Muncie Times, Muncie, Delaware County, 18 August 2005 — Page 10

Page 10 • The Muncie Times • August 18, 2005

continued from page 3 dictions covered by these special provisions could not implement any change affecting voting until the attorney general or the U.St. District Court for the District of Columbia determined that the change did not have a discriminatory purpose and would not have a discriminatory effect. In addition, the attorney general could designate a county covered by these special provisions for the appointment of a federal examiner to review the qualifications of persons who wanted to register to vote. Further, in those counties where a federal examiner was serving, the attorney general could request that federal observers monitor activities within the county's polling place. The Voting Rights Act had not included a provision prohibiting poll taxes, but had directed the attorney general to challenge its use. In Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966), the Supreme Court held Virginia's poll tax to be unconstitutional under the 14th Amendment. Between 1965 and 1969 the Supreme Court also issued several key decisions upholding the constitutionality of Section 5 and affirming the broad range of voting practices that required Section 5 review. As the Supreme Court put it in its 1966 decision upholding the constitutionality of the Act: Congress had found that case-by-case litigation was inadequate to combat wide-spread and persistent discrimination in voting, because of the inordinate amount of time and energy required to overcome the obstructionist tactics invariably encountered in these lawsuits. After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims. South Carolina v. Katzenbach, 383 U.S. 301,327-28 (1966). Back to top The 1970 and 1975

amendments Congress extended Section 5 for 5 years in 1970 andfor 7 years in 1975. With these extensions Congress validated the Supreme Court's broad interpretation of the scope of Section 5. During the hearings on these extensions Congress heard extensive testimony concerning the ways in which voting electorates were manipulated through gerrymandering, annexations, adoption of at-large elections, and other structural changes to prevent newly-regis-tered black voters from effectively using the ballot. Congress also heard extensive testimony about voting discrimination that had been suffered by Hispanic, Asian and Native American citizens, and the 1975 amendments added protections from voting discrimination for language minority citizens. In 1973, the Supreme Court held certain legislative multimember districts unconstitutional under the 14th Amendment on the ground that they systematically diluted the voting strength of minority citizens in Bexar County, Texas. This decision in White v. Regester, 412 U.S. 755 (1973), strongly shaped litigation through the 1970s against at-large systems and gerrymandered redistricting plans. In Mobile v. Bolden, 446 U.S. 55 (1980), however, the Supreme Court required that any constitutional claim of minority vote dilution must include proof of a racially discriminatory purpose, a requirement that was widely seen as making such claims far more difficult to prove. The 1982 amendments Congress renewed in 1982 the special provisions of the Act, triggered by coverage under Section 4 for 25 years. Congress also adopted a new standard, which went into effect in 1985, providing how jurisdictions could terminate (or "bail out" from) coverage under the provisions of Section 4. Furthermore, after extensive hearings, Congress amended Section 2 to provide that a plaintiff could establish a violation of the Section without having to prove discriminatory purpose.

mflRM EXPERTS IN FRESH. W Minnetrista The Star Press Summer Concert Series at Minnestrista Welcomes R&B Artists John Lee Hooker, Jr. & Clarence Dobbins Saturday, Aug. 27th, 7:30 p.m. John Lee Hooker, Jr. was born in Detroit the Motor City with Delta blues-filled blood running through his Motown veins. The remarkable John Lee Hooker, Jr. overcame much adversity to begin a rapid emergence into the blues spotlight. Clarence Dobbins, a dynamic R&B vocalist and accomphshed showman, is known for his high energy stage performances. Regardless of the size of the venue, audiences from all walks of life will get up on their feet and dance the night away with Clarence Dobbins!