Voting Rights Advancement Act of 2019
Floor Speech
BREAK IN TRANSCRIPT
Ms. SEWELL of Alabama. Mr. Speaker, I rise today in support of H.R. 4, the Voting Rights Advancement Act.
Nothing is more fundamental to our democracy than the right to vote, and nothing is more precious to my district, Alabama's Seventh Congressional District, than the fight to protect the right to vote for all Americans.
It was in my district, Birmingham, Montgomery, Marion, and Selma, that ordinary Americans peacefully protested for the equal right to vote for African Americans.
Voting is personal to me, not just because I represent Alabama's Civil Rights District, but because it was on the streets of my hometown of Selma that foot soldiers shed their blood on the Edmund Pettus Bridge so that all Americans, regardless of race, could vote.
It was on that same bridge in Selma, Alabama, that our colleague, a then 26-year-old, John Lewis, was bludgeoned by State troopers with billy clubs in the name of justice. Their efforts led to the passage of the Voting Rights Act of 1965, the seminal and most effective legislation passed in this Congress to protect the right of all Americans to vote.
Those protections were gutted in 2013 by the Supreme Court decision in Shelby v. Holder when the Court ruled that Section 4(b) of the VRA was unconstitutional, stating that the coverage formula that Congress adopted was outdated.
Well, today, 6 years after the Shelby decision, Congress is finally answering the Supreme Court's call to action by passing H.R. 4. H.R. 4 creates a new coverage formula to determine which States will be subject to the VRA's preclearance requirement that is based on current, recent evidence of voter discrimination.
In addition, the bill also establishes practice-based preclearance authority and increases transparency by requiring reasonable notice for voter changes.
This new voter formula is narrowly tailored to cover the States and jurisdictions where there has been a resurgence of significant and pervasive discriminatory voting practices. It does not include those areas where such preclearance would be considered to be an unjustifiable burden.
In all, these changes will restore the full strength of the Voting Rights Act by stopping discrimination before it takes place, as Congress had intended in the pasting of the VRA.
Mr. Speaker, old battles have become new again. The fight that began in Selma, Alabama, in 1965 still persists. Yes, Selma is now.
While literacy tests and poll taxes no longer exist, certain States and local jurisdictions have passed laws that are modern-day barriers to voting. So as long as voter suppression exists, the need for the full protections of the VRA will be required, and that is why it is critically important that we fully restore the protections of the Voting Rights Act by passing H.R. 4.
Mr. Speaker, I want to thank the Judiciary Committee and the House Administration's Subcommittee on Elections for hosting the 17 hearings and collecting the thousands and thousands of pages of documentation supporting the report on H.R. 4.
Likewise, I include in the Record letters of support for H.R. 4 from outside groups that detail the existence of current voter suppression. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America--UAW, December 5, 2019.
Dear Representative: On behalf of the more than one million active and retired members of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), I am writing to strongly urge you to vote 'YES' on the Voting Rights Advancement Act (H.R. 4).
This legislation is badly needed as the disastrous Supreme Court's Shelby v. Holder decision has led to the proliferation of state laws that have made it more difficult for the American people to exercise their fundamental voting rights. In the last decade, 25 states have enacted new voting restrictions, including strict photo ID requirements, early voting cutbacks, and registration restrictions. Registered voters have been intentionally purged from voter rolls and states have closed hundreds of polling stations with a history of racial discrimination since the court ruled that they did not need federal approval to change their rules. These repeated attacks have severely undermined people's fundamental voting rights, which are the foundational principles of our representative democracy.
H.R. 4 helps protect citizens' ability to register to vote and provides real enforcement so that marginalized communities will have proper access to the ballot box. Empowering Americans to vote and ensuring that everyone has equal access to participate in the voting process is a core value of our democracy.
The UAW strongly urges you to vote `YES' on the Voting Rights Advancement Act (H.R 4). Sincerely, Josh Nassar, Legislative Director. ____ National Hispanic Leadership Agenda, December 4, 2019. Re NHLA Urges Support of the Voting Rights Advancement Act, H.R. 4. House of Representatives, Washington, DC.
Dear Representative: We write on behalf of the National Hispanic Leadership Agenda (NHLA), a coalition of the nation's leading Latino nonpartisan civil rights and advocacy organizations, to urge you to vote ``yes'' on the Voting Rights Advancement Act of 2019 (VRAA), H.R. 4. This legislation restores necessary voting protections to ensure that discriminatory voting-related changes are blocked before they are implemented. There is no right more fundamental to our democracy than the right to vote, and for more than 50 years the Voting Rights Act of 1965
(VRA) provided voters with one of the most effective mechanisms for protecting that right. The VRAA would provide Latino and other voters of color new and forward-looking protections against voter discrimination. The Latino community cannot wait for another federal election cycle to go by without effective mechanisms to guard against discriminatory voting-related changes. NHLA will closely monitor this matter for inclusion in future NHLA scorecards evaluating Member support for the Latino community.
The VRA is regarded as one of the most important and effective pieces of civil rights legislation in our country's history due to its ability to protect voters of color from discriminatory voting practices before they occurred. In 2013, the Supreme Court, in its decision in Shelby County v. Holder, struck down the formula that determined which states and political subdivisions were required to seek federal pre- approval of their voting-related changes to ensure they did not discriminate against minority voters. The Supreme Court put the onus on Congress to enact a new formula better tailored to current history, and after the decision, states or political subdivisions were no longer required to seek preclearance unless ordered by a federal court in the course of litigation.
H.R. 4 includes a new geographic coverage formula to identify those jurisdictions that will have to ``preclear'' their voting-related changes, as well as new provisions requiring practice-based preclearance, or ``known-practices coverage.'' Known-practices coverage would focus administrative or judicial review narrowly on suspect practices that are most likely to be tainted by discriminatory intent or to have discriminatory effects, as demonstrated by a broad historical record. Any jurisdiction in the U.S. that is home to a racially, ethnically, and/or linguistically diverse population and that seeks to adopt a covered practice will be required to preclear the change before implementation. The known practices covered under the bill include. 1) changes in method of election to change a single-member district to an at-large seat or to add an at- large seat to a governing body; 2) certain redistricting plans where there is significant minority population growth in the previous decade; 3) annexations or deannexations that would significantly alter the composition of the jurisdiction's electorate; 4) certain identification and proof of citizenship requirements; 5) certain polling place closures and realignments; and 6) the withdrawal of multilingual materials and assistance not matched by the reduction of those services in English.
Preclearance is an efficient and effective form of alternative dispute resolution that prevents the implementation of voting-related changes that would deny voters of color a voice in our elections. Preclearance saves taxpayers in covered jurisdictions a considerable amount of money because the jurisdiction can obtain quick decisions without having to pay attorneys, expert witnesses, or prevailing plaintiff's fees and costs that are incurred in complex and expensive litigation. In December 2018, redistricting litigation in North Carolina had already cost $5.6 million in taxpayer dollars. The litigation related to Texas's redistricting scheme was also a multi-million dollar affair, ultimately paid by taxpayers for the discriminatory actions of government officials.
Across the U.S., racial, ethnic, and language-minority communities are rapidly growing -- the country's total population is projected to become majority-minority by 2044. It is no secret that many states and local jurisdictions fear losing political power, and the rapid growth of these communities is often seen as a threat to existing political establishments. Between 2007 and 2014, five of the ten U.S. counties with the most rapid rates of Latino population growth were in North Dakota or South Dakota, two states whose overall Latino populations still account for less than ten percent of their residents, and are dwarfed by Latino communities in states like New Mexico, Texas, and California. It is precisely this rapid growth of different racial or ethnic populations that results in the perception that emerging communities of color are a threat to those in political power.
Last month, MALDEF, NALEO--both members of NHLA--and Asian Americans Advancing Justice--AAJC, released a new report, Practice-Based Preclearance: Protecting Against Tactics Persistently Used to Silence Minority Communities' Votes, detailing the need for forward-looking VRA legislation that provides protections for emerging minority populations. H.R. 4 identifies different voting changes most likely to discriminatorily affect access to the vote in diverse jurisdictions whose minority populations are attaining visibility and influence. The report looked at these identified practices and found, based on two separate analyses of voting discrimination, that these known practices occur with great frequency in the modern era.
Congress must protect the access to the polls, and it must include a known-practices coverage formula. H.R. 4 is a critical piece of legislation that will restore voter protections that were lost due to the Shelby County decision. NHLA urges you to stand with voters and to vote ``yes'' on H.R. 4. Sincerely, Thomas A. Saenz,
MALDEF, President and General Counsel, NHLA Chair, Civil Rights Committee, Co-Chair. Juan Cartagena,
LatinoJustice PRLDEF, President and General Counsel, Civil Rights Committee NHLA, Co-Chair. ____ National Education Association, October 22, 2019. House Committee on the Judiciary, U.S. House, Washington, DC.
