The
Voting Rights Act of 1965 is a landmark piece of national
legislationAn Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of
African AmericanAfrican Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s in the U.S.
Echoing the language of the
15th AmendmentThe Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
, the Act prohibits states from imposing any "voting qualification or prerequisite to voting, or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color." Specifically,
CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
intended the Act to outlaw the practice of requiring otherwise qualified voters to pass
literacy testA literacy test, in the context of United States political history, refers to the government practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level. The federal government first employed literacy tests as part of the immigration process...
s in order to register to vote, a principal means by which Southern states had prevented African-Americans from exercising the franchise. The Act was signed into
lawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
by
PresidentThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Lyndon B. JohnsonLyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
, a
DemocratThe Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, who had earlier signed the landmark
Civil Rights Act of 1964The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
into law.
The Act established extensive federal oversight of elections administration, providing that states with a history of discriminatory voting practices (so-called "covered jurisdictions") could not implement any change affecting voting without first obtaining the approval of the
Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, a process known as preclearance. These enforcement provisions applied to states and political subdivisions (mostly in the
SouthThe Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
) that had used a "device" to limit voting and in which less than 50 percent of the population was registered to vote in 1964. The Act has been renewed and amended by Congress four times, the most recent being a 25-year extension signed into law by President
George W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in 2006.
The Act is widely considered a landmark in civil-rights legislation, though some of its provisions have sparked political controversy. During the debate over the 2006 extension, some
RepublicanThe Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
members of Congress objected to renewing the preclearance requirement (the Act's primary enforcement provision), arguing that it represents an overreach of federal power and places unwarranted bureaucratic demands on Southern states that have long since abandoned the discriminatory practices the Act was meant to eradicate. Conservative legislators also opposed requiring states with large Spanish-speaking populations to provide bilingual ballots. Congress nonetheless voted to extend the Act for twenty-five years with its original enforcement provisions left intact.
Background
The
13th AmendmentThe Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
, ratified in 1865 after the Civil War, abolished and prohibited slavery and secured a minimal degree of citizenship to former slaves. The
14th AmendmentThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, ratified in 1868, granted citizenship to all people “born or naturalized in the United States,” and included the due process and
equal protectionThe Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
clauses. This amendment did not explicitly prohibit vote discrimination on racial grounds.
The
15th AmendmentThe Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
, ratified on February 3, 1870, provided that, "The right of U.S. citizens to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.". Additionally under the Amendment, the
CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
was given the authority to enforce those rights and regulate the voting process. Soon after the end of Reconstruction, starting in the 1870s, Southern Democratic legislators found other means to deny the vote to blacks, through violence, intimidation, and Jim Crow laws. From 1890 to 1908, 10 Southern states wrote new constitutions with provisions that included
literacy testA literacy test, in the context of United States political history, refers to the government practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level. The federal government first employed literacy tests as part of the immigration process...
s,
poll taxA poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
es, and
grandfather clauseGrandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
s that permitted otherwise disqualified voters whose grandfathers voted (thus allowing some white illiterates to vote), some with the aim and effect of re-imposing racially motivated restrictions on the voting process that disfranchised blacks. State provisions applied to all voters and were upheld by the
Supreme CourtThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in early litigation, from 1875 (
United States v. CruikshankUnited States v. Cruikshank, 92 U.S. 542 was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.-Background:On Easter...
) through 1904. During the early 20th century, the Supreme Court began to find such provisions unconstitutional in litigation of cases brought by African Americans and poor whites. States reacted rapidly in devising new legislation to continue disfranchisement of most blacks and many poor whites. Although there were numerous court cases brought to the Supreme Court, through the 1960s, Southern states effectively disfranchised most blacks.
In 1909, the
National Association for the Advancement of Colored PeopleThe National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
(NAACP) was created with the mission to promote blacks' civil rights, including to "secure for them impartial suffrage." The NAACP's success was limited: although they did achieve important judicial rulings by the Supreme Court and some legislative successes, Southern legislators quickly devised alternate ways to keep many southern blacks disfranchised through the early 1960s.
Following the 1964 election, a variety of civil rights organizations banded together to push for the passage of legislation that would ensure black voting rights once and for all. The campaign to bring about federal intervention to prevent discrimination in voting culminated in the voting rights protests in Selma, Alabama, and the famous
Selma to Montgomery marchesThe Selma to Montgomery marches were three marches in 1965 that marked the political and emotional peak of the American civil rights movement. They grew out of the voting rights movement in Selma, Alabama, launched by local African-Americans who formed the Dallas County Voters League...
. Demonstrations also brought out white violence, and Jimmie Lee Jackson, James Reeb, and
Viola LiuzzoViola Fauver Gregg Liuzzo was a Unitarian Universalist civil rights activist from Michigan, who was murdered by Ku Klux Klan members after the 1965 Selma to Montgomery marches in Alabama...
were murdered. President Lyndon B. Johnson, in a dramatic joint-session address, called upon Congress to enact a strong voting rights bill. Johnson's administration drafted a bill intended to enforce the 14th and 15th Amendments, aiming to eliminate various previously legal strategies to prevent blacks and other minorities from voting.
