[Senate Hearing 118-519]
[From the U.S. Government Publishing Office]






                                 ______



                                                        S. Hrg. 118-519
 
                           MODERN-DAY VOTING
                       DISCRIMINATION IN ALABAMA

=======================================================================

                                HEARING

                               before the

                    SUBCOMMITTEE ON THE CONSTITUTION

                                 OF THE

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION

                               __________

                             MARCH 1, 2024

                               __________

                           Serial No. J-118-56

                               __________

         Printed for the use of the Committee on the Judiciary
         
         
         
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                       COMMITTEE ON THE JUDICIARY

                   RICHARD J. DURBIN, Illinois, Chair
SHELDON WHITEHOUSE, Rhode Island     LINDSEY O. GRAHAM, South Carolina, 
AMY KLOBUCHAR, Minnesota                 Ranking Member
CHRISTOPHER A. COONS, Delaware       CHARLES E. GRASSLEY, Iowa
RICHARD BLUMENTHAL, Connecticut      JOHN CORNYN, Texas
MAZIE K. HIRONO, Hawaii              MICHAEL S. LEE, Utah
CORY A. BOOKER, New Jersey           TED CRUZ, Texas
ALEX PADILLA, California             JOSH HAWLEY, Missouri
JON OSSOFF, Georgia                  TOM COTTON, Arkansas
PETER WELCH, Vermont                 JOHN KENNEDY, Louisiana
LAPHONZA BUTLER, California          THOM TILLIS, North Carolina
                                     MARSHA BLACKBURN, Tennessee
                 Joseph Zogby, Majority Staff Director
                Katherine Nikas, Minority Staff Director

                    Subcommittee on the Constitution

                   LAPHONZA BUTLER, California, Chair
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas, Ranking Member
CORY A. BOOKER, New Jersey           JOHN CORNYN, Texas
JON OSSOFF, Georgia                  MIKE LEE, Utah
                Jessica Jensen, Democratic Chief Counsel
               Nicholas Ganjei, Republican Chief Counsel
                            C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page

Butler, Hon. Laphonza............................................     1

                               WITNESSES

Sewell, Hon. Teri, U.S. Representative from Alabama..............    22

Brown, Latosha...................................................     9
    Prepared statement...........................................    26
    Responses to written questions...............................    55

Dowdy, Shalela...................................................     4
    Prepared statement...........................................    35
    Responses to written questions...............................    59

Hattix, Laurel...................................................     7
    Prepared statement...........................................    40
    Responses to written questions...............................    61


                                APPENDIX

Items submitted for the record...................................    21


                           MODERN-DAY VOTING



                       DISCRIMINATION IN ALABAMA

                              ----------                              


                         FRIDAY, MARCH 1, 2024

                      United States Senate,
                  Subcommittee on the Constitution,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Subcommittee met, pursuant to notice, at 4:02 p.m., in 
Montgomery Interpretive Center at Alabama State University, 
Montgomery, Alabama, Hon. Laphonza Butler, Chair of the 
Subcommittee, presiding.
    Present: Senator Butler [presiding].

