preclear

Preclear refers to a procedural mechanism within the United States legal system, primarily associated with Section 5 of the Voting Rights Act of 1965. This section required certain jurisdictions with a history of discriminatory voting practices to obtain federal approval, or "preclearance," before implementing any changes to their voting laws or procedures. The purpose of preclearance was to prevent these jurisdictions from enacting new discriminatory measures that could disenfranchise voters, particularly minority groups.

Under Section 5, changes such as redistricting, polling place relocations, or alterations to voter registration requirements had to be submitted to either the U.S. Department of Justice or a federal court for review. If the submitted change was found to have the purpose or effect of abridging or denying the right to vote on account of race, color, or membership in a language minority group, it would be denied preclearance and could not be implemented.

The Supreme Court case Shelby County v. Holder in 2013 significantly altered the landscape of preclearance. The Court ruled that the coverage formula used to determine which jurisdictions were subject to preclearance was outdated and unconstitutional. As a result, Section 5 of the Voting Rights Act is currently unenforceable, and the preclearance requirement is no longer in effect nationwide. This decision has led to ongoing debates about voting rights protections and potential new legislative solutions.