E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, JULY 20, 2006 No. 96 Senate The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, FANNIE LOU HAMER, ROSA called to order by the President pro indivisible, with liberty and justice for all. PARKS, AND CORETTA SCOTT tempore (Mr. STEVENS). The PRESIDENT pro tempore. The KING VOTING RIGHTS ACT REAU- Senator from North Carolina. THORIZATION AND AMENDMENTS PRAYER ACT OF 2006 The PRESIDENT pro tempore. To- f The PRESIDENT pro tempore. Under day’s prayer will be offered by the Rev- the previous order, the Senate will pro- erend Ed Sears, Grace Baptist Temple, REVEREND ED SEARS ceed to the consideration of H.R. 9, Winston-Salem, NC. Mr. BURR. Mr. President, it is my which the clerk will report. The guest Chaplain offered the fol- honor and pleasure to welcome our The legislative clerk read as follows: lowing prayer: guest Chaplain this morning, the Rev- A bill (H.R. 9) to amend the Voting Rights Let us pray together. erend Ed Sears of Winston-Salem, NC. Act of 1965. Our Father and our God, as we as- Reverend Sears is from my hometown, RECOGNITION OF THE MAJORITY LEADER semble today in the Senate Chamber, and it is an honor to have him in Wash- The PRESIDENT pro tempore. The we do so with a keen sense of aware- ington today blessing the Senate. majority leader is recognized. ness of our special need of You. Our Na- Reverend Sears is the senior pastor SCHEDULE tion has a rich history of Your many at Grace Baptist Temple in Winston- Mr. FRIST. Mr. President, this morn- blessings, and we ask for those bless- Salem. He has faithfully served Grace ing we are proceeding directly to H.R. ings to continue upon us. May Your Baptist’s congregation of over 1,000 9, the voting rights reauthorization presence be felt, and may Your hand of members for the past 25 years. Rev- bill. We have a unanimous consent divine provision be realized. erend Sears first heard his call to serve order that provides for up to 8 hours of In this awesome assembly today, give in 1971 and has since used his faith to debate today, although I do not expect to each person wisdom and under- minister and lead. In addition to his all that time will be necessary. We will standing for the times that are at service to his church and his commu- proceed to a vote on passage of H.R. 9 hand. With the rich bounty of our his- nity, Reverend Sears holds the distinc- whenever that time is used or yielded tory and the awesome opportunities of tion of blessing both the House of Rep- back, and therefore that vote will this present hour, may we move into resentatives and the Senate. In 2003, occur sometime this afternoon, and I this day with a special sense of Your Reverend Sears was the guest Chaplain expect passage of that voting rights re- call. in the House and now honors us this authorization bill. With our confidence in You and our morning in the Senate. Grace Baptist There are several circuit and district responsibility to each other, we invite Temple, the city of Winston-Salem, court judges that will require some de- Your guidance and direction in the af- and I appreciate his faith and fellow- bate and votes today. We will have a fairs of state this day. In times of de- ship. unanimous consent agreement on those bate and difference, may we remember Reverend Sears has been happily debate times shortly, and we will like- that at the end of the day we are, in- married for 39 years. His wife’s name is ly consider those judicial nominations deed, ‘‘one nation under God.’’ Linda, and they have three daughters, following the passage of the Voting Protect those who serve the cause of Kelly, Millicent, and Heather. I would Rights Act. freedom around our world, especially also like to congratulate Reverend We have been working on an agree- those serving in our Armed Forces. Sears on the newest addition to his ment on the child predator legislation May the love of God the Father, the family, his youngest granddaughter, for a short debate and vote, which will grace and mercy of the Lord Jesus, and Anna Claire Walker. occur today, and we hope to have that the communion of Thy spirit rest upon Mr. President, it is our privilege to agreement as well. Finally, we have an order to proceed the Members of this Senate as they have Reverend Ed Sears lead the Sen- to the child custody protection bill gather to conduct our Nation’s busi- ate in its opening prayer. ness. In Jesus’s Name. Amen. today, and we have Senators who would like to speak on this issue later f f today as well. PLEDGE OF ALLEGIANCE Having said that, the schedule will The PRESIDENT pro tempore led the RESERVATION OF LEADER TIME require votes over the course of the Pledge of Allegiance, as follows: The PRESIDENT pro tempore. Under day—possibly into the evening—in I pledge allegiance to the Flag of the the previous order, the leadership time order to finish. Although there is a lot United States of America, and to the Repub- is reserved. to do and people have requested time

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.000 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7950 CONGRESSIONAL RECORD — SENATE July 20, 2006 to be set aside, I think a lot of that record that the Supreme Court has re- similar success. The State’s voting age time can be yielded back over the quired very extensive records. The Su- population is 34 percent African Amer- course of the day and we will be able to preme Court struck down parts of the ican. Almost 30 percent of its rep- complete the schedule as I have laid landmark legislation protecting resentatives in the State House and 25 out. women against violence because the percent of its delegations in the U.S. In a few moments, after the chair- Court disagreed with the congressional House of Representatives are African man makes his opening statements on ‘‘method of reasoning.’’ It is a little American. the Voting Rights Act reauthorization, hard to understand that conclusion, The Congress of 1965 relied on evi- I will return with an opening state- but they have the final word. They dence that Black registration was so ment as well. It has been a process we have a test on the adequacy of the dramatically lower than White reg- have expedited in many ways because record; that it be congruent and pro- istration that the differences could the importance and significance of this portional. It is sometimes hard to un- only be explained by purposeful efforts legislation is very clear. So I am de- derstand exactly what that test is, but to disenfranchise Black citizens. In- lighted that we are moving to it this we are on guard to compile a very ex- deed, in some cases, the gap was 50 per- morning and that we will be passing it tensive record in order to avoid having centage points. In Alabama, Black reg- later this afternoon. the act declared unconstitutional. istration was just at 18 percent, and in The PRESIDENT pro tempore. The The bill which we will vote on today Mississippi, a little over 6 percent. Senator from Pennsylvania is recog- accomplishes many important items. Today, in Alabama and Louisiana, nized. First, it strengthens voting rights pro- Blacks are registered at approximately Mr. SPECTER. Are we prepared to tections nationwide by allowing voters the same rate as White voters, and in proceed at this time with the consider- who successfully challenge illegal vot- Georgia, Mississippi, North Carolina, ation of the Voting Rights Act? ing practices to recover reasonable ex- and Texas, Black registration and The PRESIDENT pro tempore. That penses of litigation. Second, it extends turnout in the 2004 election was higher is correct. the protections for voters with limited than that of the Whites. Mr. SPECTER. Mr. President, this is English skills for 25 years. Those vot- The Congress of 1965 relied on find- a historic day for the Senate and really ers will continue to enjoy the protec- ings of Federal courts and the Justice a historic day for America as we move tion of bilingual ballots and assistance Department that the covered States forward with Senate action to reau- at the polls. It also extends for 25 years were engaged in the practice of delib- thorize the Voting Rights Act. This ac- the requirements that the Department erate unconstitutional behavior. For tion, coming from the Judiciary Com- of Justice preclear any voting change example, the 1965 Senate report noted mittee in our executive session yester- in certain covered jurisdictions where that Alabama, Louisiana, and Mis- day afternoon, passed unanimously—18 there has been a history of discrimina- sissippi had lost every voting discrimi- to 0—moves the Senate toward comple- tion. The bill clarifies how the nation suit brought against them, and tion of this reauthorization today and preclearance protections should work, in the previous 8 years, each State had for submission to the President and for guaranteeing that voting laws enacted eight or nine courts find them guilty of the formal signing next week. with a discriminatory purpose never violating the Constitution. In an era where many have chal- get enacted into law. So, it moves Today, the statistics paint a starkly lenged the ability of the Congress to America in the right direction. different picture. Since 1982, only six function in the public interests and in The benefits and effects of the Voting cases have ended in court ruling or a an era where there is so much partisan Rights Act of 1965 have been profound, consent decree finding that one of the disagreement, it is good to see the two to put it mildly. It is the political 880 covered jurisdictions had com- parties in the House and the Senate power of the minorities for whom the mitted unconstitutional discrimina- coming together to reauthorize this Voting Rights Act was designed who tion against minority voters. During very important legislation. pushed the Congress forward a year in that time, six cases have found that a I thank and congratulate the mem- advance of the expiration of the Voting noncovered jurisdiction committed un- bers of the Senate Judiciary Com- Rights Act, to move ahead and get this constitutional discrimination against mittee for pulling together and moving important job done early. minority voters. If the data is focused ahead at this time, with a prodigious If you contrast 1964, before the Vot- on the last 11 years, the results are amount of work, to bring this impor- ing Rights Act was passed, with what is even more dramatic. Since 1995, only tant matter to the floor. The com- happening in America today, it is a dif- two cases ended in a finding that a cov- mittee has proceeded with 9 hearings. ferent America. It is a different polit- ered jurisdiction unconstitutionally We have had 46 witnesses. We have had ical reality. In 1964, there were only ap- discriminated against minority voters. 11 leading academics come to testify proximately 300 African Americans in Looking at voting rights cases paints from such distinguished institutions as public office, including just 3 in the a similar picture. In 1982, 39 court cases the Yale Law School, Stanford Univer- Congress. Few, if any, Black elected of- ended with a finding that one of the 880 sity, the University of Pennsylvania ficials came from the South. Today, covered jurisdictions had violated Sec- Law School, New York University Law there are more than 9,000 Black elected tion 2 of the Voting Rights Act. That is School, and others. officials, including 43 Members of Con- the provision that prohibits discrimi- The House of Representatives held 12 gress. This is the largest number ever. nation nationwide. During the same pe- hearings to gather evidence on voting Quite a record. The Voting Rights Act riod of time, 40 court cases have ended discrimination, featuring testimony has opened the political process for with a finding that one of the non- from some 46 witnesses. many of the approximately 6,000 Latino covered jurisdictions have violated We have had some of the leading lu- public officials who have been elected, Section 2. Not a perfect record, but it minaries in the Nation testify, such as including 263 at the State or Federal shows that discrimination has become Professor Chandler Davidson, coauthor level, 27 of whom serve in Congress. more incidental and less systematic. of the landmark book on the Voting This progress is especially striking in There is no doubt this improved Rights Act ‘‘Quiet Revolution in the covered jurisdictions where hundreds of record is a direct result of the Voting South;’’ Theodore Shaw, Director- minorities hold office. In Georgia, for Rights Act. When we take a look at Counsel and President of the NAACP example, minorities are elected at civil rights legislation generally, the Legal Defense and Education Fund; rates proportionate to or higher than Voting Rights Act is the most impor- Fred Gray, veteran civil rights attor- their numbers. In Georgia, the voting- tant part of our effort to give minori- ney who began his career in the midst age population is 27 percent African ties—give all Americans—their full of the civil rights movement in the American. Almost 31 percent of its del- range of constitutional civil rights. 1950s and has represented such civil egations to the House of Representa- When we take a look at the activities rights leaders as Dr. Martin Luther tives are African American, and 26.5 of the three distinguished women for King, Jr., and Mrs. Rosa Parks. percent of officials elected statewide whom the Voting Rights Act has been We have been mindful in presenting are African American. Black can- named—Coretta Scott King, Rosa these witnesses and compiling this didates in Mississippi have achieved Parks, Fannie Lou Hamer—we see the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.003 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7951 enormous contribution which they bers. One member was on the floor firmed that, in view of the proof of racial have made. Mrs. King, the widow of managing a bill and the other couldn’t motivation and continuing racially discrimi- pioneering civil rights leader Martin be there. So there was that kind of en- natory effect, the state law violated the Fourteenth Amendment. Luther King, Jr., devoted a lifetime to thusiasm. (2) Dillard v. City of Foley, 926 F. Supp. 1053 opposing racism, whether the 1960s seg- Now I want to yield to Senator (M.D. Ala. 1995) (ACLU Rep., p. 57). regation Alabama or the 1980s apart- LEAHY, the distinguished ranking African American plaintiffs in the City of heid in South Africa. Fortunately, she member. The committee has quite a Foley, Alabama, filed a motion to require lived to see so much of the progress record for 18 months. We moved the City to adopt and implement a non- America has made. Sadly, her husband, promptly on January 4 to confirm the discriminatory annexation policy and to annex Mills Quarters and Beulah Heights. Dr. King, did not see that. President’s designee for Attorney Gen- Plaintiffs also claimed that the City had vio- I recall, not too long ago, when Mrs. eral. We moved ahead to pass reform lated section 5 and section 2. As a result of King came to the Senate, in the adjoin- legislation on class actions and bank- negotiations, the parties entered into a con- ing room to the Senate Chambers, and ruptcy. We moved ahead, with Senator sent decree. The decree found plaintiffs had spoke out forcefully on the issues of LEAHY’s leadership and the leadership established ‘‘a prima facie violation of sec- civil rights. She was a real heroin in of Judge Becker, to move asbestos out tion 2 of the Voting Rights Act and the United States Constitution.’’ Id. at p. 59. America, to pursue the work of Dr. of committee—yet to be acted on, on (3) Brown v. Board of School Comm’rs., 706 F. King. the floor. We have confirmed two Su- 2d 1103 (11th Cir. 1983) (U Mich. L.Rep., http:// Every American schoolchild knows preme Court Justices and have moved www.votingreport.org.). the story of Miss Rosa Parks who, on the immigration bill out of committee. A class of African American voters chal- December 1, 1955, refused to give up her But none of our activities has been as lenged Mobile County’s at-large system for seat to a white passenger. She ex- important as the one we presented to electing School Board members. In 1852, Mo- bile County created at-large school board plained her motivation simply: the floor of the Senate yesterday when elections of 12 commissioners. In 1870, the People always say that I didn’t give up my we voted out the Voting Rights Act. election procedures changed; instead of se- seat because I was tired, but that isn’t true. Mr. President, I ask unanimous con- lecting all 12 commissioners, voters would I was not tired physically. . . . I was not old, sent that additional materials be print- select 9 of the 12 and the other 3 would be ap- . . . I was forty-two. No, the only tired I was, ed in the RECORD. pointed. This system had the effect of ensur- was tired of giving in. There being no objection, the mate- ing minority representation on the school Fannie Lou Hamer first learned that rial was ordered to be printed in the board. In 1876, the Alabama state legislature African Americans had a constitu- eliminated the Mobile County school board RECORD, as follows: system and returned the County to the 1852 tional right to vote in 1962, when she Below is a summary of all the cases that at-large election scheme which remained in was 44 years old. Ms. Hammer later ex- Senate Judiciary Committee staff has lo- effect until this suit was brought. plained that, despite death threats and cated in which a court or a settlement found The district court found that by re- violence, she was determined to exer- a constitutional violation of voting rights. instating the at-large election system, the cise her constitutional rights and said: Only six cases resulted in a finding that a Alabama state legislature intended to dis- criminate against African Americans in Mo- The only thing that they could do to me covered jurisdiction committed unconstitu- bile County in violation of the Fourteenth was to kill me, and it seemed like they had tional discrimination against minority vot- and Fifteenth Amendment. The Eleventh been trying to do that a little bit at a time ers. Six cases ended in a finding that found Circuit affirmed. ever since I could remember. that a covered jurisdiction had committed unconstitutional discrimination against GEORGIA So we come to this day in the Senate white voters. Six cases in non-covered juris- (4) Miller v. Johnson: 515 U.S. 900 (1995) where we are on the verge of passing dictions found unconstitutional voting prac- (ACLU Rep., 126–27). the Voting Rights Act, reauthorizing it tices against minority voters, and two In August 1991, the Georgia legislature as the House has done. The President against white or majority voters. adopted a congressional redistricting plan will be speaking within the hour to the An additional 22 cases found a constitu- based on the new census containing two ma- NAACP convention and doubtless will tional violation, but these did not involve ra- jority minority districts—the Fifth and the cial discrimination or any conduct addressed refer proudly to the acts of the Con- Eleventh. A third district, the Second, had a by the Voting Rights Act. Accordingly, these 35.4% black voting age population. The state gress in presenting him with this bill. cases are not relevant evidence for reauthor- submitted the plan for preclearance, but the I want to pay tribute to the Judici- ization. Attorney General objected to it. Following ary Committee. All the members Staff reviewed the ACLU’s 867-page Voting another objection to a second plan, the state worked very hard to get these nine Rights Report, which discusses 293 cases adopted a third plan which contained three hearings and to examine the witnesses brought since June 1982. Staff also reviewed majority black districts, the Fifth, the Elev- and to create a record. Senator KEN- the database for the University of Michigan enth, and the Second. The plan was Law School Voting Rights Report. The data- precleared on April 2, 1992. Following the de- NEDY, who is on the floor, has been a base was constructed by searching the ‘‘fed- cision in Shaw v. Reno, a lawsuit was filed stalwart leader in this field for a very eral court’’ databases of Westlaw or Lexis for by white plaintiffs claiming that the Elev- long time. He was here when the Vot- any case that was decided since June 29, 1982 enth Congressional District was unconstitu- ing Rights Act of 1965 was passed. Not and mentions section 2, 42 U.S.C. § 1973. Of all tional. One of the plaintiffs was George too many current Members of the Sen- the identified section 2 lawsuits, 209 pro- DeLoach, a white man who had been defeated ate were present. Senator BYRD, Sen- duced at least one published liability deci- by McKinney in the 1992 Democratic pri- ator INOUYE—this is not in my prepared sion under section 2. Staff reviewed the mary. Although the Eleventh District was text. I may be omitting someone. Sen- ‘‘state reports’’ introduced into the record not as irregular in shape as the district in and available at RenewTheVRA.org. Finally, Shaw v. Reno, the district court found it to ator STEVENS came shortly there- staff reviewed the consent decrees intro- be unconstitutional, holding that the ‘‘con- after—1968. duced into the November 8, 2005 House Judi- tours of the Eleventh District . . . are so dra- Senator KENNEDY doesn’t need a ciary Committee hearing on the minority matically irregular as to permit no other microphone when he speaks about civil language provisions of the Voting Rights conclusion than that they were manipulated rights in this Chamber. He can be Act. along racial lines.’’ The Supreme Court af- firmed. It did not find the Eleventh District heard on the House floor—quite a dis- I. COVERED JURISDICTIONS DISCRIMINATING was bizarrely shaped, but it held the state tance away, past the Rotunda. He has AGAINST VOTERS not only been a spokesman for this act, had ‘‘subordinated’’ its traditional redis- ALABAMA tricting principles to race without having a he has been a persistent advocate. Not (1) Hunter v. Underwood, 730 F.2d 614 (11th compelling reason for doing so. The court that it needed a whole lot of advocacy Cir. 1984), affirmed 471 U.S. 222 (1985) (ACLU criticized the plan for splitting counties and to persuade the latest chairman or my Rep., p. 51). municipalities and joining black neighbor- distinguished ranking member, Sen- The ACLU represented two voters who hoods by the use of narrow, sparsely popu- ator LEAHY, to move ahead. This has were disenfranchised under a nearly 80 year- lated ‘‘land bridges.’’ On remand the district been our priority item. We got the Ju- old law that prohibited those who had com- court allowed the plaintiffs to amend their diciary Committee together on a mitted a ‘‘crime of moral turpitude’’ from complaint to challenge the majority black voting. Id. at p. 52. The court struck down Second District, which the court then held Wednesday afternoon. It is pretty hard the law because there was evidence that was unconstitutional for the same reasons it to get the Judiciary Committee to- when it was adopted in the early 1900s, the had found the Eleventh District to be uncon- gether any time and to get a quorum, legislators intended to disenfranchise black stitutional, [and] the legislature adjourned but we were present, 16 of the 18 mem- voters. The Supreme Court unanimously af- without adopting a congressional plan.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.005 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7952 CONGRESSIONAL RECORD — SENATE July 20, 2006 (5) Common Cause v. Billups: 4:05–CV–201 Plaintiffs objected and filed a plan in which had also been violated because plaintiffs did HLM (N.D. Ga.) (ACLU Rep., 185–91). all seven trustees would be elected from sin- not have standing to challenge the appoint- The Department of Justice precleared the gle-member districts. The court, applying ment procedures. photo ID bill on August 26, 2005. The ACLU Gingles and the totality-of-circumstances NEW MEXICO filed suit in federal district court, charging tests, held that defendants’ plans violated (4) United States v. Socorro County, Civ. Ac- the law violated the state and federal con- section 2 and the Fourteenth and Fifteenth tion No. 93–1244–JP (November 8, 2005 House stitutions, the 1965 Voting Rights Act, and Amendment. The court ordered that a seven- Judiciary Committee Hearing Record) the 1964 Civil Rights Act. The district court member district plan for electing trustees be The United States sued pursuant to sec- issued a preliminary injunction holding immediately implemented according to dis- tions 2, 12(d), and 203 of the VRA, alleging plaintiffs had a substantial likelihood of suc- trict boundaries drawn by the court. violations of the VRA and the 14th and 15th ceeding on several grounds, including claims VIRGINIA Amendments arising from Socorro County’s that the photo ID law was a poll tax and vio- (11) Moon v. Meadows, 952 F. Supp. 1141 election practices and procedures as they af- lated the equal protection clause of the Con- (E.D. Va. 1997) (ACLU Rep., p. 691). fected Native American citizens of the coun- stitution. The state appealed to the Eleventh In 1995, several white voters challenged the ty, including those Native American citizens Circuit, which refused to stay the injunction. Third Congressional District in federal court who rely on whole or in part on the Navajo In an attempt to address the poll tax burden as an unconstitutional racial gerrymander. language. In its 1993 consent agreement, the cited by the district court in its injunction, In 1997, the district court invalidated the defendants did ‘‘not contest that in past the Georgia legislature passed a new photo Third Congressional District, finding that elections [the county] failed to make the ID bill providing for free photo identification race had predominated in drawing the dis- election process in Socorro County equally cards. available to Native American and non-Na- (6) Clark v. Putnam County: 168 F.3d 458 trict and that the defendants could not ade- tive American citizens as required by Sec- (11th Cir. 1999) (ACLU Report at 384–89). quately justify their use of race as a dis- In 1997, four white plaintiffs filed a lawsuit tricting factor. tion 2 [of the VRA] and the Fourteenth and challenging the constitutionality of the ma- (12) Pegram v. City of Newport News, 4:94cv79 Fifteenth Amendments, nor [did] defendants jority black county commission districts as (E.D.Va. 1994) (ACLU Rep., p. 714). contest that in past elections the county has racial gerrymanders in violation of the In July 1994, the ACLU filed suit on behalf failed to comply fully with the minority lan- Shaw/Miller line of cases. In January 2001, of African American voters challenging the guage requirements of Section 203 [of the the district court dismissed the complaint. at-large method of city elections in the City VRA].’’ (5) United States v. Bernalillo County, Civ. The Eleventh Circuit reversed, holding that of Newport News. On October 26, 1994, a con- Action No. 98–156 BB/LCS (November 8, 2005 the district court erred in failing to find un- sent decree was entered in which the City ad- House Judiciary Committee Hearing Record) constitutional intentional discrimination. mitted that its at-large system violated sec- tion 2 as well as the Fourteenth and Fif- The United States sued pursuant to sec- LOUISIANA teenth Amendments. The consent decree re- tions 2, 12(d), and 203 of the VRA, alleging (7) Hays v. Louisiana, 515 U.S. 737 (1995) quired the City to implement a racially fair violations of the VRA and the 14th and 15th (ACLU Rep., p. 481). election plan. Amendments arising from Bernalillo Coun- White plaintiffs successfully challenged II. NON-COVERED JURISDICTIONS ty’s election practices and procedures as Louisiana’s Fourth Congressional District as DISCRIMINATING AGAINST VOTERS they affected Native American citizens of unconstitutional ‘‘race-conscious’’ redis- the county, including those Native American tricting. Id. at p. 481. The Supreme Court CALIFORNIA citizens who rely on whole or in part on the granted cert., but then dismissed the case for (1) Garza v. County of Los Angeles, 918 F.2d Navajo language. In its 1998 consent decree, lack of standing. 763 (9th Cir. 1990) (U Mich. Law School’s Re- the defendants did ‘‘not contest that in past NORTH CAROLINA port. http://www.votingreport.org). elections the county has failed in particular (8) Shaw v. Hunt, 517 U.S. 899 (1996) (ACLU Latino voters alleged that district lines for areas to make the election process as acces- Rep., p. 513). the Los Angeles County Board of Supervisors sible to Native American citizens as it was The 12th District of North Carolina was were gerrymandered to dilute their voting to non-Native American citizens as is re- 57% black and was persistently challenged strength. Plaintiffs requested creation of a quired by Section 203, Section 2, and the by white voters and its boundaries were con- district with a Latino majority for the 1990 Fourteenth and Fifteenth Amendments.’’ sidered by the Supreme Court four separate Board of Supervisors election. The Ninth Cir- NEW YORK times. The ACLU participated as an amicus cuit affirmed that the County had adopted and applied a redistricting plan that resulted (6) Goosby v. Town Bd. of Town of Hemp- in defending the constitutionality of the 12th stead, 180 F. 3d 476 (2d Cir. 1999) (U Mich. District. In 1996, the Supreme Court struck in dilution of Latino voting power in viola- tion of section 2, and by establishing and L.Rep., http://www.votingreport.org). down the plan for the 12th District on the Representatives of the Town Board of maintaining the plan, the County had inten- grounds that race was the ‘‘predominant’’ Hempstead were chosen through at-large tionally discriminated against Latinos in factor in drawing the plan and the State had elections. African American voters alleged violation of the Fourteenth Amendment’s subordinated its traditional redistricting that they were unable to elect their pre- Equal Protection Clause. principles to race. Id. ferred candidates. The district court held SOUTH CAROLINA FLORIDA that the at-large elections violated section 2 (9) Smith v. Beasley, 946 F. Supp. 1174 (2) McMillan v. Escambia County, 748 F.2d and ordered the Town to submit a six single- (D.S.C. 1996) (ACLU Rep., p. 572). 1037 (11th Cir. 1984) (U Mich. L.Rep., http:// member district remedial plan. The Board White voters filed suit in 1995 challenging www.votingreport.org). submitted two plans. The one the Board pre- three state senate districts. A year later, an- Black plaintiffs claimed that the at-large ferred was a two-district system, consisting other group of white voters filed suit chal- election of county commissioners in of one single-member district and one multi- lenging nine house districts. In both cases, Escambia County diluted their voting power member district. The other plan consisted of the plaintiffs claimed that the districts were in violation of section 2 and the Fourteenth six single-member districts. The district drawn with race as the predominant factor and Fifteenth Amendments. The district court held that the two-district plan violated in violation of the Shaw/Miller line of deci- court found that the State had not imple- the Fourteenth Amendment, but the six-dis- sions. The cases were consolidated for trial, mented the plan with a racially discrimina- trict plan did not. The Board appealed. The and black voters, represented by the ACLU, tory purpose, but it had maintained it with Second Circuit affirmed the district court’s intervened to defend the constitutionality of such a purpose. holding that the Board’s proposed two-dis- the challenged districts. Following a trial, a HAWAII trict plan violated section 2 and the Four- teenth Amendment because blacks had no court issued an order in September 1996, find- (3) Arakaki v. Hawaii, 314 F.3d 1091 (9th Cir. access to the Republican Party candidate ing three of the challenged senate districts 2002) (U Mich. L.Rep., http:// slating process. and nine of the house districts unconstitu- www.votingreport.org). tional because they ‘‘were drawn with race A group of Hawaiian citizens of various PENNSYLVANIA as the predominant factor.’’ Id. ethnic backgrounds sued the State of Hawaii (7) Marks v. Stinson, 1994 WL 146113 (E.D. TEXAS alleging that the requirement that those ap- Pa. Apr. 26, 1994) (U Mich. L.Rep., http:// (10) League of United Latin American Citizens pointed to the Office of Hawaiian Affairs www.votingreport.org). v. Midland Indep. Sch. Dist., 648 F. Supp. 596 must be of Native Hawaiian ancestry vio- Republican candidate for State Senate, (W.D. Tex. 1986) (U Mich. L.Rep., http:// lated the Fourteenth Amendment, the Fif- Bruce Marks, the Republican State Com- www.votingreport.org). teenth Amendment, and section 2 of the Vot- mittee and other plaintiffs challenged the Latino plaintiffs argued that the at-large ing Rights Act. The Eleventh Circuit found election of Democrat William Stinson for the election system diluted their votes. The par- that the restriction on candidates running Second Senatorial District. Although Marks ties agreed to a court order that eliminated for Office of Hawaiian Affairs on the basis of received approximately 500 more votes from the election scheme and defendants sub- race violated the Fifteenth Amendment as the Election Day voting machines than mitted a proposal in which four trustees well section 2 of the Voting Rights Act. The Stinson, Stinson received 1000 more votes would be elected from single-member dis- Ninth Circuit vacated the district court’s than Marks in absentee voting. Marks and tricts and three would be elected at large. judgment that the Fourteenth Amendment the other plaintiffs contended that Stinson

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.002 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7953 and his campaign workers encouraged voters ‘‘is an unconstitutionally malapportioned stitution’s one-person-one-vote principle. to undermine proper absentee voting proce- plan, and is in violation of sections 2 and 5 of The plaintiffs won summary judgment and a dures and requirements, such as falsely the Voting Rights Act.’’ Id. at 584. preliminary injunction to prevent elections claiming that they would be out of the coun- (3) Duffey v. Butts County Board of Commis- from taking place under the plan. The court ty or would be physically unable to go to the sioners: Civ. No. 92–233–3–MAC (M.D. Ga.) adopted a plan that maintained two major- polls on Election Day. Plaintiffs also con- (ACLU Report at 237–38). ity-black districts. tended that Stinson and the other Defend- Suit challenging districting plans for (8) Wright v. City of Albany: 306 F. Supp. 2d ants had focused their efforts to encourage Board of Education and Board of Commis- 1228 (M.D. Ga. 2003) (ACLU Rep. 289–93). illegal absentee voting on minorities. sioners that were determined to be Black residents of the city, represented by The court held: (1) defendants violated malapportioned after the 1990 census. Plain- the ACLU, sued in 2003 to enjoin use of an al- plaintiffs’ First Amendment rights of asso- tiffs sought, and obtained, a preliminary in- legedly constitutionally malapportioned dis- ciation because plaintiffs were denied the junction finding that the election districts tricting plan and requested that the court freedom to form groups for the advancement were ‘‘constitutionally malapportioned.’’ supervise the development and implementa- of political ideas and to campaign and vote Parties entered consent decree that retained tion of a remedial plan that complied with for their chosen candidates; (2) defendants’ five single member districts for both boards the principle of one person, one vote, and the actions denied plaintiffs’ right to Equal Pro- and established two majority black districts. VRA. According to the ACLU report, ‘‘In a tection by discriminating against the Repub- Plan was precleared by DOJ. series of subsequent orders, the court grant- lican candidate and by treating persons dif- (4) Calhoun County Branch of the NAACP v. ed the plaintiffs’ motion for summary judg- ferently because of their race; (3) defendants Calhoun County: Civ. No. 92–96–ALB/ ment, enjoined the pending elections, adopt- violated plaintiffs’ Substantive Due Process AMER(DF) (M.D. Ga.) (ACLU Report at 238– ed a remedial plan prepared by the state re- right to vote in state elections by abusing 40). apportionment office, and directed that a the democratic process; and (4) defendants 1979 suit to enjoin the use of at-large elec- special election for the mayor and city com- improperly applied a ‘‘standard, practice, or tions for failure to comply with Section 5. mission [be] held in February 2004.’’ procedure’’ in a discriminatory fashion in The county had changed to at-large voting in (9) Woody v. Evans County Board of Commis- violation of the VRA, targeting voters based 1967 following increased black registration. A sioners: Civ. No. 692–073 (S.D. Ga. 1992) (ACLU on race and denying minority voters the three-judge panel enjoined the at-large Report at 297–300). right to vote freely without illegal inter- scheme, finding it had never been submitted In 1992, the ACLU filed suit on behalf of ference. Finally, the court ordered the cer- for preclearance. A consent order then cre- black voters challenging an allegedly tification of Bruce Marks as the winner of ated five single-member districts, two of malapportioned districting plan for the the Second Senatorial District seat for the which were majority black, and two at-large county commission and board of education 1993 Special Election because Marks would seats. After the 1990 census, black voters under the Constitution and Section 2 of the have won the election but for the illegal ac- again sued, alleging the districts were VRA. According to the ACLU report, ‘‘on tions of the defendants. malapportioned. According to the ACLU re- June 29 the district court enjoined ‘holding port, ‘‘the district court entered an order en- TENNESSEE further elections under the existing joining the upcoming primary election for (8) Brown v. Chattanooga board of Comm’rs, malapportioned plan for both bodies.’’’ the board of education under the 722 F. Supp. 380 (E.D. Tenn. 1989) (U Mich. (10) Bryant v. Liberty County Board of Edu- malapportioned plan. The parties then L.Rep., http://www.votingreport.org). cation: Civ. No. 492–145 (S.D. Ga.) (ACLU Re- agreed upon a new plan that complied with Black citizens of Chattanooga sued the port at 340–42). the equal population standard and main- Board of Commissioners for its use of at- ‘‘Because Liberty County was left with a tained two of the districts as majority large elections. The court held: (1) applying malapportioned districting plan based on the black.’’ the Gingles test, the method of electing 1980 census, the ACLU filed suit in 1992, on (5) Frank Davenport v. Clay County Board of Board of Commissioners violated section 2 behalf of black voters seeking constitu- Commissioners, NO. 92–98–COL (JRE) (M.D. because the electoral practice resulted in an tionally apportioned election districts for Ga.): Civ. No. 92–98–COL (JRE) (M.D. Ga.) abridgment of black voter’s rights; and (2) the county. The court granted plaintiffs’ mo- (ACLU Report at 256–59). the Property Qualified Voting provision of The county had failed to preclear its tion for preliminary injunctive relief on July the Chattanooga charter violated the Four- change to an at-large system of voting for 7, 1992, and the following year the parties teenth Amendment under rational basis re- county commissioners in 1967. In 1980, mem- agreed to a redistricting plan in which two of view because permitting a nonresident who bers of the local NAACP challenged the at- the six single member districts contained owns a trivial amount of property to vote in large system and the failure to comply with majority black voting age populations. The municipal elections does not further any ra- Section 5. The court found a section 5 viola- plan was precleared by the Justice Depart- tional governmental interest. tion, which resulted in a return to single- ment on April 27, 1993.’’ III. CONSTITUTIONAL VIOLATIONS NOT member districts. After the 1990 census (11) Hall v. Macon County: Civ. No. 94–185 INVOLVING RACE showed the commission districts to be (M.D. Ga.) (ACLU Report at 348–49). (1) Vander Linden v. Hodges, 193 F.3d 268 malapportioned (and following an attempt to According to the ACLU Report, ‘‘The (4th Cir. 1999) (ACLU Rep., p. 562). create equal districts which was not [Georgia] general assembly failed to redis- Residents of Dorchester, Berkeley, and precleared before a 1992 legislative poison trict the two boards during its 1992, 1993, and Charleston Counties, in South Carolina, filed pill provision rendered it void), the ACLU 1994 sessions, and in 1994, the ACLU filed suit suit in 1991 alleging that the counties’ legis- sued seeking a remedial plan for the upcom- on behalf of Macon County residents against lative delegation structure violated the ing elections. The parties entered a consent county officials seeking a constitutional Fourteenth Amendment’s one-person, one- decree in which the county admitted the dis- plan for the 1994 elections. On July 12, 1994, vote requirement and was adopted with an tricts were malapportioned in violation of the court enjoined the upcoming election unconstitutional purpose to discriminate the Fourteenth Amendment’s one person one and ordered the parties to present remedial against African American voters. The dis- vote requirement and agreed to the redis- plans by July 15, 1994. In March 1995, the trict court rejected both claims. The Fourth tricting plan which had been created before court ordered a five district plan that rem- Circuit held that the structure violated the the 1992 poison pill invalidated it. The plan edied the one person, one vote violations and one-person, one-vote rule (making no find- was precleared by DOJ. ordered special elections be held.’’ ings of discriminatory intent) and did not (6) Jones v. Cook County: Civ. No. 7:94–cv–73 (12) Morman v. City of Baconton: Civ. No. address the second claim. (WLS) (ACLU Report at 271–72). 1:03–CV–161–4 (WLS) (M.D. Ga.) (ACLU Re- (2) NAACP v. Board of Trustees of Abbeville The ACLU filed suit on behalf of black vot- port at 364–65). County School District No. 60, Civ. No. 8–93– ers in 1994, alleging that the county board of Suit to block the use of a constitutionally 1047–03 (D.S.C. 1993) (ACLU Rep., p. 583). commissioners and board of education dis- malapportioned districting plan following The Board of Trustees of Abbeville County tricts were constitutionally malapportioned the 2000 census. According to the ACLU Re- School District 60 traditionally consisted of after the 1990 census. According to the port, ‘‘Black residents of Baconton, with the nine members, five of whom were elected ACLU’s report, ‘‘In a hearing on December assistance of the ACLU, then filed suit in from single member districts and two each 19, 1995, county officials agreed that ’the rel- federal court to enjoin use of the 1993 plan on from two multi-member districts. African evant voting districts in Cook County are the grounds that it would violate Section 5 Americans were 32% of the population of the malapportioned in violation of the equal pro- and the Fourteenth Amendment. The day be- school district, but all the districts were ma- tection clause of the fourteenth amendment fore the election the court held a hearing, jority white and only one member of the to the United States Constitution.’ A con- and, hours before the polls opened, granted board was African American. In 1993, black sent decree allowed sitting commission an injunction prohibiting the city from im- residents of the school district and the local members to retain their seats but imple- plementing the unprecleared and unconstitu- NAACP chapter filed suit challenging the mented a new plan, correcting the mal- tional plan.’’ method of electing the board of trustees as apportionment for the 1996 elections.’’ (13) Ellis-Cooksey v. Newton County Board of violating the Constitution’s one person, one (7) Thomas v. Crawford County: 5:02 CV 222 Commissioners: Civ. No. 1:92–CV–1283–MHS vote requirement and violating section 2 by (M.D. Ga.) (ACLU Report at 272–74). (N.D. Ga.) (ACLU Report at 370–73). diluting minority voting strength. The court 2002 suit alleged single-member districts According to the ACLU report, the 1990 decided that the existing plan for the board were malapportioned in violation of the con- census showed that the five single member

