1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Voting Rights Act: Supreme Court Provides “Guideposts” for Determining Violations of Section 2 in Brnovich v. DNC July 14, 2021 For the first time, the Supreme Court has issued a decision interpreting Sec
2、tion 2 of the Voting Rights Act (VRA) in the context of state voting rules. On July 1, 2021, the Court in Brnovich v. Democratic National Committee (DNC) held that two Arizona voting rulesrestrictions on out-of-precinct voting and third-party ballot collectiondo not violate Section 2. In interpretin
3、g the statutory language, the Court determined that Section 2 requires that voting be “equally open to minority and non-minority groups alike” and that courts should apply a broad totality of the circumstances test to determine whether state voting rules violate Section 2. While not establishing a s
4、tandard to govern all Section 2 challenges, the Court identified “certain guideposts,” including five specific circumstances for courts to consider. Looking ahead, the Courts ruling will guide lower courts in determining if recently enacted state election and voting rules comply with the VRA. This L
