Another Challenge to Section 5

The State of Georgia has filed this complaint against AG Eric Holder. The complaint seeks judicial preclearance of its voter verification process under Section 5 and, in the alternative, asserts that Section 5 is unconstitutional. DOJ had denied preclearance of the verification process last year and declined to withdraw its objection earlier this year. The case is worth watching not only because of the constitutional claim, but also because of the relative dearth of precedent on how Section 5 should be applied to election administration practices like this one. According to this story, Georgia’s Attorney General Thurbert Baker refused to file suit, leading Governor Sunny Perdue to appoint a special attorney general to file on the state’s behalf.

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