Abstract
The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change could' result in significant restructuring of voting qualifications and districting plans.
Document Type
Article
Publication Date
2002
Recommended Citation
Henry L. Chambers Jr., Colorblindness, Race Neutrality, and Voting Rights, 51 Emory L.J. 1397 (2002).