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How did the Voting Rights Act’s preclearance requirement protect voters in some states?

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The Voting Rights Act (VRA) of 1965 established a preclearance requirement under Section 5 to protect voters in jurisdictions with a history of discriminatory practices. This provision required "covered jurisdictions"—states or political subdivisions that had used tests like literacy requirements and experienced low voter turnout—to obtain federal approval before implementing any changes to their electoral laws or procedures.12

By requiring these jurisdictions to demonstrate to a federal court that a proposed change did not have the purpose or effect of denying or abridging the right to vote on account of race or color, the preclearance requirement effectively blocked discriminatory measures before they could be enacted. This mechanism was instrumental in preventing the introduction of new electoral restrictions that would have disproportionately reduced voter registration or turnout among African Americans.2

However, the Supreme Court’s 2013 decision in Shelby County v. Holder struck down the formula used to identify these covered jurisdictions, rendering the preclearance requirement unenforceable and shifting the burden to after-the-fact litigation.12