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Brigham Young University

Brigham Young University Prelaw Review

2023

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The Weakening Of The Voting Rights Act: A Proposal For Modernizing Preclearance, Breannan Perez Apr 2023

The Weakening Of The Voting Rights Act: A Proposal For Modernizing Preclearance, Breannan Perez

Brigham Young University Prelaw Review

The Voting Rights Act of 1965 was passed more than 58 years ago. However, despite its attempt to identity and address discrimination, many of its safeguards have been struck down by the Court. In fact, Section 4b aimed to eliminate voting procedures that were discriminatory in effect, but has since been deemed as unconstitutional. Such a ruling has weakened the VRA and has burdened minority voters. This article proposes a modernized preclearance formula that considers states’ voting rights violations and current voting data. Such a proposal is necessary as a disregard of any voter is a threat to the integrity …