Legislative history
The Act was sent to Congress by President Johnson on March 17, 1965. The bill passed the Senate on May 26, 1965 (after a successful
clotureIn parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
vote on March 23), by a vote of seventy-seven to nineteen. The House was slower to give its approval. After five weeks of debate, it was finally passed on July 9. After differences between the two bills were resolved in conference, the House passed the Conference Report on August 3, the Senate on August 4. On August 6, President Johnson signed the Act into law with
Martin Luther King, Jr.Martin Luther King, Jr. was an American clergyman, activist, and prominent leader in the African-American Civil Rights Movement. He is best known for being an iconic figure in the advancement of civil rights in the United States and around the world, using nonviolent methods following the...
,
Rosa ParksRosa Louise McCauley Parks was an African-American civil rights activist, whom the U.S. Congress called "the first lady of civil rights", and "the mother of the freedom movement"....
, and other civil rights leaders in attendance.
Vote count
The two numbers in each line of this list refer to the number of representatives voting in favor and against the act, respectively.
Senate: 77–19
- Democrats: 47–17 (73%-27%)
- Republicans: 30–2 (94%-6%)
House: 333–85
- Democrats: 221–61 (78%-22%)
- Republicans: 112–24 (82%-18%)
Conference Report:
Senate: 79–18
- Democrats: 49–17 (four Southern Democrats voted in favor: Albert Gore, Sr.
Albert Arnold "Al" Gore, Sr. was an American politician, serving as a U.S. Representative and a U.S. Senator for the Democratic Party from Tennessee....
, Ross BassRoss Bass was an American florist, postmaster, Congressman, and United States Senator from Tennessee.- Background :...
, George SmathersGeorge Armistead Smathers was an American lawyer and politician who represented the state of Florida in the United States Senate for eighteen years, from 1951 until 1969, as a member of the Democratic Party.-Early life:...
and Ralph YarboroughRalph Webster Yarborough was a Texas Democratic politician who served in the United States Senate and was a leader of the progressive or liberal wing of his party in his many races for statewide office...
).
- Republicans: 30–1 (the lone nay was Strom Thurmond
James Strom Thurmond was an American politician who served as a United States Senator. He also ran for the Presidency of the United States in 1948 as the segregationist States Rights Democratic Party candidate, receiving 2.4% of the popular vote and 39 electoral votes...
; John TowerJohn Goodwin Tower was the first Republican United States senator from Texas since Reconstruction. He served from 1961 until his retirement in January 1985, after which time he was the chairman of the Reagan-appointed Tower Commission that investigated the Iran-Contra Affair. He was George H. W...
who did not vote was paired as a nay vote with Eugene McCarthyEugene Joseph "Gene" McCarthy was an American politician, poet, and a long-time member of the United States Congress from Minnesota. He served in the U.S. House of Representatives from 1949 to 1959 and the U.S. Senate from 1959 to 1971.In the 1968 presidential election, McCarthy was the first...
who would have voted in favor.)
House: 328–74
- Democrats: 217–54
- Republicans: 111–20
Section 2
Section 2 contains a general prohibition on voting discrimination, enforced through federal district court litigation. Congress amended this section in 1982, prohibiting any voting practice or procedure that has a discriminatory result. The 1982 amendment provided that proof of intentional discrimination is not required. The provision focused instead on whether the electoral processes are equally accessible to minority voters. This section is permanent and does not require renewal.
On March 9, 2009, the U.S. Supreme Court ruled in
Bartlett v. StricklandBartlett v. Strickland, 556 U.S. 1 , was a case decided by the United States Supreme Court on March 9, 2009. In a plurality decision, the Court held that a minority group must constitute a numerical majority of the voting-age population in an area before §2 of the Voting Rights Act would require...
that the Voting Rights Act does not require governments to draw district lines favorable to minority candidates when the district has minorities as less than half of the population.
Section 5 - Preclearance
Section 5 of the Act requires that the
United States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, through an administrative procedure, or a three-judge panel of the
United States District Court for the District of ColumbiaThe United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, through a
declaratory judgmentA declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
action "preclear" any attempt to change “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting..." in any "covered jurisdiction." The Supreme Court gave a broad interpretation to the words "any voting qualification or prerequisite to voting" in
Allen v. State Board of Election, . A covered jurisdiction that seeks to obtain Section 5 Preclearance, either from the
United States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
or the
United States District Court for the District of ColumbiaThe United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, must demonstrate that a proposed voting change does not have the purpose and will not have the effect of discriminating based on race or color. In some cases, they must also show that the proposed change does not have the purpose or effect of discriminating against a "language minority group." Membership in a language minority group includes "persons who are
American IndianNative Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
,
Asian AmericanAsian Americans are Americans of Asian descent. The U.S. Census Bureau definition of Asians as "Asian” refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Indonesia, Japan,...
