The Evolution of Section 2: Numbers and Trends

For more than four decades, Section 2 of the Voting Rights Act has barred electoral practices that result in a “denial or abridgment” of the right to vote based on race or membership in protected language minority groups. Since 1982, 466 Section 2 cases have resulted in published decisions or opinions available on the major legal databases. Examination of these decisions reveals several trends:
  • More cases addressed vote dilution (e.g., challenges to at-large elections, districting plans, and similar practices) than non-dilution (e.g., challenges to election procedures like voter ID and early voting).
  • The proportion of non-dilution cases to dilution cases increased over time.
  • Plaintiffs were much more likely to succeed in Section 2’s first decade than in more recent years.
  • Dilution cases succeeded more often than non-dilution cases.
  • More cases addressed local electoral practices than state practices.
  • The proportion of cases challenging state practices has increased over time, while plaintiff success in these types of cases has declined.
  • In the decade following Shelby County v. Holder (2013), plaintiffs in jurisdictions previously subject to Section 5 of the Voting Rights Act secured more successful outcomes in Section 2 cases than they did in the decade preceding the decision.
These trends are discussed in more detail below. For an explanation of how the dataset was compiled, please see the About page.