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The Supreme Court’s decision in Shelby County v. Holder, 570 U.S. 529 (2013) held that the coverage formula set forth in Section 4(b) of the Act was unconstitutional, and as a consequence, no jurisdictions are now subject to the coverage formula in Section 4(b) or to Sections 4(f)(4) and 5 of Act. Accordingly, guidance information regarding termination of coverage under Section 4(a) of the Voting Rights Act (i.e., bailout) from certain of the Act’s special provisions is no longer necessary. The information regarding bailout under Section 4(a) and past bailout cases is presented here on this archive page for historical purposes.
Section 4 of the Voting Rights ActWhen Congress enacted the Voting Rights Act of 1965, it determined that racial discrimination in voting had been more prevalent in certain areas of the country. Section 4(a) of the Act established a formula to identify those areas and to provide for more stringent remedies where appropriate. The first of these targeted remedies was a five-year suspension of "a test or device," such as a literacy test as a prerequisite to register to vote. The second was the requirement for review, under Section 5, of any change affecting voting made by a covered area either by the United States District Court for the District of Columbia or by the Attorney General. The third was the ability of the Attorney General to certify that specified jurisdictions also required the appointment of federal examiners. These examiners would prepare and forward lists of persons qualified to vote. The final remedy under the special provisions is the authority of the Attorney General to send federal observers to those jurisdictions that have been certified for federal examiners. Section 4 also contains several other provisions, such as Section 4(e) and Section 4(f), that guarantee the right to register and vote to those with limited English proficiency. Section 4(e) provides that the right to register and vote may not be denied to those individuals who have completed the sixth grade in a public school, such as those in Puerto Rico, where the predominant classroom language is a language other than English. In Section 4(f), the Act addresses the ability of those persons who are members of language minority groups identified in Section 4(f)(2), to register and vote as well as to get information relating to the electoral process in a manner that will ensure their meaningful participation in the electoral process. The formula for coverage under Section 4 of the Voting Rights ActAs enacted in 1965, the first element in the formula was whether, on November 1, 1964, the state or a political subdivision of the state maintained a "test or device" restricting the opportunity to register and vote. The Act's definition of a "test or device" included such requirements as the applicant being able to pass a literacy test, establish that he or she had good moral character, or have another registered voter vouch for his or her qualifications. The second element of the formula would be satisfied if the Director of the Census determined that less than 50 percent of persons of voting age were registered to vote on November 1, 1964, or that less than 50 percent of persons of voting age voted in the presidential election of November 1964. This resulted in the following states becoming, in their entirety, "covered jurisdictions": Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, and Virginia. In addition, certain political subdivisions (usually counties) in four other states (Arizona, Hawaii, Idaho, and North Carolina) were covered. In fully covered states, the state itself and all political subdivisions of the state are subject to the special provisions. In "partially covered" states, the special provisions applied only to the identified counties. Voting changes adopted by or to be implemented in covered political subdivisions, including changes applicable to the state as a whole, are subject to review under Section 5. In 1970, Congress recognized the continuing need for the special provisions of the Act, which were due to expire that year, and renewed them for another five years. It added a second prong to the coverage formula, identical to the original formula except that it referenced November 1968 as the relevant date for the maintenance of a test or device and the levels of voter registration and electoral participation. This addition to the formula resulted in the partial coverage of ten states, including Alaska, Arizona, California, Connecticut, Idaho, Maine, Massachusetts, New Hampshire, New York, and Wyoming. Half of these states (Connecticut, Idaho, Maine, Massachusetts, and Wyoming) filed successful "bailout" lawsuits. In 1975, the Act's special provisions were extended for another seven years, and were broadened to address voting discrimination against members of "language minority groups," which were defined as persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." As before, Congress expanded the coverage formula, based on the presence of tests or devices and levels of voter registration and participation as