, Alaskan Natives or of
Spanish heritageThe demonyms Latino and Latina , are defined in English language dictionaries as:* "a person of Latin-American descent."* "A Latin American."* "A person of Hispanic, especially Latin-American, descent, often one living in the United States."...
." The burden of proof under current Section 5 jurisprudence is on the covered jurisdiction to establish that the proposed change does not have a retrogressive purpose.
Covered jurisdictions may not implement voting changes without federal Preclearance. The Justice Department has 60 days to respond to a request for a voting change. If the Justice Department or federal court rejects a request for Preclearance, the jurisdiction may continue the prior voting practice or may adopt a substitute and seek Preclearance for it. If the jurisdiction implements a voting change before the Justice Department denies Preclearance in contravention of the Act, the jurisdiction must return to the pre-existing practice or enact a different change.
Those states which had less than 50 percent of the voting age population voting in 1960 and/or 1964 were covered in the original act. In addition, some counties and towns that have been found in violation of section 2 have been added. Some cities and counties in Virginia (see below) have since been found no longer to need Preclearance.
The
United States Commission on Civil RightsThe U.S. Commission on Civil Rights is historically a bipartisan, independent commission of the U.S. federal government charged with the responsibility for investigating, reporting on, and making recommendations concerning civil rights issues that face the nation.-Commissioners:The Commission is...
recently reviewed the Justice Department Preclearance record and found that the percentage of DOJ objections to submitted changes has declined markedly throughout the 40-year period of the Act: from 5.5 percent in the first period to 1.2 percent in the second, and to 0.6 percent in the third. Over the last 10 years, the overall objection rate was so low as to be practically negligible, at less than 0.1 percent.
The Commission's two Democratic members dissented from the report, charging that the Commission had "abandon[ed] the field of battle."
In the case
Northwest Austin Municipal Utility District No. 1 v. HolderNorthwest Austin Municipal Utility District No. 1 v. Holder, 557 U.S. ___ , was a decision of the United States Supreme Court regarding Section 5 of the Voting Rights Act, and in particular its requirement that proposed electoral-law changes in certain states must first receive pre-clearance from...
(2009), the Supreme Court ruled that the district should have greater capability of applying for exemption from this section.
Bail out
The term "bail out" refers to the process by which covered jurisdictions may seek exemption from Section 5 coverage. In order to bail out, a covered jurisdiction needs to obtain a declaratory judgment from the District Court for the District of Columbia. Eighteen Virginia jurisdictions not covered by Section 5 Preclearance requirements have successfully "bailed out."
Before August 1984, this process required covered jurisdictions to demonstrate that the voting test that they used immediately before coverage was not used in a discriminatory fashion. The 1982 amendment included two significant changes. First, Congress provided that where a state is covered in its entirety, individual counties in that state may separately bail out. Second, Congress completely redesigned the bailout standard. The post-1984 bailout standard requires that a covered jurisdiction demonstrate nondiscriminatory behavior during the 10 years prior to filing and while the action is pending and that it has taken affirmative steps to improve minority voting opportunities.
On September 22, 2010, the first two jurisdictions outside the state of Virginia -
Kings Mountain, North CarolinaKings Mountain is a small suburban city of Gastonia and Charlotte in Cleveland and Gaston counties, North Carolina, United States. The population was 9,693 at the 2000 census....
, and
Sandy Springs, GeorgiaSandy Springs is a city in north Georgia, United States. It is a northern suburb of Atlanta. With a 2010 population of 93,853, Sandy Springs is the sixth-largest city in the state and the second-largest city in Metro Atlanta. Sandy Springs is located in north Fulton County, Georgia, just south of...
- successfully "bailed out" from Section 5 Preclearance requirements.
Jurisdictions requiring preclearance
The jurisdictions listed below must be precleared (see 28 C.F.R. part 51 appendix):
States
- Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
- Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
- Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
- Georgia
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, except for the city of Sandy SpringsSandy Springs is a city in north Georgia, United States. It is a northern suburb of Atlanta. With a 2010 population of 93,853, Sandy Springs is the sixth-largest city in the state and the second-largest city in Metro Atlanta. Sandy Springs is located in north Fulton County, Georgia, just south of...
- Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
- Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
- South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
- Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
- Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, except for fourteen counties (AmherstAs of the census of 2000, there were 31,894 people, 11,941 households, and 8,645 families residing in the county. The population density was 67 people per square mile . There were 12,958 housing units at an average density of 27 per square mile...
, AugustaAs of the census of 2000, there were 65,615 people, 24,818 households, and 18,911 families residing in the county. The population density was 68 people per square mile . There were 26,738 housing units at an average density of 28 per square mile...
, BotetourtAs of the census of 2000, there were 30,496 people, 11,700 households, and 9,114 families residing in the county. The population density was 56 people per square mile . There were 12,571 housing units at an average density of 23 per square mile...
, EssexAs of the census of 2000, there were 9,989 people, 3,995 households, and 2,740 families residing in the county. The population density was 39 people per square mile . There were 4,926 housing units at an average density of 19 per square mile...
