"ACLU Challenges Lawmakers Who Aim to Gut Voting
Rights Act, Says Proposals Would Eliminate Historic Federal Protection"
The ACLU has issued this
press release, which links to this
letter.
I completely agree with the letter's opposition to the ridiculous
proposal offered by Rep. Norwood to change the section 5 trigger to a
formula that would include only Hawaii. But I don't agree with that the
letter says about the proposed bailout amendment:
Furthermore, the bailout provision of the VRA works to ensure
that the scope of Section 5 is not overbroad or otherwise
constitutionally flawed. Congress designed the bailout formula to allow
a jurisdiction that could demonstrate it had taken sufficient steps to
remove bars to minority enfranchisement to be released from
preclearance. All jurisdictions that have attempted to bail-out from
coverage have been able to do so successfully. If, however, Section 5
or the bailout provision were to be weakened, then formerly covered
jurisdictions will have escaped the need to make a showing of real
progress in enfranchising their minority voters.
First, the fact is that very few jurisdictions have attempted to bail
out (and those that have done so have small minority populations), and
many apparently have been deterred for reasons Rick Pildes
recently noted. Second, I don't see how "proactive bailout" would allow
former covered jurisdictions to "escape[] the need to make a showing of
real progress in enfranchising their minority voters." The DOJ would
have to be satisfied that the jurisdiction has done so, and for
practical purposes it won't be able to bail out without providing DOJ
with information
showing such progress. Moreover, if DOJ colluded and consented to
bailout, the law would still allow intervenors to object to show that
not enough progress has been made.
--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org