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Political Subdivisions May Now Seek Exemption from Section 5 of the Voting Rights Act of 1965 - Supreme Court Keeps Voting Rights Act Intact |
August 7, 2009
On June 22, 2009, the United States Supreme Court (the "Court") held in an 8-1 decision (Justice Thomas dissenting) that all political subdivisions may seek to "bailout" (i.e., qualify for an exemption) from future compliance with election pre-clearance requirements under Section 5 ("Section 5") of the Voting Rights Act of 1965 (the "Act"). Prior to an implementation of a change that could affect voting, Section 5 requires that all political subdivisions in certain states must seek federal pre-clearance of the change from the Justice Department or a federal court.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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