PWC Bailed Out of Preclearance Requirement for Elections

The federal government recently granted Prince William County exemption from the requirements of Section 5 of the Voting Rights Act of 1965 by the U.S. District Court.

The Voting Rights Act of 1965 required all jurisdictions in nine states to submit any changes in voting to the U.S. Department of Justice for review prior to implementation.

“This action was taken to help prevent racially motivated disenfranchisement of voters by providing federal oversight of such matters as redistricting and the conduct of elections,” said a press release from the county. “Section 5 preclearance is required for any change potentially affecting voting, no matter how small, including such things as expanding the office hours for voter registration, or changing the names of polling places.”

Officially, the consent judgment and decree by the DOJ was delivered on April 10 and it makes the county the largest local jurisdiction in the nation to be granted exemption. 

Manassas Park obtained its exemption in August 2011.

The DOJ said Section 5 of the Voting Rights Act means a local government would have to get any changes—from moving a polling place, changing polling hours or changing district lines—approved by the federal government.

As part of the process to exempt Prince William County from the law, DOJ attorneys interviewed members of the community and reviewed a significant quantity of evidence, said the county. Some of the requirements included background information, demographic data minutes from the school board and Board of County Supervisor meetings and town meetings.  

Other states requiring preclearance include Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina and Texas.

The City of Fairfax bailed out in 1997.  For a full Virginia jurisdiction bailout list, visit the Department of Justice’s website.