For Release 13 August 2008

WASHINGTON DC - Today, a three-judge federal court in Washington, DC approved a consent judgment and decree for Amherst County, Virginia, lifting the requirement that the county submit any proposed voting changes to the Department of Justice (DOJ). The county is the fourteenth local government to obtain a bailout under the Voting Rights Act since the Act was amended in 1982. The other jurisdictions to bailout are: the cities of Fairfax, Salem, Winchester, and the counties of Augusta, Botetourt, Essex, Frederick, Greene, Middlesex, Shenandoah, Roanoke, Rockingham, and Warren. One other Virginia County, Pulaski County, reached agreement with DOJ to bailout several years ago, but never got its bailout papers approved by a three-judge court, as required by the Act.

The bailout means that Amherst County will no longer be required to submit any voting changes to the Department of Justice Department (DOJ) for preclearance review, and will give local election officials greater flexibility in making many routine voting and election changes that will benefit voters. In order to obtain a bailout from the Voting Rights Act, counties and municipalities must file suit against the U.S. Department of Justice. In cases like Amherst County’s, where the Justice Department deems the bailout appropriate, DOJ will cooperate with the consent judgment and decree.

“Amherst County has demonstrated a solid record of compliance with all provisions of the Voting Rights Act over an extended period of time, thus making it eligible to receive the bailout,” said J. Gerald Hebert, Executive Director of the Campaign Legal Center, who handled the County’s case.

Hebert applauded officials in the County, particularly the County’s General Registrar of Voters, Mr. Gary Bartlett and credited the Registrar and other county election officials for operating fair and open voter registration and election administration offices. Hebert said that their efforts made it easy to establish the facts demonstrating the County’s bailout eligibility and that Amherst County’s bailout should encourage other local governments to pursue a bailout.

“After all, the Voting Rights Act and its bailout provisions are working as originally intended: once a local government has a sustained record of nondiscrimination in all phases of the voting process, then it should be free to exercise their prerogative to bail out,” Hebert said. “Amherst County is rightfully proud of its impressive record of equal opportunity. And today’s bailout puts a stamp of approval on the County’s voting and election practices.”

Other bailouts lawsuits have been filed and are pending against the Department of Justice for Page and Washington Counties. Hebert has represented all fourteen Virginia jurisdictions that have obtained bailouts. Hebert added that he thought more local governments would likely pursue bailouts in the future, especially now that the Act has been extended and the bailout provisions remained unchanged.

“State and local governments that believe they are eligible to bailout should do so, because it is relatively easy if the local government affords all of its citizens an equal opportunity to participate effectively in the voting and electoral process,” Hebert said. “It’s also affordable and cost-effective for the local government.”