PROTECTING MINORITY VOTERS 1 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS League in Anniston, Calhoun County Birmingham Alabaster Justice Mark Threat Hank Sanders, Alabama State Senator Bobby Harris, retired City Council member, City Council member, Bobby Harris, retired Alabama NAACP Eric Hutchins, Attorney, Alabama Voters President, Rimpsey, Freddy Helen Revis, Alabama Coalition for Immigrant Helen Revis, Alabama Coalition for Immigrant former City Council candidate, Rutledge, Richard Lee W. Loder, Founder, Gift Corps; Attorney Gift Founder, Loder, Lee W. NAACP Alabama Simelton, President, Bernard Virginia Volker John Harris, County Commissioner, Lee County John Harris, County Commissioner,
Rights Activists Committee Hapersville Birmingham Democratic Conference Democratic Conference Birmingham Ministries the Office of Judge J. Foy Guin, Jr., U.S. District U.S. Jr., Guin, Foy J. Judge of Office the Court for the Northern District of Alabama Mildred Bennett, NAACP Bennett, Mildred National Congress of Black Women National Congress Rev. Norman L. Gibbons Rev. Reverend Charles A. Dale Reverend PUBLIC TESTIMONY PUBLIC PANELISTS Southern Poverty Law Center Shirley Gavin Floyd, Business Manager, Civil Shirley Gavin Floyd, Business Manager, Shirley Middleton, Town Council Member, Council Member, Shirley Middleton, Town Scott Douglas, Executive Director, Greater Greater Director, Scott Douglas, Executive St. Methodist Paul’s Church SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Birmingham, Alabama Birmingham, WRITTEN TESTIMONY RECORDED OR Geraldine K. Jackson Catrena Norris Carter, CEO, Women of Will CEO, Women Carter, Norris Catrena Charles Hicks GUEST COMMISSIONERS GUEST Alabama NAACP Ann Gibbons, Attorney; formerly an Attorney in April 1, 2014 April 1, ALABAMA STATE HEARING HEARING STATE ALABAMA John C. Harris, former City Council candidate, John C. Harris, former City Council candidate, Jerome Gray, retired Field Director, Alabama Field Director, retired Gray, Jerome - - Section 2 oting Rights Gray stated that the local National 3 The lawsuit alleged that the City of Ever 4 As a result of the lawsuit, the City of Evergreen cannot of the lawsuit, the City of Evergreen As a result 5 Section 3 provides its own preclearance or “bail-in” mechanism. its own preclearance Section 3 provides 1 See, 42 U.S.C. Section 1973a. See, 42 Id. 1973a(c). See, 42 U.S.C. Section (S.D. Ala., Mar 20, 2013). Civ. No. 13-107-CG-M, 2013, 2013 WL 1163886 See, Allen v. City of Evergreen, Ala., decision to receive reinstatement of federal reinstatement decision to receive Holder jurisdiction since the Shelby County v. redraw districts without prior approval under Section 3 coverage, said Gray. said Gray. under Section 3 coverage, districts without prior approval redraw partner organizations contributed to making the event a success. Approximately 65 people 65 people a success. Approximately contributed to making the event partner organizations plans that he said reduced the ability of African Americans to join with progressive whites to the ability of African Americans to join with progressive plans that he said reduced minority voters in Alabama. Sanders testified about the impact Section 5 of the V minority voters in Alabama. Sanders testified about the impact Section Paul United Methodist Church in Birmingham, Alabama Support from national and local Alabama Support from in Birmingham, Church Paul United Methodist Hank Sanders, a long-time Alabama state senator and civil rights advocate, provided tes- provided Hank Sanders, a long-time Alabama state senator and civil rights advocate, a federal court before such changes may go into effect. a federal court before under Section 3 through the 2020 election cycle. under Section 3 through attended the three-hour hearing and heard from several panels of Alabama-based witnesses. several panels from heard hearing and attended the three-hour always enough to protect minority rights, citing DOJ’s approval of state and local redistricting of state and local redistricting approval minority rights, citing DOJ’s always enough to protect green had a record of discriminating against African-American voters, including by redrawing against African-American voters, including by redrawing of discriminating had a record green challenged the City of Evergreen in a Section 2 lawsuit, and Evergreen will now be covered will now be covered in a Section 2 lawsuit, and Evergreen challenged the City of Evergreen Shelby County v. Holder he noted that prior to the Shelby County v. elect candidates of their choice. However, oversight regarding that city’s voting practices. This was made possible by Section 3 of the voting practices. city’s that oversight regarding timony via a tape-recorded interview with staff of the Lawyers’ Committee for Civil Rights interview with staff of the Lawyers’ timony via a tape-recorded tion. Under Law on several topics relating to voting rights and the history of the struggles faced by Under Law on several topics relating In his opening remarks, Guest Commissioner Jerome Gray, the former Alabama Democratic Gray, Guest Commissioner Jerome In his opening remarks, district lines to dilute their vote. 3 jurisdictions must submit certain voting changes to the Department of Justice (DOJ) or to 3 jurisdictions must submit certain voting Conference field director, stated that his hometown of Evergreen, Alabama became the first of Evergreen, stated that his hometown field director, Conference ALABAMA STATE HEARING HIGHLIGHTS HEARING STATE ALABAMA Voting Rights Act. Voting 2 5 Id. 1 I. Vote Dilution II. Section 5 and the City of Alabaster, Shelby County Shelby Alabaster, of 5 and the City II. Section Association for the Advancement of Colored People and Democratic Conference successfully Democratic Conference People and Colored Association for the Advancement of Act had on minority voters in Alabama. He noted that the preclearance process was not process Act had on minority voters in Alabama. He noted that the preclearance 3 The National Commission on Voting Rights held a hearing on Tuesday, April 1, 2014, at St. held a hearing on Tuesday, Rights on Voting The National Commission and voter dilu (ID), felony disenfranchisement, topics included voter identification Testimony 4
PROTECTING MINORITY VOTERS 2 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS PROTECTING MINORITY VOTERS 3 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS ocedures at the ocedures Harris testified that as a 6 If an individual is unable to 8 According to the Alabama voter ID law, an individual to the Alabama voter ID law, According 7 See, Singer v. City of Alabaster, 821 So.2d 954 (2001), cert. denied, 535 U.S. 1053, 122 S.Ct. 1908, 152 L.Ed.2d 819 (2002). v. City of Alabaster, 821 So.2d See, Singer Ala. Code Section 17-9-30(a). Ala. Code Section 17-9-30(e). local level and that some changes may go unchallenged. local level and that being told they were not on the voter rolls and not provided with provisional ballots. Gibbons with provisional and not provided not on the voter rolls being told they were ballots” provisional told the town did not count that two African Americans “were reported concern that the polling location was closed early the 7 p.m. deadline and expressed before present one of the forms of identification listed in the statute and two election officials do not one present included. Harris ended up prevailing after the DOJ found that the City of Alabaster never after the DOJ found included. Harris ended up prevailing Bobby Lee Harris, a resident of the City of Alabaster in Shelby County, testified that the testified City of Alabaster in Shelby County, of the a resident Bobby Lee Harris, which ordinances 2000, the City of Alabaster approved 1995 to from DOJ determined that sought preclearance by submitting the ward changes before the election took place. Harris changes before by submitting the ward sought preclearance suspicious reasons. She testified that three poll watchers observed African-American voters She testified that three suspicious reasons. allowed to vote by regular ballot only if two election officials sign a sworn affidavit stating allowed to vote by regular found that the City of Alabaster failed to submit these changes for review, as required under under as required for review, of Alabaster failed to submit these changes found that the City candidate for City Council in 2000, he initially lost to a white candidate due to the fact that candidate for City Council in 2000, he order to be allowed to cast a ballot. to be order that the individual is a voter on the poll list who is eligible to vote. , however, Sanders noted that it , however, Holder In the aftermath of Shelby County v. to be precleared. the demographics of his district shifted when a majority-white subdivision – Weatherly – was when a majority-white subdivision – Weatherly the demographics of his district shifted to dissuade African Americans from voting. to dissuade African Americans from who does not have one of the forms of acceptable identification listed in the statute will be who does not have one of the forms of acceptable identification listed in would be impossible to file lawsuits on every single change made to voting pr to file lawsuits on every single change would be impossible was later defeated in a 2004 re-election bid and since then, no minority candidate has won a bid and since then, no minority candidate has won was later defeated in a 2004 re-election when they were turned away. She also testified that one polling location was closed early, was closed early, She also testified that one polling location turned away. when they were In 2011, Alabama passed a restrictive state law requiring voters to present a photo ID in voters to present state law requiring In 2011, Alabama passed a restrictive diluted the vote of African Americans in his ward, Ward One, through annexations. The DOJ through One, Ward African Americans in his ward, diluted the vote of decision, when changes were made to voting procedures at the local level, they would have level, they would at the local procedures made to voting when changes were decision, 8 Section 5 of the Voting Rights Act, and successfully sued the City. Section 5 of the Voting 6 City Council race in Ward One. City Council race in Ward 7 IV. Restrictive Voter ID Law in Alabama Voter ID Law in IV. Restrictive III. African Americans Turned Away from the Polls Turned Americans III. African Ann Gibbons, an attorney from Shelby County, testified that during the 2012 election cycle Shelby County, Ann Gibbons, an attorney from the polls for various turnedAfrican-American voters in Vincent, away from Alabama were Voters Voters 9 Individuals who do not have a photo ID may Individuals who do 10
11 Ala. Code Section 17-9-30(f)-(k). Ala. Code Section 17-9-30(d). Ala. Code Section 17-9-30(b).
burdensome to apply for one. burdensome knew him from his work as a state senator. Nevertheless, Sanders stated that he was forced he was forced Nevertheless, Sanders stated that his work as a state senator. knew him from polls, Sanders noted that in practice this will allow white people to vote without an ID, “but polls, Sanders noted that in practice to sign for not two people there because there’s black folks will not qualify for th[e] provision make to be eligible to vote. Sanders testified that during an election in at the polls in Alabama. For example, problems in Alabama can be costly and burdensome. She testified that, in her opinion, requiring voter She testified that, in her opinion, in Alabama can be costly and burdensome. suades the poor, young people, and the elderly from voting because they may not possess young people, and the elderly from suades the poor, spoke with the poll workers and representatives of the Board of Registrars, many of whom of the Board spoke with the poll workers and representatives Even before the photo ID law was enacted, Sanders testified that minority voters often had photo ID law was enacted, Sanders testified that minority voters often the Even before confirm his eligibility, the individual will only be allowed to vote via provisional ballot. to vote via provisional will only be allowed the individual his eligibility, confirm obtain an Alabama photo voter ID card for free. However, Alabama’s voter ID law makes it Alabama’s However, for free. photo voter ID card obtain an Alabama officials verify the voter’s eligibility if the voter lacks an acceptable form of identification at the officials verify the voter’s century.” Sanders noted that the law was enacted in 2011, but the state avoided seeking enacted in 2011, but the state avoided Sanders noted that the law was century.” casting absentee ballots are faced with the additional burden of being required to submit a of being required the additional burden faced with are casting absentee ballots with their completed ballot unless they forms of acceptable identification copy of one of the the required identification or the means to obtain acceptable identification. identification or the means to obtain acceptable the required to vote a challenged ballot. Sanders doubts that his vote was ever counted in that election. to vote a challenged ballot. Sanders them.” Sanders also testified that the Alabama statute makes it a felony to apply for a photo them.” Sanders also testified that the ID is similar to requiring a literacy test. Carter testified that the Alabama voter ID law dis- ID is similar to requiring ID is being implemented. Commenting on the requirement that a voter have two election on the requirement ID is being implemented. Commenting qualify for specific state or federal exceptions. qualify for specific voter ID card if a voter already has one, which he said could criminalize efforts people may if a voter already voter ID card September 2012, his name was not on the list of registered voters at his polling place. He on the list of registered September 2012, his name was not photo because it expected DOJ would object. After Shelby County, Section 5 preclearance Sanders testified that the Alabama voter ID law functions as “the literacy test of the 21st that the Alabama voter ID law functions Sanders testified Catrena Norris Carter, president and CEO of Women of Will, Women and CEO of testified that obtaining voter ID president Norris Carter, Catrena
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PROTECTING MINORITY VOTERS 4 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS PROTECTING MINORITY VOTERS 5 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Maricopa County Democratic Party for Women State University Center for Disability Law Network Arizona Pheonix, Arizona Institutional Baptist Church, Advocacy Network. Greg Jones, Election Integrity Chairperson, Greg Voters Rivko Knox, Arizona League of Women Democracy for America Jim Maleaky, Bishop Jeff Metcalfe, National Action Network National Organization Norwood, President, Tonya Educated Souls, LLC Rachel Phillips, Owner, John R. Lewis, Inter Tribal Council of Arizona, Inc. John R. Lewis, Inter Tribal Emeritus, Arizona Professor Doris Marie Provine, Arizona Peri Jude Radecic, Executive Director, Legal Fair Elections John Sherman, Staff Attorney, ACLU of Executive Director, Alessandra Soler, Mi Familia Vota State Director, Raquel Teran, Steve Titlla, Tribe San Carlos Apache First Senior Pastor, H. Stewart Sr., Warren Rev. Arizona Director, Executive Sam Wercinski,
Citizens Stanton Greg Board Students’ Association Sacks Tierney Arizona and Managing Parter, Commission, Navajo Nation Community American Legal Defense and Education Fund NAACP Arizona of Law, Academic Affairs and Professor Summit Law School AJ Bre’haut, U.S. Navy AJ Bre’haut, American Guzman, League of United Latin Lydia Mel Hannah, Policy Advisor to Phoenix Mayor Randall Holmes, Arizona Advocacy Network PUBLIC TESTIMONY PUBLIC PANELISTS Arizona Organizing Director, Casey Dreher, Judith Dworkin, Navajo Election Administration Perkins Coie Paul Eckstein, Attorney, Arizona Promise Petra Falcon, Executive Director, Apache County LeNora Fulton, County Recorder, Native Rights Gorman, Director, Leonard Patty Hansen, Coconino County Recorder Gila River Indian Mendoza, Governor, Gregory of Litigation, Mexican Nina Perales, Vice President Patty Ferguson-Bohnee, Director, Arizona State University College of Law Indian Legal Clinic State University College of Law Indian Arizona Director, Patty Ferguson-Bohnee, COMMISSIONERS GUEST Charles Fanniel, Arizona State Conference Hon. Penny Ladell-Willrich, Dean of Associate January 9, 2014 January 9, COMMISIONER NATIONAL ARIZONA STATE HEARING HEARING STATE ARIZONA Arizona State University College of Law Arizona Tempe,
2 On behalf of 1 . ierney testified that a or Arizona read of Arizona (testimony Voters by Rivko Knox) Fund Vince Attorney former Assistant Rabago, General State University student, Arizona Amy Umaretiya, Council of Arizona, Inc. Inter Tribal Mexican American Legal Defense and Educational NAACP National Action Network eliving below the American Indians and Alaska Natives are the racial/ethnic group with the greatest proportion of people poverty level: http://www.demos.org/sites/default/files/publications/IHS%20Report-Demos.pdf http://azcia.gov/ public/documents/text/idc006989.pdf, the Arizona Commission of Indian Affairs recognizes 22, see tribes_of_arizona.asp. Students Association League of Women President, 2 to the Ballot for American Indians & Alaska Natives” by Tova Andrea Wang, which notes that See also, “Ensuring Access 1 Though the U.S. Bureau of Indian Affairs only recognizes 21 Native American tribes, see http://www.bia.gov/cs/groups/ The second National Commission on Voting Rights hearing was held on Thursday, January 9, held on Thursday, Rights hearing was Voting The second National Commission on 70 peo- Approximately Arizona. of Law in Tempe, 2014 at the Sandra Day O’Connor College witnesses. Testimony four panels of Arizona-based from ple attended the hearing and heard law of citizenship proof voters, Arizona’s topics included voting barriers for Native-American voters, as well as the continued need for a and its impact on Latino and naturalized-citizen (DOJ) objections. United States Department of Justice light of recent in process preclearance Voters Barriers for Native-American I. Voting voters in Several witnesses testified about the continued barriers faced by Native-American to Steve Titla 22 Native-American tribes in Arizona. According of Titla are & Parsi PLLC, there Arizona, and a significant portion of land in Arizona is located in Indian country ACLU of Arizona Arizona Advocacy Network Arizona Center for Disability Law Voters Arizona League of Women Arizona State University Indian Legal Clinic Arizona Students’ Association HIGHLIGHTS HEARING ARIZONA STATE Michael Powell, Executive Director, Arizona Executive Director, Michael Powell, District 29 Representative, Martin Quezada, State WRITTEN TESTIMONY Robyn Prud’homme-Bauer, SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) the Navajo Election Administration in Arizona, Judith Dworkin of Sacks T roads, no paved are there reservations “where significant portion of Native Americans live on no government facilities, no employment, no street no stores, no running water, no electricity, no immediate access to the amenities that modern Americans take for granted.” addresses, These conditions present particular obstacles. These conditions present
PROTECTING MINORITY VOTERS 6 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS PROTECTING MINORITY VOTERS 7 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - - This failure to provide timely translations can result in the denial of access for voters in the denial of access translations can result timely to provide This failure 3 Counties, gov/rdo/pdf/2011_26293.pdf. The 11 counties covering Navajo nation are Apache, Coconino and Navajo Mexico; and San Juan Arizona; Bernalillo, Cibola, McKinley, Rio Arriba, San Juan, Sandoval and Socorro Counties, New County, Utah. with limited English proficiency. with limited English proficiency. 3 under Section 203 http://www.census. See, Bureau of Census, Voting Rights Act Amendments of 2006, Determinations C. Limited Early Voting Navajo can lead more reservations Dworkin also testified that limited early voting hours on additional challenges because while Ari- which then presents voters to vote on Election Day, required to furnish identification (ID) during early voting, they are not required zona voters are to do so if they vote on Election Day. B. Language Translations language communities. access for minority crucial to ensure Language accommodations are the Navajo Election Administration in Arizona, testified that Judith Dworkin, representing their native language, many with limited or no knowledge retain “Most Native American Tribes of the eleven counties covering the Navajo Nation [in Ari of the English language.” While “[a]ll A. Standard Physical Addresses A. Standard Physical Mendoza, gover including Gregory discussed by several witnesses, One of the main issues nor of the Gila River Indian Community, was the lack of standard physical addresses in Native physical addresses of standard was the lack Indian Community, nor of the Gila River not included sometimes Native American voters are communities. As a consequence of this, on provisional turned to rely away at the polls or made and are rolls on the voter registration the 2008 Arizona election, the candidacy of Navajo ballots. Gorman also testified that in included post petitions signature on the the addresses candidates was challenged because office boxes and not physical addresses. 203 language assistance under Section to provide required zona, New Mexico and Utah] are not always available when early voting Rights Act…[l]anguage translations are of the Voting begins.” - against Na of discrimination practices per Titla, widespread have been “[t]here Additionally, the effective- attempts to reduce been numerous have and there tive Americans in Arizona, of the Navajo Nation Human Gorman Leonard voting strength.” ness of Native-American to a statewide no Native American has ever been elected that recalled Rights Commission office in Arizona. om the
4 Unfortunately, Titla went on to testify, “Native voters still have a hard time receiving time receiving “Native voters still have a hard Titla went on to testify, Unfortunately, 5 Gonzalez v. State of Arizona, 435 F. Supp. 2d 997 (D. Ariz. 2006). a ballot at the polls. In some instances, the voters did have sufficient ID under the Special a ballot at the polls. In some instances, but the poll workers did not accept it.” for Native American Voters, Procedures - Na issues, and cultural reasons, translation issues, socioeconomic Because of language voter ID is not required—in where in person—as opposed to by mail, tive Americans vote voters. off-reservation higher numbers than Arizona Department of Transportation. One voter went to the Department several times Arizona Department of Transportation. only to be turned away because she was born at home, and the Department would not Indian Affairs.” of issued by the Bureau accept her Certificate of Live Birth document Native American voters filed a lawsuit challenging the voter ID In light of these problems, Rights Act. As Gorman testified, a settlement agreement under the Voting requirement at the polls for Native American that expanded the types of ID accepted was reached voters. Additionally, the types of ID initially accepted did not take into consideration the types of the types of ID Additionally, Titla, to easily accessible to Native-American voters. According “some documents that are time obtaining a photo identification fr Native American voters had a very difficult 5 v. Brewer, CV 06-1575-PHX-EHC. See, May 27, 2008 Stipulation of the Parties in Navajo Nation 4 of Arizona, Inc. et al., Plaintiffs, See Report of R. Anthony Sissons, Geo-Demographic Expert for the Inter Tribal Council E. Redistricting Titla process. stated that during the redistricting regarding was also presented Testimony for the San Carlos unsuccessful in advocating cycle, “advocates were the 2000 redistricting - in the majority-minority legislative district,” which he argued re to be included Apache Tribe redistricting during the most recent sulted in the dilution of the Native-American vote. Finally, was included in the majority-minority district. Titla pointed cycle, the San Carlos Apache Tribe Rights Act, the Commis- by Section 5 of the Voting out that “Because Arizona was covered of the Native American vote into consideration and sought sion took potential retrogression Native American majority-minority district. Withoutto maintain a robust Section 5, it is not of Native American would be taken to analyze the voting strength clear that similar measures voters in Arizona.” D. Voter ID D. Voter - all Arizona voters to pres 200, a law that requires passed Proposition In 2004, Arizona voters Titla of Titla that this law & Parsi PLLC testified place on Election Day. ent ID at the polling impacted Native 2006 and disproportionately in Indian voters in in a sharp decrease “resulted the following: including reasons,” Americans for several • •
PROTECTING MINORITY VOTERS 8 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS PROTECTING MINORITY VOTERS 9 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS e accepted. Proposition 200, Proposition 6 eclearance and discussed 6 See, http://www.azsos.gov/election/2004/info/PubPamphlet/english/prop200.htm III. DOJ Objections Witnesses Soler of the American Civil Paul Eckstein of Perkins Coie LLP and Alessandra Liberties Union of Arizona testified about the continued need for pr recent DOJ objections. DOJ recent Nina Perales of the Mexican American Legal Defense and Educational Fund testified about Educational Fund testified about Mexican American Legal Defense and Nina Perales of the passed by voters in 2004. 200, a law imposed by Proposition the burdens II. Proof of Citizenship II. Proof among other things, requires documentary proof of citizenship to register to vote. According According to vote. to register of citizenship documentary proof requires among other things, across impact on voter registrants negative a broad 200 has had to Perales, Proposition for rejected 200, over 30,000 individuals were enactment of Proposition Arizona. “Following subsequently registrants the rejected of .... [L]ess than one-third in Arizona voter registration drives also decreased in community-based registration to vote.” Voter successfully registered 200. following the enactment of Proposition by 44 percent Latinos have been particularly effects, however, broad Perales elaborated that “[d]espite its 200, ostensibly Proposition restrictions imposed by Arizona’s The voting affected by the law. at a time when Latinos not qualified to vote, come by immigrants who are to curb registration is engulfed in citizen voting age population and Arizona fastest-growing comprise Arizona’s Mexico living in the state.” from an often heated debate about immigrants Two of the forms the difficulties faced by naturalized citizens. discussed Perales, in particular, number and a the naturalization certificate 200 are of citizenship listed by Proposition of proof applicants using the naturalization certificate number have However, license number. driver’s used to confirm citizenship. Using the driver’s because that number cannot be been rejected because only those issued after 1996 ar license is also sometimes insufficient license, the applicant was not a citizen at the time that he obtained his driver’s if Furthermore, license database—which in turn lead to the will in the driver’s he will be listed as a foreigner application. of his voter registration rejection out that “[a] federal court in Arizona found that naturalized citizens will Perales pointed Lastly, are subsequently faced with either licenses and registering with their driver’s have difficulty with the naturalization certificate (often in person).” a new license or registering purchasing faced by naturalized citizens, Perales argued, “are The additional and unnecessary burdens 200 and its implementation by Arizona election of- and systemic to Proposition predictable ficials.”
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8 etrogressive effect, di- etrogressive In redrawing the lines, Eckstein claims, In redrawing 10
9 “failed to provide a sufficient number of districts that allowed“failed to provide a sufficient number Hispanic voters to elect the the Redistricting [the Department of Justice] stated that Specifically, candidates of their choice. a retrogressive effect on Hispanic voting strength in at least Map had 2001 Final Commission’s the Department of Justice District 23, In one of those districts, three of five legislative districts. reduction of Hispanic voting strength not only vio- found that the Redistricting Commission’s at least in part, ‘may also have been taken, Act of 1965 but Rights Voting lated Section 5 of the with a retrogressive intent.’” http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/l_030204.pdf http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/l_020520.pdf http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/l_020520.pdf http://www.azleg.gov/briefs/Senate/SCF%20ISSUE%20BRIEF.pdf See also, Arizona State Senate Nov. 30, 2012 Issue Brief: the commission made the Latino voting-age population more concentrated in one district, concentrated the commission made the Latino voting-age population more which “packed” the district. The packing, in turn, denied Latinos the fair opportunity to elect of their choice in a second district. state representatives 8 See also, DOJ’s May 20, 2002 determination letter: 7 See also, DOJ’s Feb. 4, 2003 determination letter: A. 2003 of Justice under in Arizona came in 2003, when the Department objection The most recent of a joint technologi- members elect board changes to proposed Bush objected to President Industry and Technology. Coconino Association for Vocations, cal education district—the B. 2002 by the rejected plans were redistricting past four statewide “Arizona’s Per Soler of the ACLU, in its objec- and Native American voters.” In particular, DOJ for discriminating against Latino found that the Arizona Indepen- plan, the DOJ tion to the 2001 state legislative redistricting of establishing that minority voters m[e]et its burden dent Redistricting Commission did “not of their choice in five districts.” will continue to be able to elect candidates Mr. Eckstein elaborated. In his words, the 2002 objection denying preclearance to the Redis- the 2002 objection denying preclearance Eckstein elaborated. In his words, Mr. legislative plan stated that the plan: 2001 tricting Commission’s The Department of Justice found that the change would have had a r Justice found that the change would The Department of of their choice. elect a representative for Native-American voters to minishing the opportunity Per Eckstein, after this 2002 objection, a three-judge district court approved an interim map an court approved district a three-judge Per Eckstein, after this 2002 objection, commission to draw permanent the redistricting for use in the 2002 elections but ordered 2010 elections. legislative lines for the 2004 through 9 See also, DOJ’s May 20, 2002 determination letter: 10
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1985: A 1985 plan to eliminate two polling places, implement a five-polling place rotation A 1985 plan to eliminate two polling places, 1985: Apache it had a County was rejected because and reduce polling hours in western system, discriminatory impact on Native-American voters. 1991: As Soler recalled, “[v]oter registration challenge and purge procedures were prevented and purge procedures were prevented “[v]oter registration challenge As Soler recalled, 1991: portion of the county’s where a significant in 1991 in Coconino County, from going into effect does not read or write English.” American population 29% Native 1992: A 1992 redistricting plan for Yuma County, along with an associated plan for precinct and along with an associated County, Yuma A 1992 redistricting plan for 1992: voting strength. by the DOJ because it diluted minority was rejected polling place changes, http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/AZ-1160.pdf http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/AZ-1110.pdf http://www.justice.gov/crt/records/vot/obj_letters/letters/AZ/AZ-1070.pdf https://www.azag.gov/sites/default/files/sites/all/docs/Opinions/2013/I13-008.pdf See also, DOJ’s Nov. 4, 1991 determination letter: See also, DOJ’s Aug. 16, 1985 determination letter: See also, DOJ’s Sept. 28, 1992 determination letter: 11 Notably, Soler also pointed out that “on August 29, 2013, Arizona Attorney General Tom Arizona Attorney Soler also pointed out that “on August 29, 2013, General Tom Notably, enacted state statutes and policies that were Horne that six previously issued a memo stating effective” as of the date of the Shelby but later withdrawn were submitted for preclearance two ad- a 2010 law that created Holder decision. Among those statutes was County v. the Maricopa Community College District. of ditional at-large seats on the GoverningBoard have been shown to dilute to single-member districts “Because at-large districts compared elect the candidates of difficult for minorities to and make it more minority voting strength the changes,” raised questions about what prompted their choice, the Department of Justice How- preclearance. failed to receive because it enforced Soler explained. “The law was never to fill in his August 29 memo, Horne would be moving forward announced that the state ever, 2014 election.” the two new seats in the November Per Soler, the following objections were also issued during the preclearance process: during the preclearance also issued were following objections the Per Soler, 12 13 14 See also, Attorney General Thomas C. Horne’s Aug. 29, 2013 memo: NAACP State NAACP Election Study of Maryland; LWVMD Voters Chair United County NAACP George’s School of Public and International Affairs & of the Maryland State Board Former Secretary of Elections DC of Washington, Voters Women Kim Keenan, General Counsel and Secretary, Counsel and Secretary, Kim Keenan, General Maryland Political Action Chair, Yeary, Todd Rev. League of Women Lu Pierson, past President, Communities Gloria Swieringa, Co-Chair, Rev. of the Prince 2nd Vice President Taylor, Sharon University of Baltimore John Willis, Professor, The League of President, Barbara Yeomans, Coalition of Elections County Board Prince George’s Jernigan Institute, Symposium Coordinator, National Federation of the Blind of Elections State Board Disability Law Center of the NAACP Maryland State Conference City Council & Takoma Force Task to Vote Member School of Law Lawyers’ Committee for Civil Co-Director, Rights Under Law PUBLIC TESTIMONY PUBLIC Fair Vote Rais Akbar, SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) School of Law University of Baltimore PANELISTS DC Civil Rights Lennox Abrigo, President, Daneen Banks, Deputy Elections Administrator, Manager and Law Project Lou Ann Blake, HAVA Maryland Nikki Charlson, Deputy Administrator, Maryland of Legal Advocacy, Alyssa Fieo, Director of the Elbridge James, 2nd Vice President Right Montgomery County Timothy Male, Chair, (Maryland, District of Columbia, and Delaware) and Delaware) of Columbia, District (Maryland, University Of Baltimore, John And Frances Angelos Law Center Baltimore, Maryland April 29, 2014 COMMISSIONERS GUEST of Baltimore University Gilda Daniels, Professor, League Henderson, The Urban J. Howard Rights Project Voting Johnson-Blanco, Marcia BALTIMORE REGIONAL HEARING HEARING REGIONAL BALTIMORE
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 12 PROTECTING MINORITY VOTERS 13 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS On April 29, 2014, voting rights advocates and members of the public gathered for a hearing for a hearing of the public gathered voting rights advocates and members On April 29, 2014, for Civil Rights Under Law and co- by the Lawyers’ Committee on voting rights convened 40 people attended the Approximately of Law. School of Baltimore hosted by the University and of election administration in Maryland testimony on various areas hearing, which included the District of Columbia. BALTIMORE REGIONAL HEARING HIGHLIGHTS: REGIONAL BALTIMORE League of Eastern Massachusetts Demos ACLU of Massachusetts Coordinator, Massachusetts Massachusetts Defense Alliance Association Darnell Williams, CEO, Urban and President of Legal Strategies, Vice President Wright, Brenda SW Boston Grassroots Sandra Kautz, Founder, Elainy Mata, student, Suffolk University Chris Robarge, Central Massachusetts Field Common Cause Pam Wilmot, Executive Director, Legislative Counsel, ACLU of Gavi Wolfe, Leila Quinn, Generation Citizen resident Grace Ross, Worcester Election Jonathan Simon, Executive Director, Ryan Thomas, student, Suffolk University Workshop Asian American Resource Phi Tran, Chinatown Residents Co-Chair, Henry Yee, Joint Committee on Elections; former member, Joint Committee on Elections; former member, Commission on Election Laws Massachusetts Lynn, Association Progressive Place Suffolk University Government Department Committee for Civil Rights and Economic Justice Disability Law Center MassVOTE Cause Massachusetts Development, Scholars Strategy Network PUBLIC TESTIMONY PUBLIC Michael Arnott, Cambridge resident former Chairman, Massachusetts John Businger, Association Chen, Chinese Progressive Karen Demos Lisa Danetz, Legal Director, Election Defense Alliance Mike Ferriter, Joseph, Member of Highlands Coalition, Wendy Chinese Member, Kinwah, Board Tong student, Suffolk University Chris Maynard, Andy Morgan, Public Policy Assistant, Rosie’s GUEST COMMISSIONERS GUEST and Chair, Rachael Cobb, Associate Professor Lawyers’ Rahsaan Hall, Deputy Director, PANELISTS Rhode Island Kate Bowden, Staff Attorney, MassVOTE Policy Director, Sara Brady, Executive Director, Cheryl Clyburn Crawford, Common Assistant Director, Creighton, Tyler and Outreach of Civic Director Green, Avi New Hampshire, Maine, Vermont, (Massachusetts, Island) and Rhode Suffolk University SchoolLaw Boston, Massachusetts 2014 March 31, COMMISSIONER NATIONAL George H. Bush Assistant AttorneyJohn Dunne, former under President General for Civil Rights BOSTON REGIONAL HEARING HEARING REGIONAL BOSTON
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 14 PROTECTING MINORITY VOTERS 15 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Secretary of the Commonwealth Elections of the Commonwealth Secretary Division Chris Robarge, Field Coordinator for the ACLU Chris Robarge, Field Coordinator Assistant Director Creighton, Massachusetts, and Tyler of Common Cause Massachusetts, speaking on efforts in the Boston Area. Election Protection John Marion, Common Cause Massachusetts John Marion, Common Counsel, Director/Legal Michelle K. Tassinari, of the NAACP Conference New England Area Massachusetts Progressive Springfield Institute Suffolk University Government Department Suffolk University Law School Urban League of Eastern Massachusetts Initiative Mack, Tony by (read Neighbor Massachusetts Table) Mass Voter The National Commission on Voting Rights The National Commission on Voting hearing in Boston on March held a regional School. 31, 2014, at Suffolk University Law by the Law- The event was co-sponsored Law yers’ Committee for Civil Rights Under DC, the Lawyers’ Commit- of Washington, tee for Civil Rights and Economic Justice of of Boston, and Access Strategies Fund Cambridge, Massachusetts. Approximately 50 voters, activists, and voting rights ad- witnesses about the from vocates heard voting challenges faced by voters with limited as well in the Boston area English proficiency as election administration issues in Massa- chusetts and Rhode Island. BOSTON REGIONAL HEARING HIGHLIGHTS BOSTON REGIONAL HEARING SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Union of Massachusetts American Civil Liberties Common Cause Massachusetts Demos — Massachusetts Voters League of Women MassVote MIRA Coalition Aleks Kajstura, Legal Director, Prison Policy Prison Director, Aleks Kajstura, Legal to Neighbor Director, Ivette Luna, Organizing WRITTEN TESTIMONY Yee testi- Yee 4 Above from left, Avi Green, Scholars Strategy Network; Green, left, Avi Above from former Elainy Mata, student at Suffolk University and poll worker for the City of Boston; Kate Bowden, attorney at the Rhode Island Disability Law Center; and Southwest Boston, of Grassroots Sandra Kautz, creator hearing. testifying at the NCVR Boston regional
1
The most recent law expired in 2013. law expired The most recent 2 3 2010 Mass. Acts Ch. 201. faces/tableservices/jsf/pages/productview.xhtml?src=bkmk gov/rdo/pdf/2011_26293.pdf. fied about the benefits of bilingual ballots, expressing frustration with having to galvanize the ballots, expressing fied about the benefits of bilingual by renewed are ballot provisions the bilingual years to ensure Chinese community every three the legislature. as they eliminate the voters’ privacy, also protect Kinwah pointed out that bilingual ballots both witnesses highlighted the assistance in the voting booth. Moreover, need for third-party native language, fact that new Americans can choose to take their citizenship exam in their avail- not their right to vote when the ballot and instructions are yet face obstacles exercising most comfortable. able in the language with which they are 3 2010 Mass. Acts Ch. 201. See, Oct. 18, 2005 Order in U.S. v. City of Boston, Civil Action No. 05-11598-EGY; 4 2 American Fact Finder for Boston, Mass., available at http://factfinder2.census.gov/ See, United States Census Bureau’s 1 See, Bureau of Census, Voting Rights Act Amendments of 2006, Determinations under Section 203 http://www.census. I. Language Access I. Language face with limited English proficiency Voters their right in exercising particular challenges Chen from and Karen to vote. Henry Yee Association andthe Chinatown Residents the Chinese Progressive Kinwah from Tong about the efforts of theAssociation testified in Boston over the pastChinese community bilingualdecade to obtain and institutionalize votersballots to facilitate full participation by While the City of Boston in their community. under Section 203 of the Voting is covered the city Rights Act, such coverage requires election services in Spanish only. to provide Boston has provided Chinese/English ballots Boston has provided with the U.S. Department of Justice and agreement in the past, pursuant first to a settlement because of state legislation. recently more However, in Boston, Chinese Americans are in Boston, Chinese Americans are However, the largest Asian-American ethnic group, totaling nearly 25,000 in the 2010 census.
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 16 PROTECTING MINORITY VOTERS 17 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Phi Tran, Asian American Resource Workshop, talking Workshop, Asian American Resource Phi Tran, the availability of bilingual about efforts to increase ballots in the Boston area.
5 faces/tableservices/jsf/pages/productview.xhtml?src=bkmk 5 States Census Bureau’s American Fact Finder for Boston, Mass., available at http://factfinder2.census.gov/ See, United Phi Tran of the Asian American Resource Resource the Asian American of Phi Tran Kin- and Yee’s echoed many of Workshop the statements in his testimony on wah’s need for Vietnamese/English bilingual ballots the in Boston. Vietnamese Americans are ethnic group second-largest Asian-American 11,000. totaling approximately in the city, According to Tran, two-thirds of the Vietnam- two-thirds to Tran, According has limited English ese population in Boston the need for which underscores proficiency, described and utility of bilingual ballots. Tran an bilingual ballots as a method of creating “even playing field” for Vietnamese voters, ob- and noted his belief, based on his own that servations working with the community, the availability of bilingual ballots contributed Vietnamese voter turnoutto increased from 2010 to 2013. Center of San Francisco Court (Ret.); Professor of Law Emeritus, U.C. Court (Ret.); Professor Davis School of Law for Prisoners with Children Institute Greenlining Director, Program Center for Regional U.C. Davis Director, Project Change California Hastings College of the Law and Counsel, Mexican American Legal Defense Educational Fund American Civil Liberties Union of California Peter Mendoza, Community Learning Resource Peter Mendoza, Community Learning Resource CountItAsCast.org, author Jim Sopher, All of Us or None Pamela Strong, Self-Help for the Elderly Tao, Lynn Turner Brent Frank Williams Cruz Reynoso, Justice of California Supreme Cruz Reynoso, Justice of California Supreme Legal Services Dorsey Nunn, Executive Director, Claiming Our Democracy Michelle Romero, California Civic Engagement Romero, Mindy Dr. University of Robert Rubin, Adjunct Faculty, and General Thomas A. Saenz, President Director, Rights Project Voting Lori Schellenberger, Common Cause NAACP Committee for Civil Rights of the San Francisco Bay Area Americans Advancing Justice - Los Angeles of Technology Americans Advancing Justice - Los Angeles Committee – Fresno PUBLIC TESTIMONY PUBLIC Jerry Elison Manuel Fontaine Sun Fung Gao David Gary Perry Grossman Arie Gutierez David Kerry Los Angeles Chris Lavin, Filipino Service Group, Matthew Martini GUEST COMMISSIONERS GUEST California Kathay Feng, Executive Director, California NAACP Alice A. Huffman, President, PANELISTS Western Regional Field Director, Sean Dugar, Lawyers’ Joanna Cuevas Ingram, Attorney, Orange County Registrar of Voters Neal Kelley, Asian Deanna Kitamura, Senior Staff Attorney, California Institute Professor, J. Morgan Kousser, Asian Director, Rights Project Eugene Lee, Voting Legal Aida S. Macedo, Election Protection Disability Rights California Nisen, Attorney, Fred CALIFORNIA STATE HEARING HEARING STATE CALIFORNIA University of California Hastings College of Law San Francisco, California January 2014 30, COMMISIONER NATIONAL United Farm Co-Founder, Activist; Social Justice Organizer; Huerta, Lifelong Community Dolores Huerta Foundation Dolores President, Workers;
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 18 PROTECTING MINORITY VOTERS 19 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - Fund Educational Fund Appointed Officials Local Government Law Manatt, Phelps & Phillips, LLP Manatt, Phelps & Phillips, Defense and Educational Mexican American Legal Morrison & Foerster National Action Network of Latino Elected and National Association O’Melveny & Myers LLP Institute The Greenlining TransPerfect Center for State and UC Hastings College of Law, On January 30, 2014, over 100 voters, activists and voting rights advocates gathered at the gathered On January 30, 2014, over 100 voters, activists and voting rights advocates their experi- University of California Hastings College of the Law in San Francisco to share ences of the voting challenges they continue to face in California at a hearing convened by for Civil the Lawyers’ Committee for Civil Rights Under Law and the Lawyers’ Committee WitnessesRights of the San Francisco Bay Area. to equal testified about continued barriers for voters in California, including the denial of equal participation in the democratic process for racial minority communities, continued barriers for voters with limited Eng representation Kimberly Thoms Rapp, Executive Director of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Kimberly Thoms Rapp, Executive Director that the NCVR California hearing. her opening remarks provides lish proficiency (LEP) and the disproportionate impact of felony disenfranchisement laws on (LEP) and the disproportionate lish proficiency communities of color. CALIFORNIA STATE HEARING HIGHLIGHTS CALIFORNIA STATE Altshuler Berzon LLP Union of CaliforniaAmerican Civil Liberties Justice – Los Angeles Asian Americans Advancing Communication Access Bay Area LLP Boies, Schiller & Flexner California Cause Common California Legal Assistance Foundation Rural NAACP California-Hawaii State Conference Disability Rights California Foundation Huerta Dolores Community Services Street Dolores & Ho Goldstein, Borgen, Dardarian SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) -
Witness Eugene Lee, of Asian Americans 4 Aida S. Macedo , former California Field Manager for spoke on voter intimidation at the Election Protection, California polls at the NCVR California state hearing.
The change would have 1 3 In 2003, a recall election in In 2003, a recall 2 WEEKLY, May 16, 2013, http://m.montereycountyweekly.com/opinion/forum/voting-rights-act-repeal-would-have- serious-consequences-in-monterey/article_9170a368-33af-5c9c-a3f9-ecdea957de36.html?mode=jqm http://www.justice.gov/crt/records/vot/obj_letters/letters/CA/CA-1050.pdf http://www.justice.gov/crt/about/vot/sec_5/covered.php Monterey County was also stopped by the Monterey had courts because the polling precincts been consolidated. undermined the strength of minority voters undermined the strength in the county. 3 Id. 4 See also, DOJ’s list of jurisdictions covered by Section 5 pre-Shelby: 2 Act repeal would have serious consequences in Monterey County, MONETARY COUNTY See, Luis Alejo, Voting Rights 1 See, DOJ’s March 29, 2002 determination letter: Robert Rubin, a leading voting rights attorneyin California, testified that “California voters harmed by their dismantle- but they are protections, Section 5’s have not only benefited from subject to Section in California counties were Holder, three ment.” Prior to Shelby County v. voting laws and procedures: making any changes to their by the DOJ before 5 preclearance and Kings County. County, Monterey County, Yuba I. Minority Representation I. Minority at the California a professor Morgan Kousser, testimony presented Institute of Technology, Act (“CVRA”), Rights on the California Voting in 2001 to curtail vote which was passed racial polarization in sys- dilution caused by elections. According tems that utilize at-large an ongoing study of K-12 school to Kousser, districts has found that since the passage of the CVRA, the number of school districts that have adopted district-based elections which has led to an increase has increased, However, in Latinos on the school boards. have been attempts by jurisdictions there the CVRA. For example, to work around - Kousser testified that in 2002, the Depart change ment of Justice (DOJ) objected to a district elections to at-large elections in from District the Chualar Union Elementary School County. in Monterey Advancing Justice—Los Angeles (AAAJ), elaborated that “Asian-American communities in Advancing Justice—Los Angeles (AAAJ), elaborated that “Asian-American California ... face racially polarized voting, which when coupled with certain election struc
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 20 PROTECTING MINORITY VOTERS 21 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS alnut (2007) and For Latino citizens who speak 5 According to Kelley, Orange County’s comprehensive language access program language access program comprehensive Orange County’s to Kelley, According 6 of the disenfranchisement of eligible citizens. See, Terin M. Barbas, Note, We Count Too! Ending the Disenfranchisement Limited English Proficiency Voters, 37 FLA. ST. U. L. REV. 189, 201-02 (2009). bill/asm/ab_0801-0850/ab_817_cfa_20130614_131025_sen_comm.html employs procedures to ensure that language translations are accurate, updated and that language translations are that ensure to employs procedures by witnesses at the hearing, as reported the target communities. Unfortunately, they reach California.of parts in persist Kita- decade, last the in For example, problems access language Rights Act were lawsuits under Section 203 of the Voting mura noted that four enforcement - with language require to comply the DOJ against California by counties for failure brought of W ments: San Diego County (2004), the City of Rosemead (2005), the City Alameda County (2011). - Claiming Our Democracy Pro Institute’s of the Greenlining director Michelle Romero, Lastly, testified Romero as a major barrier. English-only initiative process gram, identified California’s California in determining policy in plays a crucial role ballot initiative process that California’s to the process silences and excludes LEP voters from and that the English-only process 5 and limited legal protections of LEP voters can ultimately lead to A lack of proper training or planning by election officials 6 These multilingual election services are required by California state law (AB 817). http://www.leginfo.ca.gov/pub/13-14/ Mindy Romero of the California Civic Engagement Project at the UC Davis Center for Re- at the UC Davis Center of the California Civic Engagement Project Mindy Romero about the challenges faced by LEP Deana Kitamura of AAAJ testified gional Change and has research to Romero, right to vote. According their fundamental voters in exercising access and voter participation rates (which shown a clear association between language assistance). is, in part, due to uneven access to language II. Language Access II. Language tures, creates the potential for dilution of Asian-American voting strength.... If forced to rely on to rely If forced strength.... voting of Asian-American for dilution the potential creates tures, uphill battle in asserting challenges to communities face an Section 2 alone, Asian-American and unfairly drawn districts.” at-large election systems little English, Romero stated that access to Spanish-language ballots increases turnout and stated that access to Spanish-language ballots increases little English, Romero testified that structural barriers, such as Romero influences election outcomes. Furthermore, rates for naturalized a primary contributor to lower registration lack of language access, are assistance mandated by federal law language citizens. Kitamura testified that comprehensive and turnout communities. For example, in Asian-American registration voter has increased language program, County adopted a comprehensive Kitamura testified that once San Diego and increased in the Filipino-American community by 20 percent increased “voter registration in the Vietnamese-American community.” by 40 percent California, testified about the importance of voters for Orange County, registrar Neil Kelley, election services in eight he said, provides language access. Orange County, of providing and Viet- Spanish, Tagalog, Korean, Japanese, Khmer, languages, including Chinese, Hindi, namese. epresented epresented Lori Shellenberger, Director of the Voting Rights Project Rights Project of the Voting Director Lori Shellenberger, her testimony. at the ACLU California shares Although California 8 As a result, equal access As a result, 9 African-American and Latino males 7 offender/#California content/pubs/jtf/JTF_PrisonsJTF.pdf Id. made up a disproportionate 70 percent 70 percent made up a disproportionate 98,000 inmates) of the adult- (approximately male prison population. to the ballot for persons with felony convic- in a serious problem tion histories remains California for the minority community. automatically restores the voting rights of the automatically restores - persons convicted of a felony upon comple tion of their felony sentence and discharge Dorsey Nunn, executive director parole, from of legal services for Prisoners with Children, testified that many of these individuals who in underrepresented to vote are eligible are the California electorate due to misinforma- tion and lack of information (i.e., they think they cannot vote because of the former felony conviction). 8 9 See also, Voting as an Ex-Offender: State by State, Nonprofit VOTE: http://www.nonprofitvote.org/voting-as-an-ex- 7 2013), http://www.ppic.org/ See, California’s Changing Prison Population, Public Policy Institute of California (June III. Disenfranchisement of Minority Californians Who Complete Californians Minority of III. Disenfranchisement from Parole Been Discharged Felony Sentences and Have 144,000 approximately were In 2011, there inmates in the California state prison sys- tem. - English-only pro testified that the Romero it on the ballot. which initiatives make determine One example of gatherers. signature LEP voters to manipulation by paid cess also subjects American and general counsel of the Mexican A. Saenz, president this was cited by Thomas testified that MALDEF r Educational Fund (MALDEF). Saenz Legal Defense and number in English in a district with a large was circulated petition that challengers to a recall after being told that a number of people signed the petition to Saenz, LEP voters. According in the petition resulted said Saenz, of something else. Ultimately, signing in support they were the support of the Latino com- to have appeared member who of a school board the recall is some confusion about how federal that there also testified Romero munity in that district. materi- and recall should be applied to initiative, referendum, language assistance provisions that to ensure this lack of clarity in the law needs to be addressed to Romero, als. According participating. communities from language barriers do not hinder LEP
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NATIONAL COMMISSION ON VOTING RIGHTS 22 PROTECTING MINORITY VOTERS 23 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS
Lawyers’ Committee for Civil Rights Under Law Lawyers’ Committee Voters League of Women Chair, Voters; Women Education Fund Elections Advocates Royal Mayo Jaquetta Sanders Sr. Dale B. Snyder, Rev. 25th District, Ohio State Senator, Nina Turner, Bob Kengle, Voting Rights Project Co-Director, Co-Director, Project Rights Bob Kengle, Voting League of Elizabeth MacNamara, President, Ohio NAACP Sybil McNabb, President, of Cuyahoga County Board Sandy McNair, Fund NAACP National Vote Moore, Greg Ohio Voice Reese, Deidre Norman Robbins, Northeast Ohio Voter Roberts, NAACP Political Action Center Tom of Ohio Voters Peg Rosenfeld, League of Women Ohio Unity Coalition Petee Talley, Cleveland Election Protection Jocelyn Travis, Common Cause of Indiana Julia Vaughn, Camille Wimbish, Ohio Vote
District, Ohio Ward Indiana Leadership Conference on Civil and Human on Civil Leadership Conference Rights and the Leadership Conference Education Fund Court of Appeals for the Sixth Circuit (Indiana and Ohio) (Indiana WRITTEN TESTIMONY 75th House Kathleen Clyde, Representative, Bentley Davis PUBLIC TESTIMONY PUBLIC Carlos Buford DePaola Carole Kilcup Gregory PANELISTS of Elections Franklin County Board Bill Anthony, Barbara Bolling, Indiana NAACP Jason Boylan, Disability Rights Ohio Fifth Phyllis Cleveland, Councilwoman, Cleveland Gary Daniels, ACLU of Ohio of Ohio Voters Carrie Davis, League of Women CASE-OH Adele Eisner, Ellis Jacobs, Advocates for Basic Legal Equality of Voters League of Women Leonard, Kay Karen Karla Lortz, Disability Rights Advocate GUEST COMMISSIONERS GUEST and CEO, President C. Henderson, Wade Judge, U.S. Hon. Nathaniel Jones, Attorney; ret. The Vern RiffeThe Center Vern for the Arts and Government Ohio Columbus, May 30, 2014 COLUMBUS REGIONAL HEARING HEARING REGIONAL COLUMBUS Adele Eisner, member of Case Ohio, voices her Adele Eisner, voting machines due to concerns about electronic mishaps in the 2000 election. Northeast Ohio Voter Advocates Advocates Northeast Ohio Voter Ohio AFL-CIO of the NAACP Ohio State Conference Ohio Unity Coalition Ohio Voice I. Registration Barriers in Ohio Barriers in I. Registration testimony on Advocates, provided the Northeast Ohio Voter Norman Robbins, representing to vote. He calculates that 400,000 low-income Ohioans the impact of barriers to registering calculations indicating that, in to vote. In addition, Robbins presented not registered are of the population 30 percent African Americans make up approximately Cuyahoga County, He pointed to several factors that he believes of the invalid voter registrations. but 61 percent First, he said that after the 2012 election, voter registrations contributed to this disparity. COLUMBUS REGIONAL HEARING HIGHLIGHTS COLUMBUS REGIONAL HEARING vot- On May 30, 2014, voters, activists, and at the Vern ing rights advocates gathered Riffe Center for the Arts and Government in Columbus, Ohio at a hearing convened Rights by the Lawyers’ Committee for Civil Witnesses testified about con- Under Law. in the tinued barriers to equal participation for voters in Ohio and democratic process Indiana, including opportunities for minority and vote, voter sup- communities to register efforts, and the disproportionate pression on impact of changes in early voting laws - repre minority communities. Julia Vaughn, that senting Common Cause Indiana, noted “voter ID is the Indiana law that has gotten have been further all the attention, but there and accessible efforts to chip away at free voting, and that is very disturbing.” SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Legal Equality Advocates for Basic (CASE-OH) Elections Secure Citizens Alliance for Common Cause Ohio NAACP of the Indiana State Conference of Ohio Voters League of Women Fund NAACP National Voter
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 24 PROTECTING MINORITY VOTERS 25 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - Sec- 1 Daniels testified that In response to this In response 4 2 Secretary of State John Husted also issued a directive banning early voting on directive of State John Husted also issued a Secretary 3 experience, available at http://www.nova-ohio.org/DECREASED%20 findings, analysis and suggestions based on Ohio’s VOTER%20REGISTRATION%20AT%20PUBLIC%20ASSISTANCE%20AGENCIES%20report%209-3-13.pdf. www.thenation.com/blog/179626/aclu-lawsuit-ohio-early-voting-cuts-violate-voting-rights-act. rules, eliminate six days of early voting, Cleveland Plain Dealer (Feb. 19, 2014, 7:24 PM), http://www.cleveland.com/ open/index.ssf/2014/02/ohio_house_passes_bills_to_cha.html Challenging sites/default/files/assets/ohio_complaint.pdf; see also Press Release, ACLU, ACLU Files Federal Lawsuit Ohio’s Latest Attempts to Slash Early Voting Opportunities (May 1, 2014), available at https://www.aclu.org/voting- rights/aclu-files-federal-lawsuit-challenging-ohios-latest-attempts-slash-early-voting. evenings and Sundays. According to Daniels, “[t]he effect [of these measures] is to eliminate [of these measures] to Daniels, “[t]he effect evenings and Sundays. According took advantage of in 2012.” specific voting days that 157,000 Ohioans 1 registration at public assistance agencies after the 2012 Presidential election -- See also, Norman Robbins, Decreased voter 2 Act, Nation (May 1, 2014, 9:59 AM), See, e.g., Ari Berman, ACLU Lawsuit: Ohio Early Voting Cuts Violate Voting Rights 3 S.B. 238, 130th Gen. Assemb., 2013-2014 Sess.; see also Jackie Borchardt, Ohio House passes bills to change absentee ballot 4 available at https://www.aclu.org/ See, e.g., Complaint at 1, NAACP v. Husted, No. 2:14CV-404 (S.D. Ohio May 1, 2014), II. Reduced Early Voting in Ohio in Voting II. Reduced Early voting will have on on the impact that limits on early testimony provided Several witnesses of the American Civil to Gary Daniels, Associate Director minority communities. According the 2004 election, long lines caused “an estimated Liberties Union (ACLU) of Ohio, during locations without casting a ballot.” 130,000 voters to leave their polling originating at the Ohio Department of Jobs and Family Services, the largest public assistance the largest public Family Services, of Jobs and at the Ohio Department originating about half of what they used to be. have remained and dropped agency in the State, “African-American voters are much more likely than white voters to vote in person during the likely than white voters to much more “African-American voters are problem, Ohio expanded early voting opportunities. Robbins testified that, in the elections Ohio expanded early voting opportunities. problem, Americans us[ed] early in-per number of African held with early voting, “an out-of-proportion 238, which eliminated an overlap in the registration son voting.” In 2014, Ohio enacted S.B. as “golden week,” as well as the final two days of period and the early voting period known early voting. ond, people living in “the lowest income, heavily minority areas” move more frequently than frequently move more areas” in “the lowest income, heavily minority ond, people living or voter registration that they will have to update their meaning groups, other demographic ballot. vote by provisional - - - , significant disparities
6 - consolida of precinct In addition, he testified that the degree 7 arly voting of Sunday early voting that the elimination Daniels testified In addition, 5 Husted, No. 2:14-CV-00404 (S.D. Ohio June 30, 2014), available at in Ohio by Dr. Daniel A. Smith at 31-32, NAACP v. Norman Robbins, Ne. Ohio Voter Advocates, Effects of moritzlaw.osu.edu/electionlaw/litigation/documents/Ohio192.pdf; voting in Ohio in 2012, as of Aug. 17, 2012 1 (2013), available at nova- legislation and Directives on early in-person (EIP) ohio.org/Effects%20of%20legislation%20and%20Directives%20on%20early%20in-person%20(EIP)%20voting%20in%20 have “fair” and sensible Ohio%20in%202012.pdf; Norman Robbins, Ne. Ohio Voter Advocates, Update, 9-27-12: Does Ohio rules for early in-person (EIP) voting? 1 (2012), available at http://www.nova-ohio.org/36627343_Update%209-27- e.g., Russell Weav 12%20Does%20Ohio%20have%20fair%20rules%20for%20early%20in-person%20voting.pdf. See also, Policy 7 (2006), available at socrates.berkeley.edu/~raphael/BerubeDeakenRaphael.pdf. County, Ohio: A er & Sonia Gill, Lawyers’ Comm. for Civil Rights Under Law, Early Voting Patterns by Race in Cuyahoga Statistical Analysis of the 2008 General Election 10 (2012), available at http://www.lawyerscommittee.org/admin/site/ in Cuyahoga County, documents/files/EarlyVoting_Cuyahoga_Report.pdf (“[R]elative to whites, African American voters & Mark Salling, Ne. Ohio disproportionately voted early in person during the 2008 General election.”); Norman Robbins General Election 2008, Ohio Voter Advocates, Racial and ethnic proportions of early in-person voters in Cuyahoga County, and implications for 2012 3 (2012), available at http://nova-ohio.org/Racial%20and%20ethnic%20proportions%20of%20 Americans and dispro early%20in-person%20voting.pdf (Early in-person “voting was disproportionally used by African that voted by mail or portionately less used by white voters, in both cases in comparison to the percentages of both groups 2 (2012), available at on election day . . . .”); Daniel Brill, Franklin County Board of Elections, 2008 Early In-Person Voting Franklin County, “a http://www.scribd.com/doc/102466324/2008-Early-In-Person-Voting-in-Franklin-County-Ohio (In disproportionately higher amount of African Americans utilized EIP voting . . . .”). will hinder “Souls to the Polls,” a popular initiative that brought thousands of church-going thousands of church-going the Polls,” a popular initiative that brought will hinder “Souls to the National Association for the Ad- Roberts of Tom to to vote. According African Americans 2008, African-American in a sample Ohio county “[i]n People (NAACP), vancement of Colored of weekend voters.” 56 percent voters were tion in urban counties significantly outpaced other parts of the state. Jacobs testified that tion in urban counties significantly outpaced In Cuyahoga County the state have dramatically consolidated precincts. counties across in Hamilton County (Cincin- by 26 percent, was reduced (Cleveland), the number of precincts 5 and Whites of Effects of Senate Bill 238 and Directive 2014-16 on Early In-Person (EIP) Absentee Voting by Blacks Analysis 6 Robbins & Stalling, supra note 5, at 1. 7 Rates: Implications for Evacuation Alan Berube et al., Socioeconomic Differences in Household Automobile Ownership early-voting period.” early-voting Ohio in Consolidations III. Precinct Coalition in Dayton, Protection Voter Ellis Jacobs, an attorney working with the Miami Valley and polling places. Reducing the of precincts testimony on the consolidation Ohio, provided impacts “African-American neighbor disproportionately in urban areas number of precincts hoods, low-income neighborhoods… [because] the people that live there are much more much more are [because] the people that live there hoods, low-income neighborhoods… further testified that nationally likely not to own vehicles,” he said. He white and African American households. According exist in automobile ownership between while Americans live in households that do not own a car, of African 19 percent to one study, of whites do. only 4.6 percent
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 26 PROTECTING MINORITY VOTERS 27 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - 8 Petee Talley, Secretary-Treasurer of the AFL-CIO and of of the AFL-CIO Secretary-Treasurer Petee Talley, votes the Ohio Unity Coalition, speaking on miscounted election. in the 2000 Presidential A lawsuit challenged the Lake County Board of A lawsuit challenged the Lake County Board 10 - Cleveland testified 9 loads/Broadway-SlavicVillage.pdf. www.cleveland.com/metro/index.ssf/2013/12/early_voting_legislation_a_dis.html Central, City of Cleveland (last visited Aug. 1, 2014), planning.city.cleveland.oh.us/2010census/downloads/Central.pdf; Broadway-Slavic Village, City of Cleveland (last visted Aug. 1, 2014), planning.city.cleveland.oh.us/2010census/down Ind. Code Ann. § 3-11-10-26.
10 8 voters, Cleveland Plain Dealer (Dec. 2, 2013, 1:00 PM), http:// Ellis Jacobs, Early voting legislation a disservice to Ohio 9 Kinsman, City of Cleveland (last visited Aug. 1, 2014), planning.city.cleveland.oh.us/2010census/downloads/Kinsman.pdf; V. Early Voting in Indiana in V. Early Voting testimony provided of the NAACP, of the Indiana State Conference Barbara Bolling, President early voting Indiana in 2008. Under Indiana law, on early voting challenges to Lake County, approves of elections office, unless the county board can only take place in a county clerk’s in the county. early voting centers elsewhere that her “community was targeted for voter that her “community was targeted for fraud said] ‘Voter [that billboards suppression and [they] listed the penalties, is a felony,’ and a half years, $10,000 fine.” Sixty three in low-income appeared of these billboards and and minority communities in Columbus heard Cleveland. Cleveland testified that she voters, who would many concerns from not “going to take a often decide they were or have chance and vote and to go to prison afford.” to pay a large fine that I can’t IV. Voter Suppression in Ohio in IV. Voter Suppression Ward represents Phyllis Cleveland, who City Council in Ohio, 5 on the Cleveland suppression testimony on voter provided that she She indicated efforts in her ward. communities of the poorest “three represents Kins- in Cuyahoga County[:]… Central and African- about 95 percent man [which] are area, American [and] [t]he North Broadway 40 to 50 per which… is now approaching cent African-American.” nati) the number of precincts was reduced by 23 percent, and in Lucas County (Toledo) the County (Toledo) and in Lucas by 23 percent, was reduced of precincts nati) the number by 28 percent. was reduced number of precincts - After ex- 13 e was unanimous Hammond and East Chicago also have significant Latino populations Chicago also have significant Latino Hammond and East 12 According to 2010 census data, African Americans make up 84.8 per data, African Americans make up 84.8 to 2010 census According 11 Census Bureau, http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=DEC_10_SF1_QTP3 and Hispanic or Latino Origin: 2010: 2010 Census Summary File 1: (last visited Aug. 4, 2014); Community Facts: Race Hammond city, Indiana, U.S. Census Bureau, http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview. 4, 2014) (“Hammond Table”); Community Facts: Race and Hispanic or xhtml?pid=DEC_10_SF1_QTP3 (last visited Aug. East Chicago city, Indiana, U.S. Census Bureau, http://factfinder2. Latino Origin: 2010: 2010 Census Summary File 1: (last visited Aug. 4, 2014) (“East census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=DEC_10_SF1_QTP3 Chicago Table”). Hispanic or Latino Origin: 2010: 2010 Census Summary File 1: Gary city, Indiana, U.S. Community Facts: Race and supra note 13. Hammond Table, supra note 13; East Chicago Table, Sup. Ct. Lake Cnty. 2008). Curley v. Lake Cnty. Bd. of Elections and Registration, No. 45D02-0810-PL-00190 (Ind. making up 34.1 percent and 50.9 percent of each city’s population, respectively. population, of each city’s percent and 50.9 making up 34.1 percent cent of Gary’s population, 22.5 percent of Hammond’s population, and 42.9 percent of East percent population, and 42.9 of Hammond’s population, 22.5 percent cent of Gary’s population. Chicago’s 11 12 Elections’ practice of permitting early voting at circuit court clerk’s offices in Gary, Hammond, in Gary, offices clerk’s court circuit early voting at practice of permitting Elections’ and East Chicago. tensive litigation, the County was permitted to continue its practice of allowing early voting at its practice of allowing early voting County was permitted to continue tensive litigation, the offices in these cities. court clerk’s the circuit - pro of Indiana, also Voters of Women of the League former president Kay Leonard, Karen stated that “after 2012… it voting laws in 2012. Leonard vided testimony on changes in early voting at satellite locations, unless ther became impossible… to offer early among the county elections board.” agreement 13
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 28 PROTECTING MINORITY VOTERS 29 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Older People Colorado Montana Wyoming State Area State Area Colorado Montana Wyoming Conference and County of Denver County Association The Legal Center for People with Disabilities and The Legal Center for People with Disabilities The Sweetser Law Firm, P.C. Rosemary Harris Lytle, President, NAACP President, Rosemary Harris Lytle, Zakhem Law Firm Johhn Zakhem, President, of Elections, City Amber McReynolds, Director Roman Montoya, Deputy Clerk, Bernalillo County Alliance Nadine Padilla, Native American Voters Mesa County Clerk and Recorder, Sheila Reiner, Colorado Indian Bar Chair, Jennifer Weddle,
Committee Secretary of State Office Secretary Arapahoe County Mi Familia Vota Director, James Johnson, Chair, NAACP Colorado Montana Wyoming State Area Conference NAACP Colorado Montana Wyoming State Area James Johnson, Chair, SUPPORTING ORGANIZATIONS (NOTEXHAUSTIVE) Colorado Common Cause Colorado Lawyers Committee Common Cause New Mexico of the Colorado Lawyers Force Elections Task University of Denver Sturm College of Law, PUBLIC TESTIMONY PUBLIC Ariel Bickel, New Mexico Vote Matters Ariel Bickel, New Mexico Vote of Elections, Colorado Judd Choate, Director Matt Crane, County Clerk and Recorder, former Colorado State Grace Lopez-Ramirez, Dr. Lonna Atkeson, University of New Mexico Lonna Atkeson, University Dr. New Mexico State Senator, Dede Feldman, former PANELISTS March 7, 2014 March 7, COMMISSIONERS GUEST DENVER REGIONAL HEARING HEARING REGIONAL DENVER Mexico) and New (Colorado Sturm College of Law Denver, Colorado ed at the esentations at the New Mexico hearing. Ariel Bickel, Owner of Chispa Consulting, formally with Matters dispelling myths on minority New Mexico Vote voter participation. Both Nadine Padilla of Native American in New Mexico and Jennifer Alliance Voters chair of the Colorado Indian Bar Weddle, Association, spoke of Native-American voters being intimidated at the polls or given about polling locations. information wrong to Padilla, Native-American voters According in New Mexico have experienced “tow trucks going into polling locations in Native communities looking for license plates behind on their numbers of people who are On March 7, 2014, at a National Commission on Voting Rights public hearing organized by Rights public hearing on Voting 7, 2014, at a National Commission On March Under Law and partners (including the Colorado the Lawyers’ Committee for Civil Rights and election administrators gather Lawyers Committee), voting rights advocates their experiences with initiatives to of Denver to share Sturm College of Law at the University as well as ongoing voting challenges faced elections in Colorado and New Mexico, improve persons. by Native Americans, Latinos and disabled Barriers and Language Voters: Intimidation American I. Native From left, Commissioners Rosemary Harris Lytle, President of the Colorado/Montana/Wyoming NAACP state of the Colorado/Montana/Wyoming President left, Commissioners Rosemary Harris Lytle, From of Zakhem Law Firm; and Lonna Atkeson, University of New Mexico; Chair John Zakhem, President Dr. conference; Mexico, seated during pr Dede Feldman, former state senator for New DENVER REGIONAL HEARING HIGHLIGHTS REGIONAL DENVER
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 30 PROTECTING MINORITY VOTERS 31 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS edibly difficult, and transla- Amber McReynolds, Director of Elections for the Amber McReynolds, Director speaking at the NCVR City and County of Denver, hearing. Denver regional tors are often not available at polling locations. tors are car or truck payments, and word will get around pretty quickly and that will discourage voters that will discourage quickly and pretty will get around word payments, and car or truck being slashed tires of reports were last elections in 2012 there going to the polls. In the from going to vote.” of everyone that was voters have faced In both states, Native materials, lack of with translation of problems and limited access to translators at the polls “the to Weddle, polling locations. According spoken by Native vot- diversity of languages who ers and the physical seclusion of those in Indian county exacerbate the acute reside vot- disenfranchising effect of discriminatory went on ing and election practices.” Weddle to note that the closing of a polling location that or implementation of a voting change Native is not translated or communicated to - voters can limit the ability of these com “22 Native nations, which has eight distinct are there munities to vote. Padilla testified that Padilla them,” in New Mexico alone. Therefore, language[s] with varying dialects between Native language is often incr said, translating voting terms into the Candidate, State of Florida Research Foundation Research Black Civic Engagement Beach NAACP Disability Rights Florida Advancement Project Damian Gregory Liza McClenaghan, Collier County “C.C.” Reed, Gubernatorial Calvin Clarence Latino Justice PRLDEF of Florida Voters League of Women National Council of Jewish Women SEIU Florida Rights Coalition of Palm Beach County Voting Dr. Daniel A. Smith, Professor, University of Florida A. Smith, Professor, Daniel Dr. SEIU Staff Attorney, Katie Roberson-Young, AFL-CIO; Florida Coalition for Beverly Rutherford, Rights Coalition-Palm Voting Mark Schneider, Florida Civic Engagement Chair, Cynthia Slater, Operations Manager, Program Stachurski, Carol Advocate, Florida Protection Thompson, Carolyn
Blind Schachter & Greenberg; former State Senator Schachter & Greenberg; and Representative of Florida Miami-Dade Voters South Florida Women H. Paul Douglas, NAACP of Hernando County Florida Council of the President, Paul Edwards, Reneta Holmes, Labor Education Advocacy SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Advancement Project American Civil Liberties Union of Florida Center for Independent Living of South Florida Common Cause Disability Rights Florida Florida New Majority of the NAACP Florida State Conference PUBLIC TESTIMONY PUBLIC Hon. Dan Gelber, founding partner, Gelber, Gelber, founding partner, Hon. Dan Gelber, LLP Duane Morris partner, Lisa Rodriguez-Taseff, PANELISTS of Legal Operations, ACLU Nancy Abudu, Director Brad Ashwell, Common Cause of Florida League of Women Maribel Balbin, President, Mi Familia Vota Ana Delarosa, CIL of Advocacy, Esq., Director Dubin, Marc National Council of Jewish Linda Geller-Schwartz, Florida New Majority Mone Holder, Desmond Meade, Florida Rights Restoration FLORIDA STATE HEARING STATE FLORIDA University of Miami School of Business Administration Miami, Florida 2014 March 31, COMMISSIONER NATIONAL NAACP of Directors, Vice Russell, Chair of the National Board Leon W. COMMISSIONERS GUEST
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 32 PROTECTING MINORITY VOTERS 33 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS e their experi-
1 Through analysis of precinct demographics and closing analysis of precinct Through 2 The suit alleged that the long lines burdened the right to vote and requested a tempo- the right to vote and requested The suit alleged that the long lines burdened 3 rary restraining order as well as emergency injunctive relief to extend early voting hours. The to extend early voting as well as emergency injunctive relief order rary restraining the off absentee ballots through to a settlement that permitted voters to drop parties agreed Election Day. Monday before 1 See, DOJ list of preclearance jurisdictions prior to Shelby: http://www.justice.gov/crt/about/vot/sec_5/covered.php 2 jurisdictions prior to Shelby: http://www.justice.gov/crt/about/vot/sec_5/covered.php See, DOJ list of preclearance 3 See, Florida Democratic Party v. Detzner, 12-cv-24000 (S.D. Fla. 2012). A. Long Lines presented of Miami-Dade County, Voters of the League of Women Maribel Balbin, President In faced during early voting and on Election Day. testimony about long lines that voters populous county in Florida, Balbin testified that voters were the most Miami-Dade County, the representing Linda Geller-Schwartz, to wait in line for as long as eight hours. forced noted that “many black and Latino voters waited nearly National Council of Jewish Women, the Florida Protection Thompson, voters.” Carolyn twice as long in voting lines as white a study of Florida testimony regarding presented Advocate for the Advancement Project, in the 2012 election which showed “an unmistakably clear disparate impact . . . on precincts African American and Latino voters.” I. Discriminatory Election Administration Practices Administration Election I. Discriminatory testimony on election administration practices that discourage Several witnesses presented Holder participating. Prior to the Shelby County v. minority voters from disproportionately for changes to election to seek preclearance required decision, five Florida counties were Rights Act (“VRA”). under Section 5 of the Voting practices and procedures On March 31, 2014, 35 voters, activists, and voting rights advocates gathered at the Storer at the Storer gathered activists, and voting rights advocates 31, 2014, 35 voters, On March Administration to shar of Miami School of Business Auditorium at the University Florida at a hearing convened by the challenges they continue to face in ences of the voting Witnessescontinued barriers testified about for Civil Rights Under Law. Lawyers’ Committee discriminatory for voters in Florida, including in our democratic process to equal participation - for racial minority communi practices, the lack of equal representation election administration disproportionate and the for voters with limited English proficiency, ties, continued barriers on communities of color. impact of felon disenfranchisement laws FLORIDA STATE HEARING HIGHLIGHTS HEARING STATE FLORIDA times, the study concluded that Latino voters were confronted with the longest lines, “but confronted times, the study concluded that Latino voters were The Florida generally speaking, black voters also waited slightly longer than white voters.” county election supervi- of State and several Democratic Party filed suit against the Secretary sors. - nment. Abudu but according to Abudu, but according 6 Douglas testified that officials closed polling places for “precincts polling places for Douglas testified that officials closed 4
5 Detail_LegiFile.aspx?MeetingID=1346&ID=6651. [in] mostly African-American communities.” He also expressed concern that the closures concern that the closures He also expressed [in] mostly African-American communities.” later primaries, but were open for the remained confusing to voters since polling places were closed for the general election. 5 Fla. 2012). See, United States v. Florida, 870 F. Supp. 2d. 1356 (N.D. 6 American Fact Finder, U.S. Census Bureau, http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml 4 Hernando County, Fla., Agenda Item 6651 (May 24, 2012), available at http://hernandocountyfl.iqm2.com/citizens/ nando County Board of Commissioners approved a plan that reduced the number of voting a plan that reduced approved of Commissioners nando County Board 57 to 39. from precincts II. Minority Representation testimony of Legal Operations for the ACLU of Florida, presented Nancy Abudu, Director to Abudu, According plans on minority representation. redistricting on the impact of recent un- still continues to be an important issue as several cities and counties are “redistricting in the Despite changing demographics and increases process.” dergoing the redistricting minority population, Abudu testified about the lack of diversity in local gover the City of Sopchoppy, pointed to several examples, including the Village Miami Shores, of to 2010 Census data, the minority population in each and the City of Jacksonville. According of the total population, than 30 percent of these cities was greater D. Voter Purge testimony on the Florida “voter purge,” which initially identified Thompson also presented 2600 to Thompson, roughly voters as potential non-citizens. According 180,000 registered letters giving them 30 days received Arcia, Vanessa voters, including naturalized citizen Karla Thompson rolls. the voter from or risk being removed their citizenship and residency, to prove and 82 percent Latino received these letters were that testified that the majority of the voters Department of Justice (“DOJ”) filed suit against the The U.S. of color. voters of them were Registration Act (“NVRA”) and the National Voter state of Florida, alleging the purge violated The U.S. District Court for the Northern District of order. a temporary restraining requesting of State voluntarily stopped the the Secretary Florida denied the motion, in part, because purge. B. Provisional Ballots B. Provisional provided mentioned above, Thompson also study precincts the 2012 Florida Drawing from likely than white voters to cast “more that Florida voters of color were testimony showing ballots rejected.” twice as likely to have their provisional ballots and nearly provisional C. Polling Place Locations presented 5012 of Hernando Branch County, the NAACP, H. Paul Douglas, representing On May 24, 2012, the Her locations in Hernando of polling County. testimony on the closure
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 34 PROTECTING MINORITY VOTERS 35 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Along the 8 - Despite being cov 7 7 Coverage Under Section 4(f)(4), 28 C.F.R. § 55.5 (2013). 8 Interactive Map: Florida, The Sentencing Project, http://www.sentencingproject.org/map/map.cfm#map Desmond Meade, President of the Florida Rights Restoration Coalition and State Director for of the Florida Rights Restoration Coalition and State Director Desmond Meade, President impact testimony on the disproportionate the Life Lines and Healing Campaign, presented to the Sentencing felon disenfranchisement laws have on minorities. According Florida’s not able to vote in 2010 due to felony convictions, 1.54 million Floridians were over Project, voting age African Americans. of Florida’s including an estimated 23 percent IV. Disenfranchisement of Incarcerated and Formerly Incarcer- of Incarcerated and Formerly IV. Disenfranchisement ated Floridians III. Language Access III. Language of Collier County, a resident and Unit 5117 PAC the NAACP representing Liza McClenaghan, Ac- language requirements. compliance with minority County’s testimony on the presented by the that is covered County is one of 13 Florida counties to McClenaghan, Collier cording 4(f)(4) or Section 203 of the VRA. of Section provisions minority language election schemes such as at-large and mixed electoral systems make it difficult for minorities make it difficult electoral systems and mixed such as at-large election schemes in local government. representation to secure ered by these provisions, McClenaghan testified that Collier County election officials “forgot by these provisions, ered Guide on their websites” Voter version of the Creole to publish a Spanish version or Haitian June 2014, the Collier County Supervisor of Elections’ in advance of the 2012 election. As of or Spanish- Spanish a “translate” function, but it did not appear to provide website provided versions of documents. Creole attorney an - International with the Service Employees Union, present Katie Roberson-Young, to Rob- poll workers at many polling places. According ed testimony on the lack of bilingual voters waited in lines up to eight hours only to find “they some Creole-speaking erson-Young, had to wait even longer than other voters in a separate either had no translation help, or they election workers became available.” At some polling line until one of too few Creole-speaking the poll workers “claim[ed] that translators could as- to Roberson-Young, places, according or literacy receiving voters “from day” and prevented sist only a limited number of voters each testified family or friends.” Withouttranslation assistance from assistance, Roberson-Young submitted invalid ballots that could not be counted. that some non-English-speaking voters same lines, Mark Schneider, of the Voting Rights Coalition of Palm Beach County, estimated Coalition of Palm Beach County, Rights of the Voting same lines, Mark Schneider, that Florida “lose[s] about 40,000 eligible voters per year to felony disenfranchisement.” had their voting At the same time, Schneider noted that the number of people who have e they are e they are According to According 9
10 2013), https://www.aclu.org/blog/human-rights-voting-rights/why-have-15-million-floridians-been-banned-voting. Rev., https://fpc.state.fl.us/faq-clemency.shtml Questions About Clemency, Fla. Commission on Offender Frequently Asked 10 rights restored following a felony conviction has decreased in recent years. in recent conviction has decreased following a felony rights restored 9 Voting?, Am. Civ. Liberties Union Blog of Rts. (Sept. 23, Why Have 1.5 Million Floridians Been Banned from Nancy Abudu, the Florida Parole Commission, the rights restoration process requires convicted persons convicted persons requires process rights restoration Commission, the the Florida Parole year waiting period befor sentences and a five to seven to complete their criminal clemency. eligible to apply for
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 36 PROTECTING MINORITY VOTERS 37 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS NAACP Emeritus, ACLU Voting Rights Project Rights Emeritus, ACLU Voting Advocacy Office Inc. Legal Advocacy Center, Empowerment Collaborative Voter University Equality Association of Latino Elected Officials Georgia Advocacy Office, Inc. Georgia Association of Latino Elected Officials Georgia Coalition for the Peoples’ Agenda of the NAACP Georgia State Conference of Georgia Voters League of Women Kathy Holmes-Bass, Delta Sigma Theta Fayette County Branch, John E. Jones, President, Lockett Gretchen Dr. Reagle Minister Karen Scott Garrett Ron Shakir Margo Waters Laughlin McDonald, Special Counsel and Director Special Counsel and Director Laughlin McDonald, Georgia Executive Director, Ruby Moore, Asian American Helen Kim Ho, Executive Director, and CEO, The Albert E. Love, President Rev. Kennesaw State Professor, Sarita McCoy Gregory, Inc. Cheri Mitchell, Georgia Advocacy Office, student-voter Morehouse Ronnie Mosley, Georgia Melinda Sheldon, Deputy Director, Georgia Manager, Program Laura Toro,
Georgia Socialist Workers’ Party Socialist Workers’ Elections and Registration of Georgia Voters Women LLP & Elmore Elected Officials Commissioners for the Peoples’ Agenda PARTICIPATING ORGANIZATIONS (NOT EXHAUSTIVE) (NOT ORGANIZATIONS PARTICIPATING ACLU ACLU of Georgia African American Ministers in Action Inc. of Asian American Legal Advocacy Center, Martha Alexander Thomas Aquell Phyllis Bailey Benoit Jeffrey Rev. John Benson, former candidate for Atlanta Mayor, College Park Joe Carn, Vice-Mayor, Mamie Chancellor Chancellor Yolanda PUBLIC TESTIMONY PUBLIC Richard Barron, Fulton County Director of Fulton County Director Barron, Richard League of Member, Board Blackwood, Sharon Bondurant Mixson Emmet J. Bondurant, Partner, Georgia Association of Black Brooks, Rep. Tyrone of Board Fulton County Emma Darnell, Member, Quitman, GA Dennard, Nancy Dr. Henry Ficklin, Macon-Bibb, GA Rev. Rep. Virgil Fludd, Georgia House of Representatives Helen Butler, Executive Director, Georgia Coalition Georgia Executive Director, Helen Butler, NAACP Georgia Francys Johnson, President, Dr. PANELISTS GUEST COMMISSIONERS GUEST GEORGIA STATE HEARING STATE GEORGIA The Martin Center Luther Nonviolent for King Social Jr. Change Atlanta, Georgia 20,November 2013