          OPENING STATEMENT OF HON. LAPHONZA BUTLER, 
          A U.S. SENATOR FROM THE STATE OF CALIFORNIA

    Chair Butler. The Subcommittee on the Constitution hearing 
will come to order. Today, the Senate Judiciary Subcommittee on 
the Constitution is holding its first hearing of the year on 
protecting the right to vote at the Montgomery Interpretive 
Center on the campus of the historic Alabama State University.
    This center exists to memorialize the people, events, and 
the literal path of the 1965 Selma to Montgomery Marches. When 
the late great Congressman John Lewis and hundreds of foot 
soldiers in this State marched to secure voting rights for 
African Americans nationwide.
    Our country is forever indebted to the sacrifice of the 
Alabamians and allies from around the country who put their 
lives on the line to ensure that all Americans, regardless of 
their race, could access the ballot and have their voices heard 
in our democracy.
    The Selma to Montgomery marches, moved this body to action, 
and later that summer, Congress passed the Voting Rights Act of 
1965. Though we have come a long way since 1965, we 
unfortunately still have a long way to go.
    In 2013, the Supreme Court of the United States gutted the 
meaningful enforcement of the Voting Rights Act in Shelby 
County v. Holder. It eliminated necessary Federal protections 
for voters of color in jurisdictions with a history of voter 
discrimination places like Alabama.
    The Court moved to weaken, the Voting Rights Act again in 
2021 with its decision, in Brnovich v. The DNC, which made it 
harder for Plaintiffs to prove that restrictive voting laws are 
racially discriminatory by adopting guideposts that contradict 
the text of the VRA and the intent of Congress.
    I've called this field hearing today, this historic weekend 
to discuss the modern-day voting discrimination, that has not 
just continued but evolved and accelerated since the 2013 Court 
decision. In 2024, nearly 60 years after bloody Sunday, we know 
that though some things have changed in America, discrimination 
against voters of color is not one of them.
    The testimony we'll hear today will demonstrate and make 
plain that Congress needs to pass the John R. Lewis Voting 
Rights Advancement Act and the Freedom to Vote Act to restore 
the original protections of the Voting Rights Act, but to also 
undo the damage done by the Supreme Court, and protect the 
franchise of voters of color as soon as possible.
    Those State lawmakers and election officials may no longer 
make voters of color count the number of jellybeans in a jar, 
or the number of bubbles on a bar of soap. We know they 
continue to draw racially discriminatory congressional 
districts in a way that prevents voters of color from electing 
the candidates of their choice.
    We need only to look at the Alabama State Capitol, just a 
short walk away from where we sit today, and the State 
legislatures attempt to defy the Supreme Court's order in Allen 
v. Mulligan last summer, to draw an additional Black 
congressional district to understand that some things just 
haven't changed. majority
    And while Black voters in Alabama may now be able to cast 
their ballots in local elections, all one has to do is to look 
at the City Council of Newbern, Alabama and their refusal to 
seat Mayor Patrick Braxton to realize that though voting 
discrimination in 2024 may look different than it did in 1965, 
discrimination remains.
    The degradation of our democracy that began with the 
Supreme Court's 2013 decision in Shelby County and has 
noticeably accelerated since 2020 should be a shock to the 
conscience of all Americans regardless of race.
    That's why yesterday I stood with my colleagues for the 
formal reintroduction of the Senate version of the John R. 
Lewis Voting Rights Advancement Act, which would reverse the 
damage caused by the Supreme Court's decisions in Shelby County 
and Brnovich and provide additional Federal protections for 
voters of color across the country.
    As Justice Ruth Bader Ginsburg wrote in her dissent in 
Shelby County, ``throwing out pre-clearance when it has worked 
and is continuing to work to stop discriminatory changes. It's 
like throwing away an umbrella in a rainstorm because you're 
not getting wet.'' Since she wrote those words, voters and 
jurisdictions that were previously subject to Federal pre-
clearance have faced a torrential downpour of voter 
suppression.
    Now, let me be clear, I'm not here and we are not here to 
single out Alabama or any other southern State exclusively for 
voting discrimination. Even my own State of California had 
three counties whose election changes were subject to Federal 
pre-clearance due to their own history of discrimination before 
2013.
    In fact, Alabama is not the only State that has been forced 
by Federal Courts to redraw their congressional maps in the 
last year. Earlier this year, Louisiana was similarly forced to 
redraw its congressional district maps. After the Fifth Circuit 
Court of Appeals, which was one of the most conservative 
appellate circuit Courts in the country, ruled that those maps 
likely violated the Voting Rights Act by discriminating against 
Black voters.
    Louisiana like Alabama, ultimately adopted a map that 
granted Black voters an additional majority minority 
congressional district, ensuring that voters of color will be 
able to elect candidates who share their political beliefs and 
best serve their interest.
    Louisiana and Alabama's recent redistricting woes largely 
illustrate the need for Federal pre-clearance. Before 2013, 
both Louisiana and Alabama would have had to submit their maps 
for pre-clearance, likely preventing voters of color in those 
States from having to sue to achieve proper representation in 
Congress.
    As we'll hear today, these lawsuits often take several 
years and an overwhelming amount of resources to litigate. 
Though voters of color in Louisiana and Alabama will have 
adequate representation soon. They've also had to sit through 
nearly a full term of Congress without equal representation in 
the U.S. House of Representatives.
    And it's not just redistricting, in 2023 alone State 
legislators throughout the country introduced more than 354 
bills with provisions that make it harder for people, 
particularly people of color to vote. Fourteen States went on 
to enact 17 restrictive voting bills and that was just last 
year.
    And since 2020, State legislators have enacted nearly 400 
bills that make it significantly harder for Americans to vote. 
That is not only unacceptable. It illustrates why the key 
protections and enforcement of the Voting Rights Act must be 
restored to ensure that voters of color all across our great 
nation are able to access the ballot and have the power to 
elect officials who will speak for and legislate for them.
    Thank you all for attending this Subcommittee's field 
hearing today, where the weather is that torrential downpour. 
And I am excited for us to begin hearing our first panel of 
witnesses.
    I'll introduce our panel, and I'll talk about how our 
hearing will proceed forward even as our guests continue to 
join us. First on this panel, I want to welcome Major Shalela 
Dowdy, who serves as the founding president of Standup Mobile, 
a nonprofit organization that does work centered around voter 
engagement in Mobile County, Alabama, and as vice president of 
the Mobile NAACP.
    She is also a plaintiff in the Alabama redistricting case, 
Allen v. Milligan, where the Supreme Court ruled that the 
State's congressional maps likely violated the Voting Rights 
Act. Major Dowdy earned her bachelor's degree from the United 
States Military Academy at West Point, served 6 years in the 
United States Army on active duty and is currently in the Army 
Reserve where she holds the rank of Major.
    Next, I'd like to welcome Laurel Hattix, who serves as 
staff attorney for the ACLU of Alabama. Laurel has served as 
part of the litigation teams challenging Alabama's 
redistricting maps in Allen v. Milligan and previously served 
as a fellow at the Equal Justice Initiative.
    She served as a judicial law clerk on the U.S. District 
Court for the Eastern District of Michigan. Earned her JD from 
the University of Chicago Law School and her bachelor's from 
Vanderbilt University.
    Last on our first panel, I'd like to welcome LaTosha Brown, 
the co-founder of the Black Voters Fund, a power building, 
southern based civic engagement organization. Ms. Brown is an 
award-winning organizer with over 20 years of experience 
working in the nonprofit and philanthropy sectors, on a wide 
variety of issues related to political empowerment, social 
justice, economic development, leadership development, wealth 
creation, and civil rights.
    Welcome to our panelists. Before we move forward, I'd like 
to lay out the mechanics for today's hearing. After we swear in 
our first panel of witnesses, each of them will have 5 minutes 
to provide their opening statements.
    After their opening statements, we'll move to the next 
portion of the hearing while I'll have the opportunity to ask 
questions. Following that, we'll move to our second panel where 
the witness will be given an opportunity for opening statement. 
We are live streaming today's hearing. So, if you brought your 
cell phones, we love for you to remember to silence them and 
remain as quiet as possible so that we can preserve the 
Congressional Record.
    I'll now ask our witnesses to stand and raise their right 
hand.
    [Witnesses are sworn in.]
    Chair Butler. Let the record reflect a response in the 
affirmative. Thank you all. Major Dowdy, you can proceed with 
your opening statement.

