How does pre-clearance under Section 5 work?
A covered jurisdiction that wants to change laws and practices affecting voting is required to submit the change along with a letter explaining the change to the Department of Justice. The jurisdiction must demonstrate that the change does “not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color [or membership in a language minority group].” Citizens may submit comments to the Department of Justice on how the proposed change will affect their community. Within 60 days, the department responds either by approving or “preclearing” the change or by objecting to it. An objection bars the jurisdiction from implementing the proposed change. If an objection is issued and a jurisdiction wishes to appeal, the jurisdiction may seek preclearance through the D.C. District Court. The jurisdiction may alternatively preclear its changes through a lawsuit in the D.C. District Court.
