Vicky M. Lopez, et al. v. Monterey County, California, et al. (519 U.S. 9)

U.S. Supreme Court · decided November 6, 1996 · Supreme Court Database (Spaeth)

Citation
519 U.S. 9 · 117 S. Ct. 340
Decided
November 6, 1996
Term
October Term 1996
Vote
9–0
Majority author
Justice O'Connor
Issue area
Civil Rights
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice O’Connor delivered the opinion of the Court. This appeal presents a challenge to an order by a three-judge District Court for the Northern District of California that authorized Monterey County to conduct judicial elections under an election plan that has not received federal approval pursuant to § 5 of the Voting Rights Act. HH The State of California has 58 counties, one of which is Monterey County (hereinafter County). In 1971, the Attorney General designated the County a covered jurisdiction under § 4(b) of the Voting Rights Act of 1965, 79 Stat. 438, as amended, 42 U. S. C. § 1973b(b). 36 Fed. Reg. 5809 (1971); see 28 CFR pt. 51, App. (1995). As a result, the County became subject to the federal preelearance requirements set forth in § 5 of the Voting Rights Act, 42 U. S. C. § 1973c. Section 5 governs changes in voting procedures, with the purpose of preventing jurisdictions covered by its requirements from enacting or seeking to administer voting changes that have a discriminatory purpose or effect. As a jurisdiction covered by §5, Monterey County must obtain federal preclearance — either administrative or judicial — of any voting practice different from the practices in effect on November 1, 1968. To obtain administrative preclearance of a changed voting practice, a covered jurisdiction submits the enactment to the Attorney General of the United States. If the…

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