blue bulletWhat is Section 5 of the Voting Rights Act?
Section 5 is a special provision of the statute (42 U.S.C. 1973c) that requires state and local governments in certain parts of the country to get federal approval (known as”preclearance”) before implementing any changes they want to make in their voting procedures: anything from moving a polling place to changing district lines in the county. Under Section 5, a covered state, county or local government entity must demonstrate to federal authorities that the voting change in question (1) does not have a racially discriminatory purpose; and (2) will not make minority voters worse off than they were prior to the change (i.e. the change will not be “retrogressive”). Section 5 applies to all or parts of the following states: • Alabama • Alaska • Arizona • California • Florida • Georgia • Louisiana • Michigan • Mississippi • New Hampshire • New York • North Carolina • South Carolina • South Dakota • Texas • Virginia The detailed list of “covered jurisdictions” is printed in the Code of Fede