WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE

Transcription

1 DATE: March 22, 2017 TO: FROM: 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 Concerned Parties ISSUE ALERT Hilary O. Shelton, Director, NAACP Washington Bureau CONGRESS MUST IMMEDIATELY INTRODUCE AND PASS BIPARTISAN LEGISLATION TO REPAIR, RESTORE, AND STRENGTHEN THE 1965 VOTING RIGHTS ACT ON THE EVENT OF THE 52 ND ANNIVERSARY OF THE VOTING RIGHTS ACT OF 1965 AND THE WEAKENING IMPACT OF THE SHELBY DECISION, NEW LEGISLATION IS NEEDED TO ENSURE PROTECTIONS OF THE RIGHT TO VOTE FOR ALL AMERICANS THE ISSUE: The right to vote is one of the most valuable, and many would argue even sacred constitutional rights granted to most Americans. The Voting Rights Act of 1965 (VRA) was enacted to insure that those Constitution 15th Amendment to the U.S. Constitution, no one, including 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 requires certain states or jurisdictions, which have an established history of laws or policies which result in the disenfranchisement of a group of racial or ethnic minority voters must obtain advance approval or preclearance from the US Department of Justice or the US District Court in D.C. before they can make any changes to voting practices or procedures. Examples of these changes include any change in the date, time, place, or manner under which an election is held. 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 June 25, 2013, the U.S. Supreme Court issued its decision in the case of Shelby v. Holder in which the Court did not invalidate the principle of preclearance. The Supreme Court did decide, however, that Section 4(b) of the VRA, which establishes the formula that is used to determine which states and jurisdictions must comply with preclearance, is antiquated and thus unconstitutional and can no longer be used. Thus, although Section 5 survives, it is currently not being used and will not be used until Congress enacts a new formula to determine who should be covered by it. The Voting Rights Advancement Act was introduced in the last Congress (114 th ) in both the House and the Senate and had bipartisan support in the Senate and was supported in the U.S. House by the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian and Pacific American Caucus among others. NAACP President/CEO, Cornell William Brooks and NAACP leaders were arrested demonstrating in the hometown of the House Judiciary Committee Chairman New legislation is needed in the 115 th Congress that will: modernize the preclearance formula to cover states with an historical pattern of discrimination; ensure that last-minute voting changes won t adversely affect voters; protect voters from the types of voting changes most likely to discriminate against people of color and language minorities; enhance the ability to apply a preclearance review when needed; expand the effective Federal Observer Program; and improve voting Rights protections for Native Americans and Alaska Natives. Furthermore, this legislation includes all of the priorities necessary for a strong VRA restoration as established by the NAACP National Board of Directors. We are urging this legislation to be re-introduced in the 115 th Congress ( ) soon. We must tell Congress both the House and the Senate that the time to act is now! We must not delay and allow one more American to face unnecessary, unconstitutional, and undemocratic obstacles as they try to vote. THE NAACP STRONGLY SUPPORTS THE INTRODUCTION AND PASSAGE OF NEW VOTING RIGHTS LEGISLATION TO REPAIR, RESTORE AND STREGNTHEN THE VOTING RIGHTS ACT OF 1965.

2 THE ACTION WE NEED YOU TO TAKE: Contact your Representative and both your Senators and URGE THEM TO SUPPORT THE REPAIR, RESTORATION, AND STRENGTHENING OF THE VOTING RIGHTS ACT. URGE THEM TO BE ORIGINAL CO-SPONSORS OF VOTING RIGHTS LEGISLATION. To contact your Senators and Representative, you may: Make a Phone Call: Call your Senators and your Representative in Washington by dialing the Capitol Switchboard and asking to be transferred to your Senators'/Congressman s offices. The switchboard phone number is (202) (see message section, below). Write a Letter To write letters to your Senators, send them to: The Honorable (name of Senator) U.S. Senate Washington, D.C To write a letter to your Representative, send it to: The Honorable (name of Representative) U.S. House of Representatives Washington, D.C Send a Fax A SAMPLE LETTER IS ATTACHED If you would like to send a fax, call your Senators or Representative s offices (through the Capitol switchboard) and ask for their fax numbers (you can use either the attached sample letter or the message box, below). Send an To send an to your Senators, go to click on Find Your Senators. Look up your Senators by state; go to their web sites for addresses. To send an to your Representative, go to and click on Write Your Representative (on the left hand side, just under find your Representative). This will help you identify who your congressman is and how to contact him/her. REMEMBER TO CONTACT BOTH YOUR SENATORS!!!!! THE MESSAGE As a result of the 2013 Supreme Court decision in Shelby v. Holder, there are currently no states or jurisdictions which are required to comply with the preclearance directive under Section 5 of the 1965 Voting Rights Act. This means that states or jurisdictions with a proven history of discrimination are able to make changes to their election laws and policies without proving to the U.S. Department of Justice or the District Court in D.C. in advance that the proposed changes will not disenfranchise racial or ethnic minority voters. Only Congress can pass a law to replace the criteria for which states or jurisdictions must comply with Section 5 preclearance. Members of the US House and Senate need to hear from their constituents that the repair, restoration, and strengthening of the 1965 Voting Rights Act is a priority and MUST HAPPEN NOW!!!! THANK YOU FOR YOUR ATTENTION TO THIS IMPORTANT MATTER!!! If you have any questions, call Hilary Shelton at the Washington Bureau at (202) MEMBERSHIP IS POWER! JOIN THE NAACP TODAY. To become an NAACP member or to sign up for legislative and press updates, visit

