Five Florida counties could be impacted after the U.S. Supreme Court hears arguments next month on whether a provision in the 1965 Voting Rights Act is still constitutional.
Section 5, the provision in question, requires that a handful of states and counties -- all which have a history of discrimination -- follow a special set of rules when drafting new voting laws. It says that the federal government has to sign off on any new voting law in those areas before it can be implemented.
In Florida, those areas include Collier, Hardee, Hendry, Hillsborough and Monroe counties.
Voting rights experts are concerned if the high court throws out the provision, it might remove a safeguard for minority’s voting rights.
Diana Kasdan is a lawyer with the Brennan Center for Justice -- a nonpartisan voting rights group in Washington and New York. She says that if the court throws out the law this year, fighting discriminatory voting laws in those counties will be harder.
“It would certainly make it much more difficult and much more burdensome for voters to prevent an unfair law from going into effect, certainly before an election pops up, but even to have it addressed later on,” Kasdan says.
She says groups would have to take on the costs of filing a lawsuit against each law.
In 2011, Former Florida Secretary of State Kurt Browning filed a lawsuit against the Obama administration claiming Section 5 was unconstitutional.
The Project on Fair Representation, which launched this case, says the federal government should not subject some states to stricter rules than other states based on discrimination more than four decades old.