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.004 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7954 CONGRESSIONAL RECORD — SENATE July 20, 2006 districts for the county board of commis- under Section 5. According to the ACLU Re- The ACLU sued in August 2002, alleging sioners and board of education were con- port, ‘‘After plaintiffs moved for a prelimi- that the county commission lines were stitutionally malapportioned. ‘‘After the leg- nary injunction to block the 1984 board of malapportioned in violation of the Constitu- islature failed to enact a remedial plan, the commissioners election, a consent order was tion and Section 2 of the VRA. According to ACLU filed suit on behalf of black voters in issued acknowledging that the districts were the ACLU Report, ‘‘After plaintiffs filed suit, Newton County in June 1992, seeking con- malapportioned, and instructing both parties the county stipulated that its commission stitutionally apportioned districts for the to submit reapportionment plans to the districts were malapportioned, and that ‘It is commission and school board. The suit also court. . . . On February 27, 1985, after trial possible . . . to draw a five single member sought to enjoin upcoming primary elec- on the merits, the court ruled the challenged district plan with at least one majority tions, scheduled for July 21, 1992, as well as plan unconstitutional and directed the de- black district in Telfair County.’ The plain- the November 3 general election. The parties fendants to adopt a new plan and seek tiffs then filed for summary judgment and settled the case the following month and the preclearance under Section 5 within 30 asked the court to hold the existing plan un- court issued an order that ‘[t]he 1984 district days.’’ constitutional and order a new plan into ef- (17) Cooper v. Sumter County Board of Com- plan does not constitutionally reflect the fect. . . . Ruling that the existing plan was missioners: Civ. No. 1:92–cv–00105–DF (M.D. current population.’’’ malapportioned and ‘violates the one person, Ga.) (ACLU Report at 422–23). (14) Lucas v. Pulaski County Board of Edu- one vote standard of the equal protection After the release of the 1990 census, the cation: Civ. No. 92–364–3 (MAC) (M.D. Ga.) clause of the Fourteenth Amendment,’ the (ACLU Report at 380–84). ACLU brought suit on behalf of black plain- tiffs, alleging that the county’s commission court noted that the plan had been sub- Black residents of the county, represented mitted for Section 5 preclearance and ruled by the ACLU, filed suit in 1992 to enjoin up- districts were malapportioned in violation of the constitutional principle of one person, the motion for summary judgment was coming elections under an allegedly con- one vote. On July 27, 1992, the district court ’largely moot.’’’ stitutionally malapportioned plan. Accord- entered a consent order finding ‘‘mal- ing to the ACLU report, ‘‘On October 14, 1992, (21) Holloway v. Terrell County Board of apportionment in excess of the legally ac- the district court entered a consent order in- Commissioners: CA–92–89–ALB/AMER(DF) ceptable standard.’’ volving the board of Education, affirming (M.D. Ga.) (ACLU Report at 441–44). (18) Williams v. Tattnal County Board of that ‘Defendants do not contest plaintiffs’ Commissioners: Civ. No. CV692–084 (S.D. Ga.) In June 1992, the ACLU filed suit on behalf allegations that the districts as presently (ACLU Report at 426–27). of black voters challenging the mal- constituted are malapportioned and in viola- After the 1990 census, the ACLU, on behalf apportionment of the county board of com- tion of the Fourteenth Amendment of the of black residents, sued to enjoin further missioners under the Constitution and Sec- Constitution.’’’ use of an allegedly constitutionally tion 2 of the VRA. According to the ACLU (15) Cook v. Randolph County: Civ. No. 93– malapportioned districting plan. According Report, ‘‘After the reapportionment suit was 113–COL (M.D. Ga.) (ACLU Report at 389–93). to the ACLU Report, ‘‘On July 7, 1992, the brought in 1992, defendants admitted the According to the ACLU Report, ‘‘On Octo- district court, finding that the existing plan plan was malapportioned. . . . The parties ber 5, 1993, black voters, represented by the was malapportioned, enjoined the July 1992, negotiated a new redistricting plan, cor- ACLU, filed suit. They asked the court to en- primary elections for the board of commis- rected the malapportionment, and created join elections for the school board and board sioners and board of education until such two effective majority black districts. De- of commissioners on the grounds that the time as an election could be held under a spite this agreement, the county proposed, districting plan for both bodies was either court ordered or a precleared plan.’’ and had the 1993 Georgia General Assembly malapportioned in violation of the Constitu- (19) Spaulding v. Telfair County: Civ. No. adopt, a redistricting plan which plaintiffs tion and Section 2, or had not been 386–061 (M.D. Ga.) (ACLU Report at 431–33). did not support. . . . In February 1994, the precleared pursuant to Section 5. Later that In September 1986, the ACLU filed suit on Department of Justice precleared the coun- month, on October 29, the parties signed a behalf of five black voters alleging that ty’s redistricting plan over the objections of consent order stipulating that the existing the county board of education was the black community. . . .’’ county districts were malapportioned, and malapportioned. According to the ACLU Re- (22) Flanders v. City of Soperton: Civ. No. agreeing on a redistricting plan containing port, ‘‘On October 31, 1986, less than a week 394–067 (S.D. Ga.) (ACLU Report at 447–49). five single member districts with a total de- before the November general election, the viation of 9.35%. Three of the five districts court entered a consent order staying the According to the ACLU Report, ‘‘in No- were majority black.’’ elections, ordering a new apportionment vember 1994, the ACLU again brought suit on (16) Houston v. Board of Commissioners of plan, and providing for a special election. behalf of black voters in Soperton, chal- Sumter County: Civ. No. 94–77–AMER (M.D. The court found that ‘Plaintiffs have estab- lenging the five member city council as Ga.) (ACLU Report at 420–22). lished a prima facie case that the current ap- malapportioned in violation of one person, The ACLU brought suit in 1984 on behalf of portionment of the Board of Education is in one vote. . . . A consent order was filed Au- black county residents charging that the five violation of the Fourteenth Amendment,’ gust 7, 1995, in which both parties agreed the member board of county commissioners was and required the defendants to develop and city election districts were malapportioned, malapportioned in violation of the Constitu- implement a new apportionment for the and adopted a districting plan with a total tion and Section 2 of the VRA. The suit also school board within 60 days.’’ deviation of 6.8% that contained two major- charged defendants with failing to secure (20) Crisp v. Telfair County: CV 302–040 (S.D. ity black districts of 75.34% and 72.92% black preclearance of a valid reapportionment plan Ga.) (ACLU Report at 439–41). voting age population, respectively.’’

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Citizen minority voting age population per- Minority percent- State centage Minority percentage in State Senate Minority percentage in State House Number minority officials age in U.S. House (2000 Census) (2005) (2005) (2001) delegation

Alabama ...... Black: 24.5 ...... 22.86 ...... 25.71 ...... 756 ...... n/a Alaska ...... Black: 3.0 ...... Black: 5.0 ...... Black: 2.5 ...... n/a ...... n/a Native: 25.0 ...... Native: 20.0 ...... California ...... Hispanic of any race: 21.4 ...... 22.5 ...... 22.5 ...... 757 (as of 2000) ...... n/a Florida ...... Black: 13.0 ...... Black: 7.5 ...... Black: 13.3 ...... Black: 243 ...... n/a Hispanic of any race: 12.6 ...... Latino: 15.0 ...... Latino: 9.2 ...... Latino: 89 ...... Georgia ...... Black: 27.2 ...... 19.6 ...... 21.7 ...... 611 ...... 30.7 Louisiana ...... Black: 30.0 ...... 23.1 ...... 21.9 ...... 705 ...... 14.3 Mississippi ...... Black: 34.1 ...... 21.2 ...... 29.5 ...... 897 ...... 25 North Carolina ...... Black: 20.5 ...... 14.0 ...... 15.8 ...... 491 ...... 7.7 South Carolina ...... Black: 27.8 ...... 17.4 ...... 20.1 ...... 534 ...... 16.7 Texas ...... Black: 11.6 ...... Black: 6.5 ...... Black: 9.3 ...... Black: 9.4 Hispanic of any race: 26.5 ...... Latino: 19.4 ...... Latino: 18.0 ...... Latino: 2,000 (as of 2003) ...... Latino: 15.6 Virginia ...... Black: 18.4 ...... 12.5 ...... 11.0 ...... 246 ...... 9.1 Source for Citizen Minority Voting Age Population: U.S. Census Bureau Report on 2004 Election. Source for all other information: The Bullock-Gaddie Voting Rights Studies: An Analysis of Section 5 of the Voting Rights Act.

MINORITY REGISTRATION AND TURNOUT

2004 Registration 2004 Turnout State Minority White Minority White percentage percentage percentage percentage

Alabama ...... Black: 72.9 ...... 73.8 ...... Black: 63.9 ...... 62.2 Alaska ...... n/a ...... n/a ...... Native: 44.8 ...... Non-Native: 68.4 California ...... Black: 67.9 ...... 56.4 ...... Black: 61.3 ...... 51.3 Latino: 30.2 ...... Latino: 25.6 ...... Florida ...... Black: 52.6 ...... 64.7 ...... Black: 44.5 ...... 58.4 Latino: 38.2 ...... Latino: 34.0 ...... Georgia ...... Black: 64.2 ...... 63.5 ...... Black: 54.4 ...... 53.6 Louisiana ...... Black: 71.1 ...... 75.1 ...... Black: 62.1 ...... 64.0 Mississippi ...... Black: 76.1 ...... 72.3 ...... Black: 66.8 ...... 58.9 North Carolina ...... Black: 70.4 ...... 69.4 ...... Black: 63.1 ...... 58.1 South Carolina ...... Black: 71.1 ...... 74.4 ...... Black: 59.5 ...... 63.4 Texas ...... Black: 68.4 ...... 61.5 ...... Black: 55.8 ...... 50.6 Latino: 41.5 ...... Latino: 29.3 ...... Virginia ...... Black: 57.4 ...... 68.2 ...... Black: 49.6 ...... 63.0 Nationwide ...... Black: 64.3 ...... 67.9 ...... Black: 56.1 ...... 60.3 Latino: 34.3 ...... Latino: 28.0 ...... Source for Citizen Minority Voting Age Population: U.S. Census Bureau Report on 2004 Election. Source for all other information: The Bullock-Gaddie Voting Rights Studies: An Analysis of Section 5 of the Voting Rights Act.

Mr. SPECTER. Mr. President, it is The Voting Rights Act is the corner- Judiciary Committee yesterday in spe- with special thanks that I acknowledge stone of our civil rights laws. We honor cial session to consider what really is Senator LEAHY’s leadership and co- those who fought through the years for bipartisan, bicameral legislation to re- operation, that I now yield to him. equality by extending the Voting authorize the Voting Rights Act. In The PRESIDENT pro tempore. The Rights Act to ensure their struggles fact, our Senate bill, S. 2703, is cospon- Senator from Vermont is recognized. are not forsaken and not forgotten, and sored by the distinguished Republican Mr. LEAHY. Mr. President pro tem- that the progress we have made not be leader and the distinguished Demo- pore, my dear friend, the senior Sen- sacrificed. We honor their legacy by re- cratic leader, by a bipartisan majority ator from Alaska, I see the majority affirming our commitment to protect of the Judiciary Committee and by a leader on the floor. Is he seeking rec- the right to vote for all Americans. bipartisan majority of the Senate. In ognition? The distinguished senior Senator fact, at the end of our committee meet- Mr. FRIST. I will be making some from Massachusetts, who is on the ing yesterday, we had a rollcall vote. comments, as I mentioned earlier, floor, was in the forefront of this battle We voted unanimously to report our after the distinguished ranking mem- the first time around. He and his fam- bill favorably to the Senate. ber. ily, his late brothers, the President and Mr. LEAHY. Mr. President, before I I mention that because so many of brother Senator Robert Kennedy— begin, I assume we will go back and the things that have to go through the President Kennedy, Senator Robert forth, from side to side of the aisle on Judiciary Committee tend to be of a di- this. But as Democrats are recognized, Kennedy, and now Senator EDWARD visive nature. This was a unanimous KENNEDY, have been in the forefront of I ask it be in this order: Senator KEN- vote. I have commended all those in the civil rights battle. This has been a NEDY for 20 minutes, Senator DURBIN the Judiciary Committee who worked for 15, Senator FEINSTEIN for up to 20 personal thing for them. It has been a so hard over the last several months to minutes, Senator SALAZAR for up to 15 commitment that has spoken to the build a fair and extensive record and minutes, as Democrats, are recognized. conscience of our Nation, and I applaud bring us to this point today. As I said I ask unanimous consent to that. my friend from Massachusetts for what earlier, I commend Senator KENNEDY The PRESIDENT pro tempore. Is he and has family have done. for his work. I agree with Senator Reauthorizing and restoring the Vot- there objection? Without objection, it SPECTER, when he gets passionate is so ordered. ing Rights Act is the right thing to do, about a subject he doesn’t need a Mr. LEAHY. Mr. President, I appre- not only for those who came before— microphone. ciate what the senior Senator from the brave and visionary people who I commend those who started with Pennsylvania said. Senator SPECTER fought for equality, some at great per- and I have been friends for many years. sonal sacrifice, some even giving their doubts—and there were serious doubts; I think we have accomplished a great lives—but also for those who come some regional, some for legal matters. deal in the Judiciary Committee. I after us, our children and our grand- But those who had doubts have now agree with him this is the most impor- children. All of our children, all of our come around to supporting our bipar- tant thing we will do. But I might also grandchildren, should know that their tisan bill. note, on a personal note about the Sen- right to vote will not be abridged, sup- Because the bill we take up today ator from Pennsylvania, much of what pressed or denied in the United States and the bill from the committee to re- was accomplished during that time he of America, no matter their color, no port are so similar, I know the Senate was fighting a very serious illness. I matter their race, no matter what part debate will be informed by the exten- compliment the Senator from Pennsyl- of the country from which they come. sive record we have built before the Ju- vania for his perseverance during that I do thank the chairman for fol- diciary Committee. Over the last 4 time. lowing the suggestion to convene the months, we held nine hearings on all

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.012 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7964 CONGRESSIONAL RECORD — SENATE July 20, 2006 aspects of this matter and on the over- As Senator SALAZAR has reminded us, Last week, after months of work, the all bill itself. In another indication of ‘‘Cesar Chavez is an American hero. He House of Representatives, led by Con- bipartisanship, those hearings were sacrificed his life to empower the most gressmen JOHN CONYERS, MEL WATT, chaired by large numbers of members vulnerable in America. He believed JOHN LEWIS, and Chairman SENSEN- of the committee and chaired by both strongly in the democracy of America BRENNER, rejected all efforts to reduce Republican and Democratic Senators and saw the right to vote as a corner- the sweep and effect of the Voting who wanted to send a signal that this stone of our freedom.’’ I offered the Rights Act. Congressman JOHN LEWIS— is not a partisan matter. amendment in the Judiciary Com- himself a courageous leader during All of those hearings were fairly con- mittee and it was adopted without dis- those transformational struggles only ducted. Those Senate hearings supple- sent. decades ago, a man who was nearly ment those held in the House on this I told Senator SALAZAR that I recall killed trying to retain the rights of Af- matter. Indeed, our first hearing was the dinner with Marcelle and myself, rican Americans, said during the House held for the express purpose of hearing our son Kevin and his wife Carolyn, debate: from the lead sponsors from the House and our granddaughter Francesca in When historians pick up their pens and and to receive the results of their hear- the small Italian restaurant, write about this period, let it be said that ings into our Senate RECORD. In fact, in Sarduccis, in Montpelier, Vermont. A those of us in the Congress in 2006, we did the anticipation of this bill coming to the family next to us came over to intro- right thing. And our forefathers and our foremothers would be very proud of us. Let floor, I have included statements in the duce themselves. It was Cesar Chavez’s us pass a clean bill without any amend- RECORD in the course of this week to son. He apologized for interrupting our ments. help make sure we have a complete dinner. He wanted to say hello. I told That is my friend JOHN LEWIS from record before the Senate before we him how proud I was to be interrupted the House of Representatives. I want vote. For example, on Tuesday, my and to meet him because his father had our foremothers and forefathers to be statement focused on the continuing been a hero of mine. They were in proud of us, but I want our children need for Section 5. On Wednesday, my Vermont because they were going to and our grandchildren to be proud of statement focused on the continuing the Barre Quarry where the memorial us, too. need for Section 203. They reflect my to his father was carved. The bill we are considering in the views as the lead Democratic Senate I have also consulted with Senator Senate today passed the other body sponsor. SALAZAR. Neither of us wants to com- with 390 votes in favor. In fact, the We have fewer than two dozen legis- plicate final passage of the Voting other body rejected all four amend- lative days left in this session of Con- Rights Act so I urge the Senate to pro- ments offered. They wanted to have a gress, so I appreciate the willingness of ceed to the House-passed bill and resist clean bill. They listened to JOHN the Republican and Democratic leader- amendments so it can be signed into LEWIS. They listened to the others. I ship to take up this important measure law without having to be reconsidered congratulate the House cosponsors, without delay. I know the House of by the House. With respect to the short both Republicans and Democrats, for Representatives had to delay consider- title of the bill and the roster of civil their successful efforts. I hope we can ation of the Voting Act for a month rights leaders honored, I have com- repeat them in the Senate. due to the recalcitrance of some, recal- mitted to work with Senator SALAZAR On May 2, when our congressional citrance that was overwhelmed in their to conform the law to include due rec- leadership joined together on the steps vote. Here, I hope we do not suffer the ognition of the contribution to our of the Capitol to announce a bipartisan same delay. This is a time for us to de- civil rights and voting rights by Cesar and bicameral introduction of the Vot- bate, consider, and vote on this impor- Chavez in follow up legislation. ing Rights Act, it was a historic an- tant legislation. We should pass the The Voting Rights Act reauthoriza- nouncement. I noted in my journal it bill in the same form as the House so it tion is named for three very important was one of the proudest moments I had can be signed into law before the Sen- civil rights leaders, as the Senator in my years in the Senate, an occasion ate recesses for the remainder of the from Pennsylvania pointed out. almost unprecedented during the re- Fannie Lou Hamer was a courageous summer. cent years of partisanship. There has been speculation about advocate for the right to vote. She Let’s not relent in our fight for the why we are here today. Some tied it to risked her life to secure the right to fundamental civil rights of all Ameri- the fact that for the first time in his vote for all Americans. Coretta Scott cans. Working together, we should pass Presidency, President Bush is going to King was a tenacious fighter for equal- a clean bipartisan voting rights bill. appear before the National Association ity for the civil rights movement in the Congress has reauthorized and revital- for the Advancement of Colored Peo- 1960s, and right up to the time of her ized the act four times, each time with ple, the NAACP. I, for one, applaud him passing. Many of us in this Chamber overwhelming bipartisan support, pur- for going before the NAACP. All Presi- met the late Mrs. King. Everyone in suant to our constitutional powers. dents should, Republican or Democrat. the Senate can remember when less This is not a time for backsliding. This And in fact, if that had anything to do than a year ago the body of Rosa Parks is a time to move forward together. with the success in getting this bill lay in state in the Capitol. She was the So let us unite to renew this corner- moved expeditiously through the Sen- first African American woman in our stone, let us rededicate ourselves to its ate, I have a number of other organiza- history to be so honored. She was hon- noble purpose, and let us commemorate tions I hope will invite him to get ored because of her dignified refusal to the many who suffered and endured to other legislation moving. be treated as a second-class citizen bring our cherished ideals closer to re- The House-passed bill and the com- sparked the Montgomery bus boycotts ality for millions of our fellow Ameri- mittee-reported bill is very similar. We that are often cited as the symbolic be- cans. Let us guarantee those rights for introduced them in a bipartisan, bi- ginning of the modern civil rights millions of our fellow Americans to cameral, coordinated effort in May. movement. come. The only change made to the House- Everyone in this Chamber would be I yield the floor. passed bill was the inclusion of a gov- horrified to think that somebody would The PRESIDING OFFICER (Mr. ernmental study added in the House be treated differently because of the BURNS). The Senator from Tennessee. Judiciary Committee. I urge the Sen- color of their skin, but in the lifetime Mr. FRIST. Mr. President, it was ate to accept that addition. of every Senator sitting in this Cham- about 3 weeks ago that I joined Presi- The only change made during the ber today, we have seen such discrimi- dent Bush on a trip to Memphis, TN, Senate Judiciary Committee was to nation. Let’s make sure we take this where we were joined by a close per- add an Hispanic civil rights leader to step. It will not remove all discrimina- sonal friend of mine, a man who is leg- the roster of the civil rights leaders for tion, by any means, but it is a major endary in Tennessee and, indeed, whom the bill is named. We did this at step to let everyone in the country throughout the country, the Rev. Dr. the suggestion of Senator SALAZAR. It know that all of us are equal as Ameri- Ben Hooks. is a good suggestion. We did this unani- cans with equal rights, despite the Dr. Hooks is a widely recognized, mously. I commend the Senator for it. color of our skin. widely acknowledged champion of civil

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.006 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7965 rights. He presided with great courage fined. We are working for the day when body is given that right in equal re- and bold vision over the NAACP for 15 our equality, our oneness, is reflected gard. years as its executive director. He is in not only in our laws but in the hearts The importance of the Voting Rights town this week for the NAACP meeting and minds of every American. Act cannot be underestimated. It has which is going on as I speak. I hope and pray the day will come transformed the face of our Republic He guided President Bush and myself, when racism and discrimination are and vindicated the noble values of our my wife Karyn, and the First Lady only a part of our past and not our Nation. America has come a long way through the remarkable and inspiring present. in the last four decades, and it is my National Civil Rights Museum which The Voting Rights Act of 1965 en- hope that the reauthorization of the has been constructed at the Lorraine shrined fair voting practices for all Voting Rights Act will help us to con- Motel in Memphis, which was the ac- Americans. The act reaffirmed the 15th tinue to extend the promise of demo- tual site of Martin Luther King, Jr.’s amendment to the Constitution, which cratic participation to every American. assassination. It was an inspiring visit, says that: I have had the chance, twice now, to those moments as we walked through . . . the right of citizens of the United do the civil rights pilgrimage that the the exhibits, room to room, in that States to vote shall not be denied or Faith in Politics group has sponsored wonderful museum. abridged by the United States or by any to Selma, AL, to Montgomery, to sev- In many ways, it shook my own con- state on account of race, color, or previous eral different places, and to hear from science. To hear Dr. Hooks speak, to condition of servitude. the firsthand experiences of individuals hear him recount the events sur- The Voting Rights Act ensured that who were involved in the civil rights rounding that time, was to have his- no American citizen and no election movement and in the freedom trails of tory come alive. It was an ugly mo- law of any State could deny access to the bus rides and in the protests, about ment in our collective history, and cer- the ballot box because of race, eth- the importance that the VRA was to tainly not America’s finest hour. nicity, or language minority status. It them, was to getting involved, and is As we wandered through those rooms, took much courage and sacrifice to central in getting everybody partici- listening to those words of Dr. Hooks, make that original Voting Rights Act pating in the democracy and a true op- what struck my conscience most was into law, the courage and sacrifice of portunity to register to vote and to ac- how we as a Nation pushed through leaders such as Rosa Parks, Martin Lu- tually vote. It was and is critical. It is that time, how we as a Nation per- ther King, Jr., Congressman JOHN critical that we extend it. severed to correct injustice just as we LEWIS, to name a few. I also want to recognize and thank have at other points in American his- They paved the way to end discrimi- the Senator from Massachusetts for tory. nation and open the voting booths for the central role his family has played It reminded me of our ability to millions of African Americans and in fighting for this particular language, change, that when our laws become de- other minorities who were previously this legislation. And it is important. structive to our unalienable rights— denied the right to vote. Out of a strong desire to achieve this life, liberty, the pursuit of happiness— In the 41 years—yes, it has been 41 goal of everybody participating equally it is the right of the people to alter or years—since then, we have made tre- in this democracy, a bipartisan major- abolish it. mendous progress. Thousands upon ity of Congress passed, and President It reminded me of the importance, thousands of minorities have registered Johnson signed, the Voting Rights Act the absolute necessity, of ensuring the to vote. Minorities have been elected of 1965. The aim of the act two genera- permanence of the changes we make, to hold office at the local level, at the tions ago was to fulfill the democratic the permanence of our corrections to State level, and the Federal level in in- promise of the Civil War amendments injustice. creasing numbers. to the Constitution—a promise left About 2 years ago, in the spring of In short, the Voting Rights Act has unmet for a century after that terrible 2004, Senator MCCONNELL and I came to worked. It has achieved its intended war had ended. the Senate and offered an amendment purpose. We need to build upon that The civil rights landscape has greatly to extend the expiring provisions of the progress by extending expiring provi- improved in the country since 1965, Voting Rights Act permanently. How- sions of the Voting Rights Act today. thanks in great part to the Voting ever, at the insistence of a number of We owe it to the memories of those Rights Act. The act has resulted in a my colleagues we withdrew our amend- who fought before us, to those people tremendous increase in the ability of ment, while making clear that we were who, right now, are reflected in those minority citizens to fully and fairly absolutely committed to renewing this words of Dr. Hooks that we heard as we participate in our political system, important piece of legislation. Indeed, traveled through that Civil Rights Mu- both as voters and as candidates. The that day has come. seum, and we owe it to our future—a number of minority legislators has A few months ago, I stood with future where equality is a reality, a re- grown substantially. Speaker HASTERT, Chairman SPECTER, ality in our hearts and in our minds, I am pleased to be a cosponsor of the and Chairman SENSENBRENNER on the not just the law—to reauthorize the pending Voting Rights Act reauthor- steps of the Capitol where we re- Voting Rights Act. ization bill which the Judiciary Com- affirmed at that time our commitment I hope my colleagues will join me in mittee reported out unanimously yes- to reauthorize the Voting Rights Act. voting for this critical legislation. I terday. This bill recognizes the Thus, I am pleased this Congress will look forward to the President signing achievements of many and particularly act to reauthorize the Voting Rights it into law. of three champions of the civil rights Act and, indeed, today, right now, the Mr. President, I yield the floor. era: Fannie Lou Hamer, Rosa Parks, United States is doing just that. The PRESIDING OFFICER. The Sen- and Coretta Scott King. I believe we We expedited it through committee ator from Kansas. have a responsibility to carry on the under the leadership of Chairman SPEC- Mr. BROWNBACK. Mr. President, I work of these great Americans by reau- TER so we could bring it to the Senate rise to speak on the Voting Rights Act, thorizing the expiring sections of the as quickly as possible. We will com- and I thank my colleague from Massa- Voting Rights Act. plete that action in a few hours today. chusetts who was here before me for al- The bill does provide a flat bar to un- Today the Senate is standing to- lowing me to now speak briefly on this constitutional racial discrimination. It gether to protect the right to vote for particular issue. speaks clearly, aggressively, elo- all Americans. We stand together, put- The right to vote is quite literally quently, and importantly on this topic. ting aside partisan differences, to en- the bedrock of the representative de- We cannot have racial discrimination sure discrimination at the voting booth mocracy we enjoy today. We must en- in this country, period. We are extend- remains a relic of the past. We are able American citizens to fully partici- ing this act. It is an important act. It working for a day when equality is pate in the political process if we are is one that has helped make the values more than a principle upon which our to truly be a government of the people, of democracy real on a tangible basis laws are founded, a day when equality by the people, and for the people. It is to individuals, and it is important that is a reality by which our society is de- central, and it is central that every- we extend it into the future.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.008 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7966 CONGRESSIONAL RECORD — SENATE July 20, 2006 Mr. President, I am delighted to be a bated for 10 months. Not just 1 day, as basis for it. We need judges who are cosponsor of this bill. I urge my col- we all have today on voting rights, but going to interpret this in good faith. leagues to pass it. I believe it will pass for 10 months, the Senate was in ses- That has not always been the case, and overwhelmingly. sion as we faced a filibuster on that I will reference that in terms of my I yield the floor. legislation. comments. The PRESIDING OFFICER. The Sen- Then, finally, Senator Everett Dirk- Then, we have to make sure we have ator from Massachusetts. sen responded to the very eloquent a process and system so that, even if Mr. KENNEDY. Mr. President, this is pleas of President Johnson at that we have the legislation, and even if we an historic day. In the quietness of the time and indicated that he was pre- have a Justice Department correctly moment, on the floor of the Senate, we pared to move the legislation forward interpret it, and even if we have judges are talking about a major piece of leg- and make some adjustments in the leg- correctly interpret it, we have to make islation that is basic to the fabric of islation. We were able to come to an sure there are not going to be other what America is all about. But the agreement, and the law went into ef- interferences with any individuals’ quietness does not belie the fact that fect. ability to vote. That is another subject this is a momentous piece of legisla- In 1965, we had hours and hours and for another time, but enormously im- tion that marks the continuation of hours and hours during the course of portant. this Nation as a true democracy. the markup of the Voting Rights Act, We need all of those factors, at least, I want, at the outset, to commend and hours and hours and hours on the to make sure that this basic and funda- my friends and leaders on the Judici- floor of the Senate to pass that legisla- mental right, which is so important, ary Committee, Senator SPECTER and tion, with amendment after amend- and which we are addressing today, is Senator LEAHY. I can remember talk- ment after amendment. We were ulti- actually going to be achieved and ac- ing with both of them early on about mately successful. And just off the complished for our fellow citizens. putting this on the Senate agenda, put- Senate Chamber, in the President’s Mr. President, we are, as I men- ting it on the Judiciary Committee Room—just a few yards from where I tioned, poised to take another historic agenda. There are not two Members of am standing today—President Johnson step in America’s journey toward be- this body who are more committed to signed that legislation. coming the land of its ideals. As we all this legislation than Chairman SPEC- Now, we continue the process. It has know, the battle for racial equality in TER and Senator LEAHY. not always been easy during the con- America is far from over. The land- We are here today because of their tinuation and the reauthorization of mark civil rights laws that we have leadership and their strong commit- the Act. Rarely have we been as fortu- passed in the past four decades have ment to the concept of making sure nate as we are today with the time provided a legal foundation, but the that America is going to be America by agreement and an understanding that full promise of these laws has yet to be insisting on the extension of this vot- we will consider this and finalize it this fulfilled. ing rights legislation. They have both evening, in a way that will avoid a con- Literacy tests may no longer block been tireless during the course of the tentious conference with the House of access to the ballot box, but we cannot series of hearings that we have held. Representatives that could have gone ignore the fact that discrimination is They have been meticulous in terms of on for weeks and even months, as we’ve sometimes as plain as ever, and that determining the witnesses that we seen in the past. This legislation will more subtle forms of discrimination would have and in building the legisla- go to the President’s desk, and he will are plotted in back rooms, to be im- tive record, which is so important and sign it. posed by manipulating redistricting of such great consequence in terms of There is no subject matter that boundaries to dilute minority voting maintaining the constitutionality of brings out emotions like the issue of strength, or by systematic strategies this legislation, which is, of course, so civil rights. That is, perhaps, under- on election day to discourage minority important. So I thank both of them for standable. But it is still very true. No voting. their leadership and their generous ref- issue that we debate—health care, edu- The persistence of overt and more erences earlier during their state- cation, increasing the minimum wage, subtle discrimination makes it manda- ments. age discrimination, environmental tory that we reauthorize the expiring Mr. President, the Constitution of questions—whatever those matters are, provisions of the Voting Rights Act. the United States is an extraordinary nothing brings out the emotions like This act is perhaps Congress’s greatest document, the greatest charter that civil rights legislation. contribution to the march toward has ever been written in terms of pre- But here we have a very important equality in our society. As Martin Lu- serving the rights and liberties of the piece of civil rights legislation that is ther King, Jr., said, voting is ‘‘civil people. Still, slavery was enshrined in going to be favorably considered, and I right number one.’’ It is the right in the Constitution. And this country has will speak about that in just a few mo- our democracy that preserves all oth- had a challenging time freeing itself ments. We have to understand, as im- ers. So long as the vote is available and from the legacy of slavery. We had a portant as this legislation is, it really freely exercised by our entire citizenry, difficult time in fighting the great is not worth the paper it is printed on this Nation will remain strong and our Civil War. And we have had a chal- unless it is going to be enforced. That other rights will be protected. lenging time freeing ourselves from is enormously important. As we pass For nearly a century, the 15th discrimination—all forms of discrimi- this legislation and we talk about its amendment guaranteed that ‘‘the right nation—but particularly racial dis- importance, and the importance of its of citizens of the United States to vote crimination. And we had a difficult various provisions, we have to make shall not be denied or abridged by the time, particularly in the early 1960s, in sure we have an administration and a United States or by any State on ac- passing legislation—legislation which Justice Department that is going to count of race, color, or previous condi- could be enormously valuable in free- enforce it. That has not always been tion of servitude,’’ but it took the Vot- ing a country from the stains of dis- the case. ing Rights Act of 1965 to breathe life crimination. But it takes much more Secondly, it is enormously important into that basic guarantee. And it took than just legislation to achieve that. that we have judges who interpret the the actions of many brave men and I was fortunate enough to be here at legislation the way we intended for it women, such as those who gathered at the time we passed the 1964 civil rights to be interpreted. the Edmund Pettis Bridge and faced bill that dealt with what we call public We have, in this situation, a bipar- the shameful violence of those who accommodations. It is difficult to be- tisan interpretation. We have a bi- would deny them the right to vote, be- lieve that people were denied access to cameral interpretation. There should fore the Nation finally acted. public accommodations—the ability to be no reason that any court in this I’m honored to have fought in the go to hotels, restaurants, and other country—particularly a Supreme Court Senate for the Voting Rights Act each places because of the color of their that is looking over its provisions— time it was before Congress—from its skin—in the United States of America. should not understand very clearly historic passage in 1965 to the votes to Mr. President, this legislation was de- what we intended, the constitutional extend the act in 1970, 1975, and 1982

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.009 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7967 and to strengthen it along the way. I provisions of the act, and have all come Consider the Dinwiddie County Board recall watching President Lyndon to one inescapable conclusion: con- of Supervisors in Virginia. It moved a Baines Johnson sign the 1965 act just tinuing discrimination requires that polling place from a club with a large off this chamber in the President’s we pass this bill and reauthorize the African-American membership to a Room. We knew that day that we had Voting Rights Act. The evidence dem- white church on the other side of town, changed the country forever. And in- onstrates that far too many Americans under the pretext that the church was deed we had. In 1965, there were only still face barriers because of their race, more centrally located. We saw this three African American and three their ethnic background or their lan- tactic when we renewed the act in 1970. Latino Members of Congress. Today, guage minority status. We didn’t expect to see it again in on there are 41 African-American Mem- Section 5 is the centerpiece of the ex- the eve of the 21st century, but we did. bers in the House of Representatives, piring provisions of the act. It requires Some have argued that there has one African-American Senator, 22 that covered jurisdictions preclear vot- been a drop in the number of objections Latino House Members, and two Latino ing changes with the Department of in recent years. As the record shows, Senators. These gains would not have Justice or the District Court in the that decline is explained by a number been possible without the Voting District of Columbia by proving that of reasons. First, of course, was the Su- Rights Act. the changes do not have a retrogressive preme Court’s restrictive interpreta- I recall extending the expiring provi- purpose or effect. The act would re- tion of the purpose standard, which we sions of the act in 1970. I remember ex- verse the second Bossier Parish deci- will correct today. In addition, the tending it again in 1975, and adding sion and restore the section 5 standard numbers do not account for proposed protections for citizens who needed to its original meaning by making it changes that are rejected by the dis- language assistance. We recognized clear that a discriminatory purpose trict court or proposed changes that that those voters warranted assistance will prevent section 5 preclearance. are withdrawn once the Department of because unequal education resulted in Even under the weaker standard that Justice asks for more information or high rates of illiteracy and low rates of has governed since the Bossier deci- litigation begins in the District Court. voter participation in those popu- sion, the Department of Justice has Equally as important are the discrimi- lations. had to object to egregious discrimina- natory changes the act has deterred And I recall well extending the act tory practices. covered jurisdictions from ever enact- again in 1982. That time, we extended The act as reauthorized also over- ing, and the dialog the act promotes the expiring provisions of the act for 25 turns the Supreme Court’s decision in between local election officials and mi- years and strengthened it by over- Georgia v. Ashcroft, restoring section nority community leaders to ensure turning the Supreme Court’s decision 5’s protection of voting districts where consideration of minority commu- in Mobile v. Bolden. That decision minority voters have an ability to nities’ concerns in the legislative proc- weakened the act by imposing an in- elect their preferred candidates. This ess. revision would preclude jurisdictions tent standard pursuant to section 2 of And, of course, there are matters from replacing districts in which mi- the act, but despite the opposition of that merit objection, but have been nority voters have the voting power to President Reagan and his Department precleared by the Bush Department of elect their preferred candidates with of Justice, we were able to restore the Justice because the Department’s po- districts in which minority voters act’s vitality by replacing that stand- litical leadership refused to follow the merely exercise influence. ard with a results test that provides recommendations of career experts. greater protection for victims of dis- The number of objections under sec- tion 5 has remained large since we last The Department twice precleared criminatory treatment. Georgia’s effort to impose a photo iden- Finally, in 1992, we revisited the act reauthorized the act in 1982. Astonish- tification requirement for voting. The to extend and broaden its coverage of ingly, Professor Anita Earls of the Uni- first time, the district court threw it individuals whose English language versity of North Carolina Law School out as an unconstitutional poll tax. ability is insufficient to allow them to testified that between 1982 and 2004, the That’s right, a poll tax in 2006. In 1965, participate fully in our democratic sys- Department of Justice lodged 682 sec- we fought the poll tax during the de- tem. tion 5 objections in covered jurisdic- bate of the original Voting Rights Act. In memory of Fannie Lou Hamer, tions compared with only 481 objec- After the Supreme Court ultimately Rosa Parks, Martin Luther King, Jr. tions prior to 1982. In Mississippi alone, held it unconstitutional, we thought and Coretta Scott King, and Cesar Cha- the Department of Justice objected to this shameful practice had ended. But vez, I feel privileged to have the oppor- 120 voting changes since 1982. This the court found that the Georgia law tunity to support extension of the act number is roughly double the number was just a 21st century version of this once again for another 25 years. of objections made before 1982. Some have questioned whether there Behind these statistics are stories of old evil. is still a need for the act’s expiring pro- the voters who were able to participate Georgia reenacted the law without visions. They even argue that discrimi- in the political process because the the poll tax, and the Court still found nation in voting is a thing of the past, Voting Rights Act protects their fun- that it unlawfully disadvantaged poor and that we are relying on decades-old damental right to do so. For example, and minority voters, who are less like- discrimination to stigmatize certain in 2001, the town of Kilmichael, MS, ly to have the required identification. areas of the country today. cancelled its elections just three weeks Recently, the Supreme Court held I have heard the evidence presented before election day. The Justice De- that the Texas Legislature had vio- over the past several months of hear- partment objected to the cancellation, lated the Voting Rights Act by shifting ings, and I can tell you that they are finding that the town failed to estab- 100,000 Latino voters out of a district just plain wrong. Yes, we have made lish that its actions were not moti- just as they were about to defeat an in- progress that was almost unimaginable vated by the discriminatory purpose of cumbent and finally elect a candidate in 1965. But the goal of the Voting preventing African-American voters of their choice. Once again, section 5 Rights Act was to have full and equal from electing candidates of their would have blocked this practice, but access for every American regardless of choice. The town had recently become the leadership of the Department of race. We have not achieved that goal. majority African-American and, for the Justice overruled career experts who In considering this bill, the Senate first time in its history, several Afri- recommended an objection. Judiciary Committee has held nine can-American candidates had a good The fact that the number of section 5 hearings and heard from some 46 wit- chance of winning elected office. Sec- objections is a small percentage of the nesses. In addition, we have received tion 5 prevented this discriminatory total number of submissions shouldn’t numerous written statements and have change from being implemented, and as be surprising. Jurisdictions take sec- voluminous reports from a variety of a result, three African-American can- tion 5 into consideration when adopt- groups that have examined the state of didates were elected to the board of al- ing voting changes and many day-to- voting rights in our Nation. We have dermen and an African-American was day changes are noncontroversial. explored every aspect of the expiring elected mayor for the first time. What should surprise and concern us is

