Section 5 of the VRA was enacted to freeze changes in election practices or procedures in covered jurisdictions until the new procedures have been determined, either after administrative review by the Attorney General, or after a lawsuit before the United States District Court for the District of Columbia, to have neither discriminatory purpose or effect. The Attorney General has published detailed procedures that explain Section 5. On June 25, 2013, the Supreme Court held that it is unconstitutional to use the coverage formula in Section 4(b) of the VRA to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the VRA. Shelby County v. Holder, 570 U.S. 529 (2013). The Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is that the jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the VRA.
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Section 5 of the VRA was enacted to freeze changes in election practices or procedures in covered jurisdictions until the new procedures have been determined, either after administrative review by the Attorney General, or after a lawsuit before the United States District Court for the District of Columbia, to have neither discriminatory purpose or effect. The Attorney General has published detailed procedures that explain Section 5. On June 25, 2013, the Supreme Court held that it is unconstitutional to use the coverage formula in Section 4(b) of the VRA to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the VRA. Shelby County v. Holder, 570 U.S. 529 (2013). The Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is that the jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the VRA.
Cite this term
Election Security Glossary. (2026). Section 5 Of The Vra. In Election Security Glossary. Retrieved August 13, 2026, from https://electionsecurityglossary.com/glossary/section-5-of-the-vra
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