The U.S. Supreme Court upheld the "preclearance" provision in Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a case in which a small utility district in Texas challenged Section 5 of the Voting Rights Act of 1965. Section 5, reauthorized by Congress in 2006, applies to all or parts of 16 states. It requires those states to get federal approval before changing election rules or procedures, due to past laws and practices that discriminated against and disenfranchised racial minorities. This provision is referred to as the "preclearance" provision.

During the 2008 presidential election season, there were numerous allegations of attempts to disenfranchise legitimate voters. Some of the techniques involved voter caging, voter purging, and deceptive practices. To prevent the use of these techniques in the future, Rep. John Conyers (D-MI) introduced legislation that would ban deceptive practices and eliminate voter caging. He also introduced a bill that would restore voting rights to numerous individuals who have been convicted of felonies and would make Election Day a holiday.