American Civil Liberties Union

Hans von Spakovsky, in his recent article in the National Review, “Strike Down Section 5,” gets it wrong when he says the Supreme Court should hold Section 5 of the Voting Rights Act unconstitutional in the case now pending before it, Shelby County, Alabama v. Holder. The South, as a direct result of the Voting Rights Act, has changed, but that does not mean we no longer need Section 5, which requires nine states and parts of seven others with the worst and continuing histories of discrimination in voting to preclear their proposed changes in voting and show that they do not have a discriminatory purpose or effect.

Following a wave of voter suppression laws over the last few years, Texas passed a restrictive voter identification law, which unfairly burdened communities of color all across the state. The new law was rejected as discriminatory under the federal Voting Rights Act of 1965.

In Arizona, Herta Weber, a U.S. Army and Navy veteran had her voter registration denied because of new burdensome state requirements for documentary proof of citizenship, despite the fact that she could easily register under the requirements of the federal National Voter Registration Act (NVRA) (the federal "motor voter" law).

Twenty years ago today, Congress passed the National Voter Registration Act (NVRA), in order to make voter registration free, fair, and accessible for all Americans. The statute has been a resounding success, helping to enfranchise millions of Americans across the country.

The NVRA is often referred to as the "Motor Voter" law, because it requires states to offer voter registration with applications for driver's licenses. But other provisions are equally important. The NVRA requires states to offer voter registration to applicants for public assistance programs such as Medicaid and the new health benefit exchange that is required under the Affordable Care Act. . It also protects the right of citizens and civic associations to conduct volunteer voter registration drives, and removes state-imposed barriers to registration, by creating a one-page standardized voter registration form for use in all states, on which voters affirm their eligibility as citizens by signing a sworn affidavit.

Like many Americans who watched President Obama's State of the Union address, I was moved by Desiline Victor, the 102 year-old African American woman who was forced to endure a six hour wait in order to vote in the 2012 presidential election. It is outrageous that anyone, let alone a woman of her age, should be subject to such a trial in order to exercise her most fundamental right as an American. Her determination and tenacity to cast her ballot was inspiring.