Dear Representative: On behalf of the 3 million members of the National Education Association who work in 14,000 communities across the nation, thank you for holding this markup of the Voting Rights Advancement Act of 2019 (H.R. 4). We urge you to VOTE YES on the Voting Rights Advancement Act, which we believe combats voter discrimination and protects the most fundamental right in our democracy. Votes on this issue may be included in NEA's Report Card for the 116th Congress.
The U.S. Supreme Court in Shelby v. Holder invalidated a crucial provision in the Voting Rights Act of 1965 that prevented states with a history of discriminating against voters from changing their voting laws and practices without preclearance by federal officials. This federal review was an important feature of the Voting Rights Act; doing away with it has virtually annulled the federal oversight that was--and remains--crucial to ensuring that millions of people have equal access to the ballot box After the 2013 Shelby decision, several states changed their voting practices in controversial ways that created barriers for people of color, low-income people, transgender people, college students, the elderly, and those with disabilities. The Voting Rights Advancement Act takes several steps toward reversing this harmful, undemocratic trend, including:
Modernizing the Voting Rights Act so that preclearance covers states and localities with a pattern of discrimination;
Requiring jurisdictions to publicly disclose, 180 days before an election, all voting changes; and
Authorizing the Attorney General, either on Election Day or during early voting, to send federal observers to any jurisdiction where there is a substantial risk of discrimination at the polls.
NEA members live, work, and vote in every precinct, county, and congressional district in the United States. They take their obligation to vote seriously because it is essential to protecting the opportunities that they believe all students should have. Furthermore, educators teach students that voting is a responsibility of citizenship, a privilege for which many people have fought and died. We urge you to VOTE yes on the Voting Rights Advancement Act, and to support legislation to expand voter registration, safeguard our elections, and restore voting rights for people with past criminal convictions--important steps to ensure that all have a voice in our society. Sincerely, Marc Egan, Director of Government Relations, National Education Association. ____ In Our Own Voice: National Black Women's Reproductive Justice Agenda, December 4, 2019.
Dear Representative: On behalf of In Our Own Voice: National Black Women's Reproductive Justice Agenda, a national/state partnership with eight Black Women's Reproductive Justice organizations (Black Women's Health Imperative, New Voices for Reproductive Justice, SisterLove, Inc., SisterReach, SPARK Reproductive Justice NOW!, Inc., The Afiya Center, and Women With A Vision), lifting up the voices of Black women leaders on local, state, and national policies that impact the lives of Black Women and girls, we write in strong support of H.R. 4, the Voting Rights Advancement Act. We oppose any Motion to Recommit. We urge you to vote ``yes'' during the anticipated House floor vote.
At the core of Reproductive Justice is the human right to control our bodies, our sexuality, our gender, our work, and our reproduction. That right can only be achieved when all women and girls (cis, femme, trans, agender, gender non- binary and gender nonconforming) have the complete economic, social, and political power and resources to make healthy decisions about our bodies, our families, and our communities in all areas of our lives. This most certainly includes at the polls.
The U.S. Supreme Court decision in June of 2013 that gutted the Voting Rights Act of 1965, one of the most impactful civil rights laws enacted to date, significantly set back racial equality in voting. Since the Supreme Court decision in Shelby County v. Holder, discrimination has become common place in voting, nationwide, and voter suppression is absolutely rampant throughout the system. We know that such suppression disproportionately impacts communities of color.
Significant barriers exist for Black communities. In a nationwide poll conducted by In Our Own Voice, National Latina Institute for Reproductive Health, and National Asian Pacific American Women's Forum in Spring of 2019, 33% of women of color voters polled experienced an issue voting. Additionally, countless hearings held by the House Judiciary Committee throughout the year have shown significant barriers to accessing the polls, significantly impeding voter participation.
H.R. 4 is necessary to restore and modernize the Voting Rights Act to acknowledge the lived experiences of those working to access the polls in all communities. This legislation would strengthen our voting laws to ensure repeated voting rights violations are addressed, increases processes and transparency around voting changes, and goes great lengths to protection individuals from racial discrimination in voting.
In Our Own Voice's work, particularly through our I Am A Voter project, is to increase Black women's voter engagement in state, local and federal elections, to ensure our stories are told and our voices are represented. H.R. 4 is critical to ensuring that we can express our beliefs and positions through the ballot box. We urge Congress to pass this historic legislation. Sincerely, Marcela Howell, Founder and President/CEO. ____ American Civil Liberties Union, December 5, 2019. Re Vote YES on H.R. 4, the Voting Rights Advancement Act.
Dear Representative: The American Civil Liberties Union (ACLU) urges you to vote ``YES'' on H.R. 4 the Voting Rights Advancement Act of 2019 (VRAA) this morning. The ACLU will score this vote.
Congress enacted the Voting Rights Act in 1965 (VRA) almost a century after the adoption of the Fifteenth Amendment, which prohibits racial discrimination in voting. The most powerful enforcement tool in the Voting Rights Act was the federal preclearance process, established by Section 5. It required locations with the worst records of voting discrimination to federally ``preclear''--or get federal approval for--voting changes by demonstrating to either the Justice Department or the D.C. federal court that the voting change would not have a discriminatory purpose or effect. What preclearance meant in practice was that states and jurisdictions with documented histories of voting discrimination could not enforce new voting rules without showing that the rules did not discriminate on the basis of race.
While upholding the Voting Rights Act's preclearance process itself, the Supreme Court's 2013 decision in Shelby County v. Holder effectively nullified preclearance protections contained in the Voting Rights Act by invalidating the coverage formula that identified which locations would be subject to preclearance. Many states have taken the Shelby County decision as a green light to enact discriminatory voting restrictions with impunity. These restrictions include photo ID laws, restraints on voter registration, voter purges, cuts to early voting, restrictions on the casting and counting of absentee and provisional ballots, documentary proof of citizenship requirements, polling place closures and consolidations, and criminalization of acts associated with registration or voting.
In turn, this rash of discriminatory voting laws has led to an explosion of litigation to protect voters from state and local violations of federal law. Since Shelby County, the ACLU has opened more than 60 new voting rights cases and investigations and currently has more than 30 active matters. Between the 2012 and 2016 presidential elections alone, the ACLU and our affiliates won 15 voting rights victories, protecting more than 5 6 million voters in 12 states that collectively are home to 161 members of the House of Representatives and wield 185 votes in the Electoral College. The ACLU also submitted a 227-page report to the House Judiciary Committee reviewing the legal landscape, evidence of ongoing voting discrimination addressed by the bill, and an analysis of its key provisions. The ACLU report is publicly available here: https://www.aclu.orglreport/aclu- report-voting-rights-act.
The ACLU's recent litigation experience supports at least two conclusions: our record of success in blocking discriminatory voting changes--with an overall success rate in Voting Rights Act litigation of more than 80 percent-- reveals that state and local officials are continuing to engage in a widespread pattern of unconstitutional racial discrimination and pervasive violations of federal law. It also shows that there is a lack of tools necessary to stop discriminatory changes to voting laws before they taint an election. Even in the cases in which the ACLU has ultimately succeeded, these discriminatory policies remained in place for months or even years while litigation proceeded--crucial time during which elections were held, and hundreds of government officials elected, under unfair conditions.
In delivering the Supreme Court's 5-4 majority opinion in Shelby County, Chief Justice John Roberts expressly invited Congress to update the Voting Rights Act's protections based on current conditions of discrimination. It is long past due for Congress to renew the protections of the Voting Rights Act. The price of inaction to protect the voting rights of Americans is high, and history offers a myriad of examples demonstrating its cost to the nation. Congress must act now to cement the legacy of the Voting Rights Act and guard the rights of all Americans. The ACLU urges you to vote ``yes'' on H.R. 4 and reauthorize the Voting Rights Act. Sincerely, Ronald Newman,
National Political Director, National Political Advocacy Department. Sonia Gill,
Senior Legislative Counsel, National Political Advocacy Department. ____ Anti-Defamation League, June 26, 2019. Hon. Steve Cohen, Chairman, House Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Hon. Mike Johnson, Ranking Member, House Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Dear Chairman Cohen and Ranking Member Johnson: On behalf of ADL (the Anti-Defamation League), we write to urge the House Judiciary Committee to take prompt action to protect Americans' fundamental right to vote by approving H.R. 4, the Voting Rights Advancement Act of 2019 (VRAA). We ask that this statement be included as part of the official hearing record for the subcommittee's June 25, 2019 hearing on ``Continuing Challenges to the Voting Rights Act Since Shelby County.''
