Page:United States Reports 502 OCT. TERM 1991.pdf/683

 502us2$30I 09-08-95 14:43:51 PAGES OPINPGT

Cite as: 502 U. S. 491 (1992)

525

Stevens, J., dissenting

Changes from district voting to at-large voting, the gerrymandering of district boundary lines, and the replacement of an elected official with an appointed official all share the characteristic of enhancing the power of the majority over a segment of the political community that might otherwise be adequately represented. A resolution that reallocates decisionmaking power by transferring authority from an elected district representative to an official, or a group, controlled by the majority, has the same potential for discrimination against the constituents in the disadvantaged districts.27 The Russell County Resolution satisfies that test, and therefore, like both Etowah County Resolutions, should have been precleared. To hold otherwise, as the Court does today, leaves covered States free to evade the requirements of § 5, and to undermine the purpose of the Act, simply by transferring the authority of an elected official, who happens to be black, to another official or group controlled by the majority. The Court today rejects the Attorney General’s position that transfers of authority are covered under § 5 when “they registration that followed has resulted in new methods to maintain white control of the political process. “ ‘For example, State legislatures and political party committees in Alabama and Mississippi have adopted laws or rules since the passage of the act which have had the purpose or effect of diluting the votes of newly enfranchised Negro voters. These measures have taken the form of switching to at-large elections where Negro voting strength is concentrated in particular election districts, facilitating the consolidation of predominantly Negro and predominantly white counties, and redrawing the lines of districts to divide concentrations of Negro voting strength.’ ” Perkins v. Matthews, 400 U. S., at 389. 27 In Russell County, the voters continue to elect county commissioners, but the most significant power previously held by those commissioners has been shifted to the county engineer, who is appointed by the Commission. The effect of this change, as in Bunton v. Patterson, 393 U. S., at 550–551 (change in which office is made appointive rather than elective is subject to § 5 preclearance), and McCain v. Lybrand, 465 U. S., at 250, n. 17, was less power for the voters over local affairs.