“It ALSO means that states can now require voter ID WITHOUT seeking permission from the DoJ.”
Are you sure about that? It sounded to me like they still have to get approval, but that Congress must update the formula which determines which states much seek approval.
“It ALSO means that states can now require voter ID WITHOUT seeking permission from the DoJ.”
Are you sure about that? It sounded to me like they still have to get approval, but that Congress must update the formula which determines which states much seek approval.
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I’ll jump in here. The states & localities can make the changes without DOJ approval—but DOJ can still challenge them in court. But the onus will be on DOJ now and the state/locality change will go into effect unless a court decides to delay or stop it. In other words, these previously “constrained” localities are now just like any other American voting jurisdiction now—and Eric Holder is furious!!
Since there is now no formula for determining who is covered by Section 5, at this point in time, no one is covered by Section 5. Unless and until Congress creates a new set of criteria to identify those who fall under Section 5 (and those criteria must be based on current conditions), no one is required to get pre-clearance. Now, the DoJ can still sue after the fact if they think a state makes a change that is discriminatory, but the burden of proof is now on the DoJ, not on the states.