Explaining Sections 2 and 5
of the Voting Rights Act

The Voting Rights Act of 1965 was an historic piece of legislation that protected African American citizens’Äô right to register and vote. This Act of Congress prevented states (mainly southern) from continuing or implementing discriminatory tactics aimed at preventing African Americans fair opportunities to participate in the voting process. As a result of the Act, the national government has intervened in areas where the right to vote of African Americans ’Äì and in the wake of amendments, other racial and ethnic minority groups such as Latinos, Native Americans and Asian Pacific Americans ’Äì has been infringed.

Section 2 and Section 5 of the Voting Rights Act are of particular importance. Section 2 prohibits laws and practices that dilute the effectiveness of votes cast by racial and ethnic minorities. In particular, Section 2 prevents states and municipalities from engaging in practices designed to make it difficult for racial minorities to elect candidates of their choice. It is enforceable nationwide, empowering both the Department of Justice and citizens to sue jurisdictions for unfair practices anywhere in the nation. Those challenging a jurisdiction under Section 2 must prove that members of the racial minority generally vote for the same candidates and that the majority community generally opposes those candidates. Given that single-member districts have been the typical remedy in Section 2 challenges, success also has required evidence that a reasonably compact single-member district can be drawn in which the racial minority has a large enough share of the vote to elect a representative of its choice. It is enough to show that the challenged practice or policy has the effect of diluting minority votes; there is no need to demonstrate an intent to discriminate, although doing so strengthens the lawsuit.

To know whether a Section 2 challenge may be worth exploring in your area see ’ÄúHow Effective Is Your Election System?’Äù in the Appendix.

Section 5 of the Voting Rights Act requires certain areas of the country to obtain ’Äúpreclearance’Äù from the US Attorney General or the U.S. District Court for the District of Columbia for any changes with reference to voting. These areas are known as ’Äúcovered jurisdictions.’Äù Thus, any ’Äúcovered jurisdiction’Äù must obtain approval before any new electoral statutes are enacted or any new electoral practices administered. Section 5 is necessary because the effect of a proposed change may be to weaken the voting strength of minority voters. For example, a change from district/ward elections to an at-large election could reflect the intent of the governing body to make it difficult for minorities to get elected. Other electoral changes that might reflect discriminatory intent include changes in district lines, in the number of candidates to be elected and in location of polling places. All of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia and some parts of California, Florida, Michigan, New Hampshire, New York, North Carolina and South Dakota are covered by Section 5; changes in these jurisdictions thus are subject to preclearance.

In 1975 the Voting Rights Act was amended to include rights for language minorities. These amendments mandate bilingual ballots and oral assistance to those who speak Spanish, Chinese, Japanese, Korean and Native American languages.

What Recourse Do Minority Voting Rights Advocates Have?

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