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Allen v. State Board of Elections, 393 U.S. 544 (1969)
The Voting Rights Act of 1965, which applied to certain southern states, was intended to end racial discrimination within voting by freezing state laws that attempted to institute new voting practices or procedures and by requiring that such laws first receive proper approval. In Allen versus State Board of Elections, the United States Supreme Court considered whether certain state election laws fell within the act’s reach.
After Congress passed the Voting Rights Act, Mississippi and Virginia passed laws regarding election procedures. Mississippi passed three laws: one law that changed a county supervisor election from district-wide voting to at-large voting; a second law that made a county officer position appointed instead of elected; and a third law that prohibited primary voters from running as independent candidates.
Virginia passed a law that changed the procedure for write-in ballots.
Section 5 of the act required that any new state law or rule related to voting receive federal approval before being enacted. In four separate federal actions, electors and potential candidates sought declaratory judgments that the new state laws were subject to Section 5’s approval requirements. The district courts disagreed and held that the new laws didn’t come within Section 5’s reach because they were merely changes to the election procedures that didn’t impair the right to vote. The United States Supreme Court granted cert, consolidating the separate actions.
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