 STATEMENT OF SHALELA DOWDY, VICE PRESIDENT OF MOBILE ALABAMA 
      NAACP, PRESIDENT OF STANDUP MOBILE, MOBILE, ALABAMA

    Major Dowdy. Chair Butler, Ranking Member Cruz and other 
distinguished Committee Members, thank you for the opportunity 
to submit this testimony concerning my experiences with racial 
discrimination in voting in Alabama over the past decade. I'm a 
major in the United States Army Reserves and graduate of the 
United States Military Academy at West Point, second Vice 
President of the Alabama NAACP.
    And we and the founding president of Stand Mobile, where we 
believe that is important for all people to have their voices 
heard, especially those who are too often excluded from the 
political, economic, and social institutions that help shape 
their lives.
    I submit this testimony as an organizer who is passionate 
about voting rights and fair access to the ballot. This work 
led me to become a plaintiff in the ongoing historic voting 
rights case, Allen v. Milligan, where alongside my co-
plaintiffs, we fought against Alabama's racially discriminatory 
2021 congressional map and the 2022 congressional map.
    Both maps passed by the legislature in response of the U.S. 
Supreme Court affirming that the 2021 map likely violated 
Section 2 of the Voting Rights Act, failed to provide Black 
Alabamians a fair and equal opportunity to elect their 
preferred candidate. And instead, unfairly prioritize the needs 
of White Alabamians and limited Black voters to have any true 
influence by giving us basically only one out of the seven 
Alabama congressional Districts.
    Alabama's elected officials and those in positions of power 
have a continuous history of unfairly minimizing the voting 
power of Black people and enacting voting restrictions that 
make it disproportionately more difficult to vote and have 
their votes counted.
    This pattern continued during the redistricting cycle, 
after the 2020 census. Alabama's Reapportionment Committee was 
tasked with drawing new congressional State House, State 
Senate, and State school board maps.
    The Committee held over 20 public hearings around the 
State, both in person and virtually. I attended the hearing in 
Mobile in person and virtually attended a number of additional 
hearings held around the State. At hearing after hearing, Black 
voters urged the Committee to stop unfairly limiting the voting 
power of Black Alabamians and to draw two districts in which 
Black voters could have a real chance at electing their 
candidate of choice.
    The Reapportionment Committee ignored these voices. It 
rushed through its process in a matter of a few days, and with 
limited chance for public input and once again, produced the 
map that unfairly limited Black voting power to one 
congressional district. It did so by continuing to crack the 
Black Belt region into four districts, splitting Montgomery 
County and failing to unite communities of interest in my 
hometown of Mobile with those of the Black Belt.
    The Committee also failed to allow citizens the opportunity 
to provide public commentary on the maps the Committee 
produced. The Committee also did not allow the Black elected 
officials adequate time to review and provide input in the 
creation of the maps.
    The actions of the Reapportionment Committee showed a lack 
of responsiveness to Black Alabamians. In January 2022, the 
three judge court panel agreed with me and the other Milligan 
Plaintiffs, that Alabama's 2021 congressional map likely, 
unfairly diluted the voting power of Black Alabamians in 
violation of Section 2 of the Voting Rights Act, as it provides 
Black voters less opportunity than other Alabamians to elect 
candidates of their choice to Congress.
    The court decided that the appropriate remedy is a 
congressional redistricting plan that included either an 
additional majority Black congressional district or an 
additional district in which Black voters otherwise have the 
opportunity to elect a representative of their choice, but told 
the legislature to be mindful of the practical reality based on 
the ample evidence of intensely racially polarized voting 
adduced during the preliminary injunction proceedings. That any 
remedial plan would need to include two districts in which 
Black voters either comprise a voting age majority or something 
quite close to it.
    After putting the decision on hold, the Supreme Court 
ultimately agreed that the congressional map violated Section 2 
of the Voting Rights Act. Given this decision, the three-judge 
court allowed the Alabama legislature to reconvene and produce 
a congressional map with a second congressional district in 
which Black voters would have a fair opportunity to elect a 
candidate of their choice.
    The legislature chose to defy what was ordered by the 
highest Court in our Nation. The Committee once again produced 
a map that was not fair and equitable, and in the summer of 
2023 did not produce its proposed map in time to allow public 
commentary on the map.
    The 2023 map consisted of congressional District 2 having a 
Black voting age population of under 40 percent, which the 
State itself admitted was not one in which Black voters would 
have been able to elect their preferred candidate in any of the 
past elections that they studied.
    The words of the Alabama Court--the words of the court to 
Alabama were blunt and unmistakably and calling out Alabama's 
blatantly and purposeful failure to fix the racially 
discriminatory map.
    The court states that it was deeply troubled that the State 
enacted in the map, that the State readily admits that it does 
not provide the remedy that the Federal court requires, and 
that it was disturbed by the evidence that the State delayed 
remedial proceedings.
    This time the court echoed the voice of the Black 
Alabamians in explaining that it could not help but find that 
the circumstances surrounding the enactment of the 2023 plan 
reflected a significant lack of responsiveness on the part of 
elected officials to the needs of Black voters in Alabama.
    The court noted that the legislature's purposeful decision 
not to create an additional opportunity district was strong 
evidence that it was unwilling to respond to the well-
documented needs of Black Alabamians.
    Alabama chose to defy the order and the opinions of both 
the lower court and the U.S. Supreme Court, which revealed its 
dismissive attitude toward the requirements of Federal law and 
to an effort to stop its decade long pattern of excluding Black 
Alabamians from exercising their full and fair measures of 
political power.
    The legislative branch makes the law, but we have the 
judicial branch in place to expertly interpret the law. 
Choosing to defy the courts resulted in a court order map being 
produced that cost Alabama taxpayers over $500,000, not to 
mention the several million dollars in attorney fees they will 
undoubtedly owe.
    This is funding that could have gone toward much needed 
Medicaid expansion, healthcare issues, education, and so much 
more. The Alabama legislature does not seem at all shamed by 
the court's rebuke and instead has doubled down this 
legislative session on another exercise of modern-day voter 
discrimination in Senate Bill 1, which has passed in the State 
Senate and it's moving through the State House.
    SB1 will criminalize average Alabamians who assist others 
with their absentee ballot or the process. By the time this 
testimony is admitted into the record, the bill will have 
likely passed in the Alabama legislature. This is a dangerous 
tactic of voter suppression that is being implemented, that 
will have a drastic negative effect on the Black voting 
populations and voters with disabilities who disproportionately 
rely on ballot assistance to navigate Alabama's burdensome and 
confusing absentee voting process.
    During the 2021 municipal elections in Mobile, Alabama, I 
had the opportunity to work in the city's absentee election 
office for 3 months. I assisted citizens who walked in to 
complete the in-person absentee ballots, due to Alabama not 
having early voting as an option.
    I had the opportunity to witness many citizens who do not 
understand Alabama's complicated absentee process, which 
requires not only a copy of their photo ID but also signatures 
by two witnesses or a notary.
    On election day, I assisted with the counting of absentee 
ballots and witnessed numerous ballots that were not counted 
because the citizens did not adequately complete the absentee 
process.
    In my experience in Mobile, these ballots and those in need 
of assistance were disproportionately Black voters. This is not 
surprising, as I know a Federal court in Alabama recently found 
that Black voters are also less likely to have access to the 
internet or a computer in their home, less likely to have 
broadband internet and less likely to have a computer, 
smartphone or tablet compared to white households.
    The same court found that 12.7 percent of Black households 
do not have a vehicle compared to 3.9 percent of White 
households, and that Black Alabamians with healthcare risks, 
face poverty at higher rates than their white high-risk 
counterparts.
    All of this fits with my experience that Black voters are 
more likely to need access to the absentee voting process, but 
Alabama law has made it more burdensome for them to use it 
compared to white voters. SB1 continues this trend.
    In closing, Congress must restore and strengthen the Voting 
Rights Act. Alabama has shown that it is shameless in 
consistently enacting discriminatory voting laws, which then 
must be challenged in court, and which can take years to play 
out and can negatively affect individuals like myself who are 
working to assist Black voters in Alabama.
    Requiring jurisdictions like Alabama, which persistently 
continues to discriminate against Black voters and other voters 
of color to seek pre-approval once again for voting changes 
would help ensure more equal access to the voting process and 
voting power will go a long way in making the State live up to 
its professed values and comply with Federal law.
    Thank you for the opportunity to testify and for being 
willing to listen to myself and the others who are testifying. 
It feels reassuring knowing that we have elected officials who 
care about what is going on out in the districts. Thank you.
    [The prepared statement of Major Dowdy appears as a 
submission for the record.]
    Chair Butler. Thank you, Major Dowdy.
    [Applause.]
    Chair Butler. Ms. Hattix, we'll actually turn to you. 
Please provide your opening statement.

