[Congressional Record Volume 161, Number 102 (Wednesday, June 24, 2015)]
[Senate]
[Pages S4604-S4606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Durbin, Mr. Coons, Mr. Reid, Mrs. 
        Feinstein, Mr. Schumer, Mr. Whitehouse, Ms. Klobuchar, Mr. 
        Franken, Mr. Blumenthal, Mrs. Murray, Ms. Stabenow, Mr. Brown, 
        Mr. Casey, Mrs. Shaheen, Mr. Warner, Mr. Merkley, Ms. Baldwin, 
        Mr. Kaine, Ms. Warren, Mr. Booker, Mr. Sanders, Mrs. 
        Gillibrand, and Mr. Wyden):
  S. 1659. A bill to amend the Voting Rights Act of 1965 to revise the 
criteria for determining which States and political subdivisions are 
subject to section 4 of the Act, and for other purposes; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, this year marks the 50th anniversaries of 
the March from Selma to Montgomery and the passage of the landmark 
Voting Rights Act. Passage of the Voting Rights Act was the result of 
the blood, sweat, and tears of so many brave Americans who marched for 
justice--and the decades-long work of countless other men and women 
committed to seeing our country live up to its promise of equality and 
justice for all. Their actions transformed our Nation. On this 50th 
anniversary year, we pay special tribute to their legacy, but there is 
still work to be done. Each generation must contribute to the fight for 
equality. Each of us must answer the call to move this Nation toward a 
more perfect union.
  In the coming weeks there will be continued celebrations of the 
passage of the original Voting Rights Act. Unfortunately, two years 
ago, the Supreme Court voted to dismantle a core piece of that vital 
legislation. In Shelby County v. Holder, five Republican-appointed 
justices on the Supreme Court drove a stake through the heart of the 
Voting Rights Act. Under Section 5 of the Act, the Federal government 
has the authority to examine and prevent racially discriminatory voting 
changes from being enacted before those changes disenfranchise voters 
in covered jurisdictions. By striking down the coverage formula that 
determined which States and jurisdictions were subject to Federal 
review, the Court effectively gutted Section 5. And in holding that the 
formula was based on outdated information, the Roberts Court 
disregarded thousands of pages of testimony and evidence from nearly 20 
congressional hearings held when the law was reauthorized in 2006.
  Within weeks of the Supreme Court's devastating ruling, Republican 
governors and State legislatures exploited the Shelby County decision. 
Several States with a documented history of racial discrimination in 
voting implemented sweeping laws that disproportionately suppressed the 
voting rights of minorities, the elderly, and young people.
  For example, Texas immediately implemented the most restrictive photo 
identification law in the country. Although, a Federal judge found the 
law to be an ``unconstitutional poll tax'' that could disenfranchise up 
to 600,000 voters and disproportionately impact African Americans and 
Latinos, the law was allowed to disenfranchise voters this past 
election.
  In North Carolina, the Republican legislature and Republican governor 
passed a far-reaching bill that restricted its citizens' right to vote. 
The bill cut early voting down from 17 days to 10 days, eliminated 
teenagers' ability to preregister before their 18th birthday, and 
eliminated same day voter registration. It also enacted a strict photo 
identification requirement, which is currently being challenged in 
court.
  These are just a few of the numerous discriminatory voting 
restrictions that have been enacted since Shelby County was decided. We 
cannot sit by as the fundamental right to vote is systematically 
undermined. We must not retreat from our commitment to civil rights and 
the great accomplishments we celebrate this year. As my friend 
Congressman John Lewis has stated, voting ``is the most powerful, 
nonviolent tool we have to create a more perfect union.''
  Similarly, in 1962, Martin Luther King, Jr., delivered a speech at 
the Mother Emanuel Church in Charleston--the scene of the horrific 
tragedy last week--where he noted that voting rights was the key to 
achieving the American dream for all. Their statements are as true 
today as they were fifty years ago, and that is why we

[[Page S4605]]

