The Voting Section enforces the Help America Vote Act of 2002 (HAVA), 52 U.S.C. §§ 21081 to 21085, 21111, which establishes minimum standards for states to follow in several key areas of election administration in elections for federal office. The Attorney General has the authority to enforce the minimum standards in the Help America Vote Act that govern voting systems, provisional ballots, posting of voting information, requirements for first time registrants by mail, and centralized statewide voter registration databases.

When a United States Attorney’s Office receives a complaint or other information regarding the possibility of a Help America Vote Act violation, that office should forward the complaint or other information to the Voting Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Voting Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022