Abstract
In 1965, the Voting Rights Act was passed, ushering in a new era of voting freedom. The Act brought an end to many of the overtly discriminatory practices that had persisted for nearly two centuries. Over time, however, states began to introduce more subtle and complex voting regulations that gradually undermined the gains achieved through the civil rights movement. In 2021, the Supreme Court dismantled an essential safeguard for voters, significantly weakening the protections the Act once guaranteed. This erosion of protections is largely attributable to a single doctrinal standard within the Act, known as the totality of the circumstances test, which determines if voting policies are discriminatory. By analyzing voting regulations individually, rather than in their broader context, this test often fails to capture the cumulative and systemic effects of multiple laws that, together, can suppress voter participation. This Note explores the proportionality test used in Canada to evaluate potentially discriminatory voting laws. This test offers a more rigorous and structured analytical framework that is better equipped to assess how seemingly neutral laws may disproportionately impact minority groups. As a result, it provides a more consistent and equitable means of protecting voting rights. Ultimately, this Note advocates for amending the Voting Rights Act to replace the totality of the circumstances test with the proportionality test.
Recommended Citation
Michelle Gutowski,
SHAPING A MORE EQUITABLE ELECTION SYSTEM: A CANADIAN APPROACH TO SOLVING THE VOTING RIGHTS CRISIS IN AMERICA,
33 J. L. & Pol'y
147
(2025).
Available at:
https://brooklynworks.brooklaw.edu/jlp/vol33/iss2/4
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