, FrederickFrederick County is a county located in the Commonwealth of Virginia. It is included in the Winchester, Virginia-West Virginia Metropolitan Statistical Area. It was formed in 1743 by the splitting of Orange County. For ten years it was the home of George Washington. As of 2010, the population was...
, GreeneAs of the census of 2000, there are 15,244 people, 5,574 households, and 4,291 families residing in the county. The population density is 97 people per square mile . There are 5,986 housing units at an average density of 38 per square mile...
, MiddlesexAs of the census of 2000, there were 9,932 people, 4,253 households, and 2,913 families residing in the county. The population density was 76 people per square mile . There were 6,362 housing units at an average density of 49 per square mile...
, PageAs of the census of 2000, there were 23,177 people, 9,305 households, and 6,634 families residing in the county. The population density was 74 people per square mile . There were 10,557 housing units at an average density of 34 per square mile...
, PulaskiAs of the census of 2000, there were 35,127 people, 14,643 households, and 10,147 families residing in the county. The population density was 110 people per square mile . There were 16,325 housing units at an average density of 51 per square mile...
, RoanokeRoanoke County is a county located in the U.S. state of the Commonwealth of Virginia. It is part of the Roanoke Metropolitan Statistical Area and located within the Roanoke Region of Virginia. As of the 2000 census, the population was 85,778. As of 2010, the population was 92,376...
, RockinghamAs of the census of 2000, there were 67,725 people, 25,355 households, and 18,889 families residing in the county. The population density was 80 people per square mile . There were 27,328 housing units at an average density of 32 per square mile...
, ShenandoahAs of the census of 2000, there were 35,075 people, 14,296 households, and 10,064 families residing in the county. The population density was 68 people per square mile . There were 16,709 housing units at an average density of 33 per square mile...
, WashingtonAs of the census of 2000, there were 51,103 people, 21,056 households, and 14,949 families residing in the county. The population density was 91 people per square mile . There were 22,985 housing units at an average density of 41 per square mile...
and WarrenAs of the census of 2000, there were 31,584 people, 12,087 households, and 8,521 families residing in the county. The population density was 148 people per square mile . There were 13,299 housing units at an average density of 62 per square mile...
) and four independent cities (FairfaxThe City of Fairfax is an independent city forming an enclave within the confines of Fairfax County, in the Commonwealth of Virginia in the United States. Although politically independent of the surrounding county, the City is nevertheless the county seat....
, HarrisonburgHarrisonburg is an independent city in the Shenandoah Valley region of Virginia in the United States. Its population as of 2010 is 48,914, and at the 2000 census, 40,468. Harrisonburg is the county seat of Rockingham County and the core city of the Harrisonburg, Virginia Metropolitan Statistical...
, SalemSalem is an independent city in Virginia, USA, bordered by the city of Roanoke to the east but otherwise adjacent to Roanoke County. It is part of the Roanoke Metropolitan Statistical Area. The population was 24,802 according to 2010 U.S. Census...
, and WinchesterWinchester is an independent city located in the northwestern portion of the Commonwealth of Virginia in the USA. The city's population was 26,203 according to the 2010 Census...
)
Counties
- California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
: KingsKings County is a county located in the Central Valley of the U.S. state of California. It is located in a rich agricultural region. Kings County is also home to NAS Lemoore, which is the U.S. Navy's newest and largest master jet air station. The county seat is Hanford...
, MercedMerced County , is a county located in the Central Valley of the U.S. state of California, north of Fresno and southeast of San Jose. As of the 2010 census, the population was 255,793, up from 210,554 at the 2000 census. The county seat is Merced...
, MontereyMonterey County is a county located on the Pacific coast of the U.S. state of California, its northwestern section forming the southern half of Monterey Bay. The northern half of the bay is in Santa Cruz County. As of 2010, the population was 415,057. The county seat and largest city is Salinas...
, YubaYuba County is a county located in the U.S. state of California's Central Valley, north of Sacramento, along the Feather River. As of the 2010 census, its population was 72,155. The county seat is Marysville. Yuba County is part of the Greater Sacramento area.-History:Yuba County was one of the...
- Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
: CollierCollier County is a county located in the U.S. state of Florida. As of 2000, the population was 251,377. The U.S. Census Bureau 2007 estimate for the county is 315,839...
, HardeeHardee County is a county located in the U.S. state of Florida. As of 2000, the population was 26,938. The U.S. Census Bureau 2005 estimate for the county is 28,286 . Its county seat is Wauchula, Florida. The county comprises the Wauchula, Florida, Micropolitan Statistical Area.- History :It...
, HendryHendry County is a county located in the U.S. state of Florida. As of 2000, the population was 36,210. The U.S. Census Bureau 2007 estimate for the county is 39,611 . Its county seat is La Belle. The county comprises the Clewiston, Florida, Micropolitan Statistical Area.-History:Hendry County...
, HillsboroughAs of the census of 2000, there were 998,948 people, 391,357 households, and 255,164 families residing in the county. The population density was 951 people per square mile . There were 425,962 housing units at an average density of 405 per square mile...
