Voting Rights Act of Virginia

Last updated
Voting Rights Act of Virginia
Seal of Virginia.svg
Virginia State Legislature
Full nameVoting Rights Act of Virginia
IntroducedJanuary 8, 2021
House votedFebruary 1, 2021
Senate votedFebruary 25, 2021
Sponsor(s)Del. Marcis S. "Cia" Price; Sen. Jennifer McClellan
Governor Ralph Northam
Website lis.virginia.gov
Status: Current legislation

The Voting Rights Act of Virginia is a Virginia law that prohibits racial discrimination in voting and establishes a preclearance provision for proposed changes to election administration, among other provisions. It is modeled after the federal Voting Rights Act of 1965, as well as the John Lewis Voting Rights Act (which would restore portions of the federal Voting Rights Act that were revoked in the 2013 Supreme Court case Shelby County v. Holder ), and is the first voting rights act enacted in the American South. [lower-alpha 1] [1] [2]

Contents

Background

The Voting Rights Act is part of a surge of progressive legislation in Virginia [lower-alpha 2] following the recapture of the state legislature and governorship by the Democratic Party after a "generation" [4] of Republican control. [lower-alpha 3] [3] [5] It also comes at the same time Republican lawmakers across the country are engaging in a nationwide effort to make voting laws more restrictive following a failed attempt to overturn the victory of Democratic candidate Joe Biden in the 2020 presidential election. [6] Indeed, the bill has been positioned as a major counterpoint to that effort, [6] with Virginia Governor Ralph Northam stating, "At a time when voting rights are under attack across our country, Virginia is expanding access to the ballot box, not restricting it". [7]

The bill is also viewed in light of the American south's long history of voter suppression, which was aimed principally at disenfranchising African Americans. As characterized by the New York Times : [3]

Alone among the states of the former Confederacy, Virginia has become a voting rights bastion, increasingly encouraging its citizens — especially people of color — to exercise their democratic rights. In the last 14 months, the state’s Democratic-controlled General Assembly and Mr. Northam have together repealed the state's voter ID law, enacted 45 days of no-excuse absentee voting, made Election Day a state holiday and enacted automatic voter registration for anyone who receives a Virginia driver's license [lower-alpha 4] ...Ralph Northam this week (week of March 31, 2021) capped a multiyear liberal movement for greater ballot access by signing off on sweeping legislation to recreate pivotal elements of the federal Voting Rights Act that were struck down by the Supreme Court's conservative majority in 2013.

As referenced in the last sentence, the bill is framed in particular as a direct, state-level response to the 2013 Supreme Court ruling in Shelby County v. Holder , which eliminated the Department of Justice's authority under the federal Voting Rights Act to screen racially suspect voting laws in southern states with a history of racial discrimination in voting (which included Virginia) through a federal preclearance process. [9] Indeed, it is partly modeled after the John Lewis Voting Rights Advancement Act, a proposed federal law that would restore the federal preclearance provision. [2] As summarized by the New York Times, "Virginia, which for nearly 50 years had to submit changes to its elections to the federal government for approval under the Voting Rights Act's preclearance requirements, has now effectively imposed the same covenants on itself, an extraordinary step for a state with a long history of segregation and racially targeted voting laws". [3]

Key provisions

Prohibition of discriminatory voting laws

The Act prohibits racial discrimination or intimidation related to voting. [3] Specifically, the act states:

No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by the state or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group.

It empowers the state Attorney General to sue in cases of voter suppression. [8]

Preclearance

Inspired by the preclearance requirement in the federal Voting Rights Act of 1965, which required some states and other jurisdictions with histories of racial discrimination in voting to clear any changes to election procedure with the federal government, the Voting Rights Act of Virginia requires local election officials to collect public feedback or receive advance approval from the state Attorney General before making changes to local elections. [1] More specifically, it would give localities the option of either asking the attorney general's office to sign off on any changes or publicizing the proposed change and allowing a public comment period of at least 30 days, followed by a 30-day waiting period in which any person potentially affected by the change would have the right to challenge it in court. [10] The measure is intended to prevent voter suppression efforts by local officials. [9]

Special accommodations

Minority language accessibility

The bill would require local election officials to provide voting materials in foreign languages if a sizable portion of the local population has a primary language that is not English (this is already required by US law for federal elections—this bill mandates it for local elections as well). [11] [6]

Disability assistance

The bill mandates that people who have disabilities that make them unable to read or write must be provided assistance and allows voters who are over 65 or disabled to request and be brought a printed ballot outside of a polling location. [12]

Voter Outreach and Education Fund

The bill establishes the Voter Education and Outreach Fund, to be funded by penalties awarded as a result of voting discrimination. [8]

