Since the United States Supreme Court’s 2013 decision in Shelby County v. Holder, states with histories of racial discrimination against voters have implemented controversial measures pertaining to voter identification (“voter ID”), polling places, provisional ballots, and early voting. Shelby County eliminated the preclearance provision in Section 5 of the Voting Rights Act (VRA) requiring these states to receive Department of Justice approval for proposed changes to their electoral processes, to ensure the changes did not disproportionately impact racial minorities. The courts have recently mitigated or overturned a spate of restrictive electoral measures passed since the decision. However, these actions often came after voters have been denied access at the polls, or not far enough in advance of an upcoming election to implement.
Casey Millburg, ALTERNATIVE DISPUTE RESOLUTION FOR ELECTION ACCESS ISSUES IN A POST-VOTING RIGHTS ACT SECTION 5 LANDSCAPE, 9 Arb. L. Rev. 177 (2017).
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