On April 9, 2009, the Department filed a complaint against Ford Bend County alleging violations of Sections 4(f)(4) and
208 of the Voting Rights Act and Section 302(a) of the Help America Vote Act. On
April 13, 2009, the Court approved a
consent decree requiring the county to effectively train its poll officials and
other election personnel.
On March 31, 2009, the Department filed a complaint against the Town of Lake Park in Palm Beach County, FL for violations of Section 2 of
the Voting Rights Act. The complaint alleges that the Town's at-large system of
electing its Commissioners denies black voters an equal opportunity to elect representatives of their choice. Although black voting age citizens compose 38%
of Lake Park's total citizen voting age population, no black candidate has ever been elected to office since the Town's founding in 1923.
On March 23, 2009, the United States filed a
complaint against the State of New York alleging violations of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The suit was filed to ensure that eligible absent uniformed services voters and overseas voters would have a reasonable
opportunity to have their ballots counted in New York's March 31, 2009 special election to fill a vacancy in the State's 20th Congressional District and in future special elections. On March 25, 2009, the parties filed, and the district court entered, a
consent decree which remedied the UOCAVA violation caused by election officials' failure to send absentee ballots to overseas voters in sufficient time to permit their timely return. The consent decree provided extra time for the receipt and counting of ballots, including federal write-in absentee ballots,
for the March 31 special election. The agreement also requires that the State
determine, in consultation with the United States, the need for permanent changes to State law or procedures to ensure UOCAVA compliance in all future special elections for federal office.
On January 29, 2009, the Department filed a Brief
for the United States as Amicus Curiae in the case of Pérez-Santiago v. Volusia
County, et. al. (M.D. Fla.), addressing the requirements for stating a claim
under Section 4(e) of the Voting Rights Act, 42 U.S.C. § 1973b(e). The Department’s
brief clarifies issues raised regarding the application of Section 4(e) in Defendants’
Motions to Dismiss, a complaint filed by Latino Justice/PRLDEF and local counsel,
on behalf of Plaintiffs who are Puerto Rican voters in Volusia County.
On January 15, 2009, the Court granted the motion of the United States to participate
as amicus curiae in Chicago Board of Election Commissioners, et al. v. Illinois State Board of Elections (N.D. Ill.), a case brought by local election officials
to obtain modifications to the election calendar and other procedures for conducting
the special Congressional election occasioned by the resignation of Rahm Emanuel. The
special primary is scheduled for March 3, with the general election on April 7. The United States sought to participate as amicus curiae for the Plaintiff's in order to ensure that
overseas civilian and military voters have sufficient time to receive and return their
ballots, in compliance with the Uniformed and Overseas Absentee Voting Act (UOCAVA).
The order entered by the Court allows various modifications ensuring that UOCAVA voters' ballots are delivered in time to be counted. For example, the order will enable voters to transmit their ballots by fax, for the first time in Illinois election history.
On January 7, 2009, the Department filed a
complaint against the New Black Panther Party in the Eastern District of Pennsylvania alleging violations of Section 11(b) of the Voting Rights Act. The complaint alleges multiple causes of action under Section 11(b), including intimidation of voters and those aiding voters.
On December 15, 2008, a Memorandum of Agreement
was reached with the State of Illinois, Department of Human Services to ensure
compliance with Section 7 of the National Voter Registration Act. Section 7 requires
offices that provide public assistance to offer voter registration applications to
clients, to help them fill out the applications, and to transmit completed
applications to appropriate elections officials.
On December 2, 2008, the Department filed a
complaint and stipulations against the Euclid City School District
Board of Education in Ohio alleging violations of Section 2 of the Voting Rights Act. The
complaint alleges that the at-large system of electing members of the school board
dilutes the voting strength of African American citizens due to racially polarized voting.
On November 19, 2008, the Department filed a complaint against the State of Alabama for violations of the Uniformed and Overseas Citizens Absentee
Voting Act. The complaint alleges that the State has failed to collect and the report information on the number of military voters and overseas citizens who are sent ballots,
return them and have successfully cast ballots in each Federal general election.
On November 14, the Department filed a motion to intervene and a
complaint in intervention in McCain-Palin 2008, Inc. v. Cunningham, et al. claiming that the Commonwealth of Virginia failed to send absentee ballots in a timely manner to military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). After a hearing on November 17, the Court granted the United States’ motion to intervene, and dismissed Plaintiff McCain-Palin 2008, Inc. for lack of standing. The Court ordered that Defendants must continue to preserve absentee ballots that arrive after Virginia’s ballot return deadline until the issue of whether Defendants have violated UOCAVA has been resolved.
On October 10, 2008, the Department filed a complaint against the State of Vermont for violations of the Uniformed and Overseas Citizens Absentee
Voting Act. The complaint alleges that the State has failed to collect and the report information on the number of military voters and overseas citizens who are sent ballots, return them and have successfully cast ballots in each Federal general election.
On May 30, 2008, the Court issued a decision
granting the motions for summary judgment filed by the Attorney General and the defendant-intervenors and denying the motion for summary judgment filed by the plaintiff in Northwest Austin Municipal Utility District Number One v. Mukasey (D.D.C.). On August 15, 2006, the Department was served with a complaint filed in Northwest Austin Municipal Utility District #1 v. Gonzales (D.D.C.). In the complaint, the district requests bailout from the preclearance requirements of Section 5 of the Voting Rights Act, and in the alternative, a determination that Section 5 is unconstitutional. The Department's
answer was filed October 16. The Department's
brief in support of its motion for summary judgment was filed on May 15. The Department's brief in opposition to the Plaintiff's motion for summary judgment was filed on June 15.
On January 17, 2008, the Court issued a decision and order
for the United States in its Section 2 complaint against the Village of Port Chester NY. The Court had earlier issued
a preliminary injunction against the Village of Port Chester.
Complaint alleging a Section 2 violation
against the City of Euclid, OH.
Section 5 submissions may now be filed in writing or electronically.
Last Modified: April 29, 2009
Updated February 11, 2009