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.007 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7968 CONGRESSIONAL RECORD — SENATE July 20, 2006 the fact that there continue to be ob- mous progress, it takes time to over- age and conviction I honor and pay jections and voting changes like the come the deep-seated patterns of be- tribute to. ones that I have described. havior that have denied minorities full Mayor Ivan Allen, Jr., was a White It has also been argued that the sec- access to the ballot. Indeed, the worst mayor of Atlanta in the 1960s whose ac- tion 5 coverage formula is both over thing we could do would be to allow tions would see to it that the actions and under-inclusive. The act addresses that progress to slip away because we passed in Congress were made a reality that problem by permitting jurisdic- ended the cure too soon. We know that smoothly in the city, which gained the tions where Federal oversight is no the act is having an impact. We know reputation of a city too busy to hate. longer warranted to ‘‘bail out’’ from that it is deterring discrimination. And We made a transition in a difficult coverage under section 5. We have let- we know that despite the act, racial time. We righted difficult wrongs. We ters from two of the jurisdictions that bloc voting and other forms of dis- made the letter of the law the spirit of have taken advantage of the bailout crimination continue to tilt the play- the law. process explaining that they did not ing field for minority voters and can- Andrew Young, the first African- find that process to be onerous. So far, didates. We need to ensure that juris- American mayor of Atlanta, in fol- every jurisdiction that has sought a dictions know that the act will be in lowing Sam Massell, who followed Ivan bailout has succeeded. For jurisdic- force for a sufficiently long period that Allen, ensured that those transitions tions that should be covered but aren’t, they cannot simply wait for its expira- continued in the 1980s, and that voting the act contains a mechanism by which tion, but must eliminate discrimina- rights and all rights were the primary a court may order a non-covered juris- tion root and branch. responsibility of our government and diction found to have violated the 14th The time has come to renew the Vot- its leadership. or 15th amendments to obtain section 5 ing Rights Act. This historic piece of Carl Sanders, the Governor of Geor- preclearance for its voting changes. As legislation renews our commitment to gia, probably lost his chance at a sec- a result, the act’s preclearance require- the fundamental values of America. It ond term because of his courageous ment applies only to jurisdiction where ensures that all of our citizens will stance on behalf of seeing to it that the there is a need for such oversight. have the right to play an effective role South continued to make progress. The act will also reauthorize the pro- in our governance. It continues us Joe Frank Harris, from rural Geor- visions of the act that mandate the down the path toward a democracy free gia, who was Governor in the 1980s, provision of election assistance in mi- of the blight of discrimination based on continued in tandem with Andrew nority languages. In the course of our race, ethnicity and language. As Dr. Young to see to it that our capital city consideration of this bill, we heard sub- Martin Luther King, Jr. said: ‘‘The and State remained committed to all stantial evidence demonstrating that time is always right to do what is of the provisions of equality in our so- these provisions are still necessary. right.’’ The right thing to do is to pass ciety. The original rationale for enactment of this bill and the time to do it is now. The attorneys general in this issue these provisions was twofold. First, I yield the floor. are so important. Republican Mike there are many Americans who speak The PRESIDING OFFICER. The Sen- Bowers, during many years of service languages other than English, many of ator from Georgia. to our State as attorney general, time whom are United States citizens by Mr. ISAKSON. Mr. President, I rise and again saw to it that what was in- birth—including Native Americans, as a Senator from Georgia to express tended by the Voting Rights Act was Alaska Natives, and Puerto Ricans. my support and join a unanimous Sen- the practice in our State. These Americans should not be denied ate in support for extension of the Vot- Our current attorney general today, the opportunity to be full participants ing Rights Act. I come to the well to an African American, Thurbert Baker, in our democracy because of the lan- speak from a different perspective than is a tribute to the progress our State guages they speak. They know they some. I was born in the South in 1944, has made and is an outspoken defender need to learn English to succeed in this educated in its public schools in the of the Voting Rights Act and our country. That’s why classes to learn 1950s and 1960s. I was in the fourth State’s intention to ensure that all of English are oversubscribed all over the grade when Brown v. Board of Edu- Georgia’s legal residents, regardless of country. cation was the ruling of the Supreme race or ethnicity, have the right to Additionally, Congress concluded Court. I was in high school when the vote. that many Americans—including Na- public schools of Atlanta were inte- A great Senator, Sam Nunn, served tive Americans, Alaska Natives, Asian grated. I went to the University of in this Senate, whose office I hold now Americans, and Hispanic Americans— Georgia when the first students inte- downstairs. Sam Nunn, during the suffer from inadequate educational op- grated that institution. I lived through years of the 1970s and 1980s and early portunities that deny them the oppor- all the changes that many refer to as 1990s, was a steadfast beacon of support tunity to master English at a sufficient history about which they have read. for ensuring that we continued the level to fully understand electoral I lived through it, being there and spirit and the letter of the Voting issues and cast meaningful ballots. The seeing the heroes and the challenges Rights Act. nationwide statistics illustrate the and the transition through which the The late Senator Paul Coverdell, a problem. Only 75 percent of Alaska Na- South has gone. Still, in speeches Republican from Georgia, in his term tives complete high school, compared today we hear very often about the in the Georgia legislature in the House to 90 percent of non-Natives, and only South in historic times, where wrong and Senate, over 20 years of service, 52 percent of all Hispanic Americans practices have been righted, but some- fought tirelessly to ensure that our have a high school diploma, compared how we don’t hear about the heroes State delivered on the guarantee of the to over 80 percent of all Americans. We who made the Voting Rights Act go right to vote for all Georgians. heard testimony that while many of from a piece of paper and a law to prac- As we reflect on the true wrongs that these people may speak conversational tical reality in the South. existed in the 1950s and 1960s, and English, they have been denied the edu- I am proud of so many citizens in where those wrongs may have taken cational instruction—often as a result Georgia, Black and White, urban and place, we owe it to history and to the of intentional discrimination—that rural, Republican and Democrat, who credit of these great individuals to pay would allow them to understand com- over the past 41 years have made not tribute to those who took the law and plex electoral issues and technical vot- only the letter of that law but the spir- made it a reality. I am proud of my ing terminology in English alone. it of that law the spirit of our State— State. I am proud of the transition it Finally, it is crucial that we extend not the least of whom is Congressman has made. I pay tribute to its leaders. the guarantees of all of the temporary JOHN LEWIS, a man of unquestioned My vote today in favor of the exten- provisions of the act for 25 years. character and, for anyone who lived sion of the Voting Rights Act is in Twenty-five years is not a long time during the 1960s and 1950s, unques- equal parts a commitment to that end when compared to the centuries of op- tioned courage. He and I are of dif- and a tribute to those Georgians who pression that the law is intended to ferent races and different political per- made the Voting Rights Act a reality overcome. While we have made enor- suasions, but he is a man whose cour- in my State.

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.009 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7969 I yield the floor and suggest the ab- legislation, and the Senate passed the The most significant impact of sec- sence of a quorum. Voting Rights Act of 1965 the following tion 5, I believe, is not from its enforce- The PRESIDING OFFICER. The year. I thank my predecessor and I pay ment mechanism but from its deter- clerk will call the roll. him tribute. rent effect. Just as the presence of po- The bill clerk proceeded to call the In the last 50 years, California has lice deters more crime than is stopped roll. often been ahead of the curve in guar- by actual police intervention, it is Mrs. FEINSTEIN. Mr. President, I anteeing voting rights. In 1961, Cali- likely that the threat of Government ask unanimous consent that the order fornia prohibited election day chal- action prevents far more attempts to for the quorum call be rescinded. lenges based on literacy. disenfranchise voters than the Depart- The PRESIDING OFFICER. Without In 1971, California required that a ment of Justice’s review actually does. objection, it is so ordered. copy of the election ballot in Spanish Let me speak about section 203. Its Mrs. FEINSTEIN. Mr. President, the be posted in each polling place, where requirement of language assistance in right of a citizen to vote is the most the language minority population was jurisdictions with a large number of basic right in any democracy. At the greater than 3 percent. citizens for whom English is a second signing of the Voting Rights Act in 1965 In 1973, California passed a law allow- language has enabled citizens to vote in this very Capitol Rotunda, the ing the use of languages besides who otherwise, frankly, could not have. President of the United States, Lyndon English in polling places and required For example, a study found that in Johnson, said these words: county clerks to recruit bilingual dep- the 1990 general election, bilingual as- The vote is the most powerful instrument uty registrars and precinct board mem- sistance was used by 18 percent of ever devised by man for breaking down injus- bers. Latino voters in the State of Cali- tice and destroying the terrible walls which In 1975, California allowed voters to fornia. imprison men because they are different register to vote by mail. Los Angeles is the largest and most from other men. In 2001, California passed the Cali- diverse local election jurisdiction in The Civil Rights Act of 1964 was a fornia Voting Rights Act—the first our country. It provides assistance critical breakthrough in the struggle State voting rights act in the Nation— under the Voting Rights Act to voters for civil rights. However, the Voting to combat racial bloc voting. in six languages other than English. Rights Act, which came the next year, Unfortunately, however, the end of According to a November 2000 exit 1965, is considered the most important the 20th century did not mark the end survey of language minority voters in and successful civil rights law of the of efforts to disenfranchise minority Los Angeles and Orange County in 20th century, because it finally ensured voters in my State and the Nation. California, 54 percent of Asian-Amer- every voting-age citizen of this Nation Nevertheless, several provisions of the ican voters and 46 percent of Latino a voice in his or her own fate. Voting Rights Act will expire in Au- voters reported that language assist- The passage of the 14th amendment gust of 2007 if we don’t take this action ance made them more likely to vote. in 1868 and the passage of the 15th today. That is actual documentation. amendment in 1870 both prohibited dis- Two of the provisions set to expire In a hearing before the Judiciary enfranchisement on the basis of race. are particularly significant. The first is Committee on the impact of section But in the absence of legislative pro- section 5, which requires jurisdictions 203, Deborah Wright, acting assistant tection for the right to vote, that right with a history of discrimination to registrar and county clerk for Los An- was systematically denied to millions clear any changes in voting procedures geles County, testified that written of African Americans for nearly a cen- with the Department of Justice before translations are provided in Los Ange- tury. Similarly, Mexican Americans, instituting any change. les County because of the complex na- Asian Americans, Native Americans, The second is section 203, which re- ture of issues facing the voters in our and Alaskan Natives were excluded quires language assistance for bilin- State. I can tell you that California from the ballot box through an assort- gual voters in jurisdictions with a ballots are among the longest and most ment of voting tests and intimidation. large number of citizens for whom complicated in our Nation. She ex- We are all here today because of the English is a second language. plained to our committee that Cali- courage and persistence of the civil The section 5 so-called ‘‘preclear- fornia often presents voters with nu- rights leaders of the last century, who ance’’ provision is critically important. merous, complex ballot initiatives and fought so long and hard to attain the I guess this is the section that has propositions. Such complicated ballots franchise the Constitution had already drawn the most comment on this reau- challenge all voters to be prepared and granted them. thorization. It is important because it to have the information they need Several of these heroes are memori- stops attempts to disenfranchise voters prior to casting their ballots. alized in the title of this bill: Fannie before they can start, not after they Often, a high level of English pro- Lou Hamer, Rosa Parks, Coretta Scott start. ficiency is needed even by native King, and Cesar Chavez. All of us owe In the last decade, the Department of speakers of English to understand them a debt of gratitude. Justice has repeatedly struck down these ballot initiatives and to cast an On this day, I am also mindful of the proposed changes to voting procedures informed ballot. I myself have trouble contributions Californians have made under section 5 preclearance. This sec- sometimes understanding the propo- in the civil rights battles. Let me share tion has prevented the redrawing of sitions. I believe the California experi- one story. municipal boundaries designed specifi- ence is persuasive that appropriate tar- On June 10, 1964, the Civil Rights Act cally to disenfranchise minority vot- geted language assistance makes it was being filibustered on this very ers, blocked attempts to exclude mi- much more likely that informed voters floor. No filibuster of a civil rights bill nority candidates from the ballot, de- vote, and that is important. in the 20th century had ever been bro- nied efforts to change methods of elec- My mother was an immigrant from ken. Senator Claire Engle of Cali- tions intended to dilute minority vot- Russia. She came here when she was a fornia, who held the seat I now occupy, ing strength, kept polling places from small child. She had only a primary was suffering at the time from ter- being moved to locations that would school education. Her family was very minal brain cancer. He was wheeled in have reduced minority voter turnout, poor. Her parents never spoke English. dramatic fashion into this Chamber. He and it has thrown out redistricting pro- She studied English and, as an adult, was too sick to speak, but he indicated posals that would have marginalized passed the language exam and became his ‘‘aye’’ vote for cloture by gesturing minority voters. Clearly, this section a naturalized citizen. Still, when it toward his eyes. His vote proved to be has served us well. came time to vote, I helped her with the decisive 67th vote that overcame In California, the rejection of a dis- her ballot. We would go over the propo- the filibuster and ultimately led to criminatory redistricting plan in Mon- sitions, I would read them in English, passage of the Civil Rights Act of 1964. terey County under section 5 led to the we would discuss them, otherwise she Senator Engle died later that year. first election of a Latino to the Mon- could never fully understand them be- However, the filibuster was no longer terey County Boards of Supervisors in cause they were complicated and filled an impassable barrier to civil rights more than 100 years. with legalese.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.012 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7970 CONGRESSIONAL RECORD — SENATE July 20, 2006 As I said, California’s ballots can be I rise today to offer my unequivocal it took many long years for the prom- long, and despite ballot simplification, support for the Fannie Lou Hamer, ise of these amendments to be realized which is now a part of the California Rosa Parks, Coretta Scott King and in our own Nation. ballot, they can still be very confusing. Cesar E. Chavez Voting Rights Act Re- Notwithstanding the tremendous loss Section 203 enables the full comprehen- authorization and Amendments Act of of blood and life during the Civil War, sion of a ballot, and I believe that is 2006. some years later, in 1896, in Plessy v. very important. Almost a year ago, I stood on the Ferguson, our own U.S. Supreme Court We are reauthorizing this bill today. Senate floor to pay tribute to the Vot- sanctioned a system of segregation and I don’t believe we can permit these pro- ing Rights Act on the occasion of its the doctrine of ‘‘separate but equal.’’ visions to expire and leave the next 40th anniversary. In my remarks on The Court’s decision to uphold an 1890 generation of Americans without full that day, I urged my colleagues to rise Louisiana statute mandating racially protection of their voting rights. That above the partisanship that often segregated but equal railroad carriages is why I am very proud to be a cospon- plagues this body and to renew the ushered in another dark period in our sor of the Fannie Lou Hamer, Rosa promise of the landmark civil rights country’s history where Jim Crow was Parks, Coretta Scott King, and Cesar legislation by reauthorizing the key the law of the land throughout the E. Chavez Voting Rights Act Reauthor- provisions that were set to expire in South. Similar laws applied to other ization and Amendments Act of 2006. 2007. I am extremely pleased that the groups. Throughout the Southwest, This legislation will reauthorize the Senate today is poised to take action Mexican Americans in many places expiring provisions of the Voting on this important legislation. were systematically denied access to Rights Act for an additional 25 years so Without enforcement and account- ‘‘White Only’’ restrooms and other that it can continue to be a kind of de- ability of our Nation’s voting laws for places of public accommodation. Just terrent to any chicanery, any manipu- all Americans—for all Americans—the as there were signs that said ‘‘No lation, anyone’s ill intent to prevent words of the Declaration of Independ- Blacks Allowed’’ in the South, there any group of voters from exercising ence declaring ‘‘All men are created were also signs in many places across their right to the franchise under the equal,’’ the words written in the Con- our country that read ‘‘No Mexicans Constitution of the United States. stitution guaranteeing the inalienable Allowed.’’ Under the guidance of Chairman right to vote, and the maxim of one In the now infamous Plessy case, SPECTER and Ranking Member LEAHY person, one vote, those principles en- Justice Harlan, writing for the dissent over the last 2 months, our committee, shrined in our elected laws, are little in that case, looking ahead at the cen- the Judiciary Committee, has held 10 more than empty words. The reauthor- tury to come, made the following ob- hearings on reauthorizing this act—10 ization of the Voting Rights Act is fun- servation: hearings. As a matter of fact, I can’t damental to protect these rights and remember any reauthorization in the The destinies of the races, in this country, values and to ensure that they trans- are indissolubly linked together and the in- 14 years I have been on the committee late into actual practice, actual rep- terests of both require that the common gov- that has had 10 separate hearings. The resentation, and an actual electoral ernment law shall not permit the seeds of exhaustive testimony from these hear- voice for every American. race hate to be planted under the sanction of ings has confirmed both that these ex- I especially thank Senator LEAHY for law. piring provisions are still needed and offering an amendment on my behalf in Justice Harlan’s statement was pro- that these provisions are constitu- the committee that incorporated the found in its forecast for America. It is tional. name of Cesar E. Chavez, a true Amer- unfortunate that his words of warning In response to this record, yesterday ican hero, into the title of the Senate’s were largely ignored for the next half the Judiciary Committee unanimously reauthorization bill. century. It was not until 1920, for ex- voted to reauthorize the Voting Rights Like the venerable American leaders ample, that our Constitution even Act. I was also pleased to see the House who are now associated with this ef- guaranteed the right of women to vote, pass the reauthorization last week fort, Cesar Chavez sacrificed his life to and it was not until 1954 that the U.S. with broad, bipartisan support. Today, empower the most vulnerable in Amer- Supreme Court, under the very able this full Senate now has the oppor- ica. He fought for all Americans to be leadership of Chief Justice Warren, tunity to offer its own resounding en- included in our great democracy. It is struck down the ‘‘separate but equal’’ dorsement of this very important bill. Thomas Paine wrote over 200 years only fitting that his name be a part of doctrine as unconstitutional under the ago that: the reauthorization of the Voting 14th amendment in the Brown v. Board of Education case. That case was ar- The right of voting for representatives is Rights Act. the primary right by which other rights are As we move forward, I believe incor- gued by Thurgood Marshall, another protected. porating the names of these historic American hero who gave his life for I couldn’t agree more. Today will be American leaders underscores the im- equal opportunity for all Americans. a historic occasion as we reauthorize portance of reflecting on the history of More hard-won change followed that this important bill for another 25 our country and our never-ending—not 1954 decision of the U.S. Supreme years. I am very proud to play a small yet completed—quest to become a Court. role as a member of the Judiciary Com- more inclusive America. While the 15th amendment, which mittee in this vote. When one looks back at our history, was ratified in 1870, guaranteed all citi- I thank the Chair. I yield back the one learns some very painful lessons zens the right to vote regardless of remainder of my time. from that past. We must keep in mind race, in 1965—that wasn’t that long The PRESIDING OFFICER (Mr. EN- that we, as a nation, for the first 250 ago—only a very small percentage of SIGN). The Senator from Colorado. years of our history allowed one group African Americans were registered to Mr. SALAZAR. Mr. President, at the of people to own another group of peo- vote in States such as Mississippi and outset of this historic day in the Sen- ple under a system of slavery simply Alabama. In Mississippi in that year, ate, let me give my accolades to Sen- based on the color of their skin. It took only 6.7 percent of African Americans ator SPECTER and to Senator LEAHY for the bloodiest war of our country’s his- were registered to vote, and in Ala- their leadership in the reauthorization tory, even more bloody than World War bama less than 20 percent were reg- of the Voting Rights Act. This is one of II—the Civil War, where over half a istered to vote. the finest days of the Senate of the million people were killed on our soil The various tactics that were used 109th Congress because it is a dem- in America—to bring about an end to back then to impede and discourage onstration of Republicans and Demo- the system of slavery and to usher in people from registering to vote and crats coming together to deal with the the 13th and 14th and 15th amendments casting their right in our democracy on very important question of our Nation. to our Constitution. In my estimation, election day ranged from literacy tests, I congratulate the Judiciary Com- these three amendments are the bed- poll taxes, and language barriers, to mittee and all of those who have cre- rock of the proposition that all con- overt intimidation and harassment. ated a template for how we should do stitutional liberties are endowed upon The Voting Rights Act went on to at- business in the Senate. all Americans without exception. But tack those discriminatory practices in

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.013 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7971 people’s exercise of their fundamental ization—Rosa Parks, Coretta Scott The PRESIDING OFFICER. The Sen- right to vote. King, Fannie Lou Hamer, and Cesar ator from Virginia is recognized. On August 6, 1965, when President Chavez—those are people who gave Mr. ALLEN. Mr. President, I rise to Lyndon Johnson signed the Voting their lives to make certain that when commend the Judiciary Committee but Rights Act, America took a critical we stumble, we get up and we continue most importantly commend to my col- step forward in fulfilling our constitu- our path of America forward, we con- leagues on the passage of the Voting tional ideals. tinue an America in progress. Rights Act renewal this afternoon. Just a year earlier, President John- Since the passage of the Voting I spoke right before Independence son had signed the Civil Rights Act of Rights Act, the doors to opportunity Day last month on June 29 on the im- 1964 proclaiming that in America, as he for political participation by pre- portance of certain principles as we said: viously disenfranchised groups have celebrated the Declaration of Independ- We believe that all men are created equal, swung open. Their voices are now heard ence. I quoted and I will quote again yet many are denied equal treatment. We be- and counted across America. This the importance of this document which lieve that all men have certain unalienable progress is evident through the Nation is the spirit of America: rights, yet many Americans do not enjoy in all levels of government today. The We hold these Truths to be self-evident, those rights. We believe that all men are en- number of Black elected officials na- that all Men are created equal, that they are titled to the blessings of liberty, yet millions tionwide has risen from only 300 in 1964 endowed by their Creator with certain are being deprived of those blessings, not be- to more than 9,000 today. In addition, unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness— cause of their own failures, but because of today there are over 5,000 Latinos who the color of the skin. That to secure these Rights, Governments now hold public office, and there are President Johnson knew then what are instituted among Men, deriving their still hundreds more Asian Americans just Powers from the Consent of the Gov- we still recognize today on this floor of and Native Americans serving as elect- erned. . . . the Senate. ed officials. So in our representative democracy, The enactment of both of these crit- It is with this history in mind—and in our Republic, voting is how the own- ical pieces of legislation in the 1960s with the increasing diversity of our ers, the people of our country in their was another major step forward in our country—that I look to the future of an counties, cities, and States, express country’s journey to become an inclu- inclusive America continuing to fulfill their views for the just powers of our sive America for all citizens—for all the promises and guarantees to all government. citizens—and enjoy the rights and pro- Americans that our Constitution pro- I spoke on how it was important for tections guaranteed by the U.S. Con- vides. the Senate to act on this measure as stitution. Our work is not yet done. Although promptly as possible. I commend the When he recalled the day when the significant advances to ensure voting chairman of the Judiciary Committee, Voting Rights Act was signed by Presi- rights for all Americans have been Senator SPECTER, and the ranking dent Johnson, Dr. Martin Luther King, made, the testimony presented before member, Senator LEAHY, for moving Jr., wisely pointed out that: the Senate Judiciary Committee points yet another important piece of legisla- The bill that lay on the polished mahogany to still an unfortunate truth: that tion this session. The enactment of the desk was born in violence in Selma, AL, Americans are still too often being Voting Rights Act was absolutely nec- where a stubborn sheriff had stumbled kept from the polls. essary 41 years ago and was passed dur- against the future. The greatness of this country de- ing a tumultuous time in our Nation’s pends on our learning and not forget- Dr. King was, of course, referring to history. History has proven, though, ting the painful lessons of our past, in- Bloody Sunday, the Selma incident that this law was just and clearly ap- cluding poll taxes and literacy tests which took place on March 7, 1965, propriate to provide equal opportuni- that prevented countless of individuals where more than 500 nonviolent civil ties and protections to persons with rights marchers attempting a 54-mile from exercising their right to vote. I believe the United States, the Fed- the desire to express themselves and march to the State capital to call for give their consent at the ballot box. We voting rights were confronted by an ag- eral Government must remain vigilant in safeguarding all Americans’ sacred are all better off—we are so much bet- gressive and violent assault by the au- ter off—for the choices made during thorities. right to vote. This legislation today is a manifestation of that vigilance of the that time because this strengthened In response to the violence in Selma the fabric of our country. It has made and the death of Jimmy Lee Jackson, Congress. It represents the Senate working at its best. our country a more perfect union—and who was shot 3 weeks earlier by a as we strive to be a more perfect union, State trooper during a civil rights dem- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- it has made us stronger as we have onstration, President Johnson ad- ator from Vermont. faced the challenges of recent years, dressed Congress and the Nation on Mr. LEAHY. Mr. President, I know presently, and in the future. March 15, 1965, to press for the passage the distinguished Senator from Vir- What this legislation does is help en- of the Voting Rights Act. Indeed, ginia is going to be recognized, but I sure the fundamental right of all eligi- President Johnson’s speech served as a have a quick housekeeping issue. ble citizens to vote. It sends a strong rallying call to the Nation and to the The distinguished chairman, the dis- message, a renewal, a reconfirmation Congress. In that speech, Lyndon John- tinguished Senator from Pennsylvania, that no matter one’s gender, race, eth- son said to the Nation: and I want to make sure we go back nicity or religion, you have an oppor- At times history and fate meet at a single and forth, side to side. So following the tunity to vote if you are a law-abiding time in a single place to shape a turning distinguished Senator from Virginia, citizen in this country. It is the core— point in man’s unending search for freedom. we will go to the distinguished Senator it is absolutely the core of a represent- So it was at Lexington and Concord. So it ative democracy, that we do have the was a century ago at Appomattox. So it was from North Dakota. Following the next last week in Selma, Alabama. Republican, I ask unanimous consent participation of an informed people. This time, on this issue, there must be no that the distinguished Senator from Il- Again, the people are the owners of the delay, no hesitation and no compromise with linois, Mr. DURBIN, be recognized for 15 Government. our purpose. We cannot, we must not, refuse minutes. Virginia has come a long way. They to protect the right of every American to The PRESIDING OFFICER. Without have come a long way because the Con- vote in every election that he may desire to objection, it is so ordered. stitution said: You have the right to participate in. Mr. LEAHY. Mr. President, I com- vote, but we all know that not every- Five months later, on August 7, 1965, pliment the distinguished Senator from one did have the right to vote. It took President Johnson signed the Voting Colorado for his speech. I mentioned many years before African Americans Rights Act of 1965 into law. him earlier in my speech on the floor were allowed to vote, but then there In our country’s history in America, and his tremendous contribution to were all sorts of devices that prevented we have often stumbled, but great lead- this bill. We can all agree the time to them from voting. It took many years ers, such as Dr. King and those whose end discrimination is still here, and we before women were given the right to names are associated with this author- can work to do that. vote. Virginia has come a long way

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.014 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7972 CONGRESSIONAL RECORD — SENATE July 20, 2006 since the Voting Rights Act was en- know the results. The results of the So it was at Lexington and Concord. So it acted 41 years ago. I think it is impor- Voting Rights Act has made this a was last week in Selma, Alabama. There, tant that the Act is reauthorized, not more perfect union. Let’s keep this long-suffering men and women peacefully protested the denial of their rights as Ameri- just for Virginia but throughout the country moving forward, making sure cans. Many were brutally assaulted. One United States. It applies everywhere this is a land of opportunity for all. I good man, a man of God, was killed. from Florida to Alaska to New York. commend this measure to the positive From that, we know that the Voting Some will argue that counties and vote of all my colleagues. Rights Act was passed a very short cities and States cannot be removed Mr. President, I thank my colleagues time later. from or ‘‘bail out’’ of preclearance if for their attention, and I yield the Days later, in a joint session of Con- they so desire and have a good record. floor. gress, President Johnson outlined the The facts are that there are 11 counties The PRESIDING OFFICER. The Sen- Voting Rights Act, and within months, and cities in Virginia that have been ator from North Dakota is recognized. the Congress had passed it. able to ‘‘bail out’’ of the Voting Rights Mr. DORGAN. Mr. President, I just Let me talk about another minority Act by proving that ‘‘no racial test or this morning spoke to a couple of hun- in this country, Native Americans, the device has been used within such State dred young people called Junior States- first Americans, those who were here or political subdivision for the purpose men who are gathered in the Capitol. It first—American Indians. Although the or with the effect of denying or bridg- is an organization that comes to the Voting Rights Act applies to all Ameri- ing the right to vote on account of race Capitol and learns about Government. I cans and all minorities, let me talk or color.’’ The counties in Virginia talked to them about the Voting just a little about its impact on Native that have been removed from this Rights Act some, and I talked to them Americans, American Indians. preclearance review are Augusta, Fred- about what we take so much for grant- They were first given U.S. citizenship erick, Greene, Pulaski, Roanoke, Rock- ed in this country, including the right rights in 1924. Think of that. Almost a ingham, Shenandoah, and Warren and to vote. century and a half of this country’s ex- the cities of Fairfax, Harrisonburg, and I described what happened, at least perience passed before Indians were Winchester. as I read the history books, on Novem- recognized. It took from 1924, nearly 40 The renewal of this act does not ber 15, 1917, at Occoquan Prison. That years later, for all of the States in this mean that the reauthorizing States is the day on which a good number of Nation to say to American Indians: still engage in voter discrimination on women were severely beaten at the Yes, you have the right to vote. You the basis of race. Renewal should in- Occoquan Prison. Several dozen women have the full rights of American citi- stead be viewed as a continued unflag- were picked up because they dem- zenship. The last State to clear the ging commitment to ensuring the pro- onstrated in front of the White House. hurdles and the obstacles to voting by tection of a law-abiding person’s right They were arrested for demonstrating American Indians was New Mexico, in to vote without subversion or unwar- because they were in the streets dem- 1962, only 3 years before the Voting ranted interference. onstrating, insisting that women ought Rights Act. Think of that. These were Thanks in part to the Voting Rights to have the right to vote in this coun- the Americans who were here first. Act, Virginia was the first State in our try. Because they demanded the right They lived here when the rest of us Union to popularly elect the first Gov- to vote, demonstrating in the streets of came here—American Indians. ernor who is an African American. I this capital, they were arrested and We come today on the issue of ex- hope that after this November’s elec- taken to the Occoquan Prison. Among tending the Voting Rights Act. I be- tions, Virginia will not be the only those women were Lucy Burns and lieve it has been almost a quarter of a State to have a Governor elected who Alice Paul. century since we have done that; 1982 is an African American. In fact, I The description of what they did to was the last time Congress reauthor- would be happy if there were two more those women includes putting hand- ized the Voting Rights Act. It has been Governors elected this year who are Af- cuffs on Lucy Burns, tying the hand- hailed by many as the single most ef- rican American. The election in Vir- cuffs with a chain, and then putting fective piece of civil rights legislation ginia represented an inspirational suc- the chain above a cell door and letting that has ever been passed. cess for one person, L. Douglas Wilder, her hang the entire evening, with blood I was in Philadelphia some weeks ago who was elected Governor because of running down her arms. That was the and went to the Constitution Center. his perseverance in winning. But it is fate of Lucy Burns. Alice Paul had a At the Constitution Center they have also an advancement and a matter of tube forced down her throat. They these statues of the 55 men—yes, only pride, I think, and an achievement of tried to force feed Alice Paul, and she men—who sat in that hot room in the the Commonwealth of Virginia, which nearly drowned. The transgression of hot summer and wrote the Constitu- only decades earlier had counties that these women: They were demanding tion of the United States. The three closed their public schools rather than the right of women to vote. words that began that great document integrate them to comply with the It is interesting what some people were, ‘‘we the people’’—not just some Brown v. Board of Education decision. have done to demand the right of citi- of the people, all the people—‘‘we the Now, we realize we have made zenship and what others so often and so people.’’ And all of the power in this progress, but we need to continue to regularly take for granted. document called the Constitution of make strides. We need to strive to be a My colleague was talking, I believe, the United States is vested in the society, as Martin Luther King, Jr., about the struggle that minorities in power of one—one American casting stated, ‘‘Where people are judged by this country, including especially Afri- one vote at one time. That is all the the content of their character rather can Americans, have made to have the power in this Government. That ex- than by the color of their skin.’’ right to vote, and I believe the previous ceeds all the power of all the Presi- We must join together in our great speaker was talking about Selma, AL, dents, all the power of all the Sen- country, a country that has tremen- on March 7 in 1965, when State troopers ators—the power of one person to cast dous promise, to make sure that every- brutally beat civil rights workers. The one vote on one day to alter the des- body, no matter their race, or their marchers were fighting for their right tiny of this country. ethnicity, or their religion, or their to vote. On that day, in 1965, that day Except we have learned over time gender, has that equal opportunity to in March, they were brutally beaten that some have been denied that oppor- lead a fulfilling life, to compete and to because they insisted on the right to tunity: African Americans, American succeed in our country. vote, just as Alice Paul and Lucy Indians, women. It has taken a long The reauthorization of the Voting Burns had done some 60 years before time and a bloody struggle, regret- Rights Act is a tool that has, can, and that. tably, to make certain that everyone will help achieve this goal of fairness Lyndon Johnson said this about what has the right to exercise the power of in America. So I urge my colleagues is called Bloody Sunday. He said: one, to become part of ‘‘we the people.’’ this afternoon to renew and pass this At times, history and fate meet at a single My guess is that the spirit of Lucy important piece of legislation. We can time in a single place to shape a turning Byrne and Alice Paul exists in this de- and have debated the issue, but we also point in man’s unending search for freedom. bate about voting rights. The spirit of

