"Berman reports that this special carve out for these racially discriminatory laws was necessary to secure the support of House Majority Leader Eric Cantor and some other Republicans.
It should be noted, however, that while voter ID laws cannot be used to bring a state under the preclearance requirement, the bipartisan bill will allow them to be blocked in states that are already subject to preclearance — either under the new formula or under another provision that will be discussed shortly. In this sense, the bipartisan bill appears to be a compromise between a radical proposal hinted at by Sen. Chuck Grassley (R-IA) — that voter ID be exempt from the Voting Rights Act entirely — and the pre-Roberts Court status quo. Nevertheless, there is a risk that the bipartisan voting bill will allow voter ID laws in some states to be grandfathered in if they are enacted during a period when the state is not subject to preclearance."