Language Provisions and Assistance

Document Type

Book Chapter

Journal Title

The Oxford Handbook of American Election Law

First Page

795

Publication Date

10-22-2024

Abstract

The Voting Rights Act (VRA) includes provisions for language accessibility and assistance, but Sections 4(e), 203, and 208 of the Act are used sparingly. The most potent language assistance provision, Section 203, requires certain jurisdictions to provide election materials in a covered language. This prophylactic measure, however, is temporary. Shelby County v. Holder taught us that temporary measures do not necessarily lead to permanent changes. Additionally, another lesser-known but equally important provision of the VRA, Section 208, requires that assistance be provided to voters whose ability to cast a ballot is impeded by blindness, a disability, or the inability to read or write. The law allows these voters to receive assistance from a person of the voter’s choice, subject to narrow exceptions. Section 208 provides another mechanism for limited English proficient voters to secure the right to vote. This chapter examines the Language Provisions and Assistance sections of the VRA, provides a critique of these sections, and suggests ways the law can improve access for limited English proficient voters.

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