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.016 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7973 the civil rights marchers who were celebrate the 40th anniversary of that a concussion at the bridge. I almost died. I beaten brutally—one lost his life on Voting Rights Act. I was proud to gave blood, but some of my colleagues gave that bloody Sunday—their spirit exists march in the footsteps of civil rights their very lives. as this Congress turns again to the sub- giants, to celebrate a bill that has It is good for us to reflect on that and ject of voting rights and asks the ques- often been called the most significant to value what John Lewis and his cour- tion: Will we do everything possible to civil rights law ever passed by Con- age meant to America and so many ensure that every American is able to gress. others, and why this bill at this mo- exercise the power of one as part of It has broad support today. Yester- ment is important for America. We ‘‘we the people’’ in this great country? day, in my Senate Judiciary Com- honor the legacy of civil rights heroes That is why this is such an important mittee it passed unanimously, with a by extending the Voting Rights Act piece of legislation. That is why some bipartisan vote. That is a great tribute provisions that would expire in just a take it for granted day after day. It is to that committee and where Amer- short time. why others have given their lives for it. ica’s thinking is today on Capitol Hill. The bill itself is named after three Today, when this Congress passes the But it was bitterly fought in 1965. Peo- extraordinary civil rights heroes: Voting Rights Act, to extend the Vot- ple died for that law. Civil rights work- Coretta Scott King, who continued her ing Rights Act once again, I think it ers James Cheney, Michael Schwerner, husband’s leadership of America’s will have been one of its finest hours. Andrew Goodman, and so many others movement for racial justice and human I yield the floor. were murdered simply because they rights; Rosa Parks, what a brave lady, The PRESIDING OFFICER. The Sen- had the courage to step up and say who ignited the Montgomery Alabama ator from Illinois. every American has the right to vote. bus boycott; and Fannie Lou Hamer, Mr. DURBIN. Mr. President, if you It has been so long ago, it sounds like the sharecropper who became a civil are a student of history, this is a mo- ancient history, and you may be puz- rights champion. She was nearly beat- ment that you should reflect on and zled to think: People would give their en to death trying to register to vote. savor. Just a short time ago, I came to lives? Ordinary people would die over And her famous declaration? Fannie the floor and sat in the back row and this, over this battle? The answer is Lou Hamer said, ‘‘I am sick and tired listened as Senator TED KENNEDY of yes. Black, White, and brown Ameri- of being sick and tired.’’ Massachusetts spoke. I wanted to be cans came forward and said it was Last week, the House of Representa- here to see it because Senator TED worth dying for because it really was tives passed the Voting Rights Act by a KENNEDY was one of the few who was a the cornerstone of America’s democ- vote of 390 to 33. It was a proud mo- Member of the Senate when the Voting racy. ment for that Chamber. In his auto- Rights Act passed in 1965, more than 40 Just a few years ago, I made a trip biography, Dr. Martin Luther King re- years ago. He recounted the struggle down South, my first step to Selma, flects on this Voting Rights Act, and that led to the passage of that legisla- AL. When the civil rights march at this is what Dr. King wrote: tion—and it was a struggle. He talked Selma took place, I was a student here When President Johnson declared that about President Lyndon Baines John- in Washington. I sat around in my Selma, AL, is joined in American history son coming back to Capitol Hill, with apartment with several other students with Lexington, Concord, and Appomattox, which he was so familiar as a Member and we talked about getting in a car he honored not only our embattled Negroes, of the Senate, and just a few feet away and driving down to Selma and being but the overwhelming majority of the na- from where I am standing, in one of the tion, Negro and white. The victory in Selma part of that march. I remember it like is now being written in the Congress. Before small rooms known as the President’s it was yesterday. I couldn’t get away long, more than a million Negroes will be Room, signing the Voting Rights Act from my job, I had other excuses, and new voters and psychologically, new people. of 1965. I didn’t go. I have thought about that Selma is a shining moment in the conscience I wanted to come and hear TED KEN- so many times, how I wished I had been of man. If the worst in American life lurked NEDY tell that story because I do appre- there at that moment, to have been in the dark streets of Selma, the best of ciate it—not just as history but be- part of that historic march across the American democratic instincts arose from cause of what that meant to America. Edmund Pettus Bridge, but I missed it across the nation to overcome it. Some say it was the most significant and regretted it ever since. What powerful and hopeful words. civil rights legislation in our history. Three years ago, Congressman JOHN It is wrong for us to equate racism It is hard to argue that it was not be- LEWIS, from the State of Georgia, in- and prejudice with the South in Amer- cause if Americans don’t have the right vited me, Senator BROWNBACK of Kan- ica. Sadly, it has touched every corner to vote, they don’t have the most basic sas, and others to join him in a little of our great Nation. Every one of us in right that we appreciate and treasure commemorative pilgrimage to the Ed- our towns and communities and vil- as American citizens. mund Pettus Bridge. Early one Sunday lages, North and South, East and West, On the day that President Lyndon morning we got up and drove over to have struggled with some form of rac- Baines Johnson signed the Voting Selma and JOHN LEWIS and SAM ism in the course of our history. Rights Act of 1965, he said it was one of BROWNBACK and I walked across the Ed- In the 1960s, Illinois fielded its first the most monumental laws in the his- mund Pettus Bridge. African-American candidate, a woman tory of American freedom. And then he JOHN LEWIS was the perfect person to named Fannie Jones from East St. said: bring us on that pilgrimage because he Louis, IL, my hometown, who ran for Today is a triumph for freedom as huge as had been there on that bloody day clerk of the Illinois Supreme Court. any victory that’s ever been won on any bat- when the first march took place. When She lost. It wasn’t even close. But she tlefield. Today we strike away the last major we went there on that Sunday morn- was the first to try to run statewide. shackle of fierce and ancient bonds. ing, it was quiet and peaceful. But he Then fast-forward. By 1978, Illinois Those beautiful words were quoted in marched us down to the very spot elected its first African-American the autobiography of Dr. Martin Lu- where the Alabama State Troopers statewide, Roland Burris of Chicago, as ther King, Jr. They are a reminder that turned and started beating him—beat- State comptroller. what we are about today is not just an- ing him unconscious. He fell to the Now bring it to the present day, and other piece of legislation. It is only 12 ground and nearly died. But he sur- I am honored that my State, Illinois, or 13 pages long—small by Senate vived and that cause survived and the land of Lincoln, can claim that the standards—but what it does is make today JOHN LEWIS is a Congressman. two biggest vote getters in its history another commitment by our genera- What does that have to do with this are African Americans: my close tion to the same basic values and prin- debate? Just last week, Congressman friend, Secretary of State Jesse White, ciples that guided this Congress to pass JOHN LEWIS spoke in the House about and my colleague, in whom I have such the first Voting Rights Act of 1965. the history of the Voting Rights Act, great pride, BARACK OBAMA the two In August of last year, I was invited and here is what he said: biggest vote getters in the land of Lin- to Atlanta, GA, to represent my caucus When we marched from Selma to Mont- coln. It says a lot about how far we of the Senate to march with civil gomery in 1965, it was dangerous. It was a have come just in my short political rights leaders and ordinary people to matter of life and death. I was beaten, I had lifetime.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.018 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7974 CONGRESSIONAL RECORD — SENATE July 20, 2006 Yesterday, the Senate Judiciary laws that required African Americans The record is thorough and clear. Committee voted to reauthorize this to pay a poll tax before they could Voter discrimination continues. It re- bill. Today, the Members of the Senate vote, laws which had literacy tests and mains a threat to American democ- have an opportunity to make history constitutional tests before a person can racy. We need to pass this renewal of by passing this strong, bipartisan ex- vote, and say: That is the past; thank the Voting Rights Act. We need to step tension of the Voting Rights Act. A lot goodness it is behind us. This Georgia back as a nation and ask some impor- of people argued when this debate law which imposed a new requirement tant questions, not pat ourselves on began that it was unnecessary. Voting for a voter ID, which would have cost the back on a bipartisan basis for pass- rights? Where is that a problem in many voters $20, was, in the view of the ing this. America, they said? I wish it were not Federal court system, a new poll tax. Why is it so many voting machines in a problem. Unfortunately, it is part of a pattern. cities where the poorest people live Listen again to what Congressman Since 1982, the Federal Justice Depart- don’t work? Why is it people are denied JOHN LEWIS said last week: ment has objected to nearly 100 pro- their choices on the ballots because Yes, we have made some progress. We have posed changes to election procedures in they are stuck with voting machinery come a distance. We are no longer met with Georgia alone on the grounds that the that is antiquated or just plain dys- bullwhips, fire hoses, and violence when we changes would have a discriminatory functional? Why is it those who are attempt to register and vote. But the sad impact on minority voters. The Justice fact is, the sad truth is, discrimination still challenged time and time again turn exists, and that is why we still need the Vot- Department has sent Federal observers out to be the poor, the dispossessed? ing Rights Act.... We cannot separate the to monitor nearly twice the number of Why is it they have the toughest time debate today from our history and the past elections in Georgia since 1982 as it did when it comes to voting in America, if we have traveled. between 1965 and 1982. this is truly going to be a land of equal We had hearings before the Senate Let me add again, though I am giving opportunity? and House Judiciary Committees, more examples from Georgia, I do not stand There were attempts in the House hearings than I have ever seen on any here as a northerner by definition and and Senate to weaken this Voting single piece of legislation: 21 hearings argue we only find discrimination in Rights Act and I am glad they did not on the Voting Rights Act over the past the South. Discrimination and race has prevail. I am glad what we have before 9 months, 12 in the House, 9 in the Sen- haunted our Nation from coast to the Senate today is a strong, clear ate. Over 100 witnesses appeared or sub- coast. It is naive and wrong to believe version of renewing this law. I want it mitted statements for the RECORD, it is only a southern phenomenon, but to pass, but I don’t want the conversa- thousands of pages of reports and evi- the fact is, in this situation, in Geor- tion to end at that point. I hope we will dence, so there would be no question gia, repeatedly minority voters have accept the responsibility to challenge about the need for this bill. been challenged and have been denied any State and to challenge even our- I attended and listened to some of the right to vote. selves if we are creating unnecessary Both of the protections, the require- these hearings. They were contentious. and unfair obstacles to voters who are ment the Justice Department approve People were debating whether we need- trying to exercise the most basic right changes to electoral procedures in ed a Voting Rights Act or whether this they have as Americans. was some vestige of America’s past States with histories of voter discrimi- Whether you are Republican, Demo- which had no relevance today. But the nation and Federal monitoring of elec- crat, or Independent, we need to be evidence shows that attempts at voter tions in such jurisdictions, are only united in supporting the Voting Rights discrimination are not simply a chap- possible because of the sections of the Act. This law, above all others, should ter from our history; they continue to Voting Rights Act that must be re- be above politics and partisanship. We threaten us and our democracy today. newed. need to make sure that today in the We have made progress as a nation Let’s take another case that is not in Senate, we are all on the right side of over the past few decades, but discrimi- the South. Eighty-three percent of Buf- history. The Voting Rights Act has nation endures, many times in more falo County, South Dakota, is Native subtle forms. American, but they were packed into a served as a beacon of our democracy A recent example was in the State of single State legislative district. Non- for over 40 years. It should not be al- Georgia which passed two different Natives, who make up 17 percent of the lowed to expire until voting discrimi- voter ID laws over the past year, over population of the county, controlled nation has expired. When it passed in 1965, it was because the strong objections of the African two out of three seats on the county of the moral and physical courage of Americans who live in that State. They commission. Buffalo County was suc- people such as Congressman JOHN argued that this new Georgia law cessfully sued in the year 2003 in South would diminish the voting rights of the Dakota. The case was settled by a con- LEWIS of Georgia, Dr. Martin Luther minorities, the poor, the elderly, and sent decree. In that consent decree, King, Jr., Coretta Scott King, Rosa those without formal education. Both Buffalo County, South Dakota, admit- Parks, Fannie Lou Hamer, and so of Georgia’s laws were struck down by ted that its plan was discriminatory many others. Passing the Voting Federal courts. The first law was deter- and agreed to submit to Federal super- Rights Act also required the persist- mined to constitute a modern day poll vision of future change. ence and courage of Members of Con- tax, an unconstitutional infringement Once again, it was one of the provi- gress. on the fundamental right to vote. The sions of the Voting Rights Act which No one in the Senate pushed longer second law, slightly improved, was would expire without our action and harder for voting rights for all struck down last week by a Federal today—section 5—that entitled the Americans than a man named Paul judge who ruled it was discriminatory U.S. Justice Department to protect the Douglas of Illinois. My connection to and unconstitutional. rights of Americans to vote in South the Senate began as a college student This is what the New York Times Dakota. in 1966, a year after this law passed. I said recently about ‘‘Georgia’s new poll In another case in 2004, a Federal was an intern in the office of Senator tax,’’ as they call it: judge invalidated South Dakota’s re- Paul Douglas. I had the privilege to In 1966, the Supreme Court held that the districting plan. In her opinion, the work in his office. I guess I was lucky poll tax was unconstitutional. Nearly 40 judge described the State’s long his- in that he needed me every day. You years later, Georgia still is charging people tory of discrimination against Native cannot say that very often for an in- to vote, this time with a new voter ID law Americans, including some very recent tern, but he needed me because Senator that requires many people without driver’s Douglas was a veteran of the Marine licenses—a group that is disproportionately examples. The judge quoted a South poor, black, and elderly—to pay $20 or more Dakota State legislator who, in ex- Corps, fought in World War II, and had for a state ID card. Georgia went ahead with pressing opposition to a bill that would lost the use of his left arm in combat. this even though there is not a single place have made it easier for Native Ameri- He insisted on signing every letter, so in the entire city of Atlanta where the cards cans to register to vote, said in the every night they would stack up all the are sold. The law is a national disgrace. year 2002: mail that had been typed by all the And a reminder that laws which we I’m not sure we want that sort of person in people in his office, and Senator Doug- now look back on with embarrassment, the polling place. las would sit at the long table, starting

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.019 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7975 at 5 o’clock, signing the letters, mak- Mall, but you sensed that you were in each of us has to go into an establish- ing little notes, making corrections. I the midst of an extraordinary event ment of our choice—that decision hav- got to sit next to him and pull the let- that was going to change America. ing been made in 1964—and then to vote ters away. I was dazzled. There I was That night, I had an opportunity to and to have an impact on elections— within a foot or two of this great man watch the speech on television. You that decision having been made in 1965. who had done so much. knew it was one of the most memo- We have, of course, renewed the Vot- He came back after fighting the war rable speeches of all time in American ing Rights Act periodically since that to fight for the rights of those who history. time, overwhelmingly, and on a bipar- were being discriminated against. He The next year, I had a chance to be tisan basis, year after year after year gave a lot of political blood in the Sen- an intern on the Senate side, in Sen- because Members of Congress realize ate fighting for civil rights. If you read ator John Sherman Cooper’s office. this is a piece of legislation which has the LBJ books, stories of Lyndon Senator Cooper was probably the only worked. And one of my favorite sayings Baines Johnson, you know that in the truly successful Kentucky Republican that many of us use from time to time early days, before Lyndon Johnson be- at that point in our history in our is, if it ain’t broke, don’t fix it. This a came the great champion of the civil State. He was among the members of good piece of legislation which has rights that he was in his late career, he the Republican Party leading the served an important purpose over was in pitched battle with the likes of charge for the public accommodations many years. Estes Kefauver, Hubert Humphrey, and bill of 1964, that is, the civil rights bill I had an opportunity, as many of us Paul Douglas over the issue of civil of 1964 which, interestingly enough, on did, yesterday to meet with members rights, but the day finally came in 1965 a percentage basis, was supported by of the NAACP—which happens to be when the Voting Rights Act passed. more Republicans in the Senate than meeting here in Washington, as we Senator Paul Douglas said it was his by Democrats. I think not many Amer- speak—from my State in my office. proudest achievement as a Senator. icans know that, but that was, indeed, They were excited to be here. There Today, American troops are risking the case. A higher percentage of Repub- were older people, middle-aged people, their lives—and many have given their licans supported the civil rights bill of and younger people in this group, all of lives—to secure the right to vote for 1964 than did Democrats. them thrilled to be in Washington and the people of Iraq and Afghanistan. The I had a wonderful summer observing to be in Washington, potentially, at absolute least we can do is to have the Senator Cooper at work when he was, the same time this very important leg- courage to protect the right to vote for in effect, leading the charge on the Re- islation is going to be reauthorized. We all Americans by giving resounding, bi- publican side, along with Everett Dirk- know the President will be speaking to partisan support to the renewal of the sen, to stop the longest filibuster in the NAACP and will be signing the bill. Voting Rights Act. the history of the Senate—and it is We will be able to pass it here in the I yield the floor. still the longest filibuster—that was Senate in a few hours. And this land- The PRESIDING OFFICER (Mr. employed against the civil rights bill mark piece of legislation will continue GRAHAM). The Senator from Kentucky. of 1964. That filibuster was broken to make a difference not only in the Mr. MCCONNELL. Mr. President, the while I was an intern that summer. It South but for all of America and for all reauthorization of the Voting Rights was an exciting time. The bill was of us, whether we are African Ameri- Act brings back a lot of memories of passed and President Johnson signed cans or not. my early life and childhood. When I it. Mr. President, obviously, I rise today was born in the Deep South, in Ala- The next summer after I finished my in support of this bill. bama, segregation, regretfully, was first year of law school, I came back to America’s history is a story of ever- still very much in vogue. I remember Washington to visit some of the friends increasing freedom, hope, and oppor- all too well segregated restrooms, seg- I had made in the two previous sum- tunity for all. The Voting Rights Act regated entrances into movie theaters, mers, for a week or so. I happened to be of 1965 represents one of this country’s and segregated schools which still ex- in Senator Cooper’s office on the day greatest steps forward in that story. isted when I started in the first grade President Johnson was to sign the 1965 Our most basic founding ideal is that in the late 1940s. Voting Rights Act in the Rotunda of sovereignty flows up, from the people I subsequently lived with my parents the Capitol. Senator Cooper came out, to their elected leaders. The governors in Alabama for a few years. Then we grabbed my arm in the reception room must have the consent of the governed. moved to Louisville, KY, about the of his office and walked me over to the time Kentucky was integrating its Rotunda where I got an opportunity to In order for that ideal to mean any- schools in response to the 1954 land- watch President Johnson sign the vot- thing, every American must have free- mark decision Brown v. Board of Edu- ing rights bill. The Rotunda was full of dom of political expression—including cation. Integration in public schools in people. I was not exactly standing be- the free, unfettered right to vote. Kentucky was smoothly accomplished, side President Johnson—I was way off But prior to the Voting Rights Act’s I think a tribute to our State which is in the distance—but I do recall the passage, for far too many African somewhat southern and somewhat a presence of President Johnson. He was Americans, America did not live up to border State. Kentucky accommodated an enormous man. Not only was he its promise that ‘‘all men are created itself to a new reality of integrated very tall, he had a huge head, huge fea- equal.’’ Many African Americans were schools rather easily with the min- tures, and he sort of stood out above denied the right to vote. imum amount of some of the distress this mass of humanity in the Rotunda Thanks to brave men and women who that occurred in other parts further of the Capitol. And so it was, indeed, a held sit-ins at lunch counters, rode in South and actually in some northern memorable day. I happen to have been Freedom Rides, marched in our Na- cities as well. there the day the original voting rights tion’s capital, or simply refused to give In the early 1960s, I had an oppor- bill was signed. up a seat on a bus, America was forced tunity to be an intern over on the This is a piece of legislation which, to look itself in the mirror, admit its House side in 1963. I was here that sum- obviously, has worked. African-Amer- failing, and recommit itself to its mer when the extraordinary march on ican voters are participating through- founding ideals. Washington occurred. I remember out America, and some statistics indi- I am especially proud to stand in sup- standing on the steps of the Capitol, cate in greater percentages, really, in port of the reauthorization of the Vot- looking down the Mall to the Lincoln the South than in other parts of the ing Rights Act because, as I said, I was Memorial. It was crowded with people country. there when President Johnson signed from one side to the other all the way Coming on the heels of the removal the original Act in 1965. down to the Lincoln Memorial which, of the discrimination in places of pub- I was overwhelmed to witness such a of course, is where Martin Luther King, lic accommodations, this bill, the very moment in history, and moved that my Jr. made that extraordinary ‘‘I Have a next year, eliminated the barriers to hero, Senator Cooper, at the spur of Dream’’ speech. I couldn’t hear it be- voting, so that all Americans could the moment, had brought me to wit- cause I was at the opposite end of the participate in the basic opportunities ness it.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.042 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7976 CONGRESSIONAL RECORD — SENATE July 20, 2006 It fills me with personal pride that I our purpose. We cannot, we must not, refuse America is the only idealistic nation in the can today carry on a small part of Sen- to protect the right of every American to world. ator Cooper’s legacy by voting to reau- vote in every election that he may desire to I think he was right about that. We thorize the bill he worked so hard and participate in. are an idealistic nation. We always so courageously to pass 41 years ago. Five months after the march in strive for the better. In fact, we strive The Voting Rights Act has proved to Selma, AL, President Johnson signed for perfection. We try to reach the be a success for America. On March 15, the Voting Rights Act into law. The ideal. We do not always get there. Cer- 1965, President Johnson spoke before a Voting Rights Act, in that context, in tainly, the treatment of African Amer- joint session of Congress and chal- that time, put an end to literacy tests, icans through the history of this Na- lenged them to pass this historic legis- poll taxes, and other less direct meth- tion is a clear example of that. We do lation. ods to prohibit or discourage people not always get to the ideal. We do not At that time, he said: from voting. They were clearly dis- always get to the goal we set for our- The time of justice has now come, and I criminatory tactics used all over this selves. But one thing that makes tell you that I believe sincerely that no force country but in the South particularly. America different from a lot of coun- can hold it back . . . and when it does, I In the South, after the Voting Rights tries is that we try. We try. And we go think that day will brighten the lives of Act passed in 1965, African-American the extra mile to try to make opportu- every American. registration rose to a record 62 percent nities for people in this country and to History has proven President John- within just a few years after the pas- try to live up to the ideals of our son correct. The Voting Rights Act sage of the Voting Rights Act. Founding Fathers and those ideals on brought about greater justice for all. It has been an amazing success. When which this Nation was founded. The And while we celebrate that achieve- it was enacted, there were only 300 Af- Voting Rights Act is a very important ment, we must continue to strive for rican-American public officials in this part of that. more. country—only 300. Today, there are I thank my colleagues for listening I know my colleagues will join me in over 9,000. And the number of Latino today, and I thank my colleagues for recognizing that our country will and elected officials is over 6,000. their votes today. must continue its progress toward a so- So there is no doubt the Voting Mr. President, I yield the floor. ciety in which every person, of every Rights Act is important, that it has The PRESIDING OFFICER. The Sen- background, can realize the American been very effective. There is no doubt ator from Wisconsin. Dream. With the passage of this bill, that it is one of the most important Mr. FEINGOLD. Mr. President, I, too, we are reaffirming that Dream. things Congress has done to equalize rise today to speak in support of the I believe I am safe in predicting this and give opportunity to all Americans. Fannie Lou Hamer, Rosa Parks, and legislation will be approved over- It is also—there is no question about Coretta Scott King Voting Rights Act whelmingly this afternoon, and it is it—just as important today as it was Reauthorization and Amendments Act something all Members of the Senate, four decades ago. of 2006. I am pleased to be a cosponsor on both sides of the aisle, can feel deep- I know the NAACP national conven- of and to have participated in the hear- ly proud of having accomplished. tion is being held in Washington this ings held by the Judiciary Committee Mr. President, I yield the floor. week. I know they are very supportive on this incredibly significant legisla- The PRESIDING OFFICER. The Sen- of this. There are countless civil rights tion. ator from Arkansas. groups and organizations that are sup- The Voting Rights Act may very well Mr. PRYOR. Mr. President, I rise portive of this, and they want to renew, be the most important piece of Federal today in support of the Voting Rights reauthorize, and restore this act. I ap- legislation ever passed, for without a Act. I have in my pocket here a small preciate that, and I respect that. But meaningful chance to vote, there can copy of the U.S. Constitution that Sen- also, in a broader context, this vote be no equality before the law, no equal ator BYRD gave me a few months ago. today allows us to stand not just with access to justice, no equal opportunity It is something I cherish. the NAACP, not just with civil rights in the workplace or to share in the ben- In February of 1870, the Constitution groups but to stand with America. efits and burdens of citizenship. Brave was amended with the 15th amend- We have made, as I said, significant Americans risked their very lives in ment. It says, in section 1: strides. We have done some great marches and demonstrations to pass The right of citizens of the United States things, provided a lot of opportunity, this historic legislation. to vote shall not be denied or abridged by the opened a lot of doors. And we still have The electoral process in this country United States or by any State on account of a few miles to go. has improved significantly as a result race, color, or previous condition of ser- One thing I have noticed, as former of the Voting Rights Act. This success vitude. attorney general of the State of Arkan- is evident in the increased participa- Section 2 says: sas, is that over the last few years tion in elections by minority voters The Congress shall have power to enforce there has developed a new generation and in the enhanced ability of minority this article by appropriate legislation. of tactics to prevent people from vot- voters to elect candidates of their That was passed in 1870. Just a few ing, and some of these are very subtle. choice. There is no doubt that progress years after the close of the Civil War, Some of these have to do with annex- has been made. the 15th amendment was added to the ations or even redistricting that could But I think that Ted Shaw, the presi- Constitution. But it took this Congress be done for discriminatory purposes or dent of the NAACP Legal Defense and really 95 years before it acted, in a changing the polling place without a Education Fund, put it best when he meaningful way, to implement that lot of notice or making it very difficult testified before the Senate Judiciary second section which allows Congress for some people to get to. The Voting Committee that: to implement this law. Rights Act is important today to make The Voting Rights Act was drafted to rid I am reminded that in the last 50 sure those practices end as well. the country of racial discrimination—not years we have made a lot of progress It is hard for some of us to admit simply to reduce racial discrimination in when it comes to race relations in this today—because we have made so much voting to what some view as a tolerable country. We have opened doors. We progress—that we still need this impor- level. have provided opportunities. We have tant legislation. I think everybody As a member of the Senate Judiciary changed things. It has really been a re- here wishes we did not. We would love Committee and as the ranking member markable change for the better. How- to say we have accomplished the task of the Subcommittee on the Constitu- ever, I think every Senator would ac- and that we have equal voting oppor- tion, you can take it from me that the knowledge today that there are still tunity for every American. We would committee has done due diligence in miles that need to be traveled. I know all love to say that. But in reality, we examining this issue. But you do not that when Lyndon Johnson rallied the know we do not, and we know we must have to take it from me, of course. The Nation to press for the passage of the continue the struggle. extensive record the committee has Civil Rights Act back in 1965, he said: I am also reminded, in closing, what compiled powerfully demonstrates the This time, on this issue, there must be no Woodrow Wilson said about this coun- importance of the reauthorizing legis- delay, no hesitation and no compromise with try. One time he said: lation before us today.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.011 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7977 Even in recent election cycles, Amer- indicate a thank you to the State De- that the principles and ideals of our de- icans continue to be disenfranchised by partment. mocracy and of America are upheld. discriminatory redistricting plans, (The remarks of Ms. STABENOW are Passing this bill is a very important through the denial of voting materials printed in today’s RECORD under step for us. I am pleased this has been they are entitled to under the law, and ‘‘Morning Business.’’) placed on the agenda and that we are through changes to election procedures Ms. STABENOW. Mr. President, I going to come together overwhelm- that disadvantage minority candidates rise in support of the Fannie Lou ingly and pass it today. We need to and voters, among other things. Hamer, Rosa Parks, Coretta Scott make sure we are willing to take the It is also worth noting that just a few King, and Cesar Chavez Voting Rights next steps. We have election reform weeks ago, the Supreme Court recog- Reauthorization Act of 2006. We all legislation introduced in the Senate nized that discriminatory redistricting know that this reauthorizes existing that needs to be passed. For the life of plans are not simply a vestige of the but currently expiring provisions of the me, I cannot imagine why when I go to past—finding a purposeful effort to di- Voting Rights Act for 25 more years. I the ATM machine, I can get a piece of lute the voting power of over 100,000 personally believe that when this was paper, a receipt that tells me about my Latino Americans. It is clear to me instituted in 1965, there should not transaction, and yet there is resistance that we have come a long way from the have been an expiration date and would to us having a paper backup so we bridge in Selma, AL, but we have not prefer that in this bill there not be an know that in fact the integrity of our come far enough. expiration date. But I am appreciative vote and the voting process has been Section 5 of the Voting Rights Act of the fact that we have bipartisan sup- maintained. I hope this will be phase has been instrumental in bringing port to continue this provision, and one in a series of things we do to make about the dramatic improvements in hopefully at some point we will be able it clear that everyone in America has voting rights and representation for to take off the ending date. the right to vote, that we are stronger minorities in covered areas. Keeping it I think about standing in this very because of that. We certainly know we in place, with a reasonable bailout pro- important spot in the Senate. Right are a better country, a stronger coun- vision, is the best way to be sure we do around the corner from us is a room we try because of the law that was passed not lose the progress that has taken call the President’s Room that Presi- in 1965, the Voting Rights Act, and that place. dent Lyndon Johnson used in 1965 to we will be stronger because of this leg- Let me just say in response to some sign the original legislation because of islation’s passage and that we, in fact, comments that were made during the its significance. We all know this is the will be at our strongest and our best Judiciary Committee’s hearings that bedrock of our democracy, the right to when we are fully committed to an ac- all Members of Congress, regardless of vote, the right to vote without harass- curate, full, and open voting process whether they are in a covered or non- ment, intimidation, with correct infor- for every person and every community covered jurisdiction and regardless of mation, knowing your vote in fact will in America. their political affiliation, have an in- be counted. I urge adoption of the bill and thank terest in ensuring the continued effec- I am proud of the fact that one of the the Chair. The PRESIDING OFFICER. The Sen- tiveness of the Voting Rights Act. As folks who this bill is named after is Rosa Parks, who is from Detroit. We ator from Oregon. Federal legislators, we have a responsi- Mr. SMITH. Mr. President, I rise to claim her as our own and are so proud bility to address and eliminate dis- enthusiastically support the reauthor- of all she has done, along with the oth- crimination wherever it is found. The ization of the Voting Rights Act. I will ers this bill has been named after. But integrity of our elections and of our speak to that issue, but with the per- we are very proud that the mother of very democracy depends on it. mission of the leadership, following the civil rights movement is from our Let’s not falter now. Let’s not stop or these remarks, I ask unanimous con- turn back the clock but, rather, build own beloved Detroit. sent that Senator WYDEN and I be Before 1965 and the bill’s passage, we on the extraordinary success of this given a half an hour to speak as in had communities with explicit poll legislation and reaffirm the promise morning business. that all citizens, no matter what the taxes and literacy tests to prevent peo- The PRESIDING OFFICER. Without color of their skin, can participate ple of color from voting. We have in objection, it is so ordered. fully and equally in the electoral proc- fact made great progress on civil rights Mr. SMITH. Mr. President, above the ess. We must reauthorize the expiring since the original law. But as many of dais, our Nation’s motto, e pluribus provisions of the act. We must ensure my colleagues have said, there is much unum, is chiseled in the marble. That that section 5 can continue to serve as more to be done. Now, unfortunately, is more than a motto; it is one of a powerful deterrent to violations in we have more subtle and sometimes America’s greatest ideals. But it is an areas of the country with a history of not so subtle forms of voter intimida- ideal that we are constantly in an ef- systemic discrimination at the polls. tion and suppression. Voters too many fort to realize as fully as is humanly We must also reauthorize section 203, times are being told of the wrong poll- possible. Our Nation has made great which has empowered many voters ing place or flyers and phone calls tell progress on becoming one, and becom- with limited English proficiency to people that the election was moved. I ing one begins at the ballot box. Our participate in our democratic process. know in my State we have struggled Nation began at a time when even the It is also important that the Senate re- with misinformation going out around institution of human slavery was toler- store the original understanding of the elections. Why is it that it is predomi- ated—tragically for nearly 70 years— act with respect to the opportunity-to- nantly in our cities where the lines are leading then to a horrendous Civil War elect standard and to election proce- the longest, the voting machines are that claimed the lives of nearly a mil- dures with discriminatory intent. the oldest, and, in fact, there are fewer lion Americans trying to fully realize There is much more work to do in machines? We need to know we are not what that motto means. The institu- terms of eradicating discrimination done with what this bill represents tion of slavery was ended—thank- from our elections process, and reau- until those things are fixed, until every fully—too late but ended nevertheless. thorizing and strengthening the Voting voting machine works, until there is In the bitter years that followed, the Rights Act is, of course, a step in the enough to make sure everyone can years of Reconstruction and all the right direction. I will vote in favor of vote, until there is a paper backup so heartache that flowed from the Civil H.R. 9, and I urge my colleagues to do we know the votes are being recorded War, there was a period of time in part the same. accurately, and until every person or of our country where African Ameri- Mr. President, I yield the floor. group that attempts to harass anybody cans were denied access to the ballot The PRESIDING OFFICER. The Sen- in terms of exercising their American box and were disenfranchised by that. ator from Michigan. right to vote has been stopped. But it isn’t just one region of the coun- Ms. STABENOW. Thank you, Mr. These practices are a reminder that try where we have to constantly be President. Before speaking about this our laws are only as good as the people vigilant about race relations; it is a very important piece of legislation we who enforce them. That is the commit- challenge all over America. The chal- are about to pass, I wish to briefly just ment we have behind it, to make sure lenge begins in every heart and in

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.045 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7978 CONGRESSIONAL RECORD — SENATE July 20, 2006 every home. It is a fact that the Jim the assistant majority leader of the There is a well-defined body of case Crow laws were specifically designed to Senate, Senator MCCONNELL, to speak law defining when racial discrimina- intimidate African Americans from on the legislation renewing the Voting tion violates the U.S. Constitution. voting. Thankfully, with the passage of Rights Act. That case law provides clear borders to the Voting Rights Act in 1965, under Let me begin by saying I support the the limits of the Executive discretion the signature of President Lyndon Voting Rights Act extension. This law being granted in this bill. Johnson, the constitutional promise was critical to ending over 90 years of One traditional and important stand- was fully realized, and now we have an voting discrimination against African ard for identifying unconstitutional ra- opportunity to extend it. Americans in the South. Prior to this cial discrimination is to ask whether The Voting Rights Act is already a law, many States enforced discrimina- the challenged court action departs statute, but certain of its provisions tory policies that were designed to and from normal rules of decision. In the will expire if we do not do this. We that did prevent African Americans case of redistricting, courts and the have the privilege to do so today. from voting. Since that law was en- Justice Department would ask: Was The 15th amendment of the Constitu- acted, many of the same States where the decision not to create a Black ma- tion says: The right of citizens of the African Americans first voted in far jority district a departure from ordi- United States to vote shall not be de- lower numbers than Whites now have nary districting rules? If a State has a nied or abridged by the United States higher percentage of African Ameri- large minority population con- or by any State on account of race, cans voting than other races. centrated in a particular area, ordi- color, or previous condition of ser- The Voting Rights Act is a historic narily rules of districting—following vitude. The 19th amendment was achievement that has corrected one of political and geographic borders and adopted later in 1920, which extended the glaring injustices of our Nation’s keeping districts as compact as pos- that right to women. But as I said, not past. It has been an important step in sible—would recommend that these until the Voting Rights Act were all our Nation’s continuing progress to- voters be given a majority-minority the subtle and insidious barriers ward our founding ideal that all men district. If the redistricters went out of dropped around the country that pre- are created equal. their way to avoid creating such a ma- vented African Americans from exer- Mr. President, I wish to address some jority minority—one that would be cre- cising their franchise. questions that have been raised about ated under ordinary rules—that is un- Lyndon Johnson said, when he signed this reauthorization and ask my col- constitutional racial discrimination, this act, that he did so so the full bless- leagues if they concur in my interpre- and it is banned by this bill. But this ings of American life can be fully real- tation. bill does not require the creation of a ized. For the full blessing of American The bill amends section 5 by legisla- majority-minority district that would life begins at the ballot box. Trag- tively abrogating two Supreme Court not be created under default districting ically, not all Americans exercise their cases interpreting the act: Reno v. Bos- rules. Nor does the bill require the cre- right to vote, but those who want to sier Parish and Georgia v. Ashcroft. ation of coalition or influence dis- should be able to have access, that These changes are related to one an- tricts. It bars discrimination against their vote be cast and counted and that other. They are designed to operate to- racial minorities, not against electoral it be done so without intimidation or gether to achieve a common objective: advantages sought by either Repub- without fear. the protection of naturally occurring licans or Democrats. Moreover, no I rise to fully support this. My moth- legislative districts with a majority of group is entitled to always be included er used to always say, treat others as minority voters. in a district where the candidate of its they would want to be treated. That is The two changes to section 5 accom- party will prevail. another way of saying, treat others the plish this goal by enhancing and re- This section’s abrogation of Bossier way you would want to be treated. I focusing the operation of section 5. Parish does not permit a finding of dis- have heard from many of our African- These changes simultaneously bar criminatory purpose that is based, in American citizens who have urged my redistricters from denying a large, whole or in part, on a failure to adopt vote for this. I proudly and with pleas- compact group of minority voters a the optimal or maximum number of ure do so today. I suspect we will vote majority-minority district that it compact minority opportunity dis- on this later. would receive in the absence of dis- tricts or on a determination that the I believe the law is a teacher. The crimination, and also to bar plan seeks partisan advantage or pro- Voting Rights Act has taught Ameri- redistricters from breaking up a com- tects incumbents. With the language of cans all over the continent that this is pact majority-minority district that this bill, we are importing the con- a central right and, therefore, I believe has been created in the past. stitutional test in section 5, and noth- we are doing the right thing in reau- Some have raised the specter that ing else. With this understanding, I thorizing these provisions that other- Federal bureaucrats will abuse the au- support this improvement to section 5 wise will expire. thority we are giving them under this of the Voting Rights Act. (The remarks of Mr. SMITH and Mr. provision, that they will characterize The PRESIDING OFFICER. The Sen- WYDEN pertaining to the introduction all manner of practices as having a ator from Texas. of S. 3701 are located in today’s RECORD ‘‘discriminatory purpose.’’ In par- Mr. CORNYN. Mr. President, I add under ‘‘Statements on Introduced Bills ticular, there has been some suggestion that I share the views of my colleague and Joint Resolutions.’’) that the new language will be abused from Arizona. Like he, I represent a Mr. WYDEN. Mr. President, I also by the Justice Department to require State that is covered by section 5 of congratulate our colleagues who have creation of the maximum number of the Voting Rights Act which is one of worked tirelessly to ensure the author- Black majority districts possible or the the sections that is being reauthorized ization of the exceptionally important maximum number of so-called coali- today, hopefully. I thus paid close at- Voting Rights ct. This law plays a crit- tion or influence districts, in which mi- tention to the changes being made in ical role in ensuring that the right of nority voters are combined with that section. all Americans to vote is protected. I in- enough White voters of similar par- Like my colleague from Arizona, I tend to speak more extensively later tisan leanings to elect a candidate. supported the provision that effec- on about the Voting Rights Act. I don’t think this is what the bill tively instructs the Justice Depart- Mr. WYDEN. Mr. President, I yield does, or that it can be reasonably read ment to refuse to preclear a voting the floor. to do this. To say something has a dis- practice that is motivated by a dis- The PRESIDING OFFICER. The Sen- criminatory purpose is a term of art. It criminatory, unconstitutional purpose. ator from Arizona. is the language of the jurisprudence of I also agree this is all this change does. Mr. KYL. Mr. President, I rise today the 14th amendment, of cases such as It does not authorize the Justice De- with my colleagues Senators CORNYN Washington v. Davis, which define partment to define for itself what is a and HATCH from the Judiciary Com- when particular action constitutes ra- ‘‘discriminatory purpose.’’ The Con- mittee—Senator HATCH having chaired cial discrimination and violates the stitution and the courts have already the committee for several years—and Constitution. done that, and it is that constitutional

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.032 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7979 definition that is being incorporated in forces the Constitution’s requirements preme Court’s interpretation of section this legislation. and no more. 5 in George v. Ashcroft and establishes That standard bars discrimination The PRESIDING OFFICER. The Sen- that the purpose of section 5’s protec- against a racial group, and it does not ator from Arizona. tion of minority voters is, in the words require discrimination in favor of any Mr. KYL. Mr. President, I think the of the bill’s new subsection (d), to ‘‘pro- racial group. Thus, it does not require point the distinguished assistant ma- tect the ability of such citizens to elect those drawing electoral maps to create jority leader made is very important, their preferred candidates of choice.’’ misshapen districts simply in order to and I am glad there is agreement on It is important to emphasize this lan- create as many majority-minority dis- this important matter. guage does not protect just any district tricts as possible. Nor does it require I also wish to discuss one other of the with a representative who gets elected that minority voters be placed as often bill’s changes to section 5. That is the with some minority votes. Rather, it as possible in districts where can- provision abrogating the Supreme protects only a district in which ‘‘such didates of the party they support will Court’s decision in Georgia v. Ashcroft. citizens’’—minority citizens—are the prevail. That Supreme Court case held that, ones selecting their ‘‘preferred can- The equal protection clause of the when conducting a retrogression anal- didate of choice’’ with their own voting U.S. Constitution does not say all citi- ysis of section 5 under the act, a court power. I emphasize the words ‘‘such zens are equal, but that some are more or the Justice Department should citizens’’ and ‘‘preferred’’ because they equal than others. Nor should the Vot- gauge whether a new electoral map has are key to this part of the bill and keep ing Rights Act say that. The Voting diminished a minority group’s opportu- it consistent with the language abro- Rights Act should not be read to re- nities to participate in the political gating Bossier Parish. Both parts have quire creation of so-called coalition process by looking, in part, to whether a limited but important purpose: pro- districts that produce a Democratic or the new plan creates coalition dis- tecting naturally occurring majority- a Republican representative, as the tricts, or influences districts—that is minority districts. case may be. I think that would raise the term they use—whether it protects The new subsection guarantees that serious constitutional questions if we positions in legislative leadership for districters will not discriminate adopted a free-flowing definition of minority representatives, and whether against creating such districts. And purpose—or authorized the U.S. De- minority representatives support the this new subsection (d) ensures they partment of Justice to invent one— new plan. will not break up such districts, at Many people objected to this aspect that is untethered from the Constitu- least not when neutral districting prin- of the Ashcroft decision because of its tion itself. I think this is sufficiently ciples continue to commend the cre- perceived potential to put a partisan clear from the bill’s incorporation of ation of such a district. thumb on the scale, so to speak, in the constitutional terms of art that I am I note in passing that forcing the redistricting process. Their concern confident this is how the provision will preservation of a noncompact major- was if the fact that a coalition or influ- be applied by the Justice Department ity-minority district likely would run ence district elects a candidate that and by the courts. afoul of the Supreme Court’s ruling minority voters largely voted for, then The PRESIDING OFFICER. The Sen- against racial gerrymanders in Shaw v. even if that candidate was not the mi- ator from Kentucky. nority group’s preferred candidate of Reno. And, like subsection (c), all that Mr. MCCONNELL. Mr. President, I subsection (d) does is protect naturally would simply add there is a general choice, any plan that does not preserve that district would be considered retro- occurring majority-minority districts. agreement among Senators on this By limiting non-retrogression require- point. If someone is saying the bill au- gressive under the Voting Rights Act. Similarly, there was concern that ments to districts in which ‘‘such mi- thorizes the Justice Department to under Ashcroft, if a new voting map nority citizens’’ are able with their block a voting change because of a per- were to give advantage to legislative own vote power to elect ‘‘preferred can- ceived discriminatory purpose that races to one party, and minority rep- didates of choice’’—not just a can- does not violate the Constitution, I resentatives—including committee didate of choice settled for when forced have not heard them say it. Therefore, chairmen and legislative leaders—over- to compromise with other groups—the the bill should not be construed to re- whelmingly were members of the oppo- bill limits section 5 to protecting those quire the creation of any district other site party, then that plan, too, would naturally occurring, compact major- than the majority-minority district be deemed retrogressive for that rea- ity-minority districts with which sec- that would be created if race were not son. tion 5 was originally concerned. considered—that would be created if in- Personally, I do not think the The PRESIDING OFFICER. The Sen- stead only traditional districting prin- Ashcroft decision should be read that ator from Arizona is recognized. ciples were applied. Certainly a con- way. I think it is clear the court in- Mr. KYL. Mr. President, let me just stitutionally grounded approach does tended to give States the option of say one final thing. I very much agree not—does not—require the creation of using influence or coalition districts, with Senator HATCH that the bill limits the maximum number of majority-mi- but it did not intend to require the use section 5, protecting those naturally nority or Democratic or, for that mat- of such districts, or to prevent them occurring, compact majority-minority ter, Republican-leaning districts. from later changing such districts. districts with which section 5 was If those doing the redistricting refuse The PRESIDING OFFICER. The Sen- originally concerned, and that nothing to create a naturally occurring major- ator from Utah. in this section of the act should be in- ity-minority district, they are dis- Mr. HATCH. Mr. President, as one of terpreted to require that the competi- criminating by race. But if they simply the strong supporters of the Voting tive position of the political party fa- refuse to create a district where dif- Rights Act, having supported it before vored by minority voters be main- ferent races combine to elect a can- in my Senate service, I have been very tained or enhanced in any district. didate of their preferred party, the dis- interested and, frankly, pleased with This change made by the bill is not in- crimination is not against the races—it the comments that have been made. tended to preserve or ensure the is hard to see how anyone could dis- Let me add to what Senator KYL said. electability of candidates of any polit- criminate against both races by the Moreover, even if we are wrong about ical party, even if that party’s can- same act—but rather it is against that how George v. Ashcroft would have didates are supported by members of party. And as unhappy as that party been interpreted and applied in the fu- minority groups. might be about being denied such a dis- ture, in any event, today’s bill clearly The PRESIDING OFFICER. The Sen- trict, the denial does not violate the ends any risk that section 5 of the Vot- ator from Kentucky is recognized. Constitution. Obviously, giving the ing Rights Act will be applied as a one- Mr. MCCONNELL. Mr. President, I Justice Department discretion to rede- way ratchet favoring Democrats or Re- agree very much, and I am glad that we fine what ‘‘discriminatory purpose’’ publicans at the expense of one or the can put this issue to bed. means would be controversial. This is other. By anchoring section 5 in the concept consensus legislation precisely because As the House committee report of ‘‘preferred candidates of choice’’— it avoids such litigation traps. It en- makes clear, the bill ‘‘rejects’’ the Su- another term of art whose meaning is

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.051 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7980 CONGRESSIONAL RECORD — SENATE July 20, 2006 cemented in the Supreme Court’s tests. The Senate concluded that these in America. Today, the voter registra- precedents—I think this bill eliminates were not ‘‘isolated deviations from the tion rates among Blacks, for example, any risk that section 5 of the Voting norm’’ but, instead, ‘‘had been pursu- in the covered jurisdictions is over 68.1 Rights Act will be interpreted to pro- ant to a pattern or a practice of racial percent, as this chart indicates, higher tect coalitions and influence districts discrimination.’’ Such practices had than the 62.2 percent found in non- and other tools of purely partisan ger- driven down to 29.3 percent the average covered jurisdictions. rymanders. The term ‘‘preferred can- registration rate for Black citizens in Let me repeat that, Mr. President, didates of choice’’ has a clear meaning these States—29.3 percent. because I think it is important. Ear- in the court’s precedents: Minority Worse yet, violence and brutality lier, you heard me say that as a result candidates elected by a minority com- were common. In 1961, a Black voter of the violence and the discrimination munity. registration drive worker in McComb, against Black voters in three Southern I think the use of this language MS was beaten by a cousin of the sher- States before the Voting Rights Act eliminates the risk that courts will iff; a worker was ordered out of the was passed, voter registration rates for construe section 5 to protect can- registrar’s office at gunpoint and then African Americans was about 29 per- didates who rely on minority votes for hit with a pistol; a Black sympathizer cent. But today, 40 years later, as a re- their margin of victory in the general was murdered by a State representa- sult of the fact that the Voting Rights election but are not elected by a major- tive; another Black who asked for Jus- Act has accomplished its purpose, we ity-minority district. And I agree that tice Department protection to testify now see voting registration rates na- it may be good policy for a State to at the inquest was beaten and killed 3 tionwide at 62.2 percent. Perhaps the create districts in which different years later; a White activist’s eye was most amazing thing is that the rate of groups will combine to elect a common gouged out; and, finally, 12 student voter registration in those areas that party candidate, but Federal law nonviolent coordinating committee were covered by section 5, because they should not be used to require that the workers and local supporters were had a history of discrimination and State permanently preserve such a dis- fined and sentenced to substantial violation of the voting rights of minor- trict. terms in jail. And those were just some ity voters, is actually higher than the The PRESIDING OFFICER (Mr. of the many terrible incidents that oc- rest of the country—68.1 percent—as VITTER). The Senator from Texas is curred. opposed to 62.2 percent for the non- recognized. This type of bigotry and hatred at covered jurisdictions. Mr. CORNYN. Mr. President, I would the polls, coupled with escalating vio- A review of the voter registration simply add to the comments of the as- lence and even the murder of activists, data since the act’s original passage sistant majority leader that I, too, am is the backdrop against which the Vot- shows that the covered jurisdictions glad that we have eliminated any risk ing Rights Act was adopted—perma- have demonstrated equal or higher in Georgia v. Ashcroft, and section 5 nently enshrining into law the long- voter registration rates among Black would be applied to require preserva- unfulfilled promise of citizenship and voters as noncovered jurisdictions tion of anything other than districts democratic participation for all Ameri- since the mid-1970s. that allow naturally occurring minor- cans as guaranteed by the 15th amend- I realize, though, this is not the only ity-group majorities to elect minority ment to the U.S. Constitution. measure of the performance of the act. candidates. Locking into place so- The permanence of the Voting Rights Another important indicator of its suc- called coalition or influence districts Act is something that I am afraid is cess is the continual decline—almost to would wreak havoc with the redis- sometimes misunderstood or misstated the point of statistically negligible tricting process and would stretch the in the popular press. The act’s core numbers—of objections issued by the Voting Rights Act beyond the scope of provision found that section 2 prohibits Department of Justice to plans sub- the Congress’s authority under the 14th the denial or abridgement of the right mitted under section 5 for pre clear- amendment. of any citizen to vote on account of ance. You can see on this chart that I Mr. CORNYN. Mr. President, I have race or color. have demonstrated here, going back to some additional remarks that I would That provision is permanent. That 1982, to 2005—and again, this is for the like to make on this important legisla- provision will never expire, and we are nine covered jurisdictions—this is what tion. not addressing this permanent provi- we are focusing on with this reauthor- Forty-one years ago, when signing sion by the reauthorization that we ization. In those nine covered jurisdic- the landmark Voting Rights Act of 1965 will vote on today. tions that were required under section into law, Lyndon Johnson, the Presi- Instead, we are addressing what at 5 to submit their election changes for dent of the United States, a former the time was a temporary, 5-year pe- preclearance, you see that in 1982, for member of the Senate whose seat I am riod where provisions were adopted to 2,848 submissions, there were 67 objec- privileged to hold, described the act’s subject certain jurisdictions to Federal tions to those changes or a rate of passage as ‘‘a triumph for freedom as oversight of the voting laws and proce- roughly 2.32 percent. But if you jump huge as any victory that has ever been dures until the intent of the Voting down to 2005—let’s go to 1995—it shows won on any battlefield.’’ President Rights Act was accomplished. This pro- that this is really a bipartisan success Johnson’s words captured the impor- vision, section 5, along with later- under both Republican and Democrat tance of the act’s passage. It was a added provisions designed to protect Presidential administrations. In 1995, hard-fought victory at a tense time in voters from discrimination based upon you can see that out of 3,999 submis- American history. limited English proficiency, has been sions, requests for pre clearance under It is no secret why the Voting Rights renewed several times since it was section 5, there were only 19 objections Act was necessary. It was adopted at originally passed and will expire in the as required through the required proce- the height of the civil rights move- summer of 2007. Those are the provi- dures. ment, when numerous jurisdictions sions which we are addressing here So you see actually the number of throughout the United States had in- today and which this vote today will objections dropping from 2.32 percent tentionally, systematically reauthorize. to, in 1995, under one-half of 1 percent. disenfranchised Blacks and other mi- Today, we are considering the re- And the good news is, it just keeps get- norities from the electoral process. newal of these provisions at a time ting better. In 2005, there were 3,811 As a witness before the Senate Judi- when we can look back with some pride submissions, and only 1 objection for ciary Committee noted, a Senate re- as a country and say that the Voting preclearance of a change in voting port from 1965 found that in every vot- Rights Act has fulfilled its promise. It practices or procedures in the covered ing discrimination suit brought against worked. jurisdictions. So I would submit that Alabama, Louisiana, and Mississippi, Today, we live in a different—albeit both the voter registration rates for both the district court and the Court of still imperfect—world. Today, no one African American voters in the covered Appeals found ‘‘discriminatory use of can claim that the kind of systemic, jurisdictions, and the plummeting, tests and devices’’—devices such as lit- invidious practices that plagued our really, of objections sustained to sub- eracy, knowledge, and moral character election systems 40 years ago still exist missions requesting preclearance under

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The amendment that was was a bit of a foregone conclusion, pro- Rights Act has achieved—largely voted on in the House, for example, hibiting the kind of debate and discus- achieved—the purposes that Congress would have updated the coverage trig- sion and perhaps amendment process had hoped for and that no doubt mil- ger to the most recent three Presi- that might have been helpful to protect lions of people who had previously been dential elections from the current the act against future legal challenges. disenfranchised had prayed for. point, or trigger, of 1964, 1968, and 1972 Few issues are as fundamental to our The evidence demonstrates the con- elections. system of democracy and the promise tinued improvement of access to office As I understand it, the map, after an of equal justice under law as the Vot- for minorities. The statistics in the update to cover the most recent three ing Rights Act. I support reauthoriza- House record indicate that hundreds of Presidential elections, would look tion of the expiring provisions because minorities are now serving—not just something like this. In other words, the purpose of the Voting Rights Act is getting to vote, they are actually serv- rather than the nine covered jurisdic- genuine, its goals are noble, and its ing in elected office, accomplishing tions, you would see jurisdictions success, as I hope to have dem- again one of the important purposes of around the country, both at the State onstrated, is unparalleled. the Voting Rights Act. Indeed, in Geor- and local level—primarily at the local But I do want to say in conclusion gia, minorities are elected at rates pro- level—that would focus on the places that I share the concerns expressed by portionate to or higher than the num- where the problems really do exist and Chief Justice Roberts in the most re- bers proportionate to the general popu- where the record demonstrates with cent redistricting case that has been lation would otherwise indicate. While some justification for the assertion of heard by the U.S. Supreme Court. I Georgia’s population is 28.7 percent Af- Federal power and intrusion into the hope the day will come when we will no rican American, 30.7 percent of its dele- local and State electoral processes. longer, to use his words, be ‘‘divvying gation to the United States House of If this is an accurate reflection of the us up by race.’’ Representatives, and 26.5 percent of the effects of updating the trigger to the It is my sincere hope that we will officials elected statewide are African most recent three Presidential elec- move beyond distinctions based on race American, a remarkable accomplish- tions, it certainly changes the map. in our policymaking, lest we, in the ment. But I suggest, just looking at this, it words of Justice Anthony Kennedy, Black candidates in Mississippi have hardly guts it. make ‘‘the offensive and demeaning as- achieved similar success. The State’s It would have also been beneficial for sumption that voters of a particular population is 36.3 percent African us to have had a full discussion of ways race, because of their race, think alike, American, and 29.5 percent of its rep- to improve the act to ensure its impor- share the same political interests, and resentatives in the State House, and 25 tant provisions were applied in a con- will prefer the same candidates at the percent of its delegation in the United gruent and proportional way, some- polls. The question in the end is, Is this bill States House of Representatives are thing the Supreme Court will take into that we will vote on today the very African American. consideration when it considers the re- best possible product? In light of this strong indication that newed act. I would have to say the answer to the act has largely achieved the pur- Yesterday, the Senate Judiciary poses that Congress had intended, of that is, apparently not. Committee voted overwhelmingly to In response to the question, is this course, the logical question before us is extend the expiring provisions of the the very best that we can do at this whether these provisions under section act and adopt several substantial revi- time?’’ I would have to conclude, yes, 5 should be reauthorized. The Judiciary sions included by the House, so I think it is. And I support it for that reason. Committee hearings were enlightening it is important to comment on the I see my distinguished colleague on this point, and I want to congratu- House revisions to the act. In other from New York on the Senate floor. late Chairman SPECTER for readily words, we are not just reauthorizing I yield the floor to her and anyone ceding to requests that were made to the Voting Rights Act as it existed pre- else who seeks an opportunity to have a complete record so that not viously, there have been changes made. speak. only Congress but the courts that may So I think it is important for us to The PRESIDING OFFICER. The Sen- later examine this record can see what identify those changes and reflect on ator from New York is recognized. the facts are. Senator SPECTER worked them for a moment. Mrs. CLINTON. Mr. President, I am hard to hold a sufficient number of fair There has been some debate about also here to voice my support for the and balanced hearings, but given our the meaning of these provisions. My Fannie Lou Hamer, Rosa Parks, and busy schedule on the Senate floor, that understanding is that the purpose of Coretta Scott King Voting Rights Act was not always easy to accomplish. these provisions is fairly straight- Reauthorization and Amendments Act However, I think it might have been forward, and I think the House legisla- of 2006. It is so fitting that this legisla- beneficial for the long-term viability tive history reflects this; that is, the tion reauthorizing this landmark Civil and success of the Voting Rights Act purpose is to ensure minorities are not Rights Act would be named for three had we engaged in serious, reasoned de- prevented from holding elected offices women who are so well known as hero- liberation over some of the suggested in bodies such as Congress and ensure ines of the struggle for civil rights in possible improvements, some suggested that no intentional, unconstitutional our own country. by our witnesses—improvements that discrimination is allowed to proceed. It Thousands of Americans risked their would underscore the act’s original is important that our understanding lives, and some unfortunately lost purpose. It would modernize it to re- about these provisions be clear so that them, during the civil rights movement flect today’s reality. It would possibly their application will be likewise clear. to challenge an electoral system that expand the coverage of section 5 to ju- I think the colloquy that we had on prevented millions of our fellow citi- risdictions where recent abuses have the Senate floor just a few moments zens from exercising their constitu- taken place or, perhaps, have improved ago helps to make that as clear as we tional right to vote. the so-called bailout procedures for possibly can. After a long struggle by activists and those jurisdictions that had a success- In short, the Voting Rights Act is everyday citizens, President Johnson ful record of remedying, indeed elimi- simply the most important and most introduced and eventually signed the nating, discrimination when it comes effective civil rights legislation ever Voting Rights Act of 1965 into law. to voting rights. passed, bar none. The extension of the I vividly remember the day, 41 years One idea that was offered was to up- expiring provisions is important for the ago, when I sat in front of our little date the coverage formula. I don’t continued protection of voting rights, black and white television set and know if that is a good idea, but I would even though it would have been pref- watched President Johnson announce like to know. Some suggest that such erable and even possibly constitu- the signing into law of the Voting an update would gut the act. I, for one, tionally advisable for us to review the Rights Act. He opened his speech to the certainly don’t want to see that hap- application of the act’s preclearance Nation that night with these memo- pen. I don’t want to see the act gutted. and other provisions. rable words:

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.035 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7982 CONGRESSIONAL RECORD — SENATE July 20, 2006 I speak tonight for the dignity of man and rights of citizenship if this assistance That has resulted in a failure to en- the destiny of democracy. were not available to help them under- force the Voting Rights Act. There are That was the culmination of a long stand what is on a ballot. lots of examples. Look at the news cov- struggle which continues even now be- Sometimes, even though I speak erage this past December: Six career cause we still must work vigilantly to English, I think I need help under- lawyers and two analysts in the De- make certain that those who try to standing what is on some of our ballots partment of Justice’s civil rights divi- vote are allowed to do so, and that we when we have all kinds of bond issues sion, it was reported, were basically keep watch to guarantee that every and other kinds of activity. Imagine if overruled when they made rec- vote is counted. you are, as are some of the people I ommendations about the Texas redis- President Johnson was right all have met, a legal immigrant from tricting plan. The civil rights division those years ago. When you deny a per- Latin America who is so proud to be a officials were overruled when they rec- son his or her right to vote, you strip citizen and so worried she will make a ommended against Georgia’s voter that individual of dignity and you mistake when she first goes to vote, or photo ID requirement which disadvan- weaken our democracy. The endurance an elderly gentleman who came to this taged African Americans, the elderly, of our democracy requires constant country fleeing oppression in the and other voters. Finally, that law was vigilance, a lesson that has been rein- former Soviet Union, who speaks only enjoined by a Federal court. forced by the last two Presidential Russian but has become a citizen, is These are isolated incidents in some elections, both of which were affected learning English and wants to be able people’s minds, but I see, unfortu- by widespread allegations of voter dis- to understand what he is voting for. At nately, a pattern. We need to make enfranchisement. a time when we are embroiled in a de- sure our laws have teeth; otherwise, I believe we have a moral as well as bate about how best to assimilate im- they are just for show, they do not a political and historical obligation to migrants and to send out the message make any difference at all. Unfortu- ensure the integrity of our voting proc- that we want people in our country to nately, almost two-thirds of the law- ess. That was our Nation’s obligation learn English, to participate as citi- yers in the voting section of the civil in 1965; it remains our obligation zens, we don’t want to set up any arti- rights division have left in the last few today. ficial barriers to them feeling totally years. That sends a very disconcerting As we turn on our news and see the involved in and supportive of and wel- message that maybe the Voting Rights sights of conflict, as we hear the sto- comed by our great democracy. Act will be honored by word but not by ries of sectarian violence, as we strug- These expiring sections of the Voting deed. gle to help nations understand and Rights Act, sections 5, 203, 6 through 9, I hope when we reauthorize it, as I adopt democracy in their own lands, we have all been reauthorized—first in the am confident we will do in the Senate, more than ever must ensure that House, then in the Judiciary Com- we will send a message that we expect America is the place where the right to mittee yesterday here in the Senate. I it to be enforced and that it means vote is fully and equally available to am very pleased that has happened be- something; otherwise, we are not going every citizen. cause I think we still need them. to be fulfilling the promise of a Con- We still have work to do, to renew Of course, we have made so much stitution that sets voting and democ- protections for the right to vote, to en- progress. I am very proud of the racy at its core. I hope we will not only force safeguards that guarantee the progress our Nation has made, when reauthorize the Voting Rights Act, right to vote, and strengthen our elec- you go back and look over more than that we will enforce the Voting Rights tion laws so that our right to vote is 200 years of history, what we have ac- Act and, third, we will change some of not impeded by accident or abuse. complished—it is just a miraculous, our other laws to protect against some While parts of the Voting Rights Act wonderful happening that could only of the abuses now taking place around are permanent, there are three impor- occur in this great country of ours the country when it comes to voting. tant sections set to expire next year where we have steadily and surely We have to strengthen our electoral unless they are renewed. knocked down the barriers to partici- system so that basic democratic values Section 5 of the Voting Rights Act pation. are protected as voting technology requires that the Federal Government But are we perfect? Of course not. evolves and as it threatens to under- or a Federal court approve or, in the There is no such thing as perfection on mine the right to vote. We need to put language of the act, ‘‘preclear’’ all this Earth. We have survived as a na- a few simple principles into law and we changes to voting procedures by juris- tion and as the oldest democracy in should do it sooner rather than later so dictions that have a history of dis- part because we have had checks and that we count every vote and we make crimination. The importance of this balances and we have been under the sure every vote is counted. provision cannot be overstated. Section rule of law, not of men. So this reau- That is why I drafted and introduced, 5 is the bulwark. It stands to ensure thorization is critical to making sure along with some of my colleagues in that all minorities have equal access to we still have the framework to make it both Houses, the Count Every Vote the ballot box. Not only has Section 5 possible for every person to believe Act, because I believe all Americans been used to strike down potentially that he or she can vote, and that vote ought to have a reasonable opportunity discriminatory changes to election will matter. Of course, the Voting to register and cast their vote if they laws, but it has also deterred them. Rights Act only works if it is actually are citizens. That should be part of Equally important is the reauthor- enforced. We can have all the laws in being a citizen. ization of sections 6 through 9, which the world. We have seen in so many au- In fact, I met with a group of young authorize the Federal Government to thoritarian regimes, totalitarian re- high school students from New York. send examiners and observers to juris- gimes, where they have great sounding We were talking about how we can get dictions with a history of voter dis- laws. The laws sound as though they more young people involved in voting. crimination and voter intimidation, are next to paradise, but it does not One of them asked, when we turn 18, and to ensure that by the presence of matter because no one enforces the why aren’t we automatically reg- the Federal Government—which rep- laws. istered? That is a great idea. Citizens resents all of us—no one will engage in Unfortunately, I am worried we may should be automatically registered. We such despicable behavior. be at that point in our own country need to make this part of the growing Finally, section 203 of the Voting when it comes to voting rights. The up in America. You turn 18, you get Rights Act requires bilingual assist- civil rights division at the Department registered to vote, beginning a lifetime ance for areas with a concentration of of Justice has been purged by many of habit of voting. citizens with limited English pro- the people, career lawyers who en- We also need to make sure every ficiency, including bilingual ballots, if forced the law regardless of whether it American citizen will be able to count necessary. Voters with limited English was against Democrats or Republicans on the fact that their name will not be proficiency would in many instances be or in any part of the country. Now it is illegally purged from the voter roles. unable to participate in our political filled with political appointees who We have seen that happen. It is still process and to fully exercise their often choose ideology over evidence. happening. What happens is, someone

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.037 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7983 in the political position of a State presentations. We need to strengthen pared to 48 percent. The number of says, we will purge the voter roles to those voting rights protections. We Black elected officials in Georgia has get rid of people who have moved or need to do that because that is what we climbed steadily, from 30 in 1970 to 249 who may not be eligible to vote. I don’t are as Americans. That is what we ex- in 1980, a 730-percent increase, to 582 in disagree with that. People who don’t pect of ourselves. 2000. live in a jurisdiction or are not eligible I hope after we reauthorize the Vot- Let me talk about my home county should not be permitted to vote. ing Rights Act, which I am confident which is in rural Georgia, the very Instead of purging on that very lim- we are going to do, then we turn our southern part of our State. Our com- ited basis, oftentimes they purge hun- attention to making sure we enforce it, munity is a beneficiary of this Voting dreds and thousands of people unfairly, that we are doing everything we can to Rights Act. Over the years, several unlawfully. Someone shows up to vote encourage people to vote, make it easy members of our Black community have and they are told, we are sorry, you are for them to vote, and make sure that been elected to city council, county not registered to vote. The person does every vote counts. commission, and school board posts. not know what has happened, but they Our ideals are important to us as Men and women such as Wesley Ball, are prohibited from voting. Americans. Our principles about who Frank Wilson, Lamont Alderman, Every American voter who shows up we are, what we believe in, our core Justina Lewis, George Walker, Trudy at the polls should be confident they do values as to what it means to be an Hill, Betty Hagin, Luke Strong, Jr., not have to wait hours to cast ballots. American. I hope and trust when it the Rev. Ronald Wilson, Debra Boyd, I did a town hall meeting in Cleveland comes to the most important function and Stine George. All of these out- with my friend Congresswoman STEPH- in a democracy—namely, running elec- standing men and women have been ANIE TUBBS JONES. We heard testimony tions and giving people the right to very professional public servants in from some students from Kenyon Col- make decisions about who governs us— representing our school board, our city, lege who had to wait for 10 and 12 hours that we will be second to none. We can- as well as our county. to be able to vote. They were eligible, not say that now because other coun- I am very proud to live in a city and they were registered, they were anx- tries, frankly, are doing a better job county that has had individuals such as ious to vote, and because of the way than we are, but today is a good first these as its representatives. the number of voting machines was al- step to get us back on the track of Currently, there are nine statewide located and the discouragement that making sure that the world’s oldest de- Black elected officials in Georgia, most was meant to be sent that you would mocracy demonstrates clearly we know of whom, interestingly enough, de- have to wait so long, it was an unfair how to run elections that people have feated White opponents, including the treatment of these young people and confidence and trust in and that we current attorney general, three State not in keeping with our desire to in- want every single citizen to feel wel- supreme court justices, including the crease the number of people who vote come to participate and to make the chief justice, and the State labor com- in our country. decisions that will determine the fu- missioner. We also need to make sure the sys- ture of our country. Today, 4 of Georgia’s 13 Members of tem of voting has not been com- I yield the floor. the U.S. House are Black, two of whom promised by politics or partisanship. It The PRESIDING OFFICER. The Sen- represent majority White districts. is flat wrong for someone who runs an ator from Georgia is recognized. One of the continuing concerns about election to also be running in the elec- Mr. CHAMBLISS. Mr. President, I the bill as currently written is it man- tion and thereby be supervising their rise in support of a bill to extend the dates that Georgia continues to be a own election, or for someone to be run- expiring provisions of the 1965 Voting ‘‘covered jurisdiction.’’ That designa- ning for election to some position, get Rights Act. While I support this bill, I tion requires any election law change, the support of the person running the continue to have some serious concerns no matter how minor, to be precleared election as his campaign manager or with several aspects of it, not the least by a Federal bureaucracy. Other States spokesman. That is a conflict of inter- of which is the extension for an ex- with much less impressive minority est. That ought to be prohibited. Peo- traordinary 25 years. progress and less impressive minority ple need to feel, and they have every The act, originally passed in 1965, participation are not covered, while right to feel, confidence in the integ- was unquestionably needed to bring the Georgia is. Many of us share the view rity of our electoral system. promise of the Constitution to many of Finally, every American voter should our citizens who had been shut out of that this seems both unfair and unwise. know there are adequate safeguards our national political process. The Only a short while ago my colleague against abuses or mistakes caused by original act, a remedial measure to from Illinois acknowledged that voting the new computerized voting machines. deal with past discrimination, provided discrimination occurs in noncovered There have been so many problems. that certain provisions would sunset States, yet he and others leave They have broken down, they have after 5 years. I have grave concerns unaddressed the issue of whether the double counted, they have failed to that a 25-year extension may well, by formula adopted in 1964 should be mod- count, tests have been run showing how itself, doom the act in a future con- ernized to reflect the reality of 2006, so easy they are to hack into. We do not stitutional challenge, given the Su- that appropriate discrimination can be need that. We need a system people can preme Court’s jurisprudence con- dealt with wherever it exists. count on. If we can go to an ATM and cerning the need for narrowly tailored Despite these concerns, I will vote in withdraw money, if we can have all the remedial measures to deal with past favor of this bill. It is a symbol of other advantages from access to com- discrimination. progress to so many of our citizens and puters and the Internet, for goodness Members of the House raised legiti- it has made a difference in the lives of sakes, we ought to be able to use elec- mate concerns last week and advanced a generation of Georgians, Black and tronic voting without raising questions positive amendments which I believe White. about whether it is being truthful, would have strengthened this bill and I urge my colleagues to join me in whether it is being accurate, and updated it to reflect the reality of pro- support. whether it is even being operated cor- foundly improved race relations which I yield the remainder of my time. rectly. exist today in my home State of Geor- The PRESIDING OFFICER. The Sen- This effort to reauthorize the Voting gia. ator from Oregon is recognized. Rights Act is part of a larger struggle Let me talk about the positive Mr. WYDEN. Mr. President, I ask about basic rights, basic values, and progress. Today, a higher percentage of unanimous consent to proceed for up to basic opportunities. It is, at root, a Black citizens in Georgia are reg- 20 minutes after the distinguished Sen- struggle to ensure that we live up to istered to vote than are White citizens: ator from Illinois. the promise of democracy in this Na- 66 percent compared to 59 percent. The PRESIDING OFFICER. Is there tion. We do need to reinstate the dec- Today, a higher percentage of Black objection? ades-old voting rights protections. We citizens in Georgia turn out the vote Mr. WYDEN. Mr. President, I modify need to enforce those voting rights than do White citizens: 51 percent com- my request and ask unanimous consent

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.039 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7984 CONGRESSIONAL RECORD — SENATE July 20, 2006 that after Senator OBAMA speaks, and Rights Act—States such as Mississippi, But let’s remember, you cannot re- after a Republican has spoken after Alabama, Louisiana, and Georgia. quest language assistance if you are Senator OBAMA, that I could be recog- But to me, the most striking evi- not a voter. You cannot be a voter if nized for up to 20 minutes at that time. dence of our progress can be found you are not a citizen. And while voters, The PRESIDING OFFICER. Is there right across this building in my dear as citizens, must be proficient in objection to the revised unanimous friend Congressman JOHN LEWIS, who English, many are simply more con- consent request? was on the front lines of the civil fident that they can cast ballots print- Mr. CHAMBLISS. Mr. President, re- rights movement, risking life and limb ed in their native languages without serving the right to object. for freedom. On March 7, 1965, he led making errors. It is not an unreason- The PRESIDING OFFICER. The Sen- 600 peaceful protesters, demanding the able assumption. ator from Georgia is recognized. right to vote, across the Edmund A representative of the Southwestern Mr. CHAMBLISS. I will not object, Pettus Bridge in Selma, AL. I have Voter Registration Project is quoted as but I say to the Senator from Oregon, often thought about the people on the saying: if we could have the Senator from Illi- Edmund Pettus Bridge that day, not Citizens who prefer Spanish registration nois proceed, then the Senator from only JOHN LEWIS and Hosea Williams, cards do so because they feel more connected South Carolina, Mr. GRAHAM, proceed, who led the march, but the hundreds of to the process; they also feel they trust the and then the Senator from Oregon. everyday Americans who left their process more when they understand it. Mr. WYDEN. Mr. President, that is homes and their churches to join it— These sentiments—connection to and exactly the kind of scenario I envi- Blacks and Whites, teenagers, children, trust in our democratic process—are sioned, and I appreciate that from the teachers, bankers, shopkeepers; what exactly what we want from our voting Senator from Georgia, and renew my Dr. King called a beloved community rights legislation. unanimous consent request. of God’s children ready to stand for Our challenges, of course, do not end The PRESIDING OFFICER. Is there freedom. at reauthorizing the Voting Rights objection? I wonder sometimes: Where did they Act. We have to prevent the problems Without objection, it is so ordered. find that kind of courage? When you we have seen in recent elections from The Senator from Illinois is recog- are facing row after row of State troop- happening again. We have seen polit- nized. ers on horseback, armed with billy ical operatives purge voters from reg- Mr. OBAMA. Thank you, Mr. Presi- clubs and tear gas—when they are com- istration rolls for no legitimate reason, dent. ing toward you spewing hatred and vio- prevent eligible ex-felons from casting Mr. President, I rise today both hum- lence—how do you simply stop, kneel ballots, distribute polling equipment bled and honored by the opportunity to down, and pray to the Lord for salva- unevenly and deceive voters about the express my support for renewal of the tion? time, location, and rules of elections. expiring provisions of the Voting But the most amazing thing of all is Unfortunately, these efforts have been Rights Act of 1965. I thank the many that after that day, after JOHN LEWIS directed primarily at minority voters, people inside and outside Congress who was beaten within an inch of his life, the disabled, low-income individuals, have worked so hard over the past year after people’s heads were gashed open and other historically disenfranchised to get us here. We owe a great debt of and their eyes were burned, and they groups. The Help America Vote Act, or gratitude to the leadership on both watched their children’s innocence lit- HAVA, was a big step in the right di- sides of the aisle. We owe special erally beaten out of them—after all rection. But we have to do more. We thanks to Chairmen SENSENBRENNER that, they went back and marched need to fully fund HAVA if we are and SPECTER, Ranking Members CON- again. They marched again. They crossed the bridge. They awakened a going to move forward in the next YERS and LEAHY, and Representative nation’s conscience, and not 5 months stage of securing the right to vote for MEL WATT. Without their hard work every citizen. We need to enforce crit- and dedication, and the support of vot- later the Voting Rights Act of 1965 was ical requirements such as statewide ing rights advocates across the coun- signed into law. It was reauthorized in registration databases. We need to try, I doubt this bill would have come 1970, in 1975, and in 1982. Now, in 2006, JOHN LEWIS—the phys- make sure polling equipment is distrib- before us so soon. ical scars of those marches still visi- uted equitably and equipment actually I thank both Chambers and both ble—is an original cosponsor of the works. We need to work on getting sides of the aisle, as well, for getting fourth reauthorization of the Voting more people to the polls on election this done with the same broad support Rights Act. He was joined last week by day. that drove the original act 40 years 389 of his House colleagues in voting We need to make sure that minority ago. At a time when Americans are for its passage. voters are not the subject of some de- frustrated with the partisan bickering There were some in the House, and plorable intimidation tactics when that too often stalls our work, the re- there may be some in the Senate, who they do go to the polls. In 2004, Native freshing display of bipartisanship we argue that the act is no longer needed, American voters in South Dakota were are seeing today reflects our collective that the protections of section 5’s confronted by men posing as law en- belief in the success of the act and re- ‘‘preclearance’’ requirement—a re- forcement. These hired intimidators minds us of how effective we can be quirement that ensures certain States joked about jail time for ballot when we work together. are upholding the right to vote—are missteps and followed voters to their Nobody can deny we have come a targeting the wrong States. Unfortu- cars to record their license plates. long way since 1965. Look at the reg- nately, the evidence refutes that no- In Lake County, OH, some voters re- istration numbers. Only 2 years after tion. ceived a memo on bogus board of elec- the passage of the original act, reg- Of the 1,100 objections issued by the tion letterhead, informing voters who istration numbers for minority voters Department of Justice since 1965, 56 registered through Democratic and in some States doubled. Soon after, not percent occurred since the last reau- NAACP drives that they could not a single State covered by the Voting thorization in 1982. Over half have oc- vote. Rights Act had registered less than curred since 1982. So despite the In Wisconsin, a flier purporting to be half of its minority voting-age popu- progress these States have made in up- from the ‘‘Milwaukee Black Voters lation. holding the right to vote, it is clear League’’ was circulated in predomi- Look at the influence of African- that problems still exist. nantly African-American neighbor- American elected officials at every sin- There are others who have argued we hoods with the following message: gle level of government. There are Af- should not renew section 203’s protec- If you’ve already voted in any election this rican-American Members of Congress. tion of language minorities. These ar- year, you can’t vote in the presidential elec- Since 2001, our Nation’s top diplomat guments have been tied to debates over tion. If you violate any of these laws, you has been African American. In fact, immigration and they tend to muddle a can get ten years in prison and your children most of America’s elected African- noncontroversial issue—protecting the will get taken away from you. American officials come from States right to vote—with one of today’s most Now, think about that. We have a lot covered by section 5 of the Voting contentious debates. more work to do. This occasion is a

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As you look back from The memory of Selma still lives on It has enriched the country. I have 2006 over the history of the Voting in the spirit of the Voting Rights Act. been able to interact with people in Rights Act, there is nothing to fear. Since that day, the Voting Rights Act ways that would have been impossible Allowing Americans to fully partici- has been a critical tool in ensuring if segregation had stood and, as Sen- pate in a democracy has been a wonder- that all Americans not only have the ator OBAMA indicated, his career in the ful thing. Allowing people to go to the right to vote but have the right to have Senate is possible. I would argue that movie they went to go to and go to the their vote counted. most Americans’ lives are better be- restaurant they want to eat at and Those of us concerned about pro- cause in America you can interact in a play on the same sports teams as every tecting those rights cannot afford to meaningful way now. And one of the other person in their neighborhood, re- rest on our laurels upon reauthoriza- interactions is to be able to vote. gardless of race, creed, or color, is a tion of this bill. We need to take ad- But it is just a voice I add. To get wonderful thing. At the time it was a vantage of this rare, united front and here, literally, to get the Voting frightful thing. continue to fight to ensure unimpeded Rights Act passed back in the 1960s, That says nothing about this genera- access to the polls for all Americans. In people died. They shed their blood, tion being good and the last generation other words, we need to take the spirit their sweat. They put their hopes and being evil. It speaks to the weakness of that existed on that bridge, and we dreams for their children on the line. humanity. Within all of us there is a have to spread it across this country. They were willing to die for their in- fear that can be tapped into. We have Two weeks after the first march was sistence that they play a meaningful to guard against that. We have to be on turned back, Dr. King spoke, and he role in American society. And the most constant guard not to let the issues of told a gathering of organizers and ac- meaningful way you can participate is our day play on our fears. tivists and community members that to be able to vote without fear. I argue that one of those issues we they should not despair because the arc Dr. King is a fascinating historical are dealing with today that is playing of the moral universe is long, but it figure now. He was a fascinating man on the fears of the past and the weak- bends toward justice. The arc of the while he lived. I have been in the mili- nesses of humanity is the immigration moral universe is long, but it bends to- tary for quite a while. I have been issue. I hope as we move forward on the ward justice. That is because of the around a lot of brave people—pilots immigration issue, we can understand work that each of us does that it bends who take off and fly in harm’s way. I that obeying the law is an essential toward justice. It is because of people sort of have an affinity for military part of America, and people need to be such as JOHN LEWIS and Fannie Lou history. I always admired the people punished when they break it. But Hamer and Coretta Scott King and who would go up the hill in the face of America’s strength has been absorbing Rosa Parks—all the giants upon whose overwhelming force or stand with their people from all over the world, from shoulders we stand—that we are bene- comrades when it looked as though all different backgrounds, races, and ficiaries of that arc bending toward hope was lost because that was the creeds, and allowing them to share in justice. right thing to do. the American dream. We should do it That is why I stand here today. I They were willing to sacrifice their in an orderly way, not a chaotic way. would not be in the Senate had it not life not only for their country but for To the issue at hand, the Voting been for the efforts and courage of so their fellow service members, the peo- Rights Act will be extended. I believe it many parents and grandparents and or- ple in their unit. How hard that must is for 25 years. Some of the data in the dinary people who were willing to have been. Some people rise to the oc- act is based on 1968, 1972 turnout mod- reach up and bend that arc in the direc- casion and some don’t. Those who rise els. The act does not recognize the tion of justice. I hope we continue to to the occasion are called heroes, right- progress particularly in my region of see that spirit live on not just during ly so. Those who fail to rise to the oc- the country. I think it should have, but this debate but throughout all our casion are called human beings. it didn’t. So we will just move on. work here in the Senate. All human beings, me included, South Carolina has made great Thank you, Mr. President. I yield the should celebrate the heroes. The thing strides forward in terms of African floor. that I admire most about Dr. King and American voting participation and mi- The PRESIDING OFFICER. The Sen- his associates is that it is one thing to nority African American representa- ator from South Carolina is recognized. put your own life at risk. It is another tion at all levels of State government Mr. GRAHAM. Thank you, Mr. Presi- thing to put your family at risk. I and local government. My State is bet- dent. would imagine, never having met Dr. ter for that. I am proud of the progress I wish to take a few moments to add King, that one of his biggest fears was that has been made. To those who my voice to the Senate debate in terms not about his personal safety but about made it happen, those who risked their of why I will vote for the Voting Rights what might happen to his family. To blood, sweat and tears, I owe you a Act reauthorization. me that is the ultimate act of bravery, debt, as everyone of my generation No. 1, I am a member of the Judici- to know that if you do nothing, your does. When I cast my vote today, it ary Committee, and I wish to congratu- family is going to be locked into a sys- will be in your honor and your mem- late our chairman, Senator SPECTER, tem where life is very meaningless. ory. and our ranking member, Senator And to do something so heroic and so I hope 25 years from now it can be LEAHY, for getting the bill out of com- challenging that you put your family said that there will be no need for the mittee. It was an 18-to-0 vote. I have at risk had to be a very hard decision. Voting Rights Act because things have enjoyed that committee in many ways, So as we reauthorize the Voting changed for the better. I can’t read the and one of the highlights of my time on Rights Act, we need to remember, all future or predict what the world will be that committee is getting this piece of of us who vote, that it is not that big like 25 years from now or what Amer- legislation to the floor for a vote. I an- a deal. There is no one in the Senate. ica will be like. But if we keep making ticipate an overwhelming vote for the Hardly anyone is listening. We have the progress we have in the last 25 Voting Rights Acts. some visitors here in the Capitol. It is years, it can happen. There are so many ways to say why, going to pass pretty quickly. Every- It is incumbent upon each Member of and so many approaches to explain the body knows the outcome. In the 1960s, this body—regardless of political dif- continued need. But the best I can say, people did not know the outcome. I ferences, party affiliation, or personal in terms of my voice being added to the argue that the fact we reauthorized background—to try to bring out the

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Before suspension of new voting regulations jected the desire to play on fears and the Voting Rights Act, Alabama had pending preclearance was an extraor- prejudices and risked their personal fewer than a dozen Black elected offi- dinary departure from the traditional safety, I hope this generation of polit- cials. As of 2001, the most recent fig- course of relations between the States ical leaders that I am now a part of ures available, Alabama had over 750 and the Federal Government,’’ but will live up to the ideals demonstrated African-American office holders—sec- ‘‘held it constitutional as a permitted by Americans in the past who were ond only to Mississippi. These elected congressional response to the brave, who risked it all for the common officials include a U.S. Congressman, 8 unremitting attempts by some state good. State senators, 27 members of the and local officials to frustrate their I will close with this thought: As State House of Representatives, 46 citizens’ equal enjoyment of the right Senator OBAMA said, if we can embrace mayors, 80 members of county commis- to vote.’’ In other words, the the spirit that led to the Voting Rights sions, school board members, town preclearance requirement was an ex- Act—a sense of fair play, fair treat- council members and the like. traordinary response to an extraor- ment—and apply it to other areas and Voter registration rates for Blacks dinary problem—unrelenting efforts by other issues facing our Nation, we will and Whites in Alabama are now vir- some State and local officials to con- be much stronger. It is with that sense tually identical. In fact, in the last trive new rules for voting and elections of purpose and hope that I will vote to Presidential election, according to the after each defeat in Federal court. reauthorize the Voting Rights Act. Census Bureau, a larger percentage of During the reauthorization process, To my fellow South Carolinians, you African Americans voted than Whites we have been presented relatively little have come a long way. You have much in the State of Alabama. Now, that was present-day evidence of continued to be proud of. But we, like every other the goal of the act—to have this kind ‘‘unremitting attempts by some state part of this country, still have a long of progress occur. In fact, over the past and local officials to frustrate their way to go. 15 years, Alabama has not had a single citizens’ equal enjoyment of the right I yield the floor. court find the State guilty of violating to vote’’ as was the case in 1965—espe- Mr. LUGAR. Mr. President, I rise the 15th amendment or the very broad cially the kind of change-the-rules- today to express my strong support for protections afforded by section 2 of the after-losing tactics that prompted the the reauthorization of the landmark Voting Rights Act. The same cannot be section 5 preclearance requirement. Voting Rights Act of 1965. said of Arkansas; Colorado; Hawaii; According to Richard L. Hasen, Wil- I was a member of the Indianapolis Ohio; Maryland; Massachusetts; Mis- liam H. Hannon Distinguished Pro- School Board and mayor of Indianap- souri; Montana; Nebraska; Wisconsin; fessor of Law at Loyola Law School in olis during the civil rights movement, Chicago, IL; Hempstead, NY; Los Ange- Los Angeles: ‘‘In the most recent 1998 and I witnessed firsthand the critical les County, CA; or Dade County, FL— to 2002 period, DOJ objected to a mea- importance of promoting justice and none of which are covered by section ger 0.05 percent of preclearance re- understanding in our communities. 5’s preclearance requirement. quests. Updating these data, DOJ inter- Following the tragic death of Dr. Mar- The people of Alabama understand posed just two objections nationwide tin Luther King, Jr., while I was serv- that these changes in our State are overall in 2004, and one objection in ing as mayor, so many of my friends good, and they do not want to do any- 2005.’’ These data suggest relatively and neighbors in Indianapolis came to- thing that would suggest that there is isolated attempts to interfere with vot- gether in peace and reconciliation, and any interest in moving away from the ing rights not widespread, ‘‘extraor- I am grateful that our city served as a great right to vote. We want to reau- dinary stratagem[s]’’ to perpetuate dis- model to so many other cities that thorize the Voting Rights Act. How we crimination in voting. were unfortunately stricken with vio- reauthorize the act is something that lence and division. is worthy of discussion, however. The To be sure, there have been examples It is in the spirit of justice, harmony, witnesses we have heard in the Judici- of misconduct, such as the cancellation and compassion that we must join to- ary Committee over the past couple of of the June 5, 2001, city council and gether to pass this important legisla- months have had many different ideas, mayoral elections in the town of tion. This is a signal moment for the and after hearing from them, I am con- Kilmichael, MS, and I do not want to Senate, and I am pleased that Presi- cerned that we should have listened minimize those violations in any way. dent Bush will sign this bill into law as more carefully to some of their rec- Such misconduct did not appear to be the 41st anniversary of the signing of ommendations. common or widespread, however, and it the Voting Rights Act approaches on My concerns stem, in part, from the could have been remedied through ordi- August 6. extraordinary nature of some of the nary litigation under section 2 of the Mr. SESSIONS. Mr. President, I rise temporary provisions of the Voting act and 42 U.S.C. § 1983. In fact, a dis- to voice my support for reauthorizing Rights Act particularly the ‘‘pre- turbing aspect of the Kilmichael inci- the Voting Rights Act of 1965. H.R. 9, clearance’’ requirement of section 5. dent is that the attorney general’s ob- the bill to reauthorize the Voting Section 5 requires Alabama and other jection to the cancellation of the elec- Rights Act, is an important piece of covered jurisdictions to ‘‘preclear’’ any tion came on December 11, 2001 over 7 legislation. I wish to take a few mo- change in ‘‘any voting qualification or months after the election had been ments to express my thoughts on the prerequisite to voting, or standard, canceled. This was no doubt due in part great progress prompted by the Voting practice, or procedure with respect to to the town’s failure to submit the Rights Act in my State, as well as to voting.’’ The preclearance requirement change in a timely fashion, but it none- express a few concerns. applies to ‘‘[a]ny change affecting vot- theless appears that minority voters My home State of Alabama—the site ing, even though it appears to be minor would have received justice more of the Selma to Montgomery voting or indirect.’’ As a representative of the quickly through a lawsuit in Federal rights march—had a grim history on Department of Justice testified in the court, accompanied by a request for a voting rights. Before 1965, only 19 per- House of Representatives, ‘‘There is no preliminary injunction and/or a tem- cent of African Americans in our State de minimis exception’’ to the porary restraining order. were registered to vote, and they were preclearance requirement. In light of the dearth of present-day denied the right to vote through any In 1966, the Supreme Court in South preclearance objections or evidence of number of tactics and strategies. Be- Carolina v. Katzenbach upheld section violations that, due to their nature or hind those tactics and strategies—the 5’s preclearance requirement ‘‘as a number, cannot be remedied through multiple ‘‘tests and devices’’—lay a necessary and constitutional response litigation, I am concerned that reau- ruthless decision to deny Black citi- to some States’ ‘extraordinary thorizing section 5’s preclearance re- zens the right to vote so that the ma- stratagem[s] of contriving new rules of quirement for 25 years as proposed in

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.062 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7987 H.R. 9 will not pass constitutional I am also concerned that the Su- America and are proud of the changes muster in the litigation that is certain preme Court will think that a 25-year in Alabama and our Nation. They have to follow its enactment. In City of reauthorization is simply too long to a strong attachment to the Voting Boerne v. Flores, the Supreme Court pass constitutional muster. In 1965, Rights Act. All Alabamians want to see held that when Congress enacts legisla- Congress only authorized the tem- the progress continue. In light of the tion to enforce constitutional guaran- porary provisions of the Voting Rights wrongs that have occurred in the past tees, ‘‘[t]here must be a congruence Act for 5 years. They have now been in and out of respect for those who placed and proportionality between the injury effect for 41 years. I am worried that their very lives at risk for change, I to be prevented or remedied and the the Supreme Court will conclude that will vote in favor of H.R. 9. means adopted to that end.’’ The Court it is not ‘‘congruent and proportional’’ Mr. BURR. Mr. President, I rise cited the Voting Rights Act of 1965 as to require some States to preclear today in support of reauthorizing the an example of appropriate congres- every single voting change, no matter Voting Rights Act. sional enforcement legislation that it how minor or insignificant, until the The democratic process of citizens had upheld. The Court observed, how- year 2031 based on data regarding voter electing those who will govern them is ever, that ‘‘[s]trong measures appro- turnout and registration from 1964—67 a cornerstone of America. It is this de- priate to address one harm may be an years earlier. sign which has contributed greatly to unwarranted response to another, less- Finally, I am concerned about H.R. making our Nation stable, resilient, er one.’’ 9’s language adding new subsections and a leader in the world. Every citizen I am worried because, in extending (b), (c), and (d) to section 5 of the Vot- over the age of 18 who can legally vote section 5’s preclearance requirement ing Rights Act to alter the Supreme has a constitutional right to do so. for another 25 years, H.R. 9 does little Court’s decisions in Georgia v. The 15th amendment of the Constitu- to acknowledge the tremendous Ashcroft and Reno v. Bossier Parish tion states, ‘‘The right of citizens of progress made over the past 40 years in School Board, Bossier Parish II. In its the United States to vote shall not be Alabama and other covered jurisdic- decision in Bossier Parish II, in par- denied or abridged by the United tions. Today is not 1965, and the situa- ticular, the Court warned that the in- States or by any State on account of tion with respect to voting rights in terpretation of section 5 rejected in race, color, or previous condition of Alabama and other covered jurisdic- that case ‘‘would also exacerbate the servitude.’’ tions is dramatically different from ‘substantial’ federalism costs that the To enforce the 15th amendment, 1965. I would have expected Congress to President Lyndon Johnson signed the preclearance procedure already exacts recognize this tremendous progress in Voting Rights Act into law on August perhaps to the extent of raising con- covered jurisdictions by modernizing 6, 1965. This legislation prevented cerns about § 5’s constitutionality.’’ Al- section 5 to reflect present-day States from suppressing or denying Af- tering these decisions adds to the risks progress and remaining problems. rican Americans and others the oppor- taken in failing to modernize and mod- For example, Congress ought to up- tunity to participate in the electoral ify the provisions of the Voting Rights date the coverage trigger in section process, and it continues to do so Act to address the voting rights prob- 4(b) of the act. It is simply illogical—in today. 2006—to base coverage solely on reg- lems of the 21st century. It is particu- Most of the Voting Rights Act is per- istration and voter turnout data from larly important therefore, that these manent law. However, certain sections the Presidential elections in 1964, 1968, new provisions be strictly interpreted. of the law are set to expire in 2007 if 1972. What about the Presidential elec- The ‘‘ability . . . to elect their pre- not reauthorized by this Congress. tions of 1996, 2000, and 2004? What about ferred candidates of choice’’ language These sections, including requirements the 14 noncovered jurisdictions that in new subsections 5(b) and 5(d) pre- for Federal review of State and local Federal courts have found guilty of vents the elimination of what the Su- election laws, the placement of Federal constitutional or section 2 violations preme Court called ‘‘majority-minority election observers, and voting assist- in recent years? Those years and those districts’’ in Georgia v. Ashcroft, in ex- ance programs for bilingual American jurisdictions could easily be added to change for the creation of what it citizens, were established so that Con- the coverage formula in section 4(b), called ‘‘influence districts.’’ Neither gress could periodically reevaluate and but H.R. 9 does not update the coverage the language of new subsections 5(b) amend them if needed. formula to include them. Given the and 5(d) nor the ‘‘any discriminatory I stand here today representing a dearth of preclearance objections, it purpose’’ language of new subsection State, portions of which have been seems that some minor or de minimis 5(c) requires the creation of or locks classified by this act as having a trou- voting changes ought to be removed into place ‘‘influence’’ or ‘‘coalitional’’ bled past, and I support reauthoriza- from the preclearance requirement, as districts, however. The concept of ‘‘in- tion of the Voting Rights Act. well. fluence’’ or ‘‘coalitional’’ districts is North Carolina is proud of the Congress also needs to make changes far too amorphous to impose as a re- progress it has made over the last sev- to improve the ‘‘bailout’’ process in quirement of Federal law. Imposing eral decades. North Carolinians con- section 4(a) of the act. According to the such new restrictions on the redis- tinue to learn from history and will Department of Justice, out of 914 cov- tricting process would prove both un- continue to strive to serve as a model ered States and political subdivisions, workable and unconstitutional. for the rest of the Nation in equality only 11 covered jurisdictions, all in Vir- I agree with the comments made ear- and fairness. ginia, have bailed out from coverage, lier this afternoon by Senator MCCON- I must emphasize that regardless of and thus preclearance, under section NELL, Senator HATCH, Senator KYL, and the outcome of this reauthorization 4(a). It is obvious that bailout is not Senator CORNYN. We must remember vote, which I will support and I am working properly, but H.R. 9 does not that we are reauthorizing the Voting confident will pass this Chamber correct that problem. For example, Rights Act not creating a ‘‘gerry- unanimously, no citizen will lose the even if a town in Alabama has a perfect mandering rights act.’’ The bipartisan right to vote in 2007 as a result of any record on voting rights and meets support for this bill indicates that both expiring provisions. As Members of every one of the requirements for bail- Republicans and Democrats do not ex- Congress, we have the responsibility to out, it cannot seek bailout because sec- pect or intend it to be interpreted to preserve the constitutional rights of all tion 4(a) only allows a ‘‘political sub- advantage one party or the other. individuals but also to make sure that division’’ to bail out, and section Although the Voting Rights Act is the law of the land is evenly and fairly 14(c)(2) defines ‘‘political subdivision’’ now 40 years old, many of my constitu- applied and enforced. to mean ‘‘any county or parish’’ but ents have vivid recollections of dis- Voting rights for African Americans not any city or town. That should be crimination at the ballot box, and they or any other citizen group are granted changed, but this bill does not address have strong memories of the civil by the 15th amendment. Voting rights it. I also think we should have given rights movement that led to the most for all American citizens are perma- serious consideration to Professor historic changes that were encap- nent. Hasen’s ‘‘proactive bailout’’ proposal sulated in the Voting Rights Act. We must ensure public confidence in to improve the bailout process. These are wonderful people. They love our electoral system.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.047 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7988 CONGRESSIONAL RECORD — SENATE July 20, 2006 As I have said on the floor of the Sen- worked incredibly hard to see this re- less Congress acts to renew them. Re- ate before, ‘‘as our country plants the authorization become a reality. authorization of the Voting Rights Act seeds of democracy across the world, I will repeat what I said on this floor will ensure many privileges including we have the essential obligation to 15 years ago: It is our duty to guar- bilingual election assistance for cer- continue to operate as the model.’’ antee that all citizens have the same tain language minority citizens in cer- I urge my colleagues to support this opportunity to participate in the polit- tain States and subdivisions. reauthorization. ical process and to elect representa- I cast my vote to ensure that no law Mr. GRASSLEY. Mr. President, I rise tives of their choice. All of us here abridges the privileges or immunities today in strong support of the reau- today recognize that it is our duty, as of any citizen of the United States or thorization of the Voting Rights Act. elected representatives of the people, denies any citizen equal protection of Let me first commend everyone who as guardians of democracy, to protect the laws. has been involved with getting this bill the right to vote. I remain confident, Mr. TALENT. Mr. President, I am to where it is today, including the as I was in 1982, that the Voting Rights pleased to speak in support of the Vot- chairman of the Judiciary Committee Act is a key tool—perhaps the key ing Rights reauthorization legislation, here in the Senate, Chairman SPECTER. tool—in eradicating any remaining of which I am a cosponsor. Congress en- Chairman SPECTER has attempted to vestiges of racial discrimination. acted the Voting Rights Act in 1965 to ensure that everyone involved in this I support reauthorization of the Vot- protect the voting rights of all Ameri- process received the opportunity to ex- ing Rights Act and encourage my col- cans, and I am pleased that the Con- plore the issues about which they had leagues to do the same. As it was in gress is reauthorizing this important further questions, while still moving 1965 and in 1982 and for all the other ex- legislation. the bill through expeditiously. Thanks tensions along the way, this vote today The right to vote is the foundation of to all these efforts, we will see final is among the most important civil our democracy and a fundamental passage of the Voting Rights Act reau- rights votes on the floor of this body. right to our citizenry. Before the Vot- thorization today, nearly a year ahead We have the opportunity today to show ing Rights Act was passed, however, a of the expiration of any of the tem- that we are, indeed, one Nation, under great percentage of American citizens porary provisions. God, indivisible, with liberty and jus- were denied that right. The Voting I have long been a supporter of the tice for all. Please join me in voting Rights Act rectified that wrong by pro- Voting Rights Act. I had the oppor- aye. hibiting the enactment of any election tunity to work with Senators DOLE and Mr. DOMENICI. Mr. President, it is law that would deny or abridge voting KENNEDY and others in 1982 to continue without hesitation that I support the rights based on race or color and pro- the VRA’s vital protections, to ensure Fannie Lou Hamer, Rosa Parks, and vided the right to challenge discrimi- that all Americans truly have the right Coretta Scott King Voting Rights Act natory voting practices and proce- to vote. Reauthorization and Amendments Act dures. As I explained during the reauthor- of 2006, which ensures that the right of This legislation has been extended ization of the VRA in 1982, the right to all citizens to vote, including the right and amended four times since its pas- vote is fundamental. Only through vot- to register to vote and cast meaningful sage and has resulted in a tremendous ing can we guarantee preservation of votes, is preserved and protected as growth in the ability of minority citi- all our other rights. The right to vote guaranteed by the Constitution. zens to fully participate in the Amer- is the very cornerstone of democracy Reauthorization of the Voting Rights ican political system, both as voters and merits the highest protection of Act of 1965 may be a foregone conclu- and candidates. At the time the act law. sion; however, I believe that today’s was first adopted, only one-third of all People of all races have been guaran- debate and vote are of great con- African Americans of voting age were teed the right to vote since passage of sequence because we are protecting on the registration rolls in the spe- the 15th amendment in 1870. For far too each citizen’s right to vote and pre- cially covered States compared with long, though, this was a right only in serving the integrity of our Nation’s two-thirds of White voters. Now Afri- theory. Many minorities were discrimi- voting process. Passage of this measure can Americans’ voter registration rates nated against in the days before the is not merely symbolic; it is an essen- are approaching parity with that of Voting Rights Act was introduced. tial reaffirmation that we the people Whites in many areas, and Hispanic Since this Act was passed, we have are securing the blessings of liberty to voters in jurisdictions added to the list seen the voting proportions of these ourselves and our posterity. I firmly of those specially covered by the act in populations increase dramatically. The believe that the right of citizens of the 1975 are not far behind. Enforcement of Voting Rights Act has had very signifi- United States to vote should not be de- the act has also increased the oppor- cant success in fighting racial dis- nied or abridged by the United States tunity of African Americans and crimination, probably more than any- or any State on account of race. Latino voters to elect representatives thing else that Congress has done since The right to cast a vote is funda- of their choice. Virtually excluded the adoption of the Civil War amend- mental in our system of government, from all public offices in the South in ments. and the importance of each person’s 1965, African Americans and Hispanic Next year, important provisions of voting rights is reflected by the fact voters are now substantially rep- the Voting Rights Act will expire. The that they are protected by the 14th, resented in the State legislatures and right of every American to have a voice 15th, 19th, 24th, and 26th amendments local governing bodies throughout the and vote is the essence of America’s to the Constitution. President Ronald region. strength and greatness. As was the case Reagan described the right to vote as Mr. President, this is a piece of legis- in 1982, conditions have improved since the crown jewel of American liberties. lation that literally changed the land- the original Voting Rights Act was Like President Reagan, I also believe scape of the American political system, passed. It is our duty as the ultimate that the right to vote is a great privi- and I am extremely pleased to cast a custodians of the public trust, however, lege worth protecting. vote in favor of its extension. to ensure that we never return to a The Voting Rights Act of 1965 was Mr. BUNNING. Mr. President, I rise world in which some of our citizens do initially passed in response to post- today to express my support for the re- not truly have the right to vote. Civil War Reconstruction efforts to dis- authorization of the Voting Rights Act For this reason, I stand with Chair- enfranchise Black voters. The voting of 1965. I support this law and recognize man SPECTER as an original cosponsor Rights Act of 1965 was amended in 1970, its valuable contributions to our soci- of the Fannie Lou Hamer, Rosa Parks, 1975, 1982, and 1992. It remains one of ety. and Coretta Scott King Voting Rights the most significant pieces of civil Since its inception in 1965, the Vot- Act Reauthorization and Amendments rights legislation in American history. ing Rights Act has successfully helped Act of 2006. Many people, including the This legislation amends and reauthor- protect the right to vote for millions of bill’s authors, members of the Judici- izes the Voting Rights Act for an addi- U.S. citizens. This right, as outlined in ary Committees in both Houses, and tional 25 years, several provisions of the 14th and 15th amendments to the thousands of civil rights activists, have which will expire on August 6, 2007, un- Constitution, is fundamental to our

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.048 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7989 Country’s foundation. It is the life- have made as a country, we still have the polls. Indeed, the Voting Rights blood of our democracy. The very legit- more work to do. Both the House and Act has succeeded tremendously. Stat- imacy of our government is dependent the Senate have investigated this issue istician Keith Gaddie reported that the on the access all Americans have to the thoroughly, and after numerous hear- registration and turnout rate of Black electoral process. ings and thousands of pages of evidence citizens is higher in covered jurisdic- We must ensure that when citizens being accepted into the record, it is tions than throughout the rest of the choose to go to the polls that they do clear that we need to reauthorize the Nation. He additionally revealed that not face obstacles created to disenfran- expiring provisions of the act. More registration of Black citizens in Ala- chise them. Every U.S. citizen, regard- time and effort is needed to completely bama during the 2004 elections was 72.9 less of race or gender, should have op- fulfill the promise of the Voting Rights percent of the voting age population; in portunity to cast their vote without Act and to assure every citizen that his Georgia, 64.2 percent; in Louisiana, 71.1 fear of discrimination. or her 15th amendment rights are fully percent; in Mississippi, 76.1 percent; in This has not always been the case. available, and this bill will allow us the South Carolina, 71.1 percent; and in Our Nation’s history can provide exam- time we need. Virginia, 57.4 percent of the voting age ples where the person’s right to vote The House of Representatives has al- population. Voter turnout rates were has been impeded whether it be ready passed the Voting Rights Re- equally improved. For example in 2004 through literacy tests or poll taxes. newal Act, and I am glad we are going Alabama had a 63.9 percent turnout This is unacceptable and is a powerful to move it forward today. We can then rate of registered Black voters, Georgia reminder of the hardships this Nation quickly put this critical legislation in had a 54.4 percent turnout rate, Lou- has experienced. The Voting Rights front of the President, who supports isiana had a 62.1 percent turnout rate, Act has provided protection to minor- the bill and is waiting to sign it into Mississippi had a 66.8 percent turnout ity communities that may fall victim law. I am hopeful that at the end of rate, South Carolina had a 59.5 percent to some of those impediments, or even this 25-year reauthorization, we will all turnout rate, and Virginia had a 49.6 worse, to threats or intimidation dur- be able to agree that no further legisla- percent turnout rate. If we applied registration and turn- ing the electoral process. tive action is necessary—that we have out data from our most recent Presi- I believe the Voting Rights Act was a accomplished the critical goal of assur- dential elections to the trigger formula good idea and necessary in 1965. I also ing every American citizen the equal for coverage, many covered States believe we have come a long way since right to vote. would no longer require coverage. This 1965 and would like to recognize the Mr. COBURN. Mr. President, the 15th amendment of the United States Con- is important because the Supreme many changes and progress made all Court requires that any laws that we stitution provides ‘‘[t]he right of citi- across the Country. I firmly believe write must be ‘‘congruent and propor- zens of the United States to vote shall this progress will only continue to tional’’ to the problems we seek to not be denied or abridged by the United grow. remedy. While these provisions were States or by any State on account of I come from a State that is com- necessary because State practices and mitted to civil rights, and I believe race, color, or previous condition of the prejudices of individuals kept eligi- that our Forefathers said it best that servitude. The Congress shall have the ble citizens from being able to cast a we are one Nation, undivided, with lib- power to enforce this article by appro- ballot free from the threat of intimida- erty and justice for all. I look forward priate legislation.’’ In 1965, with the tion or harassment, it is important to seeing this commitment to justice passage of the Voting Rights Act, Con- that we ensure that the correct juris- renewed today as we reauthorize the gress finally began to enforce the Na- dictions are covered in order to pre- Voting Rights Act of 1965. tion’s promise embodied in the 15th serve the constitutionality of the act. Mr. President, I am confident that amendment. The Voting Rights Act We held nine hearings, and many in- the Voting Rights Act will be reauthor- was designed to ‘‘foster our trans- dividuals from diverse backgrounds and ized today and urge my colleagues to formation to a society that is no longer different races have both praised and support this important piece of legisla- fixated on race,’’ to an ‘‘all-inclusive criticized the temporary provisions of tion. community, where we would be able to the VRA set to expire 1 year from now. Mr. DEWINE. Mr. President, I am forget about race and color and see At each hearing, multiple witnesses proud to be an original cosponsor of people as people, as human beings, just suggested ways to amend and improve this very important piece of legisla- as citizens.’’ The mere mention of this this Act. Yet I was the only Senator on tion, the Voting Rights Reauthoriza- act conjures up profound images of the the committee prepared to offer sub- tion Act of 2006. civil rights movement, a fight by many stantive amendments to improve the As we all know, Congress first passed courageous men and women for equal- act so that it addresses the problems it the Voting Rights Act back in 1965, ity and justice. seeks to remedy today. when many jurisdictions had numerous In 1965, Congress wisely decided to I was prepared to offer three amend- laws and regulations aimed at denying make the most significant sections of ments. The first would define the term the right to vote to many of our citi- the bill permanent. The permanent ‘‘limited English proficient,’’ the sec- zens—in direct violation of the 15th provisions apply to all States equally. ond would reauthorize the amended amendment to the Constitution. The One section of the original act sus- provisions for 7 years instead of 25 Voting Rights Act made it clear that pended all ‘‘tests or devices’’ that years, and the third would require a our society would no longer tolerate States used to disfranchise racial mi- photo identification in all Federal elec- such abuses. It also made clear that all norities. Section 2, which is also per- tions. Yet I only offered one amend- citizens should have the opportunity to manent, codifies the 15th amendment, ment in committee yesterday because exercise this critical right freely and confirming by statute that no political it was clearly communicated that we easily, without harassment, intimida- subdivision may deny or abridge voting should pass the exact bill that the tion, or other barriers to voting. Its rights on account of race or color and House passed regardless of the merits passage was one of the proudest mo- that all individuals have recourse to of certain amendments. In fact, even ments of the civil rights movement. discriminatory election procedures in though the committee did pass a non- The Voting Rights Act has been an Federal court. substantive amendment to amend the extraordinary success, and we can see That same Congress passed tem- title of the bill, Senate leadership its results in towns, counties, and porary remedial measures to address brought the House bill H.R. 9 to the States across the country, as well as in voting practices and districting in floor without the title change accepted the House of Representatives and in seven Southern States, where registra- in committee. Political expediency the U.S. Senate. Minority voters have tion rates for Black voters averaged clearly trumped the will of individual had their voices heard and their votes only 29.3 percent. Section 5 was crafted Senators. counted, and have helped elect a wide to remedy the low voter registration There are other amendments that range of officials who reflect the diver- and turnout among the minority com- should have received consideration. sity of our great Nation. Unfortu- munities caused by discriminatory reg- During hearings, some Senators dis- nately, despite the great advances we istration practices and intimidation at cussed possible amendments that they

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.014 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7990 CONGRESSIONAL RECORD — SENATE July 20, 2006 appeared to support with witnesses. were held. No changes to those findings The PRESIDING OFFICER. The Sen- Yet I believe that political fear and were made. ator from Oregon. perceived intimidation prevented them Furthermore, it was nearly impos- Mr. WYDEN. Mr. President, often from offering any amendments. For ex- sible to prepare for the hearings. Our when the Senate passes something ample, there was discussion based on rules require that witnesses submit unanimously, it means that the matter the testimony of numerous witnesses their testimony 24 hours prior to the is not so important. That is not the that someone should offer an amend- hearing so Senators can formulate case today. The Voting Rights Act is ment to create more reasonable bailout thoughtful questions. Over half of the about as important as it gets. Senators procedure. States and counties wishing witnesses—21 out of 41—flouted the of both political parties deserve great to bail out are only permitted to make committee’s rules by turning in their credit for bringing this vitally needed their case here in Washington rather testimony less than 24 hours before the legislation to the floor of the Senate than at a Federal court closer to their hearing. Indeed, one witness submitted today. I have come to salute those in- home. Another amendment that re- his testimony at 12:03 a.m. the morning side and outside the Senate for their ceived some support among witnesses of a hearing scheduled for 9:30 a.m. An- work to bring this extraordinarily im- would have included more recent data other witness submitted her testimony portant issue before the country and to determine coverage of areas with a at 10:21 p.m. the night before a 9:30 a.m. before the Senate and to make an ap- recent history of discrimination rather hearing. Other witnesses submitted peal to Senators and those outside the than relying on data only from the their testimony literally hours before Chamber to work for more. 1964, 1968, and 1972 elections. the hearing. Clearly, the only way Sen- In the past three successive elec- Even if no amendments offered were ators could ask thoughtful questions of tions—2000, 2002, and 2004—there were accepted, this bill is dramatically dif- these witnesses was through written scores of accusations of voter intimida- ferent from reauthorizing the Voting questions. And many tried to do so. tion, rigged voting machines, conflicts Rights Act as renewed in 1982. This bill But that process has been unsuccessful. of interest among elected officials, and rewrites the Voting Rights Act, section We voted the bill out of committee for other serious electoral abuses. Many 5 to include in section (b) that ‘‘[t]he discussion on the floor before 107 writ- newspaper articles, State and Federal purpose of [section 5] is to protect the ten questions to 10 witnesses were an- governmental investigations, private ability of such citizens to elect their swered and returned. We did not even studies and scores of lawsuits have de- preferred candidates of choice.’’ Such have the opportunity to submit ques- scribed in considerable detail the toll language has never before been in- tions to the witnesses on the panel of that election abuses now take on our serted into section 5 preclearance re- the final hearing. democracy. As much as it is an accom- quirements where there is no judicial We had plenty of time to do this plishment that the Senate will be vot- review of determinations made by De- right—to fully consider the testimony ing to reauthorize the Voting Rights partment of Justice, DOJ employees. and answers submitted by witnesses— Act today, that law cannot cure many Additionally, section 5(c) of the bill re- and still vote to extend the temporary of the problems that we have seen in writes the Voting Rights Act to require provisions before they expire in the the last three election cycles. But that DOJ refuse to preclear a plan that summer of next year. We still have there is a proven system that can re- employs ‘‘any discriminatory purpose.’’ time to do this right. Congress has duce many of these abuses, and I hope These are very serious changes that until the summer of 2007 to consider in the days ahead the U.S. Congress were never debated and that witnesses this bill, and yet we are moving ahead will take steps to promote it. It is suggested we amend. Those suggestions without receiving all answers to ques- known as vote by mail. were never even discussed or consid- tions and fully considering the testi- My State of Oregon adopted this elec- ered. I am at a loss as to why we are in- mony of our witnesses. As a result, tion system back in 1998, with nearly 70 serting new standards for 25 years none of us can realistically say that we percent support of our State’s voters. without knowing the potential con- know the full implications of what we It has been a resounding success any sequences and clarifying congressional are voting on today. And the con- way one looks at it, and it has not been intent in the language of the act. sequences of our rush, forced by poli- seen in any way as a kind of partisan Some Senators have said that we tics, may have unintended con- tool that advantages one particular have carefully considered this bill and sequences for our Nation. party or one particular philosophy. the effects it will have on our Nation Nonetheless, I am voting for the Vot- What I want to do this afternoon is based on the number of hearings we ing Rights Act because of its unparal- describe briefly how Oregon’s vote by had. Yet Member attendance at these leled success in the past at securing mail system works and then talk about hearings was incredibly low. At the the opportunity to vote. I urge my col- why the Senate ought to be taking first two hearings on section 5, only leagues not to forget that we all share steps to promote it nationally as a way one Senator attended. At the third, the fundamental American belief that to deal with some of these problems five Senators attended. Five Senators our society should be color-blind and that have swept across our land over did not attend any of the committee’s that everyone should be treated equal- the last three election cycles. hearings. Five Senators attended only ly. There should be no political advan- In Oregon the system works in this portions of one hearing. This is not tage or disadvantage because of the way. At least 2 weeks before election meant as criticism because I only at- color of a person’s skin and we should day, election officials mail ballots to tended part of two hearings. be able to put aside politics to protect all registered voters. The voters mark My point is that it is unfortunate and openly discuss those values. Most their ballots, seal and sign those bal- that we insisted on doing this on an ex- Americans would like to move away lots, and return them by mail or by pedited basis when the act does not ex- from considering race when drawing placing them in a secure drop box. pire for a year. The committee con- congressional districts. In fact, a Wash- Election officials count the votes using ducted eight hearings in 9 workweeks— ington Post/Kaiser poll found that 70 optical scanning machines that con- and during times when it was clear percent of Blacks, 83 percent of His- firm the signature on the return enve- most Senators would be absent. We panics, and 90 percent of Whites said lope matches the signature of the voter held four hearings during the immigra- race should not figure into map-draw- on file. Each county also provides op- tion debate on the floor and held two ing. tional onsite voting booths for individ- hearings during rollcall votes on the While America has a long history of uals who need special accommodations floor. Because of the political nature of negative race relations, we must strive or prefer to vote onsite. this bill and the fear of being improp- for the dream taught by Martin Luther The bottom line is that vote by mail erly classified as ‘‘racist,’’ the bill was King—that one day society will judge can address many of the problems that crafted and virtually passed before any people based on the content of their plague this country’s elections. For ex- Senator properly understood any of the character and not the color of their ample, with vote by mail, there is no major changes. For example, the bill skin. For this, as Justice O’Connor waiting in line in the polls for hours. that passed out of committee included stated in 1993, is the goal toward which All through our country over the last a finding section before any hearings our Nation continues to aspire. election we heard complaints about

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.032 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7991 people having to wait in line, often for With vote by mail, the risk of fraud be done to improve the election proc- hours and hours on end. It doesn’t hap- is minimized. When an Oregon county ess. I intend to press at every possible pen with vote by mail. Each voter re- receives a voter’s marked ballot, the opportunity for a way to encourage an ceives a ballot in the mail. They can ballot is then sent to elections workers approach that has empowered people in complete it at home, at work, or wher- trained in signature verification who my home State in a manner that has ever is convenient for them. And you compare the signature on each ballot far exceeded the expectations of even don’t have the problem of people wait- against the person’s signature on their the biggest boosters. It has been to- ing in line for hours and hours to exer- voter registration card. This can be tally nonpartisan. cise their franchise. done quickly and easily because each In Oregon, we were amused in the be- With vote by mail, no one would get voter’s registration card has been elec- ginning of our discussion about vote by the run-around about which polling tronically scanned into the system. No mail. At the beginning of the discus- place they are supposed to vote at. The ballot is processed or counted until the sion, it seemed that a fair number of ballots are mailed to the citizen’s county is satisfied that the signature Republicans were for vote by mail, but home. If, for some reason, a voter’s bal- on the ballot matches the voter’s sig- a number of Democrats were skeptical. lot does not arrive 2 weeks before the nature on file. If someone tries to com- Then, after I won the Senate special election as it is supposed to, the voter mit fraud, they can be convicted of a election in 1996—and Senator SMITH has enough time to correct the prob- Class C felony, spend up to five years in and I have laughed about this often lem, get their ballot, and then cast it. prison, and pay $100,000 in fines. over the years—there was an about Americans who face the toughest time Vote by mail can help make the prob- face, and it seemed then that Demo- getting to the polls, such as citizens lems of recent elections a thing of the crats liked vote by mail and Repub- with disabilities and the elderly, report past. In doing so, it will make our elec- licans were a little cautious. Our that they vote more often using vote tions fairer and help reinstill a con- State’s citizens said enough of all this by mail. Women, younger voters, stay- fidence in our democracy, which frank- nonsense and overwhelmingly voted, on at-home moms also report that they ly, has been lacking. a bipartisan basis, to say this is just vote more often using vote by mail. There are a number of other reasons plain good government, and this is the Once again, it is an opportunity on a why I think our country ought to be way we want to go. bipartisan basis to deal with a very se- doing everything possible to encourage I think the Oregon story can be cop- rious problem that we have seen over citizens to adopt vote by mail. This ap- ied across the country, and I am going the last few election cycles. proach increases election participa- to do everything I can to encourage it. Citizens wouldn’t get the run-around tion. For example, vote by mail helps The Supreme Court declared in the at the polling place when they show up make voter turnout in Oregon consid- Reynolds v. Sims case: on election day to vote and are told: erably higher than the average na- [i]t has been repeatedly recognized that all ‘‘You really shouldn’t be here; you tional voter turnout. Oregon experi- qualified voters have a constitutionally pro- ought to be there.’’ ‘‘We can’t really tected right to vote . . . and to have their enced a record turnout of more than 70 tell you where you ought to be.’’ ‘‘We vote counted. percent in the 2004 Presidential elec- have all these people in line, and we Promoting vote by mail across our tion, compared to 58 percent nation- will try to help you later.’’ All of that land will help make this constitutional ally. is eliminated through vote by mail be- right a reality. I encourage my col- Vote by mail, we find, gets more citi- cause folks get their ballot at their leagues to look and study the approach zens involved in the issues because home. we have used in our State, an approach folks get their ballots weeks before the Third, with vote by mail there is less that will advance the spirit of the Vot- final day when their ballot is due, and risk of voter intimidation. A 2003 study ing Rights Act. Support the Voting they have the time to quiz candidates, of voters in my home State showed Rights Act today and work with us to that the groups that would be most examine issues that are important to build on its incredible importance in vulnerable to coercion now favor vote them, and do it in a deliberate fashion the days ahead. by mail. Over the last few elections, we that gives them more time. I yield the floor. Next, vote by mail has produced huge saw again and again our citizens saying The PRESIDING OFFICER. The Sen- that they feared coercion. They were savings at the local level for election ator from Massachusetts is recognized. concerned about intimidation in the costs. Vote by mail reduces those elec- Mr. KERRY. Mr. President, I ask exercise of their franchise. tion costs by eliminating the need to unanimous consent that I be permitted We have documentary proof in our transport equipment to polling sta- to proceed for 10 minutes and, fol- home State, a specific study that I tions and to hire and train poll work- lowing me, Senator BOXER be per- have cited, that citizens who are most ers. My home State has reduced its mitted to proceed for 15 minutes, and vulnerable to intimidation and coer- election-related costs by 30 percent following her, Senator SCHUMER for 5 cion feel more comfortable voting by since implementing vote by mail. So minutes. mail. we have the results. We have the re- The PRESIDING OFFICER. Is there Next, with vote by mail, malfunc- sults to show the rest of the country objection? Without objection, it is so tioning voting equipment is a thing of why we ought to be encouraging across ordered. the past. Everyone heard the stories in the land vote by mail. Mr. KERRY. Mr. President, I thank 2004 of citizens who said they voted for In a survey taken 5 years after we the Senator from Oregon for his discus- one candidate only to see the elec- implemented this system, more than 8 sion of an important way of having ac- tronic voting machine indicate that out of 10 Oregon voters said they pre- countability in voting. I must say that the voter had cast a ballot for some- ferred voting by mail to traditional I saw how that works out in Oregon. It body else. Irregularities such as this voting. I am confident that the rest of works well. It works brilliantly, as a cannot occur in vote by mail. Each our country would embrace it the very matter of fact. People have a lot of voter marks the ballot, reviews it, and same way. time to be able to vote. They don’t submits it, the ballot is counted, and it What this is all about, and why I have to struggle with work issues or becomes a paper record—a paper record have taken time to discuss our ap- being sick or other things. They have that is used in the event of a recount. proach, is that I think it is very much plenty of time to be able to have the I happen to believe that we must in line with both the spirit and the text kind of transparency and account- have a paper trail for every ballot that of the Voting Rights Act. America ability that makes the system work. is cast in our country. It is wrong that needs to make sure that no eligible There are other States where you are there is at present no such paper trail. voter, based on color, creed or any allowed to start voting early—in New Every time I have a community meet- other reason, would be disenfranchised. Mexico and elsewhere. ing, people bring up: why can this not What we are doing in the Senate today It is amazing that in the United be done? It is just common sense. My by reauthorizing the Voting Rights Act States we have this patchwork of the home State has led the way to ensure is the right thing. It is clearly a step in way our citizens work in Federal elec- that through our vote-by-mail system the right direction for these difficult tions. It is different almost every- there is a paper trail. times. But I do think much more can where. I had the privilege of giving the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.063 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7992 CONGRESSIONAL RECORD — SENATE July 20, 2006 graduation address this year at Kenyan thrill that everyone in the Senate felt knowledge that their voice will be College in Ohio, and there the kids at in watching citizens be able to exercise heard. These are the foundations of our Kenyan College wound up being the those rights. democracy, and we have to pay more last people to vote in America in the In the Ukraine, the world turned to attention to it. Presidential race in 2004 in Gambier, at the United States to monitor elections For a lot of folks in the Congress, 4:30 in the morning. We had to go to and ensure that the right to vote was this is a very personal fight. Some of court to get permission for them to protected. All of us have been proud of our colleagues in the House and Senate keep the polls open so they could vote what President Carter has done in were here when this fight first took at 4:30 in the morning. traveling the world to guarantee that place or they took part in this fight Why did it take until 4:30 in the fair elections take place. But the truth out in the streets. Without the courage morning for people to be able to vote? is, all of our attempts to spread free- of someone such as Congressman JOHN They didn’t have enough voting ma- dom around the world will be hollow LEWIS who almost lost his life march- chines in America. These people were and lose impact over the years in the ing across that bridge in Selma, whose lined up not just there but in all of future if we don’t deliver at home. actions are seared in our minds, who Ohio and in other parts of the country. The fact is that we are having this remembers what it was like to march An honest appraisal requires one to debate today in the Senate about the to move a nation to a better place, who point out that where there were Repub- bedrock right to vote, with the under- knows what it meant to put his life on lican secretaries of state, the lines standing that this is not a right that the line for voting rights, this is per- were invariably longer in Democratic was afforded to everyone in our coun- sonal. precincts, sometimes with as many as try automatically or at the very begin- For somebody like my colleague, one machine only in the Democratic ning. For a long time, a century or Senator TED KENNEDY, the senior Sen- precinct and several in the Republican more, women were not allowed to vote ator from Massachusetts, who was here precinct; so it would take 5 or 10 min- in America. We all know the record in the great fight on this Senate floor utes for someone of the other party to with respect to African Americans. The in 1965 when they broke the back of re- be able to vote, and it would take lit- fact is that the right to vote in our sistance, this is personal. erally hours for the people in the country was earned in blood in many We wouldn’t even have this landmark longer lines. If that is not a form of in- cases and in civic sweat in a whole legislation today if it weren’t for their timidation and suppression, I don’t bunch of cases. Courageous citizens lit- efforts to try to make certain that it know what is. erally risked their lives. I remember in passed. So I thank the Senator from Oregon the course of the campaign 2 years ago, But despite the great strides we have for talking about the larger issue here. traveling to Alabama—Montgomery— taken since this bill was originally en- He is absolutely correct. The example and visiting the Southern Poverty Law acted, we have a lot of work to do. of his State is one that the rest of the Center, the memorial to Martin Luther Mr. President, I ask for an additional country ought to take serious and King, and the fountain. There is a 5 minutes. think seriously about embracing. round stone fountain with water spill- The PRESIDING OFFICER. Without This is part of a larger issue, obvi- ing out over the sides. From the center objection, it is so ordered. ously, Mr. President. All over the of the fountain there is a compass rose Mr. KERRY. Mr. President, on this world, our country has always stood coming back and it marks the full cir- particular component of the bill, there out as the great exporter of democratic cle. At the end of every one of those is agreement. Republicans and Demo- values. In the years that I have been lines is the name of an American with crats can agree. I was really pleased privileged to serve in the Senate, I the description, ‘‘killed trying to reg- that every attempt in the House of have had some extraordinary opportu- ister to vote,’’ or ‘‘murdered trying to Representatives to weaken the Voting nities to see that happen in a firsthand register.’’ Time after time, that entire Rights Act was rejected. way. compass rose is filled with people who We need to reauthorize these three Back in 1986, I was part of a delega- lost their lives in order to exercise a critical components especially: The tion that went to the Philippines. We fundamental right in our country. section 5 preclearance provisions that took part in the peaceful revolution None of us will forget the courage of get the Justice Department to oversee that took place at the ballot box when people who marched and faced Bull an area that has a historical pattern of the dictator, President Marcos, was Connor’s police dogs and faced the discrimination that they can’t change kicked out and ‘‘Cory’’ Aquino became threat of lynchings, some being how people vote without clearance. President. I will never forget flying in dragged out of their homes in the dark That seems reasonable. on a helicopter to the island of of night to be hung. The fact is that we There are bilingual assistance re- Mindanao and landing where some peo- are having this debate today because quirements. Why? Because people need ple have literally not seen a helicopter their work and that effort is not over it and it makes sense. They are Amer- before, and 5,000 people would surround yet. Too many Americans in too many ican citizens, but they still may have it as you swooped out of the sky, to go parts of our country still face serious difficulties in understanding the ballot, to a polling place where the entire obstacles when they are trying to vote and we ought to provide that assist- community turned out waiting in the in our own country. ance so they have a fully informed hot sun in long lines to have their By reauthorizing the Voting Rights vote. This is supposed to be an in- thumbs stamped in ink and to walk out Act, we are taking an important step, formed democracy, a democracy based having exercised their right to vote. but, Mr. President, it is only a step. on the real consent of the American I could not help but think how much Nobody should pretend that reauthor- people. more energy and commitment people izing the Voting Rights Act solves the And finally, authorization for poll were showing for the privilege of vot- problems of being able to vote in our watching. Regrettably, we have seen in ing in this far-off place than a lot of own country. It doesn’t. In recent elec- place after place in America why we Americans show on too many occa- tions, we have seen too many times need to have poll watching. sions. The fact is that in South Africa how outcomes change when votes that A simple question could be asked: we fought for years—we did—through have been cast are not counted or when Where would the citizens of Georgia be, the boycotts and other efforts, in order voters themselves are prevented from particularly low-income and minority to break the back of apartheid and em- voting or intimidated from even reg- citizens, if they were required to power all citizens to vote. Most re- istering or when they register, as we produce a government-issued identi- cently, obviously, in Afghanistan and found in a couple of States, their reg- fication or pay $20 every 5 years in Iraq, notwithstanding the disagree- istration forms are put in the waste- order to vote? That is what would have ment of many of us about the manage- basket instead of into the computers. happened without section 5 of the Vot- ment of the war and the evidence and This has to end. Every eligible voter ing Rights Act. Georgia would have other issues that we have all debated in the United States ought to be able successfully imposed what the judge in here. This has never been debated to cast his or her ballot without fear, the case called ‘‘a Jim Crow-era like about the desire for democracy and the without intimidation, and with the poll tax.’’ I don’t think anybody here

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.065 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7993 wants to go back and flirt with the pos- this right that was fought for so hard defiance of hers, where she just went sibility of returning to a time when through so much of the difficult his- on that bus and she wasn’t going to the States charged people money to exer- tory of our country, we finally make back. cise their right to vote. That is not our real the full measure of that right. When I met her, when President Clin- America. I yield the floor. I thank the Chair ton invited her to the White House and This morning, President Bush ad- and I thank my colleague for her for- I went there, I stood in awe because it dressed the 97th Annual Convention of bearance. said to me how one person can make a the NAACP after a 5-year absence. I am The PRESIDING OFFICER. The Sen- difference in this, the greatest nation pleased that the President, as we all ator from California is recognized. in the world. We get so frustrated are, ended his boycott of the NAACP Mrs. BOXER. Mr. President, before sometimes; we feel we can’t make a and announced his intention to sign Senator KERRY leaves the floor, I want difference. Here is one woman saying, the Voting Rights Act into law. to thank him. The issues he raised ab- No, I won’t do that; that’s wrong; I’m But we need to complete the job. solutely have to be a part of this de- one of God’s children. And that act of There are too many stories all across bate. I will address them after he defiance changed our country. I am so this country of people who say they leaves. The reason I stood up and ob- happy this bill is named after her and registered duly, they reported to vote, jected to the Ohio count is because I Fannie Lou Hamer who helped organize and they were made to stand in one knew firsthand from the people of Ohio Freedom Summer in 1965 which helped line or another line and get an excuse who came and talked with me through lead to passage of this landmark bill why, when they get to the end of the STEPHANIE TUBBS JONES that they were we will vote on today. She had a very line, they can’t vote. So they take out waiting in lines for 6, 7 hours. That is simple phrase that she used: ‘‘Nobody’s a provisional ballot, and then there are not the right to vote. I think Senator free until everybody’s free.’’ ‘‘Nobody’s fights over provisional ballots. KERRY’s remarks and the remarks of free until everybody’s free.’’ That re- There are ways for us to avoid that. the Senator from Oregon are very im- minds us of the work that we certainly Some States allow same-day registra- portant. have to do today. tion. In some parts of America, you can So let a message go out from this So Fannie Lou Hamer, Rosa Parks, just walk up the day of an election, Senate floor today that we are not and Coretta Scott King, who worked register, and vote, as long as you can stopping our efforts to make sure peo- with her great husband during the civil prove your residence. ple can vote with the very important rights movement in the sixties and car- We have this incredible patchwork of passage of this very important legisla- ried on his work after his horrific as- laws and rules, and in the process, it is tion. I am very pleased to follow him in sassination, working for justice, even more confusing for Americans. We this debate. worked for equality not only in this need to fully fund the Help America I rise to cast my vote in support of a country but around the world. Vote Act so that we have the machines very historic bill named after three In the late eighties, she worked tire- in place, so that people are informed, amazing women whom I truly admire— lessly to help bring an end to apartheid so that there is no one in America who Fannie Lou Hamer, Rosa Parks, and in South Africa. I often quote Martin waits an undue amount of time in Coretta Scott King. These three leg- Luther King, almost in every speech I order to be able to cast a vote. endary women were part of the heart give, because he is one of my heroes. We have to pass the Count Every and soul of the civil rights movement One of the lines he said, which isn’t Vote Act that Senator CLINTON, Sen- in this country, and those women really one that gets quoted all the ator BOXER, and I have introduced helped move the conscience of this Na- time, is that ‘‘Our lives begin to end which ensures exactly what the Sen- tion in the 1960s and, frankly, inspired when we stop talking about things that ator from Oregon was talking about: me to serve in public service. matter.’’ ‘‘Our lives begin to end when that every voter in America has a In 1950, I was a little girl and I was in we stop talking about things that mat- verifiable paper trail for their vote. Florida with my mother. I went on a ter.’’ That touched me and reached me. How can we have a system where you bus. It was a crowded time of day. A can touch a screen and even after you woman came on the bus. Her hands I think his words, of course, reached touch the name of one candidate on the were filled with packages. To me she every American, regardless of political screen, the other candidate’s name looked really old. I guess she was my party. Don’t stop talking about things comes up, and if you are not attentive age. I jumped up because I was taught that matter, even though it might be to what you have done and you just go to do that. I jumped up and I said: easier to do so, even though it might be in, touch the screen, push ‘‘select,’’ you Please, please, take my seat. My moth- easier when you are at a friend’s house voted for someone else and didn’t in- er kind of pulled at my sleeve, and the and somebody says something that is tend to? How can we have a system woman put her head down and she bigoted toward somebody else. It is like that? walked to the back of the bus. sometimes easier for us to make be- How can we have a system where the I was perplexed by this. I said to my lieve we didn’t hear it. No, that mat- voting machines are proprietary to a mother: Why was she rude to me? Why ters, you matter, your view matters, private business so that the public sec- didn’t she say thank you and take the your values matter. Speak up. tor has no way of verifying what the seat? That is what we are doing, and I am computer code is and whether or not it My mother explained to me the laws proud to be in the Senate today be- is accountable and fair? Just account- in those days that sent African Ameri- cause we are doing something good ing for it. cans to the back of the bus. I at 10 today. It is a privilege and an honor to Congress has to ensure that every years old was astounded, shocked, vote for this reauthorization of the vote cast in America is counted, that angry. My mother said to me: Why Voting Rights Act. every precinct in America has a fair don’t we just stand up. And that is I had a number of people visit me distribution of voting machines, that what we did. We walked to the back, from my State yesterday—old and voter suppression and intimidation are and we stood. young, children, grandmothers, great un-American and must cease. That was an America that is no grandmothers, granddads, lawyers, We had examples in the last election more, but that is an America we can- workers, doctors. They just jammed of people who were sent notices—obvi- not forget. That was an overt law to into my conference room and they said: ously fake, but they were sent them hurt people, to make America ‘‘we and Senator BOXER, we know you are with and they confused them enough. They them.’’ That is why the law we are us. We know you have been on this bill. were told that if you have an out- passing today is so important—because We know where you are. We have lis- standing parking ticket, you can’t it says that we all recognize that even tened to you all these years. We want- vote. They were told: Democrats vote though that America is no more, we ed to come here and say thank you. on Wednesday and Republicans vote on have more work to do. I said: You don’t need to thank me. Tuesday and various different things. And then came the sixties. Of course, What you need to do is join with me so It is important for us to guarantee we know it was Rosa Parks who that after this vote, we truly get equal that in the United States of America, changed the world with that one act of voting rights in this country.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.066 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7994 CONGRESSIONAL RECORD — SENATE July 20, 2006 That was touched on by Senator The Federal Government must work protections as citizens to choose our KERRY, and it was touched on by Sen- hard to guarantee that the inequities own leaders? ator WYDEN. The right to vote—with- we have seen in the past never resur- Let me say, we cannot even get to out it we are nothing. Without it, we face again. And won’t that be the day, page 1 in terms of moving this bill for- are not standing up for the principles when we have a system that we believe ward. There is resistance to this bill. upon which this Nation was founded: a we can be proud of again. There are those in this body who don’t government of, by, and for the people. I am proud to stand here today with want a paper trail. They don’t want to How do you have a government of, an opportunity to cast a vote to reau- make it easier to vote, and let’s call it by, and for the people, if the people thorize provisions of the Voting Rights what it is. That resistance exists, and turn away from the voting booth? I Act. But today didn’t come without that is wrong. So I call on the leader- hear every excuse in the world: Oh, you struggle. Why did my people have to ship of this body: Let’s do something are all the same. What is the dif- come all the way from California, more for people. Let’s not have another ference. I can’t make a difference. It is spend their hard-earned dollars to get situation where a Senator has to go just false. It is just an excuse. on a plane? I will tell you why: Because over and protest a vote count because Show me two candidates running this was a hard bill to get before this people said they had to stand in line against each other at a local level, at a body. People objected. People com- for hours. State level, at a Federal level, and I plained. It was a hard bill to get before The PRESIDING OFFICER. The Sen- will show you the differences. If you the House. But many people worked ator’s time has expired. pay attention, you will find out the dif- Mrs. BOXER. Mr. President, I ask hard, and House Members listened to ferences, and you will cast your vote unanimous consent for 1 additional the people, and Senators listened to for the candidate that most represents minute. the people. you. You are not going to agree with The PRESIDING OFFICER. Without I want to thank my friends at the objection, it is so ordered. them 100 percent of the time. That is NAACP who were finally able to con- another issue: Oh, I used to agree with Mrs. BOXER. Then we have the peo- vince enough that, yes, this was some- him, but he did three things, and I ple of Washington, DC. They are not thing we had to do. We have to be hon- don’t agree with him anymore. Look at represented with a vote. That is wrong. est. There were attempts to weaken the totality. Look at the totality of Over 500,000 people live in this great this bill, but we succeeded in not allow- the voting record. Look at the totality city, the heart and soul of our democ- ing that to happen. of the opposition and make a decision. racy. Eighty percent are voting age. In my closing moments, I want to They can’t cast their ballots in na- Don’t just walk away. Don’t pull the say that our work does not stop today, covers over your head with excuses: tional elections for congressional rep- as Senator KERRY said and as Senator They are all alike. I can’t make a dif- resentatives. They don’t have Senators WYDEN said. For example, several of us ference. What is one vote? or Representatives here. That is why I We all know the election of John have introduced the Count Every Vote have joined Senator JOE LIEBERMAN on Kennedy was decided by a couple of Act, a comprehensive voting reform his bill that calls for full voting rights votes per precinct. It could have been bill that will ensure that every Amer- for DC residents. one vote per precinct. That is how ican indeed can vote, and every vote is So, again, I say what a privilege and close that election was. counted. honor it is for me to be here, to stand In the voting booth, we are all equal. Congresswoman STEPHANIE TUBBS here, thinking back to my days as a In the voting booth, we are all equal. JONES, who lived through a harrowing child when African Americans had to Your vote and my vote, whether you experience during the last election, go to the back of the bus in some parts are 18 years old or you are my age and with her constituents being given the of the South, feeling the pain of that a Senator, we are all equal in the vot- runaround and standing in line for 6 myself for those who had to live in that ing booth. We have one vote. We should and 7 hours. Is that the right to vote, way. So this bill is a fitting tribute to cherish it. The CEO of a giant company standing in line for 6 and 7 hours, peo- Rosa Parks and Fannie Lou Hamer and who earns multimillions of dollars a ple who have to work, people who had Coretta Scott King. I thank the Presiding Officer for his year is equal to a minimum wage work- health problems, people who couldn’t indulgence. This is a starting place for er. And if that minimum wage worker stand up, people whose legs were weak- a lot of us, and we are going to make thinks it is time he got a raise or she ening beneath them? Is that the right sure that, in fact, the right to vote is a got a raise after almost 10 years of not to vote? I say it is not the right to reality for every single one of our citi- getting a raise, he or she ought to vote, vote. I say it is harassment. zens. and vote for the candidate who sup- Senators CLINTON, KERRY, LAUTEN- BERG, MIKULSKI, and I have introduced Mr. President, I yield the floor. ports your right to join the middle The PRESIDING OFFICER. The Sen- class. the Count Every Vote Act, and I want to highlight the two key provisions ator from New York is recognized for 5 Every citizen of this country who is minutes. that are in this bill. The first is the bill eligible to vote should be guaranteed Mr. SCHUMER. Mr. President, I sa- that their vote is counted and that would require electronic voting ma- lute my colleague on her wonderful and their vote matters. That is why it is so chines provide a paper record which heart-felt words. important that we maintain the pro- will allow voters to verify their votes, Mr. President, this is a hallowed mo- tections of this historic Voting Rights and it will serve as a record if a manual ment on the floor of this Senate. We Act, such as requiring certain local- recount is needed. We go to a res- don’t have too many of these hallowed ities with a history of discrimination taurant, we get a receipt. We go to the moments these days, but passing, to get approval from the Federal Gov- store, we get a receipt. We save it in working for, voting for the renewal of ernment before they make changes to case there is a problem. When we vote, the Voting Rights Act is just one of voting procedures. Why is this impor- we should get a receipt. We should look those. I rise in proud and full-hearted tant? It is important because it is a at it, we should check it, just as we add support of H.R. 9, which is a bicameral check and balance on an area that has up the bill from the restaurant. We and bipartisan bill, thank God, to reau- in the past not shown—not shown—the should give it back and then it is thorize the Voting Rights Act. willingness to fight for every voter. stored. In case there is a problem, we The bottom line, Mr. President, is And, requiring certain jurisdictions to have a paper trail. this: Without the right to vote in a de- provide language assistance to voters The second provision: We say elec- mocracy, people have no power. And with limited English proficiency, and tion day should be a Federal holiday. while I do believe that race and racism authorizing the Federal Government to We all give speeches. We stand up and have been a poison that has afflicted send election monitors to jurisdictions we stand behind the red, white, and America for a long time, and there are where there is a history of attempts to blue. What a great, free country this is, many ways to solve that, probably the intimidate minority voters at the and indeed it is. Why shouldn’t we best is the full and unrequited power to polls, we just want to make sure these make election day a holiday so that we vote. For so long, that power was de- elections are fair, wherever they are can celebrate on every election day our nied to people of color: Blacks, His- held. freedoms, our history, our rights, our panics, and others. Now it is not being.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.068 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7995 I can tell by my own history, even So while these strides are important, they had access to the American polit- here in the Congress, the progress we they are too few and too recent to de- ical process and a voice in determining have made. When I got to the Congress clare that the promise of the Voting their future. in 1980, there were only 17 African Rights Act has been realized. The bot- The passage of the Voting Rights Act Americans in the House. Today, there tom line is that the Voting Rights Act helped expand and open our democracy are 42. That is very close to the per- has worked to remove barriers from to let in millions of our citizens. centage of African Americans in Amer- countless men and women from all The Voting Rights Act has empow- ican society. That shows you the backgrounds to participate in the po- ered thousands of communities to elect progress we have made. Without the litical process, to run for office, to candidates of their choice and has en- Voting Rights Act, it clearly would not enter and thrive in the political proc- sured that a full spectrum of voices is have happened. ess, but there is still a lot of work to heard in our national dialogue. However, we sit in the Senate, and do. We cannot and thankfully will not In stark contrast to the days prior to only last year did we again have an Af- let the act expire. the Voting Rights Act, today it is the rican American come to the Senate. Mr. President, I look forward to cast- Voting Rights Act that ensures that There is only one. So while we see the ing my vote in favor of H.R. 9 later the elections of people like Senators progress in the House of Representa- today, and urge all of my colleagues to BARACK OBAMA, DAN INOUYE, MEL MAR- tives, we also look in the Senate and do so. I am hopeful that we can have a TINEZ, DANIEL AKAKA, and KEN see how much longer we have to go. unanimous vote on the floor of this SALAZAR are no longer electoral anom- I am glad that final passage is now Senate. alies, but reflections of the will of the imminent, as leaders from both parties Mr. President, I yield the remainder communities and States they rep- are supporting this bill. Let me say of my time. resent. this act has been hailed as the single The PRESIDING OFFICER (Mr. Today, there are 81 Members of Con- most effective piece of civil rights leg- COLEMAN). The Senator from New Jer- gress of African American, Hispanic, islation we have ever passed. The rea- sey is recognized. Asian, Native Hawaiian/Pacific Is- son is it does not just simply guarantee Mr. MENENDEZ. Mr. President, I lander, and Native American descent, the right to vote in name, but it en- rise as an original cosponsor and and thousands of minorities in elected sures the effective exercise of that fun- strong supporter of the Voting Rights offices around the country. damental right. Act reauthorization. If it were not for the Voting Rights Today, when we see the Governor of One of the most fundamental of Act and its provisions, I very well may Georgia and the legislators of Georgia American values is the right to cast a not be standing before you today. impeding the right to vote, we know meaningful vote in a free and fair elec- In the 21st century, at a time when that we need a strong and full-throated tion. As the Supreme Court stated in we are working to bring democracy to Voting Rights Act. And, thank God, 1964, ‘‘Other rights, even the most both Iraq and Afghanistan, we must en- the attempts to dilute it—mainly, I am basic, are illusory if the right to vote is sure that democracy is protected here sorry to say—coming from the other undermined.’’ at home in every circumstance. One body, did not succeed. However, just over 40 years ago, in citizen unfairly discouraged from vot- Our Founding Fathers said it best many parts of the American South, it ing is one too many. When people are when they penned these words in the was almost impossible for people of denied the right to vote, they are de- Declaration of Independence: Govern- color to even register to vote. nied a say in their Government, they ment derives its just powers from the People were turned away from the are denied a say in the laws they are consent of the governed. Simply put, in courthouse when they attempted to required to obey, and they are denied a our Nation there can be no consent register, while others were jailed. We say in the policies their tax dollars without unfettered access to the voting sometimes talk romantically about the support. booth. A renewed and reenergized Vot- Civil Rights era, as if it were 200 or It has been said that those who fail ing Rights Act is exactly the right for- even 100 years ago. But the flagrant in- to understand history are doomed to mula to ensuring equality in the polit- justices that we see captured in black repeat it. That is why the annual walk ical process for all Americans. and white video reels were during a that Congressman LEWIS leads across In 1965, when President Johnson time not too long ago. the Edmund Pettus Bridge in com- signed the bill into law, there were On March 7, 1965, about 600 people at- memoration of the anniversary of the only 300 minorities elected to State, tempted to peacefully march from voting rights march is so vitally im- local, or Federal office. North, South, Selma, AL, to Montgomery, the State portant. East, and West, people of color were capital, to dramatize to the world their I was fortunate to visit Selma with not represented. Today, four decades desire to register to vote. And the him and the Faith and Politics Insti- later, in large part because of this Vot- world watched in horror as these peace- tute. Nothing brings one closer to a ing Rights Act, 10,000 minorities serve ful demonstrators, including my good sense of what those young men and as elected officials. friend and former colleague, Represent- women experienced—the hatred and I have seen the Voting Rights Act ative JOHN LEWIS, were beaten bloody. bigotry—than standing on and walking have an effect on my city. New York is That day marked a sad, sad chapter in across the Pettus Bridge with Rep- one of the most diverse cities in the the history of our Nation. resentative LEWIS and learning what country. And in our city, the Voting For some, the tragedy in Selma is happened that day over 41 years ago. Rights Act has been extremely effec- simply a footnote in a speech or a As I listened to JOHN LEWIS and the tive in ensuring that all our citizens timely anecdote during Black History other heroes of the movement, I was are able to participate equally in the Month. But we must not lose sight of reminded how average citizens com- political process. However, many of the what those brave Americans were mitted to an ideal can effect change. I act’s successes in New York—we think fighting for. And we must never forget was reminded through this pilgrimage we are a modern country and, of the price they—and others—paid for that the journey is still not finished course, a modern city—but they have their successes: Americans—Black, and that our goal must be social jus- only come since the last time we re- White, young, old, northern and south- tice—not simply social service. I was newed its provisions. The first and only ern—shed blood and, in some cases, also touched by those who suffered so African-American mayor of New York gave the ultimate sacrifice so all much having so much love in their wasn’t elected until May of 1989. The Americans could enjoy the basic right heart. It is a lesson still timely for us first and only African American wasn’t to vote. today and tomorrow. elected to statewide office until 1994. In Five months after what is now known The need for the Voting Rights Act 2002, the first and only Asian American as ‘‘Bloody Sunday,’’ the Voting Rights has not gone away. In my State of New was elected to the city council. Fi- Act of 1965 was signed into law. It Jersey, a consent decree was reached nally, just last year, a mayoral can- granted all American citizens the right after violations of the Voting Rights didate became the first and only to vote in any Federal, State, or local Act by the Republican National Com- Latino to win his party’s nomination. election and in doing so ensured that mittee and the New Jersey Republican

