List of jurisdictions subject to the special provisions of the Voting Rights Act of 1965

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Map depicting states and counties encompassed by the Act's coverage formula in January 2008 (excluding bailed-out jurisdictions)
States and counties encompassed by the Act's coverage formula in January 2008 (excluding bailed-out jurisdictions). Several counties subsequently bailed out,[1] but the majority of the map accurately depicts covered jurisdictions before the Supreme Court's decision in Shelby County v. Holder (2013), which declared the coverage formula unconstitutional.
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The following jurisdictions in the United States are or have been subject to the special provisions of the Voting Rights Act of 1965. Jurisdictions encompassed by the coverage formula contained in Section 4(b) are called "covered jurisdictions"; covered jurisdictions are subject to preclearance under Section 5. Covered jurisdictions may "bail out" of coverage, while non-covered jurisdictions may be "bailed in" to coverage. The Act's bilingual assistance provision is independent of the other special provisions, and jurisdictions encompassed by this provision are listed separately.

Coverage formula[edit]

The coverage formula, contained in Section 4(b) of the Act, determines which states are subject to preclearance. As enacted in 1965, the first element in the formula was whether, on November 1, 1964, the state or a political subdivision of the state maintained a "test or device" restricting the opportunity to register and vote. The Act's definition of a "test or device" included such requirements as the applicant being able to pass a literacy test, establish that he or she had good moral character, or have another registered voter vouch for his or her qualifications. The second element of the formula would be satisfied if the Director of the Census determined that less than 50 percent of persons of voting age were registered to vote on November 1, 1964, or that less than 50 percent of persons of voting age voted in the presidential election of November 1964. In 1970, Congress recognized the continuing need for the special provisions of the Act, which were due to expire that year, and renewed them for another five years. It added a second prong to the coverage formula, identical to the original formula except that it referenced November 1968 as the relevant date for the maintenance of a test or device and the levels of voter registration and electoral participation. In 1975, the Act's special provisions were extended for another seven years, and were broadened to address voting discrimination against members of "language minority groups," which were defined as persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." As before, Congress expanded the coverage formula, based on the presence of tests or devices and levels of voter registration and participation as of November 1972. In addition, the 1965 definition of "test or device" was expanded to include the practice of providing any election information, including ballots, only in English in states or political subdivisions where members of a single language minority constituted more than five percent of the citizens of voting age. In 1982, the coverage formula was extended again, this time for 25 years, but no changes were made to it. In 2006, the coverage formula was again extended for 25 years. In Shelby County v. Holder (2013), the Supreme Court of the United States struck down the coverage formula as unconstitutional, meaning that no jurisdiction is currently subject to preclearance under the coverage formula.

Jurisdictions encompassed by coverage formula[edit]

All counties and municipalities within a covered state are covered unless they have bailed out; counties and municipalities covered by virtue of being within a covered state are not included in this list. The following jurisdictions were encompassed by the coverage formula before the Supreme Court announced its decision.[2][3]

1965[edit]

The following jurisdictions were brought into coverage under the original coverage formula contained within the unrevised Voting Rights Act of 1965:[citation needed]

1970[edit]

The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1970:[citation needed]

1975[edit]

The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1975:[citation needed]

Jurisdictions bailed out of coverage[edit]

Covered jurisdictions may have their coverage terminated by succeeding in a "bail out" action in court. Effective August 5, 1984, the bail out provision was liberalized, allowing more jurisdictions to bail out of coverage. The following jurisdictions have bailed out of coverage:[4][5]

Before August 1984[edit]

  • Wake County, North Carolina[6]
  • Curry, McKinley, and Otero Counties, New Mexico[7]
  • Towns of Cadwell, Limestone, Ludlow, Nashville, Reed, Woodland, Connor, New Gloucester, Sullivan, Winter Harbor, Chelsea, Sommerville, Carroll, Charleston, Webster, Waldo, Beddington, and Cutler, Maine[8]
  • Choctaw and McCurtain Counties, Oklahoma[9]
  • Campbell County, Wyoming[10]
  • Towns of Amherst, Ayer, Belchertown, Bourne, Harvard, Sandwich, Shirley, Sunderland, and Wrentham, Massachusetts[11]
  • Towns of Groton, Mansfield, and Southbury, Connecticut[12]
  • El Paso County, Colorado[13]
  • Honolulu County, Hawaii[14]
  • Elmore County, Idaho[15]

After August 1984[edit]

  • City of Fairfax, Virginia (including City of Fairfax School Board)[16]
  • Frederick County, Virginia (including Frederick County School Board; Towns of Middletown and Stephens City; and Frederick County Shawneeland Sanitary District)[17]
  • Shenandoah County, Virginia (including Shenandoah County School Board; Towns of Edinburg, Mount Jackson, New Market, Strasburg, Toms Brook, and Woodstock; Stoney Creek Sanitary District; and Toms Brook-Maurertown Sanitary District)[18]
  • Roanoke County, Virginia (including Roanoke County School Board and Town of Vinton)[19]
  • City of Winchester, Virginia[20]
  • City of Harrisonburg, Virginia (including Harrisonburg City School Board)[21]
  • Rockingham County, Virginia (including Rockingham County School Board and Towns of Bridgewater, Broadway, Dayton, Elkton, Grottoes, Mt. Crawford, and Timberville)[22]
  • Warren County, Virginia (including Warren County School Board and Town of Front Royal)[23]
  • Greene County, Virginia (including Greene County School Board and Town of Standardsville)[24]
  • Pulaski County, Virginia (including Pulaski County School Board and Towns of Pulaski and Dublin)[25]
  • Augusta County, Virginia (including Augusta County School Board and Town of Craigsville)[26]
  • City of Salem, Virginia[27]
  • Botetourt County, Virginia (including Botetourt County School Board and Towns of Buchanan, Fincastle, and Troutville)[28]
  • Essex County, Virginia (including Essex County School Board and Town of Tappahannock)[29]
  • Middlesex County, Virginia (including Middlesex County School Board and Town of Urbanna)[30]
  • Amherst County, Virginia (including Town of Amherst)[31]
  • Page County, Virginia (including Page County School Board and Towns of Luray, Stanley, and Shenandoah)[32]
  • Washington County, Virginia (including Washington County School Board and Towns of Abington, Damascus, and Glade Spring)[33]
  • Northwest Austin Municipal Utility District Number One, Texas[34]
  • City of Kings Mountain, North Carolina[35]
  • City of Sandy Springs, Georgia[36]
  • Jefferson County Drainage District Number Seven, Texas[37]
  • Alta Irrigation District, California[38]
  • City of Manassas Park, Virginia[39]
  • Rappahannock County, Virginia (including Rappahannock County School Board and Town of Washington)[40]
  • Bedford County, Virginia (including Bedford County School Board)[41]
  • City of Bedford, Virginia[42]
  • Culpeper County, Virginia (including Culpeper County School Board and Town of Culpeper)[43]
  • James City County, Virginia (including Williamsburg-James City County School Board)[44]
  • City of Williamsburg, Virginia[45]
  • King George County, Virginia (including King George County School District)[46]
  • Prince William County, Virginia (including Prince William County School District and Towns of Dumfries, Haymarket, Occoquan, and Quantico)[47]
  • City of Pinson, Alabama[48]
  • Wythe County, Virginia (including Wythe County School Board and Towns of Rural Retreat and Wytheville)[49]
  • Grayson County, Virginia (including Grayson County School Board and Towns of Fries, Independence, and Troutdale)[50]
  • Merced County, California (including approximately 84 subjurisdictions)[51]
  • Craig County, Virginia (including Craig County School District and Town of New Castle)[52]
  • Carroll County, Virginia (including Carroll County School District and Town of Hillsville)[53]

Jurisdictions bailed into coverage[edit]

Courts may "bail in" non-covered jurisdictions and require them to submit some or all of their voting changes for preclearance. The preclearance requirements for these "bailed in" jurisdictions were unaffected by the Supreme Court's ruling in Shelby County v. Holder. The following jurisdictions have been bailed into coverage under Section 3(c) of the Voting Rights Act:[5][54]

Jurisdictions encompassed by the Section 203 bilingual elections requirement[edit]

The following jurisdictions are subject to the Section 203 bilingual elections requirement:[73]

Alaska[edit]

Arizona[edit]

California[edit]

In addition to the jurisdictions enumerated below, California has state coverage for the Hispanic Language Minority Group.[74]

Colorado[edit]

Connecticut[edit]

Florida[edit]

In addition to the jurisdictions enumerated below, Florida has state coverage for the Hispanic Language Minority Group.

Georgia[edit]

Hawaii[edit]

Idaho[edit]

Illinois[edit]

Iowa[edit]

Kansas[edit]

Maryland[edit]

Massachusetts[edit]

Michigan[edit]

Mississippi[edit]

Nebraska[edit]

Nevada[edit]

New Jersey[edit]

New Mexico[edit]

New York[edit]

Oklahoma[edit]

Pennsylvania[edit]

Rhode Island[edit]

Texas[edit]

In addition to the jurisdictions enumerated below, Texas has state coverage for the Hispanic Language Minority Group.

Utah[edit]

Virginia[edit]

Washington[edit]

Wisconsin[edit]

References[edit]

Public Domain This article incorporates text from this source, which is in the public domain: [5]

  1. ^ Public Domain One or more of the preceding sentences incorporates text from this source, which is in the public domain: "Section 4 of the Voting Rights Act". U.S. Department of Justice. Retrieved June 25, 2013.
  2. ^ "Section 5 Covered Jurisdictions". U.S. Department of Justice. Retrieved 8 December 2013.
  3. ^ 28 Code of Federal Regulations, Part 51 Appendix Archived 2013-12-11 at the Wayback Machine
  4. ^ "Section 4 of the Voting Rights Act: Jurisdictions Currently Bailed Out". U.S. Department of Justice. Retrieved 8 December 2013.
  5. ^ a b c "Brief for the Federal Respondent, Shelby County v. Holder, 2013 United States Supreme Court Briefs No. 12-96" (PDF). Appendices A & B: U.S. Department of Justice. pp. 99–108. Retrieved 8 December 2013.
  6. ^ Wake Cnty. v. United States, No. 1198-66 (D.D.C. Jan. 23, 1967)
  7. ^ New Mexico v. United States, No. 76-0067 (D.D.C. July 30, 1976)
  8. ^ Maine v. United States, No. 75-2125 (D.D.C. Sept. 17, 1976)
  9. ^ Choctaw and McCurtain Cntys. v. United States, No. 76-1250 (D.D.C. May 12, 1978)
  10. ^ Campbell Cnty. v. United States, No. 82-1862 (D.D.C. Dec. 17, 1982)
  11. ^ Massachusetts v. United States, No. 83-0945 (D.D.C. Sept. 29, 1983)
  12. ^ Connecticut v. United States, No. 83-3103 (D.D.C. June 21, 1984)
  13. ^ Board of Cnty. Comm'rs v. United States, No. 84-1626 (D. [101] D.C. July 30, 1984)
  14. ^ Waihee v. United, States, No. 84-1694 (D.D.C. July 31, 1984)
  15. ^ Idaho v. United States, No. 82-1778 (D.D.C. July 31, 1984)
  16. ^ City of Fairfax v. Reno, No. 97-2212 (D.D.C. Oct. 21, 1997)
  17. ^ Frederick Cnty. v. Reno, No. 99-941 (D.D.C. Sept. 10, 1999)
  18. ^ Shenandoah Cnty. v. Reno, No. 99-992 (D.D.C. Oct. 15, 1999)
  19. ^ Roanoke Cnty. v. Reno, No. 00-1949 (D.D.C. Jan. 24, 2001)
  20. ^ City of Winchester v. Reno, No. 00-3073 (D.D.C. June 1, 2001)
  21. ^ City of Harrisonburg v. Reno, No. 02-289 (D.D.C. Apr. 17, 2002)
  22. ^ Rockingham Cnty. v. Reno, No. 02-391 (D.D.C. May 24, 2002)
  23. ^ Warren Cnty. v. Ashcroft, No. 02-1736 (D.D.C. Nov. 26, 2002)
  24. ^ Greene Cnty. v. Ashcroft, No. 03-1877 (D.D.C. Jan. 19, 2004)
  25. ^ Pulaski Cnty. v. Gonzales, No. 05-1265 (D.D.C. Sept. 27, 2005)
  26. ^ Augusta Cnty. v. Gonzales, No. 05-1885 (D.D.C. Nov. 30, 2005)
  27. ^ City of Salem v. Gonzales, No. 06-977 (D.D.C. July 27, 2006)
  28. ^ Botetourt Cnty. v. Gonzales, No. 06-1052 (D.D.C. Aug. 28, 2006)
  29. ^ Essex Cnty. v. Gonzales, No. 06-1631 (D.D.C. Jan. 31, 2007)
  30. ^ Middlesex Cnty. v. Gonzales, No. 07-1485 (D.D.C. Jan. 7, 2008)
  31. ^ Amherst Cnty. v. Mukasey, No. 08-780 (D.D.C. Aug. 13, 2008)
  32. ^ Page Cnty. v. Mukasey, No. 08-1113 (D.D.C. Sept. 15, 2008)
  33. ^ Washington Cnty. v. Mukasey, No. 08-1112 (D.D.C. Sept. 23, 2008)
  34. ^ Northwest Austin Mun. Util. Dist No. One v. Mukasey, No. 06-1384 (D.D.C. Nov. 3, 2009)
  35. ^ City of Kings Mountain v. Holder, 746 F. Supp. 2d 46 (D.D.C. Oct. 22, 2010)
  36. ^ City of Sandy Springs v. Holder, No. 10-1502 (D.D.C. Oct. 26, 2010)
  37. ^ Jefferson Cnty. Drainage Dist No. Seven v. Holder, No. 11-461 (D.D.C. June 6, 2011)
  38. ^ Alta Irrigation Dist. v. Holder, No. 11-758 (D.D.C. July 15, 2011)
  39. ^ City of Manassas Park v. Holder, C.A. No. 11-749 (D.D.C. Aug. 3, 2011)
  40. ^ Rappahannock Cnty. v. Holder, C.A. No. 11-1123 (D.D.C. Aug. 9, 2011)
  41. ^ Bedford Cnty. v. Holder, No. 11-499 (D.D.C. Aug. 30, 2011)
  42. ^ City of Bedford v. Holder, No. 11-473 (D.D.C. Aug. 31, 2011)
  43. ^ Culpeper Cnty. v. Holder, No. 11-1477 (D.D.C. Oct. 3, 2011)
  44. ^ James City Cnty. v. Holder, No. 11-1425 (D.D.C. Nov. 9, 2011)
  45. ^ City of Williamsburg v. Holder, No. 11-1415 (D.D.C. Nov. 28, 2011)
  46. ^ King George Cnty. v. Holder, No. 11-2164 (D.D.C. April 5, 2012)
  47. ^ Prince William Cnty. v. Holder, No. 12-14 (D.D.C. April 10, 2012)
  48. ^ City of Pinson v. Holder, No. 12-255 (D.D.C. April 20, 2012)
  49. ^ Wythe Cnty. v. Holder, No. 12-719 (D.D.C. June 18, 2012)
  50. ^ Grayson Cnty. v. Holder, No. 12-718 (D.D.C, July 20, 2012)
  51. ^ Merced Cnty. v. Holder, No. 12-354 (D.D.C. Aug. 31, 2012)
  52. ^ Craig Cnty. v. Holder, No. 12-1179 (D.D.C. Nov. 29, 2012)
  53. ^ Carroll Cnty. v. Holder, No. 12-1166 (D.D.C. Nov. 30, 2012)
  54. ^ Crum, Travis (2010). "The Voting Rights Act's Secret Weapon: Pocket Trigger Litigation and Dynamic Preclearance". The Yale Law Journal. 119. Archived from the original on 30 August 2013. Retrieved 27 August 2013.
  55. ^ United States v. Thurston Cnty., C.A. No. 78-0-380 (D. Neb. May 9, 1979)
  56. ^ McMillan v. Escambia Cnty., C.A. No. 77-0432 (N.D. Fla. Dec. 3, 1979)
  57. ^ Woodring v. Clarke, C.A. No. 80-4569 (S.D. Ill. Oct. 31, 1983)
  58. ^ N.A.A.C.P. v. Gadsden City Sch. Bd., 589 F. Supp. 953 (N.D. Fla. Mar. 6, 1984)
  59. ^ Sanchez v. Anaya, C.A. No. 82-0067M (D.N.M. Dec. 17, 1984)
  60. ^ United States v. McKinley Cnty., No. 86-0029-C (D.N.M. Jan. 13, 1986)
  61. ^ United States v. Sandoval Cnty., C.A. No. 88-1457-SC (D.N.M. May 17, 1990)
  62. ^ Brown v. Board of Comm'rs of City of Chattanooga, No. CIV-1-87-388 (E.D. Tenn. Jan. 18, 1990)
  63. ^ Cuthair v. Montezuma-Cortez Sch. Dist. No. RE-1, No. 89-C-964 (D. Col. Apr. 8, 1990
  64. ^ Jeffers v. Clinton, 740 F. Supp. 585 (E.D. Ark. May 16, 1990), appeal dismissed, 498 U.S. 1129 (1991)
  65. ^ Garza & United States v. Los Angeles Cnty., C.A. Nos. CV 88-5143 KN (Ex) and CV 88-5435 KN (Ex) (CD. Cal. Apr. 26, 1991)
  66. ^ United States v. Cibola Cnty., C.A. No. 93-1134-LH/LFG (D.N.M. Apr. 21, 1994)
  67. ^ United States v. Socorro Cnty., C.A. No. 93-1244-JP (D.N.M. Apr. 11, 1994)
  68. ^ United States v. Alameda Cnty., C.A. No. C 95-1266 (SAW) (N.D. Cal. Jan. 22, 1996)
  69. ^ United States v. Bernalillo Cnty., C.A. No. 93-156-BB/LCS (D.N.M. Apr. 22, 1998)
  70. ^ Kirke v. Buffalo Cnty., C.A. No. 03-CV-3011 (D.S.D. Feb. 10, 2004)
  71. ^ Blackmoon v. Charles Mix Cnty., C.A. No. 05-CV-4017 (D.S.D. Dec. 4, 2007)
  72. ^ United States v. Village of Port Chester, C.A. No. 06-CV-15173 (S.D.N.Y. Dec. 22, 2006)
  73. ^ Public Domain One or more of the preceding sentences incorporates text from this source, which is in the public domain: "Section 203 of the Voting Rights Act: Covered Areas for Voting Rights Bilingual Election Materials" (PDF). United States Census Bureau. Retrieved May 11, 2020.
  74. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac "Covered Areas for Voting Rights Bilingual Election Materials—2015", Voting Rights Act Amendments of 2006, Determinations Under Section 203, Federal Register, retrieved October 13, 2020, A Notice by the Census Bureau on 12/05/2016
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