The “Totality of Circumstances Test” in Section 2 of the 1982 Extension of the Voting Rights Act: A Social Science Perspective*

Abstract

We discuss uses of social science definitions and research methods in judging compliance with the recently modified language of Section 2 of the Voting Rights Act. That Act now specifies a “totality of circumstances” effects lest for the existence of racial vote dilution. There are seven “typical” factors listed by the Senate Committee on the Judiciary in its report on the 1982 Voting Rights extension as among those which may be used to establish a Section 2 violation. Because of the nature of these factors, extensive (and often conflicting) testimony by social scientists has now become an inescapable feature of Section 2 litigation. We focus particular attention on one of the seven factors, racially polarized voting, because measurement of it is, as judged by recent litigation, the most controversial, the most complex, and the most important. We also discuss at some length another factor, racial campaign appeals, which also raises issues of appropriate definition and measurement. The aim of this paper is to contribute to a standardization of terminology and operationalization in an important public policy area, and to show how social science methodology can assist legal fact‐finding.