No doubt, we live in a very different country today. There has been significant progress—more Blacks now serve in elected office, registration and turnout gaps have narrowed, and we have lived to see the day where an African-American now occupies the White House.
Reality makes clear that even with Section 5’s protections in place, minority voters continue to face serious discrimination. One recent example of discrimination blocked by Section 5 includes the efforts to prevent students at Prairie View A&M University, a historically Black college, from registering to vote by threatening them with prosecution. Other examples of discrimination blocked by Section 5 include attempts to move polling places to remote and hostile locations; cancelling elections in communities that have experienced significant minority population growth; and the outright dismantling of majority minority districts.
While leaving Section 5 squarely in place, the Supreme Court ruling also expands the number of places that now can seek to exempt themselves, or “bailout” from Section 5 preclearance. Jurisdictions attempting to bailout must still prove they have maintained a blemish-free record for ten years before they can make such a move.
John Payton is president and director-counsel for the NAACP Legal Defense and Educational Fund Inc.
© Copyright 2005 by DiverseEducation.com
