The court said that the Northwest Austin Municipal Utility District No. 1 in Austin, Texas, could apply to opt out of the advance approval requirement, reversing a lower federal court that ruled it could not. The district appears to meet the requirements to bail out, although the high court did not pass judgment Monday on that point.
"It leaves the courts wide open to another challenge. If someone files a new lawsuit, I think there's a very good chance that down the line they might find it unconstitutional," said Hans von Spakovsky, a legal scholar at the conservative-oriented Heritage Foundation.
States covered in whole or part by the provision of the Voting Rights Act (Section 5)
that calls for federal approval before any changes in election procedures can take effect:
States covered in full:
Alabama
Alaska
Arizona
Georgia
Louisiana
Mississippi
South Carolina
Texas
Virginia (with the exception of 15 cities and counties that no longer have to submit changes for approval)
States covered in part:
California (four counties)
Florida (five counties)
Michigan (two townships)
New Hampshire (10 townships)
New York (three of New York City's five boroughs)
North Carolina (40 counties)
South Dakota (two counties)
Michael H. Drucker
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