On September 7, 2012, the court entered a consent decree in United States v. The Territory of the Virgin Islands, et al. The consent decree remedies violations of UOCAVA, alleged in the Department's complaint, which was filed on August 31. The lawsuit alleges that the Virgin Islands failed to send absentee ballots to military and overseas voters 45 days in advance of the September 8, 2012 Federal primary election and also would fail to do so for the November 6, 2012 Federal general election. The consent decree, among other relief, provides deadlines for transmitting UOCAVA ballots and extends the ballot return deadline for UOCAVA voters; requires the Virgin Islands to provide express mail, fax, and e-mail options for the delivery and return of UOCAVA ballots; and provides notice, training, and reporting requirements related to UOCAVA ballots. The consent decree also requires the Virgin Islands to take steps to ensure compliance with UOCAVA in future federal elections and provide reports to the Department on those efforts.
On July 31, 2012, the Department filed an enforcement action, United States v. Michigan (W.D. Mich.), under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The Complaint alleged that Michigan failed to transmit absentee ballots to UOCAVA voters who requested them by June 23, the 45th day prior to the August 7 Federal primary election. The State also failed to provide 45 days for UOCAVA voters to receive, mark and return ballots for a special congressional primary election to be held on September 5. On August 6, the Court entered a Stipulated Order which, among other relief, extended the deadlines for UOCAVA voters to cast their ballots and requires Michigan to report how many ballots were cast and counted at the primary elections. Michigan will monitor UOCAVA compliance by its municipalities and townships for the November 6, 2012 Federal general election and will provide a report to the United States.
On July 13, 2012, the court entered a Stipulated Supplement Order, which remedies Guam's failure to provide an option for UOCAVA voters to receive a blank absentee ballot by electronic transmission for the the 2012 federal election cycle in violation of UOCAVA. On October 13, 2010, the court issued an order granting the United States declaratory and permanent injunctive relief. On October 6, the Department filed a complaint alleging violations of UOCAVA, against the Territory of Guam. The complaint alleged that Guam had failed to comply with the UOCAVA requirements that absentee ballots be mailed to military and overseas voters 45 days in advance of the November 2, 2010 Federal general election. The Court then entered the Department's proposed order which requires Guam to extend the deadline for receipt of absentee ballots from military and overseas voters until November 15, 2010 to ensure that those voters have 45 days to receive, mark, and submit their ballots. In addition, the Court's order requires Guam to establish procedures for email transmission of blank ballots to military and overseas voters and to publicize the provisions of the order.
On June 27, the Department filed a complaint against the State of Georgia under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), alleging that Georgia's procedures are inadequate to ensure that its UOCAVA voters can participate fully in the state's Aug. 21, 2012, federal primary runoff election, should one be necessary. Under Georgia's election calendar official runoff election ballots will not be available to be sent until after UOCAVA's deadline of July 7, 2012, the 45th day before this year's primary runoff election. On June 27, the Department also moved for a temporary restraining order and preliminary injunction seeking an order, which was granted on July 5, requiring Georgia to take certain steps necessary to ensure that all affected UOCAVA voters are afforded a full opportunity to participate in the August 21, 2012 federal primary runoff election.
On June 12, the Department filed a complaint against the State of Florida for violating Section 8 of the National Voter Registration Act ("NVRA"). The State continued to conduct a systematic purge of voters from its voter registration rolls within 90 days of an election for federal office. In addition, the complaint alleges that the State's use of an inaccurate and unreliable voter verification procedures violates the requirement of Section 8 of the NVRA that any such program by uniform and nondiscriminatory.
Changes for electronic submissions of voting changes under Section 5 of the Voting Rights Act, 42 U.S.C. 1973c.
On May 30, the court entered a consent decree in United States v. State of California et al. The consent decree remedies violations of the UOCAVA, alleged in the Department's complaint, which was filed on May 26. The complaint alleges that the State failed to comply with UOCAVA when 11 California counties failed to send over 8,000 absentee ballots to military and overseas voters 45 days in advance of the June 5, 2012 Federal primary election. The complaint also alleges that the State failed to establish and implement adequate procedures to ensure that ballots were sent by voters' preferred method of transmission (by mail or electronically), as required under UOCAVA. The consent decree requires that affected voters be notified of their options to receive and return their ballots by electronic methods, and affected voters in certain counties must be offered the option of returning ballots by express delivery at no cost to the voter. The consent decree also requires the California Secretary of State to conduct training of county election officials before the 2012 general election, to provide assistance to counties when necessary, to take the actions necessary to prevent future violations, and to report to the United States about California's UOCAVA compliance through the 2014 federal election cycle.
On March 23, 2012, the court entered a consent decree in United States v. Wisconsin. The consent decree remedies violations of UOCAVA alleged in the Department's complaint, which was also filed on March 23. The complaint alleges that the state violated UOCAVA when at least 65 Wisconsin municipalities failed to send ballots 45 days in advance of the April 3, 2012, presidential preference primary election to military and overseas voters who timely requested absentee ballots. The consent decree provides additional time beyond the state's existing April 6, 2012 deadline for receipt of ballots from military and overseas voters, equal to the total number of days a municipality was late in sending ballots. Under the consent decree, municipalities will offer affected voters who have not yet received their ballots the opportunity to receive their ballots electronically. The consent decree also requires Wisconsin to closely monitor its municipalities' UOCAVA compliance, provide assistance to its municipalities when necessary and report back to the Department of Justice about its UOCAVA compliance during the 2012 federal election cycle. In addition, the consent decree requires Wisconsin to take steps to ensure compliance with UOCAVA in future federal elections and provide a report to the Department on those efforts.