of November 1972. In addition, the 1965 definition of "test or device" was expanded to include the practice of providing any election information, including ballots, only in English in states or political subdivisions where members of a single language minority constituted more than five percent of the citizens of voting age. This third prong of the coverage formula had the effect of covering Alaska, Arizona, and Texas in their entirety, and parts of California, Florida, Michigan, New York, North Carolina, and South Dakota. In 1982, the coverage formula was extended again, this time for 25 years, but no changes were made to it. In 2006, the coverage formula was again extended for 25 years. Terminating coverage under the Act's special provisionsSection 4 also provides that a jurisdiction may terminate or "bailout" from coverage under the Act's special provisions. Originally enacted in 1965 as a means to remedy any possible over inclusiveness resulting from application of the trigger formula, Congress amended this procedure in 1982 so jurisdictions that meet the statutory standards can obtain relief. The amendment, which took effect on August 5, 1984, establishes an "objective" measure to determine whether the jurisdiction is entitled to "bailout". A jurisdiction seeking to "bailout" must seek a declaratory judgment from a three-judge panel in the United States District Court for the District of Columbia. On June 22, 2009, the Supreme Court held that any jurisdiction currently required to make Section 5 submissions may seek to "bailout" from coverage if it meets the statutory criteria set forth below. The successful "bailout" applicant must demonstrate that during the past ten years:
Before being allowed to "bailout", the jurisdiction must have eliminated those voting procedures and methods of elections that inhibit or dilute equal access to the electoral process. It also must demonstrate that it has made constructive efforts to eliminate intimidation and harassment of persons seeking to register and vote and expand opportunities for voter participation, such as opportunities for registration and voting, and to appoint minority officials throughout the jurisdiction and at all levels of the stages of the electoral process. The jurisdiction must also present evidence of minority electoral participation. In addition, these requirements apply to all governmental units within the geographical boundaries of the jurisdiction. Thus, if a county is seeking to "bailout", it must establish each criteria for every city, town, school district, or other entity within its boundaries. The jurisdiction seeking "bailout" must publicize the intended commencement and any proposed settlement of the action; any aggrieved party may intervene in the litigation. After the granting of a declaratory judgment, the statute requires a ten-year "recapture" period. During this time, the district court may reopen proceedings should the jurisdiction engage in any conduct that would have prevented the jurisdiction from bailing out in the first instance. Under such circumstances, the district court will review the evidence and determine whether to reinstate coverage. The Attorney General is also authorized to consent to an entry of judgment granting the "bailout" if the Attorney General concludes after investigation that the jurisdiction has complied with all of these requirements. Prior to actually filing a petition with the District of Columbia court, any jurisdiction interested in seeking "bailout" may submit a request to the Attorney General with supporting documentation and evidence. Upon receipt, the Voting Section of the Civil Rights Division will undertake an investigation to determine whether the Attorney General would be willing to enter into a consent decree or would oppose the "bailout" petition. If the Attorney General determines that consent to an entry of judgment is proper, the Voting Section will work with the jurisdiction to agree on the terms of the consent decree to be filed with the "bailout" petition when the litigation is actually filed. Jurisdictions currently bailed outThe following jurisdictions were once subject to Section 5 of the Voting Rights Act, but have successfully obtained a declaratory judgment under Section 4 of the Voting Rights Act, and are currently bailed out. The date listed below is the date on which these jurisdictions were granted a declaratory judgment allowing them to bail out. Also included below are some examples of a stipulation of facts and consent decree in several bailout cases. Wake County, North Carolina - January 23, 1967 Curry, McKinley and Otero Counties, New Mexico - July 30, 1976 Towns of Cadwell, Limestone, Ludlow, Nashville, Reed, Woodland, Connor, New Gloucester, Sullivan, Winter Harbor, Chelsea, Sommerville, Carroll, Charleston, Webster, Waldo, Beddington, and Cutler, Maine - September 17, 1976 Choctaw and McCurtain Counties, Oklahoma - May 12, 1978 Campbell County, Wyoming - December 17, 1982 Towns of Amherst, Ayer, Belchertown, Bourne, Harvard, Sandwich, Shirley, Sunderland, and Wrentham, Massachusetts - September 29, 1983 Towns of Groton, Mansfield, and Southbury, Connecticut - June 21, 1984 El Paso County, Colorado - July 30, 1984 Honolulu County, Hawaii - July 31, 1984 Elmore County, Idaho - September 22, 1966; July 31, 1984 City of
