Malcolm Rivera
The Voting Rights Act (VRA) was enacted in 1965 to enforce the Fifteenth Amendment to the US Constitution, which guarantees that the right to vote cannot be denied based on race. The VRA aimed to address the discriminatory voting practices faced by African Americans in the South, including poll taxes, literacy tests, and other bureaucratic restrictions. It also sought to undo the political hold of Jim Crow laws and similar discriminatory structures nationwide. The VRA has been amended over the years to extend protections to members of 'language minority groups' and to address issues such as vote dilution and gerrymandering. While the VRA has been reauthorized multiple times, Supreme Court decisions, such as Shelby County v. Holder in 2013, have limited its application by striking down key provisions like the preclearance requirement.
| Characteristics | Values |
|---|---|
| Year of enactment | 1965 |
| Objective | To enforce the 15th Amendment to the Constitution of the United States |
| Prohibitions | Literacy tests, poll taxes, discriminatory voting practices, voting practices and procedures that discriminate on the basis of race, color, or membership in a language minority group |
| Sections | 2, 4, 5, 10, 11, 12, 208 |
| Amendments | 1975, 1982 |
| Supreme Court cases | South Carolina v. Katzenbach (1966), Bush v. Vera (1996), Chisom v. Roemer (1991), Shelby County v. Holder (2013), Allen v. State Board of Elections (1969), Arkansas State Conference NAACP v. Arkansas Board of Apportionment (2023) |
| Impact | Increase in minority voter turnout, decrease in registration rate disparity between white and black voters, reduction in political violence |
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What You'll Learn
The Fifteenth Amendment
To address these ongoing violations of the Fifteenth Amendment, Congress passed the Voting Rights Act (VRA) in 1965. The VRA was designed to enforce the Fifteenth Amendment by prohibiting discriminatory voting practices and protecting the voting rights of racial minorities. It specifically targeted literacy tests and poll taxes as prerequisites to voting, which had been used to disenfranchise African Americans.
One of the key provisions of the VRA is Section 2, which closely follows the language of the Fifteenth Amendment. Section 2 prohibits any jurisdiction from implementing voting qualifications, prerequisites, practices, or procedures that result in the denial or abridgement of the right to vote based on race or colour, or membership in a language minority group. This section has been interpreted and amended over time, with courts ruling that proof of discriminatory intent is not required to establish a violation.
Another important aspect of the VRA is its preclearance requirement, outlined in Section 5. This provision required certain "covered" jurisdictions with a history of voting discrimination to obtain preclearance from the US Attorney General or a federal court before implementing any changes to their voting laws. The purpose of this requirement was to prevent discriminatory changes to voting procedures and ensure that they were reviewed and approved by a federal authority.
While the VRA has been reauthorized multiple times and has had a significant impact on increasing minority voter turnout, it has also faced legal challenges. In 2013, the Supreme Court ruled in Shelby County v. Holder that the coverage formula used to determine which jurisdictions were subject to preclearance under Section 5 was unconstitutional, effectively eliminating the preclearance requirement for those jurisdictions. This decision led to concerns about the potential for new voting rules that could make it harder for minorities to vote.
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The Twenty-Fourth Amendment
The Voting Rights Act (VRA) of 1965 was enacted to enforce the Fifteenth Amendment to the US Constitution, which guarantees that the right to vote cannot be denied based on race. The VRA aimed to address the widespread violation of Fifteenth Amendment rights in Southern states, where African Americans faced significant obstacles to voting, including poll taxes, literacy tests, and other discriminatory restrictions.
The VRA has undergone modifications and reauthorizations over the years, with a focus on preserving its enforcement while addressing constitutional concerns. One significant change was the replacement of blanket federal oversight with a coverage formula targeting specific jurisdictions, ensuring a more tailored approach. The VRA also includes provisions for voters with disabilities, authorising federal examiners to register qualified citizens, and requiring areas with a history of discrimination to seek preclearance for changes to voting laws.
Section 2 of the VRA is a key component, prohibiting voting practices and procedures that discriminate based on race, colour, or membership in a language minority group. It protects against both intentional discrimination and practices that result in discriminatory outcomes. Section 5, enacted to freeze changes in election practices in covered jurisdictions, has been at the centre of legal battles, with the Supreme Court ruling on its constitutionality in cases like Shelby County v. Holder in 2013.
