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Thursday, September 20, 2012

Section 5 freezes election practicesor procedures in certain states

Uniformed and Overseas Citizens Absentee Voting Act
aware of their voting rights and have a genuine opportunity to
register to vote and have their absentee ballots cast and counted, and
for other County purposes. IN THE SENATE OF THE UNITED
STATES Due to logistical, geographical, operational and
environmental barriers, militaryand overseas voters are burdened by
many obstacles that impact their right to vote and register to vote,
the most critical of which include problems transmitting balloting
materials and not being given enough time to vote. (3) States play an
essential role in facilitating the ability of military and overseas
voters to register to vote and have their ballots cast and counted,
especially with respect to timing and improvement of absentee voter
registration and absentee ballot procedures. (4) The Department of
Defense educates military and overseas voters of their rights
under the Uniformed and Overseas Citizens Absentee Voting Act
and plays an indispensable role in facilitating the procedural
channels that allow military and overseas voters to have their
votes count. (5) The local, State, and Federal Government entities
involved with getting ballots to military and overseas voters must
work in conjunction (42 U.S.C. 1973ff et seq.) The Fourth Amendment (
Amendment IV ) to the United States Constitution is the part of the
Bill of Rights which guards against unreasonable searches and seizures
, along with requiring any warrant tobe judicially sanctioned and
supported by probable cause . It was adopted as a response to the
abuse of the writ of assistance subjects to "assist" the customs
official in carrying out his duties. In general, customs writs of
assistance served as general search warrants that did not expire
Article Four of the United States Constitution outlines the duties
states have to each other, as well as those the federal government has
to the states. Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of every other
State. And the Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be proved, and the
Effect thereof. Although the voting protections of the Fifteenth
Amendment and Section 2 of the Voting Rights Act are permanent,
Section 5 remains in effect through 2031.
Coverage Under the Special Provisions of the Voting Rights Act
Section 5 freezes election practicesor procedures in certain states
until the new procedures have been subjected to review, either after
an administrative review by the United States Attorney General, or
after a lawsuit before the United States District Court for the
District of Columbia. This means that voting changes in covered
jurisdictions may not be used until that review has been obtained.
Under Section 5, any change with respect to voting in a covered
jurisdiction -- or any political subunit within it -- cannot legally
be enforced unless and until the jurisdiction first obtains the
requisite determination by the United States District Court for the
District of Columbia or makes a submission to the Attorney
General.This requires proof that the proposed voting change does not
deny or abridge the right to vote on account of race, color, or
membership in a language minority group. If the jurisdiction is unable
to prove the absence of such discrimination, the District Court denies
the requested judgment, or in the case of administrative submissions,
the Attorney General objects to the change, and it remains legally
unenforceable.
In 1970, Congress recognized the continuing need for the special
provisions of the Voting Rights Act, which were due to expire that
year, and renewed them for another five years. It also adopted an
additional coverage formula, identical to the original formula except
that it referenced November 1968 as the date to determine if there was
a test or device, levels of voter registration, and electoral
participation. This additional formula resulted in the partial
coverage of ten states. Section 5 freezes election practices or
procedures in certain states until the new procedures have been
subjected to review Section 5 remains in effect through 2031.
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