Since the enactment of the Voting Rights Act (VRA) in 1965, a central part of ADL's mission--``to stop the defamation of the Jewish people, and to secure justice and fair treatment to all''--has been devoted to helping to ensure that all Americans have a voice in our democracy. Answering Dr. King's call for ``religious leaders from all over the nation to join us . . . in our peaceful, nonviolent march for freedom,'' ADL lay leaders and staff joined more than 3,000 Americans in ``peaceful demonstration against blind violence, in `gigantic witness' to the constitutionally guaranteed right of all citizens to register and vote in 1965.''
ADL continues to work today to ensure that all eligible Americans can exercise their fundamental right to vote through advocacy in the courts, legislatures, and communities. We are proud to have stood with leaders such as Dr. King and Rep. John Lewis in 1965 to fight for every citizen's right to vote and we remain equally committed to this goal today. Recognizing the this landmark law as one of the most important and most effective pieces of civil rights legislation ever enacted, ADL has strongly supported the VRA and its extensions since its passage more than 50 years ago, including by filing a brief in Shelby County v Holder.
In the years and decades following the enactment of the Voting Rights Act of 1965, the law quickly demonstrated its essential value in ensuring rights and opportunities. Between 1964 and 1968--the presidential elections immediately before and after passage of the VRA respectively--African American voter turnout in the South jumped by seven percentage points. The year after passage of the VRA, Edward Brooke became the first African American in history elected to the United States Senate by popular vote, and the first African American to serve in the Senate since Reconstruction. By 1970, the number of African Americans elected to public office had increased fivefold. Today there are more than 10,000 African American elected officials at all levels of government.
To be sure, Section 2 of the VRA, which prohibits discrimination based on race, color, or membership in a language minority group in voting practices and procedures nationwide, has helped to secure many of these advances. Yet it is undeniable that Section 5 of the VRA, which requires certain states and political subdivisions with a history of discriminatory voting practices to provide notice and ``pre- clear'' any voting law changes with the federal government, played an essential and invaluable role in the VRA's success. Between 1982 and 2006, pursuant to Section 5, the Department of Justice (DOJ) blocked 700 proposed discriminatory voting laws, the majority of which were based on ``calculated decisions to keep minority voters from fully participating in the political process.'' Proposed laws blocked by Section 5 included discriminatory redistricting plans, polling place relocations, biased annexations and de-annexations, and changing offices from elected to appointed positions, similar to many of the tactics used to disenfranchise minority voters before 1965. In addition, states and political subdivisions either altered or withdrew from consideration approximately 800 proposed voting changes between 1982 and 2006, indicating that Section 5's impact was much broader than the 700 blocked laws.
Despite decades of success and extensive documentation of the law's effectiveness in preventing discriminatory restrictions on the right to vote, on June 25, 2013 the U.S Supreme Court, in a sharply divided 5-4 ruling in Shelby County v. Holder, struck down Section 4(b) of the VRA. In doing so, the Court substituted its views for Congress's own very extensive hearings and findings conducted in 2006 when Congress almost unanimously voted to reauthorize the VRA for another 25 years. The ruling invalidated the formula used to determine which states and political subdivisions would be subject to preclearance under Section 5 but did not evaluate the merits of the preclearance provision itself. The majority only held that ``the formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.''
While Shelby County has done irreparable damage to voting rights in the United States, Congress is not powerless to mitigate this damage and restore the original force of the VRA. In fact, the Court specifically noted that ``Congress may draft another formula based on current conditions'' and reinstate the preclearance provision in Section 5. The Voting Rights Advancement Act of 2019 introduces a new, rolling preclearance formula based on current need that would restore the preemptory force of the VRA. The recent onslaught of restrictive voting laws enacted across the country is evidence that litigation pursuant to Section 2 is entirely inadequate to prevent unconstitutional voting practices and discrimination. Since 2010, over 25 states have enacted restrictive voting laws. Half the country now faces stricter voting regulations than they did in 2010.
Perhaps the most illustrative case for the ongoing necessity of a preclearance process is the battle over a Texas voter ID law. In 2011, Texas passed S.B 14, the strictest voter ID law ever enacted in the United States. Because Texas was required under Section 4 of the VRA to seek preclearance for its voting laws, the law was initially blocked from going into effect. The three-judge panel that reviewed the law found that ``based on the record of evidence before us, it is virtually certain that these burdens will disproportionately affect racial minorities. Simply put, many Hispanics and African Americans who voted in the last election will, because of the burdens imposed by SB 14, likely be unable to vote.''
Within hours of the Court's decision in Shelby County, Texas Attorney General Greg Abbott announced that S.B 14 would go into effect immediately. Following the Attorney General's announcement, multiple civil rights groups and Texas voters filed suit under Section 2 of the VRA. In 2014, a district court held that ``SB 14 was enacted with a racially discriminatory purpose, has a racially discriminatory effect, is a poll tax, and unconstitutionally burdens the right to vote.'' On appeal, a court of appeals stayed the district court's decision and allowed the law to take effect.
For more than two years and over the span of two election cycles, SB 14 prevented eligible voters from casting a ballot while litigation was ongoing. By the time the law was finally invalidated in 2016 by a 9-2 vote of the entire Court of Appeals for the D.C Circuit (sitting en bane), no fewer than seven federal judges had concluded the law was discriminatory. Yet because Section 5 of the VRA was not in effect, this patently unconstitutional law was permitted to disenfranchise untold numbers of minority voters, over two election cycles. The consequences of disenfranchisement are not fully quantifiable but are certainly lasting. Elections cannot be undone, and no judicial relief can restore the confidence in our democracy that was unfairly taken from thousands of disenfranchised voters.
Texas is not the only state to adopt strict voter ID laws. The National Conference of State Legislatures identifies 10 states with ``strict'' voter ID laws and finds that 11% of all Americans lack the necessary government ID that these laws require. Voter ID laws have been found on multiple occasions to disproportionately affect marginalized communities, low-income and elderly Americans, and students.
Nor is Voter ID the only, tool states are using to disenfranchise voters for political gain. In Georgia, then Secretary of State Brian Kemp enforced new election code policies for the 2018 election (in which he was a candidate for Governor) which invalidated a voter's registration if there was any discrepancy in their registration paperwork. Of the 53,000 voters whose registration status was arbitrarily questioned, roughly 70% were African American. In Ohio, a ``use it or lose it'' law caused hundreds of thousands of voters to be purged from the 2018 voter rolls because they did not vote in the last presidential election. Gerrymandering, voter intimidation and harassment, cuts to early voting opportunities, polling place manipulation and closure, and felony disenfranchisement efforts are just some of the other voter suppression tactics that have become prevalent since Shelby County and were used to disenfranchise voters in the 2018 election.
Indeed, we have seen the reversal of half a century of voting rights advancements since Shelby County. While Section 5 of the VRA surely could not have prevented all of these evils, there is no question that this country's democratic institutions would be stronger and our electoral processes more representative if the VRA were in full effect. Following this incredible damage done to the most fundamental of our rights as Americans, Congress now finds itself in the position to act.
The Voting Rights Advancement Act (VRAA) of 2019 is an important first step in restoring voter trust in America's elections and preventing states from enacting additional discriminatory measures to suppress the vote. Just over a decade ago, as Congress was debating the most recent reauthorization of the VRA, committees held 21 hearings and compiled over 20,000 pages of records as evidence of the success of Section 5, the prevalence of ongoing voting discrimination, and the constitutionality of the law. As a result, the reauthorization passed with overwhelming bipartisan support: 390 to 33 in the House of Representatives and 98-0 in the Senate. Congress now has both the power and the imperative to pass the Voting Rights Advancement Act and restore the critical voting protections that quite recently received overwhelming bipartisan approval.
In the face of federal inaction, many states have taken the lead on expanding and securing the right to vote for all people. In 2018, Maryland, New Jersey, and Washington adopted automatic voter registration, a policy which would significantly increase access to the ballot. Since 2016, six states have limited or reversed their felon disenfranchisement laws and 16 states have enacted reforms such as same-day registration, online voter-registration, and expanded early voting opportunities that make it easier to register and vote. Despite the absence of Congressional leadership, there is substantial momentum behind expanding ballot access and preserving America's voting rights.
