John Conyers (D-Mich.) and House Democrats plan to spend this year drawing attention to ongoing concerns with voting rights after the Supreme Court invalidated parts of the Voting Rights Act (VRA) Section 4, Preclearance, in 2013. The court struck down sections of the law dealing with the special scrutiny imposed on states with a history of discrimination, compelling Congress to come up with a new formula based on current data to determine which states should be subject to the law.
House Judiciary Committee Chairman Bob Goodlatte (R-Va.) said last week that he sees no need to revamp the law, yet another sign of disagreement between Republicans and Democrats.
“We have not seen a process forward that is necessary to protect people because we think the Voting Rights Act is providing substantial protection in this area right now,” Goodlatte said at a breakfast hosted by the Christian Science Monitor.
Conyers is undeterred.
“The Supreme Court kind of threw us a curveball on that, but look, that’s happened before,” he said. The court’s decision makes voting rights “a new, big issue,” he said.
The best way to solve this is to take it out of the hands of Congress and make it part of the Census.
Implementation steps:
1. At the beginning of the Census, put all states on Preclearance.
2. The states submit their last ten years of voting records to the Justice Department's Voting Rights division.
3. Within 90 days, those states that pass are removed from Preclearance.
4. State's Redistricting plans are submitted for review by those states still on Preclearance.
To make this work, the new formula must be flexible to adjust for new ways states' restrict voter's right to vote.
After 5 years, a Preclearance state should be able to terminate coverage under the Act's special provisions. Section 4 provides that a jurisdiction may terminate or "bailout" from coverage under the Act's special provisions. A jurisdiction seeking to "bailout" must seek a declaratory judgment from a three-judge panel in the United States District Court for the District of Columbia.
The successful "bailout" applicant must demonstrate that:
- No test or device has been used within the jurisdiction for the purpose or with the effect of voting discrimination.
- No change affecting voting has been the subject of an objection by the Attorney General or the denial of a Section 5 declaratory judgment from the District of Columbia district court.
- There have been no adverse judgments in lawsuits alleging voting discrimination.
- There have been no consent decrees or agreements that resulted in the abandonment of a discriminatory voting practice.
- There are no pending lawsuits that allege voting discrimination and Federal examiners have not been assigned.
- There have been no violations of the Constitution or federal, state or local laws with respect to voting discrimination unless the jurisdiction establishes that any such violations were trivial, were promptly corrected, and were not repeated.
Before being allowed to "bailout", the jurisdiction must have eliminated those voting procedures and methods of elections that inhibit or dilute equal access to the electoral process. It also must demonstrate that it has made constructive efforts to eliminate intimidation and harassment of persons seeking to register and vote and expand opportunities for voter participation, such as opportunities for registration and voting, and to appoint minority officials throughout the jurisdiction and at all levels of the stages of the electoral process. The jurisdiction must also present evidence of minority electoral participation.
In addition, these requirements apply to all governmental units within the geographical boundaries of the jurisdiction. Thus, if a county is seeking to "bailout", it must establish each criteria for every city, town, school district, or other entity within its boundaries.
The jurisdiction seeking "bailout" must publicize the intended commencement and any proposed settlement of the action; any aggrieved party may intervene in the litigation.
The Attorney General is also authorized to consent to an entry of judgment granting the "bailout" if the Attorney General concludes after investigation that the jurisdiction has complied with all requirements. Prior to actually filing a petition with the District of Columbia court, any jurisdiction interested in seeking "bailout" may submit a request to the Attorney General with supporting documentation and evidence. Upon receipt, the Voting Section of the Civil Rights Division will undertake an investigation to determine whether the Attorney General would be willing to enter into a consent decree or would oppose the "bailout" petition. If the Attorney General determines that consent to an entry of judgment is proper, the Voting Section will work with the jurisdiction to agree on the terms of the consent decree to be filed with the "bailout" petition when the litigation is actually filed.
The Voting Section also accepts complaints about possible violations of the federal voting rights laws.
The Voting Section enforces the civil provisions of the federal laws that protect the right to vote, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act and the Civil Rights Acts.
The Voting Section accepts complaints about possible violations of the federal voting rights laws:
- By email at voting.section@usdoj.gov
- By telephone at (800) 253-3931 (toll free)
- By fax at (202) 307-3961
- By complaint form, CLICK HERE
- By letter to the addresses below:
Voting Section
Civil Rights Division
U.S. Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
NYC Wins When Everyone Can Vote! Michael H. Drucker
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