Cases Raising Claims Under The National Voter Registration Act

United States v. State of Arizona (D. Ariz. 2022)

On July 5, 2022, the United States filed a complaint against the State of Arizona.  The complaint alleges that House Bill 2492 (2022) violates Section 6 of the National Voter Registration Act of 1995 by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA.  The complaint also contends that it violates Section 101 of the Civil Rights Act of 1964 by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot.

United States v. State of New Jersey (D. N.J. 2021)

On August 5, 2021, the United States filed a complaint against the State of New Jesey alleging the state violated Section 7 of the National Voter Registration Act (NVRA) by failing to designate certain offices that provide state-funded programs that primarily serve persons with disabilities as voter registration agencies. Neither Access Link, the New Jersey Transit paratransit program nor the Community Transportation, a county-based transportation, both of which primarily serve persons with disabilities, distribute voter registration forms with applications for disability transportation services, assist with completion of voter registration forms, or accept voter registration forms for transmittal to appropriate state election official as required by the NVRA.

United States v. Oneida County (N.D. N.Y. 2021)

On July 12, 2021, the United States filed a complaint alleging that before the November 2020 election, the board of elections violated Section 8 of the National Voter Registration Act by failing to process timely-submitted voter registration applications completed through state motor vehicle offices and to ensure voter registration applicants received timely notice of the disposition of their applications. The complaint also alleges that the board violated Section 302 of the Help America Vote Act by rejecting provisional ballots cast in that election without verifying the voters’ eligibility and without counting those provisional ballots cast by eligible voters. On July 13, the Courts signed a consent decree that requires the board of elections will develop procedures to ensure that election officials process all timely submitted voter registration applications and train all election personnel regarding the provisional balloting requirements.

United States v. Commonwealth of Kentucky (E.D. Ky. 2018)

On July 3, 2018, the court entered an agreement that remedies violations of the National Voter Registration Act of 1993 (NVRA) alleged in the Department’s complaint-in-intervention, filed on June 21, 2018. That complaint alleges that the Commonwealth of Kentucky violated Section 8 of the NVRA. Under the agreement, Kentucky will develop a general program of statewide voter list maintenance that makes a reasonable effort to remove registrants who have become ineligible due to a change in residence, in accord with the procedures and protections provided by the NVRA and state law.

United States v. New York City Board of Elections (E.D.N.Y. 2016)

On December 14, 2017, the court entered an agreement in United States v. New York City Board of Elections (E.D. N.Y.).  The agreement remedies violations of the National Voter Registration Act of 1993 (NVRA) alleged in the Department’s complaint-in-intervention, filed on January 18, 2017.  That complaint alleges that the New York City Board of Elections violated Section 8 of the NVRA by engaging in flawed procedures for conducting voter registration list maintenance.  Among other things, the agreement required the Board of Elections to develop a comprehensive remedial plan overhauling its list maintenance and oversight procedures to remedy the Board’s admitted NVRA violations and ensure they do not re-occur.

United States v. State of Florida (N.D. Fla. 2012)

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.

United States v. State of Louisiana (M.D. La. 2011)

On August 18, 2017, the parties entered an agreement to resolve United States v. State of Louisiana (M.D. La.). The agreement remedies violations of the National Voter Registration Act of 1993 (NVRA) alleged in the Department’s complaint. The complaint, filed on July 12, 2011, alleged that the State and its agencies violated Section 7 of the 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.

United States v. State of Rhode Island,  (D.R.I. 2011)

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.

United States v. Cibola County  (D.N.M. 2007)

On January 31, 2007, the United States filed an amended complaint against Cibola County, New Mexico, to add claims under the National Voter Registration Act (NVRA) and the Help America Vote Act of 2002 (HAVA). The amended complaint includes allegations that the County violated the NVRA by failing to ensure that all timely, valid voter registration applications, including hundreds of applications from residents of the Laguna Pueblo, were processed for the November 2004 general election and by removing voters’ names from the voter registration list without legal cause. Simultaneous with the filing of the amended complaint, the parties filed an amended joint stipulation in which the County agreed to remedy the NVRA and HAVA violations, as well as to extend the provisions of the prior joint stipulation. The court entered the amended joint stipulation on March 19, 2007. In the original complaint filed in 1993, the United States alleged that Cibola County had violated Sections 2 and 203 of the Voting Rights Act by failing to ensure that American Indians in the County have an equal opportunity to participate in the electoral process, including those who rely on Keres and Navajo, American Indian languages that are historically unwritten. The parties initially resolved this case in 1994 through a stipulation and order that required the County to establish an effective Native American Election Information Program. The federal court had entered on May 3, 2004, an order approving a joint stipulation, which modified the original one and extended it through December 31, 2006.