of Law Sarah Shalf, Professor, Emory University School University School Emory Professor, Sarah Shalf, King & Spalding Neither prevailed. Toro testified, “It is our con- Toro Neither prevailed. 2 Toro also testified about the negative impact the also testified about Toro 1 http://www.gainesville.org/fullpanel/uploads/files/2013-election-booklet.pdf Officials!(GALEO) & The GALEO Latino Community Development Fund (August 6, 2013): http://www.galeo.org/pdfs/2012GALatinoVoters.pdf. at-large voting process used by the City of Gainesville to elect every City Council member at-large voting process dilutes concern process that the at-large voting She expressed has on the Latino community. running for from the voting power of the Latino electorate and discourages Latino candidates City Council and reported that only one Latino candidate has run for Gainesville’s office. She one Latino candidate ran for mayor in 2013. 2 see “2013 Election Information” from Gainesville, GA: For 2013 mayoral candidates, 1 See also, “The Continued Growth of the Latino Electorate in Georgia,” Georgia Association of Latino Elected I. At-Large Elections and Latino Vote Dilution in the City of the City in Vote Dilution and Latino Elections I. At-Large Gainesville Elected Officials (GALEO), testified on behalf of the Georgia Association of Latino Laura Toro civic engagement and leadership development in the Latino to promote which was created in the Latino population in the noted the significant growth community in Georgia. Toro approximately from voters statewide increased state. In fact, the number of Latino registered 10,000 in 2003 to over 183,000 in 2012. The National Commission on Voting Rights held a hearing on November 20, 2013, at the The National Commission on Voting national for Nonviolent Social Change in Atlanta. Support from Center Martin Luther King, Jr. to making the event a members contributed and local partner organizations and board diverse from hearing and heard 150 people attended the four-hour success. Approximately advocates, litigators, elected officials, and panels of witnesses comprised of Georgia-based Voting Testimony topics included litigation under Section 2 of the a county elections official. challenges (includ- communities, voter registration Rights Act in Latino and African-American technology), redistricting, to naturalized citizens and county registration ing those related students and the transgender particular to college voter identification (ID) (including hurdles Members and more. for individuals with disabilities, community), voter education, procedures their voting experiences in Georgia. of the audience also testified about National Action Network National Action ProGeorgia LAW FIRM SUPPORT & Stockton LLP Kilpatrick Townsend HEARING HIGHLIGHTS GEORGIA STATE tention that the current at-large process discourages people from getting involved and getting discourages people from at-large process tention that the current voting, running for office, being involved in their communities…” involved in the civic process:
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 38 PROTECTING MINORITY VOTERS 39 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - An appeal by 4 oting Rights Act alleg- No African American 3 epresents the interests the interests epresents
5 states/13/13113.html 00123-TCB (March 13, 2014). 3 Fayette County, Ga.:http://quickfacts.census.gov/qfd/ See, United States Census Bureau’s State and County Quickfacts for 4 of Commissioners et al, No. 3:11-cv- See, Judgment, Georgia State Conference of the NAACP et al v. Fayette County Board 5 et al, supra (March 19, 2014) See, Notices of Appeal, Georgia State Conference of the NAACP III. The Quitman 10+2 III. The Quitman of 10+2,” a group testified about her experience as one of the “Quitman Nancy Dennard Dr. elected office from charged with voter fraud and removed 12 African Americans who were located in Brooks because of their work electing minority candidates. Quitman is a small city has ever been elected to the County Commission or the Board of Education, said Fludd, despite or the Board has ever been elected to the County Commission parties, have run for office. both major than a dozen candidates, from the fact that more the system to to change than once at the state legislature Fludd testified that he tried more voters to elect a candidate of their choice, single-member districts to allow African-American that the NAACP but the legislation was voted down along party lines. In 2011, Fludd noted Legal Defense and Educational Fund filed suit under Section 2 of the V The court ruled discriminatory. at-large method of election was racially ing that the County’s judgment against the County defendants. in favor of the plaintiff and entered II. County Vote Dilution parts Rep. VirgilGeorgia State House for over a decade, representing Fludd has served in the and at-large voting process about Fayette County’s of Fayette and Fulton counties. He testified Voting as a violation of Section 2 of the that process described a lawsuit filed in 2011 challenging has a population of over 108,000; 20 percent to Fludd, Fayette County Rights Act. According Asian. are Latino, and four percent are African American, six percent are migrants who have come to work in the poultry industry. She noted that these immigrants come to work in the poultry industry. migrants who have with “persistent racial tensions against working conditions and must deal have faced abusive out that the also pointed Toro within the city and the power structure.” the Latino community 1998 and that, “The pervasiveness an anti-Latino Klu Klux Klan event in City was the site of official who r abuse makes access to an elected of discrimination and which is why GALEO has taken pressing, in Gainesville all the more of the Latino community At the time voting process.” its at-large the City regarding of confronting on the heavy task 2 filing a complaint under Section testified that GALEO was considering of the hearing, Toro the at-large system for city council Rights Act against Gainesville to challenge of the Voting help efforts to eliminate said that a successful outcome in such a suit could elections. Toro including the City of Dalton and with large Latino populations, other at-large systems in areas municipalities in Gwinnett County. Toro explained that the Latino population in Gainesville is largely comprised of Mexican im is largely comprised in Gainesville the Latino population explained that Toro the County defendants is pending as of the date of this report. The School Board is elected at-large. is elected The School Board 6 states/13/13027.html 6 See, United States Census Bureau’s State and County Quickfacts for Brooks County, Ga.: http://quickfacts.census.gov/qfd/ County, Georgia. According to Dennard, the County’s population is about 15,500 persons is about 15,500 population the County’s to Dennard, According Georgia. County, African American. are 35 percent and approximately Dennard testified that she ran for School Board in 2006, losing a close race. In 2009, she won in 2006, losing a close race. for School Board testified that she ran Dennard campaign. Between get-out-the-vote and voter education on a strong a special election based by absentee ballot, which Dennard made it easier to vote early and the two elections, Georgia of individuals a group The following year, elected her. to the voters who ultimately stressed successful in the of them were and the County Commission. All Board decided to run for School of Elections, all tactics permitted by the Superintendent and despite some questionable primary, one candi- showed on election night, the initial results However, elected in November. were three certification. Following flipped to a nine-vote lead before date losing by 60 votes, which was then believed it was Dennard votes in the process. that candidate won—picking up two a recount, which allowed for an accurate recount. on paper ballots because the majority of votes were the community; they truly sent a wave of enthusiasm through These victories, said Dennard, 2010, the elation was short-lived. In December the power of their votes. However, realized and charged with voter fraud, illegally assisting voters, and im- arrested 10 individuals were indicted by those 10, and two others, were handling of absentee ballots. A year later proper and other elected officials in the In January 2012, Dennard a special session of a grand jury. their offices. from removed Quitman 10+2 were the Georgia she discovered proceedings, testified that during the course of the criminal Dennard to elicit untruthful statements of arrest threats of Investigation (GBI) used intimidation and Bureau testified that by the GBI, Dennard 350 individuals interviewed some of voters. Of the roughly from - African American. The trial exposed several other suspicious irregulari were of them 95 percent locked with no legal authorization, For example, a postal supervisor, to Dennard. ties, according and kept the logs at his house where returned absentee ballots in his cash drawer for later retrieval of Elections claimed also testified that the local Board no one else had access to them. Dennard testified that Dennard them back. However, it mailed out absentee ballots but had not received said she com- by the post office the day after her first election. Dennard delivered 50 ballots were atregistrar also testified that a deputy Dennard but got nowhere. plained to the local postmaster, - absentee ballots home on several occasions, a viola of Elections admitted she brought the Board because she claimed to have been behind with logging them in at work. tion of Georgia law, testified that this information came out in open testimony in court, but the GBI and Dennard of elections—did not pass purportedly worried about the integrity were prosecutors—who The trial against the that information along to the defense or investigate those wrong-doings. fears that the authorities will attempt similar Quitman 10+2 ended in a mistrial, but Dennard November reinstated and in In October 2012, the elected officials were tactics in the future. President. as School Board was reelected 2013, Dennard
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NATIONAL COMMISSION ON VOTING RIGHTS 40 PROTECTING MINORITY VOTERS 41 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - - According According 7 om November to July, om November to July, qfd/states/13/13021.html 7 http://quickfacts.census.gov/ See also, the United States’ Census Bureau’s State and County QuickFacts for Bibb County: Sharon Blackwood, a board member of the League of Women Voters of Georgia, highlighted Voters member of the League of Women a board Blackwood, Sharon - would be particularly burden and consolidate polling places that to relocate two proposals and minority voters. Blackwood testified that in the City of Carrollton, some to lower-income for consolidation. She stated that members of two polling places had been recommended - but the pro this community of voters had typically been able to walk to their polling location, to cast a a major thoroughfare them to walk 2 miles across posed new location would require place a polling of relocation proposed the where in Athens, example She cited a similar ballot. community. impact minority voters, including those in the Cat Wood was expected to greatly new location, Athens voters using public transportation would face access the proposed To had been there Blackwood noted that an hour and a half bus ride, with transfers, each way. in both cities. objections to the proposals V. Consolidating and Relocating Polling Places and Relocating Polling V. Consolidating Rev. Henry Ficklin, a Macon City Councilman and candidate for the Macon-Bibb County Councilman and candidate for the Henry Ficklin, a Macon City Rev. the consolidation of the governance of Commissioners, discussed City of of the Board due to 2013. Ficklin highlighted the fact that which took place in Macon and Bibb County, majority in Bibb County. voters became the population shifts, African-American IV. Non-Partisan ElectionsIV. Non-Partisan to Ficklin, the state legislature prohibited partisan elections for mayor and the commission as elections for mayor and the commission partisan prohibited legislature to Ficklin, the state tradition Ficklin, despite Bibb County’s said occurred, This process. part of the consolidation that African-American candi elections for these posts and his observation of holding partisan the election date law, Under state partisan structure. dates had the most success under the consolidation was moved fr for the first elections to be held following voters turn to Ficklin, African-American out in lower numbers. Ficklin testi- when, according the likelihood that a majority- date worked to increase fied that this switch to a July election for the consolidated jurisdiction. white commission would be elected submitted for preclear the changed election date were The switch to non-partisan elections and obligation under of Justice (DOJ) pursuant to Georgia’s ance to the United States Department additional information citing DOJ requested Rights Act. In May 2013, the Section 5 of the Voting in the ability of minority voters to in a retrogression concerns that the changes would result to the DOJ’s of their choice. In response and elect candidates participate in the electoral process - 16, 2013, was halted. While a decision on pre the election, originally scheduled for July request, Holder, issued its decision in Shelby County v. Court clearance was pending, the U.S. Supreme - change, even as Georgia submitted the re of the date eliminating the need for federal review the election to be held on September a court ordered quested follow-up information. Ultimately, to the nine-member commission. elected were 17, 2013, and four minority members Committee for Civil Rights Under Law Committee for Civil Rights Illinois Voters, Women Advocacy Center Advancing Justice County Clerk and Education Fund Marth Trawinski Marissa Liebling, Staff Attorney, Chicago Lawyers’ Attorney, Marissa Liebling, Staff League of Director, Mary Schaafsma, Executive Citizen Community Lawyer, Maryam Judar, Asian Americans Andy Kang, Legal Director, Cook Dan Madden, Legal Advisor to David Orr, Equality for Equip Attorney, Staffy Picciola, Melissa volunteer Eve Rips, Election Protection Defense Jorge Sanchez, Mexican American Legal Under Law Volunteer Volunteer RainbowPUSH Jesse L. Jackson Sr., Rev. Coalition Inc. American Policy and Research Institute American Policy and Research Development, Common Cause Illinois of Elections for Civil Rights Under Law P.C. Committee for Civil Rights Under Law SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Chicago Lawyers’ Committee for Civil Rights DePaul University College of Law Kirkland and Ellis Barnhill and Galland Miner, PUBLIC TESTIMONY PUBLIC Nana Ofori Atta, voter and Election Protection WRITTEN TESTIMONY Janette C. Wilson, Esq., Senior Advisor to Rev. PANELISTS P.C. Barnhill & Galland, Jeff Cummings, Miner, South Asian Ami Gandhi, Executive Director, of Operations and Brian Gladstein, Director Chicago Board Lance Gough, Executive Director, Chicago Lawyers’ Committee Ruth Greenwood, ILLINOIS STATE HEARING HEARING STATE ILLINOIS Depaul University College of Law Chicago, Illinois June 2013 12, COMMISSIONERS GUEST Barnhill & Galland, Miner, Ben Blustein, Partner, Lawyers’ Chief Counsel, Jon Greenbaum,
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1
Gandhi concluded 2 http://www.census.gov/rdo/pdf/2011_26293.pdf. saapri.org/content/wp-content/uploads/2013/07/SAAPRI-Voting-Trends-Report.pdf 1 See, Bureau of Census, Voting Rights Act Amendments of 2006, Determinations under Section 203 2 Engagement Project: Voting Trends and Access in 2012, SAAPRI: http://www. See, The Asian American Community On June 12, 2013, voting rights advocates, voters, election officials and members of the pub- the of members and officials election voters, advocates, rights voting 2013, 12, June On for a hearing convened by College of Law in Chicago, Illinois at DePaul University lic gathered for the Chicago Lawyers’ Committee for Civil Rights Under Law and the Lawyers’ Committee the hearing, which focused mainly 50 people attended Approximately Law. Civil Rights Under barriers faced testimony regarding administration, though it did include on issues of election English proficiency. by voters with limited Rights Act and are by Section 203 of the Voting covered Several jurisdictions in Illinois are certain languages other than English. election materials in to provide required therefore ILLINOIS STATE HEARING HIGHLIGHTS HEARING STATE ILLINOIS that voters were not made aware that these resources were available to them. Similarly, Kang to them. Similarly, available were that these resources not made aware that voters were on a the translated materials were places where testified that he observed several polling did not know to ask for the translated materials, they table out of view of the voters; if voters them. would not receive Jorge Sanchez, staff attorney and Education Fund; at the Mexican American Legal Defense Institute of the South Asian American Policy and Research Ami Gandhi, executive director Advancing Justice, testified for Asian Americans (SAAPRI); and Andy Kang, legal director These witnesses testified that, in general, the jurisdictions in Illinois about this requirement. were There the translated materials as required. 203 do provide by Section covered that are of South- that SAAPRI conducted a survey of hundreds Gandhi testified however. problems, polls on Election Day in 2012. The vast majority of those Asian voters as they came out of the reported that that English was not their first language, and over 20 percent surveyed reported us- reported however, well. Only about seven percent, they understood English less than very a bilingual poll worker. assistance from ing a translated ballot or receiving for Civic Reform Kansas & Platte Counties Jackson, Clay, of Kansas City, Supreme Court and Attorney at Law Supreme of Iowa NAACP Missouri State Conference Action Chair, Opportunity Creating American Commission Adam Morefeld, Executive Director, Nebraskans Executive Director, Adam Morefeld, Disability Rights Center of Kansas Disability Rights Iowa Disability Rights Nebraska Iowa Citizen Action Network Lenora Rowe, League of Women Voters of Voters Lenora Rowe, League of Women Voters League of Women Linda Smith, President, Bill Rich, Professor of Law, Washburn University Washburn of Law, Bill Rich, Professor Chief Justice of the Iowa (ret.) Marsha Ternus, Action Louis Goseland, Sunflower Community LULAC of Iowa State Director, Joe Henry, Voters League of Women Bonnie Pitz, President, & Political Adolphus Pruitt, First Vice-President & CEO, Communities Eva Schulte, President Latino Executive Director, Spindola, Lazaro
Rights of Nebraska State Conference Kansas of Kansas Voters Rights Iowa University of Nebraska Conference WRITTEN TESTIMONY ACLU of Iowa Lena Robinson Michael Blackwell SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) American Civil Liberties Union of Iowa American Civil Liberties Union of Kansas American Civil Liberties Union of Missouri American Civil Liberties Union of Nebraska PUBLIC TESTIMONY PUBLIC Public Policy Specialist, Disability Brad Murenz, Marvin Robinson PANELISTS NAACP Iowa-Nebraska President, Betty Andrews, Keely Bassette, Winnebago Nation ACLU of Kansas Gary Brunk, Executive Director, of Disability Rights Center Kip Elliot, Attorney, League of Women President, Furtado, Dolores Disability Coordinator, Christie Gerken, PAVA (Iowa, Kansas, Missouri, and Nebraska) and Kansas, Missouri, (Iowa, University of Missouri-Kansas City SchoolLaw of Missouri City, Kansas April 2014 21, COMMISSIONERS GUEST County Missouri Noran, Clerk, Boone Wendy Counseling Psychologist, (ret.) Marty Ramirez, Missouri NAACP State Mary Ratliff, President, KANSAS CITY REGIONAL HEARING HEARING REGIONAL CITY KANSAS
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1 itnesses testified about National Action Network National Action of Kansas City National Lawyers Guild Nebraska Appleseed Reform Nebraskans for Civic Action Sunflower Community City School of Law University of Missouri-Kansas Colored People Colored 1 See, http://www.dawsoncountyne.org/clerk.html equate compliance with federal requirements to provide voting information in Spanish in voting information in Spanish to provide equate compliance with federal requirements by Section 203 of jurisdictions covered Colfax, Dakota and Dawson counties, all of which are ether Act. Per Spindola, translated materials on these county websites are Rights the Voting only the early incomplete or difficult to find. For example, on the Dawson County website, which refers voting form is bilingual, and even this “lacks a very important piece of information either the Democratic or a partisan ballot from to the ability of non-partisan voters to request partisan can- Libertarian parties to be able to vote for Senate or House of Representatives election and no other voter registration, didates. All other links lead to forms in English only, notices, or other material is available in Spanish to Dawson County residents.” I. Language Access in Kansas and NebraskaI. Language Access in Witnesses in language barriers for Spanish-speaking voters. A precinct testified about Wichi- had no Spanish-speaking poll workers. Although federal ta, Kansas that was primarily Latino poll workers or voting materials in this jurisdiction, Spanish-speaking law does not require English for limited that Spanish-language assistance was needed in order it was apparent some of these Spanish-speaking voters voters to enjoy equal access. Additionally, proficiency of choice to help them cast their right to bring an assistor their legally protected denied were ballots. of the Nebraska Latino American Commission also testified about inad Spindola Lazaro The National Commission on Voting Rights held its Kansas City Regional Hearing on April The National Commission on Voting City School of Law in Kansas City 21, 2014 at the University of Missouri-Kansas KANSAS CITY REGIONAL HEARING HIGHLIGHTS KANSAS CITY REGIONAL Approximately 40 advocates and voters attended to present testimony and learn about the to present 40 advocates and voters attended Approximately Missouri and Nebraska. W voting rights landscape in Iowa, Kansas, access, disenfranchisement of individuals with a wide range of issues, including language places in African-American neighborhoods and at criminal convictions, the closing of polling tempted voter intimidation. Latino American Commission Latino American Latinos Unidos of Iowa of Iowa Voters League of Women of Kansas Voters League of Women LULAC of Iowa for the Advancement of National Association - Furthermore, in Iowa, Furthermore, 3 ). 2
5 Therefore, the permanent disenfranchisement of former offenders has a the permanent disenfranchisement of former Therefore, 4
kvnonews.com/2012/06/phipps-will-add-27-polling-sites-before-november/ Commission on Voting cfm?abbrev=IA&mapdata=true) and “Voting Landscape: State-by-State Profiles” by: The National Rights (http://votingrightstoday.org/LiteratureRetrieve.aspx?ID=124453) article/apnewsbreak-few-iowa-felons-pursue-voting-rights leaves intact the Supreme court…held that no misdemeanors [qualified to disenfranchise voters.]” The decision, however, 2014 Iowa Sup. Ct. Iowa law defining infamous crime to mean all felonies. Chiodo v. Section 43.24 Panel, No. 14-0553, States” by: The For the automatic restoration of voting rights, see also, “Felony Disenfranchisement Laws in the United Sentencing Project: http://sentencingproject.org/doc/publications/fd_Felony%20Disenfranchisement%20Laws%20in%20the%20US.pdf greatly disparate impact on the African-American community. community. disparate impact on the African-American greatly 5 November, KVNO News, June 20, 2012: http://www. See also, Angel Martin, Phipps Will Add 27 Polling Sites Before 4 See also, “State Data: Iowa” by: The Sentencing Project (http://sentencingproject.org/map/statedata. 3 Press, available at: http://bigstory.ap.org/ See also, AP New Break: Few Iowa Felons Pursue Voting Rights, Associated Vicky Young, president of the Omaha Branch of the NAACP in Nebraska testified that in of the Omaha president Vicky Young, 2012, as voter turnout commissioner was building momentum, the Douglas County election - he reconsid polling places. After community protest, of the county’s closed nearly one-third for the most part located 27 polling places, 15 of which were his decision and reopened ered in communities of color. 2 a groundbreaking decision in which the ACLU of Iowa took part…Chiodo v. Panel, the Iowa Ms. Bettis testified that “in III. Closing of Polling Places in Primarily African-American Areas African-American Primarily in Places of Polling III. Closing Nebraskain II. Disenfranchisement of Former Offenders in Iowa Offenders of Former II. Disenfranchisement of Branches, Michael NAACP State Conference of the Iowa/Nebraska Betty C. Andrews and Rita Bettis of the American Hawk County Branch of the NAACP Blackwell of the Black permanent disenfranchisement of in (ACLU) of Iowa testified about the Civil Liberties Union thousands of individuals and families. convictions in Iowa, which affects dividuals with felony of the right to vote to the automatic restoration of states that prevent Iowa is in the minority only applies to felonies, but of a crime (as of now this disenfranchisement persons convicted applied to aggravated misdemeanors until April 2014, it also Although these individuals can apply for restoration of their rights, the application process is of their rights, the application process for restoration Although these individuals can apply returned to the testified that in 2012 over 8,000 former offenders difficult. Andrews extremely have been restored. the rights of less than 25 however, community, African Americans comprise roughly 2.5 percent of the population but over 25 percent of the but over 25 percent of the population 2.5 percent African Americans comprise roughly prison population.
