From the postings on this list, it seems as though some might assert that Section 5 is no longer needed because of a drop in Justice Department objections to state and local election practices in recent years. Even with Bossier II’s weakening of the Voting Rights Act, however, the law still plays an important role in preventing discrimination in voting. Each of the approximately 10 objections per year may protect thousands of voters. The number of objections may also be deflated because localities and states often withdraw their submitted changes when it appears that the Justice Department suspects the change harms minority voters (rather than risk objection).
Perhaps Section 5's most important contribution, however, is the deterrence of discriminatory behavior. When state and local officials in areas covered by Section 5 debate a voting change, they know federal officials will eventually review any proposal. As a result, they often consider racial impact and design proposed changes so that they do not worsen the position of racial minorities. As Justice Department Attorney Michael Pitts has written:
"Having literally looked at hundreds of redistrictings submitted to the Attorney General, I can attest to the fact that the documents provided by local officials, whether it be meeting minutes or descriptions of redistricting criteria, amply demonstrate that local officials and their demographers are acutely cognizant of the standards for preclearance and typically try to steer very clear of anything that would raise concerns with the Attorney General."
Absent Section 5, politicians would adopt districting plans or other election laws with less regard for their impact on voters of color. For example, as Morgan Kousser has written on this listserve, following unprecedented mid-decade redistricting of 2003, Republicans increased their share of the 32-member Texas congressional delegation from about 50% to 66%. State Representative Phil King, head of the Texas House Redistricting Committee in 2003, testified that but for Section 5 preclearance, he woul have tried to split all African American and Latino communities into different districts and create a plan that gave Republicans 100% of Texas’s congressional seats.
In today’s environment of career politicians, partisan and incumbent focused gerrymandering, and the desire to win at any cost, the Section 5 preclearance process remains important.
Professor Spencer Overton
The George Washington University Law School
2000 H Street, NW, Washington, DC 20052
(202)994-9794
soverton@law.gwu.edu
http://www.law.gwu.edu/facweb/soverton/
THE DONOR CLASS (arguing that campaign reforms should encourage candidates to raise the bulk of their funds from smaller contributors) available at . . .
http://ssrn.com/abstract=569021
---------- Original Message ----------------------------------
From: Rick Hasen <Rick.Hasen@lls.edu>
Date: Wed, 08 Jun 2005 11:23:57 -0700
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