Legislative history

The Act (originally House Bill 1890) was introduced into the House of Delegates by Delegate Marcia Price (D) on January 15, 2021. [13] It passed the House on February 1, 2021 in a 55–45 vote (all Democrats for, all Republicans against). [14] On February 25, 2021, it passed the state Senate with unanimous support from Democrats and unanimous opposition by Republicans. [15]

On March 31, 2021, Governor Ralph Northam (D) gave the bill preliminary approval, though suggested technical amendments that the General Assembly had to approve before the measure became law. [4] [11] On April 7, 2021, the state legislature approved the changes. [16]

Reactions

The Act has been contrasted with concurrent Republican efforts in other states to make voting laws more restrictive. [17] [18] The bill's sponsor Marcia Price, for instance, has said that "Virginia is standing strong against a coordinated and intentional effort to restrict voting rights across the nation. These targeted restrictions are designed to disenfranchise people of color, working Americans, and non-native English speakers. With this bill, our Commonwealth is taking the opposite approach and we are making a bold statement against voter suppression. We are upholding the dignity, voice, and vote of all Virginians." [2] Marcia Johnson-Blanco, co-director of the Voting Rights Project at the Lawyers' Committee for Civil Rights Under Law, praised the bill similarly, saying, "The Voting Rights Act of Virginia shows just how far a state with roots from the darkest days of racism in this country can come, and will be a model for the entire nation. This legislation stands in stark contrast to the regressive bills that have been adopted and proposed in other states that will make it more difficult for people to vote." [9] State Senator Jennifer McClellan likewise stated, "The Voting Rights Act of Virginia is a huge victory for our democracy. While other states are threatening voting rights, Virginia took a major step today to protect the right to vote." [19]

Republicans in both the Virginia House of Delegates and the Virginia Senate unanimously opposed the bill, arguing that it would inundate local election administrators with lawsuits and complicate routine changes to voting. [3] The Virginia Municipal League and the Virginia Association of Counties opposed the bill, contending that it could create burdensome new complications for minor election changes. [10] Some registrars worried the penalties for improperly discounting ballots could punish election workers for innocent errors made in a fast-paced and demanding work environment. [10]

See also

Notes

  1. Outside of the south, California, Washington and Oregon have all enacted (narrower) voting rights acts. [1]
  2. Other measures have included abolishing the death penalty, raising the minimum wage, stricter gun control, establishing an independent redistricting commission to end gerrymandering, and allowing local governments to remove Confederate monuments. [3]
  3. Furthermore, past Democratic control saw power in the hands of Southern Democrats—not modern-day liberal Democrats.
  4. Governor Ralph Northam had also recently restored the voting rights of nearly 70,000 formerly incarcerated Virginians. [8]

Related Research Articles

<span class="mw-page-title-main">Fifteenth Amendment to the United States Constitution</span> 1870 amendment prohibiting denial of voting rights on the basis of race

The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.

<span class="mw-page-title-main">Voting Rights Act of 1965</span> US federal legislation that prohibits racial discrimination in voting

The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. It is also "one of the most far-reaching pieces of civil rights legislation in U.S. history." The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War".

Southern Democrats are affiliates of the U.S. Democratic Party who reside in the Southern United States.

<span class="mw-page-title-main">Disfranchisement after the Reconstruction era</span> Post-civil war voter suppression efforts in the United States

Disfranchisement after the Reconstruction era in the United States, especially in the Southern United States, was based on a series of laws, new constitutions, and practices in the South that were deliberately used to prevent black citizens from registering to vote and voting. These measures were enacted by the former Confederate states at the turn of the 20th century. Efforts were also made in Maryland, Kentucky, and Oklahoma. Their actions were designed to thwart the objective of the Fifteenth Amendment to the United States Constitution, ratified in 1870, which prohibited states from depriving voters of their voting rights on the basis of race. The laws were frequently written in ways to be ostensibly non-racial on paper, but were implemented in ways that selectively suppressed black voters apart from other voters.

<span class="mw-page-title-main">Politics of Virginia</span> Politics of a U.S. state

The politics of Virginia have followed major historical events and demographic changes in the commonwealth. In the 21st century, the northern region has become more liberal in attitudes and voting, constituting a reliable voting bloc for Democrats and joining with population centers in the Richmond Metropolitan and Hampton Roads areas to dominate the state. Political orientation varies by region, with the larger cities and suburban areas generally voting Democratic and the rural areas voting Republican. The southern, rural regions have remained rural and conservative. Until 2021 when the GOP swept all statewide offices, Virginia was shifting more Democratic and now is considered a swing state again by most pundits.

