WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE

Transcription

1 WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE TH STREET, NW SUITE 915 WASHINGTON, DC P (202) F (202) WASHINGTONBUREAU@NAACPNET.ORG WEB ADDRESS RESTORING SECTION IV On February 27, 2013, the United States Supreme Court heard the case of Shelby County, Alabama v. Holder, which challenged the constitutionality of the preclearance provisions of the Voting Rights Act (VRA). The NAACP submitted an Amicus Brief on behalf of Attorney General Holder and the Voting Rights Act. On Tuesday, June 25, 2013, the Supreme Court issued its decision in which the Court did not invalidate the principle that preclearance can be required. But much more importantly, it held that Section 4 of the Voting Rights Act, which sets out the formula that is used to determine which state and local jurisdictions must comply under Section 5 s preapproval requirement, is unconstitutional and can no longer be used. Thus, although Section 5 survives, it will have no actual effect unless and until Congress can enact a new statute to determine who should be covered by it. This means that there is no longer a mechanism in place to prevent states with a history of voter disenfranchisement from enacting such laws. Thus it is now up to Congress and the President to pass a new law to determine which jurisdictions should need to be precleared before making any changes to their voting laws or procedures. Over the next few months, the NAACP will work with Members of Congress and the Administration, to craft a bipartisan, bicameral bill that can and will get signed into law which protects the voting rights of every American, regardless of his or her race or ethnicity. We are encouraging everyone to use the month of August, when Members of Congress are at home for their district work periods to set up face- to- face meetings with their Senators and Representatives to urge them to restore the integrity of Section 4 of the VRA. Contained in this packet are: ü An Issue Alert explaining the problem, and outlining what you need to ask of your elected officials. ü A sample letter to leave with your Senators / representatives ü A primer on how to arrange a meeting with your Senators and Representative in August ü An Advocacy Planner outlining: o How to prepare for your visit; o How to conduct your visit; and o How to follow up ü An advocacy planner worksheet ü A congressional report form

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3 WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE TH STREET, NW SUITE 915 WASHINGTON, DC P (202) F (202) WASHINGTONBUREAU@NAACPNET.ORG WEB ADDRESS DATE: Summer, 2013 TO: FROM: Concerned Parties ISSUE ALERT Hilary O. Shelton, Director, NAACP Washington Bureau Crucial Voter Discrimination Protection Provision Struck From Voting Rights Act URGE YOUR MEMBER OF THE U.S. HOUSE AND SENATE TO RESTORE FEDERAL VOTER DISCRIMINATION PREVENTION THE ISSUE: The Voting Rights Act of 1965 (VRA) was enacted to insure that no federal, state or local government may in any way impede people from registering to vote or voting because of their race or ethnicity. Most provisions in the VRA, and specifically the portions that guarantee that no one may be denied the right to vote because of his or her race or color, are permanent. Section 5 of the VRA, which was originally set to expire after 5 years, requires certain jurisdictions which have an established history of state- or jurisdiction- administered disenfranchisement based on race to obtain advance approval or preclearance from the US Department of Justice Voting Rights section or the US District Court in D.C. before they can make any changes to voting practices or procedures. Examples of these changes include redistricting, or the re- drawing of congressional district boundaries which happens every 10 years as the result of the census; a change in the date, time, place, or manner under which an election is held; or the documentation needed to register to vote. Federal approval is to be given as soon as the state or jurisdiction proves that the proposed change would not abridge the right to vote on account of race or color. On February 27, 2013, the United States Supreme Court heard the case of Shelby County, Alabama v. Holder, which challenged the constitutionality of the preclearance provisions of the VRA. The NAACP submitted an Amicus Brief on behalf of Attorney General Holder and the Voting Rights Act. On Tuesday, June 25, 2013, the Supreme Court issued its decision in which the Court did not invalidate the principle that preclearance can be required. But much more importantly, it held that Section 4 of the Voting Rights Act, which sets out the formula that is used to determine which state and local jurisdictions must comply under Section 5 s preapproval requirement, is unconstitutional and can no longer be used. Thus, although Section 5 survives, it will have no actual effect unless and until Congress can enact a new statute to determine who should be covered by it. This means that there is no longer a mechanism in place to prevent states with a history of voter disenfranchisement from enacting such laws. Thus it is now up to Congress and the President to pass a new law to determine which jurisdictions should need to be precleared before making any changes to their voting laws or procedures. Over the next few months, the NAACP will work with Members of Congress and the Administration, to craft a bipartisan, bicameral bill that can and will get signed into law which protects the voting rights of every American, regardless of his or her race or ethnicity.

