Section 2 of the Voting Rights Act

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Section 2 of the Voting Rights Act is the part of the law that prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in certain language minority groups.

Unlike the old Section 5 preclearance system, which required some states to get federal approval before changing voting laws, Section 2 applies nationwide to every state and local government.

What Section 2 Says

Section 2 makes it illegal for any voting rule or practice to result in minority voters having less opportunity than others to:

• participate in the political process,
• register to vote,
• cast ballots,
• or elect representatives of their choice.

Importantly, after Congress amended the law in 1982, plaintiffs generally did not need to prove intentional racism. They could challenge laws based on discriminatory results or effects.

This is called the “results test.”

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