Voting Rights Act: Laws That Have Been Passed Since Shelby County v Holder

The Voting Rights Act of 1965, which was signed into law as a defense against discriminatory voting practices, was altered in a controversial decision in 2013. The Shelby County v Holder decision struck down key provisions of the act — the pre-clearance sections 4 and 5 — calling them unconstitutional.

As a result, states that had previously needed federal pre-clearance to enact changes to voting laws now can impose those changes at the state level. Already, many states have enacted new voting requirements.

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Following the Shelby County v. Holder decision, the states of Texas, North Carolina, Alabama, and Mississippi pushed ahead with photo ID laws, which had been blocked previously due to Section 5 of the Voting Rights Act.

However, these laws are highly controversial because of their potentially racial overtones. According to an article by Tomas Lopez posted by the Brennan Center for Justice, “Undisputed ... evidence demonstrates that racial minorities in Texas are disproportionately likely to live in poverty, and (that the ID law) will weigh more heavily on the poor.”

Meanwhile, a seemingly not so controversial change that many states have made is online voter registration.

With today’s fast-paced modern technology, it only stands to reason that states would pursue faster and more efficient voting methods. Since the Shelby County v. Holder decision, 20 states have implemented online voter registration, which serves as a potentially faster method than paper registrations.

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Now, “Instead of filling out a paper application, the voter fills out a form via an Internet site, and that paperless form is submitted electronically to election officials. In most states the application is reviewed electronically; if the request is confirmed to be valid, the new registration is added to the state’s voter registration list,” says the National Conference of State Legislatures.

The reactions to states’ implementations of these and other new voting procedures have been mixed.

According to an article by The Washington Post, “Other laws have seen their support split on partisan lines. These new changes, mostly passed in conservative state legislatures, were designed to counter voter fraud or help shrink budgets. There have been changes that shift early voting and voter registration times, and new voter-ID requirements. The opponents of these laws say that their only effect will be limiting the right to vote – mostly among low-income and minority voters who may not own government identification or have enough flexibility with their employment to vote on Election Day.”

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