U.S. Justice Department Issues New Guidance on Federal Law Regarding Voter Registration

The U.S. Justice Department has published (Sept. 9, 2024) a new guidance  addressing limits on when and how jurisdictions may remove voters from their voter lists. The guidance document reflects the department’s commitment to ensuring that every eligible voter can exercise their right to vote free of discrimination or voter intimidation.

“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,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As we approach Election Day, it is important that states adhere to all aspects of federal law that safeguard the rights of eligible voters to remain on the active voter lists and to vote free from discrimination and intimidation.”

In its guidance, the department reminds states that efforts to ensure accurate and current voting rolls must be accomplished in compliance with federal law and in a nondiscriminatory manner. Specifically, the department explains important limits imposed by federal law on the rules and procedures states may adopt regarding their voter registration lists. For example, list maintenance efforts must be uniform and nondiscriminatory, and a program to systematically remove ineligible voters must not be done within 90 days of a federal election. There also are specific rules about how to remove registered voters because they have moved. Importantly, these federal protections apply whether the process is initiated by the state or is responsive to third-party submissions.

The department also released a fact sheet as a resource for jurisdictions and provides information on certain civil provisions of federal law that protect the right to vote.

• Section 11(b) of the Voting Rights Act: Federal law broadly prohibits intimidation, threats and coercion — or attempts to do so — throughout every stage of the voting process, including registering to vote, casting a ballot and counting votes.
• Section 2 of the Voting Rights Act: Federal law also prohibits discrimination in voting because of race, color or membership in a minority language group, defined to include American Indian, Asian American, Alaskan Native and Spanish heritage citizens.
• Section 208 of the Voting Rights Act: For voters with disabilities and those unable to read or write, federal law guarantees voting assistance in all aspects of the voting process by a person of the voter’s choice subject to only two exceptions barring assistance by the voter’s employer or union. And, under the Americans with Disabilities Act, state and local governments must ensure people with disabilities have a full and equal opportunity to vote.
• Section 203 of the Voting Rights Act: The fact sheet explains that some jurisdictions, as determined by the Census Bureau, are required to provide all election information that is available in English in the covered minority language.

In April, the department announced an updated website, www.justice.gov/voting, a one-stop resource for information on voting and elections. This website includes guides on a range of topics to inform voters and state and local election officials. It includes, among other topics, information about Voting Protections for Language Minority Citizens under Section 203 of the Voting Rights Act, state-by-state rules regarding voting after a criminal conviction, the voting rights of members of the armed services and U.S. citizens living overseas, and information related to post-election audits, including the requirements under federal law that state and local election officials “retain and preserve” voting-related records.

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931.

The www.justice.gov/voting website also provides information on the Justice Department’s Election Threats Task Force, which leads the department’s efforts to address violence against election workers and to ensure that all election workers — whether elected, appointed or volunteer — are able to do their jobs free from threats and intimidation.

You can report suspected criminal activity regarding voting to the FBI at 1-800-CALL-FBI (1-800-225-5324) or by filing an online complaint at tips.fbi.gov. You can also contact local law enforcement. If at any time you are in imminent danger, call 911.