<span class="mw-page-title-main">Ralph Northam</span> Governor of Virginia from 2018 to 2022

Ralph Shearer Northam is an American physician and politician who served as the 73rd governor of Virginia from 2018 to 2022. A pediatric neurologist by occupation, he was an officer in the U.S. Army Medical Corps from 1984 to 1992. Northam, a member of the Democratic Party, served as the 40th lieutenant governor of Virginia from 2014 to 2018 prior to winning the governorship against Republican nominee Ed Gillespie in the 2017 election. Prohibited by the Virginia Constitution from running for a consecutive term, Northam left office in January 2022, succeeded by Republican Glenn Youngkin.

<span class="mw-page-title-main">Elections in Virginia</span>

Elections in Virginia are authorized under Article I of the Virginia State Constitution, sections 5–6, and Article V which establishes elections for the state level officers, cabinet, and legislature. Article VII section 4 establishes the election of county-level officers.

<span class="mw-page-title-main">LGBT rights in Virginia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Commonwealth of Virginia enjoy the same rights as non-LGBT persons. LGBT rights in the state are a recent occurrence with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.

<span class="mw-page-title-main">Voter identification laws in the United States</span>

Voter ID laws in the United States are laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote in elections in the United States.

Shelby County v. Holder, 570 U.S. 529 (2013), was a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and Section 4(b), which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of discrimination in voting.

<span class="mw-page-title-main">2017 Virginia gubernatorial election</span> Election for the governorship of the U.S. state of Virginia

The 2017 Virginia gubernatorial election was held on November 7, 2017. Incumbent Democratic Governor Terry McAuliffe was unable to run for reelection, as the Constitution of Virginia prohibits the officeholder from serving consecutive terms; he later ran unsuccessfully for a second term in 2021.

Voter suppression in the United States consists of various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Such voter suppression efforts vary by state, local government, precinct, and election. Voter suppression has historically been used for racial, economic, gender, age and disability discrimination. After the American Civil War, all African-American men were granted voting rights, but poll taxes or language tests were used to limit and suppress the ability to register or cast a ballot. The Civil Rights Act of 1964 improved voting access significantly.

<span class="mw-page-title-main">2017 United States gubernatorial elections</span>

United States gubernatorial elections were held on November 7, 2017, in two states: Virginia and New Jersey. These elections formed part of the 2017 United States elections. The last regular gubernatorial elections for these two states were in 2013. Both incumbents were term-limited, so both seats were open. Democrats held the governorship in Virginia and picked up the governorship of New Jersey.

<span class="mw-page-title-main">Amendments to the Voting Rights Act of 1965</span> Amendments to U.S. legislation

The U.S. Congress enacted major amendments to the Voting Rights Act of 1965 in 1970, 1975, 1982, 1992, and 2006. Each of these amendments coincided with an impending expiration of some of the Act's special provisions, which originally were set to expire by 1970. However, in recognition of the voting discrimination that continued despite the Act, Congress repeatedly amended the Act to reauthorize the special provisions.

<span class="mw-page-title-main">For the People Act</span> Election reform and anti-corruption bill in the 117th Congress

The For the People Act, introduced as H.R. 1, is a bill in the United States Congress intended to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.

<span class="mw-page-title-main">John Lewis Voting Rights Act</span> Proposed voting rights bill in the 117th Congress

The John R. Lewis Voting Rights Advancement Act of 2021 is proposed voting rights legislation named after civil rights activist John Lewis. The bill would restore and strengthen parts of the Voting Rights Act of 1965, most notably its requirement for certain jurisdictions to seek federal approval before enacting certain changes to their voting laws. The bill was written in response to the Supreme Court decision in Shelby County v. Holder in 2013, which struck down the system that was used to determine which jurisdictions were subject to that requirement.

Brnovich v. Democratic National Committee, 594 U.S. ___ (2021), was a United States Supreme Court case related to voting rights established by the Voting Rights Act of 1965 (VRA), and specifically the applicability of Section 2's general provision barring discrimination against minorities in state and local election laws in the wake of the 2013 Supreme Court decision Shelby County v. Holder, which removed the preclearance requirements for election laws for certain states that had been set by Sections 4(b) and 5. Brnovich v. Democratic National Committee involves two of Arizona's election policies: one outlawing ballot collection and another banning out-of-precinct voting. The Supreme Court ruled in a 6–3 decision in July 2021 that neither of Arizona's election policies violated the VRA or had a racially discriminatory purpose.