          STATEMENT OF LAUREL HATTIX, STAFF ATTORNEY 
              ACLU OF ALABAMA, MONTGOMERY, ALABAMA

    Ms. Hattix. Thank you so much. Chairwoman Butler and 
Members of the Committee, thank you for the opportunity to 
testify before you today. The American Civil Liberties Union of 
Alabama was founded in 1965, the very same year that the Voting 
Rights Act was enacted.
    In my current capacity as staff attorney for the ACLU of 
Alabama, I'm part of litigation teams challenging Alabama's 
2021 State Senate redistricting maps in the case Stone v. 
Allen, and its congressional maps in Milligan v. Allen.
    Well, the Supreme Court's 2023 decision in Milligan 
demonstrates the continued importance of the ability to bring 
claims under Section 2 of the Voting Rights Act. Post enactment 
relief in the wake of Shelby County v. Holder is insufficient 
to protect voting rights.
    It is not merely the history of Alabama, which demonstrates 
the current need for greater voting rights protection, but 
current discriminatory practices which continue to keep Black 
Alabamians from full and equal participation in the social, 
economic, and political life of this State.
    During the 2020 general election, in some Alabama counties, 
white voter registration outpaced Black voter registration by 
double digits. In Elmore County, there was a 16.2 percentage 
point gap between White voter registration and Black voter 
registration.
    These statistics are not mere accidents. They're the result 
of intentional policies implemented to disenfranchise Black 
voters. In 2014, after Alabama was no longer subject to Section 
5 Pre-Clearance, the State implemented strict voter ID laws 
that required voters to show a limited number of State issue 
voter IDs to vote.
    Simultaneously, the State of Alabama proposed the closure 
of over 30 driver's license offices around the State, which 
would provide these IDs. In 2016, a Federal investigation 
determined that the office closures would disproportionately 
impact Black residents in violation of the Civil Rights Act.
    Intimidation, suppression, and disenfranchisement are not 
merely problems faced by Black voters, but also Black public 
officials. In 2020, Patrick Braxton became Newbern, Alabama's 
first Black mayor.
    However, when Mayor Braxton attempted to execute his duties 
as the town mayor, former members of the prior majority white 
council reappointed themselves and declared the previous White 
incumbent who had not even qualified to run as mayor, as the 
new mayor.
    Mayor Braxton remains locked out of town hall to this very 
day. The current barriers to Black Alabamians accessing the 
ballot or political office go beyond disenfranchisement, in 
fact, they go to criminalization
    Proposed Senate Bill 1 is steamrolling past public 
opposition through the Alabama Legislature. SB1 would 
criminalize individuals who provide critical assistance to 
absentee voters, particularly those who are elderly, disabled, 
or in college.
    If churches, non-partisan organizations or community 
members exchange any money or gifts when assisting somebody 
with their absentee ballot, even gas money or a sticker for 
participation, that individual could be charged with a Class B 
felony, which is punishable by up to 20 years in prison.
    In Alabama other Class B felony offenses include 
manslaughter, statutory rape, and theft of property in the 
first degree. While proponents claim this bill is necessary to 
prevent ballot harvesting, there is no widespread evidence of 
voter fraud in Alabama.
    Alabama law already strictly limits ballot return and the 
criminal penalties for violating these laws is already printed 
on absentee ballot applications. Even according to a data base 
from the Heritage Foundation, which nonpartisan independent 
researchers have called ``grossly exaggerated and devoid of 
context'' found only 20 cases of any type of election fraud 
from 2000 to 2023.
    If the 2013 decision in Shelby County had never occurred, 
Alabama would be required to submit SB1 to either the Attorney 
General or a Federal court for approval before it could be 
implemented. But without the pre-clearance requirement of the 
Voting Rights Act, Alabamians who face criminal penalties for 
promoting election participation must wait on costly, 
uncertain, and post enactment litigation to address any 
discriminatory impact of SB1, if it is passed.
    In between the filing and eventual resolution of these 
suits, the discriminatory law or practice remains in place. 
Unlike relief which can be quantified in monetary terms, there 
is no relief for the irrevocable impact of multiple election 
cycles, which may have taken place under unconstitutional 
conditions.
    This is why a new coverage formula, like the one proposed 
by the John Lewis Voting Rights Advancement Act is necessary to 
ensure that jurisdictions like Alabama that persist in enacting 
discriminatory voting laws, have review of those laws before 
they can harm voters.
    I thank you again for the opportunity to testify in front 
of this Subcommittee on these critical issues.
    [The prepared statement of Ms. Hattix appears as a 
submission for the record.]
    Chair Butler. Thank you, Ms. Hattix.
    [Applause.]
    Senator Butler. Ms. Brown, your opening testimony.

