What is the Voting Rights Act?
Signed August 6, 1965, five months after the Selma to Montgomery marches. The Voting Rights Act banned the voter suppression tools — literacy tests, poll taxes, and registration barriers — that had prevented Black Americans from voting for nearly a century.
The Voting Rights Act of 1965 is the most effective civil rights law in American history. It gave the federal government authority to oversee elections in states and counties with histories of racial discrimination in voting.
Key facts
- Black voter registration in Mississippi went from 6.7% to 59.8% within two years of the law’s passage. The VRA closed a 30-point national registration gap to 8 points in a decade.
- The Senate reauthorized the VRA 98-0 in 2006. Every Republican senator voted yes. Then the Supreme Court dismantled it in three decisions.
- Since Shelby County (2013): 1,688 polling places closed in formerly covered states. 123 restrictive voting laws enacted across 30 states since 2020. 44 more in 2025-2026 alone.
- 4 million Americans are denied the right to vote due to felony convictions. 1 in 22 Black Americans are disenfranchised — 3.5x the non-Black rate. More than two-thirds have completed their sentences.
- 49 million American adults lack the unexpired driver’s license required by strict voter ID laws. Latino voter turnout is 19.4 points below white voters. Native Americans in Montana must travel 30-60 miles to vote.
| Period | Value |
|---|---|
| Before VRA (1965) | 6.7% |
| After VRA (1967) | 59.8% |
| Change | +53 points in 2 years |
“The vote is precious. It is almost sacred.”
Rep. John Lewis
If voter suppression is affecting your community, help is available. 866-OUR-VOTE (866-687-8683): nonpartisan election protection hotline, staffed by lawyers. Crisis Text Line: text HOME to 741741, 24/7.
Two Tools That Protected Voters
The VRA had two enforcement tools. Understanding the difference is the key to understanding what the Court destroyed.
Two tools, two approaches to protecting voting rights
| Section 5 (the shield) | Section 2 (the sword) | |
|---|---|---|
| How it works | Blocks discriminatory laws BEFORE they take effect | Allows lawsuits AFTER harm occurs |
| Burden of proof | State must prove the change is NOT discriminatory | Voters must prove the change IS discriminatory |
| Speed | 60-day federal review | Years of litigation costing millions of dollars |
| Coverage | 9 fully covered states + parts of 6 more | All 50 states |
| Current status | Dead since Shelby County (2013) | Severely weakened by Brnovich (2021) and Callais (2026) |
Section 5 required 9 states and parts of 6 more to get federal approval before changing any voting rule. New voter ID laws, polling place closures, and redistricting maps all needed review. Between 1965 and 2013, the DOJ blocked or deterred over 1,000 discriminatory changes under this authority.
Section 2 applies everywhere but is reactive. Voters must sue after harm occurs, through litigation that takes years and costs millions. The burden falls on the victims, not the state.
Three Supreme Court Decisions in 13 Years
- VRA signed Banned literacy tests, poll taxes, registration barriers
- Reauthorized 98-0 Senate unanimously renewed for 25 years
- Shelby County Preclearance killed, 5-4 (source)
- Brnovich Section 2 weakened, 6-3
- Callais Gingles framework rewritten, 6-3 (source)
: 1965 — VRA signed (Banned literacy tests, poll taxes, registration barriers). 2006 — Reauthorized 98-0 (Senate unanimously renewed for 25 years). 2013 — Shelby County (Preclearance killed, 5-4). 2021 — Brnovich (Section 2 weakened, 6-3). 2026 — Callais (Gingles framework rewritten, 6-3).
Shelby County v. Holder (2013): preclearance killed
5-4. The Court struck down the coverage formula that determined which states needed federal approval. Preclearance died instantly. Texas announced its strict voter ID law the same day the decision came down.
North Carolina passed one of the most restrictive voting laws in the country within two months. A federal court later found it targeted Black voters “with almost surgical precision.”
“Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”
Justice Ruth Bader Ginsburg, dissent in Shelby County v. Holder (2013)
Brnovich v. DNC (2021): Section 2 weakened
6-3. Created five new “guideposts” for evaluating Section 2 claims, including whether a state offers more voting opportunities than most states did in 1982. This anchored the legal standard to an era when voting access was far more restricted. The practical effect: a state can make voting harder than it is today and still survive a legal challenge, as long as voting remains easier than it was in 1982. Arizona’s ban on out-of-precinct ballots — which disproportionately affected Native American, Hispanic, and Black voters — was upheld under this standard.
