perkins matthews argued october decided january appellants voters candidates city offices sought enjoin election canton mississippi alleging requirements differed effect november last city election city sought enforce changed requirements without following approval procedure set forth voting rights act section precludes state political subdivision covered act administering voting qualification prerequisite voting standard practice procedure respect voting different force effect november without first submitting change attorney general securing declaratory judgment district district columbia change racially discriminatory purpose effect canton covered act sought enforce changes location polling places municipal boundaries annexations adjacent areas thus increasing number eligible voters ward election aldermen though election aldermen called mississippi statute canton election wards single district judge relying allen state board elections temporarily restrained election examining challenged changes determine whether discriminatory purpose effect dissolved injunction dismissed complaint held considered issue whether particular state enactment subject provisions voting rights act therefore must submitted approval enforcement allen supra pp challenged changes falls within standard practice procedure respect voting different force effect november requires prior submission pp changed locations polling places come within since changes may affect one ability vote may racially discriminatory purpose effect pp changes boundary lines annexations determining may vote city elections inclusion certain voters diluting weight votes franchise prior annexation view great potential racial discrimination voting clearly come within scope pp change ward election aldermen comes within purview since procedure fact force effect november election aldermen wards pp appropriate remedy determined district hearing views parties pp brennan delivered opinion douglas stewart white marshall joined blackmun filed opinion concurring judgment burger joined post harlan filed concurring dissenting opinion post black filed dissenting opinion post armand derfner argued cause filed brief appellants robert goza argued cause appellees brief summer attorney general mississippi william allain assistant attorney general justice brennan delivered opinion section voting rights act stat supp provides whenever state political subdivision covered act shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november person shall denied right vote failure comply qualification prerequisite standard practice procedure state subdivision first obtained declaratory judgment district district columbia qualification prerequisite standard practice procedure purpose effect denying abridging right vote account race color unless chief legal officer appropriate official state subdivision submitted qualification prerequisite standard practice procedure attorney general attorney general interposed objection within sixty days submission question case whether city canton mississippi precluded enforcing elections mayor aldermen certain changes respect voting first submitted attorney general district district columbia appellants voters candidates mayor alderman sought enjoin elections action brought district southern district mississippi alleged requirements elections differed effect november last mayoral aldermanic elections changes locations polling places changes municipal boundaries annexations adjacent areas enlarged number eligible voters change ward election aldermen city canton alleged sought enforce changes without first submitting attorney general obtaining declaratory judgment pending convening three judges required single judge temporarily restrained elections originally scheduled spring however hearing dissolved temporary injunction dismissed complaint supp elections held october challenged changes effect noted probable jurisdiction reverse misconceived permissible scope inquiry appellants allegations decision allen state board elections handed two months action instituted settled question inquiry limited determination whether state requirement covered subjected required federal scrutiny allen held explicitly issue whether particular state enactment subject provisions voting rights act therefore must submitted approval enforcement emphasis added important distinguish instant cases brought state seeking declaratory judgment new voting laws discriminatory purpose effect latter type cases substantive questions necessary approval discriminatory purpose effect litigated cases decided question whether new legislation must submitted approval emphasis supplied questions decided three judge designated whether state mississippi political subdivisions acted way cause constitute voting qualification prerequisite voting standard practice procedure respect voting within meaning section voting rights act changed situation existed november whether prior city filed request declaratory judgment district district columbia asked approval attorney general single judge made limited examination claims concerning boundary extensions selection polling places permitted allen basis preliminary findings required submitted granted temporary injunction included single judge adhere allen holding read opinion challenged changes examined merits determine whether discriminatory purpose effect emerges particular clarity consideration annexations canton failure obtain prior approval annexations held violate act express ground black voters still majority less expansions effected similarly considering change ward election aldermen provided mississippi statute miss code ann supp remarked since majority voters canton black equally true act black voters power wish influenced race alone elect black governing body true disclaimed reliance lack discriminatory effect basis holding change ward election aldermen covered stated decision rested fact law antedated voting rights act complied