A current lawsuit in federal court in Nevada is endeavoring to stop a recall election for several Nevada Senators. The lawsuit argues that recall elections necessarily violate Section 2 of the Voting Rights Act because racial and language minority Americans pay less attention to public issues and have a harder time participating in a second election, and therefore recall elections have a disparate statistical impact on racial and ethnic minorities. The Public Interest Legal Foundation joined the defendants to help Nevada and is arguing that the language minority provisions of the Voting Rights Act go impermissibly beyond Congressional powers to protect against racial discrimination in the 15th Amendment, and that the Voting Rights Act does not allow for a disparate impact analysis to establish liability.
Christian Adams, General Counsel, Public Interest Legal Foundation, Election Law Center
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