Once a jurisdiction chose to petition for release there is no guarantee that the State or county would succeed. I would remind my colleagues of the experience of the Commonwealth of Virginia. when. in 1974. an attempt was made to bail out. Although the district court found that a literacy test had not been used in Virginia for a discriminatory purpose. because the State could not prove that its dual school system "had no appreciable discriminatory effect on the ability of persons of voting age to meet a literacy requirement." it was forbidden to bail out. Moreover. under the existing law. the jurisdictions covered by the 1970 amendments probably could not seek bailout until 1987. Those jurisdictions are: 8 counties in Arizona. 2 counties in California. 3 towns in Connecticut. 1 county in Idaho. 9 towns in Massachusetts. 10 towns in New Hampshire. 3 counties in New York. and 1 county in Wyoming.
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literacy test