Restrictions on early voting and absentee voting

Oct 13, 2025 by wbrum.org 121 views

Introduction

The Shelby County v. Holder Supreme Court decision, handed down in 2013, had a significant impact on voting rights in the United States. The decision effectively gutted a key provision of the Voting Rights Act of 1965, which had been instrumental in protecting the voting rights of racial and ethnic minorities. In this article, we will explore the impact of the Shelby County v. Holder decision on voting rights and examine the implications of this landmark case.

Background

The Voting Rights Act of 1965 was a landmark piece of legislation that aimed to protect the voting rights of racial and ethnic minorities in the United States. The Act was passed in response to the widespread disenfranchisement of African Americans in the South, where poll taxes, literacy tests, and other barriers had been used to prevent them from voting. Section 5 of the Act required certain states and localities with a history of voter suppression to obtain "pre-clearance" from the federal government before making any changes to their voting laws.

The Shelby County v. Holder Decision

In 2012, Shelby County, Alabama, filed a lawsuit against the federal government, arguing that Section 5 of the Voting Rights Act was unconstitutional. The county claimed that the provision was based on outdated data and that it unfairly targeted certain states and localities. The case made its way to the Supreme Court, where it was heard in February 2013.

On June 25, 2013, the Supreme Court issued its decision in Shelby County v. Holder. In a 5-4 ruling, the Court struck down Section 5 of the Voting Rights Act, effectively gutting the provision. The Court held that the formula used to determine which states and localities were subject to pre-clearance was based on outdated data and that it unfairly targeted certain states and localities.

Impact on Voting Rights

The Shelby County v. Holder decision had a significant impact on voting rights in the United States. Without Section 5, states and localities were no longer required to obtain pre-clearance from the federal government before making changes to their voting laws. This meant that states and localities were free to implement new voting laws and procedures without fear of federal oversight.

In the years following the Shelby County v. Holder decision, many states and localities have implemented new voting laws and procedures that have made it more difficult for racial and ethnic minorities to vote. These laws have included voter ID requirements, proof of citizenship requirements, and restrictions on early voting and absentee voting.

Examples of Voting Rights Restrictions

Since the Shelby County v. Holder decision, many states and localities have implemented voting rights restrictions that have made it more difficult for racial and ethnic minorities to vote. Some examples include:

Voter ID laws: Many states have implemented voter ID laws that require voters to present a government-issued ID at the polls. These laws have disproportionately affected racial and ethnic minorities, who are less likely to have a government-issued ID.
Proof of citizenship laws: Some states have implemented proof of citizenship laws that require voters to provide proof of citizenship before casting a ballot. These laws have also disproportionately affected racial and ethnic minorities.
Restrictions on early voting and absentee voting: Some states have implemented restrictions on early voting and absentee voting, which have made it more difficult for racial and ethnic minorities to cast a ballot.

Impact on Minority Voting Rights

The Shelby County v. Holder decision has had a significant impact on minority voting rights. Without Section 5, states and localities are no longer required to obtain pre-clearance from the federal government before making changes to their voting laws. This has led to a proliferation of voting rights restrictions that have made it more difficult for racial and ethnic minorities to vote.

According to a report by the Brennan Center for Justice, the Shelby County v. Holder decision has led to a significant increase in voting rights restrictions. The report found that between 2013 and 2018, 17 states implemented new voting laws and procedures that made it more difficult for racial and ethnic minorities to vote.

Impact on Voter Turnout

The Shelby County v. Holder decision has also had an impact on voter turnout. According to a report by the Pew Research Center, voter turnout among racial and ethnic minorities has declined since the Shelby County v. Holder decision. The report found that in the 2014 midterm elections, voter turnout among African Americans declined by 7.2 percentage points, while voter turnout among Hispanics declined by 5.6 percentage points.

Conclusion

The Shelby County v. Holder decision has had a significant impact on voting rights in the United States. Without Section 5, states and localities are no longer required to obtain pre-clearance from the federal government before making changes to their voting laws. This has led to a proliferation of voting rights restrictions that have made it more difficult for racial and ethnic minorities to vote.

In conclusion, the Shelby County v. Holder decision has had a profound impact on voting rights in the United States. The decision has led to a significant increase in voting rights restrictions, which have made it more difficult for racial and ethnic minorities to vote. As we move forward, it is essential that we work to protect the voting rights of all citizens, regardless of their racial or ethnic background.

Recommendations

To protect the voting rights of all citizens, we recommend the following:

Restore Section 5 of the Voting Rights Act: We recommend that Congress restore Section 5 of the Voting Rights Act, which would require states and localities to obtain pre-clearance from the federal government before making changes to their voting laws.
Implement voter protection laws: We recommend that states and localities implement voter protection laws that prevent voting rights restrictions from being implemented.
Increase voter education and outreach: We recommend that states and localities increase voter education and outreach efforts to ensure that all citizens are aware of their voting rights and are able to exercise them.

By implementing these recommendations, we can work to protect the voting rights of all citizens and ensure that everyone has an equal opportunity to participate in the democratic process.

