By Angela Ossar, Government Information Analyst

Voting Rights Act of 1965

We have gotten quite a few questions about records of elections lately. One question we’ve received is: How long do I keep election preclearance submissions? After doing some research, discussing with colleagues, and speaking with an attorney from the Texas Secretary of State’s Office regarding these preclearance submissions, we have come to the conclusion that they should be maintained permanently under GR 1000-30: Legal Opinions.

We chose this record series because when you submit a preclearance submission (example), you are asking for legal advice and approval from either the Texas Secretary of State or the United States Department of Justice. Because both of these organizations are considered law entities, receiving preclearance letters from them should be classified as legal advice because the letters themselves represent legal rulings. Additionally, because many circumstances might tie back to a previous approval, or there could always be an unfortunate instance that a record is misplaced, it would be beneficial for the local government to have those on hand to refer to if needed. Also, both the Department of Justice and Secretary of  State are required to hold their copies and correspondence permanently, and they recommend local governments do the same.

The need for preclearance submissions began with the passage of the Voting Rights Act of 1965. This landmark piece of legislation outlawed discriminatory voting practices and prohibited states from enforcing voting prerequisites that denied citizens the right to vote. Section 5 of the Voting Rights Act established that any state with a history of discriminatory voting practices could not implement any change that would affect voting without first obtaining approval from the Department of Justice. This process is known as preclearance. Many municipalities in Texas are still required by law to recieve federal permission for certain changes to their election laws.

For more information on preclearance submissions, contact the Civil Rights Division of the U.S. Department of Justice at 1-800-253-3931 or the Secretary of State at 1-800-252-8683.