Who has the right? Voting Rights and Practices in the USA - PowerPoint Presentation

1. Who has the right?Voting Rights and Practices in the USA

2. Could you pass the test ?Complete the test provided at your table. Do you think you passed the test? Throughout the history of our country, some states implemented literacy or knowledge-based tests to determine eligibility for voting. What if your ability to vote was based on this test?

3. Who should be allowed to vote and who should have the power to decideHistory of voting discrimination in the United StatesThe Voting Rights Act of 1965 Current challenges and dilemmas Topics Addressed in Today’s Presentation

4. What do you think? Should everyone be allowed to vote in this country?Voting Restrictions

5. Should all citizens of voting age be allowed to vote? Why or why not?Who should and should not be allowed to vote and who should have the power to decide?What if the question was changed to:

6. History of Voting discrimination in the United States

7. White males that did not own property; Racial, Ethnic, and Religious Minorities;Female citizens;Native Americans; Citizens who were poor;Citizens under the age of 21;And others…Disenfranchised Groups in History

8. Voting rights When the Constitution was written, most of the Framers did not believe in universal suffrage. The original Constitution didn’t have much to say about voting rights. Throughout the history of the United States, voting rights have been expanded by constitutional amendments and legislation.

9. The words “right to vote” appear five times in amendments to the United States Constitution.14th, 15th, 19th, 24th, and 26th amendments.The Right to vote?

10. 15th amendment“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

11. Obstacles to Voting Rights Even with amendments to the Constitution prohibiting race-based discrimination in voting, there were still significant obstacles to voting in some states. Literacy tests (similar to the one provided as a handout)Harassment and intimidationWhite primaries Poll taxes Bureaucratic measures

12. 1944US Supreme Court outlaws “white primaries” in Smith v. Allwright (Texas). Voting Rights 1940Only 3% of eligible African Americans in the South were registered to vote.Jim Crow laws like literacy tests and poll taxes were implemented to keep African Americans from voting.1964AMENDMENT XXIV (24th)The 24th Amendment bans the poll tax as a requirement for voting in federal elections.

13. Voting Discrimination“Voting discrimination against African-Americans was so entrenched and pervasive in 1965 that less than 7% of African-Americans of voting age in Mississippi had registered to vote. In contrast, 70% of white citizens of voting age were registered. A gap of 63 percentage points.” -Chief Justice John Roberts, Shelby County v. Holder (2013)

14. Voting Rights Act of 1965President Lyndon B. Johnson signs the Voting Rights Act into law. *

15. Voting Rights Act of 1965Landmark federal legislation designed in response to discrimination of African American voters and to enforce the Fifteenth Amendment. Included some provisions that treated states differently based on specific history of discrimination.

16. Key provisionsThe Voting Rights Act provided two ways to challenge discriminatory voting laws and practices. Section 2 (permanent provision of the VRA); prohibits discrimination in voting and is enforced through litigation. The federal government (US Attorney General) or private individuals (who have been harmed by voting laws) can file suit to challenge existing discriminatory voting practices.

17. Key provisionsSection 5 is the "preclearance" provision of the law. It requires states to obtain federal permission BEFORE enacting changes to voting laws or procedures. Prohibits discriminatory changes affecting the right to vote.

18. Determining which states have to be precleared Section 4 of the VRA of 1965 established a coverage formula to identify which states/jurisdictions must obtain permission from the federal government to make changes to voting laws. Section 4 utilized criteria such as did the state/jurisdiction have a voting/literacy test in 1964? Did it have less than 50 percent voter registration or turnout in the 1964 election?

19. Certain parts of the Act, including Section 5, were originally enacted for five years as a temporary measure, but have been continually renewed by Congress.1970: President Richard Nixon signs 5-year extension1975: President Gerald Ford signs 7-year extension 1982: President Ronald Regan signs 25-year extension 2006: President Bush signs extension for another 25 years The Voting Rights Act since 1965

20. Other key provisionsRequires that certain state and local jurisdictions provide assistance in languages other than English to voters who are not fluent or literate in English. (Added after 1965) Gives the US Attorney General the power to send federal examiners and observers to monitor elections.

21. Impact of the Voting Rights Act

22. The impact of the voting rights actRemember the 7% voter registration figure for African-Americans in Mississippi in 1965?In 2004, it was 76%As for the gap of 63 percentage points between African-American and white voter registration in that state in 1965, there was a gap in 2004 of about 4%, but it was in favor of African-American registrations.

23. US Census BureauAfrican Americans voted at higher rates than whites in 2012 according to census data. Despite increasing population, the number of white voters declined for the first time since 1996.

24. The Voting Rights Act of 1965 and the United States Supreme Court: Is it constitutional?

25. From 1965 to 2012, there were multiple challenges to the Voting Rights Act of 1965 before the United States Supreme Court. Voting Rights Act in the Supreme Court

26. Current CaseShelby County, Alabama initiated the case.Challenged the federal preclearance provision (Section 5) and the coverage formula (Section 4) used to identify which states/districts would be subject to preapproval.

27. Challenged Sections 4 & 5 of the Voting Rights ActSection 5 (preclearance) specific states and counties with a history of discrimination must receive federal preclearance or approval before they implement any change affecting voting. Section 4(b) (coverage formula) defines the eligible districts as ones that had a voting test in place as of November 1, 1964 and less than 50% turnout for the 1964 presidential election. Section 4 ruled unconstitutional in a 5-4 decision by the Supreme CourtShelby County v. Holder, 2012Decided 2013UNCONSTITUTIONAL

28. DecisionThe coverage formula in section 4 violates the Constitution and cannot be used to decide which jurisdictions are subject to preclearance. The formula was determined to be outdated as it looked to conditions as they were more than 40 years ago.

