Issue Alert

WASHINGTON BUREAU ∙ NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
TH
1156 15 STREET, NW SUITE 915 ∙ WASHINGTON, DC 20005 ∙ P (202) 463-2940 ∙ F (202) 463-2953
E-MAIL: [email protected] ∙ WEB ADDRESS WWW.NAACP.ORG
ISSUE ALERT
DATE:
March 22, 2017
TO:
Concerned Parties
FROM:
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 52ND 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 (114th) 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 115th 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 115th Congress (2017 – 2018) 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.
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) 224-3121 (see message section, below).
 Write a Letter
A SAMPLE
To write letters to your Senators, send them to:
The Honorable (name of Senator)
LETTER IS
U.S. Senate
ATTACHED
Washington, D.C. 20510
To write a letter to your Representative, send it to:
The Honorable (name of Representative)
U.S. House of Representatives
Washington, D.C. 20515
 Send a Fax
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 E-Mail
To send an e-mail to your Senators, go to www.senate.gov; click on “Find Your
Senators”. Look up your Senators by state; go to their web sites for e-mail addresses.
To send an e-mail to your Representative, go to www.house.gov, 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) 463-2940.
MEMBERSHIP IS POWER! JOIN THE NAACP TODAY.
To become an NAACP member or to sign up for e-mail legislative and press updates, visit www.naacp.org
(date)
Sample Letter
The Honorable ___________________________
United States Senate / House of Representatives
Washington, D.C. 20510 / 20515
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 52nd 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.
WASHINGTON BUREAU ∙ NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
TH
1156 15 STREET, NW SUITE 915 ∙ WASHINGTON, DC 20005 ∙ P (202) 463-2940 ∙ F (202) 463-2953
E-MAIL: [email protected] ∙ WEB ADDRESS WWW.NAACP.ORG
Jurisdictions Previously Covered by
Section 5 of the 1965 Voting Rights Act
Prior to the 6-25-2013 Supreme Court decision in Shelby v. Holder
States Covered as a Whole Applicable Date Fed. Register
Alabama
Nov. 1, 1964
Alaska
Nov. 1, 1972
40 FR 49422 Oct. 22, 1975
Arizona
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Georgia
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Louisiana
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Mississippi
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
South Carolina
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Texas
Nov. 1, 1972
Virginia 1/
Nov. 1, 1964
Covered Counties in
States Not Covered as a Whole
30 FR 9897
Date
Aug. 7, 1965
40 FR 43746 Sept. 23, 1975
30 FR 9897
Aug. 7, 1965
Applicable Date Fed. Register
Date
California:
Kings County
Nov. 1, 1972
40 FR 43746 Sept. 23. 1975
Merced County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Monterey County
Nov. 1, 1968
36 FR 5809 Mar. 27, 1971
Yuba County
Nov. 1, 1968
36 FR 5809 Mar. 27, 1971
Yuba County
Nov. 1, 1972
Collier County
Nov. 1, 1972
41 FR 34329 Aug. 13, 1976
Hardee County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Hendry County
Nov. 1, 1972
41 FR 34329 Aug. 13, 1976
Hillsborough County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Monroe County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Bronx County
Nov. 1, 1968
36 FR 5809 Mar. 27, 1971
Bronx County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
Kings County
Nov. 1, 1968
36 FR 5809 Mar. 27, 1971
Kings County
Nov. 1, 1972
40 FR 43746 Sept. 23, 1975
New York County
Nov. 1, 1968
36 FR 5809 Mar. 27, 1971
Anson County
Nov. 1, 1964
30 FR 9897
Beaufort County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
41 FR 784
Jan. 5, 1976
Florida:
New York:
North Carolina:
Aug. 7, 1965
Bertie County
Nov. 1, 1964
30 FR 9897
Bladen County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Aug. 7, 1965
Camden County
Nov. 1, 1964
31 FR 3317
Mar. 2, 1966
Caswell County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Chowan County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Cleveland County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Craven County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Cumberland County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Edgecombe County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Franklin County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Gaston County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Gates County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Granville County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Greene County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Guilford County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Halifax County
Nov. 1, 1964
30 FR 9897
Harnett County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Hertford County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Hoke County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Jackson County
Nov. 1, 1972
40 FR 49422 Oct. 22, 1975
Lee County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Lenoir County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Martin County
Nov. 1, 1964
31 FR 19
Jan. 4, 1966
Nash County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Northampton County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Onslow County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Pasquotank County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Perquimans County
Nov. 1, 1964
31 FR 3317
Mar. 2, 1966
Person County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Aug. 7, 1965
Pitt County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Robeson County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Rockingham County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Scotland County
Nov. 1, 1964
30 FR 9897
Union County
Nov. 1, 1964
31 FR 5081 Mar. 29, 1966
Vance County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Washington County
Nov. 1, 1964
31 FR 19
Jan. 4, 1966
Wayne County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Wilson County
Nov. 1, 1964
30 FR 9897
Aug. 7, 1965
Shannon County
Nov. 1, 1972
41 FR 784
Jan. 5, 1976
Todd County
Nov. 1, 1972
41 FR 784
Jan. 5, 1976
Aug. 7, 1965
South Dakota:
Covered Townships in
States Not Covered as a Whole
Applicable
Date
Fed.
Register
Date
Michigan:
Allegan County:
Clyde Township
Nov. 1, 1972 41 FR 34329
Aug. 13,
1976
Saginaw County:
Buena Vista
Township
Nov. 1, 1972 41 FR 34329
Aug. 13,
1976
Cheshire County:
Rindge Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Coos County:
Millsfield
Township
Nov. 1, 1968 39 FR 16912
May 10,
1974
Pinkhams Grant
Nov. 1, 1968 39 FR 16912
May 10,
1974
Stewartstown
Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Stratford Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Grafton County:
Benton Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Hillsborough
County:
Antrim Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Merrimack
County:
Boscawen Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Rockingham
County:
Newington Town
Nov. 1, 1968 39 FR 16912
May 10,
1974
Sullivan County:
Unity Town
Nov. 1, 1968 39 FR 16912
May 10,
New
Hampshire: