allen state board elections argued october decided march together fairley et al patterson attorney general mississippi et bunton et al patterson attorney general mississippi et whitley et al williams governor mississippi et appeal district southern district mississippi argued october pursuant voting rights act provisions suspending tests devices five years made applicable certain including mississippi virginia result prohibited enacting seeking administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november without first submitting change attorney general obtaining consent securing favorable declaratory judgment district district columbia nos appellants sought declaratory judgments district southern district mississippi certain amendments mississippi code subject provisions thus enforceable state complied approval requirements amendment provided election county supervisors instead election districts amendment eliminated option electing appointing superintendents education counties provided shall appointed amendment changed requirements independent candidates running general elections three cases district ruled amendments come within purview dismissed complaints concerned bulletin issued virginia board elections instructing election judges assist qualified illiterate voters request assistance marking ballots appellants sought declaratory judgment district eastern district virginia statute providing handwritten votes modifying bulletin violated equal protection clause fourteenth amendment voting rights act election appellants attempted use labels candidates election officials refused count appellants ballots appellants sought prospective relief election outcome changed ballots counted district argue precluded enforcement procedure set bulletin suspended requirement dismissed complaint held since virginia legislation generally attacked inconsistent voting rights act factual dispute may interests judicial economy determine applicability act even though section argued private litigants may invoke jurisdiction district courts obtain relief insure act guarantee person shall denied right vote failure comply unapproved new enactment subject section pp restriction act provides district district columbia shall jurisdiction issue declaratory judgment pursuant restraining order temporary permanent injunction execution enforcement provision subchapter apply suits brought private litigants seeking declaratory judgment new state enactment subject approval requirements actions may brought local district courts pp light extraordinary nature act effect relationships unique approval requirements also provides ny action section shall heard determined three judges disputes involving coverage determined courts pp state statutes involved cases subject approval requirements pp act gives broad interpretation right vote recognizes voting includes action necessary make vote effective aimed subtle well obvious state regulations effect denying citizens right vote race pp legislative history lends support view congress intended reach enactment altered election law covered state even minor way pp direct conflict interpretation act principles established reapportionment cases consideration possible conflict await concrete case enactment cases constitutes voting qualification prerequisite voting standard practice procedure respect voting within meaning pp act requires state must unambiguous recordable manner submit legislation regulation attorney general request consideration pursuant act submission attorney general merely becomes aware legislation briefs served view complexity issues first impression lack deliberate defiance act resulting failure submit enactments approval fact discriminatory purpose effect statutes judicially determined decision prospective effect remain subject continuing strictures obtain district district columbia declaratory judgment least five years used tests devices proscribed pp norman amaker argued cause appellants brief jack greenberg james nabrit iii oliver hill tucker henry marsh iii anthony amsterdam armand derfner elliott lichtman argued cause appellants nos lawrence aschenbrenner brief appellants nos derfner brief appellants alvin bronstein richard sobol mcilwaine iii first assistant attorney general virginia argued cause appellees brief robert button attorney general william blandford william carter william allain wells assistant attorneys general mississippi argued cause appellees nos allain brief appellees joe patterson attorney general dudley conner wells briefs appellees nos patterson assistant attorney general pollak argued cause amicus curiae urging reversal nos brief solicitor general griswold louis claiborne francis beytagh nathan lewin chief justice warren delivered opinion four cases three mississippi one virginia involve application voting rights act state election laws regulations mississippi cases consolidated appeal argued together grounds decide four cases appeal virginia case also disposed opinion south carolina katzenbach held provisions act involved cases constitutional cases merely require us determine whether various state enactments involved subject requirements act gave detailed treatment history purposes voting rights act south carolina katzenbach supra briefly act implemented congress firm intention rid country racial discrimination voting provided stringent new remedies practices frequently denied citizens right vote basis race thus covered act literacy tests similar voting qualifications suspended period five years last occurrence substantial voting discrimination however congress apparently feared mere suspension existing tests completely solve problem given history simply enacting new slightly different requirements discriminatory effect underestimating ingenuity bent preventing negroes voting congress therefore enacted focal point cases state covered act passes voting qualification prerequisite voting standard practice procedure respect voting different force effect november person deprived right vote failure comply new enactment unless state seeks receives declaratory judgment district district columbia new enactment purpose effect denying abridging right vote account race color stat supp see appendix infra however necessitate covered state obtain declaratory judgment action enforce change election laws provides state may enforce new enactment state submits new provision attorney general within days submission attorney general formally object new statute regulation attorney general act approving disapproving state legislation attorney general objects new enactment state may still enforce legislation upon securing declaratory judgment district district columbia also state required first submit new enactment attorney general may go directly district district columbia provision submission attorney general merely gives covered state rapid method rendering new state election law enforceable state successfully complied approval requirements private parties may enjoin enforcement new enactment traditional suits attacking constitutionality remedy provided four cases passed new laws issued new regulations central issue whether provisions fall within prohibition prevents enforcement voting qualification prerequisite voting standard practice procedure respect voting unless state first complies one section approval procedures fairley patterson involves amendment mississippi code amendment provides board supervisors county may adopt order providing board members elected large qualified electors county prior amendment counties law divided five districts district elected one member board supervisors amendment adams forrest counties adopted authorized orders specifying candidate must run large also requiring candidate resident county district seeks represent appellants qualified electors potential candidates two counties sought declaratory judgment district southern district mississippi amendment subject provisions act hence enforced state complied approval requirements bunton patterson concerns amendment mississippi code amendment provides specified counties county superintendent education shall appointed board education enactment amendment counties option electing appointing superintendent appellants qualified electors potential candidates position county superintendent education three counties covered amendment sought declaratory judgment amendment subject thus unenforceable unless state complied approval requirements whitley williams involves amendment mississippi code changed requirements independent candidates running general elections amendment makes four revisions establishes new rule person voted primary election may thereafter placed ballot independent candidate general election time filing petition independent candidate changed days primary election previous days general election number signatures qualified electors needed independent qualifying petition increased substantially new provision added qualified elector signs independent qualifying petition must personally sign petition must include polling precinct county appellants potential candidates whose nominating petitions independent listing ballot rejected failure comply one amended provisions three cases district ruled amendments mississippi code come within purview covered dismissed complaints appellants brought direct appeals consolidated cases postponed consideration jurisdiction hearing merits allen state board elections concerns bulletin issued virginia board elections election judges bulletin attempt modify provisions code virginia provides inter alia voter may place official ballot name person handwriting virginia code provides voters physical incapacity may assisted preparing ballots example one blind may aided preparation ballot person choice unable mark ballots due physical disability may assisted one election judges however statutory provision made assistance wish write name unable illiteracy virginia brought coverage voting rights act virginia election officials apparently thought provision requiring voter cast vote voter handwriting incompatible provisions act suspending enforcement test device prerequisite voting therefore board elections issued bulletin election judges instructing election judge aid qualified voter preparation ballot voter requests voter unable mark ballot due illiteracy appellants functionally illiterate registered voters fourth congressional district virginia brought declaratory judgment action district eastern district virginia claiming modifying bulletin violate equal protection clause fourteenth amendment voting rights act convened complaint dismissed direct appeal brought postponed consideration jurisdiction hearing merits elections appellants attempted vote candidate sticking labels printed name candidate ballot election officials refused count appellants ballots claiming virginia election law authorize marking ballots labels election outcome changed disputed ballots counted appellants sought prospective relief district appellants assert precluded enforcement procedure prescribed bulletin rather argued suspended altogether requirement voter write name choice voter handwriting appellants first raised applicability jurisdictional statement filed precluded considering applicability however virginia legislation generally attacked ground inconsistent voting rights act facts undisputed may interests judicial economy determine applicability provisions act even though specific sections argued postponed consideration jurisdiction cases hearing merits therefore reaching merits first determine whether cases properly us direct appeal district courts voting rights act explicitly grant deny private parties authorization seek declaratory judgment state failed comply provisions act however provide person shall denied right vote failure comply new state enactment covered approved analysis language light major purpose act indicates appellants may seek declaratory judgment new state enactment governed proving state failed submit covered enactment approval private party standing obtain injunction enforcement pending state submission legislation pursuant act drafted make guarantees fifteenth amendment finally reality citizens south carolina katzenbach supra congress realized existing remedies inadequate accomplish purpose drafted unusual aspects severe procedure insuring discriminate basis race enforcement voting laws achievement act laudable goal severely hampered however citizen required depend solely litigation instituted discretion attorney general example provisions act extend subdivisions thereof attorney general limited staff often might unable uncover quickly new regulations enactments passed varying levels state government consistent broad purpose act allow individual citizen standing insure city county government complies approval requirements previously held federal statute passed protect class citizens although specifically authorizing members protected class institute suit nevertheless implied private right action case borak called upon consider securities exchange act stat section provides shall unlawful person violate rules regulations commission may prescribe necessary appropriate public interest protection investors held hile language makes specific reference private right action among chief purposes protection investors certainly implies availability judicial relief necessary achieve result similar analysis applicable guarantee person shall denied right vote failure comply unapproved new enactment subject might well prove empty promise unless private citizen allowed seek judicial enforcement prohibition ii section must read act enforcement provisions section provides district courts shall jurisdiction actions brought pursuant enjoin person acting reasonable grounds believe person engage act practice prohibited injunctive actions distinguishable actions mentioned injunctive action one aimed prohibiting enforcement provisions voting rights act involve attack constitutionality act see katzenbach morgan hand action aimed prohibiting enforcement state enactment reason violative act cf ward cir perez rhiddlehoover supp la similar distinction possible respect declaratory judgments declaratory judgment brought state pursuant requires adjudication new enactment purpose effect racial discrimination however declaratory judgment action brought private litigant require reach difficult substantive issue issue whether particular state enactment subject provisions voting rights act therefore must submitted approval enforcement difference magnitude two issues suggests congress intend decided district columbia district indeed specific grant jurisdiction district courts indicates congress intended treat coverage questions differently substantive discrimination questions see perez rhiddlehoover supra moreover indicated south carolina katzenbach supra power congress require suits brought district columbia district grounded congress power art iii ordain establish inferior federal tribunals noted congress exceed constitutional bounds imposing limitations litigation federal government emphasis added course declaratory judgment actions brought private litigants party distinction suggests interpreting applying declaratory judgment actions brought state strong reasons adoption interpretation requiring declaratory judgment actions brought district columbia places burden plaintiff enormity burden course vary size plaintiff resources admittedly easier bring actions district courts however state sufficient resources prosecute actions easily nation capital congress power regulate federal shall hear suits federal government hand individual litigant often sufficient resources maintain action easily outside district resides especially cases individual litigant attacking local city county regulation thus individual litigant district columbia burden may sufficient preclude bringing suit hold restriction apply suits brought private litigants seeking declaratory judgment new state enactment subject approval requirements actions may brought local district pursuant iii appellants maintain authorizes suits brought private litigants enforce approval requirements section final sentence provides ny action section shall heard determined three judges appeal shall lie supp emphasis added appellees argue sentence refers action specifically mentioned first sentence declaratory judgment suits brought state apply suits brought private litigant interpreted suits involving section may brought least three ways first course state may institute declaratory judgment action second individual may bring suit declaratory judgment injunctive relief claiming state requirement covered subjected required federal scrutiny third attorney general may bring injunctive action prohibit enforcement new regulation state failure obtain approval suits may viewed brought issue whether language section interpreted authorizing action suits long held congressional enactments providing convening courts must strictly construed phillips convening places burden federal system may often result delay matter needing swift initial adjudication see swift wickham supra also direct appeal may taken thus depriving us wise often crucial adjudications courts appeals thus reluctant extend range cases necessitating convening courts ibid however unaware legitimate reasons prompted congress enact legislation see swift wickham supra notwithstanding problems judicial administration congress determined courts desirable number circumstances involving confrontations state federal power circumstances involving potential substantial interference government administration voting rights act example federal supervision enforcement state legislation always poses difficult problems federal system problems especially difficult enforcement state enactments may enjoined state election procedures suspended state failed comply federal approval procedure drafting congress apparently concluded governing authorities state differ attorney general concerning purpose effect change voting procedures inappropriate difference resolved single district judge clash federal state power potential disruption state government apparent less clash potential disruption disagreement concerns whether state enactment subject result suits injunction prohibiting state enforcing election laws although suit brought individual citizen may involve confrontation potential disruption state election procedures remains provisions act indicate congress well aware extraordinary effect act might relationships orderly operation state government example prohibits collection poll taxes prerequisite voting contains provision authorizing attorney general brings action enforcement requirement payment poll tax precondition voting stat supp see also supp conclude light extraordinary nature act general unique approval requirements congress intended disputes involving coverage determined district three judges iv appellees rely legislative history act support view citing testimony former assistant attorney general burke marshall subcommittee house committee judiciary corman talked whether concerned vote run public office issue areas south given consideration whether bill address qualifications running public office well problem registration marshall problem bill aimed problem registration congressman problem another sort like see corrected trying deal bill must reject narrow construction appellees give voting rights act aimed subtle well obvious state regulations effect denying citizens right vote race moreover compatible decisions act gives broad interpretation right vote recognizing voting includes action necessary make vote effective stat supp see reynolds sims convinced passing voting rights act congress intended state enactments involved instant cases subject approval requirements legislative history whole supports view congress intended reach state enactment altered election law covered state even minor way example act originally drafted included prohibition qualification procedure senate hearings bill senator fong expressed concern word procedure broad enough cover various practices might effectively employed deny citizens right vote response attorney general said objection expanding language section word procedure intended kind practice indicative intention give act broadest possible scope congress expanded language final version include voting qualifications prerequisite voting standard practice procedure supp similarly house hearings emphasized broad scope katzenbach justification approval requirements simply experience areas covered bill indicate frequently part state legislatures desire sense outguess courts even outguess congress chairman may recall time initial school desegregation legislature passed know many laws shortest period time every time judge issued decree legislature passed law frustrate decree recollect correctly school board ordered something legislature immediately took away authority school boards withdrew funds accomplish purposes act house hearings light mass legislative history contrary especially attorney general clear indication section broad scope congress refusal engraft even minor exceptions single remark assistant attorney general burke marshall given determinative weight indeed case legislative hearings debate voluminous single statement excerpt testimony conclusive also question whether might cause problems implementation reapportionment legislation properly us time direct conflict interpretation statute principles involved reapportionment cases argument administrative problem might arise future establish congress intended narrow scope leave another case consideration possible conflict weight legislative history analysis basic purposes act indicate enactment cases constitutes voting qualification prerequisite voting standard practice procedure respect voting within meaning involves change district voting county supervisors right vote affected dilution voting power well absolute prohibition casting ballot see reynolds sims voters members racial minority might well majority one district decided minority county whole type change therefore nullify ability elect candidate choice prohibiting voting important county officer certain counties made appointive instead elective power citizen vote affected amendment change prohibited electing officer formerly subject approval voters change made either without discriminatory purpose effect however purpose submit changes scrutiny changes appear aimed increasing difficulty independent candidate gain position general election ballot changes might also undermine effectiveness voters wish elect independent candidates one change involved deserves special note amendment provides person voted primary election may thereafter placed ballot independent candidate general election procedure respect voting substantial impact one must forgo right vote party primary thinks might later wish become independent candidate bulletin outlines new procedures casting votes cases consider whether change discriminatory purpose effect clear however new procedure respect voting different procedure effect state became subject act therefore enactment must meet approval requirements order enforceable cases many others come us called upon determine applicability statute language statute make crystal clear intended scope cases compelled resort legislative history determine whether light articulated purposes legislation congress intended statute apply particular cases question opinion exception statement assistant attorney general burke marshall balance legislative history including statements attorney general congressional action expanding language indicates applies cases saying course express view merit enactments also emphasize decision indicates opinion concerning constitutionality reject argument attorney general required formal procedure think act contemplates submission occurs attorney general merely becomes aware legislation matter manner think service briefs attorney general constituted submission fair interpretation act requires state unambiguous recordable manner submit legislation regulation question directly attorney general request consideration pursuant act vi judgment district vacated nos judgments district reversed four cases remanded district courts instructions issue injunctions restraining enforcement enactments time adequately demonstrate compliance ordered appendix opinion section voting rights act whenever state political subdivision respect prohibitions set forth section 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 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 except neither attorney general failure object declaratory judgment entered section shall bar subsequent action enjoin enforcement qualification prerequisite standard practice procedure action section shall heard determined three judges accordance provisions section title code appeal shall lie stat supp terms vote voting shall include action necessary make vote effective primary special general election including limited registration listing pursuant act action required law prerequisite voting casting ballot ballot counted properly included appropriate totals votes cast respect candidates public party office propositions votes received election stat supp county shall divided five districts due regard equality population convenience situation election members boards supervisors districts existing shall continue changed qualified electors district shall elect next general election every four years thereafter district one member board supervisors board unanimous vote members elected ordered vote majority qualified electors districts affected voting election hereinafter provided may time except hereinafter provided change alter district boundaries entered large minutes proceedings board board upon petition per cent qualified electors county asking districts county changed altered setting petition changes alterations desired shall call special election date shall less thirty sixty days date presentation petition assembled board majority qualified electors county shall determine issue election provided however county state supervisors district containing fifty per cent population county according last federal census fifty per cent assessed valuation county issue election heretofore provided shall determined majority participating said election provided however county state bordering gulf mexico mississippi sound population excess eighty thousand according last federal census issue election heretofore provided shall determined majority qualified electors county majority fail vote affirmatively new petition shall considered four years election shall based upon petition per cent qualified electors county petition shall attached map plat defining boundaries beat proposed said map plat election thereon shall proposal board whenever majority qualified electors county shall voted change alter existing districts set forth described petition shall first meeting thereafter establish said proposed districts order minutes effective first day january following default thereof may commanded writ mandamus districts changed qualified electors election aforesaid board motion shall change alter said districts within four years thereafter board supervisors county may adopt order providing qualified electors county shall eligible vote member board supervisors candidate shall resident district proposes represent said order adopted published newspaper general circulation county least twelve months prior next general election wherein said supervisors elected twenty per cent qualified electors county shall present board supervisors petition objecting alternate method within sixty days adoption final publication alternative method board supervisors shall call election publishing notice thereof newspaper published county week least three weeks prior election question ballot shall whether entire electorate county shall required vote members board supervisors large whether qualified electors said districts shall vote candidate district majority voting vote qualified electors shall eligible vote candidates district thereafter elections members boards supervisors shall held members boards supervisors shall continue elected electorate respective districts board supervisors shall permitted adopt alternative method electing members boards supervisors two years transpired act shall construed affect supervisor holding office expiration end present term office notwithstanding provisions subsection hereof office county superintendent education may made appointive county manner herein provided upon filing petition signed less twenty per cent qualified electors county shall duty board supervisors county within sixty days filing petition call special election shall submitted qualified electors county question whether office county superintendent education said county shall continue elective shall filled appointment county board education said county provided however class three county area excess eight hundred square miles county unit school system comprising less entire county petition shall signed electors residing within county unit school district electors said district shall vote proposition appointing county superintendent education order calling special election shall designate date upon shall held notice election signed clerk board supervisors shall published week least three consecutive weeks least one newspaper published county first publication notice shall made less days prior date fixed election last publication shall made seven days prior date newspaper published county notice shall given publication required time newspaper general circulation county addition posting copy notice least days next preceding election three public places county one shall door county courthouse judicial district said election shall held far practicable manner elections held county qualified electors county may vote therein majority qualified electors vote election shall vote favor appointment county superintendent education county board education expiration term county superintendent education office county superintendent education said county shall elected shall thereafter appointed county board education term four years otherwise said office shall remain elective special election shall held county provisions subsection often every four years change elective appointive method selection county superintendent education shall become effective except expiration term county superintendent education office time election held county first class lying wholly within levee district within situated city forty thousand population according last decennial federal census county superintendent education shall hereafter appointed county board education provided county second class wherein interstate highway state highway intersect also traversed whole part highways state highways natchez trace class four county population excess thousand according federal census traversed interstate highway wherein mississippi highways intersect county created yazoo river flows class four county land area six hundred square miles bordering state alabama wherein treaty dancing rabbit signed wherein highway mississippi highway intersect county bordering mississippi river wherein lies campus institution lands contiguous thereto owned institution county lying within delta levee district bordering upon mississippi river county seat population excess thousand according federal census county population thousand seven hundred according federal census wherein highway highway illinois central railroad mississippi central railroad intersect class three county wherein partially located national forest wherein highway mississippi highway intersect federal census thousand assessed valuation county superintendent education hereafter shall appointed county board education county bordering gulf mexico mississippi sound therein test facility operated national aeronautics space administration county superintendent education shall appointed county board education beginning january ballot shall contain names candidates put nomination less forty days previous day election primary election political party shall printed ballots names persons nominated whether nomination otherwise known upon written request one candidates nominated qualified elector make oath participant primary election person whose name presented nominated primary election person voted primary election shall thereafter name placed upon ballot independent candidate office determined general election independent candidate must qualify time established statute qualification candidates seeking nominations primary elections commissioner shall also printed ballot general special election name candidate nominated political party shall requested candidate office independent candidate petition filed statutory time said commissioner less forty days prior election signed less following number qualified electors office elected state large less one thousand ten thousand qualified electors office elected qualified electors district less three hundred three thousand five hundred qualified electors office elected qualified electors congressional district less two hundred two thousand qualified electors office elected qualified electors circuit chancery district less one hundred one thousand qualified electors office elected qualified electors county senatorial district floatorial sic district supervisors district municipality population one thousand less ten per cent qualified electors said county senatorial district supervisors district municipality less five hundred fifty qualified electors whichever lesser office elected qualified electors supervisors district municipality population less one thousand less fifteen ten per cent qualified electors said supervisors district municipality elector shall personally sign said petition signature shall counted unless includes polling precinct county shall attached petition provided upon time filing said commission certificate appropriate registrar registrars showing number qualified electors appearing upon petition registrar shall furnish petitioner upon request unless petition required shall filed less forty days prior election unless petition required shall filed later time required primary elections name person requested candidate unless nominated political party shall placed upon ballot ballot shall contain names candidate office names shall listed name political party candidate represents insertion names ballots elections except primary elections shall lawful voter place official ballot name person handwriting thereon sic vote person office may desire vote mark check cross mark line immediately preceding name inserted provided however nothing contained section shall affect operation code virginia ballot name names placed thereon violation section shall counted person august voting rights act enacted congress became effective force virginia provisions act person qualified vote general election held november unable mark cast ballot whole part lack literacy addition reasons set forth section virginia code shall requests aided preparation ballot one judges election selected voter judge election shall assist voter upon request preparation ballot accordance voter instructions shall manner divulge indicate signs otherwise name names person persons voter shall vote instructions also apply precincts voting machines used footnotes four cases convened nos direct appeals district southern district mississippi direct appeal district eastern district virginia involved cases determined covered act fed reg august see pt oral argument mississippi cases assistant attorney general pollak stated department justice received submissions stated department withheld consent one case change contrary prior decision issue said two instances state inadvertently incorporated reference another section state law contained prohibited test device transcript argument see appendix infra three cases mississippi original complaint contained grounds relief however hearing district parties stipulated issue decision whether applied see appendix infra see appendix infra suit first brought pending decision merits district ordered appellants placed general election ballot whitley johnson supp miss later members class appellants represent denied places ballot general election failing comply amendment requirements supp miss supp miss appellants assert jurisdiction direct appeal supp emphasis added see appendix infra stat supp act defines test device requirement person prerequisite voting registration voting demonstrate ability read write understand interpret matter stat supp see appendix infra allen state board elections supp district ruled requirement votes voter handwriting unconstitutional ruled suspended voting rights act test device defined act see boynton virginia cf bell maryland silver section act stat supp provides district courts shall jurisdiction proceedings instituted pursuant section shall exercise without regard whether person asserting rights provisions act shall exhausted administrative remedies may provided law emphasis added appellants argued section necessarily implies private parties may bring suit act relying language person argument force question free doubt since specific references throughout subsections attorney general however find merit argument specific references attorney general included give attorney general power bring suit enforce might otherwise viewed private rights see raines event certainly specific exclusion private actions section least compatible might viewed authorizing private actions important distinguish instant cases brought state seeking declaratory judgment new voting laws discriminatory purpose effect cf apache county supp latter type cases substantive questions necessary approval discriminatory purpose effect litigated cases decided question whether new legislation must submitted approval appellees argue conferred new remedy attorney general argue gave citizens new rights rather merely gave attorney general effective means enforcing guarantees fifteenth amendment unnecessary reach question whether act creates new rights merely gives plaintiffs seeking enforce existing rights new remedies however act viewed inquiry remains whether right remedy conferred upon private litigant enforcement provisions provide attorney general may institute action may file application order stat supp emphasis added course private litigant always bring suit fifteenth amendment inadequacy suits securing right vote prompted congress pass voting rights act south carolina katzenbach supra january attorney general brought one action force state comply commission civil rights political participation significant urged private litigants standing seek declaratory injunctive relief suits memorandum amicus curiae stat supp jurisdictional question apply however also considered ruled appellants claims virginia statute regulations conflict constitution supp thus properly direct appeal see stat suits restrain enforcement orders secretary agriculture suits enjoin enforcement federal statute stat suits review negative orders icc hearings subcommittee house committee judiciary ser hereinafter house hearings example appellees argue even though redistricting plan approved federal district broad interpretation attorney general might bring suit stat supp seeking injunction state failed comply approval requirements appellees also argue apply regulation case regulation issued attempt comply provisions voting rights act argue applies virginia regulation covered prohibited quickly complying act accept argument however state exempted coverage merely legislation passed attempt comply provisions act hold otherwise mean legislation allegedly passed meet requirements act exempted coverage even though effect racial discrimination precisely situation congress sought avoid passing congress knew covered act resorted extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees congress reason suppose might try similar maneuvers future order evade remedies voting discrimination contained act south carolina katzenbach hearings senate committee judiciary pt pp hereinafter senate hearings senator fong attorney general turning section bill reads follows voting qualification procedure shall imposed applied deny abridge right vote account race color definition word procedure little afraid may certain practices may able include word procedure example certain statute state says registration office shall open day hours restricted think bring statute word procedure attorney general katzenbach suppose purpose thought word procedure including kind practice kind purpose effect deny abridge right vote account race color senator fong way written think may possibility hassle word procedure probably allow short registration days restricted hours escape provision statute attorney general katzenbach believe senator although committee might consider language used act similar matter use terms standards practices procedures perhaps broader simply word procedure perhaps committee might consider making point clear senator fong objection expanding word procedure attorney general katzenbach intended kind practice senator fong know section much detail spelled words test device attorney general katzenbach yes senator fong spelled word procedure think word procedure spelled little attorney general katzenbach think good suggestion senator cong rec remarks senator tydings cong rec remarks senator talmadge cong rec remarks senator hart house senate committees judiciary held hearings nine days received testimony total witnesses three full days consumed discussing bill floor house debate senate covered days south carolina katzenbach justice harlan concurring part dissenting part opinion seeks justice granting side half requests majority first grants appellants hope adopting overly broad construction voting rights act compensate generosity denies appellants relief deserve section thereby reduced dead letter substantial number situations intended full effect statutory scheme contains even striking characteristics indicate federal review procedure ancillary substantive commands state may escape even though consistently violated provision long complied suspended operation literacy tests devices five years hand matter faithfully state complies remains subject commands long consistently obeyed soon recognized designed solely implement policies becomes apparent decision today permits tail wag dog construed require revolutionary innovation american government goes far beyond accomplished fourth section act profoundly important purpose permitting negro people gain access voting booths south action taken congress proceeded premise negroes gained free access ballot box state governments suitably responsive voice federal intervention justified moving tests devices congress moved techniques prevented negroes voting congress attempt restructure state governments reads however vastly increasing sphere federal intervention beyond contemplated despite fact two provisions designed simply interlock district district columbia longer limited examining new state statute may tend deny negroes right vote tests devices suspended done decision today also requires special district determine whether various systems representation favor disfavor negro voter area well beyond scope section example apply localities past permitted negroes vote freely arguably limited minority voting power adopting system various legislative bodies elected basis yet fairley patterson holds statute permitting election county boards supervisors must reviewed federal authorities moreover clear go deciding whether system preferred district system one system negroes influence election officers minority groups influence selection fewer officers courts intelligently compare alternatives readily inferred congress required undertake task construction even surprising light act regional application statute construes deals problem national scope find especially difficult believe congress single handful requiring stricter federal supervision concerning treatment problem may well serious parts north south difficulties construction increase even language statute considered closely standing alone statutory formula requiring federal approval changes standard practice procedure respect voting read support either broad construction adopted majority one advanced critical formula stand alone immediately following statute description federal approval procedure proceeds describe type relief aggrieved voter may obtain state enforces new statute without obtaining consent appropriate federal authorities person shall denied right vote failure comply qualification prerequisite standard practice procedure emphasis supplied remedy serves delimit meaning formula question congress clearly concerned changes procedure voters comply law like fairley patterson permits members county board supervisors run entire county smaller districts require voter comply anything come within scope language used congress opinion entirely ignores obvious implications portion statute solicitor general amicus brief candidly admits provision flatly inconsistent broad reading government advanced adopted government brief simply suggests congress choice verb comply merely result oversight accept suggestion however congress choice language seems consistent general statutory framework understand reapportionment cases rest upon equal protection clause cited support claim congress passing act intended proceed state statutes regulating nature constituencies legislators properly represent congress intended clearly ground fifteenth amendment leading voting case reynolds sims gomillion lightfoot case establishes proposition redistricting done purpose excluding negroes municipality violates fifteenth amendment also maintains distinction attempt exclude negroes totally relevant constituency statute permits negroes vote uses gerrymander contain impact negro suffrage unnecessary course decide whether gomillion lightfoot marks limit fifteenth amendment enough recognize congress way adopt reapportionment cases expansive concept voting enacted voting rights act determined reynolds sims holds magic key basic purposes statute one obliged determine act purposes traditional ways opinion fails convince already suggested act structure assigns role good deal modest one majority gives majority left relying understanding legislative history deference find history garnered undermines case insofar entitled weight refer unequivocal statement assistant attorney general burke marshall ante concedes diametrically opposed construction adopts lengthy testimony attorney general katzenbach upon seems rely actually provides little support position katzenbach unlike principal assistant never directly confronted question raised left guess views guesses made however surely important note though attorney general used many examples illustrate operation concerned statutes immediate impact voter qualifications altered manner election conducted one imagine attorney general believed remarkable sweep majority given one hypotheticals betrayed fact whitley williams however mississippi new statute imposes new qualifications independent voters wish nominate candidate petition alters manner nominations made since voting rights act explicitly covers primary elections see significant question presented whether petitioning procedure considered primary within meaning act nominating petition functional equivalent political primary perceive good reason included within ambit act statute involved bunton patterson raises somewhat difficult problem statutory interpretation one looks impact voters state law making office school superintendent appointive enacts voting qualification drastic kind old regime registered voters cast ballot none qualified hand one argue concept voting qualification presupposes vote balance hold statute comes within cf gomillion lightfoot supra holding course disable state adopting appointive system force spent finally virginia quite obviously altered manner election conducted first time obliged issue regulations concerning way illiterate voters shall processed polls consequently reverse lower decision allen case ii seems clear issue conditional injunction mississippi cases along lines suggested solicitor general except course fairley case think affirmed unless mississippi promptly submits laws either attorney general district district columbia new elections law ordered course laws promptly submitted approval new election required district determines statute question discriminatory either purpose effect concur disposition complex jurisdictional issues cases present consider question whether authorizes close one clear avoid many courts whatever decide suspect generally plaintiff attacking state statute federally approved also make least substantial constitutional claim state statute discriminatory purpose effect consequently usual case always convened convened course first consider plaintiff argument name avoiding constitutional question therefore appears good reason invoke normal rule statutes construed narrowly possible suggests natural reading statute