Uncategorized

Supreme Court to consider Kinston NC Voting Rights Act challenge

The Supreme Court will consider whether to hear two cases challenging Section 5 of the Voting Rights Act at its private conference on Friday, Nov. 2 – including one filed by the Kinston (NC) Citizens for Non-Partisan Voting, Nix v. Holder. Nix will be considered along with a companion case, Shelby County (AL) v. Holder.

Section 5 of the VRA requires certain states and jurisdictions to get U.S. Department of Justice preclearance of changes to voting practices.

In Nix, Kinston voters who had approved a 2008 referendum for non-partisan local elections are challenging the Justice Department’s refusal to preclear that change, saying that DOJ was using Section 5 in racially divisive ways. The Department had initially refused to preclear the change based upon on 2006 amendments to Section 5  encouraging voting practices that would help minority candidates for office attract white cross-over voters. Though DOJ ultimately allowed the changes, the Kinston voters are continuing their challenge, focusing on the 2006 amendments.

Shelby County involves a challenge to the formula for selecting jurisdictions covered by Section 5’s preclearance procedure, which was extended by the 2006 amendments to 2031. The county contends that the formula is based upon voting data from 35 years ago and that voting turnout and registration rates now approach parity in many of the covered jurisdictions.

A decision on whether the Court will hear the cases is likely late Friday or Monday, Nov. 5.

One Comment


  1. […] On Monday, the Court will hand down orders from its Nov. 2 private conference, including of interest to NC residents the Court’s decision on whether to hear the Voting Rights Act case out of Kinston, N.C. See more about that here. […]

Check Also

State Supreme Court rules retroactive application of teacher tenure repeal is unconstitutional

The state Supreme Court ruled unanimously today that ...

Top Stories from NCPW

  • News
  • Commentary

Friends, neighbors, colleagues of commission chairman Jim Womack submit nearly identical letters cla [...]

When N.C. House Speaker Tim Moore and Senate President Pro Tem Phil Berger addressed reporters last [...]

Big corporations and wealthy executives have been on quite a run. Corporate profits are at historic [...]

This week the ACLU of North Carolina announced an initiative to end cash bail in North Carolina. Reg [...]

There are a lot of important statistics that confirm just how out of whack the U.S. economy has grow [...]

The post Bite the Apple & NC’s HB2 Legacy appeared first on NC Policy Watch. [...]

When I headed off to college, I could not have predicted that many of the funding streams, positions [...]

For those who pay only periodic attention to the ins and outs of lawmaking in the North Carolina Gen [...]

Now hiring

NC Policy Watch is now hiring a Managing Editor – click here for more info.