Section 3(c) of the Voting Rights Act of 1965

E294103

Section 3(c) of the Voting Rights Act of 1965 is a “bail-in” provision that allows federal courts to place jurisdictions with proven intentional voting discrimination under preclearance requirements for changes to their election laws.

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Label Occurrences
Section 3(c) of the Voting Rights Act of 1965 canonical 1

Statements (46)

Predicate Object
instanceOf bail-in provision
provision of federal statute
aimsToProtect racial and language minority voters
allows tailored preclearance coverage by court order
time-limited preclearance coverage
appliesTo political subdivisions
states
authorizes federal court bail-in of jurisdictions
imposition of preclearance requirements
characterizedAs case-by-case preclearance mechanism
constitutionalBasis Fifteenth Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
covers changes in prerequisites to voting
changes in standards, practices, or procedures with respect to voting
changes in voting qualifications
distinctFrom geographic coverage formula of Section 4(b)
enactedBy United States Congress
enactmentDate 1965-08-06
enforcementActor United States Department of Justice
federal courts
jurisdiction United States of America
surface form: United States
legalCitation 52 U.S.C. § 10302(c)
legalEffect shifts burden to jurisdiction to prove non-discrimination for covered changes
legalMechanism bail-in
legalStandard intentional discrimination
notAffectedBy invalidation of Section 4(b) coverage formula in Shelby County v. Holder
partOf Voting Rights Act of 1965
policyGoal deter intentional discrimination in voting
prevent future discriminatory voting changes
previousCitation 42 U.S.C. § 1973a(c)
purpose to address intentional voting discrimination
to subject certain jurisdictions to preclearance
relationshipToSection5 provides alternative path to preclearance coverage
remedyType equitable relief
requires court order specifying covered practices and duration
judicial finding of constitutional violation in voting
requiresPreclearanceFrom United States Attorney General
surface form: Attorney General of the United States

United States District Court for the District of Columbia
scope prospective regulation of election law changes
signedIntoLawBy Lyndon B. Johnson
survivedDecision Shelby County v. Holder
triggerCondition finding of intentional discrimination in voting
violation of the Fifteenth Amendment
violation of the Fourteenth Amendment
typeOfRelief structural injunction
usedIn post-2013 voting rights litigation

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Section 4(b) relatedTo Section 3(c) of the Voting Rights Act of 1965
subject surface form: Section 4(b) of the Voting Rights Act of 1965