19.

Voting Rights Act of 1965—History and Overview

The Voting Rights Act, 42 U.S.C. §§ 1973 to 1973bb-1, was enacted in 1965 to end the whites-only electoral system followed by much of the South. Because the remedies provided by earlier civil rights acts (in 1957, 1960, and 1964) and the organizing work of the civil rights movement had been unable to open the franchise to blacks in many areas of the South, Congress enacted the stern and innovative new law. Prior to the Voting Rights Act, blacks were prevented from registering to vote through abuses of the voter registration process (including literacy tests), violence and threats of violence, and economic coercion. The poll tax and white primaries further limited black participation. The Voting Rights Act banned the use of literacy tests and other tests and devices that had been misapplied (Section 4), authorized federal registration of voters where local registrars would not open voter registration to blacks (Section 6), authorized the appointment of federal observers to monitor polling place activities on election day to assure that the newly enfranchised blacks would be permitted to vote and that their votes would be counted (Section 8), and allowed new laws affecting voting to be implemented only if they were proven not to have a discriminatory purpose or effect (Section 5). By means of a formula set out in the Act, these special provisions applied (initially for a five-year period) to areas with a record of discrimination (Section 4), while general anti-discrimination provisions applied to the nation as a whole. Amendments to the Act in 1970, 1975, 1982, and 1992, applied the ban on tests and devices nationwide and made it permanent; extended the special provisions to 2007; added minority language requirements (also due to expire in 2007) to the Act; and strengthened the general nondiscrimination provision of the Voting Rights Act (Section 2) to clarify that it bans practices that have a discriminatory result as well as those that have a discriminatory purpose. The Voting Rights Act of 1965, Section 2, 42 U.S.C. § 1973, provides as follows: 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, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, as provided in subsection (b) of this section. (b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. The Voting Rights Act of 1965, Section 5, 42 U.S.C. § 1973c provides as follows: Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the first sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this t itle based upon determinations made under the third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submi ssion, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court. [cited in USAM 8-2.272]