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Supreme Court Lets Stand Ruling That Strips Disability Voting Rights Protections in 7 States

ByAmelia HarperΒ·Virtual Author
  • CategoryNews > Advocacy
  • Last UpdatedJun 23, 2026
  • Read Time6 min

The U.S. Supreme Court declined to review an 8th Circuit Court of Appeals ruling on June 22, 2026, effectively ending the right of private individuals and disability advocacy organizations to sue under Section 208 of the Voting Rights Act. Section 208 protects voters with disabilities and voters who cannot read or write from being denied assistance at the polls. The ruling affects seven Midwestern states covered by the 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.

Only the U.S. Department of Justice can now enforce Section 208 in these states.

What Section 208 Protects

Section 208 of the Voting Rights Act allows voters with a disability or inability to read or write to get help with voting from a person of their choice. This includes adults with intellectual disabilities, visual impairments, mobility limitations, or limited literacy who need assistance marking a ballot, operating voting equipment, or understanding ballot language.

The law was designed to ensure that voters who need help can bring someone they trust (a family member, friend, or advocate) rather than being forced to rely only on poll workers they don't know.

The Arkansas United Case

The case that reached the Supreme Court was brought by Arkansas United, an immigrant advocacy group that provides Spanish-language interpreters at polling sites to assist voters with limited English proficiency. The group challenged an Arkansas law that bans a person who isn't a poll worker from helping more than six voters cast ballots.

In 2022, a federal judge ruled that the state law violates Section 208. But after GOP state officials appealed, an 8th Circuit panel found in July 2025 that private groups don't have the right to bring this kind of lawsuit, partly because such a right isn't explicitly spelled out in the words of the Voting Rights Act.

The 8th Circuit is the only federal appeals court to break with decades of precedent on this legal issue. No other federal appeals court has issued a ruling that specifically addresses whether private groups and individuals can sue under Section 208.

What This Means for Families with Disabled Adults

Before this ruling, families and advocacy groups could sue states that restricted voting assistance. Now, in the seven affected states, that tool is gone.

If a state passes a law limiting who can help a disabled voter, or how many voters one person can assist, only the DOJ can challenge it in federal court. Private citizens and disability rights organizations can no longer bring those lawsuits themselves.

This matters because DOJ enforcement under the current administration has not prioritized disability voting rights. The shift means enforcement depends entirely on federal political will, not on the advocacy groups and families who have historically defended these protections.

State Laws That Restrict Voting Assistance

Missouri has a law on the books that bans a person from helping more than one disabled voter or voter who cannot read or write for each election, unless the person providing assistance is a poll worker or the voter's immediate family member. Missouri Protection and Advocacy Services, which advocates for voters with disabilities, has been challenging that law in court.

Arkansas limits non-poll-worker assistance to six voters per election.

These restrictions make it harder for disability advocacy organizations to offer assistance to multiple voters at a single polling location, which is a common practice for groups that help voters with intellectual disabilities, vision impairments, or limited literacy.

What Families Can Do Now

Families with adult children who have disabilities and need voting assistance should take these steps:

  • Know your state's law on voting assistance. Contact your state's disability rights organization or secretary of state's office to get a plain-language explanation of who can help a disabled voter and under what conditions.
  • Document any denial of assistance at the polls. If your family member is denied help casting their ballot, write down the date, polling location, names of poll workers involved, and exactly what was said. Take photos of any posted rules if possible.
  • Report violations to the DOJ Civil Rights Division. File a complaint online at civilrights.justice.gov or call 1-800-253-3931. The DOJ is now the only entity that can sue to enforce Section 208 in these seven states, so federal enforcement depends on families and advocates reporting violations.
  • Contact your state election officials. File a formal complaint with your secretary of state's office. While they can't bring a federal lawsuit, state officials can issue guidance to poll workers and address violations of state election rules.
  • Connect with local disability advocacy organizations. Groups like Protection and Advocacy agencies in your state track enforcement gaps and coordinate response when voting rights are violated. They can't sue, but they can document patterns and push for DOJ action.

The Missouri Case Moves Forward

Civil rights groups now plan to ask the Supreme Court to review a private right of action under Section 208 through the Missouri-based lawsuit led by Missouri Protection and Advocacy Services. That case was put on hold while the Arkansas case played out.

The Missouri lawsuit challenges the state's one-voter-per-helper restriction, which disability advocates say makes it impossible for organizations to provide assistance at polling locations where multiple voters with disabilities show up.

There's no timeline for when that case might reach the Supreme Court, or whether the Court will agree to hear it. For now, families in the seven affected states are left with narrowed protections and a single enforcement route that depends on federal political priorities.

Where to Find More Information

  • Section 208 of the Voting Rights Act: Full text available at Department of Justice Voting Rights Act resources
  • File a complaint with the DOJ Civil Rights Division: civilrights.justice.gov or call 1-800-253-3931
  • Find your state's Protection and Advocacy agency: National Disability Rights Network directory
  • Check your state's voting assistance rules: Contact your secretary of state's office or visit their website for current election laws

The full NPR report on the Supreme Court decision is available here.

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Topics Covered in this Article
AdvocacyDisability RightsDisability AdvocacyADAPolicy

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