[EL] DOJ Preclearance Denials under the Reauthorized VRA

Justin Levitt levittj at lls.edu
Mon Jan 30 14:28:25 PST 2012


Actually, though I plead neither a lot of time nor a lot of interns, in 
conjunction with this U.S. Comm'n on Civil Rights hearing 
<http://www.prnewswire.com/news-releases/us-commission-on-civil-rights-announces-briefing-on-redistricting-and-the-2010-census-enforcing-section-5-of-the-voting-rights-act-138312949.html> 
coming up at the end of the week, I've pulled together a list of all of 
the submissions, (formal) requests for more information, and objections 
-- just for calendar year 2011, and just for redistricting 
plans/procedures (or, more accurately, those coded with the word 
"redistricting" on the Weekly Notice that John mentioned).   (So it 
won't include the objections from 2006-2010.)

I'm happy to make it available to those who are interested -- just email 
me off-list.

Justin

On 1/30/2012 1:12 PM, John Tanner wrote:
> Someone with a lot of time or interns can glean that information from 
> the Voting Section's Weekly Notice of Section 5 Activity.  These are 
> archived at 
> http://www.justice.gov/crt/about/vot/notices/votarch.php.    Anyone 
> interested can email section5.notice at usdoj.gov 
> <mailto:section5.notice at usdoj.gov> and get on the list to receive a 
> copy.  They come out more or less every week.
> There also is a room where copies of outstanding requests for more 
> information and requests for submission of unprecleared chanegs (those 
> to which the jurisdiction has not replied) that many of you may have 
> seen at the end of Raiders of the Lost Ark
>
> On Mon, Jan 30, 2012 at 4:00 PM, Chandler Davidson <fcd at rice.edu 
> <mailto:fcd at rice.edu>> wrote:
>
>     John,
>
>     Does DOJ have the data on more info requests?  As you know, these,
>     in their own way, are important, too--especially those requests
>     that are not responded to by the jurisdictions.
>
>     Chandler
>
>     On Jan 30, 2012, at 2:53 PM, John Tanner wrote:
>
>>     there are many others  see
>>     http://www.justice.gov/crt/about/vot/sec_5/obj_activ..php
>>     <http://www.justice.gov/crt/about/vot/sec_5/obj_activ.php>
>>
>>
>>     On Mon, Jan 30, 2012 at 3:41 PM, nathaniel persily
>>     <nate at persily.com <mailto:nate at persily.com>> wrote:
>>
>>         I have been trying to gather together the preclearance
>>         denials issued from DOJ since the VRA has been reauthorized.
>>          I have come up with the following:
>>
>>         1.      Kinston, North Carolina, Move to Nonpartisan
>>         Elections (August 17, 2009)
>>         2.      Lowndes, Georgia, Redistricting Plan (November 30, 2009)
>>         3.      Fairfield County, South Carolina, Addition of
>>         Appointed Positions to Elected School Board of Trustees
>>         (August 16, 2010)
>>         4.      Galveston, Texas, Switch to Combined Districted and
>>         Partially At-Large Elections (October 3, 2011)
>>         5.      East Feliciana Parish, Louisiana, Redistricting Plan
>>         (October 3, 2011)
>>         6.      Amite County, Mississippi, Redistricting Plan
>>         (October 4, 2011)
>>         7.      South Carolina Voter Identification Law (December 23,
>>         2011)
>>         [8.     Texas Redistricting Plans (Brief Filed in D.D.C. on
>>         January 13, 2012) -- not really a preclearance denial, I know]
>>
>>         Of course, this does not include more information requests
>>         and other actions the Department might be taking.  But am I
>>         missing any denials of which listmembers are aware?  (I am
>>         not trying to invite a discussion of the rightness or
>>         wrongness of DOJ behavior; I'm just trying to make sure the
>>         list is accurate.)
>>
>>
>>
>>         Nathaniel Persily
>>         Charles Keller Beekman Professor of Law and
>>             Political Science
>>         Columbia Law School
>>         Jerome Greene Hall
>>         435 West 116th Street
>>         New York, NY 10027
>>         (917) 570-3223 <tel:%28917%29%20570-3223>
>>         nate at persily.com <mailto:nate at persily.com>
>>
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-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321

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