Arizona Attorney General: Section 5 of Voting Rights Act has “outlived its usefulness”



Since the Section 5 of the Voting Rights Act took effect nearly 50 years ago, the state began offering bilingual ballots, negating one of the reasons the state was originally put under review, Horne said.


 


The law also requires jurisdictions to pre-clear laws and procedures if more than 5 percent of the population isn’t fluent in English. But Horne noted that the method the U.S. Department of Justice uses to determine that is a person’s heritage, not whether he or she can actually speak English. Arizona’s rate by the latter is less than 2 percent, Horne said.  “In the case of Arizona, it absolutely makes no sense to have preclearance any longer.”


 


In a brief filed with the Supreme Court, Horne wrote that “costs associated with Section 5 have only continued to increase while the statute’s benefits have all but vanished.” As a result, it said, affected states “spend millions of dollars and thousands of attorney hours to preclear an ever-expanding array of laws.”  


 


More on the upcoming challenge to Section 5 here.