In America, every voice should be heard, and every vote should count equally. The Voting Rights Act (VRA) of 1965 is an important federal law which protects that important ideal by banning racial discrimination in voting.
The VRA was passed to keep the promise of the 15th Amendment, which states that the right to vote cannot be denied based on race.
Practices that were used to discriminate against voters of color like literacy tests and poll taxes were outlawed under the VRA.
Since its passage, the VRA has been critical in the fight to ensure that no American is denied access to the ballot based on their race. However, the VRA has been under attack in recent decades.
What Is Section 2 of the VRA?
A key piece of the VRA, Section 2, bans policies that restrict or undermine the power of voters of color. Despite its importance, recent U.S. Supreme Court decisions have weakened the VRA.
The Court reaffirmed Section 2’s use in redistricting cases in Allen v. Milligan, but it has chipped away at its use in protecting access to the ballot.
In Shelby County v. Holder, the Court removed the rule requiring the federal government to review new voting policies in places with long histories of discrimination before they go into effect.
The decision in Brnovich v. DNC chipped away at Section 2 by weakening protections against voting practices that harm voters of color.
But Section 2 still remains an important tool for voting rights advocates. In fact, Campaign Legal Center has filed Section 2 claims on behalf of voters in Arizona, North Dakota, Washington and Texas, and supported claims in Alabama, Georgia and Louisiana.
Despite the Court’s ruling in Allen, the VRA is still under attack. Efforts are underway to limit who can bring cases under Section 2 of the VRA or even end its use altogether.
How to Strengthen and Expand the VRA
The good news is that multiple solutions exist to help strengthen and expand on the VRA.
The John R. Lewis Voting Rights Advancement Act would help to restore the full strength of the VRA.
This legislation would help ensure that Americans of color vote under fair maps and with fair rules. It would also reinstate protections for voters that were weakened by the Supreme Court.
State Voting Rights Acts (SVRAs) are another solution for fair voting access. So far, seven states have passed SVRAs to enhance voter protections in the state. Legislators in other states should work to ensure that voters in their states have an equal opportunity to participate in elections.
Campaign Legal Center has been a fierce defender of the Voting Rights Act and will continue to push legislation like the John Lewis Voting Rights Advancement Act and SVRAs over the finish line because our democracy works best when every American can participate.