Rumors have been circulating on the Internet and elsewhere that suggest that African-Americans will lose their right to vote in 2007. This is completely untrue.
In case after case, the federal courts have held that the right to vote is fundamental and therefore cannot be taken away.
The Fifteenth Amendment to the United States Constitution protects the equal right to vote regardless of race or color. It states that "[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." This provision has been part of our law since the end of the Civil War and cannot expire -- it is permanent.
The Voting Rights Act of 1965 is the federal law that provides a mechanism for enforcement of the Fifteenth Amendment's guarantee of equality in voting.
- Permanent Protection Against Discriminatory Practices
Section 2 of the Voting Rights Act allows citizens to sue in federal court to challenge any voting practice that they believe is racially discriminatory. This provision, which assures that no one may be denied the right to register, vote, or participate fully in the political process because of his or her race or color, is a permanent part of federal law and does not expire.
- Special Enforcement Provisions to Prevent Retrogression
Section 5 of the Voting Rights Act is a special enforcement provision that requires state and local governments in certain parts of the country to get federal approval (known as "preclearance") before implementing any changes to their voting procedures: anything from moving a polling place to changing district lines in the county. In order to obtain federal preclearance, a covered state, county, or local government entity must demonstrate to federal authorities that the voting change in question does "not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color [or membership in a language minority group]." This requirement gives citizens the chance to prevent or stop discriminatory practices before they actually take place.
Unlike Section 2 of the VRA, Section 5 must be renewed periodically in order to remain in effect. When Congress amended the Voting Rights Act in 1982, it extended the requirement of preclearance for 25 more years - until 2007. So, for this enforcement mechanism to extend past 2007, Congress will have to take action.
However, even if Section 5's special enforcement provision is not renewed, voting will still be a fundamental right of all citizens, including African-Americans, the federal Constitution will continue to provide for the equal right to vote for African-Americans and other racial minorities, and the rest of the Voting Rights Act will continue to prohibit discrimination in voting.
Thus, while the need to re-authorize Section 5 of the Voting Rights Act is extremely important, the right of African-Americans to vote does not and will never expire.