confers jurisdiction courts even action brought private parties section reads phrase test device shall mean 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 solicitor general expressly adopts construction statute supplemental amicus brief event act clear permits state free proving district district columbia test device used five years preceding filing action purpose effect denying abridging right vote account race color emphasis supplied already noted see supra phrase test device term art including class statutes much narrower included however since applies terms state political subdivision respect prohibitions set forth section effect state escapes escapes well even though complied section indeed substantial constitutional difficulties statute accept construction see senate hearings supra hearings subcommittee house committee judiciary ser act congress moved imposition poll taxes expressly invoked fourteenth amendment providing additional basis action specific area see seeks strengthen case looking language one definitional sections act ante section defines term vote voting include action necessary make vote effective primary special general election including limited registration listing pursuant act action required law prerequisite voting casting ballot ballot counted properly included appropriate totals votes cast respect candidates public party office propositions votes received election emphasis supplied aspects voting enumerated definition concern procedures voters processed statute cautions enumeration stages election process exclusive merely indicates change procedure prevents voter ballot finally counted also included within range act concern surely entirely ignoring textual context seeks read italicized phrases embracing electoral laws affect amount political power negroes derive exercise franchise even way voters processed remains unchanged examples given attorney general concerned changes state voting age residence property requirements changes frequency registrars offices open changes paper ballots machines vice versa see house hearings supra senate hearings supra emphasizes three specific colloquies katzenbach participated support understanding legislative history important one see ante senator fong expressed concern time merely required federal review changes state procedures encompass state regulation radically limit hours new voters register attorney general agreed statute elaborated clearly include change since law alters manner voters processed fail see colloquy undermines construction section clearly requires federal review cases sort katzenbach senator fong discussing similarly second extract highlighted ante one attorney general emphasizes intended prevent evading requirements point believe count strongly favor interpretation deem correct one finally quite true attorney general opposed carving exceptions permit state switch paper ballots voting machines without federal approval see ante fact hardly indicates anyone else opinion section required review statutes concern voting procedures fact one occasion katzenbach discussed reapportionment cases connection indicated awareness whatever construed apply cases involving laws change voting power various groups see house hearings supra statute requires supporters candidate write names nominating petition together polling district moreover petitions must filed earlier date must contain many signatures act also imposes voting qualification wish vote party primary providing may subsequently compete primary victor running independent candidate allen case coming virginia term congressman gained seat procedures approved already expired consequently grant declaratory relief appropriate case appellants recognize since voting rights act became effective mississippi august state able escape requirements proving imposed test device violation period see text supra section continue apply mississippi found continued imposing tests devices decision today however consider whether statutes involved cases impose test device within meaning see supra simply holds statutes fall much broader class laws modify standard practice procedure respect voting state senator state representative county supervisor justice peace constable involved whitley williams elected terms ending see mississippi code similarly affected county superintendents education bunton patterson appointed terms expiring affirm fairley patterson incumbents case also serve justice marshall justice douglas joins concurring dissenting join parts opinion however largely reasons stated part ii brother harlan opinion believe relief suggested solicitor general ordered mississippi cases accordingly dissent part vi opinion justice black dissenting assuming validity voting rights act agree careful interpretation act agree holding jurisdiction disposition four cases us still opinion reasons stated separate opinion south carolina katzenbach part violates constitution section provides several southern effectively amend either constitutions laws relating voting without persuading attorney general district district columbia proposed changes state laws purpose effect denying citizens right vote account race color reminiscent old reconstruction days soldiers controlled south compelled make reports military commanders southern time deprived right pass laws premise part union therefore treated harshness meted conquered provinces constitutionality doctrine certainly clear time whether doctrine constitutional thought whole nation long since repented application conquered province concept even time immediately following bitter civil war doubt colonies agreed constitution dreamed time might come go attorney general district columbia hat hand begging permission change laws still less colonies willing agree constitution gave federal government power force one colony go onerous procedure former colonies supposedly sister allowed retain full sovereignty marbury madison cranch held courts pass constitutionality state laws already enacted certainly decide permit federal courts federal executive officers hold passage state laws federal courts federal agencies washington pass proposals give judges part enacting vetoing legislation passed made rejected constitutional convention another proposal made rejected permit chief justice time time recommend alterations additions laws may opinion necessary due administration justice may promote useful learning inculcate sound morality throughout union see dissenting opinion griswold connecticut seems wise us pause reflect fact separate colonies passing laws legislative bodies created union history emphatically proves creating union colonies intended retain original independent power pass laws justification properly found constitution created amendment degrading extent even initiate amendment constitutions laws without first asking permission federal district columbia governmental agency hold voting rights act unconstitutional insofar commands certain selected leave laws field unchanged get consent federal agencies pass new ones