Our Issues – Voting Rights 

In this section:

Language Diversity Report

Help America Vote Act

National Voter Registration Act
Federal laws protecting voters with disabilities


 

California Speaks: Language Diversity and English Proficiency by Legislative District.

The Asian Pacific American Legal Center (APALC) announces the publication of a new report, California Speaks: Language Diversity and English Proficiency by Legislative District.  Produced in conjunction with the Asian Pacific Islander American Health Forum (APIAHF) and with support from Dr. Hongjian Yu of the UCLA Center for Health Policy Research, California Speaks is the first report of its kind in the nation, providing data on language diversity in each of California’s State Assembly, State Senate, and Congressional Districts. 

The report is available online at: www.demographics.apalc.org.

Help America Vote Act (HAVA)

The Help America Vote Act (HAVA) was enacted in 2002 and contains a number of important provisions relating to voting rights and election administration.  This CalVEC website provides information on HAVA in   another section. 

National Voter Registration Act

Enacted in 1993, the National Voter Registration Act (NVRA) is meant to enhance voting opportunities for all Americans by making it easier to register to vote and maintain their registration.  The NVRA applies to 44 states and the District of Columbia.

The NVRA's primary requirement applies to state motor vehicle agencies and requires that states provide individuals with the opportunity to register to vote at the same time that they apply for a driver's license or renew a driver's license.  This requirement also mandates that states forward completed registration applications to the appropriate state or local election official.

In California, the Department of Motor Vehicles (DMV) is a major point of contact for both persons registering to vote and persons who are already registered to vote.  Because of this, a number of CalVEC organizations are conducting advocacy on issues arising from the voter registration practices and procedures used by the DMV.  According to a March 2005 report by the California Voter Foundation, nearly one-fifth of non-registered persons surveyed thought they had registered through the DMV, and nearly one-third of non-registered Asian Americans surveyed thought they had registered through the DMV.

The NVRA also requires states to offer voter registration opportunities at all offices that provide public assistance or that provide state-funded programs that are engaged primarily in providing services to persons with disabilities.  In addition, the NVRA provides citizens with the right to register to vote by mail using mail-in-forms developed by each state and the Election Assistance Commission.

Lastly, the NVRA contains requirements for how states maintain voter registration lists used in federal elections.  The NVRA requires states to keep voter registration lists accurate and current while at the same time requiring states to implement safeguards preventing eligible voters from being improperly removed from voter registration lists.  A number of CalVEC organizations are conducting advocacy on issues stemming from the interaction between DMV agencies and California's voter registration database, including with respect to HAVA's requirements.

Click for more information on the NVRA.

Federal Laws Protecting Voters With Disabilities

A number of federal laws protect the rights of voters with disabilities.  These include HAVA, the NVRA, the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) of 1984, and the Americans with Disabilities Act (ADA) of 1990.

VAEHA provides that polling places used in federal elections must be accessible to voters with disabilities.  VAEHA also provides that information must be available to voters by TDD/TTY.  In addition, VAEHA provides that voters must be given an alternative method of voting if no accessible polling place is available.

The ADA prohibits discrimination against persons with disabilities by employers, state and local governments and public places.  In the voting context, the ADA requires that election jurisdictions provide polling sites that are accessible to voters with disabilities, meaning that voters have access to parking, pathways to poll sites, entrances, exits and voting areas.

Click for more information on these laws.