What is the National Coalition on Accessible Voting?
The National Coalition on Accessible Voting (NCAV) is a coalition of organizations that work on national voting laws and policies. NCAV works to ensure people with disabilities have access to voting throughout the United States.
Why is the NCAV sending this letter?
The United States Court of Appeals for the 8th Circuit (8th Circuit) is a circuit court. A circuit court is a type of federal court. Federal courts hear cases on national laws and often determine how these laws will be interpreted within the area of their jurisdiction. The 8th Circuit is a circuit court with jurisdiction over the following states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
The National Coalition on Accessible Voting (NCAV) condemns the 8th Circuit’s decision in Arkansas State Conference NAACP v. Arkansas Bd. of Apportionment. We further condemn the 8th Circuit’s rejection of the opportunity to rehear the case. The decision threatens to eviscerate 8th Circuit voters’ ability to enforce their own voting rights, upend decades of legal jurisprudence, and to chill voting rights advocacy in the 8th Circuit. The NCAV urges federal courts to preserve the right to vote for all Americans.
What was the case about?
Arkansas State Conference NAACP v. Arkansas Bd. was an aberrant decision, from which even the chief judge dissented. It concerned Section 2 of the Voting Rights Act. Section 2 of the Voting Rights Act prohibits voting discrimination on the basis of race, color, or language-minority status. Sixty years of precedent establishes that any person or group can sue state and local officials if they experience race-based voting discrimination. The ability of anyone to sue using a particular law is referred to as a “private right of action.” The decision may get rid of that right for Section 2 of the Voting Rights Act in the 8th Circuit.
Why was this case important?
Although the decision does not affect Attorney General’s (and therefore the federal government’s) ability to sue in 8th Circuit jurisdictions, the vast majority of Voting Rights Act lawsuits are brought by private citizens and organizations. In fact, the vast majority of successful Section 2 cases have been brought by private citizens and groups. The Section 2 private right of action has been used to strike down countless discriminatory voting policies, including strict voter ID laws and racial gerrymandering. Section 2 of the Voting Rights Act has also helped to strengthen our democracy and increased voter turnout and representation. Without this robust enforcement, which was intended by Congress and recognized by courts for decades, the protections the Voting Rights Act provides could be in jeopardy for millions of voters.
Any reduction of voting rights impacts voters with disabilities. Voters with disabilities are of every race and ethnicity. Additionally, voters with disabilities are often disproportionately harmed by discriminatory laws and policies.
What will the NCAV do next?
The NCAV remains firmly committed to voting rights for all. We will continue to monitor this case and will inform you of any further developments. We urge other courts to continue to recognize Congress’s intent and uphold Section 2’s private right of action. Voters need – and deserve – a way to hold their government accountable when it deprives or limits their right to vote.
Sincerely,
Autistic Self Advocacy Network
National Association of Councils on Developmental Disabilities
National Association of the Deaf
National Disability Rights Network
Self Advocates Becoming Empowered
United Spinal Association
