Rep. Bob Goodlatte (R-Va.), chairman of the House Judiciary Committee, he sparked controversy on Jan. 14 saying that, “The Voting Rights Amendment Act” – which would restore the pre-clearance requirement by the Justice Department for states mainly in the South – “is not necessary.”
He has decided not to hold a hearing on the bill that would restore key elements of the Voting Rights Act of 1965 and this has outraged African-American and civil rights leaders.
Goodlatte said the watered down Voting Rights Act (VRA) that is presently in effect protects voters from discrimination but Rep. George Butterfield (D-N.C.), chairman of the Congressional Black Caucus, disagrees. “I am deeply troubled that Goodlatte doesn’t think it is necessary to restore the Voting Rights Act,”
Butterfield said. “We began this Congress very hopeful to build upon the bipartisan work of Reps. Jim Sensenbrenner (R-Wis.) and Jim Clyburn (D-S.C.). If this is indeed the position of the entire Republican Conference, then they have clearly drawn a line in the sand – one in which they are on the wrong side of.”
Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, also disagrees with Goodlatte’s decision. “Chairman Goodlatte has paid no attention to the rampant voting discrimination still happening throughout the country, most recently in the 2014 midterm elections,” Henderson said. “The now-weakened [VRA] lacks the ability to protect voters from discrimination before they are denied the right to vote. The remedies that the chairman says still exist are costly and time consuming to pursue through the courts and decisions in these cases often come long after voters have been excluded from elections that they have every right to participate in.”
Butterfield is urging the House Republican leadership to override Goodlatte’s decision.
“I call on Speaker [John] Boehner, Majority Leader [Kevin] McCarthy and Majority Whip Steve Scalise to reverse this decision and make restoring the VRA a priority,” the representative said. “The weakening of the VRA left millions of Americans vulnerable to discriminatory state laws. To do nothing sends a terrible message, not only to minorities, but to anyone who believes the right to vote is essential to our democracy and way of life.”
If you agree, contact these representative to hold this hearing.
A Better Way to implement the Voting Rights Act's Preclearance
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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