Because of its limited application, is Section 5 used to “punish” certain states?
Section 5 is not punitive; it prohibits discriminatory changes affecting the right to vote. The Voting Rights Act has no provisions that name particular states or areas. Section 5 is aimed at a type of problem, not a state or region. It is designed to prevent backsliding by states whose discriminatory literacy tests were outlawed by the original act in 1965. Section 4 banned literacy tests in states where they were used to discriminate, but experience showed that when one method of voting discrimination was blocked – either through court action or a new law – another method would suddenly appear as a replacement. Congress therefore included the Section 5 preclearance provision to prevent the implementation of new discriminatory laws. The objections made since 1965 showed the covered jurisdictions have attempted to use gerrymandering and other forms of discrimination to abridge the right to vote. Section 5 has focused on these efforts.
