VRA

David Baugh Lecture: “Lynching, Literacy Tests, & ID Cards, The Suppression of Minority Voters”

Election Law Society · November 6, 2015 ·

By: Caiti Anderson

As an editor of this blog, I keep a constant eye out for election law events to report. Fortunately (for both the blog and myself), I am exposed to brilliant thinkers and passionate advocates. On October 27^th, I attended David Baugh’s excellent lecture, “Lynching, Literacy Tests & ID Cards: The Suppression of Minority Voters,” hosted by the Wolf Law Library. Mr. Baugh is a Richmond-based criminal trial lawyer dedicated to protecting and defending the Constitutional rights of all. Some of his career highlights include representing members of al-Qaeda and the Ku Klux Klan in high profile civil rights cases. The American Bar Association, Virginia State Bar, and Old Dominion Bar Association have all recognized Mr. Baugh for his fearless advocacy. He lives by the maxim he related during the lecture; “Protect the rights of people whom you don’t agree with, because when you do, you defend the rights of America.”

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

Alabama sidesteps VRA § 5 preclearance status quo: I’ll see you in court

Election Law Society · April 13, 2012 ·

by John Alford

As part of the mandated decennial redistricting, the Alabama legislature will change the lines for the State’s congressional and school board districts. Current and proposed maps can be found here. This redistricting will alter the political landscape of the State, but before Alabama can move forward on redistricting, the Federal Government has to approve of the new map as per the Voting Rights Act § 5 (“VRA”). Under the VRA § 5, there are two paths Alabama can take to get preclearance. It can seek approval through the Justice Department (DOJ) or through the U.S. District Court for the District of Columbia. (For more on the VRA § 5, particularly why and how states like Alabama get preclearance from the Federal Government, see here.) Alabama has opted to take the matter to court.

Like many other covered jurisdictions, Alabama is unhappy with the requirement that the Justice Department (DOJ) keep tabs on its election process. To wit, Shelby County recently filed suit challenging the constitutionality of the preclearance process, so far unsuccessfully (see more about this lawsuit here.) The opinion in Shelby County emanates from the same court from which Alabama is seeking preclearance on redistricting. But the ruling against Shelby County should not alter how the District Court views the issue here. Overturning VRA § 5 would be an extreme political move, essentially declaring that issues of race no longer disrupt the electoral process in states historically notorious for prejudicial practices. Granting preclearance to a redistricting plan, as routinely done in the past, is nowhere near as high a hurdle for Alabama to clear. [Read more…] about Alabama sidesteps VRA § 5 preclearance status quo: I’ll see you in court