Lopez v. Monterey County

525 U.S. 266, 119 S. Ct. 693, 142 L. Ed. 2d 728, 1999 U.S. LEXIS 745, 1999 Colo. J. C.A.R. 353, 67 U.S.L.W. 4076, 99 Cal. Daily Op. Serv. 519, 99 Daily Journal DAR 590
CourtSupreme Court of the United States
DecidedJanuary 20, 1999
Docket97-1396
StatusPublished
Cited by79 cases

This text of 525 U.S. 266 (Lopez v. Monterey County) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Monterey County, 525 U.S. 266, 119 S. Ct. 693, 142 L. Ed. 2d 728, 1999 U.S. LEXIS 745, 1999 Colo. J. C.A.R. 353, 67 U.S.L.W. 4076, 99 Cal. Daily Op. Serv. 519, 99 Daily Journal DAR 590 (1999).

Opinions

Justice O'Connor

delivered the opinion of the Court.

Under the Voting Rights Act of 1965 (Act or Voting Rights Act), 79 Stat. 437, as amended, 42 U. S. C. § 1973 et seq., des[269]*269ignated States and political subdivisions are required to obtain federal preclearance before giving effect to changes in their voting laws. See § 1978c. Here, the State of California (California or State), which is not subject to the Act’s preelearance requirements, has passed legislation altering the scheme for electing judges in Monterey County, California (Monterey County or County), a “covered” jurisdiction required to preclear its voting changes. In this appeal, we review the conclusion of a three-judge District Court that Monterey County need not seek approval of these changes before giving them effect. The District Court reasoned, specifically, that California is not subject to the preclearance requirement and that Monterey County merely implemented a California law without exercising any independent discretion. We hold that the Act’s preclearance requirements apply to measures mandated by a noncovered State to the extent that these measures will effect a voting change in a covered county. Accordingly, we reverse the decision of the District Court.

I

The instant appeal marks the second occasion on which this Court has addressed issues arising in the course of litigation over the method for electing judges in Monterey County, and we assume familiarity with our previous decision in this case. See Lopez v. Monterey County, 519 U. S. 9 (1996).

A

Congress enacted the Voting Rights Act under its authority to enforce the Fifteenth Amendment’s proscription against voting discrimination. The Act contains generally applicable voting rights protections, but it also places special restrictions on voting activity within designated, or “covered,” jurisdictions. Jurisdictions — States or political subdivisions — are selected for coverage if they meet specified criteria suggesting the presence of voting discrimination in [270]*270the jurisdiction. The criteria pertinent to this case were established by a 1970 amendment to the Act that extended coverage to any jurisdiction that “(i) the Attorney General determines maintained on November 1,1968, any test or device [as a prerequisite to voting], and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1968, or that less than 50 per centum of such persons voted in the presidential election of November 1968.” 84 Stat. 815, 42 U. S. C. § 1978b(b).

The Act subjects covered jurisdictions to special restrictions on their voting laws. Section 4(a) suspends use of a “test or device” in any jurisdiction designated for coverage. § 1973b(a)(l). In addition, § 5 of the Act provides that covered jurisdictions must obtain federal approval for any measure that departs from the voting scheme in place in the jurisdiction on a specified date. The portion of § 5 applicable in this ease provides, specifically, that federal preelearanee is required “whenever a [covered] State or political subdivision . . . shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1,1968.” § 1973c.

A covered jurisdiction has two avenues available to seek the federal preelearanee required under §5. The jurisdiction may submit the proposed voting change to the Attorney General. If the Attorney General affirmatively approves the change or fails to object to it within 60 days, the change is deemed precleared and the jurisdiction may put it into effect. Ibid. Alternatively, either in the first instance or following an objection from the Attorney General, a covered jurisdiction may seek preelearanee for a voting change by filing a declaratory judgment action in the United States District Court for the District of Columbia. Ibid. The change is precleared if the court declares that the proposed [271]*271“qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title [proscribing voting restrictions based on membership in a language minority group].” § 1973c.

In 1971, Monterey County was designated a covered jurisdiction based on findings that, as of November 1, 1968, the County maintained California’s statewide literacy test as a prerequisite to voting and less than 50 percent of the County’s voting age population participated in the November 1968 Presidential election. 35 Fed. Reg. 12354 (1970); 36 Fed. Reg. 5809 (1971); see also 42 U.S.C. §1973b(b). Accordingly, the County must obtain federal preelearance for any departure from the voting scheme in place on November 1,1968.

In fact, over the last 30 years, there have been numerous changes in the structure of the County’s trial court system and the scheme for electing judges. On November 1, 1968, Monterey County had nine judicial districts: two municipal court and seven justice court districts. As we observed in our earlier opinion, see Lopez v. Monterey County, supra, at 12, municipal court districts encompassed larger populations than their justice court counterparts, and the former districts had two judges whereas the latter had one. Moreover, justice courts were not courts of record, and their judges frequently worked part time. Each of the nine districts in place in 1968 was wholly independent, and its judges were elected at large by voters in the district in which they served.

Since 1972, however, the County’s judicial system has undergone substantial change resulting in what is today a single, countywide municipal court served by 10 judges. Four County ordinances adopted between 1972 and 1976 reduced the number of justice court districts in the County [272]*272from seven to three.

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525 U.S. 266, 119 S. Ct. 693, 142 L. Ed. 2d 728, 1999 U.S. LEXIS 745, 1999 Colo. J. C.A.R. 353, 67 U.S.L.W. 4076, 99 Cal. Daily Op. Serv. 519, 99 Daily Journal DAR 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-monterey-county-scotus-1999.