Presley v. Etowah County Commission (1991)
- Docket
- 90-711
- Decided
- 1991-01-01
Summary
Question: Did the alterations imposed by the Etowah County Commission and the Russell County Commission regarding the scope of commissioner authority constitute changes "with respect to voting" according to section 5 of the Voting Rights Act of 1965? Conclusion: No. In a majority opinion authored by Justice Anthony M. Kennedy, the Court determined that section 5 of the Voting Rights Act covers only changes that directly relate to voting. More specifically, the Court found that case law outlines 4 areas in which alterations require preclearance under section 5: the method of voting, the requirements for candidacy, the composition of the electorate, and the formation or elimination of an elected office. In the Court's opinion, neither the "Common Fund Resolution" nor the "Unit System" fell in any of the 4 categories. Instead, those 2 changes merely concern the "internal operation of an elected body". Thus, the judgment of the District Court was affirmed.