S. 1945, the VRAA, creates a modern, flexible, rolling formula to determine which states and political subdivisions will have to pre-clear their laws with the federal government. The formula will not require preclearance in all the political subdivisions that have moved to restrict voting rights in the past six years, including some of the examples above, but, over time, the rolling formula will sweep in many of the most problematic jurisdictions. It will restore critical safeguards, preventing enactment of discriminatory voting laws by once more ``shift[ing] the advantage of inertia and time from the perpetrators of the evil to the victims.''
The Fifteenth Amendment to the U.S. Constitution proclaims that ``the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.'' Section 2 of the Amendment expressly declares that ``Congress shall have the power to enforce this article by appropriate legislation.'' As the Supreme Court has recognized, ``by adding this authorization, the Framers indicated that Congress was to be chiefly responsible for implementing the rights created in Section 1,'' and ``Congress may use any rational means to effectuate the constitutional prohibition of racial discrimination in voting.'' Passage of the Voting Rights Advancement Act is not only rational. It is critical to enforcing the constitutional prohibition on racial discrimination in voting and protecting the fundamental right to vote for all Americans.
We strongly welcome these hearings on the devastating legacy of Shelby County and appreciate the opportunity to present ADL's views. We urge the Committee to promptly approve the Voting Rights Advancement Act of 2019. Sincerely, Eileen B. Hershenov,
Senior Vice President, Policy. Steven M. Freeman,
Vice President, Civil Rights. Erika L. Moritsugu,
Vice President, Government Relations, Advocacy, and Community Engagement. Melissa Garlick,
Civil Rights National Counsel. ____ AFL-CIO, December 5, 2019.
Dear Representative: On behalf of the AFL-CIO, I am writing to urge you to vote for the Voting Rights Advancement Act (H.R.4). This bill offers a flexible nationwide approach to protecting voters from discriminatory practices, and it is an important step toward restoration of the protections undermined by the Supreme Court's 2013 decision in Shelby County v Holder. We urge you to oppose any motion to recommit.
The bill would establish a new preclearance coverage formula that is responsive to the discriminatory practices that have proliferated since the Supreme Court's decision in Shelby County v. Holder. As Chief Justice Roberts himself said in the Shelby decision: ``voting discrimination still exists; no one doubts that.'' Discriminatory policies have not only resurfaced in areas formerly covered by the Voting Rights Act's preclearance requirement, but also have proliferated nationwide. State and local officials brazenly have imposed restrictive voting requirements, altered district boundaries, and shifted polling locations in ways that make voting more difficult and less accessible for many voters. The Voting Rights Advancement Act would address these disenfranchisement strategies, as well as others certain to develop.
The right to vote is fundamental to our democracy, and the effort to protect citizens from voting discrimination has been bipartisan for more than half a century. Indeed, the Voting Rights Act of 1965 would not have passed without leadership from both political parties, and Republican presidents signed each Voting Rights Act reauthorization into law.
The integrity of our democracy depends on ensuring that every eligible voter can participate in the electoral process, and, thus, voting discrimination demands strong bipartisan legislative action. Every member of Congress should go on record today in support of this historic legislation. Sincerely, William Samuel, Director, Government Affairs Department. ____ Bend the Arc: Jewish Action, December 5, 2019. Re Vote for the Voting Rights Advancement Act (H.R. 4) and against any Motion to Recommit.
Dear Representative: As the Washington Director of Bend the Arc: Jewish Action, I urge you to vote for the Voting Rights Advancement Act (H.R. 4) and to vote against any Motion to Recommit (MTR), when it comes to a vote this week. This crucial legislation would restore and modernize the Voting Rights Act to combat voter suppression and discrimination across the country. As the largest national Jewish social justice organization focused exclusively on domestic policy, Bend the Arc and our members across the country care deeply about ensuring all people are able to exercise their Constitutional right to shape our democracy through voting.
The VRAA responds to the urgent need to undo the onslaught of abuses by state and local governments in the aftermath of the Supreme Court's 2013 decision in Shelby County v Holder, gutting the preclearance provision of the Voting Rights Act. Since that decision, 14 states have imposed new voting restrictions that would have likely been deemed unacceptable were the VRA at full strength. These policies have had real consequences, such as likely contributing to significantly lower turnout amongst targeted populations, including people of color, in both the 2016 presidential election and the 2018 midterms.
The fight to protect voting rights is deeply personal for American Jews. There is something quintessentially American, and also quintessentially Jewish, about voting. After all, voting is a ritual, part of belonging to the community. Additionally, the United States was the first federal government to fully enfranchise Jews. For many Jews, our families migrated to the U.S. fleeing persecution, coming here to find a country where, even if they were not always welcome or even fully protected under the law, they nonetheless had a legal right to exist, and be a part of our democratic system at the basic level.
Today, we draw inspiration not only from that part of the American Jewish experience, but also from the Jewish leaders of the recent past who worked to pass the Voting Rights Act of 1965, and those today who participate in election protection efforts every Election Day. This is why Bend the Arc has helped mobilize the faith community in support of the VRAA and organized National Days of Action for voting rights to mark the 50th anniversary of the murder of Andrew Goodman, James Chaney, and Mickey Schwerner in 1964, and the passing of the Voting Rights Act of 1965.
Again, I urge you to vote for the Voting Rights Advancement Act (H.R. 4) and against any MTR, to ensure that all Americans are able to exercise their Constitutionally- protected right to vote. Sincerely, Rabbi Jason Kimelman-Block, Washington Director, Bend the Arc: Jewish Action.
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Ms. SEWELL of Alabama. Mr. Speaker, I also want to thank the many stakeholder groups that have worked so hard on this bill: the Leadership Council, the Legal Defense Fund, the NAACP, the Lawyers' Committee, the AFL-CIO, MALDEF, and so many more.
As we prepare to take this vote, let us be guided by our north star, that is our wonderful colleague, our beloved colleague, John Lewis, who reminds us each and every day that the price of freedom is not free. It has been bought and paid for by the courage of ordinary Americans who dared to make this Nation live up to its ideals of equality and justice for all.
Let us recommit ourselves to restoring the promise of voter equality and pass H.R. 4 today.