On February 24, 2012, the Department filed a complaint against the State of Alabama and the Alabama Secretary of State for failing to transmit absentee ballots to military and overseas voters at least 45 days prior to the State's March 13 federal primary election as required by UOCAVA. On February 27, the Department moved for a temporary restraining order and preliminary injunction seeking emergency relief for affected voters. On February 28, 2012, the court entered an order requiring that the State file with the court a report detailing UOCAVA ballot activity throughout the State, including the dates each county transmitted timely-requested ballots to military and overseas voters. The order further required the State to confer with the Department of Justice on appropriate relief to ensure UOCAVA voters would have a full opportunity to participate in the federal primary election, and in the subsequent federal runoff election if one is held. On March 7, 2012, after the parties were unable to agree on the relief necessary to remedy the violations of UOCAVA, the court entered a preliminary injunction ordering Alabama to provide additional time after election day for receipt of UOCAVA ballots; procedures for affording UOCAVA voters sufficient time to vote in the April 24, 2012 runoff elections, should one be necessary; to implement procedures for providing notice to affected voters of the remedies contained in the order; and to report relevant data for all the remaining 2012 federal elections. The case remains pending to determine what steps are necessary to ensure Alabama's compliance with UOCAVA in future federal election cycles. On March 12, 2012, the Court issued an opinion setting out its reasons for the order.
On February 27, the Department filed a complaint in United States v. Colfax County, NE (D.Neb.) alleging violations of Section 203 of the Voting Rights Act by failing to provide all election materials, information and assistance in Spanish that are already provided in English. On March 2, 2012, the Court entered a consent order as well the authorization of federal observers until March 30, 2015.
On October 19, 2011 the Court entered a consent decree in United States v. Alameda County (N.D. Cal.) The County must provide bilingual language assistance at the polls and election-related materials and information in Spanish and Chinese and newly covered languages as determined by the Census Bureau. On June 30, 2011, the Department filed a complaint which alleged that Alameda County violated Section 203 of the Voting Rights Act by having failed to provide effective access to the electoral process for Spanish and Chinese-speaking citizens who need language assistance and translated materials and information to cast an informed ballot. The parties have agreed that federal observers may monitor Election Day activities in polling places in Alameda County.
On October 13, 2011, the U.S. Census Bureau published the new Section 203 determinations for language minority coverage, based on the American Survey data.
On October 7, the Department simultaneously filed a complaint and settlement agreement to protect the rights of Spanish-speaking Puerto Rican voters in the case United States v. Lorain County. The complaint alleged that the County did not comply with the requirements of Section 4(e) of the Voting Rights Act by not providing critical election-related information and assistance in Spanish to LEP Puerto Rican voters. Lorain County and the Department also filed a joint stipulation that sought a court order to permit Defendants to delay answering the complaint until April 20, 2014, and to authorize federal observers through March 30, 2014. On October 7, a federal district court judge granted the proposed order. Under the agreement, the County will provide a bilingual machine ballot and hire more bilingual workers starting with the November 8, 2011 election. The County will take additional steps to create a compliant bilingual election program beginning with elections held in 2012.
On July 12, the Department filed a complaint against the State of Louisiana. The complaint alleges that the State and its public assistance and disability agencies violated the National Voter Registration Act of 1993 (NVRA) by failing to offer voter registration opportunities at public assistance agencies and offices providing state-funded disability programs for persons with disabilities throughout the state.
On April 15, 2011, the Department issued a final rule implementing revisions to several sections of the procedures for the administration of Section 5 of the Voting Rights Act.
The United States filed a complaint on March 18, 2011, alleging that the State of Rhode Island violated the National Voter Registration Act of 1993 (NVRA) by failing to offer voter registration opportunities in public assistance offices and offices that provide state-funded programs primarily serving persons with disabilities. On March 25, 2011, the court entered a consent decree, which required state officials to ensure that voter registration opportunities are offered at all public assistance and disability services offices in the state and to develop and implement NVRA training and tracking programs for those offices. In addition, the consent decree requires the state to amend its contracts with private entities that provide state-funded disability programs to ensure that such entities offer appropriate voter registration opportunities.
The Department has issued Guidance Concerning Redistricting and Section 5 of the Voting Rights Act.
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You may contact the Voting Section at Voting.Section@usdoj.gov for general information concerning the Section's activities or to make a complaint concerning a voting matter. You may also use this address to request Voting Section records under the Freedom of Information Act. If you are making such a request, the phrase "Records request" should appear in the subject line.
If you are an official from a submitting authority, please click here. You may use email if you want to provide your views on a submission that is being reviewed. Please click here to learn more. If you are an official from a submitting authority and need to supplement your initial submission, please click here. For additional information, you may call 1-800-253-3931. |
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All mail to the Voting Section must have the full address listed below:
Chief, Voting Section Civil Rights Division Room 7254 - NWB Department of Justice 950 Pennsylvania Ave., N.W. Washington, DC 20530 Deliveries by overnight express service such as Airborne, DHL, Federal Express or UPS should be addressed to: Chief, Voting Section Civil Rights Division Room 7254 - NWB Department of Justice 1800 G St., N.W. Washington, DC 20006 |