presley etowah county argued november decided january together mack et al russell county commission et also appeal section voting rights act requires covered jurisdiction obtain either judicial administrative preclearance enforcing new voting qualification prerequisite voting standard practice procedure respect voting various alabama counties voters elect members county commissions whose principal function supervise control county road maintenance repair construction etowah county commission without seeking preclearance passed inter alia common fund resolution altered prior practice allowing commissioner full authority determine spend funds allocated road district resolution passed four holdover members commission shortly appellant presley black man another new member elected districts established consent decree terms precleared attorney general russell county commission adopted unit system abolished individual road districts transferred responsibility road operations county engineer commission appointee neither commission resolution implementing state legislation submitted preclearance subsequent litigation led consent decree precleared justice department without mention unit system changes terms appellants mack gosha elected russell county first black county commissioners modern times along presley filed suit district alleging among things etowah russell counties violated failing obtain preclearance respectively common fund resolution adoption unit system convened pursuant held neither matter subject preclearance held neither common fund resolution adoption unit system change respect voting covered pp allen state board elections later decisions reveal consistent requirement changes subject pertain voting without implying four typologies exhaust statute coverage said cases fall within one following contexts changes manner voting changes candidacy requirements qualifications changes composition electorate may vote candidates given office changes affecting creation abolition elective office first three categories involve changes election procedures examples within fourth category might termed substantive changes offices elective whether changes procedure substance direct relation voting election process pp etowah county commission common fund resolution subject preclearance requirement change within categories recognized allen later cases rather concerns internal operations elected body distribution power among officials thus direct relation impact voting view advanced appellants effect act diminishing increasing local official power require preclearance work unconstrained expansion coverage beyond statutory language congressional intent including innumerable enactments budget measures alter power decisionmaking authority elected officials nothing voting fails provide workable standard distinguishing governmental decisions involve voting standard necessary real sense every decision taken government implicates voting yet one contend congress meant act subject even government decisions covered jurisdictions federal supervision pp russell county commission adoption unit system concomitant transfer operations county engineer constitute change covered even arguable basis saying unit system adoption fits within first three categories changes voting rules recognized fourth category argument delegation authority appointed official similar replacement elected official appointed one therefore subject bunton patterson decided allen supra ignores rationale bunton holding practice question changed elective office appointive one citizens russell county may still vote members county commission fact commissioners exercise less authority routine matter governmental administration render unit system rule governing voting county commission retains substantial authority including power appoint county engineer set budget need consider whether otherwise uncovered enactment might circumstances rise level de facto replacement elected office appointive one within bunton rule pp although construction placed upon act attorney general ordinarily entitled considerable deference need defer interpretation changes issue covered since section unambiguous respect question whether covers changes changes rules governing voting see chevron natural resources defense council pp kennedy delivered opinion rehnquist scalia souter thomas joined stevens filed dissenting opinion white blackmun joined edward still argued cause appellants cases briefs pamela karlan lani guinier james blacksher john falkenberry robert long argued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general dunne deputy solicitor general roberts deputy assistant attorney general clegg david flynn paul smith argued cause appellees cases brief appellee etowah county commission george howell jack floyd mary ann ross stackhouse james webb kendrick webb filed brief appellee russell county fn julius chambers charles stephen ralston dayna cunningham filed brief naacp legal defense educational fund amicus curiae urging reversal justice kennedy delivered opinion various alabama counties voters elect members county commissions whose principal function supervise control maintenance repair construction county roads see consolidated appeals us concern certain changes decisionmaking authority elected members two different county commissions question decided whether changes respect voting within meaning voting rights act stat amended case significance well beyond two county commissions appellants amicus curiae ask us adopt rule embracing routine actions state local governments levels must interpret provisions require jurisdiction covered act obtain either judicial administrative preclearance enforcing new voting qualification prerequisite voting standard practice procedure respect voting determine whether changes respect voting must compare challenged practices existence adopted absent relevant intervening changes act requires us use practices existence november standard comparison consider first etowah county commission november commission members elected large residency district system entire electorate etowah county voted candidates five seats four seats corresponded four residency districts county candidates required reside appropriate district fifth member chairman subject district residency requirement though residency county requirement four residency districts functioned road district commissioner residing district exercised control road shop equipment road crew district practice commission vote collective body division funds among road districts funds