, MonroeMonroe County is a county located in the state of Florida. As of 2000, the population was 79,589. The U.S. Census Bureau 2006 estimate for the county was 74,737....
- New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
: BronxThe Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
, KingsBrooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
(Brooklyn), New YorkManhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
(Manhattan)
- North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
: Anson-See also:*National Register of Historic Places listings in Anson County, North Carolina-External links:*...
, Beaufort- Law and government :Beaufort County is a member of the Mid-East Commission regional council of governments.Beaufort County is one of the proposed sites for a Navy outlying landing field. This practice airfield would allow pilots to simulate landings on an aircraft carrier...
, Bertie
, Bladen-Demographics:As of the census of 2000, there were 32,278 people, 12,897 households, and 8,937 families residing in the county. The population density was 37 people per square mile . There were 15,316 housing units at an average density of 18 per square mile...
, Camden-Schools:There are five schools in Camden County: Grandy Primary School, Camden Intermediate School, Camden Middle School, Camden County High School, and CamTech High School. However one other former school lies in Shiloh. It was a community school for the Shiloh area. The school is now home to a...
, Caswell-Demographics:As of the census of 2000, there were 23,501 people, 8,670 households, and 6,398 families residing in the county. The population density was 55 people per square mile . There were 9,601 housing units at an average density of 23 per square mile...
, Chowan- Law and government :Chowan County is a member of the Albemarle Commission regional council of government-Demographics:As of the census of 2010, there were 14,793 people, 5,580 households, and 4,006 families residing in the county. The population density was 84 people per square mile . There...
, Cleveland-Demographics:As of the census of 2010, there were 98,078 people, 37,046 households, and 27,006 families residing in the county. The population density was 207 people per square mile . There were 40,317 housing units at an average density of 87 per square mile...
(except for the city of Kings MountainKings Mountain is a small suburban city of Gastonia and Charlotte in Cleveland and Gaston counties, North Carolina, United States. The population was 9,693 at the 2000 census....
), CravenCraven County is a county located in the U.S. state of North Carolina. The estimated population in 2006 was 94,875. Its county seat is New Bern.Craven County is part of the New Bern, North Carolina, Micropolitan Statistical Area.-History:...
, Cumberland-Demographics:As of the census of 2000, there were 302,963 people, 107,358 households, and 77,619 families residing in the county. The population density was 464 people per square mile . There were 118,425 housing units at an average density of 181 per square mile...
, Edgecombe-Demographics:As of the census of 2000, there were 55,606 people, 20,392 households, and 14,804 families residing in the county. The population density was 110 people per square mile . There were 24,002 housing units at an average density of 48 per square mile...
, Franklin-Demographics:As of the census of 2000, there were 47,260 people, 17,843 households, and 12,882 families residing in the county. The population density was 96 people per square mile . There were 20,364 housing units at an average density of 41 per square mile...
, GastonGaston County is a county located just west of Charlotte in the southern Piedmont in the U.S. state of North Carolina. It is the third largest county, by population, in the Charlotte Metropolitan Area, officially designated the Charlotte-Gastonia-Concord Metropolitan Statistical Area . As of...
, GatesGates County is a small rural county located in the U.S. state of North Carolina. As of 2010, the population was 12,197. Its county seat is Gatesville. It is part of the Albemarle Sound area of the Inner Banks...
, Granville-Demographics:As of the census of 2010, there were 59,916 people in 20,628 households residing in the county. The population density was 111.6 people per square mile . There were 22,827 housing units at an average density of 42.5 per square mile...
, Greene-Demographics:As of the census of 2000, there were 18,974 people, 6,696 households, and 4,955 families residing in the county. The population density was 72 people per square mile . There were 7,368 housing units at an average density of 28 per square mile...
, GuilfordGuilford County is a county located in the U.S. state of North Carolina. In 2010, the Census Bureau estimated the county's population to be 491,230. Its seat is Greensboro. Since 1938, an additional county court has been located in High Point, North Carolina, making Guilford one of only a handful...
, Halifax-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:[[Image:HalifaxCountyCotton.wmg.jpg|left|thumb|A cotton field blooms in Halifax County....
, Harnett-Demographics:As of the census of 2000, there were 91,025 people, 33,800 households, and 24,099 families residing in the county. The population density was 153 people per square mile . There were 38,605 housing units at an average density of 65 per square mile...
, Hertford-Townships:The county is divided into six townships:Ahoskie, Como, Harrellsville, Murfreesboro, St. Johns and Winton.-Towns:*Ahoskie*Cofield*Como*Harrellsville*Murfreesboro*Winton-Demographics:...
, Hoke-Demographics:As of the census of 2010, there were 46,952 people, 11,373 households, and 8,745 families residing in the county. The population density was 86 people per square mile . There were 12,518 housing units at an average density of 32 per square mile...
, JacksonJackson County is a county located in the southwest of the U.S. state of North Carolina. As of 2010, the population was 40,271. Since 1913 its county seat has been Sylva, replacing Webster.-History:...