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Ms. SEWELL of Alabama. Mr. Speaker, I include in the Record the following letters of support for H.R. 4. Faith Leader Call on Congress To Restore the Voting Rights Act NOW
Voting is a sacred right and a cornerstone of democracy. We desperately need to protect every American's right to vote-- and right now this right is endangered by gaps in the law. Our spiritual ancestors in the Civil Rights Movement fought for the Voting Rights Act. We must honor their sacrifices today by passing the Voting Rights Advancement Act.--Rev. Dr. Jennifer Butler, CEO, Faith in Public Life
We stand on the shoulders of so many in our nation who have shown courage and resistance to realize their right to vote, who have fought tirelessly to make sure America lives up to its full potential. Voting is a crucial part of what we must do to hold our elected officials--to hold America-- accountable to not just the dream that Rev. Martin Luther King, Jr. laid out for us, but also the promise that America has held since its beginnings. Yes, it's a promise historically marred by injustice, but it is the promise of a better way. It is a sin and a shame to witness how voting rights have been suppressed and denied since 2013. Voting is a way that we claim the freedom that we have in America. Our most urgent request to Congress is the same as that made by MLK over 40 years ago: give us the ballot.--Rev. Dr. Leslie Copeland-Tune, Chief Operating Officer, National Council of Churches
By our own admission, within our most precious documents, we acknowledge that ALL people are part of God's creation and that we are one nation under God. As such, our democracy says that every citizen should be respected regardless of sex, race, national origin, etc. and that the government is accountable to defend and protect the rights of its public, its citizens. The most precious nature of America society is the right to vote. We have the dignity of citizenship rights; laws are necessary to defend that dignity and those rights, unobstructed, so citizens can enjoy voting and electing their officials.--Imam Dr. Talib M. Shareef, USAF-Retired, President, Masjid Muhammad, The Nation's Mosque
My faith teaches that every person is imbued with dignity, and in a secular democracy our vote is an indicator of that worth. Voter suppression and intimidation is a familiar, age- old practice of marginalizing people in poverty and people of color. A democratic system that suppresses the vote of any citizen is not only unconstitutional, it is dehumanizing. This dehumanizing must stop! Our nation is better than this. A significant step forward would be to pass a 21st Century Voting Rights Act now. This cannot wait. It is the faithful and patriotic way forward.--Sister Simone Campbell, SSS, Executive Director of NETWORK Lobby for Catholic Social Justice
The United Methodist Church affirms the critical role of governments in protecting the rights of all people to free and fair elections. In particular, the Church support efforts to dismantle policies and practices that disenfranchise communities of color and perpetuate systemic injustice.''-- Rev. Dr. Susan Henry-Crowe, General Secretary, General Board of Church and Society of The United Methodist Church
The Religious Society of Friends (Quaker) faith was founded on the belief in the equality of all. Voter suppression in the United States violates this central belief and we must work to assure everyone has the right to vote. We call on lawmakers across the nation to take a stand against voter suppression and pass the Voting Rights Advancement Act (H.R. 4).--Diane Randall, Executive Secretary, Friends Committee on National Legislation
The requirement of society to provide human dignity for all, which stands at the root of all theological traditions, strikes a blow at the very heart of the spurious arguments made by those who want to prevent others from voting based on age, race, disability, or history of contact with the criminal justice system. As an organization that works with many who come from communities that have been historically subjected to all forms of discrimination, the National Religious Campaign Against Torture believes that the right to vote and to fully participate in the democracy is a sacred right and one that should never be taken away from anyone, for any reason.--Rev. Dr. Ron Stief, Executive Director, National Religious Campaign Against Torture
As Franciscans, our Christian faith teaches us that we must recognize each person as a gift from God, and that we must emphasize the importance of the essential humanity and dignity of each person. Pope Francis has called on us to ``meddle in politics'' and we interpret this concept as a requirement that all Americans must have an equal say in the public square. Therefore, we must immediately call on Congress to pass the Voting Rights Advancement Act to ensure that all Americans are able to vote.--Patrick Carolan, Executive Director, Franciscan Action Network
At the National Council of Jewish Women, we are guided by the Jewish imperative to pursue tzedek, or justice. For justice to be realized, all eligible voters must have an opportunity to participate in the electoral process. Without access to the ballot, we can't elect lawmakers who represent our communities and our needs. Congress must restore the full strength of the Voting Rights Act without delay.--Sheila Katz, CEO, National Council of Jewish Women
It was when the collective voice of the people cried out to the Lord in Exodus 3:9 that God hears and sent deliverance to Nation of Israel! Voting by the oppressed was the way black people could lift up their voices, cry out, and participate in creating a more just nation! Restoration of the Voting Rights Act so all voices are heard is essential to perfecting this nation and assuring that it does not return to and separate but unequal society!--Rev. Reuben D. Eckels, Church World Service (CWS)
Since voting is so fundamental to our democracy, all citizens should be committed to making it possible for everyone to exercise that right. The Voting Rights Advancement Act is critical to having a genuine representative democracy and to make sure that the most vulnerable populations are not disenfranchised from the democratic process. People of faith are concerned that the voice of the people be truly representative of all the people.--Bishop John Stowe, Bishop-President, Pax Christi USA
In the Bible, we are reminded that ``when justice is done, it brings joy to the righteous'' (Proverbs 21:15). The Evangelical Lutheran Church in America (ELCA) understands that justice is done when we live out our mutual responsibility for one another by guaranteeing our neighbor's right to vote and participate freely and fully in society. In 2013, the ELCA Churchwide Assembly, our denomination's highest legislative authority, adopted a social policy resolution titled Voting Rights to All Citizens. This resolution calls us to express concern for our nation's history of voter suppression from the Jim Crow era to the current climate of restrictive voter laws that create barriers to many people of color in their right to vote. This resolution calls on all part of this church to ``promote public life worthy of the name'' by speaking out as advocates and engaging in local efforts such as voter registration and supporting legislation to guarantee the right to vote to all citizens. We support the Voting Rights Advancement Act (H.R. 2978) as a key step in ensuring the voices of all citizens will be safeguarded and heard through its provisions which would help reinstate guidelines that ensure protection through oversight and combat voter suppression.--Rev. Amy Reumann, Director of Advocacy, Evangelical Lutheran Church in America
The Presbyterian Church (U.S.A.) has been a long-time advocate for voting rights. We were deeply dismayed by the actions of the Supreme Court to void Section 5 of the Voting Rights Act. This decision left many people of color vulnerable to discriminatory voting laws that have historically plagued communities of color. Voting is our right as U.S. citizens. Taking away or restricting one's ability to exercise their voice at the polls is not only immoral; it is unconstitutional. The actions of many states in passing extremely restrictive voting laws are unjust and must be addressed. As the Rev. Dr. Martin Luther King, Jr. once stated, ``injustice anywhere is a threat to justice everywhere.'' Congress must stand on the side of justice and restore the Voting Rights Act.--Rev. Jimmie R. Hawkins, Director of the Presbyterian Church (USA), Office of Public Witness
As Reform Jews, our teachings motivate our advocacy to protect voting rights and fight voter suppression. Rabbi Yitzhak taught, ``A ruler is not to be appointed unless the community is first consulted,'' (Babylonian Talmud Berochot 55a). Diminished federal voter protections and rampant voter suppression undermines the ability of all people, particularly communities of color, to participate in our democracy. It is time for Congress to restore those protections and pass the Voting Rights Advancement Act (H.R. 4/S. 561). Our faith's commitment to political participation demands that Congress pass this Shelby fix as a step towards ensuring that the whole community is represented.--Rabbi Jonah Dov Pesner, Religious Action Center of Reform Judaism
Voting is at the heart of the democratic process. It is the most fundamental access point for individuals to have a voice in the public policy decision-making process that can shape the future of our local, regional and global collective life. As people of faith, we believe every vote is a voice, and every voices counts. It is unconscionable that we are entering the 2020 election season with fewer voting rights protections than we had in 1965. This signals an erosion of our democracy that is a moral crisis. The right to vote is a national value that transcends partisanship. It goes beyond political party identification to our core values as a nation and the centrality of a citizen's free vote, not limited by the powers of money, social class and unequal access to voting. It is imperative that we pass a fix for the damage done by the Supreme Court Shelby decision by restoring voter protections.--Sandra Sorensen, Director of Washington Office, United Church of Christ (UCC)
The National Advocacy Center of the Sisters of the Good Shepherd calls on Congress to pass the Voting Rights Advancement Act. We have seen over the last six years increasing hostility to full voting rights for all Americans since the U.S. Supreme Court partially struck down the Voting Rights Act. We have seen new barriers put up to restrict the number of voters of color, suppressing the full American voice and skewing our response to important civil and human rights issues in need of our attention. As people of faith, we are called to liberate the oppressed and marginalized. Please restore the vote.--Lawrence E. Couch, Director, National Advocacy Center of the Sisters of the Good Shepherd
It is clearer than ever today that democracy is a process, not a static state. Democracy requires care, investment, and vigilance to ensure all voices are represented. The shameful history of racism in U.S. voting systems is not over, and new approaches designed to restrict certain communities' access to a free and fair vote cannot be tolerated. The federal government must act now to reinstate and expand protections of voting rights for all people.--Joyce Ajlouny, General Secretary, American Friends Service Committee
The right to vote without any impediments or obstructions is one of the most basic privileges of our democracy belonging to all age-eligible American citizens regardless of race, religion, or gender orientation. I call upon our Senate and House to protect this sacred right which is critical for the defense of all our other rights and privileges.--Rev. Dr. Jeffrey Haggray, American Baptist Home Mission Societies
American Baptist Churches, USA have officially advocated for voter rights for many decades and we continue ``. . . to declare the right to vote to be a basic human right, and support programs and measures to assure this right. The right of citizenship in a nation, to participate in the political process, to form political parties, to have a voice in decisions made in the political arena are basic undeniable human rights. The Bible teaches us that all humanity is created in God's image and that we are all valuable in God's sight.''--Dr. C. Jeff Woods, Acting General Secretary, American Baptist Churches, USA
We are the church, the body of Christ in this world, at this time. We need to stop the racist suppression of the votes of people of color. Denying people their right to vote is counter to the will of God. This is especially true when rich and powerful interests seek to deny people who have been historically marginalized from shaping our society. We need to change our policies and our laws to make voting a concrete reality for all of God's children.--Rev. Ms. Paula Clayton Dempsey, Executive Minister, Alliance of Baptists
People have a right and a duty to participate in society, seeking together the common good and wellbeing of all persons, especially the poor and vulnerable. Voter suppression laws strike at this tenet of Catholic Social Teaching by denying that right to those who are disproportionately poor, especially African American, Native American and Hispanic American communities. As faithful citizens of every faith and humanitarian tradition, we affirm our common responsibility to promote the dignity of every person and to work for justice and the common good. That can only happen if we are all afforded the basic right to vote and to participate fully in our democratic process.--Scott Wright, Director, Columban Center for Advocacy and Outreach
As Unitarian Universalists, our 5th Principle affirms ``the right of conscience and the use of the democratic process within our congregations and in society at large''. Therefore, we advocate for restoration of full protections under the Voting Rights Act. When our democracy is in peril, so too are our civil rights. Racial discrimination and voter suppression are on the rise--an unacceptable circumstance to freedom-loving citizens of the United States and one that our faith calls us to confront. The pernicious impacts of Shelby County v. Holder must be halted and reversed.
