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The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting-mostly in the South-were required to "pre-clear" changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting practices and patterns in 1964, 1968, or 1972. At issue in Shelby County was whether Congress exceeded its constitutional authority when it reauthorized the VRA in 2006-with the existing formula-thereby infringing on the rights of the states. In its ruling, the Court struck down Section 4 as outdated and not "grounded in current conditions." As a consequence, Section 5 is intact, but inoperable, unless or until Congress prescribes a new Section 4 formula.
Allegations that widespread voter fraud is threatening to the integrity of American elections and American democracy itself have intensified since the disputed 2000 presidential election. The claim that elections are being stolen by illegal immigrants and unscrupulous voter registration activists and vote buyers has been used to persuade the public that voter malfeasance is of greater concern than structural inequities in the ways votes are gathered and tallied, justifying ever tighter restrictions on access to the polls. Yet, that claim is a myth. In The Myth of Voter Fraud, Lorraine C. Minnite presents the results of her meticulous search for evidence of voter fraud. She concludes that while voting irregularities produced by the fragmented and complex nature of the electoral process in the United States are common, incidents of deliberate voter fraud are actually quite rare. Based on painstaking research aggregating and sifting through data from a variety of sources, including public records requests to all fifty state governments and the U.S. Justice Department, Minnite contends that voter fraud is in reality a politically constructed myth intended to further complicate the voting process and reduce voter turnout. She refutes several high-profile charges of alleged voter fraud, such as the assertion that eight of the 9/11 hijackers were registered to vote, and makes the question of voter fraud more precise by distinguishing fraud from the manifold ways in which electoral democracy can be distorted. Effectively disentangling misunderstandings and deliberate distortions from reality, The Myth of Voter Fraud provides rigorous empirical evidence for those fighting to make the electoral process more efficient, more equitable, and more democratic.
Public Papers of the Presidents of the United States
Originally published in 2000, The Right to Vote was widely hailed as a magisterial account of the evolution of suffrage from the American Revolution to the end of the twentieth century. In this revised and updated edition, Keyssar carries the story forward, from the disputed presidential contest of 2000 through the 2008 campaign and the election of Barack Obama. The Right to Vote is a sweeping reinterpretation of American political history as well as a meditation on the meaning of democracy in contemporary American life.