Boxx v. Bennett

I fully agree with and join in Judge Albritton’s well-reasoned opinion. I write separately only to express my views on the “potential-for-discrimination” issue which has been the source of much confusion in this and other recent cases brought to enforce the preclearance mandate of § 5 of the Voting Rights Act of 1965, 42 U.S.C.A. § 1973c.

The issue, in short, is whether § 5 applies to only those voting changes having a potential for discrimination. The State of Alabama argues that the recount provision of the electronic vote-counting procedures is not covered by § 5 — and thus need not be…