The Voting Rights Act of 1965 is the foundational federal law prohibiting states and jurisdictions from denying or abridging the right to vote on account of race or color. It eliminated literacy tests that Southern states had used to bar Black voters and authorized federal examiners to register voters in counties that discriminated.
Section 2 of the act bans any voting practice or procedure that discriminates on the basis of race or color. Section 5, enacted in 1970, required jurisdictions with histories of discrimination to obtain federal "preclearance" before changing any aspect of their voting rules—from polling locations to voter ID requirements to congressional districts. This requirement forced states to prove voting changes wouldn't harm minority voting rights. For nearly 50 years, preclearance prevented discriminatory changes that would have slipped through without federal scrutiny.
In Shelby County v. Holder (2013), the Supreme Court invalidated the coverage formula that determined which jurisdictions needed preclearance, gutting the act's enforcement mechanism overnight. States immediately enacted voter ID laws, reduced early voting, purged voter rolls, and closed polling places in minority neighborhoods. The John Lewis Voting Rights Advancement Act, pending in Congress, seeks to restore preclearance with an updated coverage formula based on recent voting discrimination.
The Voting Rights Act enforces the 15th Amendment's promise that race cannot be a barrier to voting. Without federal oversight, states return to suppression tactics. Restoring preclearance is the central voting rights battle of this generation.
People often think the VRA guarantees voting access. Actually, it requires jurisdictions to prove voting changes won't discriminate—a reactive tool. Restoring its punch requires Congress to update the enforcement formula.
The Voting Rights Act enforces the 15th Amendment's promise that race cannot be a barrier to voting. Without federal oversight, states return to suppression tactics. Restoring preclearance is the central voting rights battle of this generation.
People often think the VRA guarantees voting access. Actually, it requires jurisdictions to prove voting changes won't discriminate—a reactive tool. Restoring its punch requires Congress to update the enforcement formula.