People For the American Way

New Report Reflects Persistence of Voting Rights Violations

While the Voting Rights Act of 1965 (VRA) took a giant leap toward reducing voting discrimination, a wealth of evidence today shows that discrimination at the polls persists. A new report by the Leadership Conference on Civil and Human Rights documents148 separate instances of voting violations since 2000, with each affecting hundreds to thousands of voters.

The report, The Persistent Challenge of Voting Discrimination, came just days before today’s one-year anniversary of the Supreme Court’s ruling in Shelby County v. Holder, which gutted a key provision of the VRA. The litany of voting rights violations detailed therein underscores the need for reform – now.

Key takeaways gleaned from recent examples:

• Racial discrimination in voting remains a significant problem in our democracy. Nearly 50 years after the enactment of the VRA, racial discrimination in voting remains a persistent problem in many places around the country…

• The problem of racial discrimination in voting is not limited to one region of the country. The examples outlined in this report document instances of voting discrimination from 30 states, representing every region of the country…

• Voting discrimination occurs most often in local elections… They often concern the election of city, county or other local elected officials, where many of the contests are nonpartisan.

• Discrimination in voting manifests itself in many ways, and new methods continue to emerge. Voting discrimination occurs today in both overt and subtle forms.

Here are just a handful of the cases in which systematic discrimination threatened to discourage or sideline voters:

• In 2008, the state of Alaska requested preclearance of a plan to remove polling places in multiple Native villages. The state intended to consolidate predominately Alaska Native voting precincts with those of other communities, creating new polling places that were geographically remote and inaccessible by road. Instead of complying with a “More Information Request” by the Department of Justice regarding the proposed changes, Alaska withdrew their submission.

• Between 2004 and 2011, DOJ alleged that five counties and four cities in California had been in violation of Section 203 of the VRA, citing failures to implement bilingual election programs for language-minority voters, as well as failures to translate election-related materials for precincts with large language-minority populations.

• Between 2002 and 2011, multiple school districts and localities in Louisiana proposed redistricting plans that would have eliminated districts in which an African American majority was able to elect the candidate of their choice. 

The Leadership Conference on Civil and Human Rights notes that because the study was only able to take into account reported cases, the statistics are likely a conservative estimate of the real magnitude of the problem.

Sadly, discrimination in the electoral process still happens. Moving forward on legislation to update and modernize the VRA would help return a voting voice to Americans who are too often, even today, marginalized.

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Leadership Conference on Civil and Human Rights, Shelby County v. Holder, The Right to Vote