In response to a recent Supreme Court ruling in which the court found Section 4 of the Voting Rights Act of 1965 unconstitutional, Attorney General
Eric Holder announced Thursday that the Justice Department is launching a new initiative
in the battle for voting rights. How does this affect Texas state and local
government? The Justice Department is recommending that a federal district
court in San Antonio require Texas (yes us, again) to get federal approval
before putting future redistricting changes in place.
In Holders view, this initiative (with Texas being
the first of many states) will strengthen modern voting protections by cutting down
on what many view as discriminatory practices, such as Texas’ incessant
redistricting and gerrymandering. Attorney General Greg Abbott called the move
"political theater" while Governor Rick Perry responded by calling this the Obama Administration’s attempt to work-around
the Supreme Court’s ruling, and challenged the constitutionality of Holder’s
request.
Now before you get all worked up about the feds pulling
your card (Perry), let’s take a closer look at the Act and the
Supreme Court’s ruling.
Section
4 of the Voting Rights Act of 1965 provides the “coverage formula,” defining
“covered jurisdictions” as states or political subdivisions of the states (nine
states including Texas and other counties) that maintained tests or
devices as prerequisites to voting, and had low voter registration or turnout. In such covered jurisdictions, Section 5 of
the Act provides that no change in voting procedures can take effect until
approved by specified federal authorities.
While The
Supreme Court struck down Section 4, Section 5 of the Act is still in effect,
thus the Federal Government’s enforcement of federal preclearance is still
constitutional. Simply put, Section 4 provides a definition of a state or local
jurisdictions with discriminatory voting practices and patterns.
The elimination of Section 4 renders even more state and local governments
susceptible to preclearance, as hardly any states utilize tests or devices as
prerequisites to voting; however, many have extremely low voter registration and turnout and perceptibly discriminatory practices.
It just so happens that Texas’ voter turnout currently ranks dead last in the nation. Texas’ voting practices have been heavily scrutinized for decades and many deem them as as discriminatory. It was only a matter of time that these
questionable practices would be further examined and possibly regulated. If it were
Atlanta or Alaska who ranked last out of the 51 contiguous states and districts I’m sure
the uproar in Texas would not be so extreme.