With the 2024 U.S. Presidential Election just around the corner, now is the perfect time to dive into some key voting rights legislation. This week, we're taking a closer look at the John Lewis Voting Rights Advancement Act—examining who John Lewis was, why this bill was introduced, and the potential impact it could have on our electoral system. Whether you're familiar with voting rights issues or just starting to explore them, this legislation could play a crucial role in protecting access to the ballot and ensuring fair elections across the country.
John Lewis: Good Trouble
John Lewis was a pivotal figure in the American civil rights movement, and his commitment of getting into "good trouble" continues to resonate in the struggle for justice and equality across the United States. As a leader in the Freedom Riders during the early 1960s, he bravely challenged segregation in public transportation, often encountering violence and resistance as he and 13 others rode buses across the South. He became the chairman of the Student Nonviolent Coordinating Committee in 1963, where he organized nonviolent protests against racial discrimination. Lewis also played a key role in the 1963 March on Washington, becoming the youngest speaker at the event, where he delivered a passionate speech calling for justice and civil rights alongside Dr. Martin Luther King Jr.
One of the defining moments of Lewis’s activism was "Bloody Sunday" on March 7, 1965, when he led over 600 peaceful protesters across the Edmund Pettus Bridge in Selma, Alabama, advocating for voting rights. The brutal attack by state troopers during this march galvanized national support for civil rights and directly contributed to the passage of the Voting Rights Act of 1965. Lewis’s lifelong dedication to ensuring equitable access to the ballot reflected his belief that democracy was only as strong as the participation of its citizens, particularly marginalized communities.
In his later years, Lewis served for 17 terms in the U.S. House of Representatives, where he continued to champion voting rights, human rights, and social justice. He often spoke about making "good trouble, necessary trouble" to challenge unjust systems, inspiring generations of activists. Recognized for his moral courage, he received the Presidential Medal of Freedom in 2011. John Lewis's ultimate legacy as a fierce advocate for civil rights and voting access is a testament to the power of perseverance and the belief that individuals can drive meaningful change in society.
What led to this bill being proposed?
The John Lewis Voting Rights Advancement Act was proposed in response to two key Supreme Court rulings Shelby County v. Holder (2013) and Brnovich v. Democratic National Committee (2021). These rulings made it harder to challenge voter suppression efforts, prompting advocates and lawmakers to push for legislation to restore federal oversight and strengthen voting rights, particularly for minority communities.
Shelby County v. Holder
In Shelby County v. Holder, the Supreme Court evaluated the constitutionality of Section 4(b) of the Voting Rights Act of 1965, which used a formula to identify areas requiring federal preclearance before changing voting laws due to histories of racial discrimination. This provision was crucial for preventing discriminatory practices, especially in states with a legacy of voter suppression. On June 25, 2013, the Court ruled 5-4 that Section 4(b) was unconstitutional, arguing that the formula relied on outdated data and violated the Equal Protection Clause of the Fourteenth Amendment. The decision effectively dismantled the "preclearance requirement", making it easier for jurisdictions to change voting laws without federal oversight.
The ruling triggered widespread concern that states might enact voter suppression laws (like restrictive voter ID laws and gerrymandering) without federal scrutiny, with the potential to disenfranchise minority populations. Critics of the ruling state that the decision paved the way for a resurgence of discriminatory practices in voting, leading to numerous state laws perceived as restrictive. The case reignited debates about voter suppression and equitable access to the democratic process. In the last few years of his life, Lewis worked tirelessly to get the Voting Rights Advancement Act (proposed in 2015, 2017, and 2019) enacted into law as a response to this ruling.
Brnovich v. Democratic National Committee
In Brnovich v. Democratic National Committee, the Supreme Court considered two Arizona voting laws: one (which was a 1970 law that became law in the state after preclearance requirements we nullified by the Shelby County v. Holder ruling) disqualifying ballots cast in the wrong precinct and another (passed in 2016) banning third-party collection of mail-in ballots, known as "ballot harvesting."
The 1970s-era law that took effect in Arizona was particularly harsh. Arizona leads the nation in rejecting ballots cast in the wrong precinct, as it is especially challenging to do it correctly in Arizona because polling locations in the state frequently change, and Arizona has one of the highest rates of population mobility. The penalty for out-of-precinct voting is extreme: total disenfranchisement. Unlike many other states, Arizona does not count votes for races the voter is eligible for, such as statewide or federal elections. Instead, the entire ballot is discarded, further limiting voter participation.
The Democratic National Committee argued these laws disproportionately affected minority voters and violated Section 2 of the Voting Rights Act, which prohibits voting practices that discriminate on the basis of race. In a 6-3 decision, the Court upheld the laws, ruling they did not impose a significant burden on voters and that Arizona's interest in preventing voter fraud outweighed any adverse effects.
The decision was seen by many as a further weakening of the Voting Rights Act, making it more difficult to challenge voting laws that disproportionately impact minority communities. Critics argued the ruling could embolden states to pass more restrictive voting laws, potentially limiting access to voting for marginalized groups. Supporters, however, believed the decision affirmed states' rights to regulate elections and prevent voter fraud, provided the laws were not explicitly discriminatory.
What is the John Lewis Voting Rights Advancement Act?
The John R. Lewis Voting Rights Advancement Act of 2024 Election Worker and Polling Place Protection Act aims to restore and enhance key provisions of the Voting Rights Act of 1965 that were weakened by Supreme Court rulings like Shelby County v. Holder and Brnovich v. Democratic National Committee. The legislation is cosponsored by 50 U.S. Senators. Bills similar to this has been proposed in 2021 and 2023 but have not received traction in Congress.
The John Lewis Act focuses on modernizing and revamping preclearance by updating the formula used to determine which states and localities need federal approval before changing voting laws. The Act introduces practice-based preclearance, requiring review of certain voting changes, like altering district boundaries or closing polling stations, as these practices often disproportionately affect minority voters. To speed up the process, the Act includes a bailout provision, allowing jurisdictions that have maintained fair voting practices to exit preclearance requirements without a lengthy court process.
The Act also strengthens Section 2 of the Voting Rights Act, particularly in light of Brnovich v. DNC, making it easier for voters to challenge discriminatory laws. It codifies standards for vote dilution, where gerrymandering limits minority voting power, and vote denial, where restrictive policies make voting harder for marginalized groups. Moreover, the bill addresses retrogression, enabling lawsuits against voting changes that are more discriminatory than the rules they replace, thus safeguarding against backsliding on voting rights protections.
Bill sponsor, Senator Reverend Warnock had this to say about the bill, “The John R. Lewis Voting Rights Advancement Act is rightfully named in honor of the late, great Congressman John Lewis. I was Congressman Lewis’ pastor, but he was my mentor and hero because he believed voting is a sacred undertaking that’s about more than a person’s voice, it’s about their humanity. That’s why this legislation is more important than ever because the fight to protect voting rights and voting access for every eligible American remains unfinished, and even worse, so much of the progress Congressman Lewis fought for is being rolled back. I’m proud to reintroduce this legislation with Chair Durbin, and as we work to pass it into law, I look forward to building on John Lewis’ lifetime of service to honor him by protecting the sacred right to vote.”
Impacts of the John Lewis Voting Rights Advancement Act if passed
The passage of the John R. Lewis Voting Rights Advancement Act of 2024 would have far-reaching effects on voting rights across the U.S. Restoring preclearance would be a significant shift, requiring states with histories of voter discrimination to get federal approval before making changes to their voting laws. This measure would serve as a safeguard against discriminatory practices like strict voter ID laws, gerrymandering, and the closure of polling stations, which disproportionately affect minority voters and we have seen increasing in adoption throughout the years.
The Act strengthens the ability to challenge discriminatory laws in court, making it easier for individuals and organizations to take legal action against unjust practices. Another crucial aspect is the protection it offers to election workers and polling places, which have increasingly been the target of harassment. The legislation would provide essential oversight to ensure voting remains accessible and secure, particularly for marginalized communities. By reinforcing existing protections and adapting to current challenges, this bill would help curb voter suppression and promote a more equitable democracy.
Cover Photo by Phil Hearing on Unsplash
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