3 (date) Sample Letter The Honorable United States Senate / House of Representatives Washington, D.C / RE: THE URGENT NEED TO REPAIR, RESTORE, AND STRNGRHEN THE 1965 VOTING RIGHTS ACT. Dear Senator / Representative ; As your constituent, I urge you in the strongest terms possible to work toward the repair, restoration, and strengthening of the 1965 Voting Rights Act (VRA). Congress must act as soon as possible, so I hope that you will contact your leadership and demand immediate action. It is vital that we address this crucial issue. Specifically, I support and urge you to be an original cosponsor of the comprehensive provisions in The Voting Rights Advancement Act. I urge you to work toward maximum coverage, ensuring the right to vote of as many Americans as possible is protected. As you know, as a result of the 2013 Supreme Court decision in Shelby v. Holder, there are currently no states or jurisdictions which are required to comply with the preclearance directive under Section 5 of the VRA. This means that states or jurisdictions with a proven history of discrimination are able to make changes to their election laws and policies without proving to the U.S. Department of Justice or the District Court in D.C. in advance that the proposed changes will not disenfranchise racial or ethnic minority voters. In Shelby v. Holder the Supreme Court also explicitly said that Congress could and should update Section 4(b) of the VRA, which it struck, which establishes the formula to determine which states and jurisdictions must obtain preclearance before making any changes to the time, place, or manner in which its elections are conducted. Thus, it is now up to Congress to do the work which must be done to repair, restore and strengthen the 1965 VRA and allow it continue to protect all American voters, so we are ensured that we are able to cast a free and unfettered vote and we can be assured that our vote has been counted. As we as a nation commemorate the 52 nd Anniversary of Bloody Sunday in Selma, Alabama and the historic enactment of the 1965 VRA, we cannot allow Congressional inaction to dismantle 52 years of progress towards a more perfect union. Thus, I urge you again to contact your leadership and demand immediate action on the repair, restoration, and strengthening of the 1965 Voting Rights Act in light of the Supreme Court s devastating decision in Shelby v. Holder. I look forward to hearing from you soon to know what you are doing to move this issue along, and to also receiving your thoughts on what more I can do to precipitate action. Sincerely, (sign and print your name and remember to include your address) Remember to contact your Representative and BOTH your Senators.

4 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 Jurisdictions Previously Covered by Section 5 of the 1965 Voting Rights Act Prior to the Supreme Court decision in Shelby v. Holder States Covered as a Whole Applicable Date Fed. Register Date Alabama Nov. 1, FR 9897 Aug. 7, 1965 Alaska Nov. 1, FR Oct. 22, 1975 Arizona Nov. 1, FR Sept. 23, 1975 Georgia Nov. 1, FR 9897 Aug. 7, 1965 Louisiana Nov. 1, FR 9897 Aug. 7, 1965 Mississippi Nov. 1, FR 9897 Aug. 7, 1965 South Carolina Nov. 1, FR 9897 Aug. 7, 1965 Texas Nov. 1, FR Sept. 23, 1975 Virginia 1/ Nov. 1, FR 9897 Aug. 7, 1965 Covered Counties in States Not Covered as a Whole California: Florida: New York: North Carolina: Applicable Date Fed. Register Date Kings County Nov. 1, FR Sept Merced County Nov. 1, FR Sept. 23, 1975 Monterey County Nov. 1, FR 5809 Mar. 27, 1971 Yuba County Nov. 1, FR 5809 Mar. 27, 1971 Yuba County Nov. 1, FR 784 Jan. 5, 1976 Collier County Nov. 1, FR Aug. 13, 1976 Hardee County Nov. 1, FR Sept. 23, 1975 Hendry County Nov. 1, FR Aug. 13, 1976 Hillsborough County Nov. 1, FR Sept. 23, 1975 Monroe County Nov. 1, FR Sept. 23, 1975 Bronx County Nov. 1, FR 5809 Mar. 27, 1971 Bronx County Nov. 1, FR Sept. 23, 1975 Kings County Nov. 1, FR 5809 Mar. 27, 1971 Kings County Nov. 1, FR Sept. 23, 1975 New York County Nov. 1, FR 5809 Mar. 27, 1971 Anson County Nov. 1, FR 9897 Aug. 7, 1965 Beaufort County Nov. 1, FR 5081 Mar. 29, 1966

