On Tuesday, Americans will elect a president without the full protections of the Voting Rights Act. The last time that happened they were deciding between Lyndon Johnson and Barry Goldwater — more than a half-century ago. In 2013, the Supreme Court declared that voter discrimination was no longer a problem and effectively struck down the only portion of the act designed to stop discrimination before it affects an election. The court let stand the provisions of the act that allow lawsuits after a discriminatory law takes effect, but unfortunately, the United States has learned the hard way that there is no satisfactory cure for discrimination after an election occurs.
At issue is a practice known as preclearance. Under the 1965 law, jurisdictions with a history of discrimination had to submit changes in voting practices to the Justice Department for review. But in 2013’s Shelby County v. Holder, the Supreme Court struck down the trigger used to determine which jurisdictions would be subject to preclearance, effectively removing this safeguard.
Along with Sen. Patrick J. Leahy (D-Vt.) and Rep. John Conyers Jr. (D-Mich.), I introduced the Voting Rights Amendment Act of 2015 to modernize the original law and to respond to the Supreme Court’s objections in Shelby County. The bill recognizes the importance of preclearance, but applies it evenly across all 50 states. Under the new law, any state or jurisdiction that demonstrates a consistent pattern of discriminatory voting practices would be subject to preclearance. When the discrimination stops, the jurisdiction would automatically be freed from the requirement. This bill offers a modern and thoughtful response to voter discrimination that ensures the minimal possible federal interference in state elections. Unfortunately, despite the legislation having more than 100 co-sponsors, Congress still has not acted on it.
Full Article: Without a modernized Voting Rights Act, there’s no such thing as an honest election – The Washington Post.