State of Texas seeks to Challenge Constitutionality of Section 5 of the Voting Rights Act

[sonias]

5. State tries to force challenge of U.S. voting law

AAS 3/15/12

State tries to force challenge of U.S. voting law

(snip)
Richard Hasen, an elections law professor at the University of California, Irvine, said Abbott's move could represent a dramatic shift in election law for Texas and all other states in the country. "That ups the ante," he said.

In the filing to a three-judge panel in Washington, the state asked to submit a petition charging that Section 5 of the Voting Rights Act "exceeds the enumerated powers of Congress and conflicts with Article IV of the Constitution and the Tenth Amendment."

With the filing, Abbott is seeking permission to make a larger argument on the merits of Section 5 of the Voting Rights Act itself. If the provision were overturned, Texas could make changes to its voting rules without federal approval.

State Rep. Trey Martinez Fischer, a San Antonio Democrat, said he was not surprised by Abbott's move.

"Nothing would please ... Abbott more than to rid the State of Texas of Section 5 pre-clearance obligations," he said.