The National Coalition on Accessible Voting (NCAV) opposes the 8th Circuit’s decision in Arkansas State Conference NAACP v. Arkansas Bd. of Apportionment. The National Disability Rights Network (NDRN) is member of the NCAV.
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.
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.
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.
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.
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.
Autistic Self Advocacy Network
National Association of Councils on Developmental Disabilities
National Association of the Deaf
National Council on Independent Living
National Disability Rights Network
Paralyzed Veterans of America
Self Advocates Becoming Empowered
United Spinal Association
These are words you should know so that you can understand the letter we wrote.
8th Circuit
A circuit court. Circuit courts often decide how national laws work in a certain group of states. The 8th Circuit decides how national laws work in the 8th Circuit states.
The 8th Circuit states are:
- Arkansas
- Iowa
- Minnesota
- Missouri
- Nebraska
- North Dakota
- South Dakota.
For example, the 8th Circuit could decide how the Americans with Disabilities Act works in South Dakota. The 8th Circuit could not decide how it works in Maryland.
8th Circuit States
The states where the 8th Circuit can decide how the law works.
Arkansas State Conference NAACP v. Arkansas Bd. Of Apportionment
Arkansas State Conference NAACP v. Arkansas Bd. is a court case. It is a court case where the court decided something about a national law – the Voting Rights Act. It is the court case we disagree with in our letter.
Circuit Court
A type of federal court. It is the type of court the 8th Circuit is. There are 12 circuit courts. A circuit court can often decide how a national law works in part of the country. That part of the country is a group of states.
Court Case
A court case or just “a case” is another word for a lawsuit.
Discriminate
Treating someone unfairly because of who they are. For example, if someone treats you differently or unfairly because you have a disability, they discriminated against you.
Federal Courts
Courts that look at laws for the whole country. These courts can often decide how national laws work.
Lawsuit
A lawsuit happens when two people go to court. The two people do not agree about a law. They ask the court to decide who is right.
For example:
Let’s say someone treated you badly because of your disability. You think this breaks a law! You think they did not follow the Americans with Disabilities Act. The other person does not think they broke the law. You both go to court about this. You both talk to the court about what happened. The court decides if they broke the law or not. The court decides how the law works.
National
This means that something involves the whole country and not just a part of a country.
National Coalition on Accessible Voting (NCAV)
A group of organizations. The NCAV works on voting. We work to make sure that:
- people with disabilities can register to vote
- people with disabilities have what they need to vote
- people with disabilities know how to vote
- people with disabilities can get to the place where you vote
- People with disabilities can mail in their votes
National Laws
These are laws that are laws for the whole country. The whole country must follow them. They are different from state laws, which are laws only one state must follow. For example, the Americans with Disabilities Act is a national law. The Voting Rights Act is a national law.
Organizations
Groups of people that work on something together. For example, the National Disability Rights Network is an organization. People who work for it work on disability rights.
Private right of action
A legal right. It is a part of some laws. This right means that any person or group can start a lawsuit. A private right of action does not exist for every law. For some laws, only the government or a certain group can sue.
Race
Race is a way that people are put into groups. Some examples of races are Black, Asian, and Latinx. Sometimes people are treated unfairly because of race. They are treated differently because of who they are.
Voting Rights Act
An important national law. The law has to do with voting.