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NATIONAL COMMISSION ON VOTING RIGHTS 46 PROTECTING MINORITY VOTERS 47 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - - - ove their qualifica- would have allowed would have allowed 7 e being removed from from e being removed 9 would have, in Bettis’ words, “allowed challenges to voters en mass, even if challenges to voters en mass, “allowed words, would have, in Bettis’ 6 Among the allegations made by plaintiffs was that the rule would infringe on the Among the allegations made by plaintiffs 8 voting rights of Iowa voters, particularly Latino citizens. voting rights of Iowa voters, particularly - the voter chal of state rescinded enjoined by the court, the secretary After the rules were rule. In the rulemaking for the voter removal lenger rule, but initiated rulemaking procedures state made the following changes to the initial rule: (1) named the of the secretary process, list of for (i.e., the Department of Transportation’s databases that would be cross-referenced (2) the letters to the voter would be sent system); SAVE eign nationals, and the federal USCIS be allowed 30 to 60 days befor by certified mail; and (3) voters would rule, obtaining a court finding voter removal The ACLU succeeded in stopping the the rolls. the rule. As of July 2014, of State lacks the legal authority to promulgate that the Secretary Court. the case was on appeal to the Iowa Supreme made anonymously… with the effect of putting the onus on the voter to pr with the effect of putting the onus made anonymously… tions to voting officials.” The second regulation (the voter removal rule) (the voter regulation The second tions to voting officials.” 6 Iowa Admin. Code. r. 721—21.100 7 Iowa Admin. Code r. 721—28.5 8 for Polk County, 2012) ACLU of Iowa v. Shultz, No. 05771 CV009311 (Iowa Dist. Court 9 ACLU of Iowa, v. Shultz, No. 14-0585 (Iowa Sup. Court). Bettis also testified regarding two regulations promulgated by the Iowa secretary of state in of state Iowa secretary by the regulations promulgated two regarding Bettis also testified the on an emergency basis, therefore submitted were these regulations July 2012. Both of regulation (the voter The first not provided. public comment periods were normal notice and challenger rule) IV. Attempted Voter Intimidation in Iowa in Intimidation Voter IV. Attempted the secretary of state to cross-reference Iowa’s voter rolls with unnamed state and federal da- federal and state unnamed with rolls voter Iowa’s cross-reference to state of secretary the the cross-referencing, of the Based on the results tabases to identify suspected non-citizens. individuals notifying them that they had to of state would then send letters to those secretary the voter rolls. from of citizenship within 14 days or face removal proof provide United Latin American Citizens of Iowa sued the sec The ACLU of Iowa and the League of against the implementation of the emer of state and obtained a temporary injunction retary gency rules. Pacific American Labor Alliance Pacific American Labor of Nevada Clark County Urban League Commissioner (Utah) Mark Maryboy, Former San Juan County Mark Maryboy, NACCP Fund NAACP National Voter Kevin E. Hooks, President & CEO, Las Vegas, & CEO, Las Vegas, Kevin E. Hooks, President University of Utah Dan McCool, Professor, of State Nevada Secretary Ross Miller, Voters League of Women Donald Rust, President, Eric Swenson, Attorney Utah League of Women Voters Utah League of Women Gregory Cendana, Executive Director, Asian Director, Cendana, Executive Gregory Andres Ramirez, Consultant, Mi Familia Vota Ramirez, Andres Jeanetta Williams, President, ID-NV-UT NAACP Jeanetta Williams, ID-NV-UT President,
National Voter Fund National Voter Nevada, Las Vegas Nevada, Las Vegas Nevada, Las Vegas Bar Association Professor of Law, University of of Law, Bar Association Professor Division Institute of Politics, University of Utah Voters of Utah Voters Vegas Township Justice Court Justice Township Vegas Mi Familia Vota Mi Familia Vota Morgan Lyon Cotti, Program Manager, Hinckley Manager, Cotti, Program Morgan Lyon Las Vegas Urban League Las Vegas of Nevada Voters League of Women Lonnie Feemster, NV State Director, NAACP NV State Director, Lonnie Feemster, Rachel Anderson, Professor of Law, University of of Law, Rachel Anderson, Professor Hon. Karen Bennett-Haron, Chief Judge, Las Chief Judge, Bennett-Haron, Hon. Karen PANELISTS William S. Boyd, President, Las Vegas National William Las Vegas S. Boyd, President, LAS VEGAS REGIONAL HEARING HIGHLIGHTS LAS SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Las Vegas, Nevada Las Vegas, WRITTEN TESTIMONY Carmen Berkley, Director, AFL-CIO Civil Rights AFL-CIO Civil Director, Carmen Berkley, ClarkCounty Government Center LAS VEGAS REGIONAL HEARING HEARING REGIONAL VEGAS LAS (Nevada and Utah) (Nevada GUEST COMMISSIONERS GUEST ACLU of Utah ACLU of Utah April 26, 2014 Jenn Gonnolly, Co-President, League of Women League of Women Co-President, Jenn Gonnolly,
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1 vice organiza-
“It took me a week to get the information, and I’m a “It took me a week to get the information, 2 Sentencing Project in Spanish and other languages and work with Hispanic and other community ser in Spanish and other languages and work tions on identifying the best locations to conduct early voting.” tions on identifying the best locations to [Clark County] has actively recruited bilingual poll workers. They’ve provided ample information ample provided They’ve workers. poll bilingual recruited actively has County] “[Clark (http://sentencingproject.org/map/statedata.cfm?abbrev=NV&mapdata=true) law professor with a lot of resources at my disposal and have spent time working on these at my disposal and have spent time working with a lot of resources law professor made by Clark County’s Latino voters in both voter registration and turnoutthe past de- in Latino voters in both voter registration made by Clark County’s issues,” Anderson testified. Nevada, highlighted the continuing problem of disenfranchisement for thousands of incarcer of disenfranchisement for thousands the continuing problem Nevada, highlighted Rachel Anderson, a professor of law at the William of a professor Rachel Anderson, Law at the University of S. Boyd School of ated and formerly incarcerated individuals in Nevada, many of whom are African American are in Nevada, many of whom individuals incarcerated ated and formerly or shows that 21,000 African Americans, Project the Sentencing from and Latino. 2010 data for more bilingual poll workers and registrars. bilingual poll workers and registrars. for more cade, which he attributed to the county’s additional investment in language assistance. additional investment in cade, which he attributed to the county’s tion needed to apply for reinstatement. 2 Stat. § 213.090 Nev. Rev. 1 Data: Louisiana” by: The See: “State II. Language Assistance for Latino Voters in Clark County, Nevada Clark County, Voters in Latino for Assistance II. Language I. Felony Disenfranchisement I. Felony Andres did add, however, that the increase in the number of Latino voters has led to a need in the number of Latino voters has led to a that the increase did add, however, Andres Although Nevada does have laws that allow individuals to have their voting rights reinstated, to have their voting rights reinstated, have laws that allow individuals Although Nevada does informa- the difficulty of accessing the she conducted showing to research Anderson pointed Andres Ramirez, representing Mi Familia Vota, pointed to the marked gains that have been Mi Familia Vota, representing Ramirez, Andres 12.5 percent of the State’s African-American population, were disenfranchised in Nevada. disenfranchised were African-American population, of the State’s 12.5 percent Circuit Court of Appeal in Louisiana and Board Court of Appeal in Louisiana and Board Circuit Lawyers’ Committee for Civil Rights Member, Under Law NAACP New Orleans of Greater Justice Institute Xavier University Member Jacques Morial Louisiana One Voice of Southern University Law Center John Pierre Puentes New Orleans, Inc. Bill Quigley of Loyola Law School Hon. Gene Thibodeaux, Chief Judge, Third New Orleans Urban League of Greater Rev. Chipps Taylor, Louisiana State Conference Louisiana State Conference Chipps Taylor, Rev. Urban League & CEO, Erika McConduit, President & CEO, Louisiana President L. Washington, Tracie Hernandez, Puentes New Orleans Carolina Linda Johnson, Resident, Iberville Parish of Sociology, Lee, Pollster & Professor Silas Dr. New Orleans Minh Thanh Nguyen, VAYLA Stephanie Patrick, Advocacy Center Board of the Ex-Offender, Voice Bruce Reilly, Ron Wilson, Attorney
of Directors, Lawyers’ Committee for Civil of Directors, Rights Under Law Court Supreme Adjunct Professor, Southern University Law Adjunct Professor, Center Executive Director Professor-Emeritus of History, University of New University of New of History, Professor-Emeritus Orleans Lawyers’ Committee for Civil Rights Project, Rights Under Law ACLU of Louisiana Phelps Dunbar LLP; Board Kim M. Boyle, Partner, Advocacy Center Jennifer Coco Delgado Community College Foundation for Louisiana Gulf Coast Center for Law & Policy Chief Justice Bernette Louisiana J. Johnson, Louisiana Justice Institute NAACP Louisiana State Conference PUBLIC TESTIMONY PUBLIC Michelle DeLima, Poll Worker SUPPORTING ORGANIZATIONS AND INDIVIDUALS (NOT EXHAUSTIVE) PANELISTS M.Div., Johnathan C. Augustine, J.D., Rev. Black Men & Boys Initiative Bonner, Trupania Coordinator Jennifer Coco, Election Protection Cedric Floyd, Demographer Charmel Gaulden, Attorney A Community Voice Gueringer, Vanessa of the Ex-Offender, Norris Henderson, Voice LOUISIANA STATE HEARING STATE LOUISIANA CommunityDelgado College Louisiana Orleans, New 2014 April 7, COMMISSIONERS GUEST Leyda Seraphia D. Jr., Raphael Cassimere, Dr. Voting Co-Director, Johnson-Blanco, Marcia
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 50 PROTECTING MINORITY VOTERS 51 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - - ietnamese for voters, As a result, a large number of Afri- As a result, 1 1 La. Rev. Stat. Ann. §§ 2(8), 102(A)(1). Under Louisiana law, individuals with felony convictions lose their right to vote during their Under Louisiana law, or parole. term of imprisonment and while on probation II. Disfranchisement of Individuals with Felony Convictions with of Individuals II. Disfranchisement I. Voter Registration for New Citizens I. Voter Registration Witnesses working with Latino and Vietnamese in New Orleans testified that communities their cumbersome and hindered new citizens has become for registering the procedures Hernadez of Puentes New Orleans Carolina programs. registration voter ability to run effective and their organizations about the hurdles New Orleans testified of VAYLA and Minh Nyguen Nei- to vote in the New Orleans area. registering face in communities limited English proficient 203, and both witnesses touched under Section ther Louisiana nor New Orleans is covered andon the difficulties this poses for Spanish- Vietnamese speaking voters. translated ballots into V Nyguen testified that in 2008 his organization officials when accompanied accepted by New Orleans elections and that these ballots were Nyguen testified that registrants. However, first-time by copies of citizenship documents for to accept copies of naturalization refused officials starting with the 2012 election elections new applicants to deliver their citizenship requiring papers or passports and instead began applications. Her their voter registration to process documents by hand to City Hall in order the same. She testified that on one or two occa nandez and her organization experienced brought their own copy machines to urging, elections officials sions, and at her organization’s documents on the spot, but this has not events and made copies of applicants’ registration testified that their organizations have stopped conduct- Both witnesses been done regularly. applicants voter registration of this new practice of requiring drives as a result ing registration to submit original citizenship documentation. LOUISIANA STATE HEARING HIGHLIGHTS HEARING STATE LOUISIANA can Americans remain disfranchised in the state while serving their sentences. According to disfranchised in the state while serving their sentences. According can Americans remain - and Executive Direc Member testimony given by Bruce Reilly and Norris Henderson, Board disfranchised of the Ex-Offender (VOTE), over 110,000 people are Voice of respectively, tor, African American and seventy thousand of these individuals are in Louisiana due to state law, Age Population). Henderson further testified that, (almost 7% of the African-American Voting in continued disfranchise- often result hurdles upon completion of their sentences, procedural their eligibility. ment, even when individuals have regained
7 - As Bonner noted, the series 6 A well-documented voter purge also took place A well-documented 4 Bonner also testified that, on the heels of this Bonner also testified 3 According to Bonner, New Orleans lost 45,000 voters as a result of the statewide lost 45,000 voters as a result New Orleans to Bonner, According 5 —118,000 were African American. —118,000 were 2 politic365.com/2010/12/31/louisiana-voter-purge-eliminates-121840-people-from-state-rolls/ www.washingtonpost.com/wp-dyn/content/article/2007/08/31/AR2007083100501_pf.html news/index.ssf/2008/10/democrats_cry_foul_as_voter_ro.html com/2011/02/04/us/04census.html?pagewanted=all usatoday30.usatoday.com/news/nation/census/2011-02-03-louisiana-census_N.htm. dramatic decline in the African American population, the Secretary of State conducted voter of State conducted Secretary the African American population, the dramatic decline in election. the 2008 presidential purges before purge and was the hardest hit area of the state in that regard. hit area purge and was the hardest in 2007. 7 Hall v. Louisiana, No. 3:12-cv-00657 (M.D. La. Filed Oct. 18, 2012) 6 Britton Loftin, Louisiana Voter Purge Eliminates 121,840 People from State Rolls, Politic365 (Dec. 31, 2010, 8:30 PM), 5 Voter Purge, Wash. Post (Aug. 31, 2007, 10:16 AM), http:// Alan Sayre, Associated Press, NAACP Challenged Louisiana 4 2008, 6:52 PM) www.nola.com/ See, e.g., Ed Anderson, Democrats cry foul as voter rolls cut, Times-Picayune (Oct. 29, 3 N.Y. Times (Feb. 3, 2011), http://www.nytimes. Campbell Robertson, Smaller New Orleans After Katrina, Census Shows, 2 New Orleans population lost in past decade, USA Today (Feb. 17, 2011, 4:28:39 PM), http:// Rick Jervis, Census: A third of IV. Minority Representation and Charmel Gaulden discussed the Bonner On the issue of African American representation, refusal on numerous about the state legislature’s Both testified process. redistricting state’s in the African American increases district lines to reflect occasions to pass legislation to draw two pending lawsuits—one population demonstrated by the US Census. They referenced III. Voter Purging Post-Katrina Purging III. Voter of the voter Boys Initiative testified about the purging Bonner of the Black Men and Trupania African American com Katrina and the impact on the that took place after Hurricane rolls munity in the metropolitan New Orleans area. Bonner testified that as a result of the country’s result of the country’s testified that as a Bonner area. New Orleans munity in the metropolitan 140,000 lost approximately area the New Orleans metropolitan worst natural disaster, people of purges every two years prevented the City from recovering its population and locating recovering the City from of purges every two years prevented Jay Augustine testified, was challenges, as Reverend displaced voters. Contributing to these request a public records through unable to obtain, were that state legislators and advocates displaced by the storm in of voters addresses list of the temporary and litigation, FEMA’s that took place soon after 2006 mayoral election to inform them about the rescheduled order their to communicating with displaced voters and difficulties securing the storm. The hurdles worked to disfranchise a largely African American segment of the place on the voting rolls the consequences of the purge and testified that, New Orleans population. Bonner discussed majority-minority to majority White. shifted from post-Katrina, New Orleans political leadership in which plaintiffs seek to redraw the district lines for the Baton Rouge City Court given that in which plaintiffs seek to population, but only have the ability to elect a majority of the City’s African Americans are
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 52 PROTECTING MINORITY VOTERS 53 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS in Terrebonne Parish, which Parish, in Terrebonne 8 8 3, 2014). NAACP v. Jindal, No. 3:14-cv-00069 (M.D. La. Filed Feb. Terrebonne Parish Branch their chosen candidates in two of the five districts, and a second of the five districts, candidates in two their chosen uses an at-large system to elect judges to the 32nd judicial district. In Terrebonne, African district. In Terrebonne, to elect judges to the 32nd judicial uses an at-large system testified that no Afri- 20% of the population, yet Bonner approximately Americans comprise case Terrebonne the parish. Plaintiffs in the has ever been elected from can American judge an opportunity for the elections to secure at-large to district-based seeking to move from are to elect a judge of their choice. African American population Commissioner Board School Court Michigan Voters Women Campaign Finance Network and and Media Relations, Michigan Protection Advocacy Service Committee, Michigan NAACP Michigan Islander American Vote Catherine Montgomery Tijuana Police Morris, former candidate, Detroit Matt Robb former mayoral candidate, Detroit Jean Vortkamp, D. Etta Wilcoxon Ellen Katz, Professor, University of Michigan Law University of Ellen Katz, Professor, Justice, Michigan Supreme retired Marilyn Kelly, Gloria Mills, National Action Network Service Chairman, League of Voter Eva Packard, Michigan Rich Robinson, Executive Director, of Governmental Affairs Chris Rodriguez, Director Schmitz, Macomb County Deputy Clerk Todd Legal Redress Chair, Khalilah Spencer, Asian and Pacific President, Board Tran, Theresa
Reform Alliance your Vote Voice Coalition Specialist, Arab Community Center for Economic and Social Services Michigan Michigan Cause Michigan School of Law Appeals WRITTEN TESTIMONY Deborah Stewart Anderson William Rittenberg PUBLIC TESTIMONY PUBLIC Anita Belle, former mayoral candidate, Detroit Michael-David BenDor Melissa Brown Glenn, Michigan Democratic Party Valerie Hairston Richard Monique McCormick PANELISTS Michigan Election State Coordinator, Jan BenDor, University of Michigan Jesse Buchsbaum, Chair, Michigan Election Director, Dolente, Sharon Rachid Elabed, Advocacy and Civic Engagement ACLU of Deputy Legal Director, Dan Korobkin, Common Executive Director, Melanie McElroy, MICHIGAN STATE HEARING HEARING STATE MICHIGAN StateWayne University Law School Detroit, Michigan 2014 January 9, COMMISSIONERS GUEST State University Wayne Jocelyn Benson, Dean, Judge, Michigan Court of Hood, retired Harold
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 54 PROTECTING MINORITY VOTERS 55 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS 2 The branch office 1 Michigan Department of Civil Rights Michigan Department Alliance Michigan Election Reform National Action Network Sierra Club Michigan
states/26/2611555.html and DOJ list of preclearance jurisdictions prior to Shelby: http://www.justice.gov/crt/about/vot/ sec_5/covered.php http://www.justice.gov/crt/records/vot/obj_letters/letters/MI/l_071226.pdf 1 See, United States Census Bureau’s State and County Quickfacts for Buena Vista, Mich.: http://quickfacts.census.gov/qfd/ 2 letter: See, DOJ’s Dec. 26, 2007 determination Dan Korobkin of the American Civil Liberties Union of Michigan and Khalilah Spencer of the of the American Civil Liberties Union Dan Korobkin of the National Association for the Advancement of Colored Michigan State Conference of State branch office in 2007 to close a Secretary People both testified about the attempt African Americans constitute the majority in Buena Vista Township, in Buena Vista Township. Section 5 of voting changes under to obtain preclearance and the municipality was required Holder. Act prior to the decision in Shelby County v. Rights of the Voting I. Attempted Closure of Secretary of State Branch Office in Buena of State Branch Office I. Attempted Closure of Secretary Charter Township Vista MICHIGAN STATE HEARING HIGHLIGHTS MICHIGAN STATE 75 voters, activists and voting rights advocates gathered On January 9, 2014, approximately their experiences of the Mich. to share State University Law School in Detroit, at Wayne in Michigan at a hearing convened by the Lawyers’ voting challenges they continue to face Witnesses issues creating about numerous testified Committee for Civil Rights Under Law. in Michigan, including the attempted process barriers to equal participation in the democratic Township and allegations that the State branch office in Buena of Vista of a Secretary closure under Section its language assistance requirements city of Hamtramck failed to comply with Rights Act. 203 of the Voting APIA Vote - Michigan APIA Vote Common Cause Michigan Bar Association D. Augustus Straker Weiss Jaffe Raitt Heuer & of Michigan Voters League of Women SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) provides a place where citizens register to vote and obtain a photo ID, which is required for to vote and obtain a photo ID, which is required citizens register a place where provides After local 90 minutes away. than voting in Michigan. The next closest branch office is more to the United States Department of Justice (DOJ) about the organizations in Michigan wrote wrote a letter to state officials indicating that of the branch office, the DOJ closure proposed the office could not be legally closed due to the impact on minority voters.
Tran indicated that, in one case, the translated sign displayed indicated that, in one case, the translated sign displayed Tran 4 Section 203 requires that minority language voting materials be provided in communi- voting materials be provided that minority language Section 203 requires 3 http://www.census.gov/rdo/pdf/2011_26293.pdf ties in which greater than five percent of the voting-age population is a language minority. population is a language minority. of the voting-age than five percent ties in which greater in Bengali under Section 203. According voting materials to provide Hamtramck is required Vote), during the Vote-Michigan (APIA Asian & Pacific Islander American of Tran to Theresa sites investigation showed that many poll election, an APIA Vote November 2012 general interpreters, Bengali ballots, make translated materials available or provide failed to provide by Section 203. as required next to the voter bill of rights had nothing to do with voter rights at all. Tran also stated that also stated to do with voter rights at all. Tran next to the voter bill of rights had nothing the translated Bengali machine scanners would not read poll workers complained that voting on the English and the Bengali ballots made it ballots because duplicated ballot numbers significant confusion. cast votes, causing seem as though Bengali voters had already 3 Voting Rights Act Amendments of 2006, Determinations under Section 203 See, Bureau of Census, II. Language Assistance in Hamtramck in Assistance II. Language the 2010 census, the City of Hamtramck from on population figures In October 2011, based Rights of Section 203 of Voting assistance provisions by the language became covered Act. 4 in Michigan.” APIA Vote MI “Final Report on Section 203 Efforts
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 56 PROTECTING MINORITY VOTERS 57 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Minneapolis Highrise Representative Council Minneapolis Highrise Representative Minnesota Kellogg Foundation; member, Kellogg Trust; Kellogg Trust; Kellogg Foundation; member, Regent Emeritus, University of Minnesota Research Group Research Disabilities Policy and administration, Rutgers, the State Women Voters of Wisconsin Voters Women University of New Jersey-Camden Mark Threat Nolan Schmidt, Minnesota Public Interest Nolan Schmidt, Minnesota Public Interest Blong Yang, Minneapolis City Council member Blong Yang, Kathy Tomsich, League of Women Voters of Voters League of Women Kathy Tomsich, Lorraine Minnite, Associate Professor of Public Lorraine Minnite, Associate Professor Wenda Weekes Moore, former Trustee, W. K. W. Trustee, former Moore, Weekes Wenda Virginia Volker Abdirizak Said, Community Organizer, Abdirizak Said, Community Organizer, Andrea Kaminski, Executive Director, League of Executive Director, Kaminski, Andrea Jeff Martin, St. Paul NAACP for People with Developmental Board John Shaw,
Minnesota Minnesota Dorsey and Whitney Minnesota; former Partner, Minnesota Milwaukee Election Commission LLP Director, Mid-Minnesota Legal Aid, Minnesota Director, Disability Law Center Director, One Wisconsin Now, One Wisconsin One Wisconsin Now, Director, Institute Council on Crime and Justice Mark Ritchie, Minnesota Secretary of State Mark Ritchie, Minnesota Secretary Mike Griffin, FairVote Minnesota Mike Griffin, FairVote Mark Halvorson, Citizens for Election Integrity Neil Albrecht, Executive Director, City of Executive Director, Neil Albrecht, Biko Baker, Executive Director, League of Young Voters; national leader in youth civil Voters; of Young League Executive Director, Biko Baker, University of R. Jacobs, Professor, Lawrence Pamela Hoopes, Legal Director and Depuy Pamela Hoopes, Legal Director PUBLIC TESTIMONY PUBLIC PANELISTS NATIONAL COMMISSIONER NATIONAL Warren Spannaus, former Attorney General of Warren Minneapolis, Minnesota February 25, 2014 engagement programs WRITTEN TESTIMONY Catherine Dorr, Citizens for Election Integrity of Citizens for Election Integrity of Catherine Dorr, HEARING REGIONAL MINNEAPOLIS University of Minnesota Law School (Minneapolis and Wisconsin) and (Minneapolis GUEST COMMISSIONERS GUEST Alicia Boehme, Disability Rights Wisconsin and Development Programs Analiese Eicher, John Hottinger, former Minnesota State Senator John Hottinger, Joshua Esmay, Criminal Records Staff Attorney, Staff Attorney, Criminal Records Joshua Esmay, Jerry Franck, Chair, Common Cause Minnesota Jerry Franck, Chair, Older legisla- 1 . Witnesses Law Center District Court for the NorthernDistrict Court District Court of Birmingham Alabama Milwaukee NAACP Group Research Minnesota Public Interest Mid-Minnesota Legal Aid/Minnesota Disability Mid-Minnesota Legal Perkins Coie LLP Richard Rutledge, former City Council Candidate, Rutledge, former City Richard State Senator Hank Sanders, Alabama St. Paul NAACP One Wisconsin Institute One Wisconsin Now Geraldine K. Jackson Voces de la Frontera Voces Take Action Minnesota Take 2011 Wisconsin Act 23 2011 Wisconsin in the Office of Judge J. Foy Guin, Jr., U.S. J. Foy Guin, in the Office of Judge Wisconsin Voter Services, City of Minneapolis Services, City of Minneapolis Voter process, including efforts to curtail early voting in process, Wisconsin and several instances of voting Board for People with Developmental Disabilities for Board Disability Rights Wisconsin Dorsey & Whitney LLP Minnesota FairVote Minnesota Voters League of Women Wisconsin Voters League of Women Karyn L. Rotker, Senior Staff Attorney, ACLU of Senior Staff Attorney, Karyn L. Rotker, Minnesota and Wisconsin gathered at University of Minnesota in Minneapolis, Minn. to share Minnesota and Wisconsin of Minnesota in Minneapolis, Minn. to share at University gathered Neil Albrecht of the Milwaukee Election Commission, Analiese Eicher of One WisconsinNeil Albrecht Now at a hearing convened by the Lawyers’ Committee for Civil Rights Under Law at a hearing convened by the Lawyers’ and Andrea Kaminski of the League of Women Voters of Wisconsin efforts recent discussed Voters Kaminski of the League of Women and Andrea offices from offering early voting after 5 p.m. on the Friday before the election. offering early voting after 5 p.m. on the Friday before from offices MINNEAPOLIS REGIONAL HEARING HIGHLIGHTS MINNEAPOLIS REGIONAL their experiences of the voting challenges they continue to face in Minnesota and Wisconsintheir experiences of the voting challenges testified about numerous issues creating barriers to equal participation in the democratic issues creating testified about numerous to limit early voting in Wisconsin. Legislation passed in 2011 cut early in-person voting from city clerks’ and prohibited weekends to two weeks and one weekend and three weeks three SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE): discrimination at specific polling places in Minnesota. On February 25, 2014, approximately 75 voters, activists and voting rights advocates from 75 voters, activists and voting rights advocates from On February 25, 2014, approximately Citizens for Election Integrity Minnesota Common Cause Minnesota Grace Wachlarowicz, Director of Elections and of Elections Director Grace Wachlarowicz, ACLU of Wisconsin Foundation Ann Gibbons, Attorney, formerly an Attorney Ann Gibbons, Attorney, 1 I. Curtailing Early Voting in Wisconsin Early Voting in I. Curtailing
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 58 PROTECTING MINORITY VOTERS 59 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS ential The witnesses also The witnesses 2 minority voters in the city. minority voters in the Latino voters for proof of citizenship, but not Caucasian voters. Franck also stated that some of citizenship, but not Caucasian voters. Franck also stated that Latino voters for proof election judges in St. Paul denied Hmong voters language assistance and threatened to call voters language assistance and threatened election judges in St. Paul denied Hmong of poor and minority voters, has had extensive evening and weekend early voting hours. voters, has had extensive evening of poor and minority the police on volunteers attempting to assist those voters. the police on volunteers attempting to treatment of minority voters that Election Protection in Minnesota allegedly learned about in of minority voters that Election Protection treatment tion prohibits municipalities from having more than one early voting site. one early voting than more having from municipalities tion prohibits discussed additional legislation that was subsequently enacted into law, which prohibits early which prohibits enacted into law, legislation that was subsequently discussed additional voting on weekends and limits the hours when early voting can occur. and limits the hours when early voting voting on weekends which has a high percentage than the general population. Milwaukee, voting at higher rates 2012. According to Franck, election judges in Golden Valley asked African-American and asked African-American Golden Valley to Franck, election judges in 2012. According 2 Wis. Stat. § 6.86; Wis. Stat. § 6.855 II. Alleged Polling Place Discrimination in Minnesota in Place Discrimination II. Alleged Polling Albrecht indicated that poor and minority citizens tend to access early in-person absentee and minority citizens tend to access indicated that poor Albrecht Jerry Franck, of Common Cause Minnesota, testified about several instances of differ Jerry Franck, of Common Cause Minnesota, Thus, according to Albrecht, restrictions on early voting have a significant impact on poor and a significant impact on poor and on early voting have restrictions to Albrecht, Thus, according District 50 Miss.; Citizens for Educational Awareness Justice Rhodes University of Mississippi Department of Justice Mississippi of the Jackson Area Voters John Hinds, Mississippi State Representative – John Hinds, Mississippi State Representative Kilmichael, Former Mayor, Mary McCaskill Young, McDaniel, Jackson NAACP Wayne Jed Oppenheim, ACLU-Mississippi Voters Barbara Powell, League of Women Reilly Morse, President, Mississippi Center for Reilly Morse, President, the Law Office of Carroll Attorney, Rhodes, Carroll Teens Tunica Founder, Ashley McKay, State Jackson Professor, Ph.D., Orey, D. Byron Voters League of Women Deidra Paine, Member, U.S. J. Brad Pigott, Former U.S. Attorney, Southern Echo Co-Founder, Mike Sayer, Advocate, Disability Rights Shirley Walker, of Women League President, Weaver, Marcia
Mississippi Inc. Alpha Kappa Alpha Sorority, Conference of the NAACP Conference Deborah McDonald Miss. Cause Mississippi Democratic Party of Directors PUBLIC TESTIMONY: PUBLIC activist, Jackson, Mississippi Rims Barber, of Voters Gene Everitt, League of Women Arts Classical Georgia Feran, Director, activist, Jackson Mississippi John Garner, Leyser Hayes, International Chairman, Connection GUEST COMMISSIONERS: GUEST Mississippi State Derrick Johnson, President, of the Law Office Deborah McDonald, Attorney, PANELISTS: Senator David Blount, Mississippi State Senator Ph.D., Disability Rights Advocate Scott Crawford, NAACP of McComb, President, Lexie Elmore, Mississippi Common Evans, President, Lynn UpGrade Mississippi Gabriel, Founder, Yasmin ACLU Mississippi Charles Irvin, Legal Director, Southern Echo Executive Director, Johnson, Leroy Claude McInnis, Former Executive Vice-Chair, UpGrade Mississippi President McKay, Antron MISSISSIPPI STATE HEARING STATE MISSISSIPPI Mississippi College School Of Law Mississippi Jackson, May 29, 2014 COMMISSIONER: NATIONAL Vice-Chairman, Russell, NAACP Board Leon W.
