Morse v. Republican Party of Va., 517 U.S. 186, 20 (1996)

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Cite as: 517 U. S. 186 (1996)

Opinion of Stevens, J.

We have consistently construed the Act to require pre-clearance of any change in procedures or practices that may bear on the "effectiveness" of a vote cast in "any primary, special, or general election." 42 U. S. C. § 1973l(c)(1). Rules concerning candidacy requirements and qualifications, we have held, fall into this category because of their potential to "undermine the effectiveness of voters who wish to elect [particular] candidates." Allen, 393 U. S., at 570; see also Dougherty County Bd. of Ed. v. White, 439 U. S. 32, 40 (1978). Changes in the composition of the electorate that votes for a particular office—that is, situations that raise the specter of vote dilution—also belong to this class because they could "nullify [voters'] ability to elect the candidate of their choice just as would prohibiting some of them from voting." 393 U. S., at 569. This nexus between the changed practice and its impact on voting in the general election has been a recurring theme in our cases interpreting the Act. See Chisom v. Roemer, 501 U. S. 380, 397 (1991) ("Any abridgment of the opportunity of members of a protected class to participate in the political process inevitably impairs their ability to influence the outcome of an election"). In its reenactments and extensions of the Act, moreover, Congress has endorsed these broad constructions of § 5. See, e. g., S. Rep. No. 97-417, pp. 6-7, and n. 8 (1982).

A filing fee for party delegates operates in precisely the

same fashion as these covered practices. By limiting the opportunity for voters to participate in the Party's convention, the fee undercuts their influence on the field of candidates whose names will appear on the ballot, and thus weakens the "effectiveness" of their votes cast in the general election itself. As an elementary fact about our Nation's political system, the significance of the nominating convention to the outcome in the general election was recognized as long ago as Justice Pitney's concurrence in Newberry v. United States, 256 U. S. 232 (1921). Joined by Justices Brandeis and Clarke, he wrote: "As a practical matter, the ultimate choice

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