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Rappahannock County, Rappahannock County, Virginia, Bails Out from Voting Rights Act
WASHINGTON – In a shocking move, Rappahannock County, Virginia, has agreed to bail out from its status as a covered jurisdiction under the special provisions of the Voting Rights Act, according to a Justice Department press release. As a result, the county and its two political subdivisions, the Rappahannock County School District and the town of Washington, will be exempt from the preclearance requirements of Section 5 of the Voting Rights Act.
Under Section 5 of the Voting Rights Act, certain covered jurisdictions, determined according to Section 4 of the act, are required to seek preclearance for any changes in voting qualifications, standards, practices or procedures from the U.S. District Court for the District of Columbia or from the U.S. Attorney General, prior to their implementation. Section 4 of the act provides that a covered jurisdiction may seek to “bail out,” or remove itself from such coverage, and therefore be exempted from the preclearance requirements, by seeking a declaratory judgment before a three-judge panel in U.S. District Court for the District of Columbia.
Rappahannock County filed its bailout action in the U.S. District Court for the District of Columbia on June 17, 2011. Counsel for the county contacted the attorney general prior to filing the action, indicating that the county was interested in seeking a bailout. The county provided the Justice Department with substantial information, and the department conducted an investigation to determine the county’s eligibility. Based on that investigation, the department is satisfied that the county meets the Voting Rights Act’s requirements for bailout.
“In this case, the department carefully evaluated the information provided by the county and conducted its own investigation, which has satisfied us that the county is eligible for a bailout,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “I appreciate the cooperation of county officials in providing the department with the information requested, and in moving toward a resolution of this matter in the way envisioned by the Voting Rights Act.”
The consent decree details the legal and factual basis for a bailout determination and, if approved by the court, will grant the county’s request. The court will retain jurisdiction of the action for 10 years and can reopen the action upon the motion of the attorney general or any aggrieved person alleging conduct by the county that would have originally precluded the county from bailing out if it had occurred during the 10-year period preceding entry of the consent decree.
Information about bailout, the Voting Rights Act, and other federal voting laws is available on the Justice Department website at www.justice.gov/crt/voting/. Complaints may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Mandatory facts: Defendant Name: Rappahannock County; EXACT criminal charges: Bailout from Voting Rights Act; City and state: Rappahannock County, Virginia; EXACT DATE: June 17, 2011; Sentence or outcome: Eligible for bailout; Dollar amounts: N/A.
Key Facts
- State: Washington
- Category: Public Corruption
- Source: DOJ Press Release â†â€â€
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