regardless whether city complied ibid true finding merit challenge relocation polling places based holding proofs changes made necessary one place space voting machines two others moved situated private property bank lobbies permission use space withdrawn another moved courthouse school building facilities ample move eliminated interference sessions various courts sitting courthouse ibid nevertheless considerations far relevant relevant questions reserved consideration attorney general district district columbia however interest judicial economy shall remand district making properly limited inquiry record adequate enable us decide whether challenged changes submitted approval shall therefore decide question ii held allen congress intended act given broadest possible scope reach state enactment altered election law covered state even minor way significant congress chose include even minor exceptions changing paper ballots voting machines thus indicating intention changes matter small subjected scrutiny tested standard three changes challenged case falls within voting qualification prerequisite voting events standard practice procedure respect voting different force effect november even without going beyond plain words statute think clear location polling places constitutes standard practice procedure respect voting abstract right vote means little unless right becomes reality polling place election day accessibility prominence facilities prior notice polling place location effect person ability exercise franchise given explicit concern purpose effect voting standard practice procedure location polling places comes within section coverage moreover legislative history provides ample support conclusion congress intended cover change polling places senate judiciary committee attorney general explicitly testified change place registration change paper ballot machine changes kind designed reach plainly relocation polling places precisely kind change moreover inheres determination location polling places obvious potential denying abridging right vote account race color stat supp locations distances remote black communities places calculated intimidate blacks entering failure publicize changes adequately might well effect consequently think clear requires prior submission changes location polling places changing boundary lines annexations enlarge city number eligible voters also constitutes change standard practice procedure respect voting clearly revision boundary lines effect voting two ways including certain voters within city leaving others outside determines may vote municipal election may dilutes weight votes voters franchise limited annexation right suffrage denied debasement dilution weight citizen vote effectively wholly prohibiting free exercise franchise reynolds sims moreover designed cover changes potential racial discrimination voting potential inheres change composition electorate affected annexation gomillion lightfoot provides clearcut illustration potential boundary changes denying abridging right vote account race color addition based findings study operation voting rights act civil rights commission commission director reported congress gerrymandering boundary changes become prime weapons discriminating negro voters history white domination south one adaptiveness passage voting rights acts increased black registration followed resulted new methods maintain white control political process example state legislatures political party committees alabama mississippi adopted laws rules since passage act purpose effect diluting votes newly enfranchised negro voters measures taken form switching elections negro voting strength concentrated particular election districts facilitating consolidation predominantly negro predominantly white counties redrawing lines districts divide concentrations negro voting strength hearings voting rights act extension subcommittee house committee judiciary ser remarks glickstein right vote affected dilution voting power well absolute prohibition casting ballot see reynolds sims conclusion location polling places municipal boundary changes come within draws support interpretation followed attorney general administration statute shows great deference interpretation given statute officers agency charged administration udall tallman attorney general interpretation recently reported officials department justice testimony related extension act testified department regarded relocating polling places annexing territory falling within act testimony also indicated interpretation accepted least affected political subdivisions submitted changes attorney general approval hearings amendments voting rights act subcommittee constitutional rights senate committee judiciary support testimony justice department submitted formal table showing changes laws respect voting submitted attorney general acted upon department divided responses submissions three categories changes department consider within scope changes department considered within scope department object changes within scope department objected discriminatory every change boundary election district lines well every change polling places shown table considered department within scope hearings voting rights act extension subcommittee house committee judiciary ser pp change ward elections aldermen course change within coverage act fairley patterson supra dispositive question however question arises case peculiar context change elections mandated mississippi statute enacted canton ignored mandate conduct municipal elections elected aldermen wards canton argues choice comply statute elections concluded nevertheless change elections required federal scrutiny section express terms reaches standard practice procedure different force effect november view reference procedure force effect november must taken mean procedure followed election held date judgment necessarily matter inference case since canton hold municipal election november drawing inference little reason blind relevant evidence record restricting gaze events occurred date ordinarily presume officials act accordance law see first national bank albuquerque albright available facts showed canton conducted election wards mississippi legislature subsequently enacted statute requiring future municipal elections held large canton officials entitled weight presumption benefit hindsight however know canton elected aldermen wards june municipal election record reflects relevant change november june suggest different procedure effect elections held seven months earlier consequently conclude procedure fact force effect canton november elect aldermen wards sufficed bring change within case allen clear however new procedure respect voting different procedure effect canton became subject act bearing statute upon change attorney general district district columbia decide iii appellants urged addition reversing district judgment set aside elections held october order new elections held forthwith changes challenged case may enforced allen declined like invitation gave decision prospective effect primarily scope coverage issue first impression subject rational disagreement reasoning inapplicable case since allen decided two months originally scheduled dates canton elections arguing new elections appellants emphasize desire congress ensure subdivisions covered act institute new laws respect voting might racially discriminatory purpose effect basis legislative history little question congress sought achieve goal relying upon voluntary submission affected subdivisions changes laws enforcing failure affected governments comply statutory requirement nullify entire scheme since department justice resources police effectively subdivisions covered act see allen since private suits seem unlikely sufficiently supplement federal supervision moreover based upon ample proof repeated evasion decrees extended litigation designed delay implementation federal constitutional rights congress expressly indicated intention subdivisions rather citizens seeking exercise rights bear burden delays litigation time recognize determining appropriate remedy factors may relevant nature changes complained whether reasonably clear time election changes covered certain circumstances example might appropriate enter order affording local officials opportunity seek federal approval ordering new election local officials fail required federal approval forthcoming since district familiar nuances local situation heard evidence case think question appropriate remedy determine first instance hearing views parties judgment district reversed case remanded instructions issue injunctions restraining enforcement changes time appellees adequately demonstrate compliance proceedings consistent opinion ordered footnotes mississippi subdivisions determined covered act fed reg individual may bring suit declaratory judgment injunctive relief claiming state requirement covered subjected required federal scrutiny allen state board elections construed statute require suit heard ibid appellants alleged prior voting rights act less black citizens canton qualified electors trial lawsuit one appellants testified approximately registered black electors white electors election based average index two voters per residence district concluded figures included approximately black voters white voters annexations case annexations case also increased land area city approximately required boundaries four election wards changed conform new city limits municipal primary elections originally scheduled may municipal general elections june primary elections actually held october general election october dissolved temporary injunction claim concerning change ward election aldermen added amendment chairman say fact keystone situation changes procedures talking like changing paper ballot machine may likely effect denying abridging rights guaranteed amendment katzenbach even sense innocent kind law experiences indicated time time used change place registration instance hearings subcommittee house committee judiciary ser one congressman supported act observed voted voting rights act hoped years ample time resistance progress subtle effective thought possible whole arsenal racist weapons perfected boundary lines gerrymandered elections switched basis counties consolidated elective offices abolished blacks chance winning appointment process substituted elective process election officials withheld necessary information voting running office physical economic intimidation employed section intended prevent use devices apparently rarely obeyed mandate section federal government timid enforcement hearings voting rights act extension subcommittee house committee judiciary ser pp remarks mcculloch congress extended life act including voting rights act amendments pub stat amicus brief filed fairley patterson government took position applied laws substantially change constituency certain elected officials surely doubt today right vote curtailed effectively impermissible demarcation elected official constituency destruction ballots refusal permit access voting booth memorandum amicus curiae government arguing reached change ward elections interpretation equally germane boundary annexations present case justice harlan argues apparent clarity department position taken congressional committees clouded department failure challenge unsubmitted annexations covered however government amicus brief fairley specifically denied significance attributed government failure bring suit arguing applied redistricting reapportionment covered act government stated attorney general failure bring suit cases involving reapportionment redistricting properly viewed undermining section cases refuting clear congressional intent provision given broad scope assumed past silence attorney general prepared interpose objection changes effected memorandum amicus