4 THE ACTIONS WE NEED YOU TO TAKE: Contact your Representative and both your Senators and let them know: 1. How disappointed you are in the Supreme Court s decision which potentially leaves millions of voters unprotected from the disenfranchising practices of some election systems; 2. That you expect federal government officials to put their petty partisan politics aside and develop strong legislation which can replace the invalidated Section 4; THE MESSAGE The pre-clearance section of the 1965 Voting Rights Act provides essential civil rights protections for all of the American people before the votes are even counted; Racial discrimination has no place in our democratic process, particularly in the most sacred practice of our democracy, the vote; While the Supreme Court s decision to invalidate the Section 4 formula is a setback, it is not the end of the fight it is a new battle; It is time for all Americans to take this fight to Congress and ensure that every eligible vote is protected and counted. HOW TO ESTABLISH A MEETING WITH YOUR SENATOR OR REPRESENTATIVE The Congress both the United States Senate and the U.S. House of Representatives is scheduled to be out of session from August 5, 2013 through September 8, Many Senators and Representatives use this time to hear from their constituents back home; through either in- state or in- district meetings or larger public forums, usually known as town hall meetings. This provides you with a terrific opportunity to have a face- to- face meeting with your elected representative, usually without having to travel too far, to talk about restoring the integrity of the Voting Rights Act in light of the Supreme Court s decision in the case of Shelby County v. Holder. In order to establish when your Senator or Representative will be in your area, you should determine which of his or her district office is closest to you, and contact that office. For a listing of District offices, you can: Look at the Senators / Representative s websites (go to and or Contact the NAACP Washington Bureau at (202) and we will help you identify not only who your Senators are and your representative is, but also how to get in touch with their offices. After determining the office nearest you, go ahead and give them a call and indicate that you would like to meet with the Senator / Representative. Find out if he or she will be holding office hours any time soon, or if he or she will be hosting a town hall meeting in your area. A few things to remember: Always work in concert with your branch or your state conference. Everyone has one elected Representative and two Senators. We need to contact them all! Be polite, but be firm. They represent you, after all, and should be concerned with issues important to you. MEMBERSHIP IS POWER! JOIN THE NAACP TODAY. To become an NAACP member or to sign up for legislative and press updates, visit

5 (date) The Honorable United States Senate / House of Representatives Washington, D.C / Sample Letter RE: THE IMPORTANCE OF THE VOTING RIGHTS ACT Dear Senator / Representative ; As your constituent, I was outraged in the recent Supreme Court decision in Shelby County, Alabama v. Holder which invalidated a key component of the seminal 1965 Voting Rights Act. As a result of the Supreme Court s decision, millions of Americans may now be disenfranchised simply because of the color of their skin or their race or ethnicity. I strongly urge you to work with your colleagues in Congress and the Administration to amend Section 4 of the 1965 law to ensure that all Americans can freely exercise their right to cast an unfettered ballot without discrimination and to ensure that their vote is counted. While our nation has made great progress in the last fifty years, voter suppression still exists in covered jurisdictions. For example, in 2001, just after black citizens had become a majority of registered voters in Kilmichael, Mississippi, the all-white incumbent town officials attempted to cancel an election. The Justice Department objected. As a result, the election was held, and voters elected Kilmichael s first African-American mayor and three African- American aldermen. In preparation for the reauthorization of the VRA in 2006, Congress held twentyone hearings, heard from over fifty witnesses, and assembled a more than seventy-thousand-page record. Subsequently the reauthorizing legislation passed the U.S. House of Representatives overwhelmingly and then the U.S. Senate by a unanimous vote. Please do all you can to ensure that a strong new Section 4 provision is included in the Voting Rights Act which protects the democratic rights of all Americans to cast a free and unfettered vote and to be ensured that their vote is counted. Racial discrimination has no place in our democratic voting process. I look forward to hearing from you soon letting me know what you are doing on this very important matter. Sincerely, (sign and print your name and remember to include your address) Remember to contact your Representative and BOTH your Senators.