Louisiana v. Callais (April 2026): the VRA gutted
6-3. Louisiana’s two majority-Black congressional districts ruled unconstitutional. The Court rewrote the 40-year Gingles framework, now requiring proof of intentional discrimination — a standard that is nearly impossible to meet because legislators rarely state their discriminatory intent on the record.
Within days, Florida passed new maps. Tennessee eliminated its sole majority-Black district by carving Memphis into three Republican districts.
“Section 2 has been rendered all but a dead letter.”
Justice Elena Kagan, dissent in Louisiana v. Callais (2026)
What Happened After the Court Removed Protections
Before Shelby County, 9 states and parts of 6 others needed federal approval before changing any voting rule. The map shows where that protection existed. Every red and orange state lost it on June 25, 2013.
Source: DOJ Civil Rights Division, Brennan Center for Justice
| State | Preclearance | After Shelby |
|---|---|---|
| Alabama | Fully covered statewide | White-Black turnout gap reached 13 points in 2024, widening since Shelby County |
| Alaska | Fully covered statewide | Lost federal oversight. No longer required to get approval before changing voting rules. |
| Arizona | Fully covered statewide | Lost federal oversight. No longer required to get approval before changing voting rules. |
| Arkansas | Not covered | No change in federal oversight |
| California | Specific counties covered | Specific counties covered, not statewide |
| Colorado | Not covered | No change in federal oversight |
| Connecticut | Not covered | No change in federal oversight |
| Delaware | Not covered | No change in federal oversight |
| District of Columbia | Not covered | No change in federal oversight |
| Florida | Specific counties covered | Specific counties covered, not statewide |
| Georgia | Fully covered statewide | SB 202 cut drop boxes 77% in counties with the most Black, Asian, and Latino residents |
| Hawaii | Not covered | No change in federal oversight |
| Idaho | Not covered | No change in federal oversight |
| Illinois | Not covered | No change in federal oversight |
| Indiana | Not covered | No change in federal oversight |
| Iowa | Not covered | No change in federal oversight |
| Kansas | Not covered | No change in federal oversight |
| Kentucky | Not covered | No change in federal oversight |
| Louisiana | Fully covered statewide | Majority-Black congressional district erased in 2026 redistricting |
| Maine | Not covered | No change in federal oversight |
| Maryland | Not covered | No change in federal oversight |
| Massachusetts | Not covered | No change in federal oversight |
| Michigan | Specific counties covered | Specific townships covered, not statewide |
| Minnesota | Not covered | No change in federal oversight |
| Mississippi | Fully covered statewide | Black voter registration went from 6.7% to 59.8% under the VRA |
| Missouri | Not covered | No change in federal oversight |
| Montana | Not covered | No change in federal oversight |
| Nebraska | Not covered | No change in federal oversight |
| Nevada | Not covered | No change in federal oversight |
| New Hampshire | Specific counties covered | Specific towns covered, not statewide |
| New Jersey | Not covered | No change in federal oversight |
| New Mexico | Not covered | No change in federal oversight |
| New York | Specific counties covered | Specific counties covered, not statewide |
| North Carolina | Specific counties covered | Passed one of the most restrictive voting laws within 2 months of Shelby. Court found it targeted Black voters "with almost surgical precision." |
| North Dakota | Not covered | No change in federal oversight |
| Ohio | Not covered | No change in federal oversight |
| Oklahoma | Not covered | No change in federal oversight |
| Oregon | Not covered | No change in federal oversight |
| Pennsylvania | Not covered | No change in federal oversight |
| Rhode Island | Not covered | No change in federal oversight |
| South Carolina | Fully covered statewide | Lost federal oversight. No longer required to get approval before changing voting rules. |
| South Dakota | Not covered | No change in federal oversight |
| Tennessee | Not covered | No change in federal oversight |
| Texas | Fully covered statewide | 1.1 million voters purged from rolls since 2021 under SB 1. 463,000 placed on suspense list. |
| Utah | Not covered | No change in federal oversight |
| Vermont | Not covered | No change in federal oversight |
| Virginia | Fully covered statewide | Lost federal oversight. No longer required to get approval before changing voting rules. |
| Washington | Not covered | No change in federal oversight |
| West Virginia | Not covered | No change in federal oversight |
| Wisconsin | Not covered | No change in federal oversight |
| Wyoming | Not covered | No change in federal oversight |
- 1,688
- polling places closed in 13 formerly covered states (2012-2018)
- 79
- restrictive voting laws enacted across 33 states (2021-2024)
- 13 pts
- white-Black turnout gap in Alabama (2024), widening since Shelby
1,688 polling places closed in formerly covered states
Between 2012 and 2018, 1,688 polling places closed in 13 states that had been fully or partially covered by preclearance. 1,173 of those closures were in jurisdictions that had been subject to federal oversight. Georgia alone closed 331 polling places. Seven Georgia counties reduced to a single polling site, each covering hundreds of square miles of rural area.
