To get it right the first time, the staff encourages registrants to preclear
unusual or complex accounting issues.
Applying these criteria to the North Carolina plan, the court found a compelling interest, both under section 5, since the Department of Justice had refused to preclear
a plan with only one majority-black district, and under section 2, since the preconditions laid out in Gingles had been met (Thornburg v.
(116) Issacharoff proposes a similarly administrative, race-neutral solution that would require states to disclose any voting changes, but not to preclear
those changes as required under section (5).
(8) Section 5, widely considered the key piece of the VRA, requires that certain localities "preclear
" changes in voting through an administrative decision of the Department of Justice (DOJ) or a declaratory judgment from the federal district court for the District of Columbia.
A person becomes aware of this spiritual dimension through a process known as "auditing." Auditing involves a one-to-one encounter between a participant (known as a "preclear
") and a Church official (known as an "auditor").
Suits brought under Section 5 of the Voting Rights Act present the first context in which the census adjustment controversy will arise in court.(112) Certain jurisdictions with a history of voting rights violations against racial and "language" minorities must "preclear
" laws related to voting, including redistricting plans, with the Department of Justice or the U.S.
Department of Justice preclear
state laws that affect voting in states - like Texas - with a history of racial discrimination.
The provision requires nine states and parts of 17 others with persistent histories of voting discrimination to "preclear
" any changes to election laws with the Department of Justice.
requires certain "covered jurisdictions" to preclear
With the amendments, jurisdictions covered have to preclear
election law changes made since November 1, 1968, and are subject to assignment of federal examiners and election observers.
Similarly, large-scale policy decisions, such as DOJ's much maligned "max-black" policy of the early 1990s, should not be defined as "partisan." Instead, the only types of decisions we should consider to be truly partisan are decisions regarding individual law enforcement actions--a decision to file a particular lawsuit, a decision to send federal observers to a particular election in a particular place, a decision to preclear
a particular redistricting plan, a decision to send an advisory letter to a particular jurisdiction.
Smith,(47) for example, the District of Columbia District Court refused to preclear
Georgia's 1981 congressional apportionment, which failed to draw a majority-black district in the heavily black Atlanta metropolitan region.