The Voting Rights Act

How does the Voting Rights Act impact the redistricting process?

Section 2 of the Voting Rights Act prohibits minority vote dilution. Section 2 provides that a voting practice is unlawful if it has a discriminatory effect. A voting practice has a discriminatory effect if, based on the totality of circumstances, minorities have “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” Section 2 also prohibits the enactment of redistricting plans (and other voting practices) that were adopted with a discriminatory purpose. 

Section 5 of the Voting Rights Act prohibits the enforcement or administration by covered jurisdictions of “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting” without first receiving preclearance from the U.S. Department of Justice or the U.S. District Court for the District of Columbia (the federal court in Washington, D.C.). 

Why are Voting Rights Act protections important?

During the redistricting process, state and local officials may create districts that fairly reflect minority voting strength, or they may move to dismantle districts that provide minority voters an opportunity to elect candidates of their choice.

In the latter case, such action could be based on partisan or incumbency motivations or even a misinterpretation about the role that race can play in redistricting. Being able to discuss Voting Rights Act protections can help position you to advocate, protect, and defend the interests of minority voters from discriminatory decisions during the redistricting process.