Under the Voting Rights Act, jurisdictions with histories of racial discrimination in their political practices may not make any changes affecting voting without advance approval – or preclearance – from the Justice Department or the federal trial court in Washington, D.C. The states and counties subject to preclearance were determined by a formula set out in Section 5 of the law. The Supreme Court declared the formula unconstitutionally outdated in 2013. The 5-4 ruling in Shelby County v. Holder did not strike down Section 5, but without a formula the preclearance requirement is unenforceable.
- news & opinion
- Big Picture
- Business & Democracy
- Pop Culture
Want to write
for The Fulcrum?
If you have something to say about ways to protect or repair our American democracy, we want to hear from you.Submit
Get some Leverage Sign up for The Fulcrum Newsletter