79 restrictive voting laws in 4 years
32 restrictive voting laws were enacted in 2021 alone — the most in any single year since Shelby County. Between 2021 and 2024, 79 restrictive election laws passed across 33 states. Stricter voter ID requirements, limits on mail voting and ballot access, fewer drop boxes, bans on giving food and water to voters waiting in line. These laws make it harder for eligible citizens to vote. Many would have been blocked by Section 5 preclearance before they could disenfranchise anyone.
The pace is accelerating. Between January 2025 and April 2026, 44 more restrictive laws passed across 26 states — surpassing the 2021-22 high in less time. 302 restrictive bills were considered in 41 state legislatures. Since 2020, 30 states have enacted 123 restrictive voting laws.
| Category | Value |
|---|---|
| 2021: 32 laws | 32 |
| 2022: 11 laws | 11 |
| 2023: 17 laws | 17 |
| 2024: 19 laws | 19 |
| 2025: 32 laws | 32 |
| 2026 (Jan-Apr): 12 laws | 12 |
Source: Brennan Center State Voting Laws Roundups.
Who these laws target
The restrictions do not fall equally. Each law affects specific communities that already face barriers to voting.
New voting restrictions (2025-2026) and who they affect
| State | What changed | Who is most affected |
|---|---|---|
| Texas | Eliminated same-day voter registration for address updates | Voters who moved within their county |
| Georgia, Tennessee | Will not accept electronic driver's licenses as voter ID | Young voters, low-income voters who use e-ID |
| Kentucky | Removed Social Security cards and public benefit cards from acceptable ID | Low-income voters, elderly voters |
| Montana | Tightened list of acceptable voter ID | Native American voters, rural voters who lack traditional ID |
| Kansas | Mail ballot receipt deadline cut from 3 days after election to 7 p.m. election day | Elderly voters, rural voters, voters with disabilities |
| NH, Louisiana, Wyoming | Require documentary proof of citizenship to register | Naturalized citizens, minority voters |
The racial turnout gap is widening
The communities targeted by these restrictions have the lowest turnout — and the barriers are part of the reason.
Voter turnout by race and ethnicity (2024)
| Group | 2024 turnout | Gap vs white voters | Key barriers |
|---|---|---|---|
| White | 70.0% | Baseline | Fewest ID and access barriers |
| Black | 65.0% | -5 points | 1,688 polling places closed in formerly covered states |
| Asian American | 57.1% | -12.9 points | 77% speak another language at home. Insufficient language assistance. |
| Native American | ~55% | -15 points (presidential) | 30-60 miles to vote in Montana. Tribal IDs denied in Wisconsin. |
| Latino | 50.6% | -19.4 points | Texas banned drive-thru voting, harder for Spanish speakers to get help |
In Alabama, the white-Black turnout gap reached 13 points in 2024 and is widening. Native American turnout runs 11 points below non-tribal areas on average, and 15 points lower in presidential elections. Latino voter turnout is the lowest of any racial group at 50.6%, nearly 20 points below white voters. Young Latinos voted at just 14% in 2022 — the lowest youth turnout of any racial group.
With Preclearance (1965-2013)
- Discriminatory laws reviewed before taking effect
- 1,000+ changes blocked by the DOJ
- Registration gap narrowed from 30 points to 8
- States had to prove changes were non-discriminatory
Without Preclearance (2013-2026)
- Discriminatory laws take effect immediately
- Voters must sue after harm — years of litigation
- 1,688 polling places closed in 13 states
- 79 restrictive laws enacted in 33 states in 4 years
What Communities Lose When They Lose Representation
Voter suppression and gerrymandering do not just affect elections. They determine which communities get funded, which get healthcare, and which get left behind.
