American Civil Liberties Union

After the 14th and 15th Amendments were ratified, many states passed Jim Crow laws that created significant, and often insurmountable, barriers to voting. The result of these discriminatory laws was a near total disenfranchisement of African Americans in Southern states for decades following the turn of the century. In an effort to tear down these barriers and to protect the guarantee that the right to vote is not denied “on account of race, color, or previous condition of servitude,” on August 6, 1965, President Lyndon Johnson signed the Voting Rights Act (VRA) into law.

There are two key sections of the VRA that are critical in protecting the voting rights of minority voters: Section 2 and Section 5. Section 2 of the VRA prohibits voting practices and procedures that have either the purpose or the effect of discriminating on the basis of race, color or membership in a language minority group. Section 5 of the Act requires jurisdictions with significant histories of voter discrimination to “pre-clear,” or get federal approval from the Department of Justice (DOJ), for any new voting practices or procedures, and to show that they do not have a discriminatory purpose or effect. DOJ is charged with upholding and enforcing the Voting Right Act. If the agency finds that a new voting practice or procedure has a discriminatory purpose or effect, preclearance will be denied, stopping the discriminatory law before it goes into effect. DOJ can also challenge discriminatory laws in court.

In the 40 years since its passage, the Voting Rights Act has guaranteed millions of minority voters a chance to have their voices heard and their votes counted. The number of black elected officials has increased from just 300 nationwide in 1964 to more than 9,100 today, and the poll taxes, literacy tests and other discriminatory barriers that once closed the ballot box to blacks and other minorities have been dismantled. However, members of racial and language minorities still face significant obstacles in registering to vote and casting ballots. Racially polarized voting persists in much of the country, and attempts to manipulate the law in ways that will disadvantage communities of color continue nationwide.

Additional Resources

Fighting for Voting Rights for All Americans (2009 blog): Although the U.S. holds itself out as a model democratic society, the benefit of democracy continues to elude millions of Americans. The U.S. has repeatedly failed to protect the voting rights of minority communities, and has turned a blind eye to state actions that make it more difficult for minority citizens to participate in the political process.

ACLU and BlackElectorate.com Announce Partnership To Raise Awareness Of Felony Disfranchisement (2008 press release): The American Civil Liberties Union and BlackElectorate.com's "Business and Building" Community launched their partnership to raise awareness of the devastating effects of felony disfranchisement on this country’s African-American community.

Voting Rights Act Timeline (2005 timeline)

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