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 DATE: April 15, 2014 TO: FROM: Concerned Parties ACTION ALERT Hilary O. Shelton, Director, NAACP Washington Bureau U.S. House of Representatives is Urged To Hold Hearing on The Voting Rights Amendment Act of 2014 as soon as Possible PROPOSED BILLS, S AND H.R. 3899, NEED TO BE AMENDED, STRENGTHENED AND PASSED SWIFTLY THE ISSUE: On Thursday, January 16, 2014, Members of the U.S. Senate, led by Senator Patrick Leahy (VT) and the U.S. House of Representatives, led by Congressman James Sensenbrenner (WI) introduced bipartisan legislation, S / H.R. 3899, the Voting Rights Amendment Act of The purpose of these bills is to update and modernize the provisions of the 1965 Voting Rights Act (VRA) which were struck down by the U.S. Supreme Court in the Shelby County, Alabama v. Holder case decided on June 25, Shelby challenged the constitutionality of the preclearance provisions of the VRA, under which certain jurisdictions which have an established history of state- or jurisdiction- administered disenfranchisement based on race need to 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 and / 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; or a change in the date, time, place, or manner under which an election is held. Federal approval would be given as soon as the state or jurisdiction proved that the proposed change would not abridge the right to vote on account of race or color. The Shelby decision held that Section 4 of the VRA, which sets out the formula that is used to determine which state and local jurisdictions must comply with the preapproval requirement, is unconstitutional and can no longer be used. Thus, although the concept of pre- clearance survived Constitutional scrutiny, it will have no actual effect unless and until a new statute to determine who should be covered by it. The legislation which was just introduced creates a new formula for determining which states must obtain pre- approval before making any changes to their election laws, and while the NAACP deeply appreciates all of the work that went into crafting this bi- partisan legislation, we will now work to amend it through the legislative process so that more states and jurisdictions with a troubling history of administering voter disenfranchising practices must have proposed changes to election laws and practices pre- cleared before making changes. Sadly, we are all- too aware that discrimination continues to plague our electoral process throughout the country, and the bar that is set by this legislation is too high, and too few jurisdictions will be covered if it is enacted in its current form. From the exceptions for voter ID laws which are contained in the bill to decreased preclearance coverage to increased reliance on costly litigation, there are essential revisions and amendments to this bill that must take place to ensure ALL voters have fair and equitable access to the ballot box. While we know that compromise will be needed to pass this bill, we cannot sacrifice our core principle: participation in our democracy should be unfettered and all votes should be

2 THE ACTION WE NEED YOU TO TAKE: Contact your Representative and both your Senators and URGE THEM TO STRENGTHEN AND EXPAND H.R / S THROUGH THE AMENDMENT PROCESS AND PASS A STRONGER BILL AS QUICKLY AS POSSIBLE. To contact your Senators and Representative, you may: ü 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). ü 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 ü 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). ü 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 Discrimination in our election process is real and it is an immediate threat to the success of our democracy. While we appreciate Congress is making voting rights a legislative priority, and we are grateful for all the hard work that has gone into the legislation so far, the NAACP has serious concerns about the ability of some provisions in the Voting Rights Act Amendment bill to protect all voters from discrimination at the polls. From the exceptions for voter ID laws to decreased preclearance coverage to increased reliance on costly litigation, there are essential revisions and amendments to this bill that must take place. The NAACP joins others in strongly encouraging the House of Representatives to hold hearings on the Voting Rights Amendment Act of 2014 as soon as possible after Members return from the District Work period, in early May, 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) The Honorable United States Senate / House of Representatives Washington, D.C / Sample Letter RE: WE NEED TO AMEND AND STRENGTHEN H.R / S. 1945, THE VOTING RIGHTS AMENDMENT ACT OF 2014, AND PASS IT AS QUICKLY AS POSSIBLE Dear Senator / Representative ; As your constituent, I strongly encourage you to amend and strengthen H.R / S. 1945, the Voting Rights Amendment Act of 2014, and to pass it as quickly as possible. Discrimination in our election process is real and sadly pervasive throughout our nation. It is an immediate threat to the success of our democracy. And, while I am thankful Congress is making voting rights a legislative priority, and I appreciate all of the hard work that has gone into the legislation so far, I nevertheless have serious concerns about the ability of some provisions in the Voting Rights Amendment Act of 2014 to protect all voters from discrimination at the polls. From the exceptions for voter ID laws to decreased preclearance coverage to increased reliance on costly litigation, there are essential revisions and amendments to this bill that must take place. Thus I urge you to vote to strengthen the Voting Rights Amendment Act of 2014 and pass it as soon as possible so we can get back on track in terms of protecting the voting rights of all Americans. While we know that compromise will be needed to pass this bill, we cannot sacrifice our core principle: participation in our democracy should be unfettered and all votes should be properly counted. Thank you in advance for your attention to this extremely important issue. Please contact me in the very near future to let me know what you intend to do with respect to H.R / S. 1945, and what I can do to enhance voting right protections for all Americans. Sincerely, (sign and print your name and remember to include your address) Remember to contact your Representative and BOTH your Senators.