must do all we can to protect that right for all Americans.
  I challenge anyone to claim that racial discrimination no longer 
exists. Even Chief Justice Roberts acknowledged in the Shelby County 
decision that ``voting discrimination still exists; no one doubts 
that.'' The Court further said that Congress may respond with 
legislation based on current conditions. The bill we introduce today, 
the Voting Rights Advancement Act of 2015, is that response. It 
reflects the very real, current conditions that Americans face when 
trying to participate in our democracy.
  We have heard from Americans across the country whose voting rights 
have been diminished and suppressed since the Shelby County decision. 
We have also heard from numerous voting rights experts and civil rights 
leaders who have called for strong legislation that would fully restore 
the protections gutted by the Court's decision. The legislation we are 
introducing today responds to those calls from the grassroots and the 
community leaders on the ground who are today's foot soldiers for 
justice. This bill also represents the hard work and commitment of 
civil rights organizations like the Leadership Conference on Civil and 
Human Rights, the NAACP, the NAACP Legal Defense and Educational Fund, 
the Lawyers' Committee for Civil Rights Under Law, the Brennan Center 
for Justice, the Mexican American Legal Defense and Educational Fund, 
the National Association of Latino Elected and Appointed Officials 
Educational Fund, Asian Americans Advancing Justice, the American Civil 
Liberties Union, the Native American Rights Fund, the Alaska Federation 
of Natives, the National Congress of American Indians, LatinoJustice, 
the Advancement Project, and many others. I thank all of these 
organizations and the tireless individuals who have helped us shape 
this legislation.
  This bill is a voting rights bill for all Americans. It is a bill for 
the next generation, and helps protect the legacy of the previous 
generation who fought so hard five decades ago for these voting rights 
protections.
  Under this bill, all States and local jurisdictions are eligible for 
Section 5 protections under a new coverage formula, which is based on a 
finding of repeated voting rights violations in the preceding 25 years. 
Significantly, the 25-year period ``rolls'' or continuously moves to 
keep up with ``current conditions,'' as the Supreme Court stated must 
be a basis for any new coverage provision. States that have repeated 
and persistent violations will be covered for a period of 10 years, but 
if a State establishes a clean record moving forward, it emerges from 
preclearance coverage. In addition, the existing bailout provision 
would still be available so that States or local jurisdictions that 
establish a clean record can also emerge from coverage.
  The bill also establishes a nationwide, targeted preclearance process 
for a limited set of voting changes that have historically been found 
to discriminate against minority voters. For example, a racially 
diverse county that seeks to change a single-member district seat into 
an at-large seat will require preclearance because that kind of change 
has historically been used to marginalize minority voters. Racial 
gerrymandering, annexations that dilute minority voting strength, 
strict photo identification requirements, reduction of multilingual 
voting materials, and the elimination of polling locations in 
jurisdictions that are racially, ethnically, or linguistically diverse, 
will also receive greater scrutiny under this bill.
  Our bill would also improve the Voting Rights Act to allow Federal 
courts to bail-in specific jurisdictions where the effect of a 
particular voting change is to deny citizens their right to vote. Under 
this provision, a Federal court could subject to preclearance any State 
or local jurisdiction that the court determines violated the Voting 
Rights Act or any other Federal law that prohibits discrimination in 
voting on the basis of race, color, or membership in a language 
minority group.
  The bill we introduce today will also ensure that voters are made 
aware of changes in laws affecting their right to vote. Justice 
Brandeis once observed that sunlight is the best disinfectant and I 
believe that applies here as well. Transparency is a strong deterrent 
to voting discrimination. Under our bill, the public must be notified 
of late-breaking changes to standards and voting procedures in Federal 
elections. Information on polling place resource allocation for Federal 
elections must also be made public, including information about 
accessibility for persons with disabilities. Finally, information on 
changes to electoral districts must be made available to the general 
public. This includes demographic information, to prevent racial 
gerrymandering, impermissible redistricting, and infringement on 
minority voters at the Federal, State and local levels.
  The bill makes other commonsense improvements, such as amending 
current law to allow the Attorney General to request Federal observers 
in those jurisdictions where racial discrimination in voting remains a 
serious threat. It revises the preliminary injunction standard for 
voting rights actions to recognize the principle that oftentimes, 
obtaining relief after the election has already concluded is too late 
to vindicate the individuals' voting rights. Thus, such temporary 
relief may be obtained where the complainant raises a ``serious 
question'' that--on balance--the hardship the voting change imposes on 
the complainant outweighs the hardship imposed upon the state or 
jurisdiction.
  In addition, this bill addresses the unique challenges that Native 
American and Alaska Native voting populations encounter by: allowing 
for more accessible polling locations and voter registration agencies; 
permitting absentee voting where polling locations are too remote; and 
ensuring ballots are translated into all written Native languages where 
current law already requires bilingual voting materials.
  We are introducing this bill today because the persistent and 
evolving forms of voting discrimination require a strong response. I am 
proud to be joined by so many lawmakers from both sides of the Capitol 
and all parts of the country. I am joined by Senator Durbin, who worked 
with me in 2006 to reauthorize the Voting Rights Act. We are also 
joined by Senator Coons, Leader Reid, all Democratic Senators on the 
Judiciary Committee, and many others. In addition, the House of 
Representatives is today introducing a companion bill, led by my friend 
John Lewis and leaders of the House Tri-Caucus--Representative Terri 
Sewell of the Congressional Black Caucus, Representative Linda Sanchez 
of the Congressional Hispanic Caucus, and Representative Judy Chu of 
the Congressional Asian Pacific American Caucus.
  I hope that Senate Republicans will join us soon as well. The Voting 
Rights Act has always been bipartisan. In 2006, when we last 
reauthorized the Voting Rights Act, I worked closely with the 
Republican chairmen of the Senate and House Judiciary Committees--
former Senator Arlen Specter and Representative Jim Sensenbrenner. Past 
reauthorizations have been signed into law by Republican presidents. 
Yet over the past year, I have not found a Republican in the Senate 
willing to join me in proposing a meaningful reinstatement of voter 
protections.
  In marking the 50th anniversary of the march in Selma this past 
March, President Obama issued a call to action on the Voting Rights 
Act. He observed that: ``One hundred members of Congress have come here 
today to honor people who were willing to die for the right to protect 
it. If we want to honor this day, let that hundred go back to 
Washington and gather four hundred more, and together, pledge to make 
it their mission to restore that law this year. That is how we honor 
those on this bridge.''
  I agree with the President. The best way we can honor those 
individuals and the countless others who gave so much to make this a 
more perfect union is not with platitudes or long overdue symbolic 
gestures. No, we must act--just as they did. We must continue to 
agitate, to organize, to educate, and to build momentum so that this 
legislation becomes law. This bill, just as the Voting Rights Act 
before it, is necessary if we believe in a democracy that reflects our 
ideals of equality and justice. This legislation will protect the 
constitutional rights of all Americans and advance the principles of 
those who marched a generation ago.
  Much attention is focused on the Supreme Court this week as it is 
poised to

[[Page S4606]]

hand down decisions that will affect millions of Americans. The 
decisions of those nine women and men will impact the security of our 
health care, the sanctity of our marriages and the quality of the air 
we breathe. What the Supreme Court does matters. Its decisions affect 
us all. Nowhere in recent years has that been more clear than in its 
Shelby County decision. That destructive ruling made the fundamental 
right to vote vulnerable. It is long past time for Congress to respond 
with meaningful action.

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