After NFIB v. Sebelius, When Does the Cost of Voting Become an Illegal Poll Tax?

State, county and local legislatures in the South are enacting laws designed to reduce the participation of Blacks, Hispanics and the poor of all races in the voting franchise. Devices being used to prevent or discourage wide voter participation include photo identification laws requiring would be voters to obtain a particular type of photo identification and prohibiting forms of identification, which are more cheaply and easily obtained. They also include reducing the number of polling places and changing their location, both which impose significant direct and indirect costs on voters relating to time and travel, as well as opportunity costs with respect to missed work. The Attorney General of the United States recognizes over 15 types of election changes that could disparately impact minority voters, from voter registration procedures and language requirements to redistricting and annexation of voter precincts. The Voting Rights Act authorized the Department of Justice to review all election changes from ‘covered’ States.