Congressman Jack Kingston - First District of Georgia

Contact: Legislative Staff

Washington, Jun 22, 2009 - The Supreme Court today ruled, with one dissenting vote, that a Texas water district is exempt from Section 5 of the Voting Rights Act but did not address the constitutionality of the overall measure.  The ruling said that a utility district based in Austin, Texas can opt out of getting advance approval for changing the way elections are conducted. Section 5 of the Voting Rights Act requires that only certain states of jurisdictions pre-approve through the Department of Justice any change to voting procedures or districts.  Georgia is one of the few states caught under this rule. Justice Clarence Thomas, the lone African-American on the court, indicated that he was ready to void the advance notice provision saying, "the violence, intimidation and subterfuge that led Congress to pass Section 5 and this court to uphold it no longer remains."   Chief Justice Roberts, however, said whether civil rights gains have made advance approval unnecessary "is a difficult constitutional question we do not answer today." You may recall earlier this month that the Department of Justice overturned a Georgia law which created a statewide database to identify voters and verify their citizenship using Section 5 of the VRA.  Jack joined with Georgia's GOP delegation in slamming the partisan decision.  To view the release, click here. To read the Court's decision, click here.