As the leader of a faith-based education, witness and advocacy organization, I know that issues like poverty, immigration, climate change, and rising inequity in our society cannot improve unless we defend the basic tenets of our democracy. Our democracy works best when everyone can fully participate. Congress should strive to make our elections more free, more fair and more accessible. The more Americans who participate in our elections, the better our democracy reflects who we are as a country and the better we can meet the complex challenges of our times.--(Pablo) Pavel DeJesus, Executive Director, Unitarian Universalists for Social Justice (UUSJ). ____ Lawyers' Committee for Civil Rights Under Law, December 3, 2019. Re Recommended Vote in Favor of H.R. 4, the Voting Rights Advancement Act.
Dear Members of the U.S. House of Representatives: On behalf of the Lawyers' Committee for Civil Rights Under Law, a nonpartisan civil rights organization formed at the request of President Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and securing equal justice under law, I am writing to urge you to vote in favor of H.R. 4, the Voting Rights Advancement Act (VRAA). We oppose any Motion to Recommit (MTR).
The VRAA would restore the Section 5 preclearance process that was struck down by the Supreme Court in the 2013 Shelby County v. Holder decision by creating a new formula for coverage that ensures that only states and jurisdictions with a recent history of voting discrimination or use of voter suppression practices would be subject to review prior to implementing new voting laws or procedures.
Prior to Shelby, covered jurisdictions had to provide notice to the federal government--which meant notice to the public--before they could implement changes in their voting practices or procedures. Such notice is of paramount importance, because the ways that the voting rights of minority citizens are jeopardized are often subtle. They range from the consolidation of polling places so as to make it less convenient for minority voters to vote, to the curtailing of early voting hours that makes it more difficult for hourly-wage earners to vote, to the disproportionate purging of minority voters from voting lists under the pretext of ``list maintenance.''
In the more than six years since the Shelby decision, the floodgates to voting discrimination have been swung open, threating the voting rights of millions of Americans. The gutting of the core protection of the Voting Rights Act did not simply harm African Americans and other people of color, it challenged the very foundation of our democracy and our decades-long march towards equality. Voting is the right that is ``preservative of all rights,'' because it empowers people to elect candidates of their choice, who will then govern and legislate to advance other rights. But, voting rights have always been contested in this country, with gains in turnout and representation by people of color often met with an inevitable backlash that sought to reduce their electoral power.
The passage of the Voting Rights Act in 1965 marked a turning point in our nation, when the promise of equal justice and democracy in our Constitution was made real for people of color for the first time in our history. Since that time, overwhelming bipartisan majorities in Congress have reauthorized the Voting Rights Act several times, each time amassing a significant congressional record of the current threats to the franchise and implementing changes to ensure the ongoing efficacy of the Voting Rights Act. Now, we ask you to take the mantle from your predecessors and restore the full protections of the Voting Rights Act by passing H.R. 4, the VRAA.
Thank you for your leadership in protecting the fundamental right to vote and our democracy by voting for H.R. 4, the VRAA, and by opposing any Motion to Recommit. Sincerely, Kristen Clarke, President & Executive Director. ____ The Leadership Conference on Civil and Human Rights, Washington, DC, December 4, 2019. Support H.R. 4, Voting Rights Advancement Act
Dear Representative: On behalf of The Leadership Conference on Civil and Human Rights, a coalition of more than 200 national organizations committed to promoting and protecting the civil and human rights of all persons in the United States, and the 68 undersigned organizations, we write in strong support of H.R. 4, the Voting Rights Advancement Act. We oppose any Motion to Recommit.
The Voting Rights Act of 1965 (VRA) is one of the most successful civil rights laws ever enacted. Congress passed the VRA in direct response to evidence of significant and pervasive discrimination across the country, including the use of literacy tests, poll taxes, intimidation, threats, and violence. By outlawing the tests and devices that prevented people of color from voting, the VRA and its prophylactic preclearance formula put teeth into the 15th Amendment's guarantee that no citizen can be denied the right to vote because of the color of their skin.
H.R. 4 has received vocal and vigorous support from the civil rights community because it responds to the urgent need to stop the abuses by state and local governments in the aftermath of the Supreme Court's infamous 2013 decision in Shelby County v. Holder, when five justices of the Supreme Court invalidated the VRA's preclearance provision. In its decision, the Court stated: ``Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.''
Since Shelby County, discriminatory policies have proliferated nationwide and continued in areas formerly covered by the preclearance requirement. In states, counties, and cities across the country, public officials have pushed through laws and policies designed to make it harder for many communities to vote. While we have celebrated successful legal challenges to discriminatory voter ID laws in Texas and North Carolina, such victories occurred only after elections in those states were tainted by discrimination. Lost votes cannot be reclaimed and discriminatory elections cannot be undone.
But voter suppression is not merely the province of those states with a long history of discrimination. Pernicious practices such as voter purging and restrictive identification requirements--which disproportionately affect voters of color--occur in states throughout the nation. Although progress has been made, some elected leaders in this country are still working to silence people who were historically denied access to the ballot box.
During the 116th Congress, the U.S. House Committee on the Judiciary held extensive hearings and found significant evidence that barriers to voter participation remain for people of color and language-minority voters in African- American, Asian American, Latinx, and Native American communities. The hearings examined the History and Enforcement of the Voting Rights Act of 1965 (March 12, 2019), Enforcement of the Voting Rights Act in the State of Texas (May 3, 2019), Continuing Challenges to the Voting Rights Act Since Shelby County v. Holder (June 25, 2019), Discriminatory Barriers to Voting (September 5, 2019), Evidence of Current and Ongoing Voting Discrimination (September 10, 2019), Congressional Authority to Protect Voting Rights After Shelby County v. Holder (September 24, 2019), and Legislative Proposals to Strengthen the Voting Rights Act (October 17, 2019). The Committee on House Administration also conducted numerous hearings and amassed significant evidence of voter suppression during the 116th Congress.
H.R. 4 restores and modernizes the Voting Rights Act by:
Creating a new coverage formula that hinges on a finding of repeated voting rights violations in the preceding 25 years.
Significantly, the 25-year period is measured on a rolling basis to keep up with ``current conditions,'' so only states and political subdivisions that have a recent record of racial discrimination in voting are covered.
States and political subdivisions that qualify for preclearance will be covered for a period of 10 years, but if they establish a clean record during that time period, they can be extracted from coverage.
Establishing ``practice-based preclearance,'' a targeted process for reviewing voting changes in jurisdictions nationwide focused on measures that have historically been used to discriminate against voters of color. The process for reviewing changes in voting is limited to a set of practices, including:
Changes to the methods of elections (to or from at-large elections) in areas that are racially, ethnically, or linguistically diverse;
Reductions in language assistance;
Annexations changing jurisdictional boundaries in areas that are racially, ethnically, or linguistically diverse;
Redistricting in areas that are racially, ethnically, or linguistically diverse;
Reducing, consolidating, or relocating polling locations in areas that are racially, ethnically, or linguistically diverse; and
Changes in documentation or requirements to vote or register.
H.R. 4 also:
Allows a federal court to order states or jurisdictions to be covered for results-based violations, where the effect of a particular voting measure is racial discrimination in voting and denying citizens their right to vote;
Increases transparency by requiring reasonable public notice for voting changes;
Allows the attorney general authority to request the presence of federal observers anywhere in the country where there is a serious threat of racial discrimination in voting; and
Revises and tailors the preliminary injunction standard for voting rights actions to recognize that there will be cases where there is a need for immediate preliminary relief.
For over half a century, protecting citizens from racial discrimination in voting has been bipartisan work. The VRA was passed with leadership from both the Republican and Democratic parties, and the reauthorizations of the enforcement provisions were signed into law each time by Republican presidents: President Nixon in 1970, President Ford in 1975, President Reagan in 1982, and President Bush in 2006.
