The Voting Rights Act, recently well known for its federal approval required under Section 5, also includes a portion that prohibits vote dilution, or depriving minority voters an equal opportunity to elect a candidate.
In the past, courts have restricted applying Section 2, mainly because of the burden of proof that’s required, said Allison Riggs, a staff attorney with the Southern Coalition for Social Justice, a Durham, N.C.-based non-profit advocacy group.
Riggs, who has argued redistricting cases on behalf of state branches of the NAACP and defended the constitutionality of Section 5 in court, said she is concerned by the growing number of groups challenging the section as unconstitutional. For example, a Section 5 lawsuit filed by Shelby County, Ala., said the law was outdated, claiming the demographics in the municipalities had changed in the years since the Voting Rights Act was passed. The case is expected to reach the Supreme Court.
“In all of the work we do, there is a thread of concern that this Supreme Court might be inclined to strike down what has been the most important tool in our pocket for advancing and protecting minority voting interests,” Riggs said, noting that many still rely on the protections offered by Section 5.
Section 2 is harder for voters to depend on, she said. The burden of suing is on the minority voter claiming disenfranchisement. It’s costly, intense litigation, Riggs said, which excludes many from pursuing a case.
“One of the reasons that Congress said we need Section 5 is because Section 2 is very limited in its ability to bring about remedies because it’s time consuming, expensive and [voters] don’t have access to the resources they need in order to get there,” Riggs said.
By Caitlin O’Donnell, News21