preclearance

Virginia Passes State-Level Voting Rights Measure Mirroring Original Federal 1965 Voting Rights Act

Election Law Society · February 2, 2022 ·

By: Sarah Fisher

In March 2021, Virginia—a state historically marked by racially discriminatory practices in voting—became the first state formerly covered by the landmark federal 1965 Voting Rights Act to adopt state-level voting rights legislation modeled off of the Civil Rights Era measure.

Under the 1965 Act, certain cities, counties, and states with a history of race-based discrimination in voting were required to seek approval (called “preclearance”) from the United States Attorney General before making any changes to their election laws, regulations, or practices. The group of states and municipalities required to seek preclearance was determined by a formula that considered the jurisdiction’s use of certain discriminatory voting practices (such as poll taxes) and the jurisdiction’s voter registration and participation rates as of 1968.

Pennsylvania is leading the charge to reenact Section 4 of the Voting Rights Act

Election Law Society · January 30, 2017 ·

By: Ebony Thomas

From slavery to Jim Crow, America has a long, dark history in the treatment of its African American citizenry. Although Congress ratified changes to the United States Constitution three times to benefit African Americans (i.e., the 13^th Amendment abolished slavery, the 14^th Amendment provided African Americans equal protection, and the 15^th Amendment gave African American men a right to vote), the franchise did not come easily for former slaves. Many states imposed barriers, such as poll taxes, literacy tests, intimidation, and other methods, to keep African Americans from accessing the ballot. It was not until 1965, under the leadership of President Lyndon B. Johnson, that the nation affirmed the promise of the Constitution to all Americans and effectively decimated States’ self-imposed barriers that kept African Americans from exercising their right to vote. This legislation is known as the Voting Rights Act of 1965.

Federal Court Ruling Creates Chaos for North Carolina Primaries But There May Be a Solution

Election Law Society · January 18, 2017 ·

By: Blake Willis

Election litigation has experienced a new spike in recent years, with many states being involved with litigation over redistricting plans, Voter I.D. laws, and other ballot access issues. Since the inception of litigation under the Voting Rights Act of 1965 (VRA), there has been a consistent concern that federal courts should not be involved in determining the policies of voting, re-districting, and other related issues. Cases such as plurality opinion Davis v. Bandemer express such concerns, stating that partisan gerrymandering concerns are not justiciable, and that opening the door for federal courts to examine similar claims may set a dangerous precedent. In Veith v. Jubelirer, Justice Scalia echoed this sentiment, arguing that it is an increasingly difficult task for courts to determine what the predominant factor for drawing a district line may be. The expanding jurisprudence from both partisan and racial gerrymandering cases proves this argument may hold some validity, as evidenced by courts’ disagreement over the correct standard to apply, what the evidentiary standard should be, and who the burden of proof rests upon, as just a few examples. Although this litigation has been ongoing for decades, it is by no means near reaching an end.

Texas: District Court Orders Texas to Re-Write Voter ID Educational Materials, Requires Preclearance Before Publishing Materials

Election Law Society · November 21, 2016 ·

By: Benjamin Daily

In a new development in Texas’ Voter ID saga, U.S District Judge Nelva Gonzales Ramos found that Texas had misled voters and poll workers about the ID requirements to cast a ballot in the November 2016 election. The new order also requires Texas to obtain preclearance before publishing its educational material. The challenge comes after the Fifth Circuit struck down SB14, the Texas Voter ID law, in Veasey v. Abbott, the Texas Voter ID law last July.

It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia

Election Law Society · November 25, 2013 ·

by Student Contributor

On June 25, 2013, the levee finally broke. After earlier hinting that it would, the Supreme Court of the United States struck down the formula for determining which jurisdictions required preclearance under the Voting Rights Act.

Predictably, pandemonium ensued. Some commentators forecasted that states would revert to practices that result in further restrictions on who can vote. An example in Virginia is a new voter ID law that will now go forward unchecked by the Department of Justice thanks to the Court’s decision in Shelby declaring the VRA preclearance formula unconstitutional. [Read more…] about It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia