
          The Department of Justice: 
Enforcing the Voting_Rights_Act
          By Hodgkiss, AnitaAnita Hodgkiss
          Vol. 22, No. 4, 2000 pp. 11-12
          
          The U.S. Department of Justice (DOJ) has the authority to take steps to protect voting_rights when election district lines are changed. The Department can file a lawsuit in court under Section 2 of the Voting_Rights_Act to challenge racially discriminatory districts anywhere in the country. In certain states and local jurisdictions (see box on page 16), covered by Section_5 of the Voting_Rights_Act, all changes in laws affecting voting, including redistricting plans, must be submitted to DOJ or to the District Court for the D.C. Circuit, to be reviewed before they can be put into practice. DOJ has sixty days to review redistricting plans submitted under Section_5. The Department will then either grant "preclearance" giving the state or local jurisdiction the go ahead to implement the change, or the Department will object to a redistricting plan if it has the purpose or effect of making minority voters worse off. When DOJ objects to a plan, it does so by writing a letter to the jurisdiction, outlining the reasons why the new plan makes minority voters worse off. (Recent objection letters are available through the Department's website at: www.usdoj.gov/crt/voting/sec_5/obj_activ.htm.)
          The DOJ's role comes fairly late in the redistricting process, after a redistricting plan already has been adopted by a state legislature or local governing body. The Department does not introduce redistricting plans in the state legislatures. Similarly, DOJ does not take a position on what redistricting plan should be adopted by any jurisdiction, unless they are parties to a matter that is in litigation.
          In addition, it is not the role of the DOJ to object to new redistricting plans if the districts are oddly shaped. In reviewing redistricting plans under Section_5, the Attorney_General may not deny preclearance on the grounds that the new plan violates the one-person, one-vote principle, that it violates Shaw v. Reno, or on the ground that it violates Section 2 of the Voting_Rights_Act.
          
            When to Contact the Department of
Justice?
          
           • Contact DOJ if you believe that community groups or citizens are not being given an opportunity to participate appropriately in the redistricting process because of their race or color, anywhere in the country.
          For example, you should contact DOJ if your state is refusing to
allow representatives of a minority community group to speak at public
hearings on redistricting proposals or to have access to the state's
redistricting computers, when other civic groups are allowed to speak
or use the computers. The Department should examine, under Section 2
of the Voting_Rights_Act, whether purposeful racial discrimination is
occurring and, at a minimum, be aware of concerns about the fairness
of the redistricting process if the jurisdiction is one that must
obtain Section_5 preclearance.
           • Contact DOJ if the redistricting plan passed by your legislature or local jurisdiction is retrogressive and the jurisdiction is covered by Section_5 of the Voting_Rights_Act.
          "Retrogression" is a term the Supreme_Court first used in 1976 to define how discriminatory effect is evaluated under Section_5. With regard to redistricting plans, the Justice_Department evaluates whether a new redistricting plan is retrogressive by comparing it to the benchmark plan. The Department calculates the population data for the benchmark plan using the new 2000 Census data. The racial composition of the benchmark plan is then compared to that of the new redistricting plan submitted by the jurisdiction. Retrogression occurs if the new plan, evaluated together with election history and voting patterns in the jurisdiction, voter_registration, turnout, and other information, reduces minority voting strength.
          The Section_5 guidelines identify a number of factors that DOJ
considers in determining whether a new redistricting plan is
retrogressive when compared with the benchmark plan, including whether
the new plan:
Reduces minority voting strength in any district;Has fewer districts in which minority voters can elect candidates
of choice;Splits minority communities among several districts;Over-concentrates minority voters in one or more districts;Departs from or is inconsistent with objective redistricting criteria set by the jurisdiction;Ignores available natural or artificial boundaries without
explanation.
          If you believe that the new redistricting plan in your jurisdiction
is retrogressive, contact the Department of Justice to request that
the Attorney_General object to the plan under Section_5 of the Voting
Rights Act.
           • Contact DOJ if the redistricting plan passed by your legislature or local jurisdiction is discriminatory, anywhere in the United_States.
          A redistricting plan is discriminatory when it dilutes the voting strength of minority voters and can be challenged under Section 2 of the Voting_Rights_Act. In general, a redistricting plan violates Section 2 when minority voters have less opportunity than other members of the electorate to participate in the political process and to elect candidates of choice to office. 
          Unlike retrogression under Section_5, which requires comparison to
the jurisdiction's benchmark plan, discrimination under Section 2 does
not necessarily require showing that the new plan makes minority
voters worse off than they were under the old plan. 
           • Contact DOJ if the redistricting plan passed by your legislature or local jurisdiction is fair to minority voters and the jurisdiction is covered by Section_5 of the Voting_Rights_Act.
          If you live in a Section_5 jurisdiction, and you believe that the new redistricting plan is fair to minority voters, you can contact the Department of Justice to explain why the Attorney_General should preclear the new plan.
          
            How to Contact DOJ
          
          Call the Civil Rights Division, Voting Section, toll-free at 1-800-253-3931. Letters should be addressed to: Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, D.C. 20035- 6128.
          The Section_5 guidelines provide that comments by individuals or groups concerning any change affecting voting may be sent at any time; however, individuals and groups are encouraged to comment as soon as they learn of the change. Even though DOJ has sixty days to review a redistricting plan, the earlier they have your information, the better. Occasionally, the Department will preclear submissions before the end of the sixty-day review period, where expedited consideration has been requested.
          Department of Justice officials and employees will comply with the request of any individual that his or her identity not be disclosed to any person outside the Department, to the extent permitted by the Freedom of Information Act. In addition, whenever it appears to the Attorney_General that disclosure of the identity of an individual who provided information regarding a change affecting voting "would constitute a clearly unwarranted invasion of personal privacy," the identity of the individual shall not be disclosed to any person outside the Department.
          For more information: The Voting Section of the Civil Rights Division maintains a Website with Section_5 guidelines, summaries of Supreme_Court cases, descriptions of the Section's work and frequently asked questions. The Visit: www.usdoj.gov/crt/voting/index.htm.
          
            Anita Hodgkiss is co-director of  the Voting Rights Project at the Lawyers Committee for Civil Rights Under Law in Washington, D.C.
          
        
