| The Voting Rights Act of 1965 prohibits racial discrimination. Although the Constitution guaranteed the right to vote, in practice, not all citizens were permitted to vote. African Americans were "disenfranchised" in a number of states because individual states could determine who could--and who could not--vote. For instance, six states imposed literacy requirements for voting. As a result, Congress passed the Voting Rights Act of 1965 to secure equal voting rights for African-Americans. The Voting Rights Act codifies the guarantee of the Fifteenth Amendment, which prohibits the denial of the right to vote due to race or color.
The Voting Rights Act, which was extended in 1970, 1975, and 1982, has been considered by many commentators to be the most successful civil rights legislation. It prohibits voting discrimination against all people, including minorities and people with limited English speaking skills. The Voting Rights Act requires that state and local elections be equally open to all minority voters. It also provides that each vote is equal. The 1975 amendment provided for language assistance for minority voters. The 1982 amendments added protections for voters with disabilities and voters who are unable to read or write English.
The Voting Rights Act provides for "federal observers" to monitor elections
Certain jurisdictions, including some states and counties, are expressly "covered" by the Voting Rights Act. These political jurisdictions are comprised of a certain percentage or number of minority voters. Pursuant to the Voting Rights Act, federal courts and the United States Attorney General may "certify" states and counties as needing federal examiners and federal observers to monitor voter registration and voting practices. For example, federal observers might monitor election day practices in response to concerns about past racial discrimination in a polling place.
The "language minority" provisions of the Voting Rights Act mandate that those jurisdictions with a substantial minority language voter population provide voting materials, such as ballots and registration applications, as well as voting notices and instructions, in both English and the minority language. Federal observers can provide election boards or bureaus with information about bilingual election procedures and materials.
The United States Department of Justice (DOJ), following an investigation by the Voting Section of the DOJ's Civil Rights Division, can ask the federal Office of Personnel Management to send federal observers to monitor elections. In 2003, more than 600 federal observers were sent to monitor elections and to ensure equal access to the voting process. Precertification of a political jurisdiction is required, however, before federal observers can be assigned.
Federal observers write reports of the activities and practices that they watched. The reports are given to the Voting Section, which then determines whether further enforcement of the Voting Rights Act is necessary.
The Department of Justice can investigate voter fraud
For the most part, the administration of elections tends to be a responsibility that lies with state and local governments. At times, however, the DOJ may assist prosecutors in cases of alleged election fraud or voter intimidation. When an allegation of criminal voter fraud in a federal election is made, the DOJ becomes involved.
The Criminal Section of the DOJ's Civil Rights Division has brought federal criminal charges where voter fraud or intimidation involves racial discrimination or bias in voting.
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