Voting-rights act victory in Court

AUSTIN (KXAN) - A challenge to the Voting Rights Act of 1965 has given a local utility district the right to opt out of a certain part of the landmark legislation.

Northwest Austin Municipal Utility District No. 1 Board Members now have the ability to make changes, when it comes to voting, without having to get prior approval from the Department of Justice.

The small area of Northern Austin was faced with paperwork and expenses when members representing Canyon Creek wanted to move the voting precinct for the neighborhood board. It was being held in a garage and board members wanted to move the polling place to Canyon Creek Elementary School which meant the district was subject to Department of Justice scrutiny.

“We view it as a victory for the community because we don't think we should be subject to the restrictions of section 5 of the voting rights act cause we have never done anything to limit or restrict voting," said William Ferguson, President of the Northwest Austin Municipal Utility District Number One .

The Supreme Court on Monday let stand a central provision of the Voting Rights Act of 1965 , declaring that there was no need, at the moment, to decide whether that provision was still constitutional in light of the fundamental changes that have swept across the South in recent decades.

The court avoided the major constitutional questions raised in the case over the federal government's most powerful tool to prevent discriminatory voting changes since the mid-1960s.

Civil rights groups are breathing a sigh of relief after what could have dismantled important legislation.

“People were very worried that since they took the case that the voting rights act was unconstitutional,” said Jim Harrington, with the Texas Civil Rights Project . “Especially with the judges that were asking the questions. We are talking about four very conservative justices.”

What was at stake was Section 5 of the act. It requires a number of states and many local state governments, mostly in the South, to seek federal permission before changing their voting procedures. Many lawmakers felt the practices that required the creation of the Act have all but disappeared. Congress reauthorized the section in 2006 for another 25 years.