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NATIONAL COMMISSION ON VOTING RIGHTS 60 PROTECTING MINORITY VOTERS 61 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS -
1 Indians Cathy Sykes, Jackson NAACP Cathy Sykes, Band of Choctaw Mississippi Ray Nell Vaughn, of the NAACP Mississippi State Conference Southern Echo Teens Tunica UpGrade Mississippi states/28/2811780.html (last visited July 31, 2014). Laurel, Miss. Laurel, Committee Democratic Executive 1 State & County QuickFacts: Carthage (city), Mississippi, U.S. Census Bureau, http://quickfacts.census.gov/qfd/ Leroy Johnson, President of Southern Echo, testified about the issues facing minority voters President Johnson, Leroy Johnson testified that, “the subversion of the right in the wake of the Shelby decision. Mr. Johnson said that in the city of Mr. ID law.” simply being waged with the Voter to vote isn’t 3,478, the 2013 voting-age population was approximately Carthage, Mississippi, where sioners Carroll Rhodes, Deborah McDonald, and Reilly Morse heard testimony from both both testimony from Rhodes, Deborah McDonald, and Reilly Morse heard sioners Carroll with concerns a wide range of organizations about expert and public witnesses representing of voting rights in Mississippi. Witnesses state the current testified about barriers to voting, and misinformation about ac- identification (ID) law, confusion about the newly adopted voter ceptable forms of identification. Mississippi in Suppression of Voter I. Recent History The National Commission on Voting Rights hearing for the state of Mississippi took place on The National Commission on Voting School of Law in Jackson, Mississippi. Presiding May 29, 2014 at the Mississippi College Commissioner Leon Russell; and Guest Commis Commissioner Derrick Johnson; National MISSISSIPPI STATE HEARING HIGHLIGHTS MISSISSIPPI STATE Mac Epps, Mississippi Move Mac Epps, Mississippi SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE): ACLU-Mississippi Common Cause Mississippi of Mississippi Voters League of Women of the Jackson Area Voters League of Women WRITTEN TESTIMONY: Andrea Scott, Mississippi State Representative – State Representative Scott, Mississippi Andrea Hinds County Jim Spenson, VicePresident, the mayor’s election commission threatened to purge a significant number of voters from to purge a significant number of voters from election commission threatened the mayor’s Johnson, to Mr. the polls, most of whom would have been African-American. According in a However, County. pre-Shelby preclearance decision would have required “the mayor’s only the intense pushback and organization of the local post-Shelby County environment, - - eas eaver eas. She testified However, According to According However, 2 a MS Voter ID card, PM), wreg.com/2014/03/11/free-rides-for-mississippi-voter-id/; see also VOTER ID > How do I get Miss. Sec’y of State, msvoterid.ms.gov/pages/VoterIDHowtoGetID.htm (last visited July 31, 2014). 2 Secretary Of State Offers Free Rides To Obtain Voter ID, WREG Memphis (Mar. 11, 2014, 4:49 Dennis Turner, Mississippi sary hardship that can prevent a poor person . . . from obtaining an official photo ID.” a poor person . . . from can prevent that sary hardship hardships testimony about the personal Gabriel, of UpGrade Mississippi, offered Yasmin of State, to vote. Mississippi Secretary required she experienced acquiring the identification to make it easier for Mississippians without the iden Delbert Hosemann, set up an initiative ride.” ID by way of a “free required tification necessary to obtain the community and the threat of complex expensive litigation could serve as a barrier to this type serve as a barrier litigation could of complex expensive and the threat community intent and effect.” of obvious discriminatory Identification II. Access to Voter Attorney law would affect African American explained how the voter identification Brad Pigott in of African Americans share to Pigott, a far greater According and white voters unequally. licenses. Mississippi lack driver’s discriminatory effect of the voter ID law when Evans, of Common Cause, outlined the Lynn faced by Mississippians in rural ar viewed within the scope of the issues Mississippians, as well as other native Mississippians that “many elderly African-American she have no birth certificate.” Additionally, born at home and therefore were born into poverty, license, they in all likelihood do not have a car. a driver’s explained, “If a person does not have working hours will be an unneces to a county courthouse or other location during Travelling Gabriel, the state-offered “free-ride,” is anything but free. Gabriel testified that the application is anything but free. “free-ride,” Gabriel, the state-offered appli- website, thus an of State’s on the Secretary form for voter identification is not available office when acquiring voter ID. Clerk’s additional time at the Circuit to spend cant is required ride,” an applicant must undergo an to get a “free that in order Gabriel explained Additionally, a number to set up the “free-ride.” he or she is provided before interview process aggressive to get the that the applicant must possess a social security card Gabriel explained Finally, to obtain the state issued identification. ride” “free also testified about of the Jackson Area, Voters of the League of Women Weaver Marcia Mississippi. W the general confusion about acceptable forms of voter identification in or live in ar testified that “some uninformed about voter ID might be intimidated to vote the needs of the education is limited. Remedies must be found for addressing voter where should continue groups schools, and religious organizations, Grassroots uninformed voter. to explain website devotes 27 pages of State’s their voter education efforts. The Secretary rules as listed in the acceptable voter ID. Some poll workers do not understand the photo ID - Manual. The Secre 2014 Mississippi Poll Workers Mississippi Election Code and the current
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 62 PROTECTING MINORITY VOTERS 63 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS e relegated to e relegated IV. Access for the Disabled Jackson, Mississippi, testified about Ph.D., a disability rights advocate from Scott Crawford, when trying to access polling places. Crawford accessibility issues facing disabled voters totally inaccessible to that were precincts were: encountered testified, “among the problems too small unstable or unsafe; precincts that were people with disabilities; makeshift ramps for people using wheelchairs; no signage for ‘ac- to accommodate wheelchairs; no privacy designated as ‘accessible’ but locked; parking were cessible’ entrances, or entrances that too small, gravel, or unlevel; or an an accessible route, was not, either because it was not on spaces. In some instances, polls wer insufficient number of accessible parking III. Redistricting be to redistricting of Mississippi called for Voters Payne of the League of Women Dierdre as the However, the whole process.” participation through and open for public “transparent that had not to be the transparency was Payne testified, “there plans unfolded, redistricting racial motivated by partisan and Changes in the House districts…seemed been called for. gerrymandering.” a small storage building on private property.” tary of State’s website lists 10 acceptable photo IDs, including the Mississippi Voter ID Card. I ID Card. Voter including the Mississippi photo IDs, website lists 10 acceptable tary of State’s confusing to me.” it’s and degree hold a higher education Coalition Branch Middle Tennessee NAACP Election Commission Organized Committee Randolph Institute and Cognitive Assistance Center for Voting Access Law & Advocacy Center of Tennessee Nashville Pastor Kevin Walker Disability Tennessee Director, Westlake, Carol Chair of Housing, NAACP Local Eleanor Woods, Patricia Stokes, President, Urban League of Patricia Stokes, President, County Branch Bolivar-Hardeman Woods, Monroe Davidson County Herzfeld, Commissioner, Tricia Justin Jones, Chairman, Nashville Student & Advocacy Leslie Jones, Kentucky Protection & Advocacy Kentucky Protection Beth Metzger, A. Philip Southern Region Director, Kermit Moore, NAACP Joe Rowe, Chattanooga Hamilton County National Technical Co-Director, Nancy Ward, Disability Public Policy Advisor, Angela Webster, of Williams, Voters League of Women Lynn
Conference of the NAACP Conference National Coalition of Black Civic Participation Immigrant & Refugee Rights Tennessee Coalition Law ACLU of Arkansas University Tennessee House of Representatives Election Finance Board Oklahoma PUBLIC TESTIMONY PUBLIC Flaco Aleman Sheryl Allen Honey Dozier Kokoye Drost Smith Robelard Teddi Raoul Cunningham, President, Kentucky State Raoul Cunningham, President, Attorney Austin Porter, Roundtable, Black Women’s Lottie Shackleford, PANELISTS Johnston, LLC Barrett Attorney, George Barrett, ACLU of Tennessee Castelli, Legal Director, Tom Communication Coordinator, Eben Cathey, Virginia University of West Atiba Ellis, Professor, Policy and Advocacy Strategist, Jillian Fisher, Fogel, Kentuckians for the Commonwealth Tanya Middle State Sekou Franklin, Professor, State Tennessee Gilmore, Brenda Representative Registry of Tennessee Patricia Heim, Chair, ACLU of Brady Henderson, Legal Director, HEARING REGIONAL NASHVILLE Tennessee, Oklahoma, Kentucky, (Arkansas, Virginia) and West Greater Bethel AME Church Tennessee Nashville, COMMISSIONERS GUEST May 8, 2014
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 64 PROTECTING MINORITY VOTERS 65 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - Sorority Inc. Sorority West Virginia Citizen Action West of Delta Sigma Theta Nashville Alumnae Chapter Action Citizen Tennessee NAACP Conference State Tennessee Tennessee Urban League of Middle From left, Austin Porter civil rights attorney in Arkansas; Raoul Cunningham, President of the NAACP Kentucky state left, Austin Porter civil rights attorney in Arkansas; Raoul Cunningham, President From sharing testimony during the Nashville hearing. conference to hear 70 voters, advocates and experts in the voting rights field gathered Approximately Oklahoma and Arkansas, Kentucky, testimony about the voting landscape in Tennessee, elections; topics included: the practice of racial priming in Tennessee Virginia. Testimony West decisions in Chattanooga that led to the loss of a majority minority municipal dis redistricting trict; Kentucky laws and partisan practices that result in thousands of disenfranchised felons; in thousands trict; Kentucky laws and partisan practices that result by the Arkansas voter ID law. barriers to voting created NASHVILLE REGIONAL HEARING HIGHLIGHTS NASHVILLE REGIONAL HEARING Adam Dickson, Washington County NAACP Adam Dickson, Washington SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) of Tennessee American Civil LibertiesUnion Roundtable Black Women’s Commonwealth Kentuckians For The of Tennessee Voters League of Women of Nashville Voters League of Women WRITTEN TESTIMONY oposal con- esentative Harold Ford, Jr, Jr, Ford, esentative Harold Monroe Woods, President of the Bolivar-Hardeman of the Bolivar-Hardeman President Woods, Monroe County Branch of the NAACP and NCVR guest speaking on the importance of citizen commissioner, participation in the governmental process. - firmed that population data supported the creation of a fourth majority-minority district, but of a fourth firmed that population data supported the creation by the majority-white city council. was rejected the proposal II. Redistricting and Vote Dilution in Tennessee in and Vote Dilution II. Redistricting testified about the County NAACP, of the Chattanooga-Hamilton Joe Rowe, Vice President a fourth municipal majority- the City of Chattanooga and Hamilton County to create of failure pr minority district after the 2010 Census. Rowe testified that an independent I. Racial Priming in Tennessee in Priming I. Racial of Political Professor Sekou Franklin, Ph.D., - State Universi Tennessee Science at Middle in testified about the use of racial priming ty, racial elections. Franklin defined Tennessee of negative messages, priming as the use subtle racial appeals, and racial imagery, messages to activate or indirect other direct among voters. adverse racial predispositions He gave several examples of racial priming elec- Tennessee used as a tactic in recent tions. Franklin stated that in 2008, “A controversial the second mailer was distributed throughout - targeted Represen that district of Tennessee Many political observ- tative Nathan Vaughn. mailer was ers believed that the ‘blackbird’ in used to stimulate white racial resentment actually lost the election the race. Vaughn by less than 350 votes.” The mailer super and President imposed the heads of Vaughn Obama onto the bodies of black birds. testified that then-Repr In the 2005 U.S. Senate Election, Franklin Sen. Bill Frist. who is African American, was seeking the seat being vacated by the retiring as: a racially coded Franklin pointed to racial priming tactics used during the campaign, such your way of early to preserve urging whites to, ”Vote pamphlet distributed in east Tennessee and a with African drums beating in the background; criticizing Ford life”; a radio commercial skin color shades to Ford. on the Internet, perhaps distributed assigning different mailer,
PROTECTING MINORITY VOTERS HEARING SUMMARIES
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court-rules-arkansas-voter-id-law-unconstitutional#.U8RGdfldVe8 See 1 Kohls Kentucky has the highest African American disenfranchisement rate in the country with nearly Kentucky has the highest African American to the League of Women ineligible to vote, according one of every four African Americans African to the League, this rate is nearly triple the national According in Kentucky. Voters than 243,000 people having lost their right more American disenfranchisement rate, with of these individuals (or the fact that three-fourths to vote due to a felony conviction, despite Fogel, a member of full sentence. Tanya than 180,000 people) have completed their more and difficulty she testified about the lengthy process Kentuckians for the Commonwealth, her right to vote following a felony conviction. Kentucky law restores experienced regaining Fogel testified, by the Governor. an executive pardon voting rights only through a felon’s by Governor Paul “I happened to fall under two governors. restored My voting rights were 1995 to 2003. But the paperwork filed missed one Patton, a Democrat who served from under Governor the process Ernie I had to go back through Fletcher, So indictment number. had the application process a Republican who was elected in 2003. The second time around and a pay fee.” character references, three provide to write an essay, changed. I was required IV. Disenfranchisement of Formerly Incarcerated of IV. Disenfranchisement Kentucky in Individuals Jillian Fisher, Policy and Advocacy Strategist Policy and Advocacy Strategist Jillian Fisher, testified about the at the ACLU of Arkansas, ID law, Voter of the State’s nature restrictive judge recently circuit which a Pulaski County ruled unconstitutional. III. Restrictive Voter ID Law in Arkansas ID Law in Voter III. Restrictive “Based on national estimates, ten percent of estimates, ten percent “Based on national the necessary ID. Arkansas voters lack law does not provide any assistance in help- law does not provide ing voters obtain IDs, such as transportation, payment for documents needed to obtain in locat- IDs such as birth certificates, or aid ing such documents.” 2 New York NuLeadership on Urban Solutions Lowenstein Center for the Public Interest & Lowenstein Center for the Public Interest Election Protection Law School School State Conference Committee on Voter Participation Committee on Voter Co-Chair, Voting Rights Forward Voting Co-Chair, Clark Yvette Congresswoman Margaret Fung, Executive Director, AALDEF Fung, Executive Director, Margaret Dorothy Hsu, Legal Fellow, AALDEF Legal Fellow, Hsu, Dorothy Bar Association Special Dan Kolb, New York Pace Law Randolph M. McLaughlin, Professor, Center for Executive Director, Pryor, Divine Dr. David H. Stonehill, Attorney & Committee Office of Attorney, Latrice Walker, Dr. Hazel Dukes, President, NAACP New York NAACP New York Dukes, President, Hazel Dr. Susan Lerner, Executive Director, Common Cause Common Cause Executive Director, Susan Lerner, Catherine Weiss, Chair of Public Interest, Chair of Public Interest, Catherine Weiss, James Hong, AACCORD Jaekcle Center SUNY Buffalo Jeff Wice, Fellow, John Feerick, Former Dean, Fordham Law School John Feerick, Former Dean, Fordham for the NAACP New York State Conference for the NAACP New York NAACP Legislative Counsel, Brennan Center at NYU Legislative Counsel, Brennan Newark, former New Jersey Public Advocate Hispanic Federation Brewington Rights New Jersey LatinoJustice PRLDEF School of Law Social Justice at Medgar Evers College, CUNY Committee, Voting Rights Forward Committee, Voting York Attorney General’s Office Attorney General’s York Mary Ciccone, Managing Attorney, Disability Disability Mary Ciccone, Managing Attorney, Lucia Gomez, Executive Director, La Fuente Lucia Gomez, Executive Director, DeNora Getachew, Campaign Manager DeNora Getachew, Co-Chair of the Field and Program Nicole Sammy, Hazel Scottie Coads, Chair of Civil Engagement Fred Brewington, Law Office of Frederick K. Law Office of Brewington, Fred New Kristen Clarke, Chief Civil Rights Bureau, Kirkland & Ellis Erin Merin, Attorney, Rights Forward Russel Semmel, Voting Ron Chen, Acting Dean, Rutgers Law School- PUBLIC TESTIMONY PUBLIC PANELISTS NATIONAL COMMISSIONER NATIONAL Ingrid Alvarez, Connecticut State Director, Connecticut State Director, Ingrid Alvarez, Fordham University School of Law York New York, New NEW YORK CITY REGIONAL HEARING HEARING REGIONAL YORK CITY NEW (Connecticut, New Jersey, and New York) Jersey, New (Connecticut, GUEST COMMISSIONERS GUEST Anthony Cureton, President, Bergen County President, Anthony Cureton, April 11, 2014 April 11, Joan Gibbs, General Counsel, Center for Law and Julissa Gutierrez, NALEO Educational Fund Julissa Gutierrez, Juan Cartagena, President & General Counsel, Juan Cartagena, President John Dunne, former Assistant Attorney General for Civil Rights under President George H. Bush Assistant AttorneyJohn Dunne, former under President General for Civil Rights
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 68 PROTECTING MINORITY VOTERS 69 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - ocess for voters Women Voters of New York State of New York Voters Women School Colored People People Colored MinKwon Center for Community Action National Association for the Advancement of National Association for the Advancement NAACP Legal Defense Fund NALEO Educational Fund of the NAACP New Jersey State Conference of the NAACP State Conference New York Brooke Pierce Pierce Brooke Kirkland & Ellis LLP LatinoJustice PRLDEF Law Center at Fordham Resource Public Interest Carol Mellor, Grassroots Director, League of Director, Grassroots Mellor, Carol YWCA of Queens for Independence of the Disabled, NY for Independence of Fund Evers College, CUNY Redistricting and Democracy Redistricting and Democracy Redistricting Commission representation of minority voters or diluted minority voting strength, in violation of Section 2 of minority voters or diluted minority voting strength, representation in the tri-state region, including equal representation for racial minority communities, contin- including equal representation in the tri-state region, Monica Bartley, Voting Rights Coordinator, Center Center Rights Coordinator, Voting Monica Bartley, Davis Polk & Wardwell LLP Davis Polk & Wardwell Demos Rights Advocates for Voter Fordham Hispanic Federation Brennan Center for Justice at NYU School of Law Brennan Elaine Frazier, Commissioner, Albany City 2012 Albany Commissioner, Elaine Frazier, NEW YORK CITY REGIONAL HEARING HIGHLIGHTS YORK NEW ship with several New York City law firms and voting and civil rights organizations. Witnesses ship with several New York ued barriers for voters with limited English proficiency (LEP) and the disproportionate impact the disproportionate (LEP) and ued barriers for voters with limited English proficiency of felony disenfranchisement laws on communities of color. of felony disenfranchisement laws on communities of color. testified about continued barriers to equal participation in the democratic pr testified about continued barriers to equal participation in the democratic noted that of law at Pace University, Act. Randy McLaughlin, professor Rights of the Voting United States v. Village of Port Chester and two of the cases he litigated using Section 2 (United States v. SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) University School of Law to hear about voting issues in Connecticut, New Jersey and New University School of Law to hear about WRITTEN TESTIMONY Several witnesses testified about cases challenging redistricting plans that lacked equal redistricting Several witnesses testified about cases challenging On April 11, 2014, over 60 voters, activists and voting rights advocates gathered at Fordham at Fordham and voting rights advocates gathered On April 11, 2014, over 60 voters, activists Center for Law and Social Justice at Medgar Center for Law and Social Justice at Medgar Common Cause New York of the NAACP Connecticut State Conference Asian American Legal Defense and Education Asian American Legal Defense and Education Asian American Community Coalition on Asian American Community I. Unequal Representation of Minority Communities in Communities of Minority I. Unequal Representation Redistricting PlansRedistricting York at a hearing convened by the Lawyers’ Committee for Civil Rights Under Law in partner at a hearing convened York - Ron Chen, Acting Dean at Rutgers Law School-Newark, Ron Chen, Acting Dean at Rutgers Law School-Newark, New former New Jersey Public Advocate, and NCVR providing hearing guest commissioner City regional York his opening remarks.
2 F. SUPP.2D 363 (S.D.N.Y. 2003) (E.D.N.Y. 2012); Rodriguez v. Pataki 274 Since there is often no Since there 1 chelle 308 F. Supp. 2d 152 (S.D.N.Y. 2003) lin said that the absence of preclearance lin said that the absence of preclearance ny from James Hong of the American Community Coalition on Redistricting and Democracy, Hong of the American Community Coalition on Redistricting and Democracy, James ny from placed the “burden on the voting rights com- on the voting placed the “burden themselves tomunity and the communities bring these cases.” represented Asian-American voters and “yielded victories for [them].” represented requirements “would mean that millions of requirements immediate remedy in such cases, McLaugh- in such immediate remedy voteindividuals would be losing the right to issues minority voters faced in Bridgeport, Conn. during the 2010 elections. According to According issues minority voters faced in Bridgeport, Conn. during the 2010 elections. Latino voters, respectively, were ultimately were Latino voters, respectively, and costly incredibly successful, but were Rodriquez v. Pataki and is once again being in 2002 in Rodriquez v. state senate districts was challenged Evers College, noted that in the two most recent redistricting cycles the New York state sen- cycles the New York redistricting most recent Evers College, noted that in the two the majority of African where within the City of New York senate districts, particularly districts and losing the right to equal representation.” and losing the right to equal representation.” maps have been characterized by the overpopulation of downstate ate and congressional Favors v. Cuomo. challenged in Favors v. ordered only 21,000 ballots in a city of 68,000 registered voters. In her testimony, voters. In her testimony, only 21,000 ballots in a city of 68,000 registered ordered that underrepresented African-American and African-American that underrepresented tory voting practices, especially with regard to redistricting. In particular, according to testimo- according In particular, to redistricting. regard tory voting practices, especially with were fairly drawn, New York City would have an additional representative in the state senate, have an additional representative City would fairly drawn, New York were City This practice of overpopulating New York which would be a majority-minority district. widespread shortages of ballots at polling sites. The Bridgeport registrars of boters had shortages of ballots at polling sites. The Bridgeport registrars widespread Ingrid Alvarez-DiMarzo, Connecticut state director of the Hispanic Federation, testified to Connecticut state director Ingrid Alvarez-DiMarzo, New Rochelle Voter Defense Fund v. City of Defense Fund v. New Voter Rochelle plans New Rochelle) to challenge redistricting - discrimina often deterred Section 5 preclearance Witnesses how in New York also explained Section 5 preclearance had helped ensure that districts drawn in covered jurisdictions equally that districts drawn in covered had helped ensure Section 5 preclearance 2 Favors v. Cuomo 881 F. Supp. 2d 356 1 Fund v. City of New Ro US v. Village of Port Chester, 704 F. Supp. 2d 411 (S.D.N.Y. 2010); New Rochelle Voter Defense II. Barriers for Minority Voters and Language Access Issues for Minority II. Barriers Additionally, Joan Gibbs, general counsel for the Center for Law and Social Justice at Medgar Joan Gibbs, general Additionally, Gibbs noted that, if the maps In her testimony, reside. Americans and other people of color Alvarez-DiMarzo, Bridgeport, which is predominantly African American and Latino, reported African American and Latino, reported Bridgeport, which is predominantly Alvarez-DiMarzo,
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NATIONAL COMMISSION ON VOTING RIGHTS 70 PROTECTING MINORITY VOTERS 71 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Kristen Clarke, Chief of Civil Rights Bureau at the at the Kristen Clarke, Chief of Civil Rights Bureau Office, speaks on State Attorney General’s New York and their efforts to combat minority voter suppression discrimination. 3 numbers of LEP voters and voters not being numbers of LEP voters - available. Accord were notified if translators hours awaiting a judge’s order for extended hours at the polls and photocopied ballots. Out at the polls and photocopied ballots. for extended hours order hours awaiting a judge’s relegating Bengali speaking interpreters to sit Bengali speaking interpreters relegating recently as July 2, 2013, South Asians in recently bilingual poll workers in precincts with large in precincts bilingual poll workers issues in Queens. identifying interpreters were often missing, were identifying interpreters and available of Chinese interpreter in front ing to Dorothy Hsu from the Asian American Hsu from ing to Dorothy settled, resolving the Bengali interpretation the Bengali interpretation settled, resolving signs.” Hsu stated that a lawsuit was filed signs.” Hsu stated that a lawsuit was Bengali after exit surveys revealed that there that there Bengali after exit surveys revealed Legal Defense and Education Fund, as Legal Defense and Education Fund, Representatives from Asian-American and Asian-American and from Representatives also spoke of the lack of Latino communities against New York City and subsequently City and against New York of confusion and frustration, many individuals left the polling places without voting.” many individuals left the polling of confusion and frustration, were “few interpreters at poll sites and signs at “few interpreters were Queens sought interpretation services in Queens sought interpretation Alvarez-DiMarzo stated that “[t]housands of voters were disenfranchised, standing in lines for standing disenfranchised, of voters were that “[t]housands stated Alvarez-DiMarzo 3 Labor v. Board of Elections, No. 1:13-cv-03732 (E.D.N.Y. 2014) Alliance of South Asian American and Scarborough, LLP and former Dean, North LLP and former and Scarborough, Central University School of Law Carolina University Assembly Defenders Project Vote and the North Carolina North Carolina Rights North Carolina for Social Justice NAACP Carolina Assembly Committee for Civil Rights Under Law Ellie Kinnaird, former state Senator Ellie Kinnaird, Riley Nelson Mullins Partner, Raymond Pierce, Central North Carolina Professor, Irving L. Joyner, Joseph Lofton, retired General Rep. Mickey Michaux, North Carolina Ignite North Carolina Director, Bryan Perlmutter, Common Cause Bob Phillips, Executive Director, Disability Restucha-Klem, Attorney, Mercedes Southern Coalition Allison Riggs, Staff Attorney, North Keith Rivers, Executive Committee Member, Estelle “Bunny” Sanders General North Carolina Rep. Evelyn Terry, Thompson Marcus Lawyers’ Member, Sandra Thompson, Board NAACP AARP North Carolina Advocacy, Elected and Appointed Officials Lincoln County for Social Justice County Guildford General Assembly Center for Civil Rights in Chapel North Carolina Hill of North Carolina Arc Advocacy, Carolina Central University Carolina Director, Lawyers’ Committee for Civil Rights Lawyers’ Committee for Director, Under Law Department of Justice PANELISTS State University Laila Ali, North Carolina North Carolina Preisdent, Willliam Barber, Rev. for Mary Bethel, Associate State Director ACLU North Carolina Legal Director, Chris Brook, Latino Juliana Cabrales, National Association of of Elections, Hon. Judge Caudill, former Director Southern Coalition Anita Earls, Executive Director, of Elections, George Gilbert, former Director Billl Gilkeson, former legal staff, North Carolina University of Elizabeth Haddix, Staff Attorney, of Public Policy and Erika Hagensen, Director Advancement Project Co-Founder, Penda D. Hair, Democracy North Bob Hall, Executive Director, of Political Science, North Jarvis Hall, Professor NORTH CAROLINA STATE HEARING HEARING STATE CAROLINA NORTH Opportunities Industrialization Center Of Rocky Mount Rocky Mount, North Carolina March 28, 2014 COMMISSIONERS GUEST and Executive Barbara Arnwine, President Eva Clayton, former Congresswoman U.S. formerly of the David Harris, attorney,
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 72 PROTECTING MINORITY VOTERS 73 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - - olina and its Between 1971 and 2013, 1 HKonJ People’s Assembly HKonJ People’s NAACP North Carolina Southern Coalition for Social Justice UNC Center for Civil Rights Ophelia Gould-Faison Evelyn Paul Susan Perry-Cole Que Pasa Editor, Santos, Hernando Ramirez Liamia Smith Defender Weekly Nehemiah Smith, owner, George Gilbert, who served as Director of Elections for Guilford County for of Elections for Guilford George Gilbert, who served as Director 2 sec_5/covered.php (last visited July 15, 2014). cords/vot/obj_letters/state_letters.php?state=nc (last visited July 15, 2014). Coordinatoor, North Carolina NAACP North Carolina Coordinatoor, 25 years, testified that “complying with Section 5… was a relatively simple process… [and] simple process… relatively 25 years, testified that “complying with Section 5… was a at Guilford it was very much an active part of our considerations in making the decisions Information Verification Witnesses Voter testimony on the impact that the provided County.” will have on minority voters. and the absence of Section 5 preclearance Act (“VIVA”) 1 Civil Rights Div., Jurisdictions Previously Covered by Section 5, U.S. Dep’t of Just., http://www.justice.gov/crt/about/vot/ 2 Letters for North Carolina, U.S. Dep’t of Just., http://www.justice.gov/crt/re Civil Rights Div., Voting Determination ance of voting changes under Section 5 of the Voting Rights Act. ance of voting changes under Section 5 of the Voting NORTH CAROLINA STATE HEARING HIGHLIGHTS HEARING CAROLINA STATE NORTH at the Opportunities advocates gathered 28, voters, activists, and voting rights On March of the their experiences to share in North Carolina, Industrialization Center of Rocky Mount at a hearing convened by the Law- in North Carolina voting challenges they continue to face Witnesses testified about continued barriers to Law. yers’ Committee for Civil Rights Under the dis- including North Carolina, for voters in process equal participation in our democratic changes in election administration practices on racial minority impact of recent proportionate for racial minority communities. communities and equal representation to seek preclear required 100 counties were Prior to Shelby County, 40 of North Carolina’s SUPPORTING ORGANIZATIONS (NOTEXHAUSTIVE) ACLU of North Carolina Advancement Project Democracy North Carolina Moral Movement Together Forward Clarence Albert, Jr. Clarence Commissioner Orange County Mark Dorosin, Melanie Goff Bradley worker Jenny Catorlich, poll HKongJ Coalition Curtis Gatewood, Rev. Madison Gimmery PUBLIC TESTIMONY PUBLIC the Department of Justice (“DOJ”) interposed 67 objections against North Car the Department of Justice (“DOJ”) interposed 67 objections against North subjurisdictions. - they 4 Penda D. 5 The law 3 Currie v. North A: Currie v. the DMV is open one day a month for the DMV is open one day a month for 6 Gilbert commented that, in his time with the County, “I never found a compelling “I never with the County, Gilbert commented that, in his time 7 democracy-nc.org/downloads/SBOE-DMVMatchMemoApril2013.pdf. public interest that justified the voter ID requirements of House Bill 589.” requirements that justified the voter ID public interest 6 American Fact Finder, U.S. Census Bureau, http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml 7 Driver’s License Office, DMV Hours, http://www.dmvhours.com/office/111-S-York-St-Windsor-NC-27983 Participants also presented testimony on the impact that reducing early voting opportunities testimony on the impact that reducing Participants also presented the early voting period by one week reduced has on minority communities. Part 25 of VIVA to be open during this period. required of elections are the hours county boards and reduced of African Americans and over half of Latinos who voted 70 percent to Penda Hair, According of 36 percent to Bob Hall, “African Americans… were in 2012 used early voting. According of those who voted on 43 percent those who used the first week of early voting. They were that first Sunday.” 3 2013 N.C. Sess. Laws 381 (2013), available at http://www.ncleg.net/Sessions/2013/Bills/House/PDF/H589v9.pdf. 4 NC Voter Statistics, N.C. St. Board of Elections, http://www.ncsbe.gov/webapps/voter_stats/ 5 Bd. of Elections (Apr. 17, 2013), available at http://www. Memorandum from Gary O. Bartlett, Exec. Dir. of N.C. State Early Voting Voter ID to to vote. According photo ID in order to present required voters are Under Part 2 of VIVA, of the voters the State Board of Democracy North Carolina, Bob Hall, the Executive Director African-American. are a valid ID, 34 percent of Elections identified as not having I. H.B. 589: Voter Information Verification Act Verification 589: Voter Information I. H.B. the VIVA. signed into law the GovernorOn August 12, 2013, of North Carolina six hours. reforms many election laws, including establishing a strict photo ID requirement, eliminating ID requirement, including establishing a strict photo many election laws, reforms (Part 20), and reducing voter challenge opportunities expanding same-day voter registration, for the American Civil Liberties the Legal Director Chris Brook, early voting opportunities. every North Carolinian for make it harder is going to “[VIVA] testified, Union of North Carolina borne in communities of color.” going to be disproportionately are burdens to vote, but those voters, of registered 22 percent Americans constitute just over Indeed, although African Hair of the Advancement Project testified that the acceptable forms of photo ID “are difficult forms of photo ID “are testified that the acceptable Hair of the Advancement Project speakers testified Numerous required.” have the documents that are to obtain if you don’t is no per there areas, where in rural difficult be more that the ability to obtain a photo ID can African where Bertie County, Brook, in to Chris according manent DMV office. For example, of the population, Americans make up 62.5 percent represent a much larger proportion of voters who will be adversely affected by VIVA. Several by VIVA. of voters who will be adversely affected a much larger proportion represent federal courts challenging the VIV lawsuits have been filed in state and Ct. filed Aug. 12, 2013); League of Women Sup. (Orange Cnty. , No. 13-CV-001419 Carolina Aug. 12, 2013); , No. 1:13-cv-00660 (M.D. N.C. filed Howard v. of North Carolina Voters 12, 2013); United , No. 1:13-cv-658 (M.D. N.C. filed Aug. McCrory NAACP v. North Carolina (M.D. N.C. filed Sept. 30, 2013). , No. 13-CV-00861 North Carolina States v.
