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 Cleveland County, North Carolina Craven County, North Carolina Cumberland County, North Carolina Edgecombe County, North Carolina Franklin County, North Carolina Gaston County, North Carolina Gates County, North Carolina Granville County, North Carolina Greene County, North Carolina Guilford County, North Carolina Halifax County, North Carolina Harnett County, North Carolina Hertford County, North Carolina Hoke County, North Carolina Lee County, North Carolina Lenoir County, North Carolina Martin County, North Carolina Nash County, North Carolina Northampton County, North Carolina Onslow County, North Carolina Pasquotank County, North Carolina Perquimans County, North Carolina Person County, North Carolina Pitt County, North Carolina Robeson County, North Carolina Rockingham County, North Carolina Scotland County, North Carolina Union County, North Carolina Vance County, North Carolina Wake County, North Carolina Washington County, North Carolina Wayne County, North Carolina Wilson County, North Carolina
1970 The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1970: Counties: California: Monterey County, California Yuba County, California New York: Bronx County, New York Kings County, New York New York County Municipalities: New Hampshire: Rindge, New Hampshire Millsfield Township, New Hampshire Pinkhams Grant, New Hampshire Stewartstown, New Hampshire Stratford, New Hampshire Benton, New Hampshire Antrim, New Hampshire Boscawen, New Hampshire Newington, New Hampshire Unity, New Hampshire
1975 The following additional jurisdictions became subject to preclearance after the coverage formula was amended in 1975: States: Alaska Arizona Texas Counties: California: Kings County, California Merced County, California Yuba County, California Florida: Collier County, Florida Hardee County, Florida Hendry County, Florida Hillsborough County, Florida Monroe County, Florida New York: Bronx County, New York Kings County, New York North Carolina: Jackson County, North Carolina South Dakota: Shannon County, South Dakota Todd County, South Dakota Municipalities: Michigan: Clyde Township, Michigan Buena Vista Township, Michigan
Jurisdictions bailed out of coverage Covered jurisdictions may have their coverage terminated by succeeding in a "bail out" action in court. Effective August 5, 1984, the bail out provision was liberalized, allowing more jurisdictions to bail out of coverage. The following jurisdictions have bailed out of coverage:
Before August 1984 Wake County, North CarolinaWake Cnty. v. United States, No. 1198-66 (D.D.C. Jan. 23, 1967) Curry, McKinley, and Otero Counties, New MexicoNew Mexico v. United States, No. 76-0067 (D.D.C. July 30, 1976) Towns of Cadwell, Limestone, Ludlow, Nashville, Reed, Woodland, Connor, New Gloucester, Sullivan, Winter Harbor, Chelsea, Sommerville, Carroll, Charleston, Webster, Waldo, Beddington, and Cutler, MaineMaine v. United States, No. 75-2125 (D.D.C. Sept. 17, 1976) Choctaw and McCurtain Counties, OklahomaChoctaw and McCurtain Cntys. v. United States, No. 76-1250 (D.D.C. May 12, 1978) Campbell County, WyomingCampbell Cnty. v. United States, No. 82-1862 (D.D.C. Dec. 17, 1982) Towns of Amherst, Ayer, Belchertown, Bourne, Harvard, Sandwich, Shirley, Sunderland, and Wrentham, MassachusettsMassachusetts v. United States, No. 83-0945 (D.D.C. Sept. 29, 1983) Towns of Groton, Mansfield, and Southbury, ConnecticutConnecticut v. United States, No. 83-3103 (D.D.C. June 21, 1984) El Paso County, ColoradoBoard of Cnty. Comm'rs v. United States, No. 84-1626 (D. D.C. July 30, 1984) Honolulu County, HawaiiWaihee v. United, States, No. 84-1694 (D.D.C. July 31, 1984) Elmore County, IdahoIdaho v. United States, No. 82-1778 (D.D.C. July 31, 1984)
