List of jurisdictions subject to the special provisions of the Voting Rights Act of 1965

Map depicting states and counties encompassed by the Act's coverage formula in January 2008 (excluding bailed-out jurisdictions)
States and counties encompassed by the Act's coverage formula in January 2008 (excluding bailed-out jurisdictions). Several counties subsequently bailed out, but the majority of the map accurately depicts covered jurisdictions before the Supreme Court's decision in Shelby County v. Holder (2013), which declared the coverage formula unconstitutional.

The following jurisdictions in the United States are or have been subject to the special provisions of the Voting Rights Act of 1965. Jurisdictions encompassed by the coverage formula contained in Section 4(b) are called "covered jurisdictions"; covered jurisdictions are subject to preclearance under Section 5. Covered jurisdictions may "bail out" of coverage, while non-covered jurisdictions may be "bailed in" to coverage. The Act's bilingual assistance provision is independent of the other special provisions, and jurisdictions encompassed by this provision are listed separately.

Coverage formula

The coverage formula, contained in Section 4(b) of the Act, determines which states are subject to preclearance. As enacted in 1965, the first element in the formula was whether, on November 1, 1964, the state or a political subdivision of the state maintained a "test or device" restricting the opportunity to register and vote. The Act's definition of a "test or device" included such requirements as the applicant being able to pass a literacy test, establish that he or she had good moral character, or have another registered voter vouch for his or her qualifications. The second element of the formula would be satisfied if the Director of the Census determined that less than 50 percent of persons of voting age were registered to vote on November 1, 1964, or that less than 50 percent of persons of voting age voted in the presidential election of November 1964. In 1970, Congress recognized the continuing need for the special provisions of the Act, which were due to expire that year, and renewed them for another five years. It added a second prong to the coverage formula, identical to the original formula except that it referenced November 1968 as the relevant date for the maintenance of a test or device and the levels of voter registration and electoral participation. In 1975, the Act's special provisions were extended for another seven years, and were broadened to address voting discrimination against members of "language minority groups," which were defined as persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." As before, Congress expanded the coverage formula, based on the presence of tests or devices and levels of voter registration and participation as of November 1972. In addition, the 1965 definition of "test or device" was expanded to include the practice of providing any election information, including ballots, only in English in states or political subdivisions where members of a single language minority constituted more than five percent of the citizens of voting age. In 1982, the coverage formula was extended again, this time for 25 years, but no changes were made to it. In 2006, the coverage formula was again extended for 25 years. In Shelby County v. Holder (2013), the Supreme Court of the United States struck down the coverage formula as unconstitutional, meaning that no jurisdiction is currently subject to preclearance under the coverage formula.

Jurisdictions encompassed by coverage formula

All counties and municipalities within a covered state are covered unless they have bailed out; counties and municipalities covered by virtue of being within a covered state are not included in this list. The following jurisdictions were encompassed by the coverage formula before the Supreme Court announced its decision.

1965

The following jurisdictions were brought into coverage under the original coverage formula contained within the unrevised Voting Rights Act of 1965:[citation needed]

1970

The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1970:[citation needed]

1975

The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1975:[citation needed]

Jurisdictions bailed out of coverage

Covered jurisdictions may have their coverage terminated by succeeding in a "bail out" action in court. Effective August 5, 1984, the bail out provision was liberalized, allowing more jurisdictions to bail out of coverage. The following jurisdictions have bailed out of coverage:

Before August 1984

  • Wake County, North Carolina
  • Curry, McKinley, and Otero Counties, New Mexico
  • Towns of Cadwell, Limestone, Ludlow, Nashville, Reed, Woodland, Connor, New Gloucester, Sullivan, Winter Harbor, Chelsea, Sommerville, Carroll, Charleston, Webster, Waldo, Beddington, and Cutler, Maine
  • Choctaw and McCurtain Counties, Oklahoma
  • Campbell County, Wyoming
  • Towns of Amherst, Ayer, Belchertown, Bourne, Harvard, Sandwich, Shirley, Sunderland, and Wrentham, Massachusetts
  • Towns of Groton, Mansfield, and Southbury, Connecticut
  • El Paso County, Colorado
  • Honolulu County, Hawaii
  • Elmore County, Idaho

