The Atlanta Lawyer August/September 2015 | Page 12
50th Anniversary of the Voting Rights Act
Voting Rights Amendment
Bills in Congress
By Michael Jablonski
[email protected]
T
he discussion during the Voting Rights Act 50th Anniversary celebration repeatedly referenced two bills
in Congress amending the Voting Rights Act to address deficiencies identified by the Supreme Court in Shelby County v. Holder, 133 S.Ct. 1612 (2013). The panelists
acknowledged that Shelby County did not invalidate either
the preclearance procedure in Section 5 of the act or the
enforcement provision in Section 2. Section 5 requires preclearance of changes in election practices demonstrating
that the changes had no discriminatory purpose or effect. It
applies only to jurisdictions identified by a formula set forth
in Section 4. The Supreme Court found the formula to be
unconstitutional and invited Congress to revise it.
Two bills pending in Congress propose revisions to the
formula.
coverage of any specific political subdivision in which three
or more voting rights violations occurred in 15 previous
calendar years or where one violation occurred during the
previous 15 years and the political subdivision experienced
persistent extremely low minority turnout during that period.
H.R. 885 exempts voter discrimination arising from picture
ID requirements as a trigger to coverage. The bill authorizes
states or their political subdivision to seek a declaratory
judgment that they have not employed any technique to
abridge the right to vote. A federal court retains jurisdiction to
determine how long Section 5 coverage is necessary.
The last action on the bill was assignment by the Judiciary
Committee to the House Subcommittee on Constitution and
Civil Justice on March 16.
Rep. Terri Sewell (AL) introduced H.R.
2867, The Voting Rights Advancement
Act of 2015, on June 24, 2015 with
Rep. Lewis as a co-sponsor. Rep
Johnson added his name the next
day. The bill now has 90 co-sponsors.
The bill wa s introduced in the Senate
as S.1659 by Sen. Patrick Leahy
(VT). There are 31 co-sponsors in the
Senate. H.R. 2867 requires Section
5 preclearance to any state with
15 or more voting rights violations
during the previous 25 years or 10
violations during that period if the
state committed a violation. A specific
political subdivision would be covered
if three or more violations were found
in the previous 25 calendar years. Any jurisdiction found to
have met the triggering requirements would be covered by
Section 5 for ten years.
“It applies only to jurisdictions identified
by a formula set forth in Section 4. The
Supreme Court found the formula to be
unconstitutional and invited Congress to
revise it... Two bills pending in Congress
propose revisions to the formula.”
H.R. 885, The Voting Rights Amendment Act of 2015
was introduced on February 11, 2015 by Rep. James
Sensenbrenner (WI) with Rep. John Lewis and Rep. Hank
Johnson as original co-sponsors. Rep. David Scott signed
on as co-sponsor on April 14, 2015. H.R. 885 revises
requirements for determining that a jurisdiction is covered by
Section 5 if five or more voting rights violations occurred in
the state during the previous 15 years. Voting rights violations
by political subdivisions count towards the total but at least
one violation must be by the state itself. The bill mandates
12 THE ATLANTA LAWYER
August/September 2015
The House Judiciary Committee referred H.R.2867 to the
Subcommittee on Constitution and Civil Justice on July 9.
The Senate version was referred to the Committee on the
Judiciary upon introduction.
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