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TO UNDERSTANDING THE
VOTING RIGHTS ACT

UNITED STATES, COMMISSION

CLEARINGHOUSE PUBLICATION 84

Introduction

Since passage of the Voting Rights Act of 1965, minority political participation has increased significantly. This increase is primarily due to the act's effectiveness in preventing State and local officials from using voting practices or procedures that discriminate against minorities in purpose or effect. Prior to passage of the Voting Rights Act, the right to vote, guaranteed under the 14th and 15th amendments to the U.S. Constitution, was a right that minorities in many parts of the country seldom freely exercised. In some areas, voting discrimination was blatant and pervasive. Discriminatory use of literacy tests as a precondition to registering or voting, racial gerrymandering, intimidation and harassment, and physical violence commonly were used to prevent minorities from registering and voting. Moreover, when court decisions prohibited the use of one type of discriminatory voting practice, State and local officials then would enact new laws that would be just as effective in preventing minorities from participating in the political process. It was against this background of widespread voting discrimination that the Voting Rights Act of 1965 was passed.

The Voting Rights Act has several provisions. Some are nationwide, permanent provisions that are sometimes referred to as the general provisions. They provide important voting protections. Four key provisions:

• Abolish requirements that a person live in a State or political subdivision for a certain period of time as a precondition to voting for President and Vice President;

• Establish nationwide, uniform standards for absentee registration and voting in Presidential elections;

• Prohibit the use of literacy tests or devices as a precondition to registering or voting in any Federal, State, or local election; and

• Prohibit the use of voting laws, practices, or procedures that discriminate on the basis of race, color, or inclusion in a minority language group covered by the act.

In addition to these provisions, the act also contains general provisions that prohibit State and local officials from interfering in any way with an individual's right to vote. If such interference occurs, the offender will be subject to an injunction, a fine, or imprison

ment.

The Voting Rights Act also contains temporary provisions, commonly referred to as the special provisions. These special provisions are the heart of the act. They are directed at eradicating voting discrimination in areas where it was widespread. The States and political subdivisions to which the special provisions apply had used literacy tests and other types of tests or devices to prevent minorities from registering and voting. Consequently, registration or voter turnout in these jurisdictions was low. These jurisdictions also had a history of circumventing the law by continuously devising new ways to discriminate once the old ways were prohibited by legislation or court decree.

The 1965 act had two special provisions. These are the original special provisions. Jurisdictions covered by them were subject to the following requirements: 1. They had to obtain Federal review of all changes in voting practices or procedures prior to implementing them and prove that these changes did not discriminate against minorities in purpose or effect; and

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