The Voting Rights Act & Preclearance
The preclearance provision of the 1965 Voting Rights Act requires certain states and localities to seek federal approval for any changes in their election laws. The preclearance provision, which the Supreme Court upheld in 2009, applies to all or parts of 16 states with a history of racial discrimination.
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Preclearance
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Section 5 of the Voting Rights Act includes the preclearance requirement. Covered states, counties and townships must receive permission from either the U.S. attorney general or the U.S. District Court for the District of Columbia to change election laws. The attorney general or court must find that a proposed change in election law will not discriminate against voters.
Covered Districts
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Preclearance covers the entire states of Alaska, Arizona, Texas, Louisiana, Mississippi, Alabama, Georgia and South Carolina. It also applies to certain counties in California, South Dakota, Florida, North Carolina, New York and Virginia and certain townships in Michigan and New Hampshire.
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Bailing Out
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The Voting Rights Act initially fully covered Virginia, but as of early 2009, 15 municipalities had "bailed out" of coverage under Section 5 of the act. If a jurisdiction goes 10 years without denials of voting-law changes and meets other criteria ensuring fair voting without regard to race, that jurisdiction may apply for a bailout, meaning it is no longer covered under the preclearance provision.
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References
- United States Department of Justice: About Section 5 of the Voting Rights Act
- United States Department of Justice: Introduction To Federal Voting Rights Laws
- Virginia Board of Elections: Department Of Justice Pre-Clearance
- OMB Watch: Supreme Court Upholds "Preclearance" Provision in 1965 Voting Rights Act
Resources
- Photo Credit register to vote image by Christopher Martin from Fotolia.com
