The Leadership Conference on Civil and Human Rights

August 1985: Volume 1, Number 1

DOJ's Proposed Changes In Voting Procedures Challenged

In comments on the DOJ's Proposed Revision of Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, the Center for National Policy Review asserted that the proposed revisions would serve to dilute the Act both in its administration and in its substantive interpretation. Section 5 requires approval from the Justice Department of all voting law changes in nine states and parts of 13 others which have a history of discrimination in voting practices. Excerpts from the Center's comments follow.

Essential to the effective enforcement of the Voting Rights Act is the Attorney General's responsibility to investigate fully each proposed voting change submitted by covered states. By redefining the Attorney General's investigative responsibility as optional rather than mandatory, the proposed revisions deny both submitting authorities and affected voters their right to thorough analysis by the Justice Department.

In 1982, the Act was amended to require an objection to voting changes by the Attorney General whenever those changes result in discrimination against racial and language minorities. The purpose of the amendment was to remove the burden of proving discriminatory purpose or intent from parties challenging a proposed change and to broaden the Attorney General's authority to object to proposed electoral changes in order to prohibit any unconstitutional forms of discrimination.

The proposed revisions depart from that legislative intent by permitting discrimination as long as it is "reasonable." Under the proposed changes discrimination is also permissible if it maintains but does not worsen current levels of discrimination. Finally, in circumstances where electoral changes will heighten discrimination, the changes will nonetheless be approved if the discrimination is "unavoidable". For further information, contact Sonia R. Jarvis at the Center for National Policy Review, 1025 Vermont Avenue, N.W., Suite 360, Washington, D.C. 20005