divided commissioner exercised individual control spending priorities within district chairman responsible overseeing solid waste authority preparing budget managing courthouse building grounds consent decree issued see dillard crenshaw county md commission restructured transition period commission members elected voters different district changes required consent decree precleared attorney general present purposes suffices say litigation began commission consisted four holdover members commission entry consent decree two new members elected new districts commissioner williams white elected new district commissioner presley black elected new district presley principal appellant etowah county case complaint relates elections actions taken four holdover members williams first took office august commission passed road supervision resolution provided holdover commissioner continue control workers operations assigned respective road shop must remembered accounted road shops county also gave four holdovers joint responsibility overseeing repair maintenance improvement roads etowah county order pick roads districts new commissioners resided new commissioners foreclosed exercising authority roads given functions resolution presley oversee maintenance county courthouse williams operation engineering department road supervision resolution passed margin two new commissioners dissenting day road supervision resolution passed commission passed second common fund resolution provides part monies earmarked budgeted repair maintenance improvement streets roads public ways etowah county shall placed maintained common accounts shall allocated budgeted designated use districts shall used accordance need repair maintenance improvement streets roads public ways etowah county jurisdiction etowah county commission app juris statement turn next background russell county commission november three commissioners like members etowah county commission consent decree change russell county commissioners elected large entire electorate subject requirement candidate commissioner reside district corresponding seat sought federal order see anthony russell county md required commission expanded include five members two new members elected large one residency district phenix city largest city russell county following implementation order three rural commissioners individual authority road shop road crew equipment three rural commissioners also individual authority road bridge repair construction within separate residency districts although funding new construction major repair projects subject vote entire commission individual commissioners authorize expenditures routine repair maintenance work well routine purchase orders without seeking approval entire commission following indictment one commissioner charges corruption russell county road operations may commission passed resolution delegating control road construction maintenance personnel inventory county engineer official appointed entire commission responsible engineer previous duties limited engineering surveying services separate road shops running small crew devoted pothole repair although may resolution may sufficed necessary delegation authority county engineer compare commission also requested state legislature pass implementing legislation alabama legislature july enacted act provides pertinent part section functions duties responsibilities construction maintenance repair public roads highways bridges ferries russell county hereby vested county engineer shall insofar possible construct maintain roads highways bridges ferries basis county whole unit without regard district beat lines litigation involving russell county commission led consent decree see sumbry russell county md march enlarged commission seven members replaced election system elections basis without mention unit system changes consent decree precleared department justice following implementation appellants mack gosha elected russell county first black county commissioners modern times may appellants cases us filed single complaint district middle district alabama alleging racial discrimination operation etowah russell county commissions violation prior orders constitution title vi civil rights act voting rights act series amended complaints appellants added claims claims alleged etowah county violated act failing obtain preclearance road supervision common fund resolutions russell county failed preclear change unit system pursuant district convened hear appellants claims claims still pend district respect issues us majority district held neither common fund resolution etowah county commission adoption unit system russell county subject preclearance held changes responsibilities elected officials subject preclearance effect significant relative change powers exercised governmental officials elected responsible substantially different constituencies voters app juris statement pp applying test found common fund resolution etowah county effect significant change adoption unit system russell county transfer authority among officials responsible different constituencies noted probable jurisdiction affirm district adopt different interpretation rationale decision ii first considered voting rights act south carolina katzenbach although acknowledged suspension new voting regulations pending preclearance extraordinary departure traditional course relations federal government held constitutional permitted congressional response unremitting attempts state local officials frustrate citizens equal enjoyment right vote see south carolina katzenbach upheld voting rights act constitutional challenge heard allen state board elections called upon decide whether particular changes covered rejected narrow construction one limited state rules prescribing may register vote held section applies also state rules relating qualifications candidates state decisions offices shall elective observed voting rights act aimed subtle well obvious state regulations effect denying citizens right vote race decision rationale proven sound adhere giving broad construction allen noted congress intended reach state enactment altered election law covered state even minor way relying language application later cases appellants argue de minimis exception changes issue must subject preclearance brief amicus curiae argument however assumes answer principal question case whether changes issue changes voting phrased allen election law agree changes voting must precleared allen holding scope expansive within sphere operation sphere comprehends changes rules governing voting changes effected mechanisms described statute mechanisms qualification prerequisite standard practice procedure respect voting principle covers voting changes wide range well illustrated separate cases considered single opinion allen allen involved four cases eponymous allen state board elections concerned change procedures casting ballots whitley williams changes requirements independent candidates running general elections challenged procedure fairley patterson resulted change voting voting remaining case bunton patterson involved statute provided officials previous years elected appointed held changes four cases covered cases since allen reveal consistent requirement changes subject pertain voting without implying four typologies exhaust statute coverage say later cases fall within one four factual contexts presented allen cases first held applies cases like allen state board elections changes involved manner voting see perkins matthews location polling places second held applies cases like whitley williams involve candidacy requirements qualifications see naacp hampton county election change filing deadline hadnott amos dougherty county bd educ white rule requiring board education members take unpaid leave absence campaigning office third applied cases like fairley patterson concerned changes composition electorate may vote candidates given office see perkins matthews change ward elections boundary lines voting districts city richmond fourth made clear applies changes like one bunton patterson affecting creation abolition elective office see mccain lybrand appointed officials replaced elected officials lockhart increase number city councilors first three categories involve changes election procedures examples within fourth category might termed substantive changes offices elective whether changes procedure substance direct relation voting election process iii comparison changes issue prior decisions demonstrates present cases involve changes covered act etowah county commission common fund resolution change within categories recognized allen later cases connection voting procedures affect manner holding elections alters imposes candidacy qualifications requirements leaves undisturbed composition electorate also bearing substance voting power increase diminish number officials electorate may vote rather common fund resolution concerns internal operations elected body appellants argue common fund resolution covered change enactment commissioner less individual power resolution citizen casting ballot commissioner today votes individual less authority resolution said value vote diminished accept appellants proffered reading work unconstrained expansion coverage innumerable state local enactments nothing voting affect power elected officials state local body adopts new governmental program modifies existing one often case changes powers elected officials state local body alters internal operating procedures example modifying subcommittee assignment system implicate elected official decisionmaking authority brief amicus curiae emphasis original appellants fail provide workable standard distinguishing changes rules governing voting changes routine organization functioning government standard necessary real sense every decision taken government implicates voting felicitous consequence democracy power derives people yet one contend congress enacted voting rights act meant subject even decisions government covered jurisdictions federal supervision rather act terms covers voting qualification prerequisite voting standard practice procedure respect voting faithful effort implement design statute must begin drawing lines governmental decisions involve voting simple example shows inadequacy line proffered appellants appellants view every time covered jurisdiction passed budget differed previous year budget required obtain preclearance amount funds available elected official profound effect power exercised vote official less valuable vote one doubt recognition unacceptable consequences views appellants take position budget changes may affect right vote particular circumstances subject preclearance budget changes letter counsel appellants available clerk case file interpretation however appellants fail give workable standard determine preclearance required acknowledge budget adjustment voting change even instances likely consequence every budget change covered well settled every voting change potential discrimination must precleared dougherty count bd educ white confronting difficulty oral argument suggested draw arbitrary line distinguishing budget changes changes tr oral arg principled basis distinction marked departure statutory category voting diminution increase elected official powers change respect voting whether accomplished enactment budget shift matter even willing draw unprincipled line excluding budgetary changes changes elected official decisionmaking authority result expand coverage well beyond statutory language intention congress view advanced appellants every time state legislature acts diminish increase power local officials preclearance required governmental action decreasing power local officials carry potential discrimination represent racial minorities local level time increasing power local officials entail relative decrease power state officials carry potential discrimination state officials represent racial minorities state level limitless minor changes allocation power among officials constant adjustments required efficient governance every covered state illustrate necessity us formulate workable rules confine coverage legitimate sphere voting changes affect distribution power among officials subject changes direct relation impact voting etowah county commission common fund resolution subject preclearance requirement next consider russell county adoption unit system concomitant transfer operations county engineer four categories changes rules governing voting recognized date even arguable basis saying adoption unit system fits within first three fourth category might argued delegation authority appointed official similar replacement elected official appointed one change held subject bunton patterson approach however ignore rationale holding change citizen prohibited electing officer formerly subject approval voters allen short change bunton patterson involved rule governing voting affected change relative authority various governmental officials changed elective office appointive one change russell county prohibit voters electing officer formerly subject ir approval allen supra change citizens russell county able vote members russell county commission sure resolution commissioner exercised less direct authority road operations authority delegated official answerable commission concluded respect etowah county fact enactment alters elected official powers render enactment rule governing voting routine part governmental administration appointive positions created eliminated powers altered time occurs relative balance authority altered way making unmaking appointive post often result erosion accretion powers official responsible electorate follow changes covered requiring preclearance changes respect voting congress mean subject routine matters governance federal supervision rule otherwise neither state local governments exercise power responsible manner within federal system district wrestling problem face recognizing need draw principled lines held russell county adoption unit system covered change transfer power among officials answerable different constituencies even upon assumption assumption reject case transfers power among government officials changes respect voting term used act disagree district test question whether power shifted among officials answerable different constituencies quite distinct question whether power voters exercise elected officials affected intraconstituency changes may large indirect effect voters interconstituency changes may small indirect effect neither case effect change voting purposes act test adopted district provide workable rule seek event proceeds faulty premise reallocations authority within government constitute voting changes accept approach need consider whether otherwise uncovered enactment jurisdiction subject voting rights act might circumstances rise level de facto replacement elective office appointive one within rule bunton patterson present purposes suffices note russell county commission retains substantial authority including power appoint county engineer set budget change issue russell county covered change iv urges despite understanding language defer administrative construction provision recognized construction placed upon voting rights act attorney general entitled considerable deference naacp hampton county election see also sheffield board principle limits deference mean acquiescence contexts defer administrative interpretation statute congress expressed intent respect question administrative interpretation reasonable see chevron natural resources defense council first conditions satisfied cases us defer attorney general interpretation act believe use phrase voting qualification prerequisite voting standard practice procedure respect voting statute ambiguous question whether extends beyond changes rules governing voting sure reasonable minds may differ whether particular changes law covered jurisdiction classified changes rules governing voting sense leaves gap interpretation fill see chevron supra attorney general makes reasonable argument contested change classified change rule governing voting defer judgment unambiguous respect question whether covers changes changes rules governing voting administrative position present cases entitled deference suggests contrary argues changes covered implicate decisionmaking authority elected officials even though changes rules governing voting argument meet express requirement statute nothing say implies conduct issue cases actionable different remedial scheme voting rights act antidiscrimination statute fact intrusive mechanisms act apply forms pernicious discrimination undermine utility combating specific evils designed address prior cases hold reaffirm today every change rules governing voting must precleared legislative history rehearsed south carolina katzenbach cited demonstrate congress concern protection voting rights neither appellants pointed anything said statutes reenacting voting rights act suggest congress meant said made applicable changes respect voting rather say changes respect governance federalism operate practical system governance mere poetic ideal must allowed predictability efficiency structuring governments constant minor adjustments allocation power among state local officials serve elemental purpose covered changes must bear direct relation voting direct relation absent cases us changes etowah russell counties affected allocation power among governmental officials impact substantive question whether particular office elective procedural question election conducted neither change involves new voting qualification prerequisite voting standard practice procedure respect voting judgment district affirmed ordered set forth provides whenever state political subdivision respect prohibitions set forth section title based upon determinations made first sentence section title effect shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november whenever state political subdivision respect prohibitions set forth section title based upon determinations made second sentence section title effect shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november whenever state political subdivision respect prohibitions set forth section title based upon determinations made third sentence section title effect shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november state subdivision may institute action district district columbia declaratory judgment qualification prerequisite standard practice procedure purpose effect denying abridging right vote account race color contravention guarantees set forth section title unless enters judgment person shall denied right vote failure comply qualification prerequisite standard practice procedure provided qualification prerequisite standard practice procedure may enforced without proceeding qualification prerequisite standard practice procedure submitted chief legal officer appropriate official state subdivision attorney general attorney general interposed objection within sixty days submission upon good cause shown facilitate expedited approval within sixty days submission attorney general affirmatively indicated objection made neither affirmative indication attorney general objection made attorney general failure object declaratory judgment entered section shall bar subsequent action enjoin enforcement qualification prerequisite standard practice procedure event attorney general affirmatively indicates objection made within period following receipt submission attorney general may reserve right reexamine submission additional information comes attention