IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
UNITED STATES OF AMERICA,
)
)
Plaintiff,
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v.
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CIVIL ACTION NO.
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4-04-CV-389 SWW
PULASKI COUNTY, ARKANSAS;
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CAROLYN STALEY, Pulaski County
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Circuit-County Clerk; JERRY
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LARKOWSKI, Chair of the Pulaski
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County Board of Election
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Commissioners; SALLY STEVENS
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and CHARLES KING, members of
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the Pulaski County Board of
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Election Commissioners,
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Defendants.
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)
)
COMPLAINT
The United States of America, Plaintiff herein, alleges:
1. This action is brought pursuant to the
National Voter Registration Act of 1993 ("NVRA"), 42 U.S.C. 1973gg et seq., and 28 U.S.C. 2201.
2. This Court has jurisdiction over the allegations in
this complaint pursuant to 28 U.S.C. 1331, 1345 and 2201, and 42 U.S.C. 1973gg-9.
3. Defendant
Pulaski County is a county within the State of Arkansas and is subject to the
requirements of the NVRA.
4. Defendant Carolyn Staley is the Circuit-County
Clerk for Pulaski County and the permanent registrar of voters, and is sued in
her official capacity. Defendant Staley is responsible for the administration of
procedures for voter registration and the conduct of elections in Pulaski
county, to which the requirements of the NVRA apply.
5. The members of the Pulaski County
Board of Election Commissioners is
responsible for ensuring that elections and election practices conducted by the
county are in accordance with state and federal election laws, and have the
legal authority to direct the permanent registrar to determine by reasonable
means at any time within the whole or any part of the county whether active
Record Registration Files contain the names of any persons not qualified by law
to vote.
6. Defendant Jerry Larkowski is
the Chair of the Pulaski County Board of
Election Commissioners, and is sued in his official capacity.
7. Defendant Sally Stevens
is a member of the Pulaski County Board of
Elections Commissioners, and is sued in her official capacity.
8. Defendant Charles King is
a member of the Pulaski County Board of
Elections, and is sued in his official capacity.
9. Section 8 of the NVRA, 42
U.S.C. 1973gg-6, sets forth requirements for the administration of voter
registration for elections for Federal office.
10. Pulaski County was
required to implement the provisions of the NVRA beginning January 1, 1995.
11. In 1995, the Arkansas
Legislature enacted legislation to amend the
Constitution of the State of Arkansas to substantially conform the voter
registration procedures of Arkansas counties with the NVRA.
12. Section 8(a)(1) of the NVRA,
42 U.S.C. 1973gg-6(a)(1), requires that any
eligible applicant who applies to register to vote at a voter registration
agency shall be registered to vote in an election if the valid voter
registration form of the applicant is accepted at the voter registration agency
not later than the lesser of 30 days, or the period provided by State law,
before the date of the election.
13. Section 8(a)(4) of the NVRA,
42 U.S.C. 1973gg-6(a)(4), requires that the
administrator of voter registration for elections for federal office in Pulaski
County conduct a general program that makes a reasonable effort to remove the
names of ineligible voters from the official lists of eligible voters by reason
of the death of the registrant or a change in the residence of the registrant,
in accordance with subsections (b), (c), and (d) of that Section.
14. Section 8(b) of the NVRA,
42 U.S.C. 1973gg-6(b), requires that any
program or activity to protect the integrity of the electoral process by
ensuring the maintenance of an accurate and current voter registration roll for
elections for Federal office (1) shall be uniform, non-discriminatory, and in
compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) and (2)
shall not result in the removal of the name of any person from the official list
of voters registered to vote in an election for federal office by reason of the
person's failure to vote.
15. Section 8(f) of the NVRA
sets forth procedures for voters who change
their address within the jurisdiction of the registrar . . . [i]n the case of a
change of address, for voting purposes, of a registrant to another address
within the same registrar's jurisdiction, the registrar shall correct the voting
registration list accordingly, and the registrant's name may not be removed from
the official list of eligible voters by reason of such a change of address
except as provided in subsection (d).
FIRST CAUSE OF ACTION
16. Defendants Pulaski County,
Staley, Larkowski, Stevens, and King, and
their employees and agents at the Pulaski County Circuit-County Clerk's office
and Pulaski County Board of Election Commissioners, have failed, and continue to
fail, to implement or fully implement voter registration procedures required by
Section 8(a)(1) of the NVRA, 42 U.S.C. 1973gg-6(1), in the following respects:
a. Completed voter registration
applications accepted at the Pulaski County
Circuit-County Clerk's office are not processed in a timely and complete manner
with the result that eligible applicants are effectively registered and able to vote in
appropriate precincts within 30 days of acceptance, as required by Section
8(a)(1) of the NVRA, 42 U.S.C. 1973gg-6(a)(1).
b. Defendants have failed to
develop and implement uniform rules and policies to govern the provision
and processing of applications for voter registration
for Federal office in a manner consistent with the
requirements of Section 8(a) of the NVRA, 42 U.S.C. 1973gg-6(a).
c. Defendants have
not enforced substnative standard or provided adequate training to ensure
that agents, employees and representatives of the Pulaski
County Circuit-County Clerk's office provide, collect, and process completed
voter registration applications in compliance with Section 8(a) of the NVRA, 42
U.S.C. 1973gg-6(a).
d. Unless and until ordered
to do so by this Court, Defendants will continue to fail to
provide eligible persons who apply for voter registration at the county voter
registration agency an effective opportunity to register to vote in elections
for Federal office in the manner provided in Section 8(a) of the NVRA, 42 U.S.C.