                  STATEMENT OF LATOSHA BROWN, 
           BLACK VOTERS MATTER FUND, ATLANTA, GEORGIA

    Ms. Brown. Well, the first thing I did right was the day I 
started to fight. Keep your eyes on the prize and hold on.
    [Singing.]
    I wanted to start in the spirit of why we are here and what 
has brought us here in this moment, and I want to thank you 
Chair Butler and the Subcommittee Members of the Constitution 
Subcommittee. You know, as we find ourselves in this hearing, 
we are 59, this is a historic moment--is a historic moment of 
where we are.
    Fifty-nine years later, and we are still asking the 
question, right. When will we have the democracy that we 
desire, we deserve as we sit here on this land that is holy 
land and holy ground, where people literally put their lives on 
the line to make sure that democracy was open and free for all 
of us.
    That we find ourselves, once again, 59 years later, 
literally staring at infringements upon our right of having 
free and equal access to vote. And so there has always been 
three particular ways that we've seen voter suppression and 
happen in this Nation.
    It has been one, restricting access to the ballot. Two, 
being able to weaponize the administrative process. And three, 
creating a culture of fear, chaos, and confusion. And so, part 
of what we've seen, particularly since the stripping of Section 
5 of the Voting Rights Act, we've seen those things.
    And so, there is a number of pieces that in Alabama, you 
know, immediately what we saw in 2011 right here in the State 
of Alabama that passed a voting rights--a voting ID law that 
required Alabamians to provide a form of ID and a very narrow 
list of options.
    And then in what we saw in 2015 is in the same State of 
Alabama and in the Black Belt region, which much of the voting 
rights movement took place, that there was a proposed closing 
of the DMV sites where people go to get their IDs in 
predominantly African American majority counties or that they 
had large majority counties in that area that targeted African 
American voters.
    And what we saw and what we've seen is we've actually seen 
a consistent pattern that reminds us of what we faced 60 years 
ago. We have seen--this is a moment for us that we want the 
Senate to think about. This is not a moment to turn backward. 
This is a moment to move us forward.
    And in order to do that, we've got to have the protections 
that voters literally, no matter where you are, no matter who 
you are, that you have the protections to actually have free 
and fair access to the ballot. What we've seen, and my work at 
Black Voters Matter--Black Voters Matter is a power building 
organization. We do civic engagement work in about 17 States 
around the country, primarily we're based in the South.
    And I can tell you from firsthand experience we've seen--in 
the last few years--we've seen people stand out in line and 
wait up until 12 hours to vote. We've seen spaces in which 
people--we've actually been at polling sites where the last 
person was not allowed to--did not cast their ballot until 
12:37 a.m., Wednesday morning.
    We've seen a disparity in terms of how people are voting on 
sides of town that are majority white, white boxes and voting 
areas, and then in majority Black areas. Why we ask this 
question, do we continue to see this kind of disparity?
    In addition to that, we've also seen an increase in the 
intimidation tactics at the polling sites. We've actually had 
workers from Black Voters Matter that people have pulled guns 
on. We've seen where folks have been told that they could not 
vote there because they had on a T-shirt that just had Black 
Voter's Matter or just had a message that was not necessarily 
pushing a particular candidate or a particular party.
    We've seen where people have been affected, particularly in 
rural areas about the limitations of drop boxes that we've 
seen, the elimination of drop boxes and other pieces that would 
restrict the access. And so, all that combined together, what 
we know is that there is--we have to be honest, in this 
country--there is an all-out attack on voters in this country. 
That Black voters are actually being punished for participating 
in the process.
    And as a result, what we've seen is we've seen a crop of 
new laws to come up as we're--as we sit right here in the State 
of Alabama, there's SB1 that is a law that is actually going to 
criminalize--seeks to criminalize those that help people to 
vote an absentee ballot, throughout in the State.
    In addition to that, what we saw is SB202 that immediately 
at the election in Georgia, what we saw is the passage of 
SB202, which has had a tremendous impact. You know, we know 
that it is that in itself, it has created a gap and a turnout 
that we've seen just immediately the impacts of that, that in 
fact, the racial disparities in the voter turnout in Georgia 
during the 2022 midterm elections, not only it persisted, but 
it was significantly became worse.
    That what we see is that in Georgia is significantly 
greater than the 8.3 percentage points before it passed, and 
that 62.2 percent to 53.9 percent in the previous midterm 
election, the disparity between Black and white voter turnout 
in Georgia and 2022 is actually higher than it has been in a 
general election in over a decade.
    And so, are these tactics working? Are they effective? They 
have been effective, in ensuring and targeting Black voters and 
impacting our access, our free and fair access to the ballot. 
And so, we want to implore the Senate to continue to hold field 
hearings while we are on the backdrop of Alabama.
    This is not just happening in Alabama. This is a nationwide 
problem. And we have to understand that how serious the nature 
of, how it weakens the democracy when people don't have free 
and fair access to the ballot. And so, we want to implore the 
Senate and Members of the Senate to take these findings and 
continue to build the record that we have to have field 
hearings, not one or two or three. We need to have field 
hearings to the intensity and to the scale in which this is 
happening to our communities.
    Secondly, we want to ask the Senate that we think that 
there should be a carve out with the filibuster, so that we can 
actually get this, that the filibuster cannot be an excuse to 
be able to get--not be able to get the Voting Rights Act 
passed. That in the John Lewis Voting Rights Act, as well as 
the Freedom to Vote Act.
    And then the third piece is that we need to make sure that 
as we are, that we are going to be true to the principles of 
this Nation. If we're saying that all men are created equal and 
endowed by their creator, then we have to ensure that, that 
this is a moment in time that we are actually being called to 
our highest and our best selves.
    And we're going to ask that the Senate also hold itself at 
that standard, that what you have sworn to uphold, the 
Constitution, that in fact you will do that by making sure that 
every single American in this country, that their rights are 
not infringed because of who they are, the color of their skin, 
or where they live. Thank you so much.
    [The prepared statement of Ms. Brown appears as a 
submission for the record.]
    Chair Butler. Thank you, Ms. Brown.
    [Applause.]
    Chair Butler. Major Dowdy, I appreciate your patience with 
me in pronouncing your name. You would think that somebody with 
a P and a Z in a name----
    Major Dowdy. I understand----
    Chair Butler [continuing]. Would get it right. Shalela----
    Major Dowdy. Mm-hmm.
    Chair Butler. Shalela Dowdy. Major Dowdy, I'd love to start 
my questions with you. On April 21st, former Alabama Secretary 
of State, John Merrill responded to a tweet, and I asked my 
staff to pull it so that we could have it for the record.
    [The information appears as a submission for the record.]
    The Alabama Secretary of State, John Merrill, responded to 
a tweet criticizing Alabama's mail ballot ID requirement that 
has been mentioned here. In his tweet, he said,``when I come to 
your house and show you how to use your printer, I can also 
teach you how to tie your shoes and to tie your tie. I can also 
go with you to Walmart or Kinko's and make sure you know how to 
get a copy of your ID made, when you buy cigarettes or 
alcohol." Just let that sit.
    Major Dowdy, can you--to the best you can--explain why 
expecting all Alabama voters to either have a printer or easily 
be able to access a store with a printer is not just 
ridiculous, but has a disproportionate impact on Black voters 
in Alabama?
    Major Dowdy. Yes, Senator. And so, I would say the 
statement made by a former Secretary of State, I consider it to 
be ridiculous. If I need to print something right now, well, if 
I was in Mobile in my hometown. I would have trouble contacting 
people, my friends, and families to find a printer.
    And so, I'm thinking Mobile is an urban city. So, 
