274
Syllabus
unlawful plan, and they abandoned the plan as soon as it became clear that the legislature would not pass the laws needed to make it lawful. Moreover, all these events took place within a few weeks: The plan was used for only 41 days and by only a third of the State's voter registration officials, and the State held no elections prior to its abandonment of the plan, nor were any elections imminent. Pp. 282-283. (b) Nonetheless, the New System included changes that must be pre-cleared because it contains "practices and procedures" that are significantly different from the Old System. Minor changes, as well as major, require preclearance. See Allen v. State Bd. of Elections, 393 U. S. 544, 566-569. This is true even where, as here, the changes are made in an effort to comply with federal law, so long as those changes reflect policy choices made by state or local officials. Id., at 565, n. 29. The NVRA does not preclude application of the VRA's requirements. Change invokes the preclearance process whether that change works in favor of, works against, or is neutral in its impact on minorities because the pre-clearance process is aimed at preserving the status quo until the Attorney General or the courts have an opportunity to evaluate a proposed change. Although the NVRA imposed mandates on the States, Mississippi's changes to the New System are discretionary and nonministerial, reflecting the exercise of policy choice and discretion by state officials. Thus, they are appropriate matters for § 5 preclearance review. Pp. 283-286. (c) Mississippi's arguments in favor of its position that the Attorney General has already precleared its efforts to comply with the NVRA are rejected. Mississippi correctly argues that the decisions to adopt the NVRA federal registration system and to retain a prior state registration system, by themselves, are not changes for § 5 purposes. However, preclearance requires examination of the federal system's discretionary elements in a context that includes history, purpose, and practical effect. The argument on the merits is whether these changes could have the purpose and effect of denying or abridging the right to vote on account of race or color. Preclearance is necessary to evaluate this argument. Pp. 286-291.
Reversed and remanded.
Breyer, J., delivered the opinion for a unanimous Court.
Brenda Wright argued the cause for appellants. With her on the briefs were Barbara R. Arnwine, Thomas J. Henderson, Samuel L. Walters, A. Spencer Gilbert III, Laughlin McDonald, and Neil Bradley.
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