[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formula was based on outdated information, the Roberts Court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
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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
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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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