Fairfax, Virginia, including the City of Fairfax School Board - October 21, 1997 Frederick County, Virginia, including the Frederick County School Board the Towns of Middletown and Stephens City; and the Frederick
County Shawneeland Sanitary District - September 9, 1999 Shenandoah County, Virginia including the Shenandoah County School Board, the Towns of Edinburg, Mount Jackson, New Market, Strasburg, Toms Brook, and
Woodstock, the Stoney Creek Sanitary District, and the Toms Brook-Maurertown Sanitary District - October 15, 1999 Roanoke County, Virginia, including the Roanoke County School Board and the Town of Vinton -
January 24, 2001 City of Winchester, Virginia - June 1, 2001 City of Harrisonburg, Virginia, including the Harrisonburg City School Board - April 17, 2002 Rockingham
County, Virginia, including the Rockingham County School Board and the Towns of Bridgewater, Broadway, Dayton, Elkton, Grottoes, Mt. Crawford, and Timberville - May 24, 2002 Warren County, Virginia, including
the Warren County School Board and the Town of Front Royal - November 26, 2002 Greene County, Virginia, including the Greene County School Board and the Town of Standardsville - January 19, 2004 Pulaski County, Virginia, including the Pulaski County School Board and the Towns of Pulaski and Dublin - September 27, 2005 Augusta County, Virginia, including the Augusta County School Board and the Town of Craigsville - November 30, 2005 City of Salem, Virginia - July 27, 2006 Botetourt County, Virginia,
including the Botetourt County School Board and the Towns of Buchanan, Fincastle, and Troutville - August 28, 2006 Essex County, Virginia including the Essex County School Board and the Town of Tappahannock -
January 31, 2007 Middlesex County, Virginia, including the Middlesex
County School Board and the Town of Urbanna - January 7, 2008 Amherst County, Virginia, including the Town of Amherst - August 13, 2008 Page County, Virginia, including the Page County School Board and the Towns of Luray, Stanley, and Shenandoah - September 15, 2008 Washington County, Virginia, including the Washington County School Board and the Towns of Abington, Damascus, and Glade Spring - September 23, 2008 Northwest Austin Municipal Utility District Number One, Texas - November 3, 2009 City of Kings Mountain, North Carolina - October 22, 2010 City of Sandy Springs, Georgia - October 26, 2010 Jefferson County Drainage District Number Seven, TX - June 6, 2011 Alta Irrigation District, CA - July 15, 2011 City of Manassas Park, VA - August 3, 2011 Rappahannock County, VA, including the Rappahannock County School Board and the Town of Washington - August
9, 2011 Bedford County, VA, including the Bedford County School Board - August 30, 2011 City of Bedford, VA - August 31, 2011 Culpeper County, VA, including the Culpeper County School Board and the Town of Culpeper - October 3, 2011 James City County, VA - November 9, 2011 City of Williamsburg, VA, including the Williamsburg-James City County School Board - November 28, 2011 King George County, VA, including the King George County School Board - April 5, 2012 Prince William County, VA, including the Prince William County School Board and the Towns of Dumfries, Haymarket, Occoquan, and Quantico - April 10, 2012 City of Pinson, AL - April 20, 2012 Wythe County, VA, including the County School Board and the Towns of Rural Retreat and Wytheville - June 18, 2012 Grayson County, VA, including the County School Board and the Towns of Independence, Fries and Troutdale - July 20, 2012 Merced County, CA, including some 84 other governmental units - August 31, 2012 Craig County, VA, including the Craig County School District and the Town of New Castle - November 29, 2012 Carroll County, VA, including the Carroll County School District and the Town of Hillsville - November 30, 2012 Browns Valley Irrigation District in Yuba County, CA - February 4, 2013 Towns of Antrim, Benton, Boscawen, Millsfield, Newington, Pinkham's Grant, Rindge, Stewartstown, Stratford, and Unity, NH - March 1, 2013 City of Wheatland in Yuba County, CA - April 25, 2013 City of Falls Church, VA and the Falls Church City Public School District - May 29, 2013 What was the purpose of the Voting Rights Act of 1965?The right to vote, regardless of race
led a peaceful civil rights march in Selma, Alabama, President Lyndon B. Johnson announced his intention to pass a federal Voting Rights Act to ensure that no federal, state, or local government could in any way impede people from voting because of their race or ethnicity.
What are three specific consequences caused by the passage of the Voting Rights Act?It contained extensive measures to dismantle Jim Crow segregation and combat racial discrimination. The Voting Rights Act of 1965 removed barriers to black enfranchisement in the South, banning poll taxes, literacy tests, and other measures that effectively prevented African Americans from voting.
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