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7 WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE TH STREET, NW SUITE 915 WASHINGTON, DC P (202) F (202) WASHINGTONBUREAU@NAACPNET.ORG WEB ADDRESS HOW TO MAKE THE MOST OF YOUR CONGRESSIONAL ADVOCACY VISIT QUICK PLANNER After you have made an appointment with your federally elected representative to discuss the restoration of the integrity of the Voting Rights Act, there are a few things you can do to ensure you are as effective as possible during your meeting. PREPARE FOR YOUR VISIT All this information can usually be found by looking at your Senator s or Representative s website. Go to or Know something about the district / state represented by the person you are about to meet: o What are the largest cities; o Where does he / she hail from; o What are the largest industries in the area your Congressperson / Senator represents? Know something about the work of the Member of Congress you are meeting with: o What Committees does he / she serve on? o What issues has the Senator / Representative focused on during his / her tenure in Congress? o How long has the Senator / Representative been in Congress? o When is he / she up for re- election? o What did the Senator / Representative do prior to first being elected to Congress? o How did the Senator / Representative score on the last few NAACP report cards? This information can be found at or by contacting the NAACP Washington Bureau Review the NAACP Issue Alert on the Voting Rights Act so everyone has the same information. Also go to the website, or call the NAACP Washington Bureau at (202) to make sure you have the most current information Prepare a one- page summary of your position to leave with your Senator / Representative. o Include examples of the problem from the district / state if possible. Make a plan for your visit: o Chose a spokesperson for the introductions o Decide who will say what o Identify who will provide any follow- up information requested during the meeting Practice for the visit More

8 DURING YOUR VISIT Dress for success in business attire and be on time (early may even be better)! Explain who you are, why you are there, and be certain to explain that you are a constituent (let them know what town / area you live in). o Have each person introduce him- or herself by sharing their name and where they are from. Also talk a little about the group you represent (how many members, frequency of meetings) Be clear, concise, compelling and credible. Remember that there is often a strict time limit to these meetings! Be polite yet firm in explaining your position; try to avoid direct criticism. Bring the message back to your issue if it goes off track. Use personal examples or examples that you know of from the Senator s state / Representative s district if you can. Be clear about what you want the Senator / Representative to do. Record key points of the conversation as well as any questions that you can t answer; promise to get back with a response within one week. Leave a summary of your position on the issue(s) you discussed. FOLLOW UP ON YOUR VISIT Write a note to the Senator / Representative within 72 hours thank him / her for the visit and reiterating your conversation Send any answers to questions that were posed during the meeting as quickly as possible Be certain to talk among your group to ensure that you all have similar memories of the visit Continue to contact your Senator / Representative to maintain an open dialogue as Voting Rights Act restoration legislation moves forward.

9 ADVOCACY PLANNER WORKSHEET Name of Senator / Representative: Office location: Date of visit: Time of Visit: # of people attending Facts about the Person you are visiting and the area he / she represents: When first elected: When next up for reelection: Hometown: Large cities in district: Committees Issues member has focused on while in Congress: NAACP score in last Congress: People making the visit: Spokesperson: Group note- taker: Timekeeper (person charged with making sure nobody talks too long): Who will write the follow- up thank you note for the group? Who will ensure that any follow- up information is sent in a timely fashion? Who will speak about what: Speaker Issue

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11 WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE TH STREET, NW SUITE 915 WASHINGTON, DC P (202) F (202) WASHINGTONBUREAU@NAACPNET.ORG WEB ADDRESS CONGRESSIONAL CONGRESSIONAL OFFICE VISIT REPORT FORM FORM Senator or Representative: Date: State: Type of visit: Office visit: Town hall meeting (city) (location) Did you meet with the Senator / Representative personally or with a staff person? Senator / Representative Staff person: (name of staff person) Length of Time of meeting: Visit Conducted By: Did Member / staff person appear knowledgeable about the issues? Legislator's Position: Rank on issue (circle): (with us) (against us) General Observations: Who or what influences this member? Follow- up needed in Washington: Follow- up need at grassroots level: Is it worth visiting this Member of Congress / staff person again? Signed: (Please use the back if you need more space) Please fill out one report form for each Congressional member contact (both Senators and your one elected Representative) and return to the NAACP Washington Bureau