In Shelby County v. Holder (2013), the U.S. Supreme Court rolled back key provisions of the Voting Rights Act of 1965, the landmark civil rights law that prohibits racial discrimination in voting. The Voting Rights Act required states and localities with a history of racially discriminatory voting policies to receive the federal government’s approval, known as “preclearance,” before making any changes to their voting laws or policies. The Supreme Court narrowly ruled in Shelby County that the formula used to determine which jurisdictions must receive preclearance is outdated and cannot be used until Congress approves a new formula. More than a decade later, Congress has still not approved a new formula, which limits the power of the Voting Rights Act.
The Shelby County decision effectively gave states the green light to change their voting laws, even if these laws have a harmful impact on historically disenfranchised communities. In the decade following the Shelby County decision, states passed nearly 100 restrictive voting laws. New research from the nonpartisan Brennan Center for Justice shows that the difference in voter turnout between white and non-white voters, known as the racial voter turnout gap, has grown consistently in this period.
In every region of the country, the racial turnout gap in the 2022 midterm election was larger than any midterm since at least 2006. White Americans voted at higher rates than non-white Americans in every state but Hawaii in the 2022 midterm elections. Racial turnout gaps exist within every income group and across all levels of education.
The racial turnout gap is growing across the U.S. – but it is growing most quickly in regions that have a history of racially discriminatory voting policies and were affected by the Shelby County decision. These jurisdictions no longer need to obtain permission to make changes to their voting policies, and many have responded by passing voter suppression laws that disproportionately impact voters of color.
The Brennan Center’s report finds that the overall white-nonwhite turnout gap grew about four points larger in counties formerly covered by preclearance, and the white-Black turnout gap grew about five points large in these counties, than the gaps would have grown if preclearance were still in effect.
This research highlights the need for stronger federal civil rights protections and the importance of engaging historically disenfranchised voters, especially voters in Black communities and other communities of color targeted by voter suppression policies, so that they can overcome the obstacles to voting and make their voices heard. Read the full report at: www.brennancenter.org/our-work/research-reports/growing-racial-disparities-voter-turnout-2008-2022