U.S. District Court in Alabama Makes Rare Use of Section 3 of the Voting Rights Act
Source: Ballot Access News
The most obscure part of the federal Voting Rights Act is Section 3, which says that if a jurisdiction persistently demonstrates a disregard of voting rights for ethnic and racial minorities, it is subject to pre-clearance from the U.S. Justice Department. This section applies to the entire nation, but has almost never been used, because between 1965 and 2013, such jurisdictions were virtually always also required to obtain pre-clearance under Section 5.
On January 13, 2014, a U.S. District Court in Alabama used Section 3 to require the city of Evergreen to obtain approval from the Justice Department, if it makes changes to the voting rolls and also if it makes redistricting changes in its city council elections. The city had been placed under Section 5 in 2012. But in 2013, the U.S. Supreme Court made enforcement of Section 5 impossible, because the Court invalidated Section 4, which is linked to Section 5 and contains the formula to determine which parts of the nation are under Section 5.
The decision is Allen v City of Evergreen, southern district, 13-0107.
Read more: http://www.ballot-access.org/2014/01/u-s-district-court-in-alabama-makes-rare-use-of-section-3-of-the-voting-rights-act/
Gothmog
(145,619 posts)Both the DOJ and the private plaintiffs are seeking to cause Texas to be subject to Section 3 of the Voting Rights Act in the both the Texas redistricting case and the voter id case. There is very little law on Section 3 because the DOJ normally relied on Section 5 of the VRA.
To some degree the courts may be responding to the damage done by the SCOTUS' ruling on Section 5 of the VRA
Dustlawyer
(10,497 posts)Gothmog
(145,619 posts)It appears that this city had committed so many violations that it decided to consent to being "bailed in".
Texas and North Carolina are fighting the bail in remedy and this case shows that the "bail in" remedy can be imposed by the Courts. If the DOJ and/or the private plaintiffs win, the entire states of Texas and North Carolina will be subject to the pre-clearance requirements of the Voting Rights Act
Dustlawyer
(10,497 posts)Cha
(297,723 posts)SunSeeker
(51,726 posts)Now we have to call them racists. So be it.
Gothmog
(145,619 posts)In the case of Texas it is difficult to not call the Texas GOP a bunch of racists.
Gothmog
(145,619 posts)WASHINGTON A federal judge in Alabama on Monday reinstated federal oversight over the voting practices of a city there, in what election law specialists said was the first such move since the Supreme Court struck down part of the Voting Rights Act in June.
Judge Callie V. S. Granade, of Federal District Court in Mobile, used a mechanism in the law that the Supreme Court had left untouched, Section 3, which allows jurisdictions that have intentionally discriminated against minority voters to be bailed in to the oversight requirements.
Relying on Section 3, Judge Granade ordered the city, Evergreen, to submit some changes in voting procedures to the Department of Justice or a federal court for review before they can go into effect.
This is a major win for the people of Evergreen, said John K. Tanner, a lawyer for the plaintiffs and a former chief of the Justice Departments voting section. But he added that piecemeal litigation under Section 3 was no substitute for a general requirement that states and localities designated by Congress be subject to federal oversight.
okaawhatever
(9,462 posts)DemoTex
(25,405 posts)Slowly it turns.
Recursion
(56,582 posts)4 & 5 basically said that a state's condition in 1962 determines its current liability. Getting rid of that actually lets DOJ proceed more broadly (eg, against Ohio, if needs be...) But, then, it becomes a tedious "one at a time" process, which has problems.
Gothmog
(145,619 posts)In June, the U.S. Supreme Court effectively eliminated federal oversight of voting rights, at least temporarily. States and cities wasted no time in using the ruling to revive their most restrictive, discriminatory laws. But while the ruling neutered the efficacy of one key section of the Act, Section 5, U.S. Attorney General Eric Holder acted swiftly to bring some jurisdictions back under the federal umbrella using another section that didnt get much play before, Section 3.
On Monday, a federal judge used that section to order Evergreen, Ala., officials to clear several changes with the Department of Justice before they go into effect, in what may be the first instance of revived federal preclearance after the Supreme Courts 2013 decision.
The Supreme Courts ruling in June invalidated the formula that determined which jurisdictions have a history of voting laws that disfavor minorities, and were thus subject to federal preclearance of any changes to their voting laws. That means that, while preclearance is still permissible, Congress would have to come up with a new formula for the key preclearance prong, Section 5, to have effect. But under Section 3, which was rarely used prior to the high courts June decision, the Department of Justice can move to individually bring jurisdictions back under federal preclearance through what is known as a bail-in if it determines that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred.
Texas and North Carolina are fighting this remedy. I am hopeful that the DOJ will be successful in both the Texas and North Carolina cases