Section 4(b)

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Section 4(b) is the provision of the Voting Rights Act of 1965 that established the coverage formula used to determine which jurisdictions were subject to federal preclearance before changing their voting laws.

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Statements (47)

Predicate Object
instanceOf statutory provision
aimsToPrevent implementation of discriminatory voting changes without federal review
racial discrimination in voting
alsoKnownAs coverage formula of the Voting Rights Act
appliesTo political subdivisions with specified levels of voting discrimination
states with specified levels of voting discrimination
appliesToJurisdictionsIn United States of America
surface form: United States
authorityOverseenBy United States Attorney General
United States Department of Justice
citation 52 U.S.C. § 10303(b)
constitutionalChallenge Shelby County v. Holder
countryOfJurisdiction United States of America
surface form: United States
criterionIncludes low voter registration rates
low voter turnout rates
use of tests or devices as prerequisites to voting
defines coverage formula for preclearance
effectOfShelbyCountyDecision coverage formula rendered inoperative
enactedBy United States Congress
enactedIn 1965
enforcementMechanism federal preclearance requirement under Section 5
historicalSignificance central mechanism for targeting federal voting rights enforcement
jurisdictionLevel federal law
language English
legalDomain civil rights law
election law
voting rights
legalStatusAfter2013 formally on the books but coverage formula unusable
limitedByDecisionOn June 25, 2013
linkedProvision Section 5 of the Voting Rights Act
surface form: Section 5 of the Voting Rights Act of 1965
measurementFactor percentage of eligible voters registered
percentage of eligible voters who voted
measurementPeriod historical elections prior to enactment
originalCitation 42 U.S.C. § 1973b(b)
partOf Voting Rights Act of 1965
purpose to establish a coverage formula for federal oversight of changes to voting laws
relatedTo Section 2 of the Voting Rights Act of 1965
Section 3(c) of the Voting Rights Act of 1965
requires identification of jurisdictions with a history of voting discrimination
requiresCongressionalActionToRestoreFullEffect yes
requiresCoveredJurisdictionsTo obtain federal approval before changing voting laws
requiresUpdateByCongressForUse post-Shelby County v. Holder
shortName Section 4(b) coverage formula
signedIntoLawBy Lyndon B. Johnson
targets jurisdictions with persistent patterns of racial discrimination in voting
typeOfCoverage geographic coverage based on historical voting data
usedFor determining which jurisdictions are subject to preclearance under Section 5 of the Voting Rights Act
wasHeldUnconstitutionalInPartBy Shelby County v. Holder

Referenced by (1)

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