President’s Column, December 2024
OVERVIEW OF VOTING RIGHTS LEGISLATION
Last fall the LWVOR Board asked Robert Walker, our 2nd Vice-President, to spearhead a campaign in the upcoming congressional session in support of passing the long-delayed Voting Rights act. After thorough research, Robert has prepared the following article to guide LWVOR members in acting on this critical issue. Thank you, Robert, and best wishes to all of us as we seek to make our voices heard.
Carolyn Dipboye, LWVOR President
Presently two proposals are before Congress, The Right to Vote Act (Senate S.4) and The Voting Rights Advancement Act (House H.R.14). The League of Women Voters of Tennessee (LWVTN) advises the State League will focus its efforts on contacting Senators from Tennessee in its effort to support passage of the Senate Bill. The LWVTN requests local league members concentrate on contacting our representatives in the US House of Representative to urge them to support passage of House Freedom to Vote Act H.R. 11.
Freedom to Vote Act 118th Congress (2023-2024) H.R.14 Introduced in House 9-19-2023, 215 co-sponsors. This bill addresses voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls. The bill establishes Election Day as a federal holiday.
The bill declares the right a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence.
The bill provides for election security, including requiring states to conduct post-election audits for federal elections. The bill outlines criteria for congressional redistricting and prohibits mid-decade redistricting. The bill addresses campaign finance by prohibiting campaign spending by foreign nationals and requiring disclosure of campaign-related fundraising and spending and establishes an alternate campaign funding system for certain federal offices.
Right to Vote Act 118th Congress (2023-2024) S.4 Introduced in Senate 4-29-2024, 49 co-sponsors. This bill addresses the right to vote in federal elections. Every citizen of legal age shall have the fundamental right to vote in federal elections. The bill prohibits federal, state, and local governments from impairing the ability to vote in federal elections unless the government action furthers important particularized government interest. A violation of rights created by the bill may be challenged in district court, and a prevailing plaintiff may receive attorney fees. The bill outlines judicial review standards for challenges to voting practices.
BACKGROUND: Why are these two bills creating such partisan furor and causing the legislation to be stalled in Congress?
The Voting Rights Act of 1965 was signed into law by President Lyndon Johnson during the height of the civil rights movement after the legislation passed the Senate by a vote of 77-19 and a House vote of 333-85. The act contained general provisions which applied nationwide, and special provisions which applied to certain states and local governments. The Civil Rights Act of 1963 and the Voting Rights Act of 1965 were legislative mandates that passed with overwhelming congressional support and strong presidential leadership to commemorate the memory and legacy of the recently assassinated President Kennedy.
The primary reason the Voting Rights Act of 1965 was thought to be necessary was individual states passed state legislation after Reconstruction creating barriers to voting during the century after the 13th Amendment prohibited slavery, and the 15th Amendment prohibited denials of the vote on account of race, color, or previous condition of servitude”. Congress enacted major amendments to the Act in 1970, 1975, 1982, 1992, and 2006. Originally set to expire in 1970, Congress repeatedly reauthorized the special provisions in recognition of continuing voting discrimination. June 25, 2013, the United States Supreme Court held Shelby County v. Holder, 570 U.S. 529 (2013) it is unconstitutional to use the coverage formula in Section 4(b) to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the 1965 Voting Rights Act. The effect of the Shelby County decision is that jurisdictions identified by Section 4(b) no longer need to seek preclearance for the new voting changes, unless they are covered by a separate court order entered under Section 3(3) of the Voting Rights Act. Since the Supreme Court, Shelby County v. Holder ruling, states have added nearly 100 restrictive laws governing election procedures and voter registration.
Congress can enact this new legislation to redefine the voting registration and voting rights with sufficient public and congressional support. You are encouraged to contact your congressional representatives. LWVTN recommends writing directly to your individual representative. Your letter could describe how laws implemented in our local jurisdiction might violate the Voting Rights Act if it were in place, and what challenges voters of color face in racially discriminating voting laws.
• Tennessee currently has an active policy to delete any voters who have failed to vote in two consecutive elections.
• Tennessee has the second-largest disenfranchised population in the country with more than 470,000, second only to Florida, and disenfranchises over 20% of its Black citizens, the highest rate of Black disenfranchisement in the country. April 18, 2024, the District Court for the Middle District of Tennessee ruled that the Election Division’s policies violate the National Voter Registration Act.
U.S. Representative 3rd Congressional District Chuck Fleischmann 202-225-3271; 2187 Rayburn House Office Building, Washington DC 20515; 202-225-3271; Oak Ridge Office: 200 Administration Rd, Suite 100, Oak Ridge TN 37830; 865-576-1976
Robert Walker, LWVOR 2nd Vice President