remainder period otherwise require objection accordance section action section shall heard determined three judges accordance provisions section title appeal shall lie important event occurred two alabama counties long histories political processes etowah county black commissioner elected county commission first time recent history russell county two black commissioners elected county commission first time modern times app juris statement appellant presley three resolutions issue case two adopted etowah county commissioner presley election one adopted russell county election commissioners mack gosha none three black commissioners able exercise decisionmaking authority traditionally associated office shall explain case pages history far illuminating volumes logic hours speculation hypothetical problems initially however important note different decision cases impose novel significant burden jurisdictions remain covered voting rights act stat amended prior cases federal courts uniformly agreed attorney general interpretation covered transfers decisionmaking power potential discrimination minority voters least eight occasions since department justice refused preclear changes power elected officials potentially discriminatory impact black voters department routinely precleared numerous transfers authority determining discriminatory purpose effect evidence prevailing practice imposed special burden covered jurisdictions example fiscal year attorney general processed preclearance requests approved percent without undue delay therefore simply hyperbole suggest adopted attorney general position case neither state local governments exercise power responsible manner within federal system ante prior cases interpreting voting rights act agreed attorney general construction important statute share view considerable deference attorney general construction entitled mean automatic acquiescence ante however strongly disagree task cases formulate workable rules confine coverage legitimate sphere voting ante reasons shall explain even attorney general participating cases amicus curiae asked adopt broader rationale necessary appropriate narrower basis decision obviously available etowah county case judgment russell county case well original enactment interpretations act attorney general reenactment statute congress light interpretations reveal continuous process development response changing conditions covered jurisdictions central purpose original act eliminate various devices literacy tests requirements good moral character vouchers poll taxes excluded black voters registration voting process southern decades explained mccain lybrand voting rights act amended et seq ed supp enacted congress response unremitting ingenious defiance command fifteenth amendment nearly century state officials certain parts nation south carolina katzenbach congress concluded litigation previous legislation unsatisfactory method uncover remedy systematic discriminatory election practices certain areas lawsuits onerous prepare obstructionist tactics determined perpetuate discrimination yielded unacceptable delay even successful lawsuits often merely resulted change methods discrimination congress decided shift advantage time inertia perpetrators evil victims enacted stringent new remedies designed banish blight racial discrimination voting omitted allen companion cases however held responses even described literal text act nevertheless included within scope relying heavily statutory definition voting encompassing action necessary make vote effective broad remedial purposes act held change district voting county supervisors change made important county office appointive rather elective change altered requirements independent candidates covered voting practices thus limited changes directly affecting casting ballot right vote affected dilution voting power well absolute prohibition casting ballot see reynolds sims nothing allen implied defined exhaustive category changes covered act contrary described aimed subtle well obvious state regulations effect denying citizens right vote race expressed uncertain terms given broadest possible scope aware consequences decision gave broad reading act prospective effect construction act allen requiring preclearance changes covered jurisdictions responsive increase number black registered voters consistent concern justified extraordinary remedy set forth particularly concern recalcitrant white majorities expected devise new stratagems maintain political power closely scrutinized rationale uncommon exercise congressional power sustained constitutional validity presumption jurisdictions resorted extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees likely engage similar maneuvers future order evade remedies voting discrimination contained act south carolina katzenbach supra omitted provision must course interpreted light prophylactic purpose historical experience reflects see mcdaniel sanchez mccain lybrand subsequent cases reaffirmed broad scope coverage first articulated allen interpreted expansively said context candidate qualification statute requiring independent candidates declare intention seek office two months earlier previous procedures created barrier candidacy required preclearance hadnott amos contexts preclearance required change polling places perkins matthews alteration municipal boundaries city richmond reapportionment redistricting plans georgia introduction numbered posts staggered terms lockhart reenactment stat stat stat reflected congressional approval allen broad interpretation act indeed congressional comments quoted opinion perkins matthews supra expressly endorsed interpretation takes account white resistance progress black registration 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 ii two resolutions adopted etowah county commission august less months county first black commissioner took office obvious response redistricting county produced majority black district black commissioner elected view wrong district divorce two parts consolidated response analyze two resolutions separately characterization road supervision resolution change potential discrimination blatant obvious app juris statement appellant presley enjoined unless subjected preclearance applies equally common fund resolution resolutions diminished decisionmaking authority black commissioner passed day response districting changes effected consent decree least hold reallocation decisionmaking authority elective office taken victory black candidate entry consent decree designed give black voters opportunity representation elective body covered similar considerations supported decision dougherty county bd education white dougherty involved rule requiring employee school system take leave absence running holding public office recognized rule question operated effect filing fee hitting hardest least able afford implicated political process extent changes location polling places perkins matthews alterations procedures casting vote allen state bd elections dougherty also observed circumstances surrounding rule adoption sufficiently suggestive potential discrimination demonstrate need preclearance rule adopted area long history racial discrimination voting first black seek public office announced candidacy ibid etowah county case dougherty circumstances surrounding adoption resolutions similarly suggestive potential discrimination require preclearance although test propose may adequately implement certainly provide workable rule result correct disposition case without opening pandora box seems fear iii record indicates resolution challenged russell county case may well nondiscriminatory anticorruption purpose covered narrow standard proposed workable rule deciding etowah county case however adopt broader standard require preclearance case well proper test believe suggested examples resistance increase black registration noted opinion perkins matthews supra changes district voting voting gerrymandering district boundary lines replacement elected official appointed official share characteristic enhancing power majority segment political community might otherwise adequately represented resolution reallocates decisionmaking power transferring authority elected district representative official group controlled majority potential discrimination constituents disadvantaged districts russell county resolution satisfies test therefore like etowah county resolutions precleared hold otherwise today leaves covered free evade requirements undermine purpose act simply transferring authority elected official happens black another official group controlled majority today rejects attorney general position transfers authority covered implicate decisionmaking authority elected officials ante fears rule creates problems moves far afield voting whether rationale advocated attorney general case appropriate judgment concerning proper disposition two cases unquestionably correct therefore reverse cases footnotes see horry county statute providing election public officials formerly appointed governor required preclearance hardy wallace statute changing appointive power local racing commission local legislative delegation governor required preclearance county council sumter county law eliminated legal power governor general assembly local affairs vested county council elected large county voters required preclearance robinson alabama state department education md transfer authority board education whose members elected one whose members appointed city council required preclearance solicitor general advised us department objected following transfers authority mobile alabama march involving transfer administrative duties entire commission individual commissioners charleston south carolina june involving transfer taxing authority legislative delegation county council edgefield county south carolina february involving transfer increased taxing power county council colleton county south carolina september involving transfer authority tax school purposes legislative delegation county council brunswick blynn county georgia august involving abolition separate city county commissions transfer powers consolidated commission hillsborough county florida august involving transfer power municipalities legislative delegation county commission objection withdrawn county made clear intend effect transfer waycross georgia february involving change duties mayor san patricio texas may involving transfer voter registration duties county clerk county tax assessor brief amicus curiae whether change standard practice procedure respect voting must precleared depends whether change resulted impairment right vote whether intended effect rather whether challenged alteration potential discrimination naacp hampton county election see mccain lybrand dougherty county bd education white issue whether provision fact innocuous likely approved whether potential discrimination georgia perkins matthews allen state bd elections brief amicus curiae tr oral arg attorney general percentage undergone little change even though number submissions increased time example allen state bd elections decided department justice received submissions covered approved percent submissions figures available indicated department processed submissions annually approved percent submissions dougherty county bd education white past various members objected types changes require preclearance covered predicted construction statute leave without boundaries perkins matthews example justice harlan expressed view mistaken holding annexations within scope gone far interpretation respect voting given change effect voting set circumstances may conceived respect almost situation change bear heavily one race another effect therefore requires submission change effect voting opinion concurring part dissenting part similarly justice powell taking view dougherty personnel rule fall within scope held concerned truly means incidental impact elections sufficient trigger preclearance requirement difficult imagine sorts state local enactments fall within scope section dissenting opinion omitted fears expresses today see ante likely realized expressed justice harlan justice powell years ago see perkins matthews conclusion location polling places municipal boundary changes come within draws support interpretation followed attorney general administration statute sheffield bd dougherty county bd education white naacp hampton county election tests devices include requirement person prerequisite voting registration voting demonstrate ability read write understand interpret matter demonstrate educational achievement knowledge particular subject possess good moral character prove qualifications voucher registered voters members class see sheffield bd stevens dissenting see also commission civil rights voting rights act ten years first years act section hardly used allen argued along fairley patterson applied change district election county supervisors runton patterson applied change position county officer became appointive instead elective whitley williams changes aimed increasing difficulty independent candidate gain position general election ballot subject appeal district southern district mississippi although majority today agrees limited changes covered earlier opinions see ante nevertheless attempts tilt today changes one earlier models see ante approach today marks departure approach taken past example naacp hampton county election even though recognized never addressed alterations voting procedures exactly parallel issue case nevertheless concluded broad enough encompass change election date commission civil rights voting rights act ten years end formal barriers brought voting rights act resulted immediate increase minority registration prior black registration rate state alabama lagged behind whites state percentage points disparity decreased percentage points voting rights cases one racial discrimination likely show blatant forms past instead subtle sophisticated app juris statement appellant presley thompson concurring part dissenting part see dougherty county bd education white subsequent cases interpreting consistently adhered principles broad construction set forth allen naacp hampton county election precedents recognize effectuate congressional purpose given broad scope extensive deliberations bills extend voting rights act allen case repeatedly discussed act extended five years without substantive modification georgia omitted see dougherty county bd education white house senate judiciary committees recommending extension act noted approval broad interpretations scope section allen perkins matthews dougherty legislative history recent extension voting rights act reveals congressional commitment continued enforcement firm senate committee found virtual unanimity among studied record extended previous extensions act congress specifically endorsed broad construction provision naacp hampton county election omitted congress recognized since adoption voting rights act covered jurisdictions substantially moved direct impediments right vote sophisticated devices dilute minority voting strength code cong admin news pp intended responsive shift following dramatic rise registration broad array dilution schemes employed cancel impact new vote elective posts made appointive election boundaries gerrymandered majority runoffs instituted prevent victories prior plurality system elections substituted election districts combined sophisticated rules prevent effective minority vote ingenuity schemes seems endless common purpose effect offset gains made ballot box act congress anticipated response preclearance provisions section designed halt efforts september department justice first adopted regulations implementing preclearance provisions code cong admin news see cfr pt see also georgia approving regulations district also wrong exempt common fund resolution preclearance ground common fund resolution practical terms insignificant comparison entire commission authority app juris statement appellant presley clearly wrong test light earlier cases said even minor changes affecting elections voting must precleared allen state bd elections significant congress chose include even minor exceptions thus indicating intention changes matter small subjected scrutiny see also perkins matthews example said preclearance applies transfer polling place extension city limits include uninhabited territory pleasant grove even though changes might first blush appear insignificant district mistakenly blurred distinction whether change subject preclearance turns whether change potential discrimination whether change fact precleared turns whether change discriminatory purpose effect distinction important discriminatory potential seemingly innocent insignificant changes determined specific facts change analyzed context present coverage formula allows factual analysis hearings extension voting rights act subcommittee civil constitutional rights house committee judiciary testimony drew days professor yale law school former assistant attorney general civil rights division department justice see naacp hampton county election district approved consent decree provided inter alia increase number etowah county commissioners order remedy unlawful dilution black voting strength caused prior election system see dillard crenshaw county ca md ante decree expanded commission six members eventually elected districts see app juris statement appellant presley consent decree specified commissioners elected duties four holdover commissioners ibid decree provided two new commissioners shall rights privileges duties immunities commissioners heretofore elected large august however commission passed road supervision resolution authorized four holdover commissioners continue exercise authority road operations districts assigned nonroad duties two new commissioners day commission adopted second resolution common fund resolution practice allocating road funds districts created common fund thus transferring authority determining funding priorities individual commissioners entire commission however common fund resolution contained grandfather clause permitted holdover commissioner maintain control unspent funds fiscal years provision required road maintenance done four present road shops thus common fund resolution combined road supervision resolution gave four holdover commissioners exclusive control road shops meant four holdover commissioners effectively complete control road bridge funds strangely silent first half etowah county majority response election commissioner presley logic analysis lead conclusion even road supervision resolution covered one sure recognizes otherwise uncovered enactment might circumstances rise level de facto replacement elective office appointive one ante despite overriding interest formulating workable rules confine coverage legitimate sphere ante scope exception must await future cases according one judge district change adopted eliminate practice proved inefficient conducive abuses eventually resulted criminal indictment one commissioners app juris statement appellant presley hobbs concurring addition comment congressman mcculloch quoted supra also quoted study operation voting rights act civil rights commission follows 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 perkins matthews russell county voters continue elect county commissioners significant power previously held commissioners shifted county engineer appointed commission effect change bunton patterson change office made appointive rather elective subject preclearance mccain lybrand less power voters local affairs