ABSTRACT
A key explanation for the phenomenon lies in the dearth of litigation challenging judicial election methods; only the threat and reality of lawsuits under Sections 2 and 5 of the Voting Rights Act had forced southern jurisdictions to adopt more racially fair election schemes. Starting in 1985, black voters began to challenge judicial election schemes. First, they established that Section 5 of the Voting Rights Act covers judicial elections; thus, states must seek federal preclearance for all changes in the election process, including the creation of additional judgeships. Second, and potentially of greater significance, they confirmed Section 2's coverage of judicial elections. Although the Voting Rights Act expressly eschews any right to proportional representation, in legislative cases courts often found substantial disparities between the percentage of minorities in the relevant jurisdiction and the share of offices held by minorities at least probative of dilution. The Voting Rights Act did an impressive job of integrating most organs of southern government.
