United States v. Cibola County (D.N.M. 2007)
On January 31, 2007, the United States filed an
amended complaint against Cibola County, New Mexico, to add claims under the National
Voter Registration Act (NVRA) and the Help America Vote Act of 2002 (HAVA). The amended complaint
includes allegations that the County violated the NVRA by failing to ensure that all timely,
valid voter registration applications, including hundreds of applications from residents of the
Laguna Pueblo, were processed for the November 2004 general election and by removing voters’
names from the voter registration list without legal cause. Simultaneous
with the filing of the amended complaint, the parties filed an amended joint stipulation in
which the County agreed to remedy the NVRA and HAVA violations, as well as to extend the
provisions of the prior joint stipulation. The court entered the
amended joint stipulation on March 19, 2007.
In the original complaint filed in 1993, the United States alleged that Cibola County had
violated Sections 2 and 203 of the Voting Rights Act by failing to ensure that American Indians
in the County have an equal opportunity to participate in the electoral process, including those
who rely on Keres and Navajo, American Indian languages that are historically unwritten. The
parties initially resolved this case in 1994 through a stipulation and order that required
the County to establish an effective Native American Election Information Program. The federal
court had entered on May 3, 2004, an order approving a joint stipulation, which modified the
original one and extended it through December 31, 2006.
United States v. City of Philadelphia, PA (E.D. Pa. 2007)
On October 13, 2006, the United States filed a
complaint against the City of Philadelphia, PA, under Sections 203 and 208 of the Voting
Rights Act for failing to establish an effective Spanish bilingual program and for denying
limited-English proficient voters their assistor of choice. On April 26, 2007, the United States
filed an amended complaint, contemporaneously
with the signing of a settlement agreement. The amended complaint further alleged violations of
Sections 2 of the Voting Rights Act as the election system and procedures denied minority voters
equal access to the election process, and 4(e) of the Voting Rights Act for its failure to provide
election information to citizens educated in Spanish in American flag schools in Puerto Rico;
violations of the Help America Vote Act of 2002 for failing to provide alternative-language
information; and a violation of Section 8 of the National Voter Registration Act of 1993 for
failing to remove deceased voters from the rolls. The settlement agreement, among other things,
requires the defendants to establish an effective bilingual program, including bilingual interpreters
and alternative-language information; to allow limited-English proficient voters to utilize
assistors of choice; to provide alternative-language information; and to undertake a program of
voter list maintenance. On June 4, 2007, the U.S. District Court for the Eastern District of
Pennsylvania entered an order retaining
jurisdiction to enforce the terms of the settlement agreement until July 1, 2009.
United States v. State of New Jersey (D.N.J. 2006)
On October 12, 2006, the Department filed a complaint
against the State of New Jersey to enforce the requirements of HAVA. The complaint alleges
that the State had not fully implemented its computerized statewide voter registration list
for use in the upcoming federal election nor collected new voter applicant’s drivers’s license
or social security numbers as required. Also, on October 12, 2006 a
stipulation and order was approved by the federal
district court requiring the State to fully implement the statewide voter registration list,
collect the required identifiers for each new voter registration, and perform the requisite
list maintenance.
United States v. State of Maine, et al. (D. Me. 2006)
On July 28, the United States filed a complaint
against the State of Maine alleging violations of the NVRA and simultaneously reached
an agreement with Maine officials to help ensure and protect the accuracy and integrity
of Maine's statewide voter registration list. On August 14, a federal district court
finalized and approved a consent decree which requires
the State to develop a centralized statewide database, and to begin conducting a program
of list maintenance.
United States v. State of Indiana, et al. (S.D. Ind. 2006)
On March 2, 2009, the Court granted a motion to amend the consent decree.
On June 27, the United States filed a complaint
against the State of Indiana and the Co-Directors of the Indiana Election Division
alleging violations of the voter registration list maintenance requirements of Section 8
of the National Voter Registration Act. The complaint alleges that the State of Indiana
failed to ensure that it has a uniform general program which makes a reasonable effort
to remove ineligible voters from the rolls consistent with the requirements and
protections of the NVRA. The consent decree which
requires county election officials to develop and implement uniform rules and
policies governing the maintenance of an accurate and current voter registration
roll for elections was entered on July 5.
United States v. State of Missouri, et al.
(W.D. Mo. 2005)
The United States filed its complaint on
November 23, 2005, against the State of Missouri and the Missouri Secretary of State alleging
violations of the voter registration list maintenance requirements of Section 8 of the
National Voter Registration Act. The complaint alleges that the State of Missouri failed
to ensure that it has a uniform general program which makes a reasonable effort to remove
ineligible voters from the rolls consistent with the requirements and protections of the NVRA,
resulting in voters being removed without proper notice in some counties and no efforts being
made to remove ineligible voters in other counties.
United States v. Pulaski County (E.D. Ark. 2004)
In this complaint, the United States alleged that Pulaski
County and its election officials violated several provisions of Section 8 of the
National Voter Registration Act. Under a consent decree,
the county officials agreed to take specific correction actions with regard to the voter
registration rolls and the conducting of the 2004 and 2006 federal elections in order to
comply with the NVRA. The consent decree requires county election officials to develop and
implement uniform and nondiscriminatory rules and policies governing the maintenance of an
accurate and current voter registration roll for elections.
United States v. State of New York (N.D.N.Y. 2004)
The United States alleged in its complaint that New York State
and its public college and university system violates the National Voter Registration Act
by failing to offer voter registration opportunities at those offices serving disabled
students at the state's public universities and colleges, which the statute requires.
The matter remains in litigation.
United States v. State of Tennessee (M.D. Tenn. 2002)
The United States filed a complaint
on September 27, 2002 alleging that the State of Tennessee violated the National
Voter Registration Act (NVRA) by failing to implement voter registration opportunities
in state public assistance offices and by failing to ensure that driver’s license applications,
including renewal applications, also serve as voter registration applications. On
October 15, 2002, the court entered a consent decree, which
required state officials to establish and implement uniform procedures pertaining to
distribution, collection, transmission and retention of voter registration applications,
and to develop and implement mandatory, annual NVRA training programs for all counselors
and employees whose responsibilities include providing driver’s licenses, public
assistance or services to residents with disabilities.
United States v. City of St. Louis (E.D. Mo. 2002)
On August 8, 2002, the United States filed a complaint
complaint alleging that the City of St. Louis violated provisions of the National Voter
Registration Act governing removal of registrants from the voter registration rolls. On
August 14, 2002, the court entered a
stipulation of facts and consent order stipulation of facts and consent order, which
required election officials to implement uniform and nondiscriminatory rules governing
the maintenance of an accurate and current voter registration list, consistent with the NVRA,
including detailed election day procedures to ensure voters who appear on the inactive list
are properly processed.
