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County Gets Off Hook on Voting Rights Act Charges
Merced County, CA, has agreed to bailout from its status as a ‘covered jurisdiction’ under the Voting Rights Act, allowing it to exempt itself from preclearance requirements and avoid federal oversight. The agreement was reached with the U.S. government after an investigation into the county’s voting history found it met the necessary eligibility requirements.
Under Section 5 of the Voting Rights Act, certain jurisdictions are required to seek preclearance from the U.S. District Court for the District of Columbia or the U.S. Attorney General for any changes in voting qualifications, standards, practices or procedures. Merced County, along with 84 other political subdivisions in the county, will be exempt from this requirement after the agreement is approved by a federal court.
The county filed its bailout action in the U.S. District Court for the District of Columbia on March 6, 2012, and cooperated fully with the government’s investigation. The U.S. Attorney General, Thomas E. Perez, said the county has met the requirements necessary for bailout and praised the county for its cooperation.
The consent decree, which is in the form of a court filing, details the legal and factual basis for the bailout determination and will be subject to review by the court. The court will retain jurisdiction over the action for 10 years and can reopen the case if the county engages in any conduct that would have originally prevented it from bailing out.
Merced County’s agreement to bailout from the Voting Rights Act has been hailed as a major victory by local officials, who see it as a step towards increased autonomy in the county’s electoral process. However, critics argue that the agreement may undermine the Voting Rights Act’s protections for minority voters.
Information about the Voting Rights Act and other federal voting laws is available on the Justice.gov website. Complaints may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
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Key Facts
- State: Federal
- Category: Public Corruption
- Source: DOJ Press Release ↗
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