Politics & Government

Voting Rights Act 'A Step Backward for Voting Virginians,' Some Leaders Say

As Virginia officials react to Supreme Court decision, Gov. Bob McDonnell said he will work to review voting laws and ensure they comply with federal standards.

The Supreme Court voted down Tuesday the section of the Voting Rights Act of 1965 that mandated federal oversight of voting in a handful of states,  including Virginia.

The court ruled the formula used to determine which states must preclear voting changes with the U.S. Department of Justice was unconstitutional. The requirement applies to changes like redistricting, as well as new laws, like a photo ID requirement for all Virginia voters that will be in place in July 2014.

And as Virginia approaches an election marked by a heated governor's race — which has captured national dollars and attention for what it could mean for the 2016 presidential bid — the state's leaders are divided on how the ruling will affect Virginians come November.

When the law was enacted in 1965, it targeted places where voter turnout was below 50 percent, and in some cases, where devices like literary tests were used to discourage voting.

Find out what's happening in Oaktonwith free, real-time updates from Patch.

The majority in the 5-4 court decision said Congress had “not provided adequate justification” for still subjecting certain states to the law, the New York Times reported.

While the court upheld the section of the act that says changes must be pre-cleared, on Tuesday  it killed the section that spells out which states are covered.

Find out what's happening in Oaktonwith free, real-time updates from Patch.

Congress can choose to create new legislation to determine which states are covered, but the chances of a compromise aren’t great,the Times reported.

While some jurisdictions in Virginia — like Prince William County and the cities of Fairfax, Falls Church and Manassas Park — have since been exempted from preclearing voting changes by the federal government since the law was first passed, other localities, like Fairfax and Loudoun counties, were until Tuesday still held to the standard.

Fairfax County spokeswoman Merni Fitzgerald said officials are consulting with the county attorney on whether it will seek federal approval for future changes.

Issues at the polls headlined the 2012 elections in Virginia, when some voters across the state waited for hours to cast a ballot.

Some didn’t vote until 10 p.m., three hours after the polls were scheduled to close.

Fairfax County officials, along with U.S. Rep Gerry Connolly, have launched commissions or discussion around improving polling practices across Northern Virginia. 

But the issue underscores that problems at polling places still exist, said Democratic Party of Virginia Vice Chair Sen. Louise Lucas, who called the Supreme Court’s ruling “ a step backward for voting Virginians.”

But Virginia Gov. Bob McDonnell said in a statement the ruling “maintains the portions of the Voting Rights Act that prohibit discriminatory practices and procedures.”

He said he will work with Attorney General Ken Cuccinelli — the gubernatorial candidate on this year’s GOP ticket — to review voting laws and ensure they comply with federal standards.

"Virginia is committed to fair elections, fair voting districts, and ensuring everyone's vote counts,” Cuccinelli said. “Regardless of the court's decision, legal mechanisms remain in place to safeguard the vote of Virginia's citizens.”

But some aren't sure  "how voting rights will be protected in the interim in places where discrimination still exists,"  U.S. Sen. Tim Kaine (D-Virginia), said in a statement.

“While we have made progress, protections are still necessary to ensure that Virginians are allowed to exercise their right to vote without the risk of disenfranchisement,” said Democrat Terry McAuliffe, Cuccinellis’ opponent in November's election.

Tuesday’s decision means Virginia won’t have to earn federal approval for  a recent bill that would require all Virginia voters to have a photo ID when they're heading to the polls beginning in July 2014.

Voters had mixed reaction to the new law, some calling it common sense and others casting it as voter suppression.

Before Tuesday’s decision, the new requirements would have to be approved by the U.S. Department of Justice.

Tucker Martin, a spokesman for the governor’s office, said it does not appear that the voter identification legislation will be delayed as a result of the Supreme Court’s ruling, though much depends on whether Congress decides to create new legislation to identify states where preclearance is needed.

A statement issued by 13 Virginia advocacy groups, including some chapters of the NAACP and Virginia Organizing, said the decision "means that Virginians must now take responsibility for holding our elected officials accountable to ensure new legislation allows our elections to remain free, fair, and accessible."


Tell us: Do you think the SCOTUS ruling will affect voting in Virginia? Let us know in the comments.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

More from Oakton