4 All NAACP Member and Units should remember there are four (4) things you can do: 1. Monitor and Report local Election Changes or Proposed Changes. Absent of pre- clearance notice requirements it is vital that we collect and report data as we need to build the record on discriminatory changes. ALL Units should report these changes to The national office will release a monitoring form and conduct trainings on our national monitoring program. SEE SOMETHING- SAY SOMETHING! Key Changes to be aware of: Moving of Polling Places; Changes from At Large to Single District; Changing the Date of Election; Annexations; Changes from Elected to Appointed offices 2. Meet with your member of Congress Share the NAACP position with your member of Congress; Gather information on his or her position on the bill and on strengthening amendments (using the form which is attached here); Report the information to your Regional Director and the Washington Bureau; As soon as you schedule a meeting please inform your regional director so that we can track the numbers of meetings the NAACP engage in across the nation. 3. Organize and Participate in the National Hearings taking place across the Nation. The NAACP is partnering with the Lawyers Committee on important field hearings taking place across the country Unit leaders will be asked to provide statements and engage in the hearings in efforts to build the critical record on discriminatory election practices. A list of upcoming hearing sites will be forwarded to you. 4. STAY INFORMED! Sign up yourself, your friends, your relatives, your neighbors, and your branch members for the NAACP Washington Bureau Action Alert network to stay on top of crucial developments (sign up form is attached) If you have any questions, please feel free to contact your Regional Director or the Washington Bureau

5 Voting Rights Amendments Act of 2014 Section by Section Description H.R / S Section 2. Violations Triggering Authority Of Court To Retain Jurisdiction -- Provides that a court can bail-in a State or political subdivision based on a discriminatory result by amending Section 3(c) of the Voting Rights Act (VRA) to include violations of Section 2 of the VRA and violations of any Federal voting rights law that prohibits voting discrimination against racial and language minorities. It carves out from the new standard Section 2(a) cases that are based on a photo identification requirement. Section 3. Criteria For Coverage of States and Political Subdivisions -- Sets forth a new nationwide coverage formula that provides that a State or political subdivision will be subject to preclearance under 5 of the VRA as follows: A state can be covered if: (1) it commits 5 voting violations in the most recent 15 year period and (2) at least 1 of the violations is committed by the State itself. A political subdivision within a state can be covered if it commits 3 voting violations in the most recent 15 year period or commits 1 violation in this period and has had persistent and extremely low minority voter turnout. A State or political subdivision will continue to be covered for 10 years starting on January 1 of the year of the most recent voting rights violations in the state or subdivision, unless the State or subdivision obtains a bail-out under Section 4(a). Under the new VRA, a voting rights violation includes (A) a final judgment from a court that the state or subdivision violated the 14 th or 15 th Amendment to the Constitution; (B) a final judgment of a court that a state or political subdivision violated federal voting laws; (C) a failure or denial of preclearance by a court under section 5 or 3(c) of the VRA; or (D) a failure or denial of pre-clearance by the Attorney General under section 5 or 3(c) of the VRA that is not overturned by a court. The Attorney General s denial cannot, however, be based on the imposition of a photo identification requirement. Persistent, extremely low minority turnout is determined with respect to political subdivisions, comparing the minority turnout rate in the relevant subdivision to other minority and non-minority turnout rates in other subdivisions, the state, and the nation over the most recent 15 years. Section 4. Promoting Transparency to Enforce the Voting Rights Act -- Creates a new Section of the VRA providing for notice and disclosure by States and political subdivisions for three voting-related matters: (i) late breaking voting changes involving

6 federal elections (e.g., changes in voting standards or procedures enacted 180 days before a federal election); (ii) polling resources involving federal elections (e.g., information concerning precincts/polling places, number of voting age and registered voters, voting machines, and poll workers); and (iii) redistricting and other changes in voting districts involving federal, state and local elections. Section 5. Authority To Assign Observers In Certain Political Subdivisions -- Clarifies that the Attorney General has the continuing authority to request Federal Observers in jurisdictions subject to pre-clearance, and authorizes the AG to assign observers with respect to additional jurisdictions where necessary to enforce the language minority provisions of Section 203 of the VRA. Section 6. Injunctive Relief Clarifies that preliminary injunctive relief applies to all provisions of the VRA and specifies that such relief shall be granted if, on balance, the hardship imposed upon the defendant by the relief will be less than the hardship imposed on the plaintiff if the relief were not granted. STATES COVERED IN FULL PRIOR TO THE US SUPREME COURT SHELBY DECISION Alabama Alaska Arizona Georgia Louisiana Mississippi South Carolina Texas Virginia STATES COVERED IN FULL UNDER H.R / S Georgia Louisiana Mississippi Texas

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 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.

8 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

9 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.

10 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

11 WASHINGTON BUREAU NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 1156 CONGRESSIONAL 15 TH STREET, NW SUITE 915 OFFICE WASHINGTON, VISIT REPORT DC P FORM (202) F (202) WASHINGTONBUREAU@NAACPNET.ORG WEB ADDRESS Senator or Representative: CONGRESSIONAL REPORT FORM 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

12 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 PLEASE PRINT CLEARLY In numeric order, what is the best way to contact you for action alerts? (i.e. 1, 2): Name (Please print legibly) Title Address or P.O. Box Fax City Telephone State Zip Code / - Fax / - No Do you have internet access? Yes E- mail Branch Name Branch President s Name Branch Address Branch Telephone / - Name of Congressional Representative Congressional District No Do you have a Political Action Chair? Yes Name of Political Action Chair NAME OF FAX ACTION ALERT POINT PERSON Address Phone Fax (Please use back page for additional comments if necessary) You can also join our Membership Network online at