The VRA has been a target of conservative challenges, and while it has been reauthorized multiple times, recent Supreme Court decisions have limited its application. Despite this, the VRA remains a critical tool in the fight for equal voting rights, ensuring that racial and language minorities can participate in the political system on an equal basis.
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Section 2: Prohibiting Racial Discrimination
Section 2 of the VRA prohibits any form of racial discrimination in voting. This includes any practice or procedure that results in the denial or abridgement of the right to vote on account of race or colour. The text of the Act states that:
> No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color...
This section of the VRA is a direct response to the widespread racial discrimination faced by racial minorities, particularly African Americans, in accessing the vote. It aims to ensure that
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Section 5: Jurisdictional Preclearance
Section 5 of the Voting Rights Act (VRA) deals with the preclearance requirement, which prohibits certain jurisdictions from implementing any change affecting voting without first receiving confirmation from the US Attorney General or the US District Court for the District of Columbia. This confirmation is called preclearance and it requires proof that the proposed voting change does not deny or abridge the right to vote on account of race, colour, or membership in a language minority group.
The preclearance provision was designed to ensure that any changes in "covered jurisdictions" did not discriminate against voters of colour, either in their purpose or in effect. The covered jurisdictions were identified in Section 4(b) by a formula based on electoral conditions in the 1960s and 1970s. This formula considered the presence of a “test or device” that restricted the opportunity to register and vote, and the percentage of registered voters or voter turnout in the 1964 elections. States that met these criteria in their entirety were Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, and Virginia. Certain counties in Arizona, Hawaii, Idaho, and North Carolina were also covered.
In 2013, the US Supreme Court struck down Section 4(b) as unconstitutional, stating that it exceeded Congress's power to enforce the Fourteenth and Fifteenth Amendments. The Court's decision in Shelby County v. Holder meant that the jurisdictions identified by the coverage formula in Section 4(b) were no longer required to seek preclearance for new voting changes unless covered by a separate court order under Section 3(c). The Court did not rule on the constitutionality of Section 5 itself, but the preclearance provision was rendered inoperable until a new formula could be approved by Congress.
The debate surrounding the restoration of Section 5 preclearance centres on the continued need for preclearance and the prevention of discriminatory laws. Arguments in favour of restoration highlight the success of preclearance in increasing minority voter turnout and addressing voting discrimination. On the other hand, opponents argue that there is no evidence justifying the extent of federal power it grants and that other provisions of the VRA, such as Sections 2 and 3, are sufficient for addressing discrimination.
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Section 208: Accessibility for the Elderly and Disabled
The Voting Rights Act (VRA) was enacted by Congress in 1965 to enforce the 15th Amendment to the US Constitution. The VRA has been amended several times to expand voting rights, including for individuals with disabilities.
Section 208 of the VRA, titled "Voting assistance for blind, disabled or illiterate persons," provides for voters who need assistance due to blindness, disability, or inability to read or write. Under Section 208, any such voter may receive assistance from a person of their choice, except for their employer, agent of their employer, or officer/agent of their union. This section applies nationwide and is not subject to any formula to determine legal qualification for assistance.
The inclusion of Section 208 in the VRA acknowledges the intersection of disability rights and voting rights. This provision is particularly important as voters with disabilities have a lower participation rate in elections due to structural barriers, and Black Americans make up a disproportionate percentage of the country's disabled population.
In addition to the VRA, other federal legislation has been enacted to protect the voting rights of individuals with disabilities. For example, the Help America Vote Act (HAVA), passed in 2002, led to the creation of the US Election Assistance Commission (EAC), which works to ensure that the election process, polling places, and voting services are accessible to all eligible voters. The EAC has initiatives such as the Testing and Certification program, which ensures that voting systems meet stringent national standards, and the Accessible Voting Technology Initiative (AVTI), which provides technological and administrative solutions for voters with disabilities.
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Frequently asked questions
The Voting Rights Act (VRA) was enacted to enforce the Fifteenth Amendment to the Constitution of the United States, which guarantees that the right to vote cannot be denied because of race.
The VRA prevents certain discriminatory voting practices, such as literacy tests as a prerequisite to voting, and protects voters' Fifteenth Amendment rights.
The VRA initially protected only racial minorities, but in 1975, Congress extended its protections to members of "language minority groups", including those who speak Spanish, Native American languages, Alaskan Native languages, and Asian languages.
The VRA has been successful in increasing voter turnout among minorities and reducing the incidence of political violence. It has also helped to close the gap in registration rates between white and black voters.