After August 1984

  • City of Fairfax, Virginia (including City of Fairfax School Board)
  • Frederick County, Virginia (including Frederick County School Board; Towns of Middletown and Stephens City; and Frederick County Shawneeland Sanitary District)
  • Shenandoah County, Virginia (including Shenandoah County School Board; Towns of Edinburg, Mount Jackson, New Market, Strasburg, Toms Brook, and Woodstock; Stoney Creek Sanitary District; and Toms Brook-Maurertown Sanitary District)
  • Roanoke County, Virginia (including Roanoke County School Board and Town of Vinton)
  • City of Winchester, Virginia
  • City of Harrisonburg, Virginia (including Harrisonburg City School Board)
  • Rockingham County, Virginia (including Rockingham County School Board and Towns of Bridgewater, Broadway, Dayton, Elkton, Grottoes, Mt. Crawford, and Timberville)
  • Warren County, Virginia (including Warren County School Board and Town of Front Royal)
  • Greene County, Virginia (including Greene County School Board and Town of Standardsville)
  • Pulaski County, Virginia (including Pulaski County School Board and Towns of Pulaski and Dublin)
  • Augusta County, Virginia (including Augusta County School Board and Town of Craigsville)
  • City of Salem, Virginia
  • Botetourt County, Virginia (including Botetourt County School Board and Towns of Buchanan, Fincastle, and Troutville)
  • Essex County, Virginia (including Essex County School Board and Town of Tappahannock)
  • Middlesex County, Virginia (including Middlesex County School Board and Town of Urbanna)
  • Amherst County, Virginia (including Town of Amherst)
  • Page County, Virginia (including Page County School Board and Towns of Luray, Stanley, and Shenandoah)
  • Washington County, Virginia (including Washington County School Board and Towns of Abington, Damascus, and Glade Spring)
  • Northwest Austin Municipal Utility District Number One, Texas
  • City of Kings Mountain, North Carolina
  • City of Sandy Springs, Georgia
  • Jefferson County Drainage District Number Seven, Texas
  • Alta Irrigation District, California
  • City of Manassas Park, Virginia
  • Rappahannock County, Virginia (including Rappahannock County School Board and Town of Washington)
  • Bedford County, Virginia (including Bedford County School Board)
  • City of Bedford, Virginia
  • Culpeper County, Virginia (including Culpeper County School Board and Town of Culpeper)
  • James City County, Virginia (including Williamsburg-James City County School Board)
  • City of Williamsburg, Virginia
  • King George County, Virginia (including King George County School District)
  • Prince William County, Virginia (including Prince William County School District and Towns of Dumfries, Haymarket, Occoquan, and Quantico)
  • City of Pinson, Alabama
  • Wythe County, Virginia (including Wythe County School Board and Towns of Rural Retreat and Wytheville)
  • Grayson County, Virginia (including Grayson County School Board and Towns of Fries, Independence, and Troutdale)
  • Merced County, California (including approximately 84 subjurisdictions)
  • Craig County, Virginia (including Craig County School District and Town of New Castle)
  • Carroll County, Virginia (including Carroll County School District and Town of Hillsville)

Jurisdictions bailed into coverage

Courts may "bail in" non-covered jurisdictions and require them to submit some or all of their voting changes for preclearance. The preclearance requirements for these "bailed in" jurisdictions were unaffected by the Supreme Court's ruling in Shelby County v. Holder. The following jurisdictions have been bailed into coverage under Section 3(c) of the Voting Rights Act:

  • Thurston County, Nebraska
  • Escambia County, Florida
  • Alexander County, Illinois
  • Gadsden County School District, Florida
  • State of New Mexico
  • McKinley County, New Mexico
  • Sandoval County, New Mexico
  • City of Chattanooga, Tennessee
  • Montezuma-Cortez School District RE-1, Colorado
  • State of Arkansas
  • Los Angeles County, California
  • Cibola County, New Mexico
  • Socorro County, New Mexico
  • Alameda County, California
  • Bernalillo County, New Mexico
  • Buffalo County, South Dakota
  • Charles Mix County, South Dakota
  • Village of Port Chester, New York

Jurisdictions encompassed by the Section 203 bilingual elections requirement

The following jurisdictions are subject to the Section 203 bilingual elections requirement:

Alaska

Arizona

California

In addition to the jurisdictions enumerated below, California has state coverage for the Hispanic Language Minority Group.

Colorado

Connecticut

Florida

In addition to the jurisdictions enumerated below, Florida has state coverage for the Hispanic Language Minority Group.

Georgia

Hawaii

Idaho

Illinois

Iowa

Kansas

Maryland

Massachusetts

Michigan

Mississippi

Nebraska

Nevada

New Jersey

New Mexico

New York

Oklahoma

Pennsylvania

Rhode Island

Texas

In addition to the jurisdictions enumerated below, Texas has state coverage for the Hispanic Language Minority Group.

Utah

Virginia

Washington

Wisconsin


This page was last updated at 2024-02-14 23:33 UTC. Update now. View original page.

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