In conclusion, there has not been a change ‘with respect to voting’ with § 9–1–103 and 9–1–105 that was different from that in effect and force on November 1, 1964. Presley made it clear that judicial or administrative pre-clearance under section 5 is not required where appointment of officials and not the election of officials is at issue. The voters in Mississippi still elect Supreme Court, Circuit Court and Chancery Court Judges just as they did prior to November 1, 1964. Appointments on a temporary basis are still made in instances of disqualification. Miss.Code Ann. § 9–1–101 et seq. does not prohibit Mississippi voters from electing judges formerly subject to their approval. The introduction of §§ 9–1–103 and 9–1–105 in the 1989 legislative session has no nexus with the import of section 5—which is to prohibit changes in voting procedures which have the effect of diluting or abridging the right to vote on the basis of one's race. Beer v. United States, 425 U.S. 130, 141, 96 S.Ct. 1357, 1363, 47 L.Ed.2d 629, 632 (1976).
By its very terms, the Act extends only to mechanisms involved in the election of representatives. However, the people of Cook County do not elect the Associate Circuit Court judges; they are appointed by the regular Circuit Court judges. Because Associate Circuit Court judges are not elected representatives of the people within the plain meaning of the Act, we hold that the plaintiffs cannot challenge the appointment of Associate Circuit Court judges. Though the plaintiffs contend that full relief requires reappointment of all Associate Circuit Court judges by properly elected Circuit Court judges, we cannot extend coverage of the Voting Rights Act beyond its terms. The Voting Rights Act covers elected officials only. Associate judges are appointed officials.
End of Document | © 2024 Thomson Reuters. No claim to original U.S. Government Works. |