, Lee-Demographics:As of the census of 2000, there were 49,040 people, 18,466 households, and 13,369 families residing in the county. The population density was 191 people per square mile . There were 19,909 housing units at an average density of 77 per square mile...
, Lenoir-Demographics:As of 2005, there were 57,961 people, 23,862 households, and 16,178 families residing in the county. The population density was 149.2 people per square mile . There were 27,940 housing units at an average density of 68 per square mile...
, Martin-Politics:Martin County has tended to vote in line with the rest of the country in presidential elections. In 2008, Barack Obama won the county with 52.2% of the vote. This was very similar to his national figure of 52.91%.-Demographics:...
, NashNash County is a county located in the U.S. state of North Carolina. It is part of the Rocky Mount, North Carolina, Metropolitan Statistical Area. As of 2000, the population was 87,420. Its county seat is Nashville.- History :...
, Northampton-Demographics:As of the census of 2000, there were 22,086 people, 8,691 households, and 5,953 families residing in the county. The population density was 41 people per square mile . There were 10,455 housing units at an average density of 20 per square mile...
, Onslow-Demographics:As of the census of 2000, there were 150,355 people, 48,122 households, and 36,572 families residing in the county. The population density was 196 people per square mile . There were 55,726 housing units at an average density of 73 per square mile...
, Pasquotank-Demographics:As of the census of 2010, there were 40,661 people, 13,907 households, and 9,687 families residing in the county. The population density was 154 people per square mile . There were 14,289 housing units at an average density of 63 per square mile...
, Perquimans-Demographics:As of the census of 2010, there were 13,453 people, 4,645 households, and 3,376 families residing in the county. The population density was 46 people per square mile . There were 6,043 housing units at an average density of 24 per square mile...
, PersonPerson County is a county located in the Piedmont region in north-central North Carolina in the United States. It is part of the Durham-Chapel Hill Metropolitan Area. The population was 39,464 at the 2010 census.The county seat is Roxboro...
, Pitt-Demographics:As of the census of 2000, there were 133,798 people, 52,539 households, and 32,258 families residing in the county. The population density was 205 people per square mile . There were 58,408 housing units at an average density of 90 per square mile...
, RobesonRobeson County is a county in the U.S. state of North Carolina. As of 2010 it had a population of 134,168. Since then, it has been one of the 10% of United States counties that were majority-minority; its combined population of American Indian, African American and Latino residents comprise over...
, RockinghamRockingham County is a county located in the U.S. state of North Carolina. As of 2010, the population was 93,643. Its county seat is Wentworth.- History :The county was formed in 1785 from Guilford County...
, Scotland-Demographics:As of the census of 2000, there were 35,998 people, 13,399 households, and 9,674 families residing in the county. The population density was 113 people per square mile . There were 14,693 housing units at an average density of 46 per square mile...
, Union-Demographics:As of the census of 2000, there were 123,677 people, 43,390 households, and 34,278 families residing in the county. The population density was 194 people per square mile . There were 45,695 housing units at an average density of 72 per square mile...
, Vance-Demographics:As of the census of 2000, there were 42,954 people, 16,199 households, and 11,647 families residing in the county. The population density was 169 people per square mile . There were 18,196 housing units at an average density of 72 per square mile...
, Washington-Demographics:As of the census of 2000, there were 13,723 people, 5,367 households, and 3,907 families residing in the county. The population density was 39 people per square mile . There were 6,174 housing units at an average density of 18 per square mile...
, Wayne- Cities and towns :*Brogden*Dudley*Elroy*Eureka*Fremont*Goldsboro*Mar-Mac*Mount Olive*Pikeville*Rosewood*Seven Springs*Walnut Creek*Grantham-Geography:According to the U.S...
, Wilson-Demographics:As of the census of 2006, there 73,814 people, 28,613 households, and 19,771 families residing in the county. The population density was 199 people per square mile . There were 30,729 housing units at an average density of 83 per square mile...
- South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
: ShannonAs of the census of 2000, there were 12,466 people, 2,785 households, and 2,353 families residing in the county. The population density was 6 people per square mile . There were 3,123 housing units at an average density of 2 per square mile...
, Todd
Townships
- Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
: Clyde Township (Allegan County)Clyde Township is a civil township of Allegan County in the U.S. state of Michigan. The population was 2,104 at the 2000 census.- Communities :...
, Buena Vista TownshipBuena Vista Charter Township is a charter township of Saginaw County in the U.S. state of Michigan. As of the 2000 census, the township population was 10,318...
- New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
: RindgeRindge is a town in Cheshire County, New Hampshire, United States. The population was 6,014 at the 2010 census. Rindge is home to Franklin Pierce University, the Cathedral of the Pines, and part of Annett State Forest.-Native American inhabitants:...
, MillsfieldMillsfield is a township in Coos County, New Hampshire, United States. It is part of the Berlin, NH–VT Micropolitan Statistical Area. The population was 23 at the 2010 census....