<span class="mw-page-title-main">Republican efforts to restrict voting following the 2020 presidential election</span> Ongoing effort by the U.S. Republican Party

Following the 2020 United States presidential election and the unsuccessful attempts by Donald Trump and various other Republican officials to overturn it, Republican lawmakers initiated a sweeping effort to make voting laws more restrictive within several states across the country. According to the Brennan Center for Justice, as of October 4, 2021, more than 425 bills that would restrict voting access have been introduced in 49 states—with 33 of these bills enacted across 19 states so far. The bills are largely centered around limiting mail-in voting, strengthening voter ID laws, shortening early voting, eliminating automatic and same-day voter registration, curbing the use of ballot drop boxes, and allowing for increased purging of voter rolls. Republicans in at least eight states have also introduced bills that would give lawmakers greater power over election administration after they were unsuccessful in their attempts to overturn election results in swing states won by Democratic candidate Joe Biden in the 2020 election. The efforts garnered press attention and public outrage from Democrats, and by 2023 Republicans had adopted a more "under the radar" approach to achieve their goals.

The Election Integrity Act of 2021, originally known as the Georgia Senate Bill 202, is a law in the U.S. state of Georgia overhauling elections in the state. It replaced signature matching requirements on absentee ballots with voter identification requirements, limits the use of ballot drop boxes, expands in-person early voting, bars officials from sending out unsolicited absentee ballot request forms, reduces the amount of time people have to request an absentee ballot, increases voting stations or staff and equipment where there have been long lines, makes it a crime for outside groups to give free food or water to voters waiting in line in order to solicit votes, gives the Georgia General Assembly greater control over election administration, and shortens runoff elections, among other provisions.

<span class="mw-page-title-main">Florida Senate Bill 90 (2021)</span> 2021 state law in Florida, USA

Florida Senate Bill 90 is a law in the state of Florida which amends the state's election law.

References

  1. 1 2 3 Paviour, Ben (February 26, 2021). "Virginia Is Poised To Approve Its Own Voting Rights Act". NPR . Archived from the original on November 4, 2023.
  2. 1 2 3 Floyd, Jessica (March 31, 2021). "Virginia's historic voting rights act drafted by Black women lawmakers". TheGrio .
  3. 1 2 3 4 5 6 Epstein, Reid J.; Corasaniti, Nick (April 2, 2021). "Virginia, the Old Confederacy's Heart, Becomes a Voting Rights Bastion". The New York Times . Archived from the original on November 2, 2023.
  4. 1 2 Schneider, Gregory S. (April 1, 2021). "Northam supports Virginia Voting Rights Act, paid sick leave for home health workers and host of other measures at deadline for action". The Washington Post .
  5. Moomaw, Graham (February 12, 2021). "In five weeks, Virginia Democrats reshape decades of state policy". The Virginia Mercury.
  6. 1 2 3 Romine, Taylor; Alonso, Melissa (March 31, 2021). "Virginia governor approves bill aimed at preventing voter suppression and discrimination in elections". CNN .
  7. "Governor Northam Approves Voting Rights Act of Virginia". Virginia Governor Ralph S. Northam. Commonwealth of Virginia. March 31, 2021.
  8. 1 2 3 Littlehales, Alex (April 1, 2021). "Breaking down the newly-signed Voting Rights Act of Virginia". ABC 13 News Now . Archived from the original on August 9, 2022.
  9. 1 2 3 Kruzel, John (March 31, 2021). "Governor signs Voting Rights Act of Virginia". The Hill .
  10. 1 2 3 Moomaw, Graham (March 12, 2021). "Virginia is set to become the first southern state with its own voting rights act. Here's what it does". The Virginia Mercury.
  11. 1 2 Leonor, Mal (March 31, 2021). "Northam signals approval of Voting Rights Act of Virginia". Richmond Times-Dispatch .
  12. "H 1890". Virginia's Legislative Information System.
  13. De Alba, Adriana (January 15, 2021). "Delegate Marcia Price introduces first-of-its-kind Voting Rights Act of Virginia". ABC 13 News Now .
  14. Parks, Cierra (February 1, 2021). "Lawmakers advance Voting Rights Act of Virginia". NBC 12 .
  15. Gillett, M. Tyler (February 27, 2021). "Virginia General Assembly approves state-level Voting Rights Act". JURIST .
  16. Schneider, Gregory S.; Olivo, Antonio (April 7, 2021). "Virginia General Assembly votes to allow adults to possess marijuana on July 1". The Washington Post .
  17. Sargent, Greg (February 5, 2021). "Opinion: An interesting experiment in voting rights moves ahead in Virginia". The Washington Post .
  18. "Virginia Passes Voting Rights Act Amid Nationwide Republican Crackdown on Ballot Access". Democracy Now! . April 1, 2021.
  19. "Gov. Northam approves Voting Rights Act of Virginia". ABC 3 . March 31, 2021.