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Catalog of Federal Domestic Assistance

Program Descriptions

CATALOG OF FEDERAL DOMESTIC ASSISTANCE

16.104: Protection of Voting Rights

Objectives: To provide protection of an individual's right to register and vote in all local, State and Federal elections without discrimination based on race, color, membership in a language minority group, or age. To assure the rights of persons who are disabled or are unable to read or write to receive assistance in voting from a person of their choice. To assure the right to vote in Federal elections to United States citizens residing overseas. To assure access to voter registration and to polling places for the elderly and handicapped, and to assure compliance with the National Voter Registration Act of 1993.

PROGRAM AND AWARD FINANCIAL AND INFORMATION CONTACTS

ELIGIBILITY REQUIREMENTS FINANCIAL AND ADMINISTRATIVE INFO.

APPLICATION AND AWARD PROCESS INFORMATION CONTACTS

RELATED PROGRAMS ASSISTANCE CONSIDERATIONS

PROGRAM ACCOMPLISHMENTS POST ASSISTANCE REQUIREMENTS

16.104 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility: All U.S. citizens old enough to vote.

Beneficiary Eligibility: All U.S. citizens old enough to vote.

Credentials/Documentation: Not applicable.

16.104 APPLICATION AND AWARD PROCESS:

Preapplication Coordination: None. This program is excluded from coverage under E.O. 12372.

Application Procedure: Contact the headquarters office listed below.

Award Procedure: Not applicable.

Deadlines: Not applicable.

Range of Approval/Disapproval Time: Not applicable.

Appeals: Not applicable.

Renewals: Not applicable.

Criteria for Selecting Proposals: Not applicable.

Examples of Funded Projects: Not applicable.

Range and Average of Financial Assistance: Not applicable.

16.104 RELATED PROGRAMS:

16.200 Community Relations Service;
29.001 Clearinghouse Services, Civil Rights Discrimination Complaints;
93.001 Civil Rights Compliance Activities.

16.104 PROGRAM ACCOMPLISHMENTS:

The Civil Rights Division's Voting Section vigorously enforces the Voting Rights Act (VRA) and other laws to protect the right to vote. In fiscal year 1999, a lawsuit was filed against the Enemy Swim Sanitary District and Day County, South Dakota, alleging that Native Americans are being denied the right to vote in sanitary district elections in violation of 42 U.S.C. 1971(a)(1) and 1971(a)(2)(A) and Section 2 of the Voting Rights Act, and filed a consent decree to resolve our claims against Day County. In fiscal year 1999, the Voting Section filed and resolved by a stipulated order a lawsuit involving the failure of the State of New York to comply with the Uniformed and Overseas Absentee Voting Act, and filed a lawsuit and obtained an injunction against the State of Alabama to prevent the use of a restriction against absentee voting that had not been precleared under Section 5 of the Voting Rights Act. The Section also filed a lawsuit in fiscal year 1999 against the City of Lawrence, Massachusetts, raising claims under Section 2 and Section 203 of the Voting Rights Act, and filed a consent decree that resolved our Section 203 claims. In fiscal year 1999, the Section filed a consent decree with Passaic County, New Jersey, and the City of Passaic, which provided for a comprehensive Spanish-language remedial program, including the authority to use federal observers, in order to bring the defendants into compliance with the language minority provisions of Section 203 of the Voting Rights Act. In fiscal year 1999, a consent decree was filed with Attala County, Mississippi, to resolve a Section 2 action against that county's redistricting plan for county supervisors. In fiscal year 1999, consent decrees were filed with Frederick County, Virginia and Shenandoah County, Virginia to resolve declaratory judgment actions brought by those jurisdictions pursuant to the "bailout" provisions of Section 4 of the Voting Rights Act. In fiscal year 1999, notices of intent to sue, under Section 2 of the Voting Rights Act, were sent to the jurisdictions of Marion County, Georgia, the City of Santa Paula, California, the City of Passaic, New Jersey, Roosevelt County, Montana, and Benson County, North Dakota, and began negotiations with each jurisdiction to resolve our concerns without litigation. In fiscal year 1999, we also defended a challenge to a court-ordered remedial election plan that resulted from our 1979 Section 2 lawsuit against Dallas County, Alabama, and we defended a challenge to a 1994 consent decree in our Section 2 case against Tallapoosa County, Alabama. In fiscal year 1999, we participated as amicus curiae in several private lawsuits involving the Voting Rights Act, including a Section 2 challenge to the at-large election system in the city of Cocoa, Florida; a Section 5 enforcement action against the State of Alabama concerning recounts of ballots; a Section 5 enforcement action against the State of Texas concerning annexation procedures; a challenge to a consent decree involving Cleveland County, North Carolina; a challenge to the constitutionality of judicial districts in Louisiana; and a challenge to the constitutionality of congressional and State senate redistricting plans in the State of Florida. During fiscal year 1999, we reviewed on behalf of the Attorney General more than 12,800 changes in voting practices and procedures under Section 5 of the Voting Rights Act, to make sure that discriminatory practices were not implemented. These voting changes were contained in over 3,800 separate submissions. To protect minority voters, in fiscal year 1999, the Attorney General interposed Section 5 objections to a change in the method of electing the city council, the replacement of the plurality win system for the mayor and council with a majority vote requirement, and new redistricting criteria for the City of Galveston, Texas; the designation of a polling place for the city of McComb in Pike County, Mississippi, which led to the city adopting a new, nondiscriminatory precinct plan; a redistricting plan for the parish council in Washington Parish, Louisiana; a deannexation from the City of Lamesa, Texas; and a change in the method of election from transferable vote to limited voting for community school boards in the City of New York, New York. We are preparing now to assure that redistricting plans adopted following the 2000 Census will be racially fair, including extensive study and evaluation of our Section 5 review process, the need for public guidance and the maximum use of office automation and technology. During fiscal year 1999, under Section 8 of the VRA, 425 federal observers monitored election day polling place activities in seven different States (Arizona, California, Mississippi, New Jersey, New Mexico, New York, Utah), protecting minority voters from discrimination and monitoring compliance with court orders under the VRA.

16.104 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency: CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE

Type of Assistance: Provision of Specialized Services.

Obligations: (Salaries and Expenses) FY 99 $8,211,000; FY 00 est $10,297,000; and FY 01 est $12,926,000.

Budget Account Number: 15-0128-0-1-752.

Authorization: Voting Rights Act of 1965, Public Law 89-110, 42 U.S.C. 1973-1973bb-1; Voting Rights Act Amendments of 1970, 1975, and 1982; Voting Rights Language Assistance Act of 1992; Public Laws 91-285, 94-73, 97-205, and 102-344; 42 U.S.C. 1971, 42 U.S.C. 1974; Uniformed and Overseas Citizens Absentee Voting Act, Public Law 99-410, 42 U.S.C. 1973ff; Voting Accessibility for the Elderly and Handicapped Act, Public Law 98-435, 42 U.S.C. 1973ee; National Voter Registration Act of 1993, Public Law 103-31, 42 U.S.C. 1973gg.

Regulations, Guidelines, and Literature: 28 CFR 0.50; "Voting Rights Act of 1965, A Citizens Guide to Understanding the Voting Rights Act of 1965," (a copy of this pamphlet can be purchased from the Commission on Civil Rights-Clearinghouse Publication No. 84); 28 CFR 51; 45 CFR 801; 28 CFR 55.

16.104 INFO CONTACTS:

Regional or Local Office: None.

Headquarters Office: Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, DC 20035-6128. Phone: (202) 307-3143, 800-253-3931. Contact: Office of Public Affairs, Department of Justice. Phone: (Voice) (202) 514-2007; (TDD) (202) 514-1888. Website address: www.usdoj.gov/crt/voting/index.htm.

(See Appendix IV for more contact info.)

16.104 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements: There is no statutory formula or matching requirements for this program.

Length and Time Phasing of Assistance: Not applicable.

Uses and Use Restrictions: The Voting Rights Act of 1965, as amended, prohibits state and local governments from imposing or applying any voting standard, qualification, prerequisite, or procedure in a manner that results in a denial or abridgment of the right of any U.S. citizen to vote on account of race or color or because an individual is a member of a language minority group. The VRA bans the use of literacy and similar tests as a prerequisite to voter registration or voting, authorizes voters in need of assistance in voting (because of illiteracy or disability) to receive help from the person of their choice (other than their employer or union leader), and lets registered voters vote for president even if they change their residence shortly before a presidential election. Certain specially covered States and political subdivisions are required to submit any voting changes either to the District Court for DC for a declaratory judgment that the changes do not have a discriminatory purpose or effect, or, in the alternative, to the U.S. Attorney General, who has 60 days in which to object to the proposed changes. Changes to which the Attorney General has objected are legally unenforceable unless a subsequent declaratory judgment is issued by the District Court for the District of Columbia. The VRA requires certain counties (under formulas in the act) to provide voting and election information bilingually and authorizes the Attorney General to send Federal voting observers to certain designated counties to monitor election day polling place activities to prevent discrimination. Under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, the Attorney General enforces the right of U.S. citizens living outside of the United States to vote in Federal elections. Under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. 1973ee, the States must provide accessible registration and voting facilities for Federal elections. Under the National Voter Registration Act of 1993, 42 U.S.C. 1973gg, the States must conduct voter registration for Federal elections by mail and through motor vehicle and other agencies.

16.104 POST ASSISTANCE REQUIREMENTS:

Reports: Not applicable.

Audits: Not applicable.

Records: Not applicable.