While amendments were enacted in 1975 , 1982 , and 2006 extending the coverage formula ’ s duration , the Act itself remained fully intact until 2013 . Prior to the Supreme Court ’ s decision in Shelby County v . Holder 5 in 2013 , only one Georgia jurisdiction had obtained a bailout under Section 5 of the Voting Rights Act when the City of Sandy Springs entered into a Consent Decree in 2010 . The remainder of Georgia was covered under Section 4 , with new voting practices often rejected by the Department of Justice . The Atlanta Journal Constitution noted twelve times since 2000 that the Department of Justice rejected proposed voting changes in Georgia under Section 5 . 6 Under the scrutiny of the preclearance process of the Voting Rights Act , a Harvard Kennedy School study shows “ increased minority voter turnout by as much as 30 percent .” 7
It is then ironic that Alabama would again make history in the journey for the Voting Rights Act in the Shelby decision on June 25 , 2013 . The Supreme Court found key provisions of the Voting Rights Act outdated and invalidated Section 4 and much of Section 5 , while leaving Section 2 intact . Under Shelby , jurisdictions previously identified by the coverage formula in Section 4 ( b ) no longer needed preclearance for new voting changes .
At the time of the Shelby decision , Georgia had two voting changes affected : Fulton County had a redistricting plan under preclearance review and Macon had delays in a consolidated government delayed by the Justice Department . Representative Lewis spoke with the AJC about the Shelby decision at the time , noting that “ We brought about changes , but the act is still needed in many parts of America , and especially in the American South where we had a long history of discrimination ,[…] It may not be that open . It may not be that visible . But by making this decision , we could go back . … It is frightening .” 8 Indeed , the impacts of the Shelby decision continue to affect Georgia voters as the burden is now on the citizens under Section 2 of the Voting Rights Act to show the discriminatory effects of voting changes , rather than on the government in jurisdictions with patterns of discrimination to show how proposed changes do not disproportionately affect minority voters .
In response to several States making new voting changes throughout the United States after Shelby , the House of Representatives , passed H . R . 4 ( formerly referred to as the “ Voting Rights Advancement Act ” and now renamed after Representative Lewis ’ s passing to the “ John Lewis Voting Rights Advancement Act ”) on July 27 , 2020 . H . R . 4 proposes to create a new coverage formula that applies to all States based upon a 25 year look back period with those jurisdictions without discriminatory voting practices as further defined in the Bill in the last ten years qualifying to bailout . The Act additionally proposes a process for reviewing changes in voting to a limited set of measures ( e . g ., voter ID law or the number of multilingual voting materials ). 9
Representative Lewis wrote in his 2017 memoir , " Freedom is not a state ; it is an act . It is not some enchanted garden perched high on a distant plateau where we can finally sit down and rest . Freedom is the continuous action we all must take , and each generation must do its part to create an even more fair , more just society .” 10 As the Atlanta Bar , we can continue to do our part to ensure a fair , more just society .
To help prepare attorneys for the election , our respective Bar Associations are presenting diverse Continuing Legal Education Programs . The Atlanta Bar presented a virtual CLE “ Just Mercy and Access to Justice , Part 2 : What Can I Do to Help Confront Systemic Racism ?” on September 18 , 2020 , with a roundtable discussion on unconscious bias , strategies to do justice , and how increasing our pro bono presence as attorneys can make an impact . Another opportunity to learn about modern voting rights was hosted by the Georgia Bar in a virtual CLE called “ We the People Have the Right to Vote : Yesterday , Today and Tomorrow ,” held on September 21 , 2020 . The diverse presenters took an informed
IN THE PROFESSION
and in-depth look into voting rights in the present day via Zoom .
Attending CLE presentations is just one step . As attorneys , we are used to using our voices to advocate for our clients . We can also use our voices to advocate for participation in the vote this election season .
NonprofitVOTE . org , a 501 ( c )( 3 ) nonprofit organization , encourages using daily interactions with your community to simply remind people you come into contact with about the election . You can also create visibility with posters and displays in other public areas to help encourage voting rights in Georgia This could be as simple as leaving voter registration applications in your lobby , or using your social media platform to remind your followers on how to register to vote and find their voting precinct . The American Bar Association also encourages attorneys to help support the vote as we are “ well equipped to educate .” 12 For example , I have elected to close Swilling Family Law Firm , LLC on November 3 , 2020 as a paid holiday for staff with the charge to myself and request from my staff to find a meaningful way to contribute to the vote on Election Day .
Alternatively , you can volunteer . The Georgia Secretary of State ’ s Office is partnering with Chambers of Commerce , the ACLU , and other community organizations to recruit younger , less-at-risk populations to serve as poll workers . The goal is to ensure that all polls have enough staff to function . Many prior workers , who are age 65 or older and are more vulnerable to COVID-19 / Coronavirus , may not serve during this election . The Secretary ’ s Office is partnering with various Chambers of Commerce , the ACLU , and other community organizations to recruit poll workers , including attorneys .
Another volunteer option is Election Protection ’ s We the Action , which connects attorneys with voter assistance call centers to answer voters ’ questions and respond to
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www . atlantabar . org THE ATLANTA LAWYER 15