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The Court of Appeals for the Second Circuit held that challenges to majority-vote requirements under Section 2 are not cognizable. [42]:226 After the 2010 census, 150 jurisdictions across 25 states were covered under Section 203(c), including statewide coverage of California, Texas, and Florida. ), League of United Latin American Citizens v. Perry, Northwest Austin Municipal Utility District No.

[14]:96 After Mansfield and Dirksen introduced the bill, 64 additional senators agreed to cosponsor it,[14]:150 with a total 46 Democratic and 20 Republican cosponsors. Black people attempting to vote were often told by election officials that they gotten the date, time or polling place wrong, that the officials were late or absent, that they possessed insufficient literacy skills or had filled out an application incorrectly.

[40], Throughout its history, the coverage formula remained controversial because it singled out certain jurisdictions for scrutiny, most of which were in the Deep South. The jurisdiction must demonstrate that the change does "not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color [or membership in a language minority group]."

[14]:163, To defeat the Voting Rights Act, McCulloch introduced an alternative bill, H.R. TO PASS S. 1564, THE VOTING RIGHTS ACT OF 1965. 7896 Prohibiting the Denial to Any Person of the Right to Register or to Vote Because of his Failure to Pay a Poll Tax or Any Other Such Tax, for the Language of the Committee Amendment", "House Vote #87 in 1965: To Pass H.R. [121]:290 These dual trends caused the two parties to ideologically polarize, with the Democratic Party becoming more liberal and the Republican Party becoming more conservative. [42]:200, 209. Following the 1964 elections, civil rights organizations such as the Southern Christian Leadership Conference (SCLC) and the Student Nonviolent Coordinating Committee (SNCC) pushed for federal action to protect the voting rights of racial minorities. Partially due to Brooks, the constitutionality of the Section 2 results test has since been unanimously upheld by lower courts. Originally set to expire after 10 years, Congress reauthorized Section 203 in 1982 for seven years, expanded and reauthorized it in 1992 for 15 years, and reauthorized it in 2006 for 25 years. [122] Over the subsequent decades, the creation of majority-minority districts to remedy racial vote dilution claims also contributed to these developments. [94]:239 When Congress repealed the federal examiner provision in 2006, Congress amended Section 8 to allow for the assignment of federal observers to jurisdictions that satisfied the same certification criteria that had been used to appoint federal examiners. [14]:168, Congress enacted major amendments to the act in 1970, 1975, 1982, 1992, and 2006. [103]:102 Claims brought under Section 2 have also predominately concerned vote dilution. [144], While Section 2 and Section 5 prohibit jurisdictions from drawing electoral districts that dilute the votes of protected minorities, the Supreme Court has held that in some instances, the Equal Protection Clause of the Fourteenth Amendment prevents jurisdictions from drawing district lines to favor protected minorities. [124] The study estimates that preclearance led to an increase in minority turnout of 17 percentage points. A plurality of the court reasoned that no uniform, non-dilutive "benchmark" size for a governing body exists, making relief under Section 2 impossible. The Arkansas‘s career lasted just 23 days. In Thornburg v. Gingles (1986), the Supreme Court used the term "vote dilution through submergence" to describe claims that a jurisdiction's use of an at-large/multimember election system or gerrymandered redistricting plan diluted minority votes, and it established a legal framework for assessing such claims under Section 2.
[14]:167[38][39] On August 6, President Johnson signed the act into law with King, Rosa Parks, John Lewis, and other civil rights leaders in attendance at the signing ceremony. Thus, while the Court did not invalidate the Section 5 preclearance mechanism in the Voting Rights Act per se, it effectively halted its use by invalidating the formula that determined which jurisdictions were subject to the preclearance obligation, leaving the opportunity for voter suppression tactics to be reintroduced in states that had been previously covered under Section 5 of the VRA. [121]:290 The trends also created competition between the two parties,[121]:290 which Republicans capitalized on by implementing the Southern strategy. [a] Under the Gingles test, plaintiffs must show the existence of three preconditions: The first precondition is known as the "compactness" requirement and concerns whether a majority-minority district can be created. [94]:248 The goal of the federal observer provision is to facilitate minority voter participation by deterring and documenting instances of discriminatory conduct in the election process, such as election officials denying qualified minority persons the right to cast a ballot, intimidation or harassment of voters on election day, or improper vote counting. [42]:207–208 Section 14(c)(2) defines "political subdivision" to mean any county, parish, or "other subdivision of a State which conducts registration for voting. [42]:221, Section 3(c) contains a "bail-in" or "pocket trigger" process by which jurisdictions that fall outside the coverage formula of Section 4(b) may become subject to preclearance. "[146]:916[147]:621 If a court concludes that racial considerations predominated, then the redistricting plan is considered "racially gerrymandered" and must be subjected to strict scrutiny, meaning that the redistricting plan will be upheld as constitutional only if it is narrowly tailored to advance a compelling state interest. © 2020 A&E Television Networks, LLC. Section 203(c) contains a formula that is separate from the Section 4(b) coverage formula, and therefore jurisdictions covered solely by 203(c) are not subject to the act's other special provisions, such as preclearance. [29]:6–9 Relatedly, Section 202 prohibits jurisdictions from imposing any "durational residency requirement" that requires persons to have lived in the jurisdiction for more than 30 days before being eligible to vote in a presidential election. This means that plaintiffs cannot succeed on a submergence claim in jurisdictions where the size of the minority group, despite not being large enough to comprise a majority in a district, is large enough for its members to elect their preferred candidates with the help of "crossover" votes from some members of the majority group.
In Katzenbach v. Morgan (1966), the court upheld the constitutionality of Section 4(e). [43]:26, Several of the amendments responded to judicial rulings with which Congress disagreed.

