Cite as: 517 U. S. 186 (1996)
Thomas, J., dissenting
lieved, based on legislative history, that Congress probably meant to include the election of party delegates under the Act, the court felt itself bound by the fact that § 5 addresses only actions of the State. This limitation was further evidenced, in the court's view, by § 5's provision that preclearance be sought by "the chief legal officer or other appropriate official of such State or subdivision." 42 U. S. C. § 1973c. The District Court concluded that the State itself had "no connection" with the delegate selection process other than providing for the public filing of the rules for selection, and that, though the action of the Party might be "state action" in the constitutional sense, § 5 could not be read so broadly. Civ. Action No. 16286, at 5. Essential to the judgment of the District Court in Williams was the holding that § 5 does not encompass political parties. The affirmance of that holding, which is entitled to precedential weight, is instructive here.5
Contrary to the suggestion of Justice Stevens, United States v. Sheffield Bd. of Comm'rs, 435 U. S. 110 (1978), does not support the contention that the Republican Party of Virginia is subject to § 5. See ante, at 204, 219. The precise question presented in that case was whether § 5 required the city of Sheffield, Alabama, to preclear a voting change. The
5 Justice Stevens' attempt to distinguish, and even to draw support from, Williams is unpersuasive. See ante, at 201-203. The fact that Virginia grants ballot access to the Party's nominee in this case does not establish state involvement in the nominating convention. In holding its convention, the Party exercised no state-delegated power. See infra, at 269-276. Further, Justice Stevens mischaracterizes Williams when he declares that the "only" reason that the District Court did not require preclearance was because no adequate administrative procedures existed; the Williams court noted that the lack of such procedures buttressed its premise that § 5 applies only to States and political subdivisions. Civ. Action No. 16286, at 4. Finally, 28 CFR § 51.23(b) (1995), which now provides that party officials may submit rules for preclearance, cannot change the language of § 5, which is still limited, as it was at the time Williams was decided, to States and political subdivisions.
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