Monthly Archives: February 2011

The Economist: Is it time to retire Voting Rights Act?

Here.

“WHEN Lyndon Johnson signed the Voting Rights Act of 1965 (VRA) into law, South Carolina’s first congressional district was represented by Mendel Rivers, an ardent segregationist. Its congressman today is Tim Scott, a black Republican, who in the Republican primary defeated the son of Strom Thurmond, a longtime senator from South Carolina who also supported segregation. South Carolina’s governor is Nikki Haley, born Nimrata Nikki Randhawa to Indian Sikh parents.”  Full story at link above.

Thank you to William and Mary

Thanks to everyone who attended my talk today at the law school at William and Mary.  It was a pleasure to be there.  I had a great question afterwards regarding how to conduct discovery in a Voting Rights case, namely how to collect information about the community like I discussed today.  I wish I had the opportunity to address the question to everyone in attendance, but it is important to note that in voting cases, discovery will not be as useful as going to the community and just spending time there and investigating a case.  In other words, boots on the ground yields facts more than discovery will. 

I enjoyed visiting the campus and appreciate the William and Mary
Election Law Society for putting it all together.  Students at William and Mary are lucky to have a group like that and so many educational options regarding learning about election law.

Florida Governor sued over redistricting amendment

Now it gets interesting.  The Florida Governor is being sued for not submitting an amendment for preclearance that was approved by Florida voters in November pertaining to redistricting. 


Former state Sen. Dan Gelber, attorney for the amendment backers, said the Voting Rights Act requires that election changes be submitted for approval “as soon as possible after they become final.”

Actually, this is wrong.  The federal law says no such thing.  Here is the law:

SEC. 5. Whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) 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, 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, 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, [p*343] 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, except that neither 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. 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 of the United States Code and any appeal shall lie to the Supreme Court.