curiae supra moreover indication attorney general justice department officials aware boundary changes referred dissenting opinion mention appears extensive congressional materials justice department enforcement activities submitted congress relation recent extension act hearings amendments voting rights act subcommittee constitutional rights senate committee judiciary sess hearings voting rights act extension subcommittee house committee judiciary ser finally attributing significance apparent failure government act particularly hazardous case section enacted large part acknowledged anticipated inability justice department given limited resources investigate independently changes respect voting enacted subdivisions covered act see infra reason places burden affected polities submit changes prior approval department may unable discover investigate changes reported circumstances surprising cast serious doubt explicit official statements department interpretation statute table reflects fact south carolina complied rigorously june submitted changes approval including three annexations one consolidation approved state legislature political subdivisions south carolina however submitted changes initiative georgia subdivisions submitted changes approval including one annexation one consolidation election districts two changes lines election districts true georgia session laws reflect numerous annexations submitted attorney general also true georgia session laws reflect least equal number changes obviously covered interpretation also submitted example georgia state legislature enacted following acts applicable one municipality submitted attorney general four acts changing voter qualifications municipal elections three acts changing municipal elections paper ballots voting machines four acts completely revising municipal election codes two acts requiring majority vote instead plurality election city officials georgia state legislature enacted following acts applicable one municipality submitted attorney general seven acts changing dates municipal elections increasing terms municipal officials one act creating voter residency requirement oath taken voters one act changing number aldermen requiring majority vote election aldermen one act changing voter qualifications one act completely revising municipal election code exhaustive list even two years remaining four covered act mississippi alabama louisiana virginia submitted combined total changes conclusion drawn unfortunate record one state regularly complying requirement reason canton failure conform election state law appear record oral argument appellee counsel stated lapse due overlooking law hearings subcommittee house committee judiciary ser pp hearings senate committee judiciary sess pt pp cong rec remarks tydings remarks celler remarks corman opponents act also recognized severity requirements remarks talmadge remarks willis add one restriction district decides new election required canton permitted enforce changes new election obtain federal approval justice blackmun chief justice joins concurring judgment given decision allen state board elections case cited district join judgment reversal order remand justice harlan concurring part dissenting part role case correctly recognizes limited determination whether voting rights act supp required city canton obtain federal approval way proposed run elections reason unable join dissenting opinion justice black post although like see little likelihood changes involved discriminatory purpose effect agree substantially reasons gives city submitted relocation polling places federal approval agree obliged follow course respect two matters issue whether congress constitutionally require state submit changes laws federal approval cf south carolina katzenbach separate opinion black voting rights act purport section requires submission changes respect voting seems interpret restriction including change state law effect voting changes type potential racial discrimination voting ante limitation implied latter clause prove meaningless practical matter given change effect voting set circumstances may conceived respect almost situation change bear heavily one race another effect therefore requires submission change effect voting think plain statutory phrase respect voting intended limited compass legislative history voting rights act examined majority opinion separate opinion allen state board elections useful purpose served retraversing ground covered concluded review history intended reach state enactment altered election law covered state even minor way opinions allen case devoid evidence legislative intent go beyond state election law reach matters annexations affect voting incidentally peripherally fairley patterson decided allen remarks solicitor general amicus brief case plainly distinguishable basis least absence contrary administrative interpretation go beyond allen hold annexations within scope assertion attorney general fact interpret act differently seems give much weight passing remark assistant attorney general cf allen state board elections ii fairley patterson held change election districts election large within scope question determination two procedures force effect november interprets quoted phrase mean procedure probably followed election held crucial date regardless provisions controlling state law interpretation wholly unreasonable find unlikely one congress preferred thought problem resolution hypothetical factual question required test quite inconvenient unmanageable attorney general district district columbia far scene moreover test results may turn seeming fortuity first election november local officials forgot controlling statute statewide application private citizen brought suit election set aside barring state attempts resurrect statutes interpret procedure force effect november mean procedure required state law interpretation hold change election wards election large occurred effective date state statute therefore require approval iii must confess somewhat mystified discussion appropriate remedy case reasons set partial dissent allen direct holding new elections city fails obtain approval appropriate federal officials within reasonable time approval forthcoming see justification requiring rerun elections see opinion justice black post page approval forthcoming fact violation federal statute interpreted possibility changes discriminatory purpose effect seem require new elections absence exceptional circumstances foresee event district entitled guidance score provides fact attorney general expressed opinion merits handful border changes presented rather dismissing within scope seems entitled little weight face enormous number annexations submitted done nothing fiscal year beginning july municipal annexations south carolina report secretary state south carolina none submitted approval attorney general hearings voting rights act extension subcommittee house committee judiciary ser pp georgia session laws years reveal boundary changes georgia cities one submitted attorney general one also involved redrawing ward lines far face statute act march laws reveals redrawing ward lines may completely altered political map city case hand old ward lines simply extended new city limits assuming statute requires determination hypothetical factual question thought passed district first instance record simply sparse reveal statute followed whether cause operative year earlier defendants entitled prevail theory plaintiffs failed come forward adequate proof procedure force effect least entitled hearing may address issue justice black dissenting south carolina katzenbach upheld voting rights act legitimate exercise congressional power enforce provisions fifteenth amendment agreed majority congress broad power fifteenth amendment enforce ban racial discrimination voting however dissented vigorously majority conclusion every part voting rights act constitutional fears precipitated dissent katzenbach fully realized case majority relying katzenbach actually holds city canton mississippi little town persons change four polling places election aldermen without first obtaining federal approval section voting rights act provides political subdivision subject act may adopt voting law election practice different effect november without first going way washington submit proposed change attorney general obtain favorable declaratory judgment district district columbia stated belief dissents katzenbach allen state board elections section voting rights act violates constitution deprives political subdivisions power make laws govern without advance federal approval constitution founding fathers drafted people adopted amended believe power initiate enforce laws easily taken away case poignantly demonstrates extent federal government usurped function local government local people place hands district district columbia attorney general thousand miles away canton mississippi last election aldermen city canton one issue held procedures used election used election four five alderman elected wards two wards white voters majority two black voters majority one alderman elected large city adopted three changes elections detailed consideration changes shows pertained solely local concerns national government proper interest involve racial discrimination polling places city altered four local polling places two moved old polling places located private property owners longer consent use property voting find incredible believe congress intended people canton travel washington get attorney general consent rent new polling places another polling place moved old one sufficient space accommodate voting machines finally fourth place moved courthouse public school eliminate interference courtroom proceedings difficult imagine matter peculiarly exclusively fit local determination location polling places election town aldermen slightest indication changes motivated resulted racial discrimination district unanimously agreed undisputed evidence appellants attack changes polling places merit yet majority decided city canton move polling places without first submitting proposed change politically appointed attorney general district thousand miles away presumably majority ready hold necessary city canton change ballots voting machines without obtaining similar federal approval dissent utter degradation power govern affairs boundary extensions majority also finds canton violated act making three separate extensions city boundaries extension city limits added negro voters voter registration rolls annexation added white voters annexation added black voters white voters annexation added eight black voters white voters sum three extensions added black voters white voters figures must viewed relation voting population city january white voters negro voters apparent even figures included voters annexed areas additions alter racial balance voters canton moreover undisputed time election question absolute majority voters canton black finally district found annexations part stratagem deliberately designed overturn black majority municipal polls view constitution prohibits federal government requiring federal approval state laws become effective proposals congressional veto power state laws made constitutional convention overwhelmingly rejected fourteenth amendment alter basic structure federal system government fourteenth amendment bar discrimination account race give federal government power enforce ban racial discrimination case congress attempted enforce ban racial discrimination requiring submit laws practices federal approval even initiated view requirement attempts accomplish constitutional end banning racial discrimination means requiring submission proposed state laws attorney general violates letter spirit constitution goes even permits use unconstitutional means case parties shown racial discrimination elections