The committee eventually approved the bill on May 12, but it did not file its committee report until June 1. [b], The Supreme Court provided additional guidance on the "totality of the circumstances" test in Johnson v. De Grandy (1994). [21]:259–261 On February 4, civil rights leader Malcolm X gave a militant speech in Selma in which he said that many African Americans did not support King's nonviolent approach;[21]:262 he later privately said that he wanted to frighten whites into supporting King. [12] After the decision, several states that were fully or partially covered—including Texas, Mississippi, North Carolina, and South Carolina—implemented laws that were previously denied preclearance. On August 6, 1965, President Lyndon Baines Johnson signs the Voting Rights Act, guaranteeing African Americans the right to vote.

[14]:162–164 The Johnson administration viewed H.R. [125][126] A 2016 study in the American Journal of Political Science found "that members of Congress who represented jurisdictions subject to the preclearance requirement were substantially more supportive of civil rights-related legislation than legislators who did not represent covered jurisdictions.

Johnson also told Congress that voting officials, primarily in southern states, had been known to force black voters to “recite the entire constitution or explain the most complex provisions of state laws”–a task most white voters would have been hard-pressed to accomplish. After Johnson signed the act into law, newly enfranchised racial minorities began to vote for liberal Democratic candidates throughout the South, and Southern white conservatives began to switch their party registration from Democrat to Republican en masse. While this increased the elected representation of racial minorities as intended, it also decreased white Democratic representation and increased the representation of Republicans overall. [94]:233 Between 1965 and the Supreme Court's 2013 decision in Shelby County v. Holder to strike down the coverage formula, the attorney general certified 153 local governments across 11 states. 1 v. Holder (2009). The act's "general provisions" provide nationwide protections for voting rights. [103]:105–106 In total, 81 percent (2,541) of preclearance objections made between 1965 and 2006 were based on vote dilution.

"[41] The act's provisions have been colored by numerous judicial interpretations and congressional amendments. "[46]:199–200, 207[110], Until the 2006 amendments to the act,[43]:50 Section 6 allowed the appointment of "federal examiners" to oversee certain jurisdictions' voter registration functions. 52 U.S.C.

Jurisdictions certified to receive federal observers under Section 3(a) are not subject to preclearance.[94]:236–237. The decision thus clarified that Section 2 does not require jurisdictions to maximize the number of majority-minority districts. In Bartlett v. Strickland (2009),[64] the Supreme Court held that the first Gingles precondition can be satisfied only if a district can be drawn in which the minority group comprises a majority of voting-age citizens. Other general provisions specifically outlaw literacy tests and similar devices that were historically used to disenfranchise racial minorities. [83], The act contains several specific prohibitions on conduct that may interfere with a person's ability to cast an effective vote. However, support for H.R. The Supreme Court has not addressed whether such claims may be brought under Section 2, and lower courts have reached different conclusions on the issue. 52 U.S.C. [86][131], Also in Oregon v. Mitchell, the Supreme Court addressed the constitutionality of various other provisions relating to voter qualifications and prerequisites to voting. A jurisdiction is covered by the formula if: As originally enacted, the coverage formula contained only November 1964 triggering dates; subsequent revisions to the law supplemented it with the additional triggering dates of November 1968 and November 1972, which brought more jurisdictions into coverage. Federal examiners were used extensively in the years following the act's enactment, but their importance waned over time; 1983 was the last year that a federal examiner registered a person to vote. [17]:521[21]:285 Additionally, by excluding poll taxes from the definition of "tests or devices", the coverage formula did not reach Texas or Arkansas, mitigating opposition from those two states' influential congressional delegations. Our slogan for this drive was "One Man, One Vote. Dirksen spoke first on the bill's behalf, saying that "legislation is needed if the unequivocal mandate of the Fifteenth Amendment ... is to be enforced and made effective, and if the Declaration of Independence is to be made truly meaningful. [7] Designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution, the act secured the right to vote for racial minorities throughout the country, especially in the South. [94]:238–239, Under the act's original framework, in any jurisdiction certified for federal examiners, the attorney general could additionally require the appointment of "federal observers". In Beer v. United States (1976),[106] the court held that for a voting change to have a prohibited discriminatory effect, it must result in "retrogression" (backsliding).


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