HB 761

Abstract

Elections; preclearance of certain covered practices required. Requires the governing body of a covered jurisdiction, prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, to either (i) institute an action in the circuit court for the jurisdiction for a declaratory judgment that the covered practice neither has the purpose or effect of denying or abridging the right to vote on account of race or color or membership in a language minority group nor will it result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise or (ii) submit such covered practice to the Office of the Attorney General for issuance of a certification that no objection exists to the enactment or administration by the covered jurisdiction of the covered practice. A covered practice cannot be given effect until the circuit court has entered such judgement or the Attorney General has issued such certification. The bill provides to a covered jurisdiction the right to appeal an objection by the Attorney General and to an aggrieved citizen the right to appeal the Attorney General's issuance of a certification of no objection. A "covered jurisdiction" is defined to mean any county, city, or town that is determined by the Attorney General to have a voting age population that contains two or more racial or ethnic groups, each constituting at least 20 percent of its voting age population. The bill also defines "covered practice."

Elections; preclearance of certain covered practicesrequired. Requires the governing body of any county, city, or town tosubmit, prior to enacting or seeking to administer any voting qualification orprerequisite to voting, or any standard, practice, or procedure with respect tovoting, that is a covered practice, such qualification, prerequisite, standard,practice, or procedure by either (i) instituting an action in the Court of Appealsfor a declaratory judgment that such qualification, prerequisite, standard,practice, or procedure neither has the purpose nor will have the effect ofdenying or abridging the right to vote on account of race or color ormembership in a language minority group or (ii) submitting such qualification,prerequisite, standard, practice, or procedure to the Office of the AttorneyGeneral. No qualification, prerequisite, standard, practice, or procedure thatis a covered practice shall be given effect until (a) the circuit court hasentered such judgment, (b) the Attorney General has not interposed an objectionwithin 60 days of the governing body's submission, or (c) upon good cause shownand to facilitate an expedited approval within 60 days of the governing body'ssubmission, the Attorney General has affirmatively indicated that no suchobjection will be made. The bill is modeled after the Section 5 preclearancerequirement of the Voting Rights Act of 1965, as amended. The bill defines"covered practice" as any change to the method of election in alocality, any change to jurisdiction boundaries, any change to electiondistricts or wards, or any change that reduces, consolidates, or relocatesvoting locations.