In two weeks, voters will participate in a national election without the strongest protections of the Voting Rights Act against racial discrimination. Many see this as a moment for celebration. From its inception, the Voting Rights Act faced efforts to undermine its role in ensuring a fair democracy where everyone has an equal chance to vote.
Since the Supreme Court’s 2013 decision in Shelby v. Holder, the Act has been increasingly weakened. This trend continued with Louisiana v. Callais. The Legal Defense Fund argued both cases before the Supreme Court. The erosion of these protections has exposed Black voters to disenfranchisement through strict voter ID laws, changes to polling locations, restrictions on early voting, and redistricting tactics that dilute Black voting power.
We now face the most significant attack on voting rights since the Jim Crow era. Abandoning principles of racial justice would harm our multiracial democracy established 61 years ago. Cynical, partisan strategies should not disrupt a foundational political system, one that represents everyone equally. Black voters are crucial, not political pawns; they are not to be manipulated for partisan gains.
If we continue on this path, fair representation in many districts may soon disappear. The civil rights movement’s vision may stall, with fair districts vanishing due to such attacks. This has been evident in Tennessee, Louisiana, and Alabama. The challenge now is to tackle systemic barriers to equal opportunity while defending against widespread attacks.
It’s time to propose bold reimagining of elections that prioritize people over politicians. Although no universal solutions exist, strategic election reforms like ranked choice voting, cumulative voting, and limited voting can empower Black voters locally to elect their preferred candidates.
These reforms have shown increased voter turnout in local elections. While introducing these election tools, we must confront redistricting attempts that seek to diminish the influence of Black voters and representatives, similar to efforts in South Carolina and Georgia.
Despite the Supreme Court’s decision in Callais, the Legal Defense Fund remains committed to ensuring fair districting for voters of color. Recent successes include advocating for the sole majority-Black judicial subdistrict in DeSoto County, Mississippi. At the federal level, Congress should pass the John R. Lewis Voting Rights Advancement Act to restore and enhance the original Act’s provisions protecting against disenfranchisement.
State-level efforts will focus on funding state Voting Rights Acts, providing crucial protections against local voting discrimination. The Legal Defense Fund contributed to enacting four state Voting Rights Acts in Maryland, Delaware, New Jersey, and California—the first such actions in history.
Collaborations with community organizations mobilize voices and demand representation. These collective efforts in Alabama’s All Roads Lead to the South and Washington D.C.’s March on Washington exemplify the push for change.
“Taken together, these reforms can offer meaningful opportunities for Black voters to fight against efforts aiming to reverse progress and eliminate Black political participation,” Todd A. Cox, associate director-counsel of the Legal Defense Fund.
Our ongoing pursuit of fair representation must demand justice-rooted voting reforms, resisting electoral system manipulation for partisan gain. History demonstrates that centering fair representation strengthens democracy for everyone.
For too long, voting rights and access have been discussed under partisan conditions. Deciding winners and losers politically threatens a fair democracy. Allowing politicians to determine power distribution risks everyone losing.
Todd A. Cox of the Legal Defense Fund, with over 30 years in racial and social justice, emphasizes the importance of continuing this struggle across various sectors like law, philanthropy, and government.
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