Arkansas Violated the Voting Rights Act by Limiting Help to Voters — Why It Matters for Immigrant Communities

A federal district court in Arkansas ruled that the state violated Section 208 of the Voting Rights Act by criminalizing assistance to more than six voters per election. The judge held that Arkansas’ limit conflicted with federal law, which lets voters who are blind, have disabilities, or have limited English proficiency choose any person (other than an employer/union rep) to help them cast a ballot. The court permanently barred enforcement of the six-voter cap.

For naturalized citizens and voters still developing English fluency, this ruling recognized that language assistance is not a loophole—it’s a right Congress codified to ensure meaningful access to the ballot. Community volunteers, interpreters, and faith-based groups often play a crucial role in helping elders and recent immigrants understand ballots and procedures. Limiting helpers to six people would have disproportionately burdened these voters.

What changed on appeal. In 2025, the Eighth Circuit vacated the district court’s injunction and, in a separate decision, held that private plaintiffs cannot sue to enforce Section 208, limiting most future challenges to the U.S. Department of Justice. That appellate shift narrowed how Section 208 can be enforced in Arkansas and other Eighth Circuit states—even as the underlying federal protection remains on the books.

Practical takeaways for voters and organizers

• Section 208 still guarantees eligible voters the right to choose their assistant; however, litigation routes now depend heavily on DOJ involvement in the Eighth Circuit. Track state guidance before each election.
• Community groups should train more assistants and document assistance requests, especially for voters with limited English proficiency or disabilities.
• If a poll worker denies assistance, politely cite Section 208, ask for an election judge, and record details for follow-up with counsel or civil rights hotlines.

Why immigration lawyers care. Access to language assistance directly affects civic participation by newly naturalized citizens and mixed-status families. Our office educates clients on voter rights, connects them with nonpartisan assistance, and coordinates with advocacy partners to address barriers before Election Day.