Voting must transcend partisanship. No matter what policy issues we care most about, we get closer to these goals through the ballot box. The integrity of our democracy depends on ensuring that every eligible voter can participate in the electoral process. Passing H.R. 4 would be a giant step toward restoring the right to vote and undoing the damage done by the Supreme Court's Shelby County decision. During the civil rights movement, brave Americans gave their lives for the right to vote, and we cannot allow their legacy and the protections they fought for to unravel. We urge Congress to pass this historic legislation. Sincerely,
The Leadership Conference on Civil and Human Rights; Advancement Project; American Federation of Labor and Congress of Industrial Organizations, African American Ministers In Action; American Association of University Women; American Civil Liberties Union; American Federation of State, County and Municipal Employees (AFSCME); American Federation of Teachers; Andrew Goodman Foundation; Anti- Defamation League; Arab American Institute; Asian Americans Advancing Justice--AAJC; Autistic Self Advocacy Network; Bend the Arc: Jewish Action; Blue Future; Brennan Center for Justice at NYU School of Law; Campaign Legal Center.
Connecticut Citizen Action Group; Clean Elections Texas; Communications Workers of America (CWA); Congregation of Our Lady of Charity ofthe Good Shepherd, U.S. Provinces; Democracy 21; Democracy Initiative; Demos; End Citizens United Action Fund; FairVote Action; Fix Democracy First; Franciscan Action Network; Generation Progress; Greenpeace USA; Human Rights Campaign; Our Own Voice: National Black Women's Reproductive Justice Agenda; International Union, United Automobile Aerospace and Agricultural Implement Workers of America, (UAW).
Jewish Council for Public Affairs; Lawyers' Committee for Civil Rights Under Law; Leadership Conference of Women Religious; League of Conservation Voters Education Fund; League of Women Voters of the United States; Main Street Alliance; Mexican American Legal Defense and Educational Fund (MALDEF); National Association for the Advancement of Colored People (NAACP); NAACP Legal Defense and Educational Fund, Inc.; NALEO Educational Fund; National Action Network; National Advocacy Center of the Sisters of the Good Shepherd; National Council of Jewish Women; National Disability Rights Network (NDRN); National Education Association.
National Urban League; Native American Rights Fund; NETWORK Lobby for Catholic Social Justice; New American Leaders Action Fund; People Demanding Action; People For the American Way; Planned Parenthood Federation of America; Progressive Turnout Project; Public Citizen; Religious Action Center of Reform Judaism; Service Employees International Union (SEIU); Sierra Club; Southern Poverty Law Center Action Fund; Stand Up America; Texas Progressive Action Network; UnidosUS; Union for Reform Judaism; United Church of Christ, Justice and Witness Ministries; Voices for Progress; YWCA USA. ____ MALDEF, December 4, 2019. Re MALDEF Urges Support of the Voting Rights Advancement Act of 2019, H.R. 4. House of Representatives, Washington, DC.
Dear Representative: There is no right more fundamental to our democracy than the right to vote, and for Latino voters and other voters of color, that right is in danger. Following the 2013 Shelby County v. Holder decision, which effectively ended preclearance review under Section 5 of the Voting Rights Act of 1965 (VRA), states and localities moved to implement discriminatory voting practices that would previously have been blocked by the VRA. What we have seen post-Shelby County confirms what we have long-known--that voter discrimination lives on. Congress must act to restore the preclearance coverage formula in the VRA, legislation that has long-enjoyed bipartisan support. MALDEF (Mexican American Legal Defense and Educational Fund), the nation's leading Latino legal civil rights organization, urges you to support the Voting Rights Advancement Act (VRAA) of 2019, H.R. 4, to reenact safeguards to protect minority voters from discriminatory voting laws.
The VRA is regarded as one of the most important and effective pieces of civil rights legislation due to its ability to protect voters of color from discriminatory voting practices before they take place. Since its founding, MALDEF has focused on securing equal voting rights for Latinos, and promoting increased civic engagement and participation within the Latino community, as among its top priorities. MALDEF played a significant role in securing the full protection of the VRA for the Latino community through the 1975 congressional reauthorization of the VRA. Over its now 51-year history, MALDEF has litigated numerous cases under section 2, section 5, and section 203 of the VRA, challenging at-large systems, discriminatory redistricting, ballot access barriers, undue voter registration restrictions, and failure to provide bilingual materials. As the growth of the Latino population expands, our work in voting rights increases as well.
Section 5 of the VRA required states with a history of discrimination in voting to seek pre-approval of voting- related changes from the U.S. Department of Justice or a three-judge panel in Washington, DC. A voting-related change that would have left minority voters worse off than before the change would be blocked. The states and political subdivisions that were required to submit voting-related changes for preclearance were determined by a coverage formula in section 4 of the VRA. The preclearance scheme--an efficient and effective form of alternative dispute resolution--prevented the implementation of voting-related changes that would have denied voters of color a voice in our elections, and it deterred many more restrictions from ever being conceived. The Supreme Court in Shelby County--struck down section 4 and called on Congress to enact a new formula better tailored to current history. As a result, currently, states or political subdivisions are no longer required to seek preclearance unless ordered by a federal court.
However, Chief Justice Roberts recognized in the majority opinion in Shelby County that, ``voting discrimination still exists; no one doubts that.'' Across the U.S., racial, ethnic, and language-minority communities are rapidly growing--the country's total population is projected to become majority minority by 2044. Many officials in states and local jurisdictions fear losing political power, and the rapid growth of communities of color is often seen as a threat to existing political establishments. Fear provokes those in positions of power to implement changes to dilute the voting power of the perceived threatening minority community. Unfortunately, now that states and local jurisdictions are not required to submit voting-related changes for review, there is no longer a well-kept track record on newly implemented discriminatory practices. Nonetheless, we know, based on our litigation and analysis of voting changes, that states and local jurisdictions are still using discriminatory voting tactics to suppress the political power of minority communities.
Last month, MALDEF, NALEO, and Asian Americans Advancing Justice--AAJC released a new report, Practice-Based Preclearance: Protecting Against Tactics Persistently Used to Silence Minority Communities' Votes, detailing the need for forward-looking voting rights legislation that provides protections for emerging minority populations. During the VRA's more than 50-year history, all racial and ethnic populations grew, but the growth of communities of color significantly outpaced nonHispanic whites. While there are states and localities where communities of color have traditionally resided in larger numbers, growing communities of historically underrepresented voters are now emerging in new parts of the U.S. Between 2007 and 2014, five of the ten U.S. counties that experienced the most rapid rates of Latino population growth were in North Dakota or South Dakota, two states whose overall Latino populations still account for less than ten percent of their residents and are dwarfed by Latino communities in states like New Mexico, Texas, and California. It is precisely this rapid growth of different racial or ethnic populations that results in the perception that emerging communities of color are a threat to those in political power.
H.R. 4 includes important protections for these emerging populations in the form of practice-based preclearance, or ``known-practices'' coverage. Known-practices coverage would focus administrative or judicial review narrowly on suspect practices that are most likely to be tainted by discriminatory intent or to have discriminatory effects, as demonstrated by a broad historical record. This coverage would extend to any jurisdiction in the U.S. that is home to a racially, ethnically, and/or linguistically diverse population and that seeks to adopt a covered practice, despite that practice's known likelihood of being discriminatory when used in a diverse population. The known practices that would be required to be pre-approved before adopted in a diverse state or political subdivision include: 1) changes in method of election to add or replace a single- member district with an at-large seat to a governing body, 2) certain redistricting plans where there is significant minority population growth in the previous decade, 3) annexations or deannexations that would significantly alter the composition of the jurisdiction's electorate, 4) certain identification and proof of citizenship requirements, 5) certain polling place closures and realignments, and 6) the withdrawal of multilingual materials and assistance when not matched by the reduction of those services in English. The Practice-Based Preclearance report looked at these different types of changes and found, based on two separate analyses of voting discrimination, that these known practices occur with great frequency in the modern era.
Congress must protect access to the polls and pass the VRAA, with known-practice coverage provisions. The VRAA is a critical piece of legislation that will restore voter protections that were lost due to the Shelby County decision. We cannot allow another federal election cycle to take place without ensuring that every voter can register and cast a meaningful ballot. MALDEF urges you to stand with all voters and to vote ``yes'' on H.R. 4. Sincerely, Andrea Senteno, Regional Counsel. ____ SEIU, December 4, 2019.
Dear Representative: On behalf of two million members of the Service Employees International Union (``SEIU''), I am writing to urge you to vote in favor of H.R. 4, the Voting Rights Advancement Act (VRAA), which will proceed to the House floor for a vote on final passage this week.