, Pinkham's GrantPinkham's Grant is a township located in Coos County, New Hampshire, United States. As of the 2010 census, the grant had a total population of 9....
, StewartstownStewartstown is a town in Coos County, New Hampshire, United States. The population was 1,004 at the 2010 census. It includes the village of West Stewartstown and is part of the Berlin, NH–VT Micropolitan Statistical Area.-History:...
, StratfordStratford is a town located on the Connecticut River in Coos County, New Hampshire, United States. The population was 746 at the 2010 census. Within the town are the villages of North Stratford and Stratford Hollow. U.S...
, BentonBenton is a town in Grafton County, New Hampshire, United States. The population was 364 at the 2010 census. Located in the White Mountains, Benton is largely surrounded by the White Mountain National Forest. The town is crossed by the Appalachian Trail....
, AntrimAntrim is a town in Hillsborough County, New Hampshire, United States. The population was 2,637 at the 2010 census. The primary settlement in the town, where 1,397 people resided at the 2010 census, is defined as the Antrim census-designated place and is located at the intersection of U.S. Route...
, BoscawenBoscawen is a town in Merrimack County, New Hampshire, United States. The population was 3,965 at the 2010 census.-History:The native Pennacook tribe called the area Contoocook, meaning "place of the river near pines." On June 6, 1733, Governor Jonathan Belcher granted it to John Coffin and 90...
, NewingtonNewington is a town in Rockingham County, New Hampshire, United States. The population was 753 at the 2010 census. It is bounded to the west by Great Bay, northwest by Little Bay and northeast by the Piscataqua River. It is home to Portsmouth International Airport at Pease , and to the New...
, UnityUnity is a town in Sullivan County, New Hampshire, United States. The population was 1,671 at the 2010 census. The town includes the villages of Unity, East Unity, Quaker City, and West Unity.- Geography :...
Renewal
Some temporary sections of the Voting Rights Act (none involving the outlawing of poll taxes or literacy tests, which are permanently banned) have been renewed four times and remain in force. These provisions were renewed in 1970, 1975, 1982, and 2006. In the 1982 action,
CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
amended the Act to make some sections (including section 2) permanent while renewing the remainder (including section 5) for 25 years (until July 1, 2007).
In July 2006, 41 years after the Voting Rights Act passed, renewal of the temporary provisions enjoyed bi-partisan support. However, a number of Republican lawmakers acted to amend, delay or defeat renewal of the Act for various reasons. One group of lawmakers led by
GeorgiaGeorgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
congressman
Lynn WestmorelandLynn A. Westmoreland is the U.S. Representative for , serving since 2007. He is a member of the Republican Party. The district stretches from the far southern Atlanta suburbs to the suburbs of Columbus...
came from some preclearance states, and claimed that it was no longer fair to target their states, given the passage of time since 1965 and the changes their states had made to provide fair elections and voting. Another group of 80 legislators supported an amendment offered by
Steve KingSteven Arnold "Steve" King is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district is located in the western part of the state and includes Sioux City and Council Bluffs....
of
IowaIowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, seeking to strip provisions from the Act that required that translators or multilingual ballots be provided for U.S. citizens who do not speak English. The "King letter" said that providing ballots or interpreters in multiple languages is a costly, unfunded mandate.
The bill to renew the Act was passed by the U.S. House of Representatives on July 13 by a vote of 390-33, with support from Republican House leadership, led by
Judiciary CommitteeThe U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
Chairman F. James Sensenbrenner, Jr.. The U.S. Senate passed the bill 98–0 on July 20. President
George W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed the bill in a morning ceremony on the South Lawn of the White House on July 27, 2006, one year in advance of the 2007 expiration date. This extension renewed the Act for another 25 years. The audience included members of the families of slain civil rights leader Dr. Martin Luther King Jr. and
Rosa ParksRosa Louise McCauley Parks was an African-American civil rights activist, whom the U.S. Congress called "the first lady of civil rights", and "the mother of the freedom movement"....
. Also in attendance were the Revs.
Al SharptonAlfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
and
Jesse JacksonJesse Louis Jackson, Sr. is an African-American civil rights activist and Baptist minister. He was a candidate for the Democratic presidential nomination in 1984 and 1988 and served as shadow senator for the District of Columbia from 1991 to 1997. He was the founder of both entities that merged to...
, NAACP Chairman
Julian BondHorace Julian Bond , known as Julian Bond, is an American social activist and leader in the American civil rights movement, politician, professor, and writer. While a student at Morehouse College in Atlanta, Georgia, during the early 1960s, he helped found the Student Nonviolent Coordinating...
and other prominent
African AmericanAfrican Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s.
Preclearance
Some municipalities singled out in the Act for their practices in the 1960s, are still required by law to receive federal permission for certain changes to election law or changes in venue. These nine Southern states and mostly Southern counties have complained that the practices banned by the Act disappeared long ago and further compliance with the mandates of the Act are a costly nuisance and an "unfair stigma" to their towns. As an example of the federal bureaucracy involved, Georgia Rep.
