Justice Dept. Close to Granting Exemptions for City, JCC

By Amber Lester Kennedy Wednesday, October 05, 2011

Since 1965, the Voting Rights Act has required some jurisdictions to submit any plans affecting voters to the Department of Justice for approval. Now, both Williamsburg and James City County are close to gaining exemption from the requirements.

On Monday, the Justice Department filed a consent decree in the U.S. District Court for the District of Columbia after reaching agreements with both Williamsburg and James City County. If approved by the court, the decree will allow for both municipalities to receive a bailout from their statuses as “covered jurisdictions” under parts of the Voting Rights Act.

Covered jurisdictions were identified in Section 4 of the Voting Rights Act by a formula. First, the state or a political subdivision of the state had to maintain in November 1964, that the locality in question had restricted the opportunity to register and vote. Second, if the Director of the Census determined that less than 50 percent of people who were eligible to vote had voted in the presidential election that year, a locality was considered a “covered jurisdiction.” At the time, the provision was supposed to expire within five years, but has been renewed four times, most recently for 25 years in 2006.

The status requires jurisdictions to seek preclearance for any changes in voting qualifications, standards, practices or procedures from the U.S. District Court in the District of Columbia or from the U.S. Attorney General, prior to their implementation. In the past year, Williamsburg and James City County had to seek preclearance during the redistricting process, and has had to go through the process every time a polling location has changed. Most recently, the city had to obtain pre-clearance before moving the Registrar’s office to the new Municipal Building.

Section 4 of the act gives localities the option to seek a “bailout” from the coverage, which exempts them from preclearance requirements. A three-judge panel in federal district court will determine if the bailout will be granted. To be eligible, the localities have to have a 10-year record of nondiscrimination in voting-related actions. The act also provides that the attorney general can consent to a bailout if, based upon investigation, the attorney general is satisfied the locality has met all requirements.

Williamsburg filed its bailout request on Aug. 4, and following an investigation, the Justice Department determined the city met the requirements for bailout. James City County filed its action on Aug. 5, and also was determined eligible for bailout. York County has not sought exemption from the requirements.

Information about bailout, the Voting Rights Act, and other federal voting laws is available on the Department of Justice website. Complaints may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.