Voting Rights Act 101: Shelby County v. Holder and Section 5

Heritage Foundation -  

 

What is Section 5 of the Voting Rights Act?

• Section 5 was the temporary, emergency provision passed in 1965 that was supposed to expire after five years. In 2006, Congress renewed it for the fourth time—for another 25 years.
• It required certain jurisdictions to get preapproval from the federal government before making any changes in their voting laws, essentially putting those states into the equivalent of federal receivership.
• Covered jurisdictions had the burden of proving their voting change “neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color” or inclusion in a language minority, reversing the usual burden of proof standard (language minority means American Indians, Alaskan natives, and those who speak Spanish or Asian languages).

Problems with Section 5’s Coverage Formula

• Coverage was based on registration or turnout below 50% in the 1964, 1968, or 1972 elections. Congress did not update this coverage formula contained in Section 4 of the VRA when it reauthorized Section 5.   More