Jack KingstonOne of the counties he represents is Wheeler County.John Heddens "Jack" Kingston is the U.S. Representative for , serving since 1993. He is a member of the Republican Party.- Early life, education and career:...
said, "If you move a polling place from the
BaptistBaptists comprise a group of Christian denominations and churches that subscribe to a doctrine that baptism should be performed only for professing believers , and that it must be done by immersion...
church to the Methodist church, you've got to go through the Justice Department."
Rep.
Lynn WestmorelandLynn A. Westmoreland is the U.S. Representative for , serving since 2007. He is a member of the Republican Party. The district stretches from the far southern Atlanta suburbs to the suburbs of Columbus...
, R-Ga., said:
Some who think that this federal oversight is discriminatory to these particular states have proposed that the oversight be extended to all 50 states or eliminated entirely.
The 2006 extension of the preclearance procedure was challenged in a lawsuit,
Northwest Austin Municipal Utility District No. 1 v. HolderNorthwest Austin Municipal Utility District No. 1 v. Holder, 557 U.S. ___ , was a decision of the United States Supreme Court regarding Section 5 of the Voting Rights Act, and in particular its requirement that proposed electoral-law changes in certain states must first receive pre-clearance from...
, which was argued before the Supreme Court on April 30, 2009. The lawsuit was brought by a municipal water district in Texas, which elects members to a water board. The district does not register voters, nor has it been accused of discrimination. However, it wished to move the voting location from a private home to a public school; the preclearance procedure required it to seek approval from the Justice Department, because Texas is a covered jurisdiction under Section 5. While the Court did not declare preclearance unconstitutional, the decision redefined the law to allow any political subdivision covered by Section 5 to request exemption from federal review.
During the 2010 election cycle, the state of
FloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
passed two redistricting amendments to their state constitution that were aimed at preventing future attempts at gerrymandering. Then-governor
Charlie CristCharles Joseph "Charlie" Crist, Jr. is an American politician who was the 44th Governor of Florida. Prior to his election as governor, Crist previously served as Florida State Senator, Education Commissioner, and Attorney General...
, a supporter of both amendments, submitted a request to the DOJ for preclearance, as required by the VRA. In early 2011, Florida's newly-elected governor Rick Scott, a vocal opponent of these amendments, withdrew the request for preclearance, placing the legal status of the amendments in limbo. In particular, only four of Floridas counties are required to obtain preclearance under the Act, making it unclear what the status of these amendments is in the remaining counties. Proponents of these amendments, both of which passed with greater than 60% voter approval, are accusing Scott's administration of attempting to "thwart the will of the voters", by "abusing their power", and the VRA's preclearance clause, as a means to defeat these amendments despite overwhelming voter support.
Multilingual balloting
The Act requires municipalities that receive requests for ballots in other languages to comply with the request. Rep.
Dana RohrabacherDana Tyron Rohrabacher is the U.S. Representative for , and previously the 45th and 42nd, serving since 1989. He is a member of the Republican Party...
(R-CA) of
CaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
said of the Act, "What unites us? It's our language, the English language," and that the Act is "hurting America by making it easier not to learn English."
Gerrymandering
Some judges and proponents of racially drawn congressional districts have interpreted Section 5 of the Act as requiring racial
gerrymanderingIn the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts...
in order to ensure minority representation. The United States Supreme Court in
Miller v. JohnsonMiller v. Johnson, 515 U.S. 900 , was a United States Supreme Court case concerning "affirmative gerrymandering/racial gerrymandering", where racial minority majority electoral districts are created during redistricting to increase minority Congressional representation.The case was brought to court...
,
515 U.S. 900Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1995), overturned a 1992 Congressional redistricting plan which had created minority majority districts in Georgia as unconstitutional gerrymander. In
Bush v. VeraBush v. Vera, 517 U.S. 952 , was a United States Supreme Court case concerning racial gerrymandering, where racial minority majority-electoral districts were created during Texas' 1990 redistricting to increase minority Congressional representation...
, the Supreme Court, in a plurality opinion, rejected Texas's contention that Section 5 required racially-gerrymandered districts.
No affirmative right to vote
While the title of the Voting Rights Act might imply that it established an explicit right to vote for U.S. citizens to vote in
presidential electionsElections for President and Vice President of the United States are indirect elections in which voters cast ballots for a slate of electors of the U.S. Electoral College, who in turn directly elect the President and Vice President...
, there is no such federal right. In a
Per curiam opinionIn law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively and anonymously...
regarding
Bush v. GoreBush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
, , the Supreme Court noted that, "The individual citizen has no federal constitutional right to vote for electors for the President of the United States," a logical conclusion given the history of the Electoral College. However, the Voting Rights Act and three constitutional amendments that prevent discrimination in granting the franchise have established in Supreme Court jurisprudence that there is a "fundamental right" in the franchise, even though voting remains a state-granted privilege. However, states are given considerable leeway when it comes to this "fundamental right".
External links