individuals in the rural parts of the States, which I have 
frequent a lot recently due to our congressional race. Access 
to printers--broadband is the issue too. And so, you--most of 
the time you need Wi-Fi to print these days, the way the 
printers are set up.
    And so, I think it was inconsiderate of him to make a 
statement such as that. He was equating not having access to a 
printer to them not being intelligent. And that was insulting 
as an elected official who is a leader within our State.
    And it really goes to show how some of our elected 
officials just are not connected and aware of the situations, 
the living conditions, and what the struggle is within our 
State concerning all of our citizens. And like I said, I needed 
to send a document to someone, and they lived in a rural 
county, and their response was, well, I'll be able to receive 
your message or receive your email and check my email when I go 
to church on Sunday.
    And so, I think a lot of those who are in elected positions 
are out of touch with the average Alabamian. And they just 
don't take into consideration that everyone doesn't have the 
luxury to have access to something as simple as a printer--it 
seems simple, even myself, I'm a college student right now, and 
if I need to print something, I literally, I do it at my law 
center, at my law school or I go to the library.
    But in the rural areas, everyone doesn't have access to 
vehicles like I stated. And even in the urban cities, some 
people depend on public transportation. So, I know how 
difficult it is for people to simply print their ID because I 
go out into the communities and I provide people with a copy of 
the absentee request form, which they're trying to criminalize 
that.
    They're trying to make it a criminal offense to provide 
another citizen with a document that's on the Secretary of 
State's website. How is that similar to manslaughter or a 
statutory rape? And so, I give them the request form and I 
realize they may not even be able to make much progress if 
they're not able to get a copy of their ID. And so, I think 
that was very insensitive of an elected official, a leader in 
our State to make a statement such as that.
    Chair Butler. Thank you. Ms. Hattix, Alabama is not only 
one of the most difficult States when it comes to voting rights 
restoration. It's also one of the many States whose voter 
disenfranchisement laws tied to the Jim Crow era, and their 
efforts to prevent Black people from voting. Can you speak a 
little bit to Alabama's voter disenfranchisement law and the 
history and how it was specifically crafted to cover crimes 
that the State legislature at the time was--thought, at the 
time was connected to recently freed slaves?
    Ms. Hattix. Thank you so much for the question. Chairwoman 
Butler. To fully understand our current moment requires us to 
understand our history. I often use the analogy, if you go to a 
doctor and they do not perform the adequate test to understand 
the depths of the problem, then they cannot prescribe you the 
remedy to be able to address that problem.
    And so, as you are saying, this is a historical development 
that began during the reconstruction era, when recently freed 
enslaved Black people were able to access the ballot in mass 
through programs, through Federal legislation that was supposed 
to give them these civic responsibilities and access.
    In response to the opportunity by Black Alabamians to 
access the ballot. There was an increased criminalization of 
them that went along with it. And this criminalization was 
focused on the development and the next iteration of a 
narrative that has existed in this country since its founding.
    And that narrative is that Black people in this country are 
assumed and presumed to be guilty before they have even done 
anything. And it is through that narrative lens that, in 
Alabama, we enacted a series of criminal codes that, they 
criminalized the everyday activities of people in ways that we 
wouldn't even recognize.
    People not having an occupation was criminalized in 
Alabama, never mind that there was a lack of access to 
employment. So, these activities were purposefully 
criminalized, because then they could then disenfranchise Black 
voters by saying, you are a criminal, you therefore cannot 
participate in our civic participation processes.
    And we see that today in the way that Alabama and our 
legislators continually expand our criminal codes here in 
Alabama. It is an ongoing process of criminalizing poverty, 
criminalizing lack of education, criminalizing the 
socioeconomic statuses that are purposefully created to keep 
Alabamians in the cradle of poverty so that they do not have 
access to voting rights.
    And so today in our legislature, there is an emphasis not 
on building up the lives of Alabamians but continuing to hold 
them in our carceral institutions so that they can then be 
disenfranchised at the polls by not even being allowed to 
participate in our civic processes.
    So again, this is a pattern, it is a practice. It is a re-
imagination of a narrative that has existed in Alabama since 
people were first kidnapped and trafficked and brought to this 
country against their will. And it's one that we see persist in 
the percentage of bills that are focused on criminalizing 
Alabamians to this day.
    Chair Butler. Thank you. Ms. Brown, you're from Selma?
    Ms. Brown. I am.
    Chair Butler. Where, you know, this incredible facility 
that we're in, sort of tells this great story of courage and 
sacrifice to secure the right to vote that the march from Selma 
to Alabama.
    I'd love for you to speak about the role your hometown has 
played in the passage of the Voting Rights Act and talk a 
little bit about why it's so important that we continue to 
fight for voting rights. Even as we experience the--what's been 
described here is the legislative attacks as perpetrated by 
actions in the State legislatures here in Alabama and across 
the country.
    Ms. Brown. Thank you for that question, Senator Butler. As 
I sit in the room, I'm looking at pictures, and actually, I was 
feeling full as I was walking right here to the table, because 
I look over here to my left, and that's GWC's comms, we would 
call it affectionately the GWC projects, we would say that.
    In Selma, Alabama, I've organized--I learned how to be an 
organizer in this very area. You know, as I look, and there 
actually a couple of people on there that have poured into my 
life, that actually were the shaping of me. That, you know, I 
start with this question even as I was sitting here with the 
Senate, how long, how long, how much, how long should we suffer 
to get access to what we will like--what we deserve, that what 
is right, that we are actually holding this country to the 
standard, which it set itself.
    And so, when I think about Selma Alabama, I think about 
this little, small infamous place, that there were 600 people 
on the Edmund Pettus Bridge that knew that they were going to 
be--they were going to be met with resistance. They didn't have 
a lot of political power. They didn't have a lot of leverage, 
but they did have this belief in this thing called democracy. 
They did have this belief that they could actually shape, not 
just a nation for themselves, but actually for all of us.
    And as a result of their sacrifice, the sacrifice of those 
who actually were met with resistance that were beaten on the 
Edmund Pettus Bridge, all of us actually enjoy some aspect of 
democracy and having access to that.
    And so, this little city that sits in the middle of the 
Black Belt region, maybe about 40 miles from here. You know, 
it's interesting, it was also the place of where my family--my 
family were brought here as enslaved Africans, they were 
brought specifically to Selma, sold in Mobile, and brought to 
Selma.
    And so, the history of being sharecroppers and farmers in 
that area--the people of this area at one point provided one 
third of kind production for the country in this area. And so, 
this is an area that has been rich in giving, giving of itself. 
Selma has been very instrumental.
    And I think when we see the multicultural, multiracial 
pictures, if you look around the room that it shows us the kind 
of democracy that we envision when we talk about the ideas--the 
highest ideas of America. It shows us about people who actually 
are standing on this belief that all men and women are created 
equal.
    You know, it shows the tenacity and the resiliency of those 
who actually challenge those in power and say, no, this is what 
we're--we're fighting not only for freedom, but we're literally 
fighting for this thing called democracy to make it real.
    And so, as we are in this 59th year, I think that it is 
incumbent for us to really learn from the lessons of Selma, 
learn from the lessons of those that in Selma that saw the--saw 
something greater. They saw, just like Harriet Tubman and the 
