Voting Rights Act and Pre-Clearance

Voting rights act and pre-clearance Students Name Instructor Institution Course Date Voting rights act and pre-clearance The voting rights act (VRA) was signed Into law on August 6 1965 by president Johnson to ensure everyone had an equal right to determine how the country is governed .The right of citizens to participate in government is an important feature of democracyand over the centuries many have fought to aquire and defend this right (Krutz et al.2019)[1] .The act seeks

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Voting rights act and pre-clearance
Students Name
Instructor
Institution
Course
Date

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Voting rights act and pre-clearance
The voting rights act (VRA) was signed Into law on August 6 1965 by president Johnson
to ensure everyone had an equal right to determine how the country is governed .The right of
citizens to participate in government is an important feature of democracy and over the centuries
many have fought to aquire and defend this right (Krutz et al.2019)1 . The act seeks to safeguard
minority voters from language or racial based discrimination. Over the years the Vra has been
under constant criticism from individuals groups who believe that it is outdated and that the
purpose for which it was enacted is now catered for under various other legislation that protects
the rights of minority groups and basic human rights. Truth is, the Vra was enacted into law for
the sole purpose of looking out for the rights of the minority groups in regards to the electoral
process and should therefore not be interchangeably used with other legislation it should be left
as it is to serve its intended purpose. This paper will seek to defend the continued use of "pre-
clearance" as a cautionary measure in covered jurisdictions
1.
Section 5 of the voting rights act requires any covered jurisdiction to seek
directions from the federal government on any amendment it seeks to make to its voting
laws and requirements such as voter id, polling place procedure vote counting, and voter
registration requirements. The covered jurisdictions were singled out based on uniquely
specific measures like low voter registration within minority communities. Covered
jurisdictions are obligated to submit any amendments they wish to have made to either
1 Krutz,et.al. "American Government 2e." (2019).

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the department of justice's civil rights division or the federal court for "pre-clearance."
Going through federal courts takes longer, so most jurisdictions chose to go the
Department of justice way. Covered jurisdictions include partially or wholly the

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following states, New Hampshire, New York, North Carolina, South Carolina,
South Dakota, Texas, and Virginia. Mississippi, Alabama, California, Florida, Georgia,
Michigan, and Arizona.
2.
Proponents of the Vra strongluy believe that the draft seeks to protect the rights of
minority voters from transgression by the state and local jurisdiction who would seek to
unduly change election regulations and practices. While opposers of the Vra the
legistlation as a threat to the sovereighnity of the state by the federal govern ment through
which any changes must be passed through for approval. Opposers of pre clearance also
argue that it has out lived by usefulness and as it is does nothing more that give the
minorities an undue sense of entitlement. A sentiment which proponents view as
retrogressive for the bill was set to serve the single purpose of protecting the minorities
from discrimination based on race or language.
In 2011 the state of Texas would have passed a law that required one to have
either, a state issued identification, rivers license or concealed weapon permit in order for
them to vote. This was in disregard of the fact that there were at the time over 75,000
registered voters who did not have any of the required documents. those who support Vra
believe that in voting you go for the candidate who you feel is best suited to address your
day to day issues like job availability and security, Representative democracy cannot
work effectively without the participation of informed citizens, however. Engaged
citizens familiarize themselves with the most important issues confronting the country
and with the plans different candidates have for
dealing with those issues.(Krutz.et.al.2019)

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3.
It is of utmost importance for the federal government to have the power of ” pre-
clearance" By exploiting the use of a federally imposed threshold for how
Section 5 coverage was applied in North Carolina, it is estimated , the effect
of coverage using a difference-in-differences design, that Section 5 coverage
increased black voter registration by 14–19 percentage points (Fresh
Adriane 2019)2 . In the 2012 election, Romney got the 70% of voters that identified as
white by 59%-39%, Obama got the 13% of voters who identified as African American
93% to 6%; the 10% of voters who classified as Latinos, voted 71% to 27% for Obama;
and the 3% given the statistics it is clear to see voting is done along racial lines and any
amendment done without" pre-clearance" would give candidates of a particular race
undue advantage.
Under handed tactics camouflaged as laws has often been used in elections. While
voter suppression is an issue that many believe has been eradicated ,Civil rights leaders
contend that a tangle of republican backed voter suppression laws enacted since 2010
helped tip the scales for Donald trump in some closely contested states on election
night(Murillo.M.2017)3 As recently as 2018 in Georgia 53,000 registering voters about
70% of whom were African American were placed in what was infamously referred to as
"pending status " due to minor spelling mistakes on their registration forms. Again in this
very same year, a polling location in a predominantly black community in Shelby
2 Fresh, Adriane. "The Effect of the Voting Rights Act on Enfranchisement: Evidence from North
Carolina." The Journal of Politics 80, no. 2 (2018): 713-718.
3 Murillo, Matthew. "Did Voter Suppression Win President Trump the Election: The Decimation of the
Voting Rights Act and the Importance of Section 5." USFL Rev. 51 (2017): 591.

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Tennessee had closed and the nearest polling location was over a half-hour away and set
in a predominantly white community, as a result, there was massive voter apathy from the
black community. Before the 2016 election cycle, former secretary of state brian kemp
gave out a training document describing how they would consolidate and even close
down polling places without having to pre-clear with the department of justice this would
negatively affect minority voters in the affected voter precincts
4.
The U.S. Supreme Court’s Decision that found Section 4(b) of the Voting Rights
Act unconstitutional effectively clips the powers of the to intervene in instances of voter
discrimination. Alabama, Alaska, Arizona, California, Florida, Georgia, Louisiana,
Michigan, Mississippi essentially goes against all gains made over the decades since
1965. In support of my stand on the Vra, I would work with other proponents of the
legislation to provide civic education to the minority voter communities and sensitize
them on the importance of the bill in safeguarding their rights as voters. I would work
with local leaders in minority communities to create a platform through which cases of
active voter discrimination can be reported and handed over to the relevant authorities for
investigation and if need be litigation
In conclusion, the VRA embodies every aspect of a democratic and just society and
should be safeguarded at all costs if we are to protect the rights and freedoms that are
enshrined in our constitution. Arbitrary changes to voting laws and procedures are always
as has been seen over time retrogressive and sinister means to an end, that is voter
suppression. Federal courts and the department of justice ought to treat any petition

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brought before them with the skepticism it deserves, these two institutions owe it to the
people to ensure that gains made on the civil and human rights front were not in vain
Bibliography
Krutz, Glen, Sylvie Waskiewicz, Joel Webb, Shawn Williams, Rhonda Wrzenski, Tonya Neaves,
Adam Newmark, et al. "American Government 2e." (2019).
Fresh, Adriane. "The Effect of the Voting Rights Act on Enfranchisement: Evidence from North
Carolina." The Journal of Politics 80, no. 2 (2018): 713-718.
Murillo, Matthew. "Did Voter Suppression Win President Trump the Election: The Decimation
of the Voting Rights Act and the Importance of Section 5." USFL Rev. 51 (2017): 591.