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US Supreme Court Upholds Voting Rights Act Pre-Clearance Requirements

In a near unanimous decision released earlier today, the US Supreme Court ruled in Northwest Austin Municipal Utility District v. Holder (08-322) that political jurisdictions covered under the Voting Rights Act must continue to seek approval from the Justice Department before making changes in election procedures. As a result, major changes to Texas election law, specifically a Voter Photo ID requirement and the 2011 redistricting plans, will be subject to review and approval by the Obama Justice Department.

The Court did expand the type of jurisdictions that could request the right to “bailout” of the pre-clearance requirements. Prior to the Court’s decision, only a  “State or political subdivision” was allowed to seek approval from the Washington, DC District Court to be relieved from pre-clearance requirements.   The term “political subdivision” was previously defined to include “counties, parishes, and voter-registering subunits.” In the decision today, the “bailout” option was expanded to include all governmental subdivisions including Municipal Utility District’s like the one in Austin that sought Supreme Court relief. In its decision, the Court said, “We therefore hold that all political subdivisions that – not only those described in Section 14 (c)(2) – are eligible to file a bailout suit.”

The decision is especially important given that new Legislative and Congressional District lines will be drawn in 2011. This will be the first redistricting cycle that plans will be reviewed by a Democratic Justice Department. In 2003, the harshly partisan and now disgraced Bush Justice Department ignored professional Voting Rights experts and approved the DeLay mid-decade congressional redistricting plan, even though the experts cited several specific violations of the Voting Rights Act.

Comments from Lone Star Project Director, Matt Angle:

“It’s clear now that not another minute of time nor ounce of trouble should be spent trying to pass a Voter Photo ID bill that will likely be bounced by the Justice Department.”

“Texas redistricting plans will be reviewed by the Justice Department, and partisan Republicans will no longer be able to count on partisan operatives within DOJ to subvert the law.”

“This puts harshly partisan Republicans on notice that they must respect and abide by the Voting Rights Act or face objection from the Justice Department.”

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