Following the 2013 Supreme Court decision in Shelby v. Holder, we have seen a surge of voter suppression tactics by states and localities. These shameful tactics include the enactment of strict voter ID laws, the purge of voters from state voter rolls, and the closure of hundreds of polling places that negatively impacts the ability of people of color, immigrants, young people, and other historically marginalized groups from accessing their constitutional right to vote. In 2016 alone, 14 states passed new laws that restricted access to the ballot for hard working Americans and since then multiple federal courts found intentional racial discrimination in our elections. These unjust actions by states and localities to our electoral system must be addressed with urgency to ensure the voices of working people--Black, white & brown--are heard at the ballot box.
H.R. 4 is an essential piece of legislation that will restore critical civil rights protections for voters while providing clear and consistent voting laws for every state to ensure all eligible citizens can participate in our democracy. The VRAA responds to the wave of biased attacks on our election system since the Shelby decision by establishing a ``rolling'' nationwide trigger mechanism so that only states that have a recent record of racial discrimination in voting would be covered. Under the legislation, these states would have to submit any changes in their voting laws to be precleared before implementation. In addition, the VRAA would grant more power to the federal courts to hold accountable states or jurisdictions whose voting practices have discriminatory results. The VRAA is the dire reform of our electoral system that our nation needs in order to restore this fundamental right and make our democracy more accessible to all people.
Our democracy works best when all eligible voters, no matter their color or how much money they make, can participate in free and fair elections to make their voices heard. We need Congress to restore integrity to our election system. On behalf of our members, we are proud to support this legislation to strengthen our democracy and values as a nation. We will add votes on this legislation, including the motion to recommit, to our legislative scorecard. Sincerely, Mary Kay Henry, International President. ____ AFSCME, December 3, 2019. House of Representatives, Washington, DC.
Dear Representative: On behalf of the members of the American Federation of State, County and Municipal Employees (AFSCME), I write in support of the Voting Rights Advancement Act (VRAA, H.R. 4). The VRAA is an important first step to restoring voting rights protections and the Voting Rights Act (VRA) of 1965.
Signed into law by President Lyndon B. Johnson, the VRA of 1965 was landmark legislation necessary to secure the right to vote for every citizen. It ensured that state and local governments would not deny any American the equal right to vote based on race, color or membership in a minority language group.
The U.S. Supreme Court's 2013 ruling in Shelby County, Alabama v. Holder undermined the VRA, and eliminated the significant requirement for states and localities with a well-documented history of discrimination to ``preclear'' any new changes to voting practices and procedures. As a result, those with a history of voter disenfranchisement would no longer have to get approval from the Department of Justice or a court to show that their laws do not have a discriminatory purpose or effect. The results have been devastating and pose a significant blow to the protections provided in the VRA. In the wake of the decision, over three dozen state legislatures have enacted new onerous restrictions on voter access. These recent actions include onerous voter ID laws, restrictions on early voting, and excessive purges of voter registration lists, all of which subsequently make voting less accessible, less transparent, more difficult, and challenging for many voters.
H.R. 4 is needed to restore fairness. It establishes a new coverage formula based on repeated voting rights violations over the preceding 25 years of a state's political subdivisions. It also responds to nationwide discrimination and requires ``practice-based preclearance'' for known disenfranchisement strategies that disproportionately target communities of color.
The VRA is one of our nation's most important civil rights laws. It is central to any effort to build a representative democracy where citizens can exercise their most basic right to vote. I strongly urge you to support H.R. 4 when it comes before the House of Representatives. Sincerely, Scott Frey, Director of Federal Government of Affairs. ____ American Federation of Teachers, December 6, 2019. House of Representatives, Washington, DC.
Dear Representative: On behalf of the more than 1.7 million members of the American Federation of Teachers, I write in strong support of H.R. 4, the Voting Rights Advancement Act of 2019.
This important bill is a commonsense approach that responds to the Supreme Court's 2013 decision in Shelby County v. Holder, which struck down a long-standing key provision of the Voting Rights Act of 1965.
For nearly 50 years, the Voting Rights Act enshrined the right to free and fair elections in our country. But in 2013, the Supreme Court weakened the ``preclearance requirement'' of the Voting Rights Act, deeming it no longer justified to address the racial and geographic disparities it sought to remedy when enacted. As a result, laws restricting voting rights throughout the United States surged. In fact, an analysis by the Brennan Center for Justice found that between 2016 and 2018, counties with a history of voter discrimination purged voters from the rolls at much higher rates than other counties. This trend is a direct consequence of the Supreme Court's ruling in Shelby County v. Holder.
It is an understatement to say that the Supreme Court's decision ignored the real-life and ongoing efforts to suppress voting rights across our nation. Today, the renewed disenfranchisement tactics of old include, but are not limited to, restrictive voter ID laws, outcome-driven redistricting, limited voting hours and opportunities, and misinformation about polling places and times. And let's be clear, these tactics are all engineered to disproportionately affect the voting rights of African American, Latinx, immigrant and low-income voters, as well as students and seniors.
It is imperative that Congress take new action to ensure the efficacy of the Voting Rights Act. We do not want future generations of students to read in their history lessons that the Supreme Court in 2013 turned the clock back on decades of progress in voting rights and that that was the final word.
Passage of H.R. 4 is a critical step toward fulfilling our aspirations for a stronger democracy, where all voters can exercise their fundamental rights. The long-term damage of not doing so is unacceptable.
To this end, I encourage you to fulfill your civic duty by ensuring all Americans have their most fundamental of civil rights protected by voting YES on H.R. 4.
Thank you for considering our views on this important matter. Sincerely, Randi Weingarten, President. ____ National Council of Jewish Women, December 4, 2019. House of Representatives, Washington, DC.
Dear Representative: The National Council of Jewish Women (NCJW) urges you to vote for the Voting Rights Advancement Act (H.R. 4) when it comes to the floor this week and vote against any Motion to Recommit.
NCJW is a grassroots organization of volunteers and advocates who turn progressive ideals into action. Throughout its history, NCJW has educated and engaged our members and supporters to drive voter turnout and expand voting rights, including advocating for women's suffrage and the historic Voting Rights Act of 1965 (VRA). This work is in pursuit of tzedek, or justice--a core value of Judaism an inspiration for our advocacy. Today, we work for election laws, policies, and practices that ensure easy and equitable access and eliminate obstacles to the electoral process so that every vote counts and can be verified.
H.R. 4 would restore the Voting Rights Act to its former strength. The 2013 Shelby decision effectively ended the federal government's ability, granted by the VRA, to preclear changes to state and local election laws before they went into effect. In his decision, Chief Justice Roberts urged Congress to update the formula that determines which jurisdictions need to participate in preclearance. H.R. 4 does exactly that by creating a new coverage formula based on the preceding 25 years.
Voter suppression most harms already marginalized communities. Since Shelby, dozens of laws have passed across the country making it easier to suppress the vote. These laws disproportionately impact communities of color, minority- language speakers, low-income voters, elderly and young voters, women, and transgender individuals.
Voting is a fundamental right, protective of all other rights. Congress has the power and responsibility to ensure that every eligible person can cast a ballot by passing H.R. 4. Sincerely, Jody Rabhan, Chief Policy Officer. ____ Public Citizen, December 5, 2019.
Dear Representative: Tomorrow, the House of Representatives will vote on the Voting Rights Advancement Act of 2019 (H.R. 4). This is an historic moment to cure an historic injustice. Public Citizen strongly urges you to vote for H.R. 4.
The principle of ``one person, one vote'' is critical to our constitutional democracy--but for too much of our history it was honored in the breach. The passage of the Voting Rights Act of 1965 (VRA) is one of the proudest moments in American history, as it affirmed this principle and corrected the shameful denial and suppression of votes to African Americans and other people of color.
Shamefully, however, the U.S. Supreme Court in Shelby County v. Holder stripped away Section 5 of the VRA, a cornerstone of the law's protections. Since the Shelby ruling, 23 states have enacted laws that disenfranchise individuals and groups by restricting their ability to vote. These sorts of repressive voter suppression tactics are precisely the sort of draconian, discriminatory measures the VRA was enacted to prevent.
It is essential that H.R. 4 be enacted into law to repair the damage done by the Shelby decision. This legislation would modernize the VRA and restore protections necessary to prevent racial voter discrimination, voter purges and voter suppression.
The heroes of the civil rights movement fought for the VRA's original passage in 1965 amidst harsh Jim Crow-era disenfranchisement laws and in the face of violent opposition. It is utterly unconscionable that our nation has backtracked on the voting rights progress achieved after passage of the Voting Rights Act. Our country is better than this.
Public Citizen urges in the strongest terms that you to vote in favor of H.R. 4 and oppose any efforts that could weaken or undermine the legislation. Sincerely, Robert Weissman, President.
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