The following excerpt is from Goosby v. Town Bd. of Town of Hempstead, N.Y., 180 F.3d 476 (2nd Cir. 1999):
Subsection (a) of the amended statute retains the original statute with one significant change. Where the original act had addressed voting mechanisms "imposed or applied to deny or abridge the right ... to vote on account of race or color," the new version reaches mechanisms "imposed or applied ... in a manner which results in a denial or abridgement of the right ... to vote on account of race or color." This substitution clearly diminishes the importance of motivation and focuses more on result. Retention of the words "on account of race or color," however, suggests a continuing concern for race-based motivation, at least within the electorate. 2 (I recognize that courts have sometimes construed similar language not to require proof of race-based intent. See Griggs v. Duke Power Co., 401 U.S. 424, 432, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) (construing section 703(a)(2) of Title VII, 42 U.S.C. 2000e-2(a)(2)--which prohibits adverse employment actions "because of" an individual's race--to reach job requirements that unnecessarily have a "disparate impact" on a minority group).)
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