1973gg-6(a).
SECOND CAUSE OF ACTION
17. Defendants Pulaski
County, Staley, Larkowski, Stevens, and King, and
their employees and agents at the Pulaski County Circuit-County Clerk's office
and Pulaski County Board of Election Commissioners, have failed, and continue to
fail, to conduct a general program that makes a reasonable effort to remove the
names of ineligible voters from the official lists of eligible voters by reason
of the death of the registrant or a change in the residence of the registrant,
in violation of Section 8(a)(4) of the NVRA, 42 U.S.C. 1973gg-6(a)(4), in the
following respects:
a. Defendants have failed to
develop and implement uniform rules and policies
governing the removal of names of ineligible voters by reason of the death of
the registrant or a change in the residence of the registrant, in accordance
with subsections (b), (c), and (d);
b. Defendants have not enforced
substantive standards or provided adequate training to ensure that agents,
employees and representatives of the Pulaski
County Circuit-County Clerk's office make a reasonable effort to remove the
names of ineligible voters by reason of the death of the registrant or a change
in the residence of the registrant, in accordance with subsections (b), (c), and
(d).
c. Unless and until ordered
to do so by this Court, Defendants will continue to fail to
conduct a general program that makes a reasonable effort to remove the names of
ineligible voters from the official list of eligible voters by reason of the
death of the registrant or a change in the residence of the registrant in
accordance with subsections (b), (c), and (d).
THIRD CAUSE OF ACTION
18. Defendants Pulaski County,
Staley, Larkowski, Stevens, and King, and
their employees and agents at the Pulaski County Circuit-County Clerk's office
and Pulaski County Board of Election Commissioners, have failed, and continue to
fail, to ensure that any programs or activities to protect the integrity of the
electoral process by ensuring the maintenance of an accurate and current voter
registration roll for elections for federal office shall be uniform and shall
not result in the removal of the name of any person from the official list of
voters registered to vote in an election for Federal office by reason of the
person's failure to vote, in violation of Section 8(b) of the NVRA, 42 U.S.C.
1973gg-6(b), in the following respects:
a. The permanent registrar
of Pulaski County has conducted programs and/or
activities for the removal of voters from the registration rolls
for elections for Federal office that were not uniform in their application;
b. Defendants lack adequate rules
and procedures governing the conduct of programs and activities to maintain an accurate and
current voter registration roll for elections for Federal office that are
uniform, nondiscriminatory, to ensure that such programs and activities are uniform,
nondiscriminatory and in compliance with the Voting Rights Act of
1965, 42 U.S.C. 1973 et seq.;
c. Defendants fail to enforce
substantive standard or provide adequate training to ensure that agents,
employees and representatives of the Pulaski
County Circuit-County Clerk's office make a reasonable effort to conduct of
programs and activities to maintain an accurate and current voter registration
roll for elections for Federal office that are uniform, nondiscriminatory, and
in compliance with the Voting Rights Act of 1965, 42 U.S.C. 1973 et seq.;
d. Unless and until ordered to
do so by this Court, Defendants will continue to fail to conduct adequate
programs and activities to maintain an accurate and current voter
registration roll for elections for Federal office that are uniform and in
accordance with Section 8(b) of the NVRA, 42 U.S.C. 1973gg-6(b).
WHEREFORE, Plaintiff United States prays for an order:
I. Declaring that Defendants
are in violation of Section 8 of the NVRA, 42 U.S.C. 1973gg-6 et seq., which sets
forth requirements with respect to the administration of voter registration for
elections for Federal office;
II. Enjoining the Defendants,
their agents and successors in office, and all
persons acting in concert with any of them from failing or refusing to comply
with the requirements of Section 8 of the NVRA, 42 U.S.C. 1973gg-6; and,
III. Ordering the Defendants,
their agents and successors in office and all
persons acting in concert with any of them to:
A. Take all steps necessary to
remedy the demonstrated violations of Section 8 of the NVRA, 42 U.S.C. 1973gg-6; and
B. Provide the Court within 45 days
from the date of the Court's order a plan
designed to remedy the demonstrated violations of Section 8 of the NVRA, 42
U.S.C. 1973gg-6, and to affirmatively administer the registration of voters in
the manner specified by Section 8 of the NVRA, 42 U.S.C. 1973gg-6, and in
compliance with the Voting Rights Act, 42 U.S.C. 1973 et seq.
IV. Plaintiff further prays
that this Court order such other relief as the interest of justice may require,
together with the costs and disbursements of this action.
JOHN ASHCROFT
Attorney General
By:
___/s/ R. Alexander Acosta____
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
___/s/ H. E. Cummins, III______
H.E. BUD CUMMINS, III
United States Attorney
Eastern District of Arkansas
Arkansas Bar #89010
Post Office Box 1229
Little Rock, AR 72203
(501) 340-2600 (telephone)
JOSEPH D. RICH
Chief, Voting Section
__/s/ Robert A. Kengle______
ROBERT A. KENGLE
AMY H. NEMKO
ABEL GOMEZ
Attorneys, Voting Section
Civil Rights Division
Department of Justice
950 Pennsylvania Avenue, NW
Room 7254, NWB
Washington, D.C. 20035-6128
(202) 514-3232 (telephone)
(202) 307-3961 (facsimile)
Updated July 25, 2008