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<br />U <br />Section 5 -Voting Rights Act <br />To obtain preclearance, the <br />governmental entity must show that <br />the proposed election change "does <br />not have the purpose and will not have <br />the effect of denying or abridging the <br />right to vote." <br />~~' <br />Effect for 2001 <br />Preclearance Process <br />^ DOJ may object if a proposed plan reduces <br />minority voting strength and a fairly drawn <br />alternative plan could ameliorate or prevent <br />that retrogression. <br />^ Burden is on the governmental body to show a <br />less retrogressive plan could not be drawn. <br />^ There may be more Section 2 suits, including <br />suits brought by the Department of Justice. <br />Preclearance under Section 5 does not insulate <br />a plan from Section 2 liability. <br />o..~.a......~......a,.............o...~~,,. ~~~ <br />Effect for 2001 <br />Preclearance Process <br />^ A plan may not be retrogressive <br />^ Retrogression is measured against the <br />benchmark <br />^ Benchmark is determined by looking at - <br />the last legally enforceable plan using <br />the PL94-171 census data <br />^ Retrogression is analyzed in terms of the <br />new plan as a whole compared to the <br />benchmark as a whole ~ ~' <br /> <br />• <br />• <br />• <br />6 <br />