- $2,700
- less per student in districts serving the most students of color (16% funding gap)
- $13.5M
- missing from a single 5,000-student district serving communities of color
- 10%
- fewer gerrymandered states expanded Medicaid, blocking healthcare for millions
The Education Trust found that school districts serving the highest concentrations of students of color receive 16% less state and local funding than districts serving the fewest. That gap is nearly twice as large as the poverty-based funding gap. In 14 states that serve 40% of all Black, Latino, and Native students, the disparity is worst.
The Learning Policy Institute documented what happens when the gap closes: a 10% increase in per-pupil spending over 12 years for low-income students produces a 7% rise in high school graduation rates and a 10% increase in adult wages. The money works. The question is who gets it.
Gerrymandered state legislatures block Medicaid expansion even when the majority of constituents support it. Communities of color are underrepresented in the legislatures that make these decisions. The result: lower access to healthcare, higher mortality rates, more medical debt, and more housing evictions in the communities with the least political power.
Where the Voting Rights Act Stands Today
Section 5 is dead. Section 2 is severely weakened. The John Lewis Voting Rights Advancement Act would create a new preclearance formula based on recent discrimination findings rather than 1960s-era data. It was introduced in March 2025. No committee hearing has been scheduled. There is no realistic path in the current Congress.
State courts remain available under state constitutions. 30 states have “free and equal elections” clauses that provide an independent basis for voting rights challenges. But state litigation requires resources, takes years, and depends on which judges hear the case.
The VRA is not the whole story
The Voting Rights Act was the most important voting rights law in American history. It was not the only protection, and its loss does not mean all voting rights enforcement has ended.
- State constitutions provide independent protections. 30 states have “free and equal elections” clauses. Courts in Alaska, Ohio, Pennsylvania, and Wisconsin have used these to strike down restrictive laws independent of the VRA.
- The 14th and 15th Amendments still apply. Federal courts can still hear claims of intentional racial discrimination in voting under constitutional provisions. What Callais eliminated was the ability to prove discrimination through effects rather than intent.
- Some states expanded voting access. While 33 states passed restrictions, others expanded access. Automatic voter registration, same-day registration, and extended early voting all increased in blue states after Shelby County.
- The VRA weakening affects redistricting too. The Callais decision does not just affect voting access. It makes it dramatically harder to draw majority-minority districts that ensure communities of color can elect representatives of their choice.
Frequently asked questions
What is the Voting Rights Act? The most effective civil rights law in American history, signed in 1965. It banned literacy tests, poll taxes, and other devices used to prevent Black Americans from voting. Its enforcement tools were dismantled by three Supreme Court decisions between 2013 and 2026.
What did Shelby County v. Holder do? The 2013 decision (5-4) struck down the formula that determined which states needed federal preclearance before changing voting rules. Without preclearance, discriminatory laws take effect immediately and voters must sue after harm occurs. Texas announced its strict voter ID law the same day.
What is the John Lewis Voting Rights Act? A bill that would create a new preclearance formula based on recent findings of discrimination rather than 1960s-era data. Named for the civil rights leader. Introduced March 2025. No committee hearing scheduled. It has been introduced and blocked in multiple sessions of Congress.
Can the Supreme Court’s decisions be reversed? Only by the Court itself (overruling its own precedent) or by constitutional amendment. Congress can pass new legislation (like the John Lewis Act) that operates within the framework the Court has set, but it cannot overrule the constitutional interpretations directly.
What is preclearance? A requirement that certain states and counties with histories of voting discrimination get federal approval before changing any voting rule. The DOJ blocked over 1,000 discriminatory changes under this authority between 1965 and 2013. It was eliminated by Shelby County v. Holder.
Are there still voting rights protections? Yes, but they are weaker. The 14th and 15th Amendments still prohibit intentional racial discrimination. Section 2 of the VRA still allows lawsuits, but the Callais ruling made them much harder to win. State constitutions in 30 states provide independent protections. The practical effect is that voters now bear the burden that states used to bear.
What you can do
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Tell your representatives to pass the John Lewis Voting Rights Advancement Act. The VRA was reauthorized 98-0 in 2006. Restoring preclearance is not partisan. 1,688 polling places closed after the Court removed it. Use the letter and call script below.
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Support voting rights litigation. Campaign Legal Center, NAACP Legal Defense Fund, and Brennan Center are litigating in every state where courts will hear them.
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Register voters for the 2026 midterms. The 2026 elections decide 36 governors, 34 senators, and state attorneys general who can challenge discriminatory laws.
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Vote in state supreme court elections. After Shelby County and Callais, state courts are the last venue for voting rights challenges. These races are low-turnout and high-impact.