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View Diary: The Voting Rights Act has been gutted (301 comments)

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  •  Has any places been added since the original (1+ / 0-)
    Recommended by:
    Nova Land

    list?  Or taken off?

    Never argue with an idiot. They will drag you down to their level and beat you with experience.

    by thestructureguy on Tue Jun 25, 2013 at 10:25:05 AM PDT

      •  Does that mean the those that are on the list (0+ / 0-)

        have not proven good behavior?  This is what's always bothered me on this case.  If the states are claiming the tests set down are being met and that is why they want the list thrown out why can't the just get "bailed out"?  

        Never argue with an idiot. They will drag you down to their level and beat you with experience.

        by thestructureguy on Tue Jun 25, 2013 at 10:42:45 AM PDT

        [ Parent ]

        •  Bailout takes effort. (3+ / 0-)

          As DOJ explains:

          A jurisdiction seeking to "bailout" must seek a declaratory judgment from a three-judge panel in the United States District Court for the District of Columbia. On June 22, 2009, the Supreme Court held that any jurisdiction currently required to make Section 5 submissions may seek to "bailout" from coverage if it meets the statutory criteria set forth below.

          The successful "bailout" applicant must demonstrate that during the past ten years:

          No test or device has been used within the jurisdiction for the purpose or with the effect of voting discrimination;
          All changes affecting voting have been reviewed under Section 5 prior to their implementation;
          No change affecting voting has been the subject of an objection by the Attorney General or the denial of a Section 5 declaratory judgment from the District of Columbia district court;
          There have been no adverse judgments in lawsuits alleging voting discrimination;
          There have been no consent decrees or agreements that resulted in the abandonment of a discriminatory voting practice;
          There are no pending lawsuits that allege voting discrimination; and
          Federal examiners have not been assigned;
          There have been no violations of the Constitution or federal, state or local laws with respect to voting discrimination unless the jurisdiction establishes that any such violations were trivial, were promptly corrected, and were not repeated.
          Before being allowed to "bailout", the jurisdiction must have eliminated those voting procedures and methods of elections that inhibit or dilute equal access to the electoral process. It also must demonstrate that it has made constructive efforts to eliminate intimidation and harassment of persons seeking to register and vote and expand opportunities for voter participation, such as opportunities for registration and voting, and to appoint minority officials throughout the jurisdiction and at all levels of the stages of the electoral process. The jurisdiction must also present evidence of minority electoral participation.

          In addition, these requirements apply to all governmental units within the geographical boundaries of the jurisdiction. Thus, if a county is seeking to "bailout", it must establish each criteria for every city, town, school district, or other entity within its boundaries.

      •  It surprises me (0+ / 0-)

        that this provision wasn't considered sufficient safegaurd of State Rights.

        Jurisdictions have been removed from that list, and there is a clear path to do so.

        So the States only have their rights curtailed if they cannot demonstrate that they are behaving lawfully, and then only those places that have a history of discrimination.

        I hope that the quality of debate will improve,
        but I fear we will remain Democrats.

        Who is twigg?

        by twigg on Tue Jun 25, 2013 at 10:53:23 AM PDT

        [ Parent ]

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