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 74 PROTECTING MINORITY VOTERS 75 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - http://www.citizen-times. 2014), 10, Bob Hall noted that the 9 10 (Apr. According to 2012 census data, Bun- According 8 Citizen-Times Roll, Voter Buncombe the from Removed Voters Dixson, County Board of com/story/news/local/2014/04/10/voters-removed-buncombe-voter-roll/7574481/; see also Buncombe Elections Minutes, Buncombe County Board of Elections (Apr. 22, 2014), http://www.buncombecounty.org/common/elec tion/BoardMtgMinutes/2014/2014-04-22-minutes.pdf. qfd/states/26/2611555.html (M.D.N.C. filed Aug. 12, 2013). See also, Complaint at 14, League of Women Voters of North Carolina v. North Carolina, 1:13-cv-00660-TDS-JEP 9 See, United States Census Bureau’s State and County Quickfacts for Buncombe County, NC: http://quickfacts.census.gov/ 10 8 Romando II. Minority Representation and electoral practices that dilute testimony on redistricting Several witnesses provided tes- Bob Hall provided adequate minority representation. and prevent minority voting strength redistricting plans. Hall testified that the approved timony on the state decennial redistricting Other Changes testimony provided Cause, North Carolina, of Common Director Bob Phillips, the Executive expands the ability of observers to challenge voters’ registration. which on Part 20 of VIVA, voters could not challenge on Election other voters unless they said Phillips, Prior to VIVA, and they could not challenge other voters on early voting days in their same precinct, resided challenge amended these limits to permit voters to VIVA unless they lived in the same county. Day and any voter in the state on other days. Phillips any voter in their county on Election in minority communities, outsiders come in precincts said, “I’ve seen firsthand at high-volume questions of voters outside the polls [in an attempt to disqualify them].” to ask inappropriate challenged 182 Asheville is the county seat, political groups where In Bunscombe County, African-American. were voters, of whom 19.2 percent Reverend Dr. William Barber, the President of the North Carolina State Conference of the State Conference North Carolina of the the President William Barber, Dr. Reverend early vot- Election Day from last Sunday before elimination of the VIVA’s testified that NAACP, initiative, which had been a popular effect on the Souls to the Polls ing will have an adverse chairman of Americans. Joseph Lofton, former African for church-going voting opportunity of Sunday voting can be an that “the presence of Elections, noted County Board the Wake rather than a deterrence.” enhancement to [voting], combe County’s total population is 6.5 percent African American. is 6.5 percent total population combe County’s group of challengers “chose the poorest blackest precinct in Asheville to challenge voters.” blackest precinct of challengers “chose the poorest group testimo- provided Assembly, General the North Carolina Bill Gilkeson, former legal counsel to which eliminated straight-ticket voting. He noted that African-American ny on Part 32 of VIVA, voting. voters make considerable use of straight-ticket - which eliminated same-day registra testimony on Part 16 of VIVA, Barber provided Reverend “African registration: used same-day tion. He noted that African Americans disproportionately ballots.” of the same-day registration Americans cast 34 percent - Reverend Barber testified Reverend 11 Cabrales estimated that among the Latino population, 81 Latino population, 81 Cabrales estimated that among the 13 Minority representation is further hindered by racial bloc voting, which, ac- by is further hindered Minority representation 12 The University of North Carolina Center for Civil Rights, The State of Exclusion, available at http://www.uncinclusionpro ject.org/documents/stateofexclusion.pdf See also, American Fact Finder, U.S. Census Bureau, http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml and American Fact Finder, U.S. Census Bureau, http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtm v. Rucho, No. 201PA12-2 (N.C. filed Oct. 11, 2013). Plaintiff-Appellants’ Brief at 30, Dickson cording Edgecombe County resident Susan Perry-Cole, “is still in existence, still alive and well Edgecombe County resident cording a part of the fabric – particularly in rural eastern North Carolina.” and it’s today, 11 12 Juliana Cabrales, representing the National Association of Latino Elected and Appointed of Latino Elected and Appointed the National Association Juliana Cabrales, representing barriers that voters face. Although North Carolina presented testimony on language Officials, - a grow the state has minority language provisions, Rights Act’s by the Voting is not covered bilingual assistance at the polls. According from ing Latino population that would benefit of the total or Latino origin make up 8.4 percent to 2010 Census data, people of Hispanic population of North Carolina. III. Language Access III. Language maps “systematically packed African Americans in fewer districts… [and] African Americans [and] African Americans in fewer districts… African Americans packed maps “systematically than whites.” likely to live in a split precinct more 50 percent were the for plan since the 19th Century,” voter redistricting plan was “worst that the redistricting the to Anita Earls, districts. According voters into few senate and house way it packing black of the Southern designed to minimize Coalition for Social Justice, “It was Executive Director white voters who voted with of black voters but also progressive [not only] the influence them.” Center Haddix, a senior staff attorneyIn addition, Elizabeth of North Carolina at the University testimony on the continued use of electoral systems that create for Civil Rights, provided racial disparity Among the counties with the greatest a barrier to minority representation. system. Haddix pointed to Hyde all used an at-large or mixed electoral in representation, “but have all white African-American, each over 30 percent and Jones Counties, which are - commissioners at large, but Hyde has resi of County Commissioners. Both elect Boards dency districts.” percent speak another language at home. “Latino participation is significantly enhanced by another language at home. “Latino participation is significantly enhanced by speak percent at convenient vot- the access to translated materials and availability of bilingual poll workers in-person comprehensive available to provide readily ing locations on Election Day who are assistance,” she said. 13
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 76 PROTECTING MINORITY VOTERS 77 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Society for the Advancement of the Deaf Pennsylvania NAACP Urban League of Chief Operations Officer, Philadelphia Network of Pennsylvania ACLU of Pennsylvania Project Legal Defense and Education Fund Philip PJ Mattiacci Philadelphia Charles McGowen, President, J. “Jerry” Whyatt Mondesire, President, President, J. “Jerry” Whyatt Mondesire, and ViceRegine Matellus, Senior President Rights Disability Robert Meek, Managing Attorney, Senior Staff Attorney, Mary Catherine Roper, Advancement Senior Attorney, Marian Schneider, Philadelphia City Commissioner Stephanie Singer, Ana Sostre-Ramos University student, Temple Chance Toland-Wilson, Asian American Staff Attorney, Jerry Vattamala,
Pennsylvania Voting Rights Coalition Pennsylvania Voting Incorporated. Services, Liberty Resources, of Pennsylvania ID Coalition Pennsylvania Voter United Steelworkers Law Center of Philadelphia The Committee of Seventy Cause of Pennsylvania Secretary of State Secretary Court of Common Pleas Rahat Babar, President, APABA Pennsylvania APABA President, Rahat Babar, of the Board, Vice President Bilofsky, Howard Frank Fulton, Manager of Independent Living Sam Hawk interpreter Bishop Daniel Laurent, PUBLIC TESTIMONY PUBLIC PANELISTS Voters League of Women President, Susan Carty, Joe Certaine, former Operations Director, Jamaal Craig, Civil and Human Rights Technician, Interest Public Benjamin Geffen, Staff Attorney, and Policy Director, Ellen Kaplan, Vice President Common Barry Kauffman, Executive Director, Hon. Pedro A. Cortes, former Pennsylvania A. Cortes, former Hon. Pedro former Judge, Philadelphia Hon. Nelson A. Diaz, Philadelphia, Pennsylvania Philadelphia, February 6, 2014 COMMISSIONERS GUEST PENNSYLVANIA STATE HEARING HEARING STATE PENNSYLVANIA National Constitution Center Network Public Witness sharing his testimony at the Philadelphia hearing. Public Interest Law Center of Philadelphia Law Center of Philadelphia Public Interest of National Action Pennsylvania State Chapter the NAACP of Pennsylvania State Conference Pennsylvania Voice PennPIRG LLP Harrison & Segal Schnader, Center SeniorLAW The Urban League of Philadelphia United Steelworkers - I. Inadequate Polling Locations for Minority Precincts for Minority Locations I. Inadequate Polling with the Lower testified about problems Marian Schneider of the Advancement Project In 2008, after experiencing long lines during the in Chester County. precinct East Oxford location of the Lower local election officials sought to move the polling primary, presidential a historically black college. Schneider said that the to Lincoln University, precinct East Oxford parking, and Lincoln polling location at the time was a small building off-campus with limited its gymnasium as a centrally located site. Nonetheless, Schneider testified University offered of Elections voted against moving the polling location and, that the Chester County Board lack of space, insuf- on Election Day in 2008, voters faced long lines due to the location’s PENNSYLVANIA STATE HEARING HIGHLIGHTS HEARING STATE PENNSYLVANIA - On February 6, 2014, at a National Com public hearing or Rights mission on Voting for Civil ganized by the Lawyers’ Committee activists, and vot- voters, Rights Under Law, at the National ing rights advocates gathered share Constitution Center in Philadelphia to their experiences of the voting challenges as well they continue to face in Pennsylvania, in as successes and opportunities for reform ex- included Topics elections. Pennsylvania’s minority cessively long lines at polling sites in communities and voting discrimination under Rights Act in Latino Section 2 of the Voting and Asian communities. SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) ACLU of Pennsylvania Advancement Project Spahr LLP Ballard Committee of Seventy Common Cause PA of Pennsylvania Disability Rights Network Fox Rothschild LLP of Pennsylvania Voters League of Women McKeever & Mitchell National Action Network
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 78 PROTECTING MINORITY VOTERS 79 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS ned away from ned away from had no Spanish-language 3 From left, Benjamin Geffen, staff attorney with the Public From Law Center of Philadelphia; Chance Toland- Interest Ellen Kaplan, University; and Wilson, student at Temple of the Committee of and Policy Director Vice President Seventy testifying at the NVCR hearing in Pennsylvania. the City of Philadelphia agreed to provide interpreters in several Asian lan- interpreters to provide the City of Philadelphia agreed 2 alleged that African-American 1 rdo/pdf/2011_26293.pdf students were denied the right to vote by students were place. being assigned an inadequate polling was The case settled, and the polling location moved to Lincoln University. guages. Despite the settlement agreement, Jerry Vattamala of the Asian American Legal De- Jerry Vattamala guages. Despite the settlement agreement, consistently failed to fense and Education Fund testified that in subsequent elections the City with high concentrations of voters who spoke Asian in several precincts interpreters provide in South Philadelphia, reported languages. During the 2012 general election, long lines were “Vietnamese-American assistance, but there voters that needed language were there where also noted that poll workers Vattamala to Vattamala. according there,” was no interpreter who spoke assistance to voters of a city-operated language hotline to provide unaware were Ana Sostre- in many voters not being able to vote. Similarly, Asian languages, resulting to provide required which is Ramos testified that many polling places in Philadelphia County, Rights Act, language assistance under Section 203 of the Voting 1 See, English v. Chester County, No. 10-244 (E.D. Pa. 2010). 2 No. 06-4592 (E.D. Pa. 2007). See, United States v. City of Philadelphia, 3 under Section 203 http://www.census.gov/ Bureau of Census, Voting Rights Act Amendments of 2006, Determinations Witnesses for Spanish-speaking voters about language access problems also testified in U.S. v. After a 2006 settlement agreement and those who speak Asian languages. Philadelphia, II. Language Access II. Language ficient quantities of polling place equipment of polling ficient quantities small space), every (necessitated by the vote being challenged, and the student’s up-to-date of the county to provide failure “some to Schneider, poll books. According 8 hours to vote. The final voters waited 6 to the 11:30 p.m., after voter voted around called.” Schneider race had been presidential after the election, voters further stated that to petitioned to have the polling place moved of Lincoln University and instead the Board result, Elections moved it further away; as a of the a lawsuit was filed under Section 2 - Ches Rights Act. The case, English v. Voting ter County, interpreters available for limited English proficient voters. Additionally, Sostre-Ramos testified Sostre-Ramos voters. Additionally, available for limited English proficient interpreters tur to Latino voters not being notified about polling place changes and being the polls. Tribal Chairman’s Association Chairman’s Tribal Graduate University Claremont Directions Commission Dakota Ventre Plaintiff, Gros Plaintiff, Northern Cheyenne A. Gay Kingman, Executive Director, Great Plains Great A. Gay Kingman, Executive Director, of Politics and Policy, Professor Jean Schroedel, Four Co-Executive Director, O.J. Semans Sr., Mel Siyo, Rapid City Human Relations ACLU of South Libby Skarin, Policy Director, Litigation Voting Rights William “Snuffy” Main, Rights Litigation Medicine, Voting Mark Wandering
Senate & Advocacy Project Protection Dakota College of Arts & Sciences Tribal Liaison Plaintiff and Northern Arapaho Litigation Plaintiff, Cheyenne River Sioux Plaintiff, Fort Peck Assiniboine and Sioux Rights Litigation Voting PUBLIC TESTIMONY PUBLIC Mark Lone Hill WRITTEN TESTIMONY Cheyenne River Sioux Michelle DuBray, South Dakota State State Senator, Kevin Killer, North Dakota Larsen, Executive Director, Teresa GUEST COMMISSIONERS GUEST University of South Professor, Braunstein, Richard Action Indian People’s Michaelynn Hawk, Director, PANELISTS Rights Litigation Gary Collins, former Voting Voting Rights Litigator Pat Duffy, Rights Attorney and former Voting Steve Emery, Cheyenne River Sioux Julie Garreau, Rights Litigation Bill White Head, former Voting Consultant, Four Directions Healy, Bret Sociologist, Expert Witness in Garth Massey, RAPID CITY REGIONAL HEARING HEARING REGIONAL CITY RAPID and Wyoming) Dakota, South Dakota, (Montana, North Museum Journey The Rapid South City, Dakota 2014 May 1, COMMISSIONER NATIONAL Legal Clinic State University College of Law Indian Arizona Director, Patty Ferguson-Bohnee,
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 80 PROTECTING MINORITY VOTERS 81 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - , Montana Voice Montana Voice Project & Advocacy North Dakota Protection Network North Dakota Women’s of Citizens with Disabilities South Dakota Coalition Western Native Voice Schroedel testified, there was not a single Native American elected to the 105-member state was not a single Native American testified, there Schroedel Jean Schroedel, a professor at Claremont Graduate University, presented research on the research presented Graduate University, at Claremont a professor Jean Schroedel, Historically ability of Native Americans to get elected to political office in South Dakota. I. Minority Representation (South Dakota, Wyoming, Montana) (South Dakota, Wyoming, Representation I. Minority Rapid City commissioners (left) panel of witnesses (right) at the NCVR Rapid City regional hearing. (right) at the NCVR Rapid City regional Rapid City commissioners (left) panel of witnesses members of the public On May 1, 2014, voting rights advocates, voters and, other interested convened by South Dakota, for a hearing at the JourneyCity, Museum in Rapid gathered voting rights and The hearing covered the Lawyers’ Committee for Civil Rights Under Law. South Dakota. Ap election administration issues in Montana, Wyoming, North Dakota, and 40 people attended the hearing, which included testimony on equal access to proximately voting rights the ballot for Native Americans; language access issues; district apportionment; against litigation in Wyoming, Montana, and South Dakota; and the history of discrimination Native Americans in these states. RAPID CITY REGIONAL HEARING HIGHLIGHTS RAPID CITY REGIONAL ACLU of Montana ACLU of North Dakota ACLU of South Dakota ACLU of Wyoming Inc. Four Directions, SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) - Mark Wandering Medicine, lead plaintiff in case Medicine, lead plaintiff Mark Wandering McCulloch, sharing his Medicine v. Wandering experience with voter intimidation. - The case involved a claim brought by members of by members The case involved a claim brought 4 . 3
6 The District 5 and only 14 out of 322 county council seats statewide are held by held are 322 county council seats statewide and only 14 out of 2 According to Schroedel, Native Americans comprise 8.9 percent of the comprise 8.9 percent Native Americans to Schroedel, According 1 Mont. 2014). Id.at 1231. Id. states/46000.html Mont. 2014). - of 105 members of the state legisla out only three Dakota, but currently population in South Native American, are ture Native Americans. Schroedel also testified that no Native American in South Dakota has ever testified that no Native American in also Schroedel Native Americans. of did not comprise a majority electoral district in which Native Americans been elected in an electoral district the population in that 4 See, Large v. Freemont, 709 F. Supp. 2d 1176, 1184 (D. Wyo. 2010). 5 6 3 v. McCulloch, No. CV 12-135-BLG-DWM (D. See, Expert Report of Professor Jean Reith Schroedel, Wandering Medicine 2 Bureau’s State and County Quickfacts for South Dakota.: http://quickfacts.census.gov/qfd/ See, United States Census 1 See, Expert Report of Professor Jean Reith Schroedel, Wandering Medicine v. McCulloch, No. CV 12-135-BLG-DWM (D. legislature prior to voting rights litigation in the 1980s; similarly, Native Americans were not not were Native Americans the 1980s; similarly, rights litigation in prior to voting legislature South Dakota prior to voting rights liti over 300 county council seats in elected to any of the gation in the 1980s. Court concluded that the at-large system for Court concluded that the at-large system Native electing county commissioners diluted in violation of Americans’ voting strength Rights Act. Section 2 of the Voting William “Snuffy” Main, a voting rights litigation plaintiff and member of the Gros Ventre tribe, Ventre WilliamGros member of the “Snuffy” Main, a voting rights litigation plaintiff and Montana and about testified about the history of discrimination against Native Americans in Blaine County (Montana), a case in which the United States Department of United States v. at-large system for electing county commission- Justice (DOJ) alleged that Blaine County’s the Eastern Shoshone and Northern Arapaho Tribes in 2009, which alleged that the at-large the Eastern Shoshone and Northern Arapaho Tribes - method of electing the county commission County violated Section 2 of ers in Fremont Rights Act. After a bench trial, the the Voting stated District Court issued an opinion, which to in pertinent part, “The evidence presented - that discrimination [in Fre this Court reveals effects mont County] is ongoing, and that the palpable. of historical discrimination remain any attempt to character The Court rejects ize this discrimination as being politically, ize this discrimination as being politically, motivated.” rather than racially, Large v. Fremont County (Wyo- Fremont Large v. Liaison, testified about Gary Collins, Northern Arapaho Tribal ming), a case in which he was a plaintiff.
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 82 PROTECTING MINORITY VOTERS 83 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS However, without satellite However, 10 Blaine County Court found in The District 7 Steve Emery, an attorney and former voting Steve Emery, 9 Such coverage required those counties to provide election materi- those counties to provide Such coverage required 8 See, 42 U.S.C.A. § 1973aa-1a(b)(1) any other election, In South Dakota, beginning 46 days before a Primary and General Election, and at least 15 days before for an absentee ballot any registered voter may apply in person at the office of and to the person in charge of the election ballot. See, South during regular office hours up to 5:00 p.m. on the day before the election to cast an in-person absentee In Montana, Dakota Secretary of State’s “Election FAQ” webpage: https://sdsos.gov/elections-voting/election-faq.aspx. an election, but requires in-person absentee voting starts as soon as ballots are available – by not later than 30 days before by noon the day before the voter to submit an absentee ballot in person at the election office or by mail to the election office the election. See, Montana Secretary of State’s Election Frequently Asked Questions webpage: http://sos.mt.gov/elections/ FAQ/index.asp.
