Case: Amherst County, Virginia v. Mukasey

This case is about Amherst County’s pursuit for exemption from the preclearance requirements of Section 4 of the Voting Rights Act as set forth in more detail below.  

Amherst County (“County”) is a political subdivision of the Commonwealth of Virginia and a political subdivision of a state within the meaning of Section 4(a) of the Voting Rights Act, 42 U.S.C. § 1973b(a)(1).  On November 1, 1964, the County was designated as a jurisdiction subject to the special provisions of the Act because Virginia required successful completion of a since repealed literacy test prior to registering to vote.  Additionally, fewer than 50 percent of the persons of voting age voted in the 1964 election, triggering the preclearance coverage.  In 1982, Congress amended the Act, which allowed “bail out,” or exemption, from the provisions if the party seeking bail out adhered to specific conditions outlined in the Act for at least 10 years prior to seeking declaratory judgment. 

On May 6, 2008, the County filed a complaint in the U.S. District Court for the District of Columbia seeking declaratory relief pursuant to Section 4 of the Voting Rights Act of 1965, which would exempt it from the preclearance requirements of the Act, if granted.  The then Attorney General of the United States, Michael B. Mukasey, was a named defendant, as was the then acting Assistant Attorney General of the Civil Rights Division, Grace Chung Becker.  Within its complaint, the County described improvements in its voting and electoral processes since 1964, including the increase in voter registration within the county and the election of three African Americans to the Board of Supervisors.  The County also described its compliance with the requirements outlined in the 1982 amendment in the 10 years preceding the action.

On May 6, 2008, the County filed an unopposed motion pursuant to Section 4 of the Act to convene a three-judge court, which is required by the Act to determine if the moving party should be exempt.  The district court granted the motion on May 12, 2008.

On July 18, 2008, the County and Defendants filed a joint motion for entry of a consent judgment and decree granting Plaintiffs declaratory judgment.  On the same day, the three-judge court “ordered, adjudged, and decreed:” (1) the Plaintiff was entitled to declaratory judgment in accordance with Section 4(1)(1) of the Voting Rights Act, 42 U.S.C. § 1973b(a)(1); anda (2) Amherst County was exempt from coverage pursuant to Section 4(b) of the Voting Rights Act, 42 U.S.C. § 1973b(b), provided that the Court retain jurisdiction for 10 years.  The case was put on the court’s inactive docket, subject to being reactivated upon application by the AG or any aggrieved person in accordance with the procedure set forth in 42 U.S.C. § 1973b(a)(5). 

There is no reason to believe this case is ongoing.