References

Shelby County v. Holder, 570 U.S. 529 (2013)
Brennan Center for Justice, "The Impact of the Shelby County v. Holder Decision on Voting Rights" (2018)
Pew Research Center, "Voter Turnout Among Racial and Ethnic Groups" (2018)
National Association for the Advancement of Colored People (NAACP), "The Impact of the Shelby County v. Holder Decision on Voting Rights" (2018)

Introduction

The Shelby County v. Holder decision, handed down in 2013, had a significant impact on voting rights in the United States. The decision effectively gutted a key provision of the Voting Rights Act of 1965, which had been instrumental in protecting the voting rights of racial and ethnic minorities. In this article, we will answer some of the most frequently asked questions about the Shelby County v. Holder decision.

Q: What was the Shelby County v. Holder decision?

A: The Shelby County v. Holder decision was a landmark Supreme Court case that effectively gutted a key provision of the Voting Rights Act of 1965. The decision was handed down in 2013 and was a 5-4 ruling that struck down Section 5 of the Voting Rights Act.

Q: What was Section 5 of the Voting Rights Act?

A: Section 5 of the Voting Rights Act was a provision that required certain states and localities with a history of voter suppression to obtain "pre-clearance" from the federal government before making any changes to their voting laws. This provision was instrumental in protecting the voting rights of racial and ethnic minorities.

Q: Why was Section 5 of the Voting Rights Act struck down?

A: Section 5 of the Voting Rights Act was struck down because the Supreme Court held that the formula used to determine which states and localities were subject to pre-clearance was based on outdated data. The Court also held that the provision unfairly targeted certain states and localities.

Q: What impact did the Shelby County v. Holder decision have on voting rights?

A: The Shelby County v. Holder decision had a significant impact on voting rights in the United States. Without Section 5, states and localities were no longer required to obtain pre-clearance from the federal government before making changes to their voting laws. This has led to a proliferation of voting rights restrictions that have made it more difficult for racial and ethnic minorities to vote.

Q: What are some examples of voting rights restrictions that have been implemented since the Shelby County v. Holder decision?

A: Some examples of voting rights restrictions that have been implemented since the Shelby County v. Holder decision include voter ID laws, proof of citizenship laws, and restrictions on early voting and absentee voting. These laws have disproportionately affected racial and ethnic minorities.

Q: How have voter turnout rates changed since the Shelby County v. Holder decision?

A: Voter turnout rates among racial and ethnic minorities have declined since the Shelby County v. Holder decision. According to a report by the Pew Research Center, voter turnout among African Americans declined by 7.2 percentage points in the 2014 midterm elections, while voter turnout among Hispanics declined by 5.6 percentage points.

Q: What can be done to protect the voting rights of racial and ethnic minorities?

A: To protect the voting rights of racial and ethnic minorities, we recommend that Congress restore Section 5 of the Voting Rights Act, implement voter protection laws, and increase voter education and outreach efforts.

Q: What is the current status of voting rights in the United States?

A: The current status of voting rights in the United States is complex and multifaceted. While some states and localities have implemented voting rights restrictions, others have implemented voter protection laws and increased voter education and outreach efforts.

Q: What is the future of voting rights in the United States?

A: The future of voting rights in the United States is uncertain. However, it is clear that the Shelby County v. Holder decision has had a significant impact on voting rights and that continued efforts are needed to protect the voting rights of racial and ethnic minorities.

Q: How can individuals get involved in protecting voting rights?

A: Individuals can get involved in protecting voting rights by contacting their elected officials, participating in voter education and outreach efforts, and advocating for voter protection laws.

Q: What resources are available to help individuals learn more about voting rights?

A: There are many resources available to help individuals learn more about voting rights, including the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union (ACLU), and the League of United Latin American Citizens (LULAC).

Q: What is the importance of protecting voting rights?

A: Protecting voting rights is essential to ensuring that all citizens have an equal opportunity to participate in the democratic process. Voting rights are a fundamental aspect of democracy, and protecting them is essential to maintaining the integrity of the electoral process.

Q: What can be done to prevent voting rights restrictions from being implemented?

A: To prevent voting rights restrictions from being implemented, we recommend that states and localities implement voter protection laws, increase voter education and outreach efforts, and engage in ongoing dialogue with community leaders and stakeholders.

Q: What is the role of the federal government in protecting voting rights?

A: The federal government has a critical role to play in protecting voting rights. The federal government can restore Section 5 of the Voting Rights Act, implement voter protection laws, and provide funding and resources to support voter education and outreach efforts.

Q: What is the role of the courts in protecting voting rights?

A: The courts have a critical role to play in protecting voting rights. The courts can hear cases related to voting rights, issue rulings that protect voting rights, and provide guidance on the interpretation of voting rights laws.

Q: What is the role of civil society organizations in protecting voting rights?

A: Civil society organizations, such as the NAACP, the ACLU, and LULAC, play a critical role in protecting voting rights. These organizations can provide education and outreach to voters, advocate for voter protection laws, and engage in ongoing dialogue with community leaders and stakeholders.

Q: What is the future of voting rights litigation?

A: The future of voting rights litigation is uncertain. However, it is clear that the Shelby County v. Holder decision has had a significant impact on voting rights and that continued litigation is needed to protect the voting rights of racial and ethnic minorities.

Q: What can be done to ensure that voting rights are protected in the future?

A: To ensure that voting rights are protected in the future, we recommend that Congress restore Section 5 of the Voting Rights Act, implement voter protection laws, and increase voter education and outreach efforts. We also recommend that states and localities engage in ongoing dialogue with community leaders and stakeholders to ensure that voting rights are protected.