5 South Dakota: Bertie County Nov. 1, FR 9897 Aug. 7, 1965 Bladen County Nov. 1, FR 5081 Mar. 29, 1966 Camden County Nov. 1, FR 3317 Mar. 2, 1966 Caswell County Nov. 1, FR 9897 Aug. 7, 1965 Chowan County Nov. 1, FR 9897 Aug. 7, 1965 Cleveland County Nov. 1, FR 5081 Mar. 29, 1966 Craven County Nov. 1, FR 9897 Aug. 7, 1965 Cumberland County Nov. 1, FR 9897 Aug. 7, 1965 Edgecombe County Nov. 1, FR 9897 Aug. 7, 1965 Franklin County Nov. 1, FR 9897 Aug. 7, 1965 Gaston County Nov. 1, FR 5081 Mar. 29, 1966 Gates County Nov. 1, FR 9897 Aug. 7, 1965 Granville County Nov. 1, FR 9897 Aug. 7, 1965 Greene County Nov. 1, FR 9897 Aug. 7, 1965 Guilford County Nov. 1, FR 5081 Mar. 29, 1966 Halifax County Nov. 1, FR 9897 Aug. 7, 1965 Harnett County Nov. 1, FR 5081 Mar. 29, 1966 Hertford County Nov. 1, FR 9897 Aug. 7, 1965 Hoke County Nov. 1, FR 9897 Aug. 7, 1965 Jackson County Nov. 1, FR Oct. 22, 1975 Lee County Nov. 1, FR 5081 Mar. 29, 1966 Lenoir County Nov. 1, FR 9897 Aug. 7, 1965 Martin County Nov. 1, FR 19 Jan. 4, 1966 Nash County Nov. 1, FR 9897 Aug. 7, 1965 Northampton County Nov. 1, FR 9897 Aug. 7, 1965 Onslow County Nov. 1, FR 9897 Aug. 7, 1965 Pasquotank County Nov. 1, FR 9897 Aug. 7, 1965 Perquimans County Nov. 1, FR 3317 Mar. 2, 1966 Person County Nov. 1, FR 9897 Aug. 7, 1965 Pitt County Nov. 1, FR 9897 Aug. 7, 1965 Robeson County Nov. 1, FR 9897 Aug. 7, 1965 Rockingham County Nov. 1, FR 5081 Mar. 29, 1966 Scotland County Nov. 1, FR 9897 Aug. 7, 1965 Union County Nov. 1, FR 5081 Mar. 29, 1966 Vance County Nov. 1, FR 9897 Aug. 7, 1965 Washington County Nov. 1, FR 19 Jan. 4, 1966 Wayne County Nov. 1, FR 9897 Aug. 7, 1965 Wilson County Nov. 1, FR 9897 Aug. 7, 1965 Shannon County Nov. 1, FR 784 Jan. 5, 1976 Todd County Nov. 1, FR 784 Jan. 5, 1976

6 Covered Townships in States Not Covered as a Whole Michigan: New Hampshire: Applicable Date Fed. Register Allegan County: Clyde Township Nov. 1, FR Saginaw County: Buena Vista Township Nov. 1, FR Cheshire County: Rindge Town Nov. 1, FR Coos County: Millsfield Township Nov. 1, FR Pinkhams Grant Nov. 1, FR Stewartstown Town Nov. 1, FR Stratford Town Nov. 1, FR Grafton County: Benton Town Nov. 1, FR Hillsborough County: Merrimack County: Rockingham County: Antrim Town Nov. 1, FR Boscawen Town Nov. 1, FR Newington Town Nov. 1, FR Date Aug. 13, 1976 Aug. 13, 1976 Sullivan County: Unity Town Nov. 1, FR 16912