After August 1984 City of Fairfax, Virginia (including City of Fairfax School Board)City of Fairfax v. Reno, No. 97-2212 (D.D.C. Oct. 21, 1997) Frederick County, Virginia (including Frederick County School Board; Towns of Middletown and Stephens City; and Frederick County Shawneeland Sanitary District)Frederick Cnty. v. Reno, No. 99-941 (D.D.C. Sept. 10, 1999) Shenandoah County, Virginia (including Shenandoah County School Board; Towns of Edinburg, Mount Jackson, New Market, Strasburg, Toms Brook, and Woodstock; Stoney Creek Sanitary District; and Toms Brook-Maurertown Sanitary District)Shenandoah Cnty. v. Reno, No. 99-992 (D.D.C. Oct. 15, 1999) Roanoke County, Virginia (including Roanoke County School Board and Town of Vinton)Roanoke Cnty. v. Reno, No. 00-1949 (D.D.C. Jan. 24, 2001) City of Winchester, VirginiaCity of Winchester v. Reno, No. 00-3073 (D.D.C. June 1, 2001) City of Harrisonburg, Virginia (including Harrisonburg City School Board)City of Harrisonburg v. Reno, No. 02-289 (D.D.C. Apr. 17, 2002) Rockingham County, Virginia (including Rockingham County School Board and Towns of Bridgewater, Broadway, Dayton, Elkton, Grottoes, Mt. Crawford, and Timberville)Rockingham Cnty. v. Reno, No. 02-391 (D.D.C. May 24, 2002) Warren County, Virginia (including Warren County School Board and Town of Front Royal)Warren Cnty. v. Ashcroft, No. 02-1736 (D.D.C. Nov. 26, 2002) Greene County, Virginia (including Greene County School Board and Town of Standardsville)Greene Cnty. v. Ashcroft, No. 03-1877 (D.D.C. Jan. 19, 2004) Pulaski County, Virginia (including Pulaski County School Board and Towns of Pulaski and Dublin)Pulaski Cnty. v. Gonzales, No. 05-1265 (D.D.C. Sept. 27, 2005) Augusta County, Virginia (including Augusta County School Board and Town of Craigsville)Augusta Cnty. v. Gonzales, No. 05-1885 (D.D.C. Nov. 30, 2005) City of Salem, VirginiaCity of Salem v. Gonzales, No. 06-977 (D.D.C. July 27, 2006) Botetourt County, Virginia (including Botetourt County School Board and Towns of Buchanan, Fincastle, and Troutville)Botetourt Cnty. v. Gonzales, No. 06-1052 (D.D.C. Aug. 28, 2006) Essex County, Virginia (including Essex County School Board and Town of Tappahannock)Essex Cnty. v. Gonzales, No. 06-1631 (D.D.C. Jan. 31, 2007) Middlesex County, Virginia (including Middlesex County School Board and Town of Urbanna)Middlesex Cnty. v. Gonzales, No. 07-1485 (D.D.C. Jan. 7, 2008) Amherst County, Virginia (including Town of Amherst)Amherst Cnty. v. Mukasey, No. 08-780 (D.D.C. Aug. 13, 2008) Page County, Virginia (including Page County School Board and Towns of Luray, Stanley, and Shenandoah)Page Cnty. v. Mukasey, No. 08-1113 (D.D.C. Sept. 15, 2008) Washington County, Virginia (including Washington County School Board and Towns of Abington, Damascus, and Glade Spring)Washington Cnty. v. Mukasey, No. 08-1112 (D.D.C. Sept. 23, 2008) Northwest Austin Municipal Utility District Number One, TexasNorthwest Austin Mun. Util. Dist No. One v. Mukasey, No. 06-1384 (D.D.C. Nov. 3, 2009) City of Kings Mountain, North CarolinaCity of Kings Mountain v. Holder, 746 F. Supp. 2d 46 (D.D.C. Oct. 22, 2010) City of Sandy Springs, GeorgiaCity of Sandy Springs v. Holder, No. 10-1502 (D.D.C. Oct. 26, 2010) Jefferson County Drainage District Number Seven, TexasJefferson Cnty. Drainage Dist No. Seven v. Holder, No. 11-461 (D.D.C. June 6, 2011) Alta Irrigation District, CaliforniaAlta Irrigation Dist. v. Holder, No. 11-758 (D.D.C. July 15, 2011) City of Manassas Park, VirginiaCity of Manassas Park v. Holder, C.A. No. 11-749 (D.D.C. Aug. 3, 2011) Rappahannock County, Virginia (including Rappahannock County School Board and Town of Washington)Rappahannock Cnty. v. Holder, C.A. No. 11-1123 (D.D.C. Aug. 9, 2011) Bedford County, Virginia (including Bedford County School Board)Bedford Cnty. v. Holder, No. 11-499 (D.D.C. Aug. 30, 2011) City of Bedford, VirginiaCity of Bedford v. Holder, No. 11-473 (D.D.C. Aug. 31, 2011) Culpeper County, Virginia (including Culpeper County School Board and Town of Culpeper)Culpeper Cnty. v. Holder, No. 11-1477 (D.D.C. Oct. 3, 2011)