[EL] Fwd: statutory question relating to Voting Rights Act

[Rick Hasen]

message from Richard Winger.
Note that some people on yahoo, comcast, hotmail, and aol are still not 
receiving list messages.

-------- Original Message --------
Subject: 	statutory question relating to Voting Rights Act
Date: 	Wed, 16 Apr 2014 09:17:00 -0700
From: 	Richard Winger <richardwinger at yahoo.com>
Reply-To: 	Richard Winger <richardwinger at yahoo.com>
To: 	law-election at uci.edu <law-election at uci.edu>
CC: 	rhasen at law.uci.edu <rhasen at law.uci.edu>



The South Carolina legislature passed Senate Bill 2 last year.  It 
changed the method by which a party may decide to switch from primary 
nomination to convention nomination.  The old law said a party can 
switch to a convention system if 75% of its delegates to the appropriate 
party convention vote to make that change.  The new law said a party can 
only switch from primary to convention if the voters at its open primary 
approve such a switch.

Senate Bill 2 was signed into law on June 13, 2013, and it says, "This 
act takes effect upon preclearance approval by the US Dept of Justice or 
approval by a declaratory judgment issued by the US Dist Ct for DC, 
whichever occurs first."

On June 25, 2013, the US Supreme Court issued its opinion in Shelby 
County, Alabama v Holder.

My question is, has Senate Bill 2 gone into effect?  The state thinks 
that the sentence quoted above can be disregarded because of the Shelby 
County opinion.  But, taken literally, the law seems not to be in 
effect, because it hasn't been precleared nor approved by the US Dist Ct 
in D.C.

Due to problems with yahoo, I can no longer receive messages from the 
list, so if you respond, please send a copy of your response directly to 
me at richardwinger at yahoo.com.  Thank you.
Richard Winger
415-922-9779415-922-9779
PO Box 470296, San Francisco Ca 94147
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