SUMMARY
Racial Discrimination in Voting
For Review of U.S. Compliance with CERD–August 2014
Introduction
The Leadership Conference on Civil and Human Rights and The Leadership Conference
Education Fund urge the committee to address widespread racial discrimination in voting that
remains a significant problem in our democracy, affecting the ability of voters of color to fully
participate in elections and civic life in violation of Article 5(c). We urge the committee to
address violations of the disparate impact doctrine and obstacles to voting imposed on individuals
belonging to national or ethnic minorities such as voter identification laws, district
gerrymandering and disenfranchisement of convicted felons, in line with themes 1(b) and 2(e) of
the combined seventh to ninth periodic CERD report.1
Weakening of the Voting Rights Act
Since the adoption of the Voting Rights Act in 1965, Section 5 has been an effective tool that
screened new voting practices within the states with the worst histories of racial voting
discrimination. Under Section 5, the Department of Justice (DOJ) or a federal district court would
scrutinize all new voting procedures before they could be put into effect to ensure that they were
free from racial discrimination. As a result, thousands of racially discriminatory voting changes
were blocked from going into effect and countless others were deterred.
In June 2013, in Shelby County v. Holder, the Supreme Court struck down Section 4(b), the
provision of the Act with the formula for identifying the covered jurisdictions, as
unconstitutional—thus rendering Section 5 inoperative. The Shelby decision made millions of
voters of color more vulnerable to voting discrimination by opening the door for formerly
covered areas to implement new and onerous restrictions on voting. For example, shortly after the
Court’s decision, the North Carolina legislature added numerous procedural barriers to its
election system by requiring a government-issued photo identification card for all in-person
voting, limiting early in-person voting, and prohibiting citizens from registering to vote in
conjunction with early voting.
Photo ID. Since 2012, more than 40 states have passed laws to require voters to show
government-issued photo identification prior to casting a vote during an election. These laws have
a disproportionate impact on voters who have historically been subject to discrimination and
voter intimidation, such as communities of color. For example, Tennessee enacted a law requiring
individuals to present government-issued identification in order to vote. Yet an estimated 25
percent of voting-age African Americans possess no government-issued identification. While
many states have made provisions for all eligible voters to obtain the requisite form of
identification, voters still have difficulty meeting these requirements. For example, approximately
1.2 million Black voters live more than 10 miles from their nearest identification-issuing office.
Voter Registration Act. The National Voter Registration Act (NVRA) has proven to be one of
the most effective means for registering hard-to-reach potential voters by providing registration
1
For more information see the Voting section of “Falling Further Behind: Combating Racial Discrimination in
America,” pgs. 28-24.
To View the Full Report Visit: http://www.civilrights.org/publications/reports/cerd-report-falling-furtherbehind/falling-further-behind.html
SUMMARY
Racial Discrimination in Voting
For Review of U.S. Compliance with CERD–August 2014
opportunities at public agencies. However, the Voting Section of the Department of Justice’s
Civil Rights Division has done little to enforce this landmark law.
Prison-Based Gerrymandering. The U.S. Census Bureau currently tabulates people in prison as
residents of their prison cells, not their homes. Since incarcerated persons in the United States are
disproportionately Black and Latino, and most prisons are built in disproportionately White rural
areas, counting Black and Latino prisoners to increase the populations of White legislative
districts dilutes minority voting strength statewide and enhances the voting strength of
predominantly White rural districts where prisons are typically located. Only four states have
passed legislation to end prison gerrymandering.
Proof of Citizenship. Because Americans of color are disproportionately likely to lack the kinds
of documents accepted as proof of citizenship, citizenship checks have a racially discriminatory
effect on Americans’ ability to cast ballots. Additionally, post-registration citizenship checks
largely focus scrutiny on naturalized citizens, and 75.4 percent of all naturalized citizens belong
to a racial or ethnic minority group.
Protecting Language Minority Voters. Citizens who are language minorities and are not yet
fluent in English, particularly those who are also racial or ethnic minorities, face discrimination
when attempting to vote, in the form of hostile and unwelcoming environments or the outright
denial to vote. They may also have difficulty understanding complex voting materials and
procedures and are often denied needed assistance at the polls.
DC Voting Rights. The District of Columbia’s lack of full voting representation in Congress has
a disparate racial impact, given that half of the city’s population is Black. The Inter-American
Commission on Human Rights expressed concern as to the possibility that the absence of
Congressional representation for the District of Columbia has had a disproportionate impact upon
the Black community residing in the District.
Questions for the United States Government
 What steps are the Obama administration taking to enforce all provisions of all federal
voting rights laws, including for language minority voters ? What steps is the
administration taking to demonstrate support, and to urge Congress to pass a law that
prevents the implementation of racially discriminatory voting changes?
 What type of actions will the Department of Justice take against states that have not
integrated voter registration into the protocols of its covered agencies, as well as states
that have done so only episodically? What steps will the federal government take to
encourage implementation by additional public agencies now covered as a result of the
exchanges under the Affordable Care Act?
How will the U.S. Census Bureau address the problem of prison-based gerrymandering
nationally and ensure that incarcerated people are counted as residents of their home
communities?
To View the Full Report Visit: http://www.civilrights.org/publications/reports/cerd-report-falling-furtherbehind/falling-further-behind.html