North Star, they saw an opportunity and had hope for this 
Nation.
    And I would actually think of the many of the people like 
Reverend C.T. Vivian, Reverend James Orange, Dr. King, Ms. 
Amelia Boynton, these are people who actually put their day-to-
day lives on the line, to be able to open up access to 
democracy. And I think what we see is--we continue to see--
people on the front lines doing that work.
    But Selma not--should be a place that we see as where a 
beating took place. It's also a beacon of hope. It should be a 
light for us. It should be almost like a north star of where we 
go with democracy. You know, it is at nighttime in this moment 
that we see--and some of us say a dark night of the soul in 
terms of democracy, where we see this kind of increased 
political division. We see the rise of voter suppression. We 
see this constant attack that is in this moment that literally 
that's where the brightest lights can shine.
    And so, we are hoping that people see Selma and that the 
Senate sees its responsibility as the people of Selma, of 
leading the way of why we need to make sure that we are passing 
the John Lewis Voting Rights Advancement Act and the Freedom to 
Vote Act.
    Chair Butler. Thank you.
    [Applause.]
    Chair Butler. You know, as a daughter of the South whose 
occupation now requires me to be in Washington, it's always 
good to be back in the South where people clap----
    [Laughter.]
    Chair Butler [continuing]. It just warms the soul. Thank 
you for the response. I want to make sure that we are engaging 
and hearing the voices--different voices. It's one of the 
reasons why we wanted to do this hearing, not in Washington DC 
but to sort of get ourselves as this Subcommittee proximate to 
what is really--what voters are experiencing on the ground.
    Ms. Hattix, in your submitted testimony, you spoke to the 
challenges of voters with disabilities and to be a Black voter 
with disabilities. And being at that intersection, how would 
you describe the proposed laws of SB1 and the support that 
those voters might need across Alabama and, how that those--the 
people who would be supporting those Alabamians living with 
disabilities could be impacted?
    Ms. Hattix. Thank you for the question, Chair Butler. This 
question is not only deeply professional for me, but it's also 
deeply personal. I, myself, I'm a disabled Black woman. I have 
lupus. And due to the symptoms of lupus, I am unable to drive a 
vehicle. A lot of people do not understand the infrastructure 
or lack thereof in Alabama.
    We do not have a robust public transportation system, even 
in our most urban areas, much less our rural areas that allow 
people like myself who cannot drive, who cannot access public 
transport to go to the polls. To take it an even step further, 
the way that voting is talked about in the majority of this 
country, is as though it's a costless endeavor.
    In Alabama, in 2021, the median income for Black families 
in this State was $36,000, median Black income in this State. 
And so, when we talk about the structural barriers, we're 
talking about systems of poverty that make it incredibly costly 
for people to take time off work, which is not guaranteed at 
every job, particularly those that are low wage, hourly jobs.
    We're talking about designating money that people are using 
for food, for diapers, for baby formula, to call Lyfts and 
Ubers, because we lack the public infrastructure for people to 
use public transport to access the polls. And on top of that, 
we're talking about an infrastructure of voting 
disenfranchisement that limits the time and ways in which 
people can vote.
    And so, the real concern of SB1 is because the State has 
not addressed those gaps in our socioeconomic ways of living, 
in our structures, in our wages, it has become the 
responsibility of churches, of nonpartisan community 
organization, of volunteers and neighbors to fill in the gaps 
to address the cost to voting for everyday people.
    What SB1 would do is criminalize the work of these 
neighbors who are filling in where the State has failed. And 
so, under SB1, if individuals like those from Black Voters 
Matter, Rolling To The Polls, Lift our Voice, provide any sort 
of financial assistance or even gift--which is undefined by the 
legislature currently--to help those who need access to 
transportation, who need to be able to take time off work, in 
voting that behavior is criminalized not only for the recipient 
of those services, but for the people who are providing those 
services.
    So, to put this in very plain language, if I, as somebody 
who cannot drive myself to the polls, gave my neighbor $5 to 
compensate them for the gas money that they would take me, both 
my neighbor and I could be facing Class B and Class C felonies 
in this State for that behavior.
    And so, why would the State of Alabama, when in the 2022 
midterm elections, we had a voter turnout rate of less than 40 
percent, not emphasize their efforts on making sure there is 
increased access to the polls. If we are a nation, if we are a 
State that is focused on voter engagement and increasing 
participation in our civic processes, there is no reason to be 
focusing so much time and energy on not just passing bills, but 
bills that would increase our carceral population for those who 
are filling in for the places where the State has failed to 
care for us.
    Chair Butler. Thank you.
    Ms. Hattix. And then----
    [Applause.]
    Chair Butler. I knew it. I knew it.
    [Laughter.]
    Chair Butler. I just had to give you all time to get there. 
Thank you so much. Major Dowdy. I want to come back to you 
because I wanted to ask a question also about that you raised 
specifically in your submitted testimony. I wanted to note the 
point of--actually not Major Dowdy, Ms. Brown.
    Ms. Brown you talked about other States in your written 
submitted testimony and what you offered in your opening 
statement, the point you made about Georgia. I appreciate that 
you have in your comments sort of directed them toward the 
Senate as the body because we are--we have an obligation to 
govern on behalf of the country. And as I noted, not just in 
Alabama.
    And so, I recognize the topic is about Alabama, but just to 
look one State over, the State you mentioned, Georgia, the 
Brennan Center for Justice, observed last year in a report that 
multiple data sets and analysis confirm the growing disparity 
between white and non-white voter participation.
    What have been the consequences--what are the consequences 
if the gaps between white voters and voters of color continue 
to grow in States like Alabama, like Georgia, and across the 
deep south?
    Ms. Brown. You know, what you will see is you will see a 
continuous underrepresentation of those communities. And so, 
part of this idea of democracy is the notion that people will 
have representation. Taxation without Representation, that was 
the whole foundation of the American Revolution, wasn't it?
    And so, here we see that in these places where Black 
voters, quite frankly, have been targeted in the deep South. 
What you see is that it impacts not only our participation, but 
ultimately it impacts representation. Even in State, as from 
Georgia to Louisiana, we were also--and it's not just in--it's 
not isolated just in Georgia or Alabama.
    Most recently in the State of Louisiana, Black Voters 
Matter actually had to bring a lawsuit against the State of 
Louisiana for lack of representation for African Americans 
within the State housing.
    And as we're--we won, we actually won that particular 
hearing, where now they have to redraw the districts in such a 
way that we will have adequate representation in the 
legislature. What we see, though, it is also like death by a 
thousand cuts. We are actually seeing these attacks happen on 
the county level. We're seeing it happen on the State level, 
and then now without the protection, and we're seeing the 
gutting of the Voting Rights Act with the attack on Section 5. 
And then God forbid, Section 2 is eliminated, then it takes the 
teeth out of it, and it puts the onus of on Black voters.
    But it also disproportionately impacts us around--when our 
communities, when we're looking in at communities that there is 
an economic disparity. And when we're looking at communities 
that when you're seeing there's a health disparities when 
you're looking at communities that when you see education that 
even the idea of teaching Black history has been attacked on 
the school board level and people are not able to vote, if 
they're not able to vote and have representation and represent 
our issues, our interests. What we will see is we will start 
seeing policies as we've already seen, that actually impact and 
undermine and actually even further the gap, you know, it's in 
the justification. What's interesting in the Shelby decision, 
