The Independent View: Counties in VA Bail Out of VRA's Section 5

The Justice Department announced that it has reached agreements with Carroll County and Craig County, Va., that will allow the counties and their political subdivisions to bail out from their status as “covered jurisdictions” under the special provisions of the Voting Rights Act, and thereby exempt these jurisdictions from the preclearance requirements of Section 5 of the Voting Rights Act.

Under Section 5 of the Voting Rights Act, certain covered jurisdictions, determined according to Section 4 of the act, are required to seek preclearance for any changes in voting qualifications, standards, practices or procedures from the U.S. District Court for the District of Columbia or from the U.S. Attorney General, prior to their implementation. Section 4 of the act provides that a covered jurisdiction may seek to “bail out,” or remove itself from such coverage, and therefore be exempted from the preclearance requirements, by seeking a declaratory judgment before a three-judge panel in U.S. District Court for the District of Columbia. A bailout judgment can be issued only if the court determines that the jurisdiction meets certain eligibility requirements for bailout contained in the statute, including a 10-year record of nondiscrimination in voting-related actions. The act also provides that the attorney general can consent to entry of a judgment of bailout only if, based upon investigation, the attorney general is satisfied that the jurisdiction meets the eligibility requirements.

Carroll County and Craig County filed these bailout actions in the U.S. District Court for the District of Columbia on July 17, 2012, and July 18, 2012, respectively. Counsel for both counties contacted the attorney general prior to filing the action, indicating that the counties were interested in seeking a bailout. Both counties provided the Justice Department with substantial information, and the department conducted an investigation to determine their eligibility. Based on that investigation, the department is satisfied that both Carroll and Craig counties meet the Voting Rights Act’s requirements for bailout. “In the department’s view, Carroll County and Craig County have met the requirements necessary for bailout. We reached this conclusion after thoroughly reviewing information provided by the counties and gathered during the department’s independent investigation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “I commend the counties on their cooperation to ensure resolution of this matter.”