Voting Rights Act
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Voting Rights Act | |
U.S. Congress![]() |
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Long title: | |
Introduced by: | |
Dates | |
Date passed: | July 1964 |
Date signed into law: | August 6, 1965 |
Amendments: | |
Related legislation: |
The United States Voting Rights Act of 1965 outlawed the requirement that would-be voters take literacy tests in order to qualify to register to vote, and it provided for federal registration of voters in areas that had less than 50% of eligible voters registered. It was signed into law by President Lyndon B. Johnson on August 6, 1965.
The VRA was made necessary by the practices of the socially regressive, southern wing of the Democratic Party. Although the right to vote regardless of race is guaranteed by the Fifteenth Amendment, some Dixiecrats argued that Primary elections were an internal party affair, and that the party was a "private club", so that the government had no authority over its criteria for membership and other factors relevant to participating in primary elections.
The campaign to bring about federal intervention to rectify this situation culminated in the Selma to Montgomery marches.
The Act has been renewed many times and remains in force as of 2005: its most used (and most controversial) provision requires that the United States Department of Justice "preclear" any change in a state's voting laws that may have a negative impact on the voting rights of minorities.
The Voters Rights Act was signed in 1965 by Lyndon B. Johnson. It was not made a law. In 1982, Ronald Reagan amended the Voters Rights Act for another 25 years. Some portions of the act are up for renewal in 2007, most notably section 5. Section 5 requires "covered jurisdictions" to obtain preclearance before implementing a change in a voting standard, practice or procedure. Section 5, as currently authorized by Congress, stays in effect until 2007. The burden of proof under Section 5 is on the governmental body to establish that the proposed change does not have a retrogressive purpose.
Contents |
Jurisdictions that must be precleared
States
- Alabama
- Alaska
- Arizona
- Georgia
- Louisiana
- Mississippi
- South Carolina
- Texas
- Virginia, except for Fairfax City, Frederick County, and Shenandoah County
Counties
- California: Kings, Merced, Monterey, Yuba
- Florida: Collie, Hard, Henry, Hillsborough
- New York: Bronx, Kings, New York
- North Carolina: Anson, Beaufort, Bertie, Bladen, Camden, Caswell, Chowan, Cleveland, Craven, Cumberland, Edgecombe, Franklin, Gaston, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Jackson, Lee, Lenoir, Martin, Nash, Northhampton, Onslow, Pasquotank, Perquimans, Person, Pitt, Robeson, Rockingham, Scotland, Union, Vance, Washington, Wayne, Wilson
- South Dakota: Shannon, Todd.
Towns
- Michigan: Clyde Township, Buena Vista Township
- New Hampshire: Rindge Town, Millsfield Township, Pinkhams Grant, Stewartstown Town, Stratford Town, Grafton County, Benton Town, Antrim Town, Boscawen Town, Newington Town, Unity Town
No Affirmative Right to Vote
U.S. citizens commonly hear of a "right to vote," yet there is no such federal right. However, The Voting Rights Act and three constitutional amendments that prevent discrimination in granting the franchise, has established in United States Supreme Court jurisprudence that there is a "fundamental right" in the franchise, even though voting remains a state-granted privilege. U.S. Representative Jesse Jackson Jr. re-introduced House Joint Resolution 28 in March of 2005 to amend the U.S. Constitution and create a federal right to vote. The resolution had 58 co-sponsorsas of April, 2005.
Vote Statistics:
Senate:
- Democrats: 49-17
- Republicans: 30-2
- Total: 77-19
House:
- Democrats: 221-61
- Republicans: 112-24
- Total: 333-85
References
- Bickerstaff, Heath, Smiley, Pollan, Kever and McDaniel, L.L.P., Austin and Dallas, Texas - http://www.votinglaw.com/dojfaq.html#2