was the justification of the stripping of Section 5 was that 
the current conditions are not--don't justify the idea of the 
Section 5. I would say the absolute opposite. I think there's a 
preponderance of evidence that we see all across the State, 
immediately after the gutting of the Shelby decision, we saw a 
decision in Texas immediately, we've seen the massive closing 
of polling sites, we've seen the massive attacks, even when we 
saw in the 2020 election in Georgia where we saw that people 
because of Covid actually accessed mail-in ballot voting's. 
They use that as a tool and a key that now what we see is that 
immediately the State legislature went against that with the 
SB202 and stripped that and literally condense that, so, people 
have restricted access.
    And so, what does it mean? What it means is that when we 
are not able to freely and fairly participate in the process, 
that means that we don't have the kind of representation that 
is actually in--is supposed to be ensured to us in this 
country.
    What it means is that we will continue to see a growth in 
disparities. What it means is that we won't have the ability to 
be able to fully participate in the democratic process so that 
we can have policies that actually align with the issues and 
the priorities of our communities.
    Chair Butler. Thank you. And then Major Dowdy, I did have 
another question for you. You, in your testimony, spoke about 
the Allen v. Milligan hearing with the Redistricting Committee. 
Can you speak more about the field--the virtual hearings? I 
think you referred to them the virtual hearings, and the 
refusal as you experienced, to listen to and ultimately seek 
the advice of the participants in the hearing.
    Ms. Dowdy. And so, the purpose--thank you for that 
question--the purpose of the hearings is to allow the public to 
have input on what they hope to see with the drawing of those 
new maps. And I was in the middle of doing a redistricting 
fellowship with the Southern Coalition for Social Justice.
    So, I was heavily involved in redistricting in the State of 
Alabama. And you heard a consistent beat of a drum at every 
hearing. No one said anything that was not centered around give 
Black voters--give Black people--Black Alabamians another seat 
at the table. Give us a second district where we can elect the 
candidate of our choice.
    So, our Reapportionment Committee, they heard that over and 
over and over again. I spoke on that. Anyone who spoke in my 
city spoke on that, and you heard the same narrative across the 
State. And so, they went and drew the maps and basically 
ignored what they--their constituents of the State wanted and 
what we needed.
    And we even had elected officials testified to the same 
thing. You had State Senators and State Representatives that 
also spoke in their local districts about the need for us to 
have another representative at the table.
    Right now, if there's anything that's going on in our 
State, anything I want to encourage a Congress Member to do, I 
know that reaching out to my--the Republicans in the Congress 
that represent Alabama. I know that I basically will be 
ignored. Through my sorority once a year, we have Delta Days, 
and we go and meet with our elected officials.
    And the ones who don't look like me, they typically tend to 
somewhat ignore us when we are in there letting them know what 
our legislative priorities are. And Congresswoman Terri Sewell, 
she's basically the Congress--the lone Congresswoman for the 
entire State when it comes to Black residents.
    And so, that was the narrative. Give us a second district. 
They chose to ignore us. And even now with SB1, there were 
about 30 plus people signed up to speak, to include myself. I 
decided to not attend law school that day, and I decided that 
coming to speak at the Capitol to my elected officials was more 
important. And I did not even have the opportunity to speak. 
And when you have a public hearing, you have individuals 
traveling from all across your State.
    And so, our elected officials even now, are choosing to 
ignore us and silence us in the process of making sure that our 
voices are heard in their decisionmaking process.
    Chair Butler. Thank you for that. I know we are about at 
time and I want to honor everyone's time commitments here, 
particularly given how treacherous the weather sounds. Just one 
last question that may sound obvious, but I want to ask it on 
purpose, Ms. Hattix, if you would just sort of close us out on 
SB1. Do you think that it would have a negative impact on 
voters of color in Alabama? And if so, how?
    Ms. Hattix. Thank you so much for the question Chair 
Butler. One thing that we have heard continuously from the 
public hearings and from the elected officials who are 
proposing this bill, is that this would not impact activities.
    But we actually have history to show the contrary. We have 
data to show the contrary. And I think in light of the moment 
we're in, it's important to talk about in the 1960's, there was 
two women in Alabama who were working to register people to 
vote, specifically Black Alabamians, who were disabled and 
illiterate and under similar circumstances to what SB1 is 
proposing to criminalize, these two Black elderly women were 
not only arrested, but prosecuted and sent to prison for their 
activities in assisting absentee ballots to be counted.
    And so, when we talk about the impacts of SB1, we're not 
simply talking about a hypothetical, we're talking about a 
lived reality. The fact of the matter is that many of the foot 
soldiers who crossed the Edmund Pettus Bridge are not 
historical figures to us in Alabama. They are our neighbors. 
They are our grandmothers. They are living, breathing, walking 
people who are examples of not only the lengths that the State 
of Alabama will go to repress and criminalize people, but the 
actual resilience of Alabamians to stay here and imagine a 
better future for us.
    And so, the effects of SB1 are not just the potential for 
other people in this long line of history to be incarcerated, 
charged, and disenfranchised by the State, but the widespread 
chilling effect that this could have on civic organizations who 
cannot for very legitimate reasons, engage in what would be 
literal civil disobedience, defying the State's ban on 
assisting absentee voters because they would risk their jobs, 
they would risk their livelihoods.
    And so, it's not only the act of criminalization, but the 
message and widespread chilling impact this would have on our 
civic organizations to continue to get people to participate in 
our democracy. And that's a reality that we are not only 
fearful of but is rooted in a history that we know will come 
true if SB1 passes.
    [Applause.]
    Chair Butler. Thank you to our witnesses who are 
appearing--have been appearing today before our Subcommittee 
and thank you to you all who've come out to also be a part of 
this field hearing on the Judiciary Subcommittee of the 
Constitution.
    In The New York Times opinion piece that the late 
Congressman John Lewis submitted, and he asked to be released 
posthumously after his death. He wrote, ``when you see 
something that is not right, you must say something, you must 
do something, democracy is not a state.'' He said, it is an 
act, and each generation must do its part to help build what we 
call the beloved community, a nation and world society at peace 
with itself.
    Through today's testimony, we've heard how we're still 
fighting, how each of us are choosing each day to do something, 
and to do our part. I want to note that I am encouraged by our 
witnesses today because your work truly proves that each of you 
are willing to do the work, that each of you have been doing 
your part.
    And I am here because as long as I'm in the Senate, I am 
going to be doing my part, doing my part to pass the John R. 
Lewis Voting Rights Act and the Freedom to Vote Act to ensure 
that the next generation can indeed cast their ballots without 
facing the discriminatory barriers, without facing the physical 
dangers and intimidation, without facing all the other methods 
of suppression that seem to be holding not only Alabama back 
but even my home State of Mississippi.
    So, while I am here, I intend to join you in doing my part 
in answering Congressman Lewis's call and all of us doing our 
part. Thank you-all for coming, and for being a part of this 
field hearing.
    The hearing record will remain open for 1 week, for 
statements to be submitted into the record. Questions for the 
record may also be submitted by other Senators by 5 p.m., 
Eastern, on Friday, March 8, 2024.
    Today's field hearing stands adjourned.
    [Whereupon, at 5:09 p.m., the hearing was adjourned.]
    [Additional material submitted for the record follows.]

                            A P P E N D I X

Submitted by Hon. Laphonza Butler:

 SPLC--Report on Modern-Day Voting Discrimination in Alabama......    70