The Voting Rights Act of 1975 amended the 1965 law in three major ways: it extended federal preclearance of voting changes for another seven years, made the ban on literacy tests permanent and nationwide, and for the first time required bilingual ballots and voting assistance for citizens who belong to certain language minority groups. President Gerald Ford signed the amendments on August 6, 1975.
Literacy Tests Banned Permanently in Every State
Before 1975, the ban on literacy tests was temporary and applied only where the coverage formula reached. The 1975 amendments made the prohibition permanent and extended it to every state and political subdivision, regardless of any history of discrimination. Under 52 U.S.C. ยง 10501, no citizen may be denied the right to vote in any federal, state, or local election for failing any “test or device.”1Office of the Law Revision Counsel. 52 USC 10501 – Permanent Nationwide Ban on Tests or Devices
The statutory definition of “test or device” is broad. It reaches any requirement that a person demonstrate the ability to read or write, show educational achievement or knowledge of a subject, prove good moral character, or produce vouchers from registered voters.2Office of the Law Revision Counsel. 52 USC 10303 – Suspension of the Use of Tests or Devices in Determining Eligibility to Vote That definition swept in the literacy tests used across the South along with the good-character requirements and voucher systems used elsewhere to keep selected groups from the ballot.
Preclearance Extended Seven More Years
The 1975 amendments renewed Section 5 preclearance for another seven years. A covered state or political subdivision could not change any voting law or practice until it either submitted the change to the U.S. Attorney General or obtained a declaratory judgment from the U.S. District Court for the District of Columbia confirming the change would not discriminate on the basis of race, color, or language minority status.3Office of the Law Revision Counsel. 52 USC 10304 – Alteration of Voting Qualifications and Procedures The burden of proof rested on the local government, not the voter.4Civil Rights Division. About Section 5 Of The Voting Rights Act
A New Coverage Trigger Based on 1972
Alongside the 1964- and 1968-based triggers already in the law, Congress added a third. A state or political subdivision became covered if the Attorney General determined it maintained a “test or device” as of November 1, 1972, and the Census Bureau found that fewer than 50 percent of voting-age citizens were registered or had voted in the November 1972 presidential election.2Office of the Law Revision Counsel. 52 USC 10303 – Suspension of the Use of Tests or Devices in Determining Eligibility to Vote
The 1975 amendments also expanded what a “test or device” meant for triggering coverage. English-only elections now counted as a prohibited device in any jurisdiction where more than five percent of voting-age citizens belonged to a single language minority group. That one change pulled hundreds of new jurisdictions under federal oversight, particularly in Texas, the Southwest, and parts of the Northeast with large Spanish-speaking populations.
Bailout Made Harder
Getting out of coverage became more difficult. A jurisdiction had to show a 17-year record free of discriminatory voting practices before it could petition for release.5Ronald Reagan Presidential Library & Museum. Legacy of the Voting Rights Act – Expansions of the 1970s In practice, bailout was nearly impossible for most covered areas in the years right after 1975.
Protections for Language Minority Voters
The signature innovation of the 1975 amendments was reaching voting discrimination rooted in language, not just race. Congress found that discrimination against citizens who spoke languages other than English was “pervasive and national in scope,” driven by English-only elections combined with unequal educational opportunities.2Office of the Law Revision Counsel. 52 USC 10303 – Suspension of the Use of Tests or Devices in Determining Eligibility to Vote The statute defined language minorities as citizens who are American Indian, Asian American, Alaskan Native, or of Spanish heritage.
Which Jurisdictions Are Covered
A jurisdiction falls under the bilingual election requirements of Section 203 when it meets a population threshold combined with an illiteracy measure. The primary trigger applies where more than five percent of the jurisdiction’s voting-age citizens are members of a single language minority group and have limited English proficiency. An alternative trigger applies where more than 10,000 voting-age citizens in a political subdivision are members of a single language minority with limited English proficiency. For political subdivisions containing all or part of an Indian reservation, the five percent threshold is measured against the American Indian or Alaska Native voting-age citizens within the reservation.6Secretary of State of California. 52 USC 10503 – Bilingual Election Requirements
On top of the population threshold, the illiteracy rate among the language minority group must exceed the national illiteracy rate.6Secretary of State of California. 52 USC 10503 – Bilingual Election Requirements The Census Bureau makes these determinations using American Community Survey data in five-year increments, so the list of covered jurisdictions is updated periodically.
What Covered Jurisdictions Must Provide
Once a jurisdiction is covered, every piece of election-related material must appear in the applicable minority language alongside English. That includes registration forms, voting notices, sample ballots, instructional materials, voter information pamphlets, and the ballots themselves.7Office of the Law Revision Counsel. 52 USC 10503 – Bilingual Election Requirements The Department of Justice has stated that coverage runs from voter registration through the casting of the ballot, including questions that arise at the polling place.8United States Department of Justice. Language Minority Citizens
The law accounts for languages that are historically unwritten, which is the case for most Native American and Alaska Native languages. In those situations, jurisdictions must provide oral instructions and assistance rather than written translations.7Office of the Law Revision Counsel. 52 USC 10503 – Bilingual Election Requirements Election officials must hire bilingual poll workers who can greet voters in their language, explain the ballot, and walk them through voting, including going into the booth to assist when needed.9State of Alaska Division of Elections. Election Procedures for Bilingual Election Workers
What Remains in Force Today
Two parts of the 1975 framework are still fully operative. The permanent nationwide ban on literacy tests continues to apply to every state and locality. And the bilingual election requirements under Section 203 operate through their own coverage formula tied to Census data, so hundreds of jurisdictions must still provide translated materials and oral language assistance.
The preclearance piece is a different story. In 2013, the Supreme Court decided Shelby County v. Holder and struck down the Section 4(b) coverage formula as unconstitutional, finding that a formula built on decades-old voter turnout data no longer reflected current conditions.10Library of Congress. Shelby County v. Holder, 570 U.S. 529 Section 5 itself was not struck down, but with no valid formula to identify covered jurisdictions, no state or locality is currently required to obtain federal preclearance before changing its voting laws.11United States Department of Justice. The Shelby County Decision Congress reauthorized the special provisions in 1982 and again in 2006 for 25 years,12Congress.gov. Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 but no new coverage formula has been enacted since Shelby County.