United States v. City of Philadelphia, PA (E.D. Pa. 2007)

On October 13, 2006, the United States filed a complaint against the City of Philadelphia, PA, under Sections 203 and 208 of the Voting Rights Act for failing to establish an effective Spanish bilingual program and for denying limited-English proficient voters their assistor of choice. On April 26, 2007, the United States filed an amended complaint, contemporaneously with the signing of a settlement agreement. The amended complaint further alleged violations of Sections 2 of the Voting Rights Act as the election system and procedures denied minority voters equal access to the election process, and 4(e) of the Voting Rights Act for its failure to provide election information to citizens educated in Spanish in American flag schools in Puerto Rico; violations of the Help America Vote Act of 2002 for failing to provide alternative-language information; and a violation of Section 8 of the National Voter Registration Act of 1993 for failing to remove deceased voters from the rolls. The settlement agreement, among other things, requires the defendants to establish an effective bilingual program, including bilingual interpreters and alternative-language information; to allow limited-English proficient voters to utilize assistors of choice; to provide alternative-language information; and to undertake a program of voter list maintenance. On June 4, 2007, the U.S. District Court for the Eastern District of Pennsylvania entered an order retaining jurisdiction to enforce the terms of the settlement agreement until July 1, 2009.   On July 14, 2008, the settlement agreement was amended.

United States v. State of New Jersey  (D.N.J. 2006)

On October 12, 2006, the Department filed a complaint against the State of New Jersey to enforce the requirements of HAVA. The complaint alleges that the State had not fully implemented its computerized statewide voter registration list for use in the upcoming federal election nor collected new voter applicant’s drivers’s license or social security numbers as required. Also, on October 12, 2006 a stipulation and order was approved by the federal district court requiring the State to fully implement the statewide voter registration list, collect the required identifiers for each new voter registration, and perform the requisite list maintenance.

United States v. State of Maine, et al.  (D. Me. 2006)

On July 28, the United States filed a complaint against the State of Maine alleging violations of the NVRA and simultaneously reached an agreement with Maine officials to help ensure and protect the accuracy and integrity of Maine's statewide voter registration list. On August 14, a federal district court finalized and approved a consent decree which requires the State to develop a centralized statewide database, and to begin conducting a program of list maintenance.

United States v. State of Indiana, et al.  (S.D. Ind. 2006)

On March 2, 2009, the Court granted a motion to amend the consent decree. On June 27, the United States filed a complaint against the State of Indiana and the Co-Directors of the Indiana Election Division alleging violations of the voter registration list maintenance requirements of Section 8 of the National Voter Registration Act. The complaint alleges that the State of Indiana failed to ensure that it has a uniform general program which makes a reasonable effort to remove ineligible voters from the rolls consistent with the requirements and protections of the NVRA. The consent decree which requires county election officials to develop and implement uniform rules and policies governing the maintenance of an accurate and current voter registration roll for elections was entered on July 5.

United States v. State of Missouri, et al.  (W.D. Mo. 2005)

The United States filed its complaint on November 23, 2005, against the State of Missouri and the Missouri Secretary of State alleging violations of the voter registration list maintenance requirements of Section 8 of the National Voter Registration Act. The complaint alleges that the State of Missouri failed to ensure that it has a uniform general program which makes a reasonable effort to remove ineligible voters from the rolls consistent with the requirements and protections of the NVRA, resulting in voters being removed without proper notice in some counties and no efforts being made to remove ineligible voters in other counties.

United States v. Pulaski County  (E.D. Ark. 2004)

In this complaint, the United States alleged that Pulaski County and its election officials violated several provisions of Section 8 of the National Voter Registration Act. Under a consent decree, the county officials agreed to take specific correction actions with regard to the voter registration rolls and the conducting of the 2004 and 2006 federal elections in order to comply with the NVRA. The consent decree requires county election officials to develop and implement uniform and nondiscriminatory rules and policies governing the maintenance of an accurate and current voter registration roll for elections.

United States v. State of New York   (N.D.N.Y. 2004)

On March 22, 2010, the court entered an order granting the United States' motion for summary judgment. The United States alleged in its complaint that New York State and its public college and university system violates the National Voter Registration Act by failing to offer voter registration opportunities at those offices serving disabled students at the state's public universities and colleges, which the statute requires.

United States v. State of Tennessee  (M.D. Tenn. 2002)

The United States filed a complaint on September 27, 2002 alleging that the State of Tennessee violated the National Voter Registration Act (NVRA) by failing to implement voter registration opportunities in state public assistance offices and by failing to ensure that driver’s license applications, including renewal applications, also serve as voter registration applications. On October 15, 2002, the court entered a consent decree, which required state officials to establish and implement uniform procedures pertaining to distribution, collection, transmission and retention of voter registration applications, and to develop and implement mandatory, annual NVRA training programs for all counselors and employees whose responsibilities include providing driver’s licenses, public assistance or services to residents with disabilities.

United States v. City of St. Louis  (E.D. Mo. 2002)

On August 8, 2002, the United States filed a complaint complaint alleging that the City of St. Louis violated provisions of the National Voter Registration Act governing removal of registrants from the voter registration rolls. On August 14, 2002, the court entered a stipulation of facts and consent order stipulation of facts and consent order, which required election officials to implement uniform and nondiscriminatory rules governing the maintenance of an accurate and current voter registration list, consistent with the NVRA, including detailed election day procedures to ensure voters who appear on the inactive list are properly processed.