DOJ Guidance Concerning Federal Statutes Affecting Methods of Voting
Information Below is from the Southeast ADA Center
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On July 28, 2021, the US Department of Justice (DOJ) issued a guidance document related to state and local governments’ administration of voting that explains the requirements of Title II of the Americans with Disabilities Act (ADA) and other federal civil rights laws: Guidance Concerning Federal Statutes Affecting Methods of Voting.
This document is meant to provide guidance regarding certain federal voting rights laws enforced by the Department of Justice. Citations are provided to assist the reader but are not intended to be comprehensive. The discussion provides guidance concerning the following topics:
Federal Voting Rights Laws That Bear On How Citizens Cast Their Ballots
Federal Laws Governing Voting By Mail and Absentee Ballots
Federal Laws Governing Voting In Person (Including Early Voting)
To read more information in this Press Release see Justice Department Issues Guidance on Federal Statutes Regarding Voting Methods and Post-Election "Audits".
Several federal statutes protect the rights of citizens throughout the voting process including:
The Voting Rights Act (VRA), 52 U.S.C. §§ 10301-10702
Title II of the Americans with Disabilities Act (“ADA”)
The Voting Accessibility for the Elderly and Handicapped Act (“VAEHA”), 52 U.S.C. §§ 20101-07
Title III of the Help America Vote Act (“HAVA”), 52 U.S.C. §§ 21081-21102
The Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), 52 U.S.C. §§ 20301-11
Section 12 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § § 20511(1)(A)
Section 131 of the Civil Rights Act of 1957, 52 U.S.C. § 10101(b)
The Help America Vote Act (“HAVA”), 52 U.S.C. § 21081(a)(1)(B