The Significance of the Voting Rights Advancement Act

The Voting Rights Advancement Act, reintroduced today by Sewell, would modernize and revitalize the Voting Rights Act of 1965. It would restore the preclearance provision – which required states and localities with proven records of discrimination to “pre-clear” changes to their voting practices with the Department of Justice.

Voter Registration

The Justice Department’s long-standing duty is to defend and uphold the fundamental right to vote, which is essential to our democracy. However, many Americans continue to face barriers that limit their ability to exercise this important right. These obstacles include laws and rulings that restrict access to the ballot based on race, age, disability, or language minority status. Others face barriers to voting due to the lack of accessible polling places and election materials or unrecognized or unlawful discrimination in voter registration practices, polling place procedures, and election administration.

We are committed to ensuring every eligible American has equal and convenient voting access. For example, we are working with state and national partners to help people with disabilities overcome voting obstacles, including removing same-day registration restrictions (an FTVA: JRLA minimum standard). Additionally, we want more states to grant voting rights to those who have served their sentences. In addition, we are working with federal agencies to encourage and facilitate voting among people in federal custody and those serving overseas.

After the Supreme Court struck down the most potent enforcement tool of the Voting Rights Act in 2013, the Justice Department has been unable to use this process to require locations with the worst history of discrimination to obtain federal preclearance before making any changes to their voting laws. The FTVA: JRLA would restore this critical enforcement mechanism, which could ensure that states and localities with the most severe records of racial discrimination in voting can receive preclearance from the Justice Department or a federal district court before making any change to their voting laws.

Early Voting

Many voters cannot take time off work to vote on Election Day, so they use early voting. But some states and localities restrict early voting locations, limit the hours of operation, or require proof of citizenship to vote. This limits the availability of this critical right and disenfranchises poor people, people of color, seniors, language minorities, and LGBT people.

The FTV: JRLA would restore the requirement for jurisdictions with a history of disenfranchisement to get approval, or “preclearance,” from the Justice Department and a federal court before implementing changes to their voting practices. This includes changes to methods of election, redistricting, and polling places. It also requires that covered jurisdictions notify the public about any changes before the Justice Department can challenge them in federal Court.

The law would also allow voters to file a federal action for vote dilution when practices like gerrymandering make it harder for candidates supported by minority voters to win elections. And it would codify the standard established, which has long been used by federal courts to evaluate racial gerrymandering cases. It is time to update these vital protections for voters who need them most. The bill is necessary to ensure that racial barriers to voting are removed from our elections.

Voting by Mail

Voting fraud is very rare in the United States, and expanding access to voting by mail makes it easier for more Americans to exercise their right to vote. However, some communities significantly need help with voter participation when a state or local government changes election laws with little notice. These barriers can include restrictive voter ID laws, intimidation to stay home on Election Day, and long wait times at polling places.

In addition, the Voting Rights Advancement Act would restore and strengthen protections that were gutted by the Supreme Court in its decision and more recently. This bill aims to protect voters from discrimination by updating the law’s coverage formula to reflect current conditions and making it more difficult for local officials to hide their attempts to disenfranchise voters.

Rather than allowing the Court to continue to undermine the law through a series of unchecked decisions, Congress should pass this critical legislation now, carrying on the legacy of the civil rights trailblazers like John Lewis, who led the 1965 march across the Edmund Pettus Bridge. It is time to reauthorize and strengthen the Voting Rights Act for the first time since its last extension in 2006.

Voting in Person

A person’s ability to cast a ballot in person can be affected by state and local laws, policies, and practices that establish rules and procedures for voting. These include election day rules, voting registration deadlines, polling place locations and hours, and voter identification requirements. These policies can impact the ability of people to vote due to their race, age, education, income, or disability.

Voting rights legislation is needed to ensure that all voters can exercise their most fundamental civil right – the vote. LDF supports the Freedom to Vote: John Lewis Act (FTV: JRLA), a bill that would update the protections of the Voting Rights Act in light of the challenges facing democracy in 2022.

FTV: JRLA would restore Section 5 of the VRA, requiring states and localities with a history of racial discrimination in voting to get federal approval for any changes to their electoral process or districts before they could take effect. The Supreme Court eviscerated this essential enforcement tool again, and Congress still needs to replace it.

The FTV: JRLA would also ensure that states and counties that have a history of discrimination in their redistricting process must submit their new district maps for preclearance before they can take effect. This is the best protection against schemes to pack Black voters into districts where they cannot elect representatives of their choice. It will stop the spread of discriminatory practices that prevent many citizens from exercising their fundamental constitutional rights.