In a significant move to reinforce voting rights across the nation, the U.S. Department of Justice (DOJ) has introduced updated guidelines focused on protecting voters from discriminatory practices and ensuring that no eligible voter is wrongfully removed from voter rolls. This new guidance highlights the department’s dedication to safeguarding the democratic process by ensuring states comply with federal voting laws.
A Commitment to Fair Elections
As the country approaches critical election seasons, the DOJ is making it clear that maintaining accurate and current voter lists must be done in a lawful, non-discriminatory manner. According to Assistant Attorney General Kristen Clarke, “Ensuring that every eligible voter is able to vote and have that vote counted is a critical aspect of sustaining a robust democracy, and it is a top priority for the Justice Department.”
This new guidance emphasizes several key legal protections aimed at preventing states from engaging in practices that could unfairly target certain groups of voters, particularly minorities or those with disabilities.
Federal Law and Voter List Maintenance
One of the central points of the new DOJ guidance is how states manage their voter registration lists. While it’s essential for jurisdictions to keep voter rolls updated, the process must comply with federal law. Specifically, voter list maintenance must be uniform and non-discriminatory, and no voter should be removed from the rolls within 90 days of a federal election unless they have become ineligible according to strict legal standards.
States must also follow specific procedures when removing voters who have moved, ensuring that no eligible voter is mistakenly removed. This guidance serves as a reminder that list maintenance cannot be used as a pretext for voter suppression.
Protections Against Discrimination and Intimidation
The DOJ’s new guidance also reinforces the federal protections against voter discrimination and intimidation. Several important provisions of the Voting Rights Act (VRA) are reiterated, including:
- Section 11(b): This section prohibits any form of intimidation, threats, or coercion against voters at all stages of the election process, including registration, voting, and ballot counting.
- Section 2: This provision prohibits discrimination based on race, color, or membership in a minority language group. This includes protecting citizens of American Indian, Asian American, Alaskan Native, and Spanish heritage from discriminatory voting practices.
- Section 208: This section ensures that voters with disabilities or those unable to read or write can receive assistance in casting their votes, with the only restriction being that the assistant cannot be the voter’s employer or union representative.
These protections are designed to guarantee that all eligible voters can participate in the electoral process without fear of intimidation or discrimination.
Supporting Voters with Disabilities
The guidance also emphasizes the Americans with Disabilities Act (ADA), which mandates that individuals with disabilities must have equal access to voting. State and local governments are required to provide accessible voting options, such as polling places that accommodate voters with physical limitations and voting machines that are user-friendly for people with disabilities.
The DOJ’s reminder to states about ADA compliance is crucial, as it ensures that the voting rights of individuals with disabilities are upheld, giving them the same opportunities to participate in the democratic process as any other citizen.
Language Access for Minority Groups
Another critical aspect of the guidance is ensuring that election information is accessible to voters who do not speak English fluently. Under Section 203 of the Voting Rights Act, jurisdictions that meet certain thresholds are required to provide election materials in minority languages. This provision applies to areas with significant populations of language minorities, as determined by the U.S. Census Bureau. The DOJ’s guidance reminds these jurisdictions to continue offering voting resources in languages other than English, ensuring that no eligible voter is left out due to language barriers.
New Resources for Voters and Election Officials
In addition to releasing this updated guidance, the DOJ has made several resources available to assist both election officials and voters. The department has launched a comprehensive online platform (www.justice.gov/voting) that offers a wealth of information on voting rights and federal election laws. The website covers topics such as the voting rights of language minority citizens, state-specific rules regarding voting after a criminal conviction, and the rights of U.S. citizens living abroad or serving in the military.
The platform also includes guidance on post-election audits and the preservation of voting records, helping state and local election officials ensure compliance with federal regulations.
Election Threats Task Force: Protecting Election Workers
Recognizing the growing concerns about threats and violence against election workers, the DOJ has also established the Election Threats Task Force. This task force leads efforts to address any threats aimed at election officials, whether they are volunteers or elected workers, and ensures that they can perform their duties without fear of intimidation or violence.
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Voters or election workers who experience or witness any threats or criminal activity related to elections are encouraged to report the incident to the FBI or local law enforcement. The DOJ is committed to protecting not only the voters but also those who work tirelessly to uphold the integrity of elections.
A Continued Focus on Protecting Voting Rights
As the DOJ rolls out this new guidance, it is clear that the department remains focused on ensuring that the voting process is fair, accessible, and inclusive. By emphasizing compliance with federal laws, particularly the Voting Rights Act and the ADA, the DOJ aims to safeguard the rights of all eligible voters, particularly those from marginalized groups.
These updated guidelines serve as a reminder to states and election officials that efforts to maintain accurate voter rolls must not compromise the rights of eligible voters. Whether through list maintenance efforts, language accessibility, or protections for disabled voters, the DOJ’s message is clear: every eligible voter deserves the opportunity to participate fully in the democratic process.
For more information on the DOJ’s voting rights initiatives, visit the official website at www.justice.gov