This publication presents a model State Voting Rights Act (“State VRA”), developed by five legal organizations with deep experience in both voting rights advocacy and litigation generally and the enactment, implementation, and enforcement of State VRAs specifically: the Legal Defense Fund, Campaign Legal Center, Election Law Clinic at Harvard Law School, LatinoJustice PRLDEF, and Asian American Legal Defense and Education Fund (AALDEF).
To date, State VRAs have been adopted in eight states — California, Washington, Oregon, Virginia, New York, Connecticut, Minnesota, and Colorado — and have been introduced in at least eight others.
The need for strong State VRAs has only grown more urgent in the wake of sustained erosion of the federal Voting Rights Act. In recent years, key decisions from the U.S. Supreme Court and lower federal courts have significantly weakened the federal VRA’s protections — from gutting the preclearance program under Section 5 of the federal VRA to narrowing the scope of Section 2 challenges to voting discrimination.
In this environment, robust state-level protections are essential to ensuring that all voters can participate equally in the political process.
Establishes a cause of action to challenge, in state court, election practices that deny or abridge the voting strength or access of voters of color based on protected class status.
Requires certain jurisdictions with a history of discrimination to obtain approval before making changes to voting practices.
Mandates translated materials and assistance for language-minority voters, including groups not currently covered by federal law.
Creates a centralized data repository to support enforcement and transparency.
Provides clear remedies for voters who face threats, false information, or interference.
Requires political subdivisions to provide advance notice of changes to election rules or practices.
Directs courts to interpret laws and exercise discretion in favor of broad access and equal participation in the democratic process.
Allows both a state attorney general and private individual affected by violations to sue; provides for a notice-letter process, preliminary relief, remedies, and other specific procedures.