congress enacted voting rights act mississippi passed state statute requiring cities conduct elections aldermen candidates run large reason revealed record city canton failed comply law elections aldermen majority holds canton violated mississippi law elections city must violate law future elections unless officials canton secure federal permission abide admittedly valid law state view congress intend constitution permit perversion federal system government majority support unprecedented decision grounds racial discrimination beyond comprehension change wards election discriminate negroes account race city absolute majority negro voters one vice attempts shortcut federal government job policing racial discrimination voting radically curtailing power certain conduct elections leaving wholly free restraint moreover unnecessary enforcement voting rights act serve cause irritation pernicious divisiveness applies mississippi state abridges rights citizens account race proper course institute suit federal discriminatory practice halted course proceedings state statute practice presumed valid attorney general prove challenged act practice discriminatory discrimination established federal government power fourteenth amendment supremacy clause interfere state conduct affairs act attempts reverse proper order things congress presumes presumption upholds state statutes regulating voting discriminatory enjoins enforcement state convince distant federal judges politically appointed officials statute discriminatory permits federal government suspend effectiveness enforcement state act discrimination proved think federal government without power suspend state statute discrimination proved inevitable effect reversal roles happened case nondiscriminatory state practice statute voided wholly without constitutional authority except applied southern renewed spirit reconstruction people country never stand perversion separation authority state federal governments never new york california required come begging city washington enforce valid enactments legislature never law emerged congressional committee applied entire people jealous local governments permit bold seizure authority finally dissent remedy adopted majority adds insult injury remanding case district instructions determine whether canton required hold new election always heretofore rightly hesitant interfering elections even grossest abuses majority departs many precedents restraint election cases suggests district may appropriate invalidate election require village undergo great expense tremendous disruption new election remand case inappropriate least two reasons first majority decision predicated upon actual discrimination voters city canton merely upon failure seek federal approval de minimis changes election machinery majority pretend actual discrimination proved case citations finding civil rights commission past instances racial discrimination statements made congressmen supported voting rights act prove discrimination case absence affirmative proof racial discrimination believe abuse remedial discretion may vested federal judiciary compel canton hold new election second believe remanding case brethren neglecting constitutional duty decide issue necessary full disposition case case litigation since may election already postponed time majority mandate acted upon district disposed jurisdictional statement inevitably follow canton elections around corner posture require new election remedy constitutional statutory wrong harsh oppressive punishment wholly unwarranted facts case moreover order directing new election shotgun sanction damaging candidates people canton useless campaign expenses borne white black candidates town property sales taxes imposed citizens black white rich poor collect tax money pay expenses new election need remind district judges elections expensive southern towns rich convinced majority confront issue appropriate remedy void election compel city hold new election contrary election upheld alleged violations act minor clearly technical forget easy judges order new elections neither easy inexpensive little city canton comply order reasons set dissents south carolina katzenbach supra allen state board elections supra affirm judgment district voting rights act supp see debates federal convention reported james madison documents illustrative formation union american chapter laws mississippi provides aldermen shall selected vote entire electorate municipality municipalities determine select one alderman four wards shall select one candidates alderman particular ward shall resident said ward majority vote entire electorate municipality strong argument made statute procedure respect voting force effect november case officials canton prohibited voting rights act enforcing absent federal approval section act enforcement reminiscent treatment accorded colonies british king colonies complaints july refused assent laws wholesome necessary public good forbidden governors pass laws immediate pressing importance unless suspended operation till assent obtained suspended utterly neglected attend refused pass laws accommodation large districts people unless people relinquish right representation legislature right inestimable formidable tyrants called together legislative bodies places unusual uncomfortable distant depository public records sole purpose fatiguing compliance measures declaration independence july brothers chief justice justice blackmun stated iven decision allen state board elections join judgment case admit precisely understand mean given allen neither chief justice justice blackmun member allen decided certainly bound past mistakes think allen mistake yet understand given allen necessarily means agree decided case believe allen wrongly decided overrule moreover believe acceptance decision allen necessitates compelling city canton seek attorney general consent either changes local polling places changes issue case