als in certain languages other than English. 7 See, United States v. Blaine County, 157 F. Supp. 2d 1145 (D. Mont. 2001) 8 Under Section 203, 67 Fed. Reg. 48,871 (July 26, 2002) See, Voting Rights Act Amendments of 1992, Determinations 9 10 - Co-Executive Direc and O.J. Semans, Sr., of the Cheyenne River Sioux Tribe, Julie Garreau, create satellite offices for in-person absentee testified about efforts to tor of Four Directions, in South Dakota and Montana. Both of these states offer voting on Indian reservations leading up to elections. in-person absentee voting in the weeks III. Access to the Ballot for Native Americans (South Dakota and Americans Native III. Access to the Ballot for Montana) II. Language Access (South Dakota) II. Language by Section 203 covered that were South Dakota had 18 counties Prior to the 2010 census, Rights Act. of the Voting ers violated Section 2 of the Voting Rights Act. Voting Section 2 of the ers violated offices on the reservations, the only place to take advantage of these additional weeks of reservations, the only place to take advantage of these additional weeks offices on the in-person ab- limiting to Garreau, seat. According in-person absentee voting is at the county it difficult for Native Americans to take advantage of sentee voting to the county seat makes to travel required in-person absentee voting because they often lack the time and resources or of the county get a month other residents to the county seat, whereas distances great to the election to vote. At the time of the Commission hearing, the litigation known prior more McCullough, was pending in the United States District Court in Medicine v. as, Wandering that there was a history of official discrimination against Native Americans; racially polarized discrimination against Native Americans; was a history of official that there Native opportunities for discrimination against that enhanced the voting; voting procedures of system; and that under the totality justification for the at-large voting Americans; a tenuous 2. voting system violated Section the at-large the circumstances, rights plaintiff, testified that from 1975 until the last election, Dewey and Ziebach counties did from 1975 until the last election, rights plaintiff, testified that of charge, any materi- translate, free to Emery offered not have any bilingual voting materials. have translated, but the counties never took him up on als that those two counties needed to the offer. e gained only through e gained only through eservations for in-person eservations
11
12 6, 2013). 05003-KES (D.S.D. August v. Gant, 5:12-cv- Motion to Dismiss without Prejudice, Brooks Memorandum Opinion and Order Granting Defendants’ See, (D.Mont. June 16, 2014). Wandering Medicine v. McCullough, et al., No. 1:12-cv-00135-DWM See, Order, (Brooks v. Gant). v. litigation (Brooks Some satellite offices have been established in South Dakota through the cooperative work the cooperative Dakota through have been established in South Some satellite offices in the state wer tribes, but the first of those offices of the county and Montana. That case sought to establish satellite offices on Indian r offices on Indian to establish satellite That case sought Montana. was settled in June 2014. absentee voting and 11 12
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 84 PROTECTING MINORITY VOTERS 85 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Elections Force Task of the Blind Rights Washington Seattle Department of Elections Hon. Charles Johnson (ret.), NAACP Hon. Charles Johnson (ret.), Kittitas County Manager, Gilmore, Delores Rights Maeda, Seattle Immigrant Voting Sharon Council Winkle, Washington President, Cindy Van Esther Harlow, Disability Rights of Oregon Disability Rights of Oregon Esther Harlow, Voice Emily Jameson, Oregon Perkins Coie, LLP Abba Khanna, Attorney, Disability of Public Policy, Director David Lord, Urban League of Metropolitan Mack Murray, Perkins Coie, LLP Attorney, David Perez, Grace Villanueva APACE Art Wang, King County Services Manager, Julie Wise, Voter Native Voice Rhonda Whiting, Chairman, Western
Women Voters of Oregon of Oregon Voters Women Homelessness Washington Montana State of Oregon Voters Bus Washington of State Secretary Oregon Redistricting Commission PUBLIC TESTIMONY PUBLIC National Federation of the Blind Mary Carpenter, League of Former President, Marjorie Easley, Seattle Coalition on Allison Eisinger, Kim Able, President, League of Women Voters of Voters League of Women Kim Able, President, University of Washington Professor, Matt Barreto, ACLU of Scott Crichton, Executive Director, of Secretary Washington Davis, Office of the Tami League of Women Kappy Eaton, Coordinator, Mary Flowers, Seattle NAACP Emilio Garza, Engagement Coordinator, Office of the Josh Goldberg, Policy Advisor, GUEST COMMISSIONERS GUEST Principal, Burkholder Consulting Rex Burkholder, State Washington Commissioner, Dean Foster, PANELISTS NATIONAL COMMISSIONER NATIONAL of the United Farm co-founder Activist, Social Justice Organizer- Huerta, Lifelong Community Dolores Huerta Foundation of the Dolores President Workers, University Of Washington School Of Law Seattle, Washington April 28, 2014 SEATTLE REGIONAL REGIONAL SEATTLE HEARING and Washington) Oregon, (Idaho, Montana, evalence of olf Point School . Witnesses testified Place Andy Morgan, Public Policy Assistant, Rosie’s Rosie’s Public Policy Assistant, Andy Morgan, Citizen Leila Quinn, Generation resident Grace Ross, Worcester Laughlin McDonald NAACP OneAmerica Project Bus Oregon Voice Oregon School of Law University of Washington Seattle Urban League of Metropolitan Bus The Washington Western States Center Win/Win Network According to Crichton, the voting districts at the time of the lawsuit gave each According 1 aclumontana.org/wp-content/uploads/2014/04/WolfPointConsentDecree.pdf. Progressive Association Progressive University I. Vote Dilution in Wolf Point, Montana School District in I. Vote Dilution Scott Crichton of the ACLU of Montana discussed a lawsuit against the W 1 See Consent Decree, Jackson v. Wolf Point Sch. Dist., No. CV-13-65-GF-BMM-RKS (D. Mont. Mar. 13, 2014), available at SEATTLE REGIONAL HEARING HIGHLIGHTS REGIONAL HEARING SEATTLE at 100 voters, activists, and voting rights advocates gathered On April 28, approximately their experiences of to share School of Law in Seattle, Wash. the University of Washington at a and Washington face in Idaho, Montana, Oregon the voting challenges they continue to hearing convened by the Lawyers’ Committee for Civil Rights Under Law in barriers to equal participation in the democratic process issues creating about numerous the pr the Pacific Northwest, including school district vote dilution in Montana, Wash. and vote dilution in Yakima, racial bloc voting in central and eastern Washington, being they were District in Montana on behalf of seven Native American voters who claimed voting because of improper on the school board denied the equal right to representation districts. ACLU of Montana Foundation Foundation ACLU of Washington APACE Disability Rights Oregon Disability Rights Washington Montana Forward of Idaho Voters League of Women of Oregon Voters League of Women of Washington Voters League of Women Montana Conservation Voters Tong Kinwah, Board Member, Chinese Chinese Member, Kinwah, Board Tong Suffolk BSBA candidate, Chris Maynard, WRITTEN TESTIMONY APACE SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE)
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 86 PROTECTING MINORITY VOTERS 87 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS n Washington by n Washington According to Villanueva, many According 2 2013), http://www.yakimaherald.com/photosandvideos/latestphotos/1640067-8/school-board-candidate-who-withdrew- (Oct. 23, 2013), from-race-says; Voters, take note of local campaign dropouts, empty state tax votes, Yakima Herald http://www.yakimaherald.com/news/yhr/wednesday/1599796-8/voters-take-note-of-local-campaign-dropouts-empty 2 candidate who withdrew from race says she plans to serve, Yakima Herald (Nov. 7, See Rafael Guerrero, School board II. Racial Bloc Voting in Central and Eastern Washington Central and Eastern in Voting Bloc II. Racial polarized voting in central and easternSeveral panelists discussed the highly Washington. racially polarized discussed these of the University of Washington, Matt Barreto, Professor leads to Latinos voting in the area use of at-large voting patterns and how the widespread in local government. being vastly underrepresented Graciela Villanueva in a discussed her personal experience falling victim to this polarization Villanueva was running as an appointed Washington. in Yakima, election school board recent the election, months before out of the race several incumbent, and her opponent dropped of the vote. 61 percent yet that opponent won election with resident of the majority white voting district more say on the school board than each resident each resident than board say on the school district more white voting of the majority resident system, Crichton said, members American voting district. Under that of the majority Native member for every 143 residents voting district had elected one board of the majority white member for every 841 one board Native American district elected and those in the majority districts single-member creating with the new plan this year, The case was settled residents. 1.54 percent. than of no more with a population variance voters admitted that race was a factor in voting for her opponent. voters admitted that race was a factor Justice Stephen Gonzalez’ Court discussed State Supreme of Perkins Coie LLP, David Perez, outlining how an opponent (Bruce election campaign (he had been appointed), reelection the last minute, and—despite Justice Gonzalez raising Danielson) filed to run against him at both parties (Danielson raised no money from the most money and securing endorsements many counties in central and easter and did not campaign)—Danielson won by racking up large margins in King County (Seattle) large margins (Gonzalez won reelection counties). and several surrounding According to Khanna, no Latino has ever won to Khanna, no Latino According 3 wa.org/sites/default/files/attachments/2012-08-22--Dkt%201--Complaint.pdf. 3 v. City of Yakima, No. 2:12-cv-03108-TOR (E.D. Wash. Aug. 22, 2012), available at https://aclu- See Complaint, Montes III. Vote Dilution in Yakima, Washington Yakima, in Dilution III. Vote of against the City discussed a Section 2 lawsuit brought Coie LLP, Abha Khanna, of Perkins at-large council districts. its regarding Yakima a seat on the seven-member city council despite Latinos constituting 41 percent of the city’s city’s of the constituting 41 percent city council despite Latinos a seat on the seven-member noted that the Khanna voting age population. Further, of its citizen percent population and 22 had been appointed to the position who has served on the city council only Latino candidate having the advantage of incumbency. bid despite and lost her reelection
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 88 PROTECTING MINORITY VOTERS 89 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS NAACP Columbia Urban League NAACP Carolina and Protection Access Coordinator, Voting Advocacy for People with Disabilities Carolina Jennifer Jenkins, President, Fairfield County Jennifer Jenkins, President, Kevin Myles Joe Neal Julie Sellers Richland County Dori Tempio, James T. McLawhorn, Jr., President and CEO, President McLawhorn, Jr., James T. South President, Lonnie Randolph, Jr., Dr. and Advocacy for Maggie Knowles, Protection Group John Ruoff, Ruoff Rutherford Karen Susan Smith Williams,Brenda M.D., The Family Unit of South Voters Barbara Zia, League of Women
Computing Lab, Clemson University (testimony Eugene, Ph.D) by Wanda read Carolina Progressive Network Progressive House of Representatives Carolina Association Project Computer Science and Engineering, University Computer Science and of South Carolina Court Supreme Carolina WRITTEN TESTIMONY Juan E. Gilbert, Ph.D., Human-Centered by Robert Kopp) Matthew Phillips (testimony read PUBLIC TESTIMONY PUBLIC Saundra Carr ACLU of South Susan Dunn, Legal Director, Nikky Finney Irick Karen PANELISTS South Carolina Executive Director, Bursey, Brett South Representative, Gilda Cobb-Hunter, Jasper County Northern Neighborhood Carrie Fair, Education Voter South Carolina James Felder, Nancy Bloodgood, Partner, Foster Law Firm Nancy Bloodgood, Partner, of the Department of Duncan Buell, Chair Justice, South retired Jr., Hon. Ernest A. Finney, February 6, 2014 COMMISSIONERS GUEST SOUTH CAROLINA STATE HEARING STATE CAROLINA SOUTH Richland County Council Chambers Carolina South Columbia, Brenda Brenda 1 Inc. National Action Network National Action Network with Disabilities, & Advocacy for People Protection Network Progressive South Carolina of the NAACP State Conference South Carolina photo_id_attire_appearance_guidelines 1 See, Attire and Appearance Guidelines, South Carolina State Election Commission. http://www.scvotes.org/2014/05/23/ I. Implementation of Photo ID Law I. Implementation photo ID must comply with free seeking to obtain a state-provided residents South Carolina Guidelines. & Appearance Attire State Election Commission’s, the South Carolina On February 14, 2014, the National Commission on Voting Rights held a hearing at the Rich- Rights on Voting On February 14, 2014, the National Commission and voting rights advocates activists, Voters, mond County Council Chambers in Columbia. they continue to face. For example, Barbara their experiences of the voting challenges shared noted that during of South Carolina, Voters the League of Women Zia, who represented voters faced the fourth longest wait time in the country. the 2012 Election, South Carolina ID and photo Witnesses impact of South Carolina’s about the disproportionate also testified concerns laws on communities of color; expressed misdemeanant/felon disenfranchisement legislation; and spoke about the historical importance of Section 5 of the about proposed minority voting rights. Rights Act in protecting Voting SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Union of South Carolina American Civil Liberties League, Inc. The Columbia Urban The Family Unit of South Carolina Voters League of Women & Educational Fund NAACP Legal Defense HIGHLIGHTS HEARING STATE SOUTH CAROLINA Williams, M.D., a founder of The Family Unit, a Sumter-based 501(c)(3), testified that these Williams, of The Family Unit, a Sumter-based M.D., a founder photo IDs, receiving African-American women from prevent guidelines disproportionately them. disenfranchising thereby caps, hats, scarves or other wearing from applicants for photo ID’s The Guidelines prohibit Even when worn for or medical reasons. head coverings, except those worn for religious the the Guidelines state that a head covering may not obscure or medical reasons, religious face. Face veils, stage make-up, disguises, masks or any other article that would applicant’s distinguishing facial characteristics, such as view or prominent obstruct the full face front also not permitted. The Guidelines also state that tattoos, scars, birth marks, or moles, are glasses, non-prescription Sunglasses, tinted hair cannot obstruct eyes and facial features. except for those worn for medical reasons. also prohibited, glasses, and eye patches are
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 90 PROTECTING MINORITY VOTERS 91 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS The 6 Indeed, although 4 According to the ACLU, these According 3
5 An individual convicted of a non-election misdemeanor loses An individual convicted of a non-election 2
7 files/6813/6243/4513/SC_Felony_Disfranchisement_Factsheet.pdf Id. Id. org/files/pdfs/votingrights/sc_survey.pdf complicated eligibility questions.” 2 in South Carolina, ACLU of South Carolina, http://www.aclusouthcarolina.org/ See, Felony Disfranchisement 3 Id. 4 5 6 See, South Carolina County Election Board Survey on Felony &Misdemeanor Disfranchisement, ACLU, https://www.aclu. 7 the ACLU identified as “slightly more The survey also included other questions. However, these are the three questions that II. Disenfranchisement of Incarcerated and Formerly Incarcer- of Incarcerated II. Disenfranchisement ated South Carolinians misdemeanor that involves convicted of any felony or a individuals who are In South Carolina, until the completion of his/her sentence, including the an election law violation cannot vote and parole. terms of probation According to Williams, these guidelines unfairly prevent African-American women from to Williams, women from African-American According unfairly prevent these guidelines oftentimes adorn because “African-American women their right to vote ourselves exercising concerns about the She also expressed a part of our culture.” It’s in scarves and turbans. DMV, offices and the registration at voter to individuals working afforded of discretion degree and not take your pic- people have the authority to stop office noting “the voter registration guidelines.” fit their attire if you don’t ture the right to vote only for the duration of his/her incarceration. the right to vote only for the duration Brett Bursey, Executive Director of the South Carolina Progressive Network, and Carrie Fair, Fair, Network, and Carrie Progressive of the South Carolina Executive Director Bursey, Brett County Northernwho testified on behalf of the Jasper expressed Neighborhood Association, being implemented. In explaining his concerns in which these laws are about the manner election officials. concerns, a 2008 ACLU survey of South Carolinian Bursey pointed to disenfranchisement laws disproportionately affect communities of color. affect communities disenfranchisement laws disproportionately African-Americans only comprise 27 percent of the state’s voting age population, they com- of the state’s percent African-Americans only comprise 27 disenfranchised individuals. of the state’s prise 64 percent survey results included the following: included survey results asked about the voting eligi- when incorrectly of the election officials answered 61 percent when incorrectly answered convictions; 43 percent bility of individuals with misdemeanor and 41 asked about the voting eligibility of individuals with out-of-state felony convictions; when asked about the voting eligibility of individuals with fed- incorrectly answered percent eral felony convictions. -
10 oduced Likewise, the 8
9 Id. Brennan Center for Justice, 2-3 (Nov. 2006). Citizens Without Proof, a Survey of Americans’ Possession of Documentary Proof of Citizenship and Photo Identification, 10 8 &Misdemeanor Disfranchisement, supra. South Carolina County Election Board Survey on Felony 9 Ms. Zia and Kevin Myles, the NAACP’s Southeast Regional Field Director, raised concerns Southeast Regional Field Director, Ms. Zia and Kevin Myles, the NAACP’s of Senate Bill 227 (SB 227). SB 227 was intr about the likely discriminatory impact Even more troubling, the election officials surveyed in Charleston County, which is the second which is the second in Charleston County, officials surveyed the election troubling, Even more questions. all three answered in the state, incorrectly most populous county Citizenship 227: “South Carolina Voter III. Senate Bill Act” Verification but it never came up for a vote. SB 227 would have during the 2013-2014 legislative session, one to provide to vote for the first time in South Carolina any individual registering required license citizenship: (1) Driver’s United States to prove of the following forms of identification by the license, (2) other photo identification issued driver’s South Carolina a number from issued by another (3) photo identification card Department of Motor Vehicles, South Carolina certifi (4) birth certificate or certified photocopy of a birth state (subject to some restrictions), cate, (5) United States passport or legible photocopy of the pertinent pages, (6) United States cate, (5) United States passport or legible photocopy of the documentation, (7) number of the naturalization documents or a legible of citizenship accepted by or method of proof certificate of naturalization, (8) any document of Indian Affairs card Act of 1986, or (9) Bureau the federal Immigration Reform and Control number. or tribal enrollment card, tribal treaty number, and low-income, impact minority, of citizenship laws, like SB 227, disproportionately Proof less likely than and low income citizens … are elderly voters. As Zia explained, “minority to forms of identification.” In fact, according other voters to have access to [the requisite] of United States citizens seven percent Center, a 2006 study conducted by the Brennan access to U.S. passports, naturalization papers, or birth certificates.” do not have “ready election officials surveyed in Greenville County, which is the most populous county in the which is the County, Greenville surveyed in election officials with misde- the voting eligibility of individuals when asked about answered state, incorrectly meanor convictions. While the Brennan Center study also found that eight percent of white voting-age citizens of white voting-age citizens Center study also found that eight percent While the Brennan of voting- did not have a valid government-issued photo ID, it determined that 25 percent citizens with annual age African Americans did not have one. Likewise, the study found that half as likely to have a valid government-issued photo incomes of less than $35,000 were to the According to citizens with annual incomes of $35,000 and greater. ID as compared of United States citizens 65 years of age or older did not have a valid 18 percent study, government-issued photo ID.
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NATIONAL COMMISSION ON VOTING RIGHTS 92 PROTECTING MINORITY VOTERS 93 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Ruoff Ruoff 11
12 that included a majority African-American district was precleared). (consent stipulation of voluntary dismissal after plan (2008). E. Buhl, Voting Rights in South Carolina: 1982-2006, 17 S. CAL. REV. L. & SOC. JUST. 643-711 See, John C. Ruoff & Herbert (D.S.C. April 25, 2013) See, Barr et al v. Florence County Voter Registration & Elections Comm’n, No. 4:12-cv-01183-RBH 11 - require preclearance that “Section 5 testified principal at Ruoff Policy, John Ruoff, Ph.D., in [South Carolina] or procedure nearly every change in voting practice ments have framed of a DOJ [Department of Justice] objection threat realistic decades … the over the past five For example, Ruoff believes actions.” reasonable to much more [] jurisdictions has brought plan for Florence the 2012 redistricting for the specter of preclearance, that had it not been African-American district. 1 would not have included a majority County School District IV. Importance of Section 5 to Minority Voting Rights Voting 5 to Minority of Section IV. Importance also submitted to the record a law review article that he co-authored, that provides a detailed a detailed provides that article that he co-authored, a law review record also submitted to the between 1982 and 2006. South Carolina history of Section 2 and Section 5 in 12 School of Law NAACP, Political Action Director, NAACP Texas NAACP Texas Political Action Director, NAACP, State Conference Association Familia Vota Voters Young Houston Branch James Tyson National Bar Association Houston Chapter OCA Greater Southern University - Thurgood Marshall Texas of the NAACP State Conference Texas Howard Jefferson, National Board Member, Member, Board Jefferson, National Howard National Bar Vice President, J. Goodwille Pierre, Fort Bend Democratic Party Kyle Longhofer, Mi State Deputy Director, Mario Salinas, Texas League of Texas Christina Sanders, State Director, NAACP Former President, Scantlebury, Carolyn Concerned Citizen Cynthia Spooner,
Chapter, Inc. Chapter, American Redistricting Initiative Texas American Citizens of Representatives Member, OCA-Asian Pacific American OCA-Asian Pacific Member, Advocates School of Law League of Women Voters of Texas Voters League of Women SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) 100 Black Men of America, Houston Metropolitan Austin Black Lawyers Association Inc. Earl Carl Institute for Legal and Social Policy, Urban League, Inc. Houston Area Legal Association J.L. Turner NAACP Houston Branch NAACP Legal Defense and Educational Fund, Inc. NAACP Region VI PUBLIC TESTIMONY PUBLIC Ricky Forrest Crystal Sowemimo WRITTEN TESTIMONY PANELISTS Ann Harris Bennett, Concerned Citizen Asian Texas Rogene Gee Calvert, Director, Policy Specialist, Disability Rights Robin Chandler, Common Cause Texas Haver, Maureen Latin League of United George Korbell, Attorney, Sheila Jackson Lee, U.S. House Congresswoman TEXAS STATE HEARING STATE TEXAS University Southern Texas Houston, Texas April 5, 2014 COMMISSIONERS GUEST & Board Treasurer Deborah Chen, National Thurgood Marshall Craig Jackson, Professor,
PROTECTING MINORITY VOTERS HEARING SUMMARIES
NATIONAL COMMISSION ON VOTING RIGHTS 94 PROTECTING MINORITY VOTERS 95 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS - Haver said that this is an amount some voters are voters are Haver said that this is an amount some 1 txdl/ 1 See, Driver License Renewal and Change of Address, Texas Department of Public Safety. https://txapps.texas.gov/tolapp/ George Korbell, an attorney for the League of United Latin American Citizens (LULAC), Texas voter ID law has on minority groups. impact the testified about the disproportionate how difficult it is for low-income minorities, lacking researched his organization In particular, the distance from this, LULAC compared determine IDs. To licenses, to obtain free driver’s the Texas minority elected officials, including members of the state legislature, the offices of Department of Texas to the nearest U.S. Senate and the U.S. House of Representatives, bus free IDs to the general public. They determined that provides Public Safety office, which Korbell also testified that in 100 two hours each way. travel time averaged approximately Department of Public Safety unable to locate a nearby Texas counties, they were rural Texas II. Restrictive Voter ID Law in Texas Voter ID Law in II. Restrictive Maureen Haver, Common Cause Texas Board Director, testified about voter suppression about voter suppression testified Director, Board Common Cause Texas Haver, Maureen the 2010 election cycle. Haver testified that certain tactics deployed in Harris County during to poll watchers solely at minority precincts placed aggressive the Vote, namely True groups, voters who did not have the same challenged routinely challenge voters. These poll watchers Haver also said Haver. licenses, and driver’s cards on their voter registration home address impacts minorities and the poor because Hous testified that this type of challenge adversely I. Suppressive Voting Tactics Voting I. Suppressive The National Commission on Voting Rights held a hearing on April 5, 2014, at the Thurgood held a hearing on April 5, 2014, Rights on Voting The National Commission nation- Support from Southern University in Houston, Texas. Law at Texas Marshall School of the event a success. Approximately organizations contributed to making al and local partner of Texas-based several panels from and heard hearing the four-hour 50 people attended identifi- voter tactics, intimidation and suppression voter included topics Testimony witnesses. voters as well as challenges facing students, in voter dilution, resulting cation (ID), redistricting language minorities. with disabilities, and in the United States. Since it costs $25 to renters ton has the second-highest rate of minority license, on a driver’s update an address TEXAS STATE HEARING HIGHLIGHTS HEARING STATE TEXAS unable to routinely pay when they move. Ms. Carolyn Scantlebury, Former President of the Former President Scantlebury, pay when they move. Ms. Carolyn unable to routinely People, also for the Advancement of Colored Houston Branch of the National Association and efforts Texas minority precincts at the polls in testified about the intimidation of voters law Scantlebury gave one example where made by poll watchers to mislead voters. that were tactics employed at the polls. had to be contacted due to intimidation enforcement exas voting cases since 2010, he determined that there were instances of racially polarized voting in counties making instances of racially polarized were 2010, he determined that there of the State of Texas. up three-quarters Korbell also testified about the negative impact redistricting in Texas has had on minority vot- redistricting in impact Korbell also testified about the negative in the dilu- County resulted Tarrant in how redistricting ers. One example cited by Korbell was that, in his examination of T tion of Latino votes. Korbell also testified irector of the Texas Asian Asian of the Texas Director Rogene Gee Calvert, transportation. by public office accessible Americans difficulties faced by Asian Initiative, also testified about the American Redistricting that many Asian- These difficulties include the fact voter ID law. of the Texas as a result ID, encounter language documentation to obtain an lack appropriate American seniors long wait times at ID, and endure significant distances to obtain an barriers, must travel Safety offices. Department of Public through Redistricting Strength Voting Minority of III. Dilution Voting Polarized and Racially
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NATIONAL COMMISSION ON VOTING RIGHTS 96 PROTECTING MINORITY VOTERS 97 HEARING SUMMARIES NATIONAL COMMISSION ON VOTING RIGHTS Testimony Virginia State Board of Elections Virginia State Board Elections Education Cons.
Elizabeth Smith Marie Stella Thompson Lynetta Mabel G. Wells for Independent Living Kelly A. Hickok, Resources Jean Jensen, former Deputy and Secretary, Deputy and Secretary, Jean Jensen, former Virginia NAACP President, Carmen Taylor, Courtney Mills, Fair Elections Legal Network Ngyuen, Virginia New Majority Tram of Virginia State Board Secretary, Don Palmer, VA Anna Scholl, Progress Virginia Organizing Cathy Woodson, Service & Kim, Nat’l Korean-American Dong Yoon
Technology & Michael McDonald, George Technology Mason University Club Hanover Elections Board Roads ACLU of Virginia WRITTEN TESTIMONY Micah Altman, Massachusetts Institute of Glen Besa, Director, Virginia chapter of the Sierra Glen Besa, Director, Flora Crittenden Virginia Cowles Kendra Glover PUBLIC TESTIMONY PUBLIC Hope Amezquita, ACLU of Virginia and Hanover NAACP Robert Barnette, President, Mike Burns, Fair Elections Legal Network WilliamRebecca Green, & Mary Law School Project Harris, Hollaback and Restore Merecedies Vote Michelle Kanter Cohen, Project One Virginia Lucyk, 2021 Greg Thursa Crittenden, Urban League of Hampton Thursa Crittenden, Urban Director, Guthrie Gastanaga, Executive Claire PANELISTS Richmond, Virginia Richmond, April 29, 2014 COMMISSIONERS GUEST VIRGINIA STATE HEARING STATE VIRGINIA University Virginia Commonwealth - In the overall 1 However, Mer However, 2 irginia’s photo identification irginia’s
School of Law Sierra Club-VirginiaChapter Hampton Roads, Inc. The Urban League of Virginia New Majority the NAACP of Virginia State Conference Virginia AFL-CIO Virginia Organizing Southern University - Thurgood Marshall Texas of the NAACP State Conference Texas http://www.sentencingproject.org/map/statedata.cfm?abbrev=VA&mapdata=true 1 See, The Sentencing Project’s summary of Virginia’s 2012 incarceration data: I. Disenfranchisement of Incarcerated and Formerly Incarcerated of Incarcerated and Formerly I. Disenfranchisement Virginians estimates that one in five African Americans in Virginia, or nearly The Sentencing Project disenfranchised due to a prior criminal conviction. 243,000 individuals, are VIRGINIA STATE HEARING HIGHLIGHTS HEARING VIRGINIA STATE 40 voters, activists, and voting rights advocates gathered On April 29, 2014, approximately their experiences with voting at Virginia in Richmond to share Commonwealth University anticipated in Virginia at a hearing convened by the Lawyers’ challenges that persist and are Witnessesrelated to on a variety of topics testified Committee for Civil Rights Under Law. faced by Virginians,obstacles to voting that continue to be of including disenfranchisement voters difficult for it more in one city that made individuals, redistricting formerly incarcerated the implementation of V to elect candidates of their choice, and SUPPORTING ORGANIZATIONS (NOT EXHAUSTIVE) Union of VirginiaAmerican Civil Liberties Project Campus Election Engagement of VirginiaThe disAbility Law Center Fair Elections Legal Network Project Hollaback and Restore One Virginia 2021 Education Fund VA Progress Vote Project for Independent Living, Inc. Resources requirement. population, 7.3 percent of Virginians are disenfranchised for that reason. of Virginians are population, 7.3 percent cedies Harris, Executive Director of Hollaback and Restore Project, complained that other complained that Project, of Hollaback and Restore cedies Harris, Executive Director lacking, making it difficult to know the full scope of disenfranchisement. are data and records are eligible to have their rights difficult to assist those who Harris said it is more As a result, process. new automatic restoration under Virginia’s restored restoration of his prison, he advocated for the release from Harris testified that after his own to help others with that difficult Project civil rights, and started the Hollaback and Restore crimes and years, said Harris, with different has changed in recent The process process. pro- restoration requiring different statuses within the criminal justice system current different 2 Id.
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As noted by Rebecca Green, co-director co-director As noted by Rebecca Green, 3 Glover also noted that it created some confusion that the Glover also noted that it created 5 In a request for more information from the city on the redistricting plan, the the city on the redistricting information from for more In a request 4 tion-for-restoration-of-rights.pdf http://hamptonroads.com/2011/02/shifting-population-challenges-suffolks-redistricting. com/2012/06/justice-department-approves-suffolks-voting-map. Department of Justice (“DOJ”) acknowledged concerns that some of the proposed district Department of Justice (“DOJ”) acknowledged concerns that some of the proposed to eliminate the ability of black voters” “motivated, at least in part, by the desire changes were to elect their candidates of choice. 3 - See, Restoration of Civil Rights, Commonwealth of Virginia. https://commonwealth.virginia.gov/media/2598/applica 4 8, 2011: See,”Shifting population challenges Suffolk’s redistricting,” The Virginian-Pilot, February II. Redistricting redistricting in testified about in the national office of the NAACP, a paralegal Kendra Glover, redistricting plan “drew City Council’s Va. after the 2010 census. She said that the Suffolk, districts and pitted [city council and school board] the two African Americans out of their in another large African American district…. The two them against other African Americans and… the two white incum- placed in the same district African-American incumbents were even though the districts in question This occurred not pitted against each other.” bents were of the a larger proportion the 2000 to the 2010 census and contained from actually grew population. city’s cedures. Harris testified that in 2013, former Governor Bob McDonnell began a process to former Governor that in 2013, Harris testified began a process Bob McDonnell cedures. who had been convicted individuals incarcerated the rights of formerly automatically restore of non-violent felonies. as individuals who have automatic is a misnomer, Harris testified that the word However, court costs; have no outstand- paid parole; and/or probation completed their sentence, submit a form to the no pending felony charges, must still restitution; and have ing fines or - the right to vote—re to have their civil rights—including of the Commonwealth Secretary copy of your sentencing order(s), “a requests of the Commonwealth The Secretary stored. restitution associated with your felony costs, fines and/or of payment of court ordered proof record.” conviction(s), and a copy of your criminal names of two of the districts—one predominantly African American and represented by an African American and represented names of two of the districts—one predominantly by a white and represented African-American City Council member and one predominantly plan. transposed in the new redistricting white City Council member—were of the election law program at William of the election law program Law School, these documents can be arduous & Mary with obtaining them, making it challenging for some to obtain, or a cost may be associated This is especially rights restored. and have their voting individuals to complete this process be a lengthy can also said. The process Green true for those with out-of-state convictions, She testified that several individuals who submitted applications in to Green. one, according end of April 2014, more decisions by the not received the summer of 2013 had reportedly than eight months later. 5 Virginian-Pilot, June 9, 2012: http://hamptonroads. See,” Justice Department approves Suffolk’s voting map,” The