About Federal Observers and Election Monitoring
The federal courts and the Attorney General may certify counties or other political
subdivisions of a State so that federal observers may be assigned to those political subdivisions.
The Act permits federal observers to monitor procedures in polling
places and at sites where ballots are counted in certified political subdivisions.
The Voting Section conducts investigations to determine whether it is likely that minority
voters will not be allowed to cast a ballot without interference in particular polling places
on election day, and therefore whether federal observers are needed. If so, the Voting Section
notifies the Office of Personnel Management (OPM) that federal observers are needed, which OPM
recruits, and then, in cooperation with Voting Section attorneys, supervises the people who serve
as federal observers. Federal observers write reports of the activities they witness in polling
places and provide those reports to the Voting Section. The Voting Section will assess these
reports to determine whether further enforcement of the Voting Rights Act is needed in the
political subdivision.
Federal Observers
The Voting Rights Act provides for the appointment of federal observers by
order of a federal court pursuant to Section 3(a), or, with regard to political
subdivisions covered under Section 4 of the Voting Rights Act, upon the certification by the
Attorney General, pursuant to Section 8 (previously Section 6). A total of 148 counties and
parishes in 9 states have been certified by the Attorney General: Alabama (22 counties),
Arizona (3), Georgia (29), Louisiana (12), Mississippi (50), New York (3),
North Carolina (1), South Carolina (11) and Texas (17).
Political subdivisions certified by the Attorney General for federal observers under
the Voting Rights Act:
State
|
Subdivision
|
Date certified
|
|
|
|
Alabama (22)
|
Autauga County |
10/30/65 |
|
Barbour County |
10/11/94 |
|
Bullock County |
11/06/78 |
|
Chambers County |
07/31/84 |
|
Choctaw County |
06/01/66 |
|
Conecuh County |
09/02/80 |
|
Crenshaw County |
01/05/87 |
|
Dallas County |
08/10/65 |
|
Elmore County |
10/30/65 |
|
Greene County |
10/30/65 |
|
Hale County |
08/10/65 |
|
Jefferson County |
01/22/66 |
|
Lowndes County |
08/10/65 |
|
Marengo County |
08/10/65 |
|
Monroe County |
09/06/84 |
|
Montgomery County |
10/02/65 |
|
Perry County |
08/20/65 |
|
Pickens County |
09/01/78 |
|
Russell County |
09/25/78 |
|
Sumter County |
05/03/66 |
|
Talladega County |
11/04/74 |
|
Wilcox County |
08/20/65 |
|
|
|
Arizona (3)
|
Apache County |
11/04/86 |
|
Navajo County |
11/04/86 |
|
Yuma County |
02/26/91 |
|
|
|
Georgia (29)
|
Baker County |
11/05/68 |
|
Baldwin County |
08/13/84 |
|
Brooks County |
07/17/90 |
|
Bulloch County |
08/01/80 |
|
Burke County |
11/07/78 |
|
Butts County |
08/31/82 |
|
Calhoun County |
08/01/80 |
|
Chattahoochee County |
08/13/84 |
|
Early County |
08/01/80 |
|
Hancock County |
11/08/66 |
|
Jefferson County |
08/13/84 |
|
Johnson County |
08/01/80 |
|
Lee County |
03/28/67 |
|
McIntosh County |
07/21/92 |
|
Meriwether County |
08/06/76 |
|
Mitchell County |
08/01/80 |
|
Peach County |
11/04/72 |
|
Pike County |
08/13/84 |
|
Randolph County |
08/10/92 |
|
Screven County |
03/28/67 |
|
Stewart County |
08/06/76 |
|
Sumter County |
08/01/80 |
|
Talbot County |
08/09/88 |
|
Taliaferro County |
11/05/68 |
|
Telfair County |
08/01/80 |
|
Terrell County |
03/28/67 |
|
Tift County |
08/01/80 |
|
Twiggs County |
09/03/74 |
|
Worth County |
08/13/84 |
|
|
|
Louisiana (12)
|
Bossier Parish |
03/28/67 |
|
Caddo Parish |
03/28/67 |
|
De Soto Parish |
03/28/67 |
|
East Carroll Parish |
08/10/65 |
|
East Feliciana Parish |
08/10/65 |
|
Madison Parish |
08/13/66 |
|
Ouachita Parish |
08/20/65 |
|
Plaquemines Parish |
08/10/65 |
|
Sabine Parish |
10/01/74 |
|
St. Helena Parish |
08/18/72 |
|
Tensas Parish |
10/22/99 |
|
West Feliciana Parish |
10/30/65 |
|
|
|
Mississippi (50)
|
Adams County |
09/16/91 |
|
Amite County |
03/28/67 |
|
Benton County |
09/28/65 |
|
Bolivar County |
09/28/65 |
|
Carroll County |
12/22/65 |
|
Chickasaw County |
08/02/99 |
|
Claiborne County |
04/14/66 |
|
Clay County |
09/28/65 |
|
Coahoma County |
09/28/65 |
|
Copiah County |
12/13/83 |
|
Covington County |
08/06/79 |
|
De Soto County |
10/30/65 |
|
Forrest County |
06/03/67 |
|
Franklin County |
03/28/67 |
|
Greene County |
08/06/79 |
|
Grenada County |
07/22/66 |
|
Hinds County |
10/30/65 |
|
Holmes County |
10/30/65 |
|
Humphreys County |
09/28/65 |
|
Issaquena County |
06/03/67 |
|
Jasper County |
04/14/66 |
|
Jefferson County |
10/30/65 |
|
Jefferson Davis County |
08/20/65 |
|
Jones County |
08/20/65 |
|
Kemper County |
11/04/74 |
|
Leake County |
07/26/99 |
|
Leflore County |
08/10/65 |
|
Lowndes County |
08/23/83 |
|
Madison County |
08/10/65 |
|
Marshall County |
08/08/67 |
|
Monroe County |
09/16/91 |
|
Neshoba County |
10/31/65 |
|
Newton County |
12/22/65 |
|
Noxubee County |
04/14/66 |
|
Oktibbeha County |
03/28/67 |
|
Pearl River County |
05/09/74 |
|
Quitman County |
11/03/80 |
|
Rankin County |
04/14/66 |
|
Scott County |
05/20/93 |
|
Sharkey County |
06/03/67 |
|
Simpson County |
12/22/65 |
|
Sunflower County |
05/02/67 |
|
Tallahatchie County |
08/19/71 |
|
Tunica County |
11/04/75 |
|
Walthall County |
10/30/65 |
|
Warren County |
12/22/65 |
|
Washington County |
08/10/83 |
|
Wilkinson County |
08/08/67 |
|
Winston County |
04/14/66 |
|
Yazoo County |
10/30/71 |
|
|
|
New York (3)
|
Bronx County |
11/04/85 |
|
Kings County |
11/04/85 |
|
New York County |
11/04/85 |
|
|
|
North Carolina (1)
|
Edgecombe County |
05/07/84 |
|
|
|
South Carolina (11)
|
Bamberg County |
10/12/84 |
|
Calhoun County |
10/02/84 |
|
Chester County |
06/12/90 |
|
Clarendon County |
10/30/65 |
|
Colleton County |
10/12/84 |
|
Darlington County |
11/06/78 |
|
Dorchester County |
10/30/65 |
|
Hampton County |
10/12/84 |
|
Marion County |
06/26/78 |
|
Richland County |
10/02/84 |
|
Williamsburg County |
10/02/84 |
|
|
|
Texas (17)
|
Atascosa County |
11/03/80 |
|
Bee County |
11/01/76 |
|
Crockett County |
08/11/78 |
|
Dallas County |
04/06/84 |
|
El Paso County |
11/06/78 |
|
Fort Bend County |
04/30/76 |
|
Frio County |
11/01/76 |
|
Galveston County |
12/10/96 |
|
Hildalgo County |
11/08/88 |
|
Jefferson County |
12/10/96 |
|
La Salle County |
11/01/76 |
|
Medina County |
04/30/76 |
|
Reeves County |
05/05/78 |
|
Titus County |
11/01/02 |
|
Uvalde County |
04/30/76 |
|
Victoria County |
04/03/87 |
|
Wilson County |
04/30/76 |
Section 3(a) of the Voting Rights Act provides that a federal court may authorize the appointment
of federal observers by the Director of the Office of Personnel Management to serve in a
political subdivision for such period of time as the court deems appropriate to enforce
the voting guarantees of the fourteenth or fifteenth amendment. A total of 19 political subdivisions in 10 states are currently
certified by federal court order: Arizona (1), California (4), Illinois (1), Louisiana (1), Massachusetts (2), New Jersey (1), New Mexico (2), New York (1),
South Dakota (2), and Texas (4).
