Federal tolerance of state-level voter suppression laws without civil rights review post-Shelby County v. Holder

Restore Voting Rights Act Protections

AKA “Ensure Federal Standards for Voter Accessibility”


Which agency/agencies promulgated the regulation? *
U.S. Department of Justice – Civil Rights Division (Optional: U.S. Congress for enabling legislation)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind DOJ's failure to enforce Section 2 of the Voting Rights Act and lack of federal oversight under the Help America Vote Act.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Interpretive Rule
What is the name of the regulation being rescinded, if applicable? *
Federal tolerance of state-level voter suppression laws without civil rights review post-Shelby County v. Holder
Please provide a short summary of the justifications for the rescission. *
Since the Supreme Court invalidated preclearance formulas in Shelby County v. Holder, many states have enacted voting restrictions with disproportionate impacts on marginalized communities. The DOJ has not reinstated oversight mechanisms or uniform standards for voter access.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Civil Rights Division – Voting Section 950 Pennsylvania Avenue, NW Washington, DC 20530
Please insert the contact information for the agency. *
Andrew Braniff, Senior Counsel to the Assistant Attorney General (202) 514-3831 EMP.Lit@crt.usdoj.gov
What is the background for the regulation being rescinded? *
Modern voter ID laws, signature match requirements, reduced polling hours, and restrictive mail-in ballot rules disproportionately burden low-income voters, people of color, students, and elderly populations. Without DOJ review, these laws can suppress turnout and skew democratic participation.
Explain the reasons for the rescission. *
Rescinding this passive stance would allow DOJ to reassert oversight authority under existing civil rights law. Federal standards should trigger review if new voting laws reduce access compared to prior election cycles, particularly where patterns of racial or partisan impact are documented.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
DOJ will issue interpretive guidance stating that any jurisdiction enacting changes to voter ID laws, signature matching rules, or mail ballot access must demonstrate compliance with Section 2 of the Voting Rights Act. Preclearance review is reinstated administratively where discriminatory effects are foreseeable.
Please insert the name of the current agency head. *
Kristen Clarke
Please insert the title of the agency head. *
Assistant Attorney General for Civil Rights