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1 1 (December 14, 2022)

handle is hein.crs/govejtq0001 and id is 1 raw text is: Congressional Research Service Informing Ih legislative debate since 1914 Voting Rights Act: Brief Policy Overview December 14, 2022 The Voting Rights Act (VRA) protects equal access to elections for all eligible Americans. In particular, in response to widespread disenfranchisement between the post-Civil War period and the 1960s, the VRA protects voters in racial and language minority groups. The U.S. Department of Justice (DOJ) enforces the act. The statute also provides a private right of action for individuals. This CRS In Focus provides a brief overview of the VRA and policy issues the statute addresses. Several other CRS products, some of which are listed at the end of this In Focus, provide additional information (including legal analysis not addressed in this product) about the VRA and related subjects. Congressional Context The VRA is the primary statute Congress has enacted to enforce the Fifteenth Amendment to the U.S. Constitution (prohibiting denial or abridgement of citizen voting rights based on race, color, or previous condition of servitude). Since enacting the VRA in 1965, Congress has regularly considered legislation to amend the act. Congress extended and amended VRA provisions five times after initial enactment-in 1970, 1975, 1982, 1992, and 2006. In each instance, amendments received wide bipartisan and bicameral support. President Lyndon Johnson signed the initial act; Presidents Ford, Reagan, George H. W. Bush, and George W. Bush signed amendments. The House and Senate Judiciary Committees have primary jurisdiction over the VRA. In addition, the Committee on House Administration and the Senate Rules and Administration Committee have primary jurisdiction over federal elections issues and frequently hold oversight or legislative hearings that address the VRA or related issues. Recent Congresses have appropriated VRA enforcement funds to DOJ through Commerce Justice Science (CJS) appropriations bills or omnibus measures. Report language (H.Rept. 117-395) accompanying FY2023 House CJS bill H.R. 8256 directed that a significant amount of DOJ Civil Rights Division increased funding go toward VRA enforcement. Litigation, which is beyond the scope of this product, provides important context for some VRA policy issues and has spurred congressional oversight, legislation, or both. In 2021 (Brnovich v. Democratic National Committee), the U.S. Supreme Court identified guideposts that federal courts should consider when examining certain claims brought under §2 of the VRA. The Court's 2013 Shelby County v. Holder ruling invalidated VRA provisions that established a coverage formula that triggered a process known as preclearance. In October 2022, the Court heard oral arguments in an Alabama redistricting case (Merrill v. Milligan) brought under §2 of the VRA. Much of the legislative activity concerning the VRA post- Shelby County has concerned whether or how to establish a new coverage formula to replace the current §4(b) preclearance language that the Court invalidated. The Recent Legislative Activity section below provides additional information. Major VRA Provisions and Sections The VRA and its amendments contain several sections, some of which are beyond the scope of this CRS product. Those highlighted below are particularly noteworthy. Legislative and policy discussions of the VRA typically refer to major section numbers of the act. Section 2: Nationwide Prohibitions Section 2 (52 U.S.C. §10301) prohibits states from using any standard, practice, or procedure to abridge or deny voting rights based on race, color, or membership in a language minority group. Section 2 is often the basis for enforcement claims against individual election jurisdictions (e.g., states or counties). Discriminatory intent or effect can be sufficient to establish a Section 2 violation. In the 1982 VRA amendments, Congress specified that a Section 2 violation is established if, based on the totality of the circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by voters protected under the act, and that members of the protected class (group) have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice (52 U.S.C. §10301(b)). Traditionally, this statutory language has been particularly important in redistricting challenges, such as to boundaries that allegedly weaken racial or language minority political influence, or overwhelm those groups' voting power through at-large elections. Such challenges are generally considered vote dilution claims. By contrast, more recent vote denial claims have concerned state election administration practices, voting laws, or both. In particular, the 2021 Brnovich decision concerned Arizona provisions regulating ballots cast outside of a voter's precinct, and a state law regulating ballot collection. CRS products cited below contain additional detail. Section 3 Bail In Provisions Section 3 of the VRA (52 U.S.C. §10302) authorizes federal court intervention to ensure that election jurisdictions do not use a prohibited test or device to

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