List of jurisdictions subject to the special provisions of the Voting Rights Act of 1965

The following jurisdictions in the United States are or have been subject to the special provisions of the Voting Rights Act of 1965. Jurisdictions encompassed by the coverage formula contained in Section 4(b) are called "covered jurisdictions"; covered jurisdictions are subject to preclearance under Section 5. Covered jurisdictions may "bail out" of coverage, while non-covered jurisdictions may be "bailed in" to coverage. The Act's bilingual assistance provision is independent of the other special provisions, and jurisdictions encompassed by this provision are listed separately.

Coverage formula

The coverage formula, contained in Section 4(b) of the Act, determines which states are subject to preclearance. As enacted in 1965, the first element in the formula was whether, on November 1, 1964, the state or a political subdivision of the state maintained a "test or device" restricting the opportunity to register and vote. The Act's definition of a "test or device" included such requirements as the applicant being able to pass a literacy test, establish that he or she had good moral character, or have another registered voter vouch for his or her qualifications. The second element of the formula would be satisfied if the Director of the Census determined that less than 50 percent of persons of voting age were registered to vote on November 1, 1964, or that less than 50 percent of persons of voting age voted in the presidential election of November 1964. In 1970, Congress recognized the continuing need for the special provisions of the Act, which were due to expire that year, and renewed them for another five years. It added a second prong to the coverage formula, identical to the original formula except that it referenced November 1968 as the relevant date for the maintenance of a test or device and the levels of voter registration and electoral participation. In 1975, the Act's special provisions were extended for another seven years, and were broadened to address voting discrimination against members of "language minority groups," which were defined as persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." As before, Congress expanded the coverage formula, based on the presence of tests or devices and levels of voter registration and participation as of November 1972. In addition, the 1965 definition of "test or device" was expanded to include the practice of providing any election information, including ballots, only in English in states or political subdivisions where members of a single language minority constituted more than five percent of the citizens of voting age. In 1982, the coverage formula was extended again, this time for 25 years, but no changes were made to it. In 2006, the coverage formula was again extended for 25 years. In '' Shelby County v. Holder'' (2013), the Supreme Court of the United States struck down the coverage formula as unconstitutional, meaning that no jurisdiction is currently subject to preclearance under the coverage formula.

Jurisdictions encompassed by coverage formula

All counties and municipalities within a covered state are covered unless they have bailed out; counties and municipalities covered by virtue of being within a covered state are not included in this list. The following jurisdictions were encompassed by the coverage formula before the Supreme Court announced its decision.28 Code of Federal Regulations, Part 51 Appendix

1965

The following jurisdictions were brought into coverage under the original coverage formula contained within the unrevised Voting Rights Act of 1965:

*States:
**Alabama
**Georgia
**Louisiana
**Mississippi
**South Carolina
**Virginia
*Counties:
**''North Carolina:''
*** Anson County, North Carolina
*** Beaufort County, North Carolina
*** Bertie County, North Carolina
*** Bladen County, North Carolina
*** Camden County, North Carolina
*** Caswell County, North Carolina
*** Chowan County, North Carolina