29. “Any racial discrimination in voting is too much, but our country has changed in the past 50 years. In the last election, the percentage of African-Americans turning out to vote exceeded white voter turnout in five of the six states originally subject to the preclearance requirement. The gap in the sixth state was less than one half of one percent.When taking such extraordinary steps as subjecting state legislation to preclearance in Washington and applying that regime to only some disfavored states, Congress must ensure that the legislation it passes speaks to current conditions. The coverage formula, unchanged for 40 years plainly does not do so and therefore we have no choice but to find that it violates the Constitution.”Opinion of the CourtChief Justice John G. Roberts

30. Concurring Opinion Justice Clarence Thomas“I join the Court’s opinion in full but write separately to explain that I would find §5 of the Voting Rights Act unconstitutional as well... Today, our Nation has changed. “[T]he conditions that originally justified [§5] no longer characterize voting in the covered jurisdictions.” While the Court claims to “issue no holding on §5 itself,” its own opinion compellingly demonstrates that Congress has failed to justify “‘current burdens’” with a record demonstrating “‘current needs.’”

31. “First, continuance would facilitate completion of the impressive gains thus far made; and second, continuance would guard against back­ sliding.Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.Beyond question, the VRA is no ordinary legislation. It is extraordinary because Congress embarked on a mission long delayed and of extraordinary importance: to realize the purpose and promise of the Fifteenth Amendment.” Dissenting Opinion Justice Ginsburg, with whom Justice Breyer, Justice Sotomayor, and Justice Kagan join

32. Case Impact With the Supreme Court ruling in Shelby v. Holder, states that were previously required to have election laws and policies preapproved or authorized by the federal government are no longer required to do so. What is the impact? What other options exist?

33. Elections: A federal or state issue

34. "We have 13,000 election jurisdictions in this country that run elections 13,000 different ways. Election officials get to do different things from one place to the next. Some voters vote on different kinds of ballots from others and so we have different rules about who can register and who can’t from state to state. And it’s really not one America when it comes to voting. "Judith Brown-Dianis Co-Director Advancement Project Election policies and procedures

35. “With its ruling today on the Voting Rights Act, the High Court has dealt a victory for states' rights - The Chief Justice, writing on behalf of the majority, reiterated this important point in today's ruling. He said, ‘the Framers of the Constitution intended the States to keep for themselves, as provided in the Tenth Amendment, the power to regulate elections.’ …Simply put, decisions that affect states should be left to states.”- Arizona Governor Jan Brewer Are the rules, policies, and procedures for voting a state or federal issue?Election policies and procedures

36. The 10th Amendment Who should have the authority to establish voting and election policies, practices, and procedures? The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

37. Elections: A State Or Federal Issue ?Level of GovernmentElected Officials Authority/QualificationsFederal PresidentCongress U.S. Constitution Federal Acts (Federal Elections Campaign Act; Motor Voter Law, etc.)State Governor State Representatives Other state level elected positions State constitutionsState law Local MayorSheriffCity and county elected positionsState and local policy State laws and state constitutions regulate state and local elections as well as the eligibility of an individual to vote beyond the basic requirements in the US Constitution and federal law.

38. Voting in Florida

39. Article VI – Suffrage and ElectionsSECTION 2. Electors.—Every citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered.History.—Am. proposed by Constitution Revision Commission, Revision No. 11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.Suffrage in Florida

40. Article VI – Suffrage and ElectionsSECTION 4. Disqualifications.—(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability.History.—Am. by Initiative Petition filed with the Secretary of State July 23, 1992; adopted 1992.Suffrage in Florida

41. Registering to Vote in Florida Citizen of the United StatesFlorida Resident 18 Years old, 16 to pre-register Not have been convicted of a felony without civil rights having been restored Not now be adjudicated mentally incapacitated with respect to voting in Florida or any other state without having the right to vote restored Able to provide a current and valid Florida driver’s license number, Florida ID number. If you do not have a Florida driver’s license number or a Florida identification card number then you must provide the last four digits of your Social Security Number. If you do not have any of these items, you must write “none” in the box or field. Voter Information Card Voter Name and Residence AddressPrecinct Number Date Registered Date of BirthFlorida Voter Registration Number

42. Who should be allowed to vote (or not allowed to vote) in the US? Who should decide who is allowed to vote?Should voting practices/procedures and eligibility requirements be uniform throughout the country OR should state and local governments be allowed to have their own specific voting/election requirements? What changes if any would you recommend? Should all states be subject to preclearance? Would you change the formula for how some states would be subject to federal scrutiny in their voting practices? What criteria would you suggest? Would you broaden the right to vote so that suffrage is more universal OR would you restrict eligibility to vote to more groups? Should all states be required to submit changes for approval to the federal government? Should some states be required to submit changes for approval?What changes if any would you recommend? What do you think?

43. Slides 7, 8, 21, 24, 25, 38 Photo from https://www.aclu.org/files/aclu90/img_vr_373.jpgPhoto from http://blogs.archives.gov/prologue/?p=10785Photo from www.tolerance.org/sites/default/files/general/black%20percentage_0.pdfPhoto from Public Domain Photo from Public DomainSlide 14 LBJ Library photo by Robert Knudsen http://www.lbjlibrary.net/collections/photo-archive.html Slide 15 LBJ Library photo by Yoichi Okamoto http://www.lbjlibrary.net/collections/photo-archive.htmlSlide 18Photo credit: https://www.aclu.org/timeline-history-voting-rights-actPhoto Credits