Political subdivisions that are eligible for federal observers as a result of court
orders under the Voting Rights Act:
State
|
Subdivision
|
Terms
|
|
|
|
Arizona |
Cochise County |
10/12/06 order, effective until 12/31/08 |
California |
City of Rosemead |
8/10/07 order, effective until 30 days after the 2009 municipal election
(previously covered by 9/8/05 order) |
|
City of Paramount |
8/23/05 order, effective until 12/31/09 |
|
City of Azusa |
8/26/05 order, effective until 12/31/09 |
|
City of Walnut |
11/9/07 order, effective until 12/31/10 |
Illinois |
Kane County |
11/7/07 order, effective until 12/31/10 |
Louisiana |
St. Landry Parish |
12/5/79 order, effective "until further order
of this Court" |
Massachusetts |
City of Boston |
10/18/05 order, effective until 12/31/08
(previously covered by 9/22/05 order) |
|
City of Springfield |
1/16/08 order, effective until 1/31/10
(previously covered by 9/15/06 order) |
|
|
|
New Jersey |
Borough of Penns Grove |
7/29/08 order, effective through 3/31/11 |
New Mexico |
Cibola County |
3/19/07 order, effective through 1/15/09
(previously covered by 5/3/04, 4/21/94, 12/17/84 orders) |
|
Sandoval County |
11/28/07 order, effective through 1/31/09
(previously covered by 12/17/84, 5/17/90, 9/9/94 and 11/8/04 orders) |
New York |
Westchester County |
1/3/08 order, effective through 12/31/08
(previously covered by 7/18/05 order) |
South Dakota |
Buffalo County |
2/12/04 order, effective until 1/1/13 |
|
Charles Mix County |
12/4/07 order, effective until 12/1/14 |
Texas |
Brazos County |
6/29/06 order, effective until 3/1/09 |
|
Ector County |
8/26/05 order, effective until 12/31/09 |
|
Galveston County |
7/20/07 order, effective until 12/31/10 |
|
Hale County |
4/27/06 order, effective until 12/31/09 |
Election Monitoring
Section 8 of the Voting Rights Act, provides for the appointment of federal observers within
political subdivisions certified by the Attorney General or by order of a federal court pursuant
to the Voting Rights Act.
The monitoring of elections by federal observers is an important aspect of the Voting Section's
enforcement efforts. In some instances there are concerns about racial discrimination in the voting
process; other times monitoring is done to ensure compliance with bilingual election
procedures. The success of the federal observer program in consistently achieving both of these
objectives is possible by the long-term commitment of the United States Office of Personnel
Management to recruit, train, and supervise these federal employees, who serve as
neutral and impartial observers of election-day procedures, and by cooperation and coordination
with state and local election officials.
Sometimes, the Department learns of election-related problems that may appear to warrant
the assignment of federal observers but there is insufficient time to either arrange for
the assignment or to develop the factual predicate necessary for the certification of the
political subdivision. In addition, such problems may occur in jurisdictions that are not
eligible for such certification because they are not covered under Section 4. Finally, the
Department may have information indicating potential violations of other federal voting laws.
Under these circumstances, one or more attorneys may be assigned to monitor the election and maintain
contact with state and local officials. Thus, from time to time attorneys have monitored
elections either by telephone from Washington, D.C. or in person at the site of the election.
How to Request Monitoring of an Election by the Civil Rights Division
- Contact the Voting Section at:
Phone: 202-307-2767
Toll-free: 800-253-3931
Facsimile: 202-307-3961
Gaye Tenoso, Special Counsel
- Provide specific and detailed information regarding the need for a federal presence, including:
- Any incidents of discrimination or interference with the right to vote in connection with
upcoming or recent elections;
- Any complaints to local or state officials about the incidents and what, if anything, was done
in response;
- Names and contact information for victims of discrimination or other violations of federal voting
rights law;
- Names and contact information for any persons who have first-hand knowledge of the incidents;
- Names and contact information, if possible, for persons alleged to have engaged in
discrimination or other violations of federal voting rights law;
- Locations where incidents have occurred.
- As much lead time as possible is important in order to permit pre-election investigations and
to make logistical and staffing arrangements.
Termination of Federal Observer Assignment Authority
Section 13 of the Voting Rights Act sets forth the procedures by which a political
subdivision where federal observers have been assigned due to certification
by the Attorney General, may petition for the termination of such assignment authority.
The Attorney General may terminate such assignment authority for a jurisdiction if:
- the Director of the Census has determined that more than 50% of the nonwhite
persons of voting age are registered to vote and
- there is no longer reasonable cause to believe that persons will be deprived or denied
the right to vote on account of race or color, or in contravention of the guarantees set
forth in Section 4(f)(2) of the Voting Rights Act for language minority groups.
A political subdivision also may file an action for a declaratory judgment in
the United States District Court for the District of Columbia that the federal observer assignment
authority for the political subdivision should be terminated.
Any currently certified political subdivision that would like to submit a petition for
termination of the federal observer assignment authority may contact the Voting Section:
Chief, Voting Section
Civil Rights Division, Department of Justice
950 Pennsylvania Ave., N.W.
Room 7254 NWB
Washington, DC 20530
You can call, toll-free, at 800/253-3931.