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.069 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7996 CONGRESSIONAL RECORD — SENATE July 20, 2006 State Committee that deterred minori- Nation’s values, purposes and meaning. Sadly, I can point to modern day at- ties from voting occurred during the Some members of the House recently tempts to deny the right to vote to 1981 gubernatorial election. This just argued that the Voting Rights Act is citizens in my own State. During the illustrates voting rights violations can somehow outdated, has outlived its in- 2004 election, the Florida Department happen anywhere and at anytime, and tended usefulness, and that it unfairly of Law Enforcement created a list of are unfortunately a part of the historic punishes those covered jurisdictions for 48,000 convicted felons. This list was fabric of our election process. Such vio- past actions and sins. I have nothing then sent to the 67 supervisors of elec- lations were so widespread in the 2000 but respect and esteem for that body, tion in Florida, who were given the in- elections that Congress enacted the and look fondly upon my years of serv- structions to strike those 48,000 con- Help America Vote Act. If anything, ice in that Chamber; but, I whole- victed felons from the rolls. The public need to strengthen and update the Vot- heartedly disagree with some of my was denied meaningful access to the ing Rights Act is demonstrated in new former colleagues. lists to verify its accuracy because of a ways every year. In enacting the original Voting law passed by the legislature in the The Voting Rights Act has been ef- Rights Act and its four reauthoriza- previous few years. fective in eliminating barriers to the tions, past Congresses have declared to CNN challenged the constitutionality ballot box. Yet, several key provisions the world that America stands for free- of the law under the Florida Constitu- of the act regarding preclearance, ob- dom and democracy. But our rhetoric tion. This Senator participated in that servers, and language assistance are of equality and freedom must be rati- challenge by filing what is called an scheduled to expire in 2007. H.R. 9 will fied by an authentic pursuit of true amicus curiae brief, or a friend of the reauthorize these important and tem- freedom, true equality, and true demo- court brief. A courageous Florida cir- porary provisions for an additional 25 cratic ideals. If we are to be a beacon of cuit judge declared the law unconstitu- years. Personally, I support making democracy and freedom to Baghdad, tional. these provisions permanent. Beirut and Beijing—then we must first When the Miami Herald got their H.R. 9 is the product of a thoughtful, be a beacon of freedom and democracy hands on the list of 48,000 names of con- thorough, bipartisan, and bicameral ef- to Bloomfield, Buffalo, and Bir- victed felons, guess what they found. fort that carefully weighed the com- mingham. First of all, they found the list was peting concerns and considerations Over 40 years ago, Senators stood on overwhelmingly minority; second, they that have been a part of the Voting the floor of this Chamber to right a found that the list was overwhelmingly Rights Act debate since its original monumental wrong inflicted upon mil- minority African American; and third, passage. As my colleagues well know, lions of Americans. Inspired by the they found about 3,000 legitimate reg- the act has been extended on four other quiet strength and principled courage istered voters on that list who were not occasions, very possibly making it the of JOHN LEWIS and others like him, this convicted felons. If not for that lawsuit 3,000 legiti- most carefully reviewed civil rights body acted out of courage, conviction, mate registered voters with names that measure in our Nation’s long history. and conscience. This legislation we have before us I don’t know what senators will say were similar to the names of convicted today would renew the Voting Rights 40 years from now. But, if nothing else, felons would have gone to the polls on Act’s temporary provisions for 25 it is my prayer that they will say this Election Day in November of 2004 and years; restore the ability of the Attor- Senate kept faith with the highest been told they were not a registered ney General, under section 5 of the act, ideals and promises of this great Na- voter and they could not vote. It is 41 years since the Voting Rights to block implementation of voting tion. And that Senators from all cor- Act. This just happened 2 years ago. changes motivated by a discriminatory ners of America, and of all political We’re getting closer to the ideal, we’re purpose; clarify that section 5 is in- stripes, stood up in defense of democ- tended to protect the ability of minor- just not there yet. racy and freedom here at home. Reauthorizing the Voting Rights Act ity citizens to elect their candidates of I urge my colleagues on both sides of is going to move us further down the choice; and authorize recovery of ex- the aisle to strongly support this legis- road and, most importantly, it will en- pert witness fees in lawsuits brought to lation and in doing so protect the vot- sure that we never turn back. enforce the Voting Rights Act. ing rights of all Americans. Today, as I cast a vote in favor of re- The right to vote is so fundamental I yield the floor. authorizing the Voting Rights Act, I to our citizenship, so vital, that we as The PRESIDING OFFICER. The Sen- hope and pray that 25 years from now, Members of Congress must make every ator from Florida. at the end of the authorization of this effort to ensure that this right is a re- Mr. NELSON of Florida. Mr. Presi- act, our country will have progressed ality across the length and breadth of dent, in the years before the Voting so that we do not have to continue this this great Nation. The Voting Rights Rights Act was signed into law by particular debate. Act ensures that all American citizens President Johnson, discrimination and I yield the floor and suggest the ab- have access to both the ballot box and brutal force were used to deny African sence of a quorum. the American political process, and a Americans the right to vote as guaran- The PRESIDING OFFICER. The voice in determining their future. That teed by the 15th amendment. clerk will call the roll. is why the Voting Rights Act remains There are stories of local election of- The legislative clerk proceeded to so desperately needed and why Con- ficials requiring Black residents to call the roll. gress must reauthorize the special pro- pass arbitrary tests, like correctly Mrs. LINCOLN. Mr. President, I ask visions that are set to expire. guessing the number of bubbles that a unanimous consent that the order for In addressing a joint session of Con- bar of soap would produce, before being the quorum call be rescinded. gress on the very legislation we are de- allowed to register to vote. And, of The PRESIDING OFFICER. Without bating today, President Lyndon Baines course, there were the more insidious objection, it is so ordered. Johnson said: forms of intimidation, which is a very Mrs. LINCOLN. Mr. President, I join In our time we have come to live with the sad chapter in the history of this coun- my colleagues today to speak in sup- moments of great crisis. Our lives have been try, with African Americans being port of reauthorizing the Voting Rights marked with debate about great issues— lynched and murdered for attempting Act of 1965. No act has done more to issues of war and peace, issues of prosperity to vote or registering others to vote. change the course of our Nation’s his- and depression. In the 41 years since the enactment tory than this. I am pleased to see both But rarely in any time does an issue lay bare the secret heart of America itself. Rare- of the Voting Rights Act, America has sides of the aisle set aside their dif- ly are we met with a challenge, not to our inched closer to its promise of an inclu- ferences to ensure its passage today. growth or abundance, or our welfare or our sive society, where everyone, regard- I first offer my thanks to Senators security, but rather to the values, and the less of race, regardless of religion, re- LEAHY and SPECTER for their work in purposes, and the meaning of our beloved na- gardless of economic class or regard- getting this legislation to the Senate. I tion. less of gender, has an equal oppor- also thank Senators REID and FRIST for We must heed President Johnson’s tunity to succeed. We are not there their efforts in bringing all sides to- admonition and take inventory of our yet. gether to renew this historic law.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.016 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7997 This act protects and preserves our happens. Since becoming law in 1965, tive session for consideration of the democracy by ensuring that every cit- the number of African Americans and following executive calendar numbers izen is given the same opportunity to other minority voters who are reg- en bloc, under the designated times: participate in the political process. istered and able to vote has increased Calendar No. 762, Neil Gorsuch, 5 min- The strength of our democracy, as well dramatically. As an example, my home utes each for Senators SPECTER, as its existence, depends on the fact State of Arkansas saw an increase of LEAHY, ALLARD, and SALAZAR; Calendar that the Government is created to per- more than 33,000 African-American reg- No. 763, Bobby Shepherd, 5 minutes form, to exist, and to excel only when istrants immediately after the act was each for Senators SPECTER and LEAHY, those who are governed participate in passed. Extending the provisions of and 10 minutes each for Senators it. Without this assurance, this oppor- this legislation will ensure that we PRYOR and LINCOLN; Calendar No. 765, tunity to participate in that political continue to build on the gains we have Daniel Jordan III, 5 minutes each for process, our democracy could not exist. made since it first passed. Senators SPECTER, LEAHY, COCHRAN, Without the right to participate freely We have men and women spread and LOTT; Calendar No. 766, Gustavo in elections, a citizen’s ability to effect across the globe, fighting for democ- Gelpi, 5 minutes each for Senators change in his or her community is racy and freedom. They are fighting for SPECTER and LEAHY. highly limited. the right of citizens to hold free elec- I further ask unanimous consent that We are given, each of us, many God- tions in which all, regardless of race, following the use or yielding back of given gifts, but our responsibility with gender or creed, can participate. In the debate times above, the Senate pro- those gifts is to give of those gifts to many cases, this cannot be achieved ceed to a vote on passage of H.R. 4472, those around us, to our community and without violence, unfortunately. Truth to be followed by consecutive votes on to our country, to our fellow man. be told, we are not so far removed from the confirmation of the above-listed Without being able to participate in our own violent past. nominations in the order specified, this community, we are not able to But by the mercy of God, we today without intervening action or debate, fully give back. will extend the blessings of liberty to and that following those votes, the I think it is important to remember all Americans with the recording of a President be immediately notified of what we are voting for today. Men and vote and the swipe of a pen. That is a the Senate’s action, and the Senate women not much older than I am made miracle that we dare not forget. Be- then resume legislative session. great sacrifices to be able to perform cause of what we do tomorrow, the men The PRESIDING OFFICER. Is there that most basic right of free men and and women who marched and stood objection? free women—the right to vote. It is still and sat down and stood up and re- Without objection, it is so ordered. easy to take for granted. We often do. joiced and cried and ultimately over- Mr. FRIST. Mr. President, again, But we cannot forget that this docu- came, can be proud, proud that their very briefly, what that means is that ment represents the pain and hope of legacy will be carried on. we will be voting at approximately 4:30. millions of Americans. It represents I suggest the absence of a quorum. We will then move to the John Walsh their efforts and their prayers. The PRESIDING OFFICER. The child predator bill, have debate on The things that we do without giving clerk will call the roll. that, and have debate on the judges, them much thought, were not so for The legislative clerk proceeded to and then we will have stacked rollcall many of our fellow Americans. When call the roll. votes beginning at approximately 7:15 we go to eat lunch, we sit wherever we Mr. DODD. Mr. President, I ask unan- or 7:30 tonight. would like. When we go to the movies, imous consent that the order for the The PRESIDING OFFICER. The Sen- we sit wherever we would like as well. quorum call be rescinded. ator from Connecticut is recognized. When we ride the bus, we sit wherever The PRESIDING OFFICER. Without Mr. DODD. Mr. President, it is with a we like, and when we get to the polls, objection, it is so ordered. great sense of pride and privilege that we take our ballot and we cast it with- The majority leader is recognized. I rise today in strong, strong support of out thinking about it. Mr. FRIST. Mr. President, briefly, I H.R. 9, the Fannie Lou Hamer, Rosa It is easy for us to forget that it has want to propound a unanimous consent Parks, and Coretta Scott King Voting not always been so. By way of example, request which has been agreed to by Rights Act Reauthorization and the mother of one of my staff members the leadership on the other side. And Amendments Act of 2006. became deeply involved in voter reg- then people will know the scheduling In my view, of all the values which istration as a young college student in for today and tonight. underpin a democracy, none—none—is the early 1960s. She was determined to Mr. President, I ask unanimous con- more essential than the right of a cit- secure the right to vote for herself and sent that the vote on the pending bill, izen to participate in the election of for her community. It was a life-or- H.R. 9, occur at 4:30 today, with Sen- those who will govern and represent death decision. She and her fellow stu- ator REID recognized from 4 to 4:15 and them. dents were told if they tried to encour- Senator FRIST in control of the time Voting is the participatory voice of age African Americans in the commu- from 4:15 to 4:30; provided further that our form of democracy. It is impera- nity to register, that they would be the remaining time be under the con- tive, in my view, that we reaffirm this killed. They had every reason to take trol of the minority. fundamental principle by expeditiously that threat seriously, but it didn’t I ask unanimous consent that fol- reauthorizing this fundamental voting matter to them. They knew that this lowing the vote on passage of H.R. 9, rights legislation. It is for this reason right, the right to vote, was worth the the Voting Rights Act, the Senate pro- that I will vote in favor of the Voting cost, and they continue to encourage ceed to the immediate consideration of Rights Act extension. America must people to register and to vote. By the Calendar No. 379, H.R. 4472. I further overcome its legacy of discrimination grace of God, no one was killed, but we ask consent that the Hatch amendment in voting. know that others around the Nation at the desk be agreed to, and there Let me, first of all, applaud our col- were not so lucky. then be 2 hours of debate equally di- leagues, if I may, the leaders of the Ju- These are the stories we must re- vided between the leaders or their des- diciary Committee, Senator SPECTER, member. We must ensure that no fu- ignees, and that following the use or Senator LEAHY, and Senator KENNEDY ture generation of Americans will ever yielding back of time, the bill, as for their extraordinary efforts to de- have to endure second-class citizenship amended, be read a third time, and the velop a truly bipartisan piece of legis- again. As elected officials, we are bill be temporarily set aside with the lation that has been brought to the charged with representing and pro- vote on passage occurring after consid- floor here today. I feel very strongly tecting the interests of our States and eration of the judges in executive ses- about the need to reauthorize this law, our districts. It is of utmost impor- sion. I further ask unanimous consent and I commend our colleagues for the tance that we are elected by a fair rep- that following passage of the bill, the leadership they have shown in marking resentation of our constituents. title amendment be agreed to; provided up a bill that I gather passed unani- The Voting Rights Act has played an further that following the debate on mously out of the Judiciary Committee enormous role in making sure that H.R. 4472, the Senate proceed to execu- and is before us today.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.071 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7998 CONGRESSIONAL RECORD — SENATE July 20, 2006 It was about 40 years ago when I was Rosa Parks was another pioneer of of law. A little more than 5 years ago, sitting up in these Galleries, watching the civil rights movement. As a seam- we had an election in this country that the U.S. Senate as it engaged in an im- stress in Montgomery, AL, she fa- forced us to confront the harsh reality passioned debate among our prede- mously challenged the Jim Crow laws that millions of Americans continue to cessors in this Chamber about whether of segregation in 1955. Mrs. Parks once be systematically denied their con- to extend to all Americans equal rights recalled that as a young child: stitutional right to vote. at the polling place. I was a college I’d see the bus pass every day. . . . But to Every citizen deserves, of course, to student at the time. I listened to one me, that was a way of life; we had no choice have his or her vote counted as well. U.S. Senator say: but to accept what was the custom. The bus There are legal barriers, administra- was among the first ways I realized there Freedom and the right to vote are indivis- tive irregularities, and access impedi- was a black world and a white world. ible. ments to the right to vote which ad- Her historic refusal to give up her That U.S. Senator was my father, versely and disproportionately impact bus seat to a white passenger led to her Thomas Dodd of Connecticut, speaking voters according to their color, eco- arrest, and sparked a citywide boycott about the Voting Rights Act in that nomic class, age, gender, disability, of the bus system, which triggered two language, party, and precinct. That is year. As I watched my father and his Supreme Court decisions outlawing wrong. It is unacceptable. It is un- colleagues engage in a very heated de- segregation on city buses. In my view, American. And it needs to be changed. bate, I was proud of how many Mem- her silent protest launched the It was unacceptable in 1965, and it is bers of this body, on both sides of the modernday civil rights movement. And reprehensible in the year 2006. Congress aisle, worked to end discriminatory we owe her a great deal of debt for her must now reauthorize the expiring por- voting practices, Republicans and courage. tions of the Voting Rights Act to con- Democrats alike coming together. In describing this incident, Mrs. tinue to protect and preserve the vot- It was following this debate, in 1965, Parks later recalled: ing rights of all Americans. that Congress took up and passed the I have been closely following the re- Voting Rights Act—the first being the People always say that I didn’t give up my seat because I was tired, but that isn’t true. authorization process in both Cham- Civil Rights Act—as a response to the I was not tired physically, or no more tired bers. I was apprehensive when House pervasive and explicit evidence of dis- than I usually was at the end of a working Republicans attempted to amend the enfranchisement of African-American day. No, the only tired I was, was tired of Voting Rights Act to undermine some and other voters in several States in giving in. of its very key provisions—essentially our country. For more than four decades, Mrs. weakening this very important and The Voting Rights Act was designed, Parks dedicated herself to the fight for fundamental law. They tried to repeal of course, as we all know, to protect racial equality. I strongly believe that the current formula of section 5 in and preserve the voting rights of all if Mrs. Parks had not refused to give up order to exempt States with histori- Americans. Since 1965, this act has her seat and had gone to the back of cally discriminatory voting practices been the cornerstone of voting rights the bus that day we would not be here from continued coverage. They wanted in our country, and its success is a today considering this historic legisla- to expedite the ‘‘bailout’’ process over- tribute to those who have labored to tion. riding the sensible framework for juris- create it. Let me mention the third individual dictions to demonstrate that they I would be remiss if I did not pay for whom this act is being named should not be subject to continuing tribute to those that this act is named today. section 5 coverage. They wanted to re- for: Fannie Lou Hamer, Rosa Parks, Coretta Scott King, of course, the quire us to reauthorize the Voting and Coretta Scott King. Many may re- wife of Dr. Martin Luther King, joined Rights Act in only 10 short years. Fi- call, it was Fannie Lou Hamer who her husband and thousands of others to nally, in what I think is the most once commented that she was ‘‘sick march from Selma to Montgomery, AL, alarming attempt to weaken this vital and tired of being sick and tired.’’ In on Sunday, March 7, 1965. That march, law, House Republicans wanted to 1962, Mrs. Hamer, the youngest of 19 of course, galvanized the core political strike section 203 which ensures that children, daughter of sharecroppers, will behind the civil rights movement all American citizens, regardless of and granddaughter of slaves, attended and served as a catalyst for the Voting language ability, are able to partici- a voting registration drive held by the Rights Act. pate on a fair and equal basis in elec- Student Nonviolent Coordinating Com- These three women worked for a bet- tions. mittee. There she learned that African ter life and an inclusive society for not I believe all Americans who are vot- Americans indeed had the constitu- only themselves and their children, but ing should learn to speak the English tional right to vote. also for future generations of Ameri- language. It should be our goal that all She was the first to volunteer for a cans. American citizens who vote should be dangerous mission to the Indianola, They selflessly and nonviolently able to understand an English language MS, courthouse to register to vote. challenged the laws and customs they ballot. That is something we are wres- Courageously, she declared: believed were wrong. And they were tling with all the time. But we also [T]he only thing they could do to me was right. Their ability to speak ‘‘truth to recognize there are many here who are to kill me, and it seemed like they’d been power’’ became their legacy. All three in the process of transition. Many of trying to do that a little bit at a time ever are iconic in the fight for the right to our citizens speak only one language as since I could remember. vote and a better life for all Americans. they are learning English. That makes When Mrs. Hamer reached the court- Let me go on to point out here—I them no less deserving, if they are citi- house, she and her companions were will not go into the specific sections of zens, of the basic rights and liberties beaten and jailed. But she was not de- this bill. I know others have talked which all Americans should expect and terred. She went on to travel the coun- about that, why these sections are nec- are entitled to. Section 203 must be re- try to encourage others to vote and essary to be continued for another 25 tained or its unique ability to remove later founded the Mississippi Freedom years. Let me, if I can, address some of barriers to this fundamental right to Democratic Party to challenge the all- the concerns that were raised in the vote and to help promote meaningful white Mississippi delegation at the other body in objections to the Voting participation among all segments of Democratic Convention—not in the Rights Act, if I may—those who ques- our society will be in jeopardy. 19th century, not in the early part of tion why divisions of a 41-year-old law I am grateful that the civil rights the 20th century—but in 1964. deserve to be reauthorized. And while I groups, the Leadership Conference on The Voting Rights Act was signed agree, progress has certainly been Civil Rights, the NAACP, the National into law a year later. In my view, if made—and we are all grateful for Council of La Raza, the AFL–CIO and Mrs. Hamer had not risked her life and that—we still have many obstacles to others, have worked so closely with limb in order to register to vote, the overcome in the conduct of our elec- Democratic Members of the House of plight of minority voters shut out of tions. Representatives to prevail over this ad- their own democracy may have contin- Progress cannot be left to just ser- versity and were able to defeat every ued, unfortunately. endipity. It must be guided by the rule single one of these amendments.

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.073 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7999 Central to the foundation of our promised Federal funds for require- 92 to 2 after a lengthy debate. We au- democratic form of government is, of ments grants and an additional $74 mil- thorized close to $4 billion to the course, the right to vote. The Voting lion short in disability access grants. It States to allow them to improve voting Rights Act today facilitates and en- is my intent to offer an amendment to systems. sures that right. In a representative de- the Treasury-Transportation-HUD Ap- It is not a perfect bill, but it is a mocracy, voting is the best avenue, of propriations bill for fiscal year 2007 to major step forward. In the coming course, by which voters can gain access fully fund the requirement grants to weeks, when we will have appropria- and influence lawmakers in Federal, States under HAVA, when that bill tions matters before us, and as I said, I State, and local governments. Voting comes to the Senate floor for debate. will be offering amendments to fully gives the people a voice. We must pro- But even the HAVA minimum require- fund the HAVA bill and other such tect their ability to be heard and to ments are only a first step to address- changes as I have offered in separate speak. ing the continuing impediments faced legislation to strengthen that par- Yesterday, I had the great privilege by voters across this Nation. ticular effort. But it was important on of meeting with 40 representatives To address additional election ad- this bill that we not complicate this from the Connecticut chapter of the ministration deficiencies, I introduced important piece of legislation with NAACP about this important reauthor- legislation in January of last year, S. modifications to the HAVA bill or addi- ization. 17, the Voting Opportunity and Tech- tional ideas to improve voting access Their message was clear: the critical nology Enhancement Rights Act of in this country. But we need to con- protections offered by the Voting 2005, or the VOTER Act. The Voting tinue to work at it. It is unfortunate Rights Act must be extended. We are Opportunity and Technology Enhance- that in our country in too many of our not on the Floor today to reauthorize ment Rights Act of 2005, or the VOTER elections the right to vote and have the right to vote. That right is guaran- Act, builds on the reforms begun by your vote counted depends upon the teed by the Constitution of the United HAVA, and adds to those reforms, by economic circumstances of the county States. Instead, we are here to provide including the following: providing in which you reside. That must change tools to enforce that right for all every eligible American, regardless of when it comes to Federal elections. My Americans. where they live in the world or where hope is we made a major step forward While it is critical that the Senate they find themselves on election day, with the HAVA bill, and we continue to act to reauthorize these expiring sec- the right to cast a National Federal tions of the Voting Rights Act today, it work at this on a bipartisan basis. Write-In Absentee Ballot in Federal As was said many years ago by is important to recognize that this ac- elections: requiring States to provide Thomas Paine, the right to vote is the tion alone will not secure the franchise for election day registration; requiring right upon which all other rights de- for all Americans. Much more is needed States to provide a minimum required pend. If we don’t get this one right, to be done to ensure that every eligible number of voting systems and poll then all the other rights we depend American voter has an equal oppor- workers for each polling place on elec- upon as American citizens are in jeop- tunity to vote and have their vote tion day and during early voting; re- counted. ardy. The Voting Rights Act speaks to In addition to the obstacles that the quiring States to count a provisional that claim more than two centuries Voting Rights Act is designed to ad- ballot for Federal office cast within the ago, that the right to vote is the right dress, too many Americans still face State by an otherwise eligible voter, upon which all other rights depend. impediments to voting. The Presi- notwithstanding the polling place in What a great message that would be to dential elections of 2000 and 2004 are re- which the ballot is cast; requiring that the American public that we still un- plete with examples of such obstacles, all States provide voters a voter- derstand this Nation has yet to achieve including: too few polling places or too verified ballot with a choice of at least the perfection that its Founders de- few voting machines to serve the turn- 4 formats for recording their signed, but each generation strives to out; eligible voters’ names not on the verification: a paper record; an audio make it a more perfect union. Passage registration list; errors in the registra- record; a pictorial record; and an elec- of this bill today will be a step in that tion lists; malfunctioning machines tronic record or other means which is direction. and machines that produce no audit fully accessible to the disabled, includ- I urge my colleagues to join me in trail; eligible voters turned away at ing the blind and visually impaired; re- achieving a unanimous vote to reau- the polls; disabled voters unable to cast quiring States to provide public notice thorize the expiring provisions of the a secret ballot; voters unable to correct of any registration list purges not later Voting Rights Act for another 25 years. mistakes on ballots or even receive a than 45 days before a Federal election; In 1965, a bipartisan coalition of Sen- new ballot if their ballot was spoiled, allowing voters to attest to their citi- ators came together to pass this his- to name only a few. zenship and age on voter registration toric bill for the first time. Today, pas- Congress addressed some of these im- forms; and providing additional Fed- sage of this act is vital to bring about pediments in the landmark legislation eral funds to States to implement the day for America envisioned by enacted following the debacle of the these new requirements. those for which it is named. Coretta presidential election in 2002 in the Help Once Congress has completed its ac- Scott King, Fannie Lou Hamer, Rosa America Vote Act, or HAVA, which I tion on the Voting Rights Act, it is im- Parks, and countless others worked was pleased to author in the Senate. perative that the Senate turn its atten- tirelessly to guarantee the ability of That legislation established Federal tion to these further election adminis- all Americans to exercise their right to minimum requirements that all States tration reforms. As the ranking mem- vote. Mr. President, we honor their must have in place by the Federal elec- ber of the Senate Committee on Rules work today by passing this important tions this year. Those requirements in- and Administration, which has juris- legislation. Thank you. I yield the clude allowing any voter who is chal- diction over election reform issues, I floor. lenged at the polls to cast a provisional look forward to that debate and the ac- The PRESIDING OFFICER. The Sen- ballot, which is set aside and counted tion of the Senate to ensure that every ator from Maryland. after eligibility, is confirmed. States eligible American voter has an equal Mr. SARBANES. Mr. President, I must also meet new Federal minimum opportunity to cast a ballot and have commend the very able Senator from standards for voting systems, including that ballot counted, regardless of color Connecticut, not only for the very elo- providing second-chance voting, ensur- or class, gender or age, disability or na- quent statement he made but for the ing disability access, and providing for tive language, party or precinct, or the leadership which he has shown with re- a permanent paper record for auditing resources of the community in which spect to this critically important issue purposes. And States must implement they live. of the right to vote. The Senator from a statewide, computerized registration I am very grateful to the Leadership Connecticut has framed and crafted list to serve as the official registration Conference on Civil Rights and the and brought to the floor of the Senate list for Federal elections. NAACP. They were such strong sup- in recent years extremely important Congress has not fully funded HAVA. porters of the Help America Vote Act. legislation designed to assure all The States are $724 million short in the That bill passed the Senate by a vote of Americans their right to the ballot,

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.075 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8000 CONGRESSIONAL RECORD — SENATE July 20, 2006 thereby strengthening the very fun- that ballfield,’’ remembers Congress- right. Ensuring that all citizens can damentals of our democracy. I would man LEWIS, ‘‘had come straight from vote and that every vote counts is be remiss if I did not take advantage of church. They were still wearing their surely one of our highest national pri- this opportunity to express the grati- summer outfits. Some of the women orities, and the passage of time has not tude we all feel to him for his leader- had on high heels.’’ Some 600 marchers diminished the need for such protec- ship in this area. set out, two abreast. All were prepared, tions. Hearings held in the Senate and Mr. DODD. I thank my colleague quite literally, to die for the right to in the House in 2005 and 2006 revealed a from Maryland for those kind words. vote. And in the police assault that fol- new generation of tactics, including at- Mr. SARBANES. The legislation we lowed, many of them, including Con- large elections, annexations, last- have before us is as significant as any gressman LEWIS, nearly did. minute poll place changes, and redis- this Congress will consider. The Voting President Johnson’s response the fol- tricting, which have had a discrimina- Rights Act was first signed into law on lowing Saturday was very clear. He tory impact on voters, especially racial August 6, 1965, by President Lyndon said: and ethnic minority American voters. Baines Johnson. The fundamental im- The events of last Sunday cannot and will The Voting Rights Act of 1965 was en- portance of this law cannot be over- not be repeated, but the demonstrations in acted to insure that no Federal, State, stated. It is no exaggeration to say Selma have a much larger meaning. They are or local government may in any way that it both changed the nature of a protest against a deep and very unjust flaw impede people from registering to vote American society and changed the in American democracy itself. or voting because of their race or eth- course of American history. More than Ninety-five years ago our Constitution was nicity. Most provisions in the Voting amended to require that no American be de- a quarter of a century before the Vot- Rights Act, and specifically the por- nied the right to vote because of race or tions that guarantee that no one may ing Rights Act was passed, the great color. Almost a century later, many Ameri- scholar Gunnar Myrdal had written in cans are kept from voting simply because be denied the right to vote because of his landmark study ‘‘An American Di- they are Negroes. his or her race or color, are permanent. lemma,’’ his study of race in this coun- Therefore, this Monday I will send to the There are, however, three enforcement- try, that ‘‘the American Negro prob- Congress a request for legislation to carry related provisions of the act that will lem,’’ as it was then known, was by no out the amendment of the Constitution. expire in August 2007. The first is sec- means a problem only for African In signing the Voting Rights Act, tion 5, which requires certain jurisdic- Americans. Rather, he wrote, it is a President Johnson said: tions to obtain approval or problem ‘‘in the heart of the Amer- The vote is the most powerful instrument ‘‘preclearance’’ from the U.S. Depart- ican.’’ ever devised by man for breaking down injus- ment of Justice or the U.S. District Myrdal set out what he called the tice and destroying the terrible walls which Court in Washington, DC, before they American creed, the abiding principles imprison men because they are different can make any changes to voting prac- on which this Nation is founded. The from other men. tices or procedures. The second provi- American creed, he said, ‘‘is the ce- Indeed, the act marked a decisive sion that will expire is section 203, ment in the structure of this great and turning point in the long and arduous which requires certain jurisdictions to disparate nation . . . encompassing our road we know as the civil rights move- provide bilingual language assistance ideals of the essential dignity of the in- ment. Since its enactment, the Voting to voters in communities where there dividual human being, of the funda- Rights Act has been extended and is a concentration of citizens who are mental equality of all men [and amended four times to address prob- limited to English proficient. The third women], and of certain inalienable lems of bigotry and discrimination are those provisions in sections 6 to 9 rights to freedom, justice, and a fair that may take subtler forms than which authorize the Federal Govern- opportunity.’’ These ideals are ‘‘writ- those confronting the Selma marchers ment to send Federal election exam- ten into the Declaration of Independ- in 1965, but that are no less insidious in iners and observers to certain jurisdic- ence, the Preamble to the Constitu- undermining the constitutional prin- tions covered by section 5 where there tion, the Bill of Rights, and into the ciples by which we aspire to live. As is evidence of attempts to intimidate constitutions of the several states.’’ our able colleague, the distinguished minority voters at the polls. The legis- Regrettably for much of our history, Senator from Vermont, Mr. LEAHY, the lation before the Senate today reau- our Nation failed to live up to its most ranking member on the Judiciary Com- thorizes the portions of the Voting cherished principles. Our great chal- mittee, has noted, in reauthorizing and Rights Act that will expire next year lenge, as one observer has put it, has extending the act, we are, in fact, revi- and will allow the Federal Government always been ‘‘to live up to the ideals of talizing it. We do so not only to honor to address new challenges. the American Creed or face a deteriora- the courageous men and women who, Today we are mindful of the fact that tion of the values and visions that such as Congressman LEWIS and Fannie nearly 41 years ago, thousands of indi- unite and make it great.’’ Lou Hamer and Rosa Parks and viduals risked their lives and some died Myrdal’s study was, in effect, the Coretta Scott King and so many oth- in the challenge of systems that pre- 20th century equivalent of Thomas Jef- ers, risked and in some cases sacrificed vented millions of Americans from ex- ferson’s ‘‘fire bell in the night.’’ Yet their lives to uphold American prin- ercising their right to vote. For a hun- more than a generation passed between ciples, but to build a stronger founda- dred years after the Civil War, millions the publication of Myrdal’s study and tion for the Nation we will leave to our of African Americans were denied this the passage of the Voting Rights Act. children and grandchildren. fundamental right, despite the 15th As we debate this legislation and recall The committee brought this bill to amendment to the Constitution that the tremendous sacrifices of Fannie the Senate floor having constructed a prohibited the denial of the right to Lou Hamer, Rosa Parks, and Coretta compelling record that shows we have vote on the basis of race. Poll taxes, Scott King, after whom the legislation made progress but that entrenched dis- literacy tests, and grandfather is named, I also call to my colleagues’ criminatory practices—some obvious c1auses—as well as violence—were used attention the riveting autobiography and some hidden—remain. In uniting to to deny African-American citizens the of our House colleague Congressman support H.R. 9 and enacting this legis- right to vote in many Southern States. JOHN LEWIS who for 20 years has rep- lation, we will be acting in a spirit true During the 1960s, to secure this most resented Georgia’s ninth district with to our better selves, to our Nation, and basic right, the cost was high: church such great distinction. to the generations yet to come. burnings, bombings, shootings, and On March 7, 1965, JOHN LEWIS was in Mr. LEVIN. Mr. President, I strongly beatings. It required the ultimate sac- Selma, AL, his home State, preparing and enthusiastically support the rifice of ordinary Americans: James with hundreds of others to march from Fannie Lou Hamer, Rosa Parks, and Chaney, Andrew Goodman, and Michael Selma to Montgomery to assert the Coretta Scott King Voting Rights Act Schwerner, who simply sought to reg- right to vote which at that time was Reauthorization of 2006, S. 2703. The ister voters in Mississippi; Jimmie Lee granted or denied solely at the discre- right to vote is the foundation of our Jackson, whose death precipitated the tion of the State governments. ‘‘Many democracy, and the Voting Rights Act famous march from Selma to Mont- of the men and women gathered on provides the legal basis to protect this gomery; Viola Liuzzo, a White Detroit

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.077 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8001 homemaker and mother of five who want rain without thunder and lightning. support reauthorizing the Voting was killed by a Ku Klux Klansmen’s The struggle may be a moral one, or it may Rights Act today. bullet after she participated in the be a physical one, but it must be a struggle. Mr. AKAKA. Mr. President, I rise Selma to Montgomery march; and the Power concedes nothing without demand. It today in strong support of the Fannie never did, and it never will. four little Black girls killed in the Bir- Lou Hamer, Rosa Parks, and Coretta mingham church bombing—Denise Their fight, their struggle resulted in Scott King Voting Rights Act Reau- McNair, Carole Robertson, Addie Mae the Voting Rights Act being passed. thorization and Amendments Act of Collins, and Cynthia Wesley; Medgar This legislation guarantees one of the 2006, VRA. The right to vote is the cor- Evers, who had organized voter reg- most important civil rights that every nerstone of our democracy, and it is istration in Mississippi for the NAACP citizen may vote. It is the very founda- central that every American have the and was gunned down in his driveway; tion of our democracy. It has elimi- right to vote. I am a proud original co- the horrible beatings of John Lewis nated discriminatory practices such as sponsor of this bill, and I hope that the and of Fannie Lou Hamer and Aaron poll taxes and literacy tests. It has reauthorization of the VRA will con- Henry of Mississippi. Like Dr. Martin made it possible for African Americans tinue to protect our country’s demo- Luther King, Jr., and Rosa Parks, their to vote and hold elective office. cratic promise. names are forever etched in this Na- We have come a long way since the The VRA is one of the most signifi- tion’s history. original Voting Rights Act was passed cant pieces of civil rights legislation to The impact of these tragic revela- in 1965. Yet we have a long way to go. ever become law. The act reaffirms the tions and the subsequent enactment of As recent as 2004, we have seen voters 15th amendment of the Constitution, the Voting Rights Act is stark. In Ala- disenfranchised, broken election ma- which promised that the ‘‘right of citi- bama, Black voter registration in- chines, and problems with people cast- zens of the United States to vote shall creased from 0.4 percent in 1940 to 23 ing their ballots on election day. We not be denied or abridged by the United percent in 1964 and more than doubled saw this in the 2000 Presidential elec- States or by any state on account of from 1954 to 1968, to 56.7 percent. Mis- tions, too. race, color, or previous condition of sissippi’s Black voter registration went In 2000, we all learned that many bal- servitude.’’ In 1965, Congress recognized from 6.7 percent in 1964 to 54.4 percent lots, many peoples’ votes, were thrown that this promise remained unfulfilled, in 1968. And the increase was reflected out, lost, misplaced or miscounted. We and that barriers such as literacy tests in many other cities and States nation- saw election officials who did not know and poll taxes prevented many Amer- wide. the rules and some who appeared to ig- ican citizens from exercising their Let us do what we must do. Our de- nore the rules. And where did much of right to vote. The VRA has addressed mocracy depends on protecting the this happen? In minority neighbor- these problems by prohibiting discrimi- right of every American citizen to vote hoods, in cities, economically dis- nation and providing language assist- in every election. Let us resoundingly tressed areas across the Nation. I ask ance to those who needed it. reauthorize the Voting Rights Act. myself, is this just a coincidence? As an Asian American, this bill is of Ms. MIKULSKI. Mr. President, I rise Those communities don’t think so. It is personal importance to me. I know of today to give my strong support of the critical that we let them know we take many Asian Americans who have expe- Voting Rights Reauthorization Act. I their concerns seriously. rienced difficulty in the polls over the am a proud cosponsor of this important This legislation recognizes that elec- years, particularly due to language and needed legislation. tion reform is still needed. Voters are barriers. According to the 2000 Census, In 2006, there are still places in scared to come forward and cast their 77 percent of Asian Americans speak a America where voters are intimidated vote in some parts of this country. language other than English in their and turned away from the polls. Ameri- There are places where voters are not homes. Asian Americans who came as cans are being denied the most basic getting assistance at the polls whether refugees are the most likely to face and fundamental right as an American it is language access or access to accu- language barriers. For example, 67 per- the right to vote. That is why this bill rate information. This is unacceptable. cent of Vietnamese Americans over 18 is needed more than ever. It is un-American. are limited English proficient. They I am proud to be here to speak as the Reauthorizing the Voting Rights Act follow the news closely, but often by Senator from Maryland. From the dark will help guarantee the right to vote accessing newspapers and other media days of slavery to the civil rights for all Americans. The bill does four in their native languages. Section 5 of movement, Marylanders have led the important things. First, it requires the VRA will help provide Asian Amer- way to end discrimination. The bril- States with a history of racial dis- icans with equal access to the polls, en- liant Frederick Douglass, who was the crimination to have their voting laws suring that they are able to participate voice of the voiceless in the struggle precleared by the Department of Jus- in the political process and empow- against slavery; the courageous Harriet tice. This extra layer of oversight is ering them to make a difference in Tubman, who delivered 300 slaves to still necessary to protect minority vot- their communities. freedom on her Underground Railroad; ers. Second, it prohibits all States from Over the years, our country has come and the great Thurgood Marshall, from imposing any requirements that would a long way. But unfortunately, barriers arguing Brown v. Board of Education deny a U.S. citizen the right to vote to equal political participation remain. to serving as a Supreme Court Jus- based on race, color, or language abil- Some minority voters still face obsta- tice—all were Marylanders. ity. Third, it requires language assist- cles to making their political voice Not just Marylanders but civil rights ance at the polls if a U.S. citizen has heard. There is evidence of attempts to leaders and activists from all over this difficulty speaking or reading English. mute the strength of minority voters country fought hard to get the right to Finally, it authorizes the Federal Gov- via unfair redistricting. Further, the vote. Over 600 people marched from ernment to send Federal election mon- lack of bilingual ballots prevents some Selma to Montgomery they were itors to minority voter districts to pre- voters from even casting their vote. stopped, beaten, but not defeated. vent voter intimidation. This type of ongoing discrimination These brave men and women continued This is not a Republican or a Demo- proves why we still need the VRA. to march, continued to fight until they cratic issue. Ensuring that every reg- Over the years, Congress has reau- got the right to vote. istered voter who wants to vote can thorized the VRA four times. The bill They had to challenge the establish- vote is not a partisan issue. It is what before us today would reauthorize ment and to say ‘‘now’’ when others America stands for. three key enforcement provisions of told them to ‘‘wait.’’ Holding dear to We must stand up for what America the VRA which would otherwise expire their hearts the words of Frederick stands for: opportunity, equality, and in 2007: Section 5, which requires juris- Douglass: empowerment. We must make sure dictions with a history of discrimina- If there is no struggle, there is no progress. there is no discrimination of any kind, tion to obtain Federal clearance before Those who profess to favor freedom, yet dep- anywhere in America whether it is the introducing new voting practices or recate agitation are men who don’t want old-fashioned kind or the new-fash- procedures; Section 203, which requires crops without plowing the ground. They ioned kind. I urge my colleagues to communities with large populations of

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.017 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8002 CONGRESSIONAL RECORD — SENATE July 20, 2006 non-English speakers to provide lan- commission to conduct an investiga- needed to break the 95-year-old obsta- guage assistance; and Section 8, which tion into vote discrimination in prepa- cle to Black voter participation. authorizes the Attorney General to ap- ration for this most recent reauthor- The Voting Rights Act of 1965 pro- point Federal election observers to en- ization proposal. The conclusions of vided the solution. That law was and sure that minority citizens will have the Commission, echoed in the many remains unique by enforcing the law full access to the ballot box. congressional hearings held on the law, before a new State voting statute goes There is no question that all of these was that, while the Voting Rights Act into effect rather than fighting it out provisions are important and nec- has successfully eliminated systematic after the fact for years in court. The essary, and I commend the members of efforts to disenfranchise voters, re- section 5 ‘‘pre-clearance’’ procedure— the Judiciary Committee for their strictions to ballot access and weak- along with the banning of literacy strong bipartisan work on this issue. I ening of the minority vote are still oc- texts, poll taxes, and the like—finally hope my colleagues will join me in sup- curring. In fact, the Commission re- worked. Soon, African-American voters porting this critical piece of legisla- ported that attempts to repress the mi- did not face an unequal burden to sim- tion, and I look forward to the Presi- nority vote, ‘‘are still encountered in ply exercise their constitutional right dent signing it into law. every election cycle across the coun- to vote. Mr. REED. Mr. President, as a co- try,’’ citing deterrents against English- Yet our work was far from over in sponsor of the Senate bill, I am pleased language minorities, unduly burden- 1965. Arguably, the great successes of the Senate is considering the Fannie some requirements for registration and the act we speak of today would not Lou Hamer, Rosa Parks, and Coretta voting, and election laws that result in have been realized had Congress not Scott King Voting Rights Reauthoriza- vote dilution. Unfortunately, the 41 amended and extended the act in 1970, tion and Amendments Act, H.R. 9. years this law has been in effect have 1975, 1982 and 1992. Important improve- The Voting Rights Act was signed not yet overcome centuries of discrimi- ments were made to the Act during into law 41 years ago as a direct reac- natory practice. that time, including the addition of bi- tion to the vicious attacks against Since the last reauthorization, the lingual voter assistance in certain ju- civil rights demonstrators crossing the Supreme Court, in Reno v. Bossier Par- risdictions with a substantial number Edmund Pettus Bridge in Selma, AL. ish II and Georgia v. Ashcroft, has also of non-native English speakers. Ac- After these attacks, President Johnson curtailed the intent of section 5 of the cordingly, our bill includes amend- was able to end a long deadlock with Voting Rights Act, deciding that the ments which address recent Supreme certain Members of Congress attempt- act does not prohibit redistricting with Court decisions that have made en- ing to weaken the legislation. The act the purpose or effect of weakening mi- forcement of some parts of the act un- clear. passed in August 1965 and successfully nority votes. Many of the changes in As we all know, key provisions of the prohibited measures that localities had the bill before us were drafted as a di- Voting Rights Act are set to expire developed to disenfranchise racial and rect response to these cases. This act ethnic minorities, such as literacy next year. We have made enormous not only renews the expiring provi- gains for voting rights since 1965, but tests, ‘‘grandfather clauses,’’ character sions, it restores the original intent of we should not assume that the vig- assessments, poll taxes, and intimida- section 5 by prohibiting the approval of orous protections of the act have out- tion techniques, often violent. It was any proposed election law change hav- lived their use. To the contrary, ex- also drafted to prevent the racial ger- ing the effect of diluting a minority tending the act for another 25 years rymandering, at-large election sys- voting population. will ensure that these hard-fought tems, staggered terms, and runoff re- As my courageous colleague, John rights will remain in place. quirements certain jurisdictions were Lewis, has said, ‘‘The sad truth is dis- Evidence supports this sentiment using to dilute the effect of the minor- crimination still exists. We must not when one considers that the Depart- ity vote. go back to the dark past.’’ ment of Justice deemed 626 proposed Since then, sections 2 and 4 of the This reauthorization will provide the election law changes discriminatory law, prohibiting the use of tests and de- tools we need to honor our constitu- since the last extension of the act in vices intended to dissuade minority tional commitment to allow all of our 1982. Past experience teaches us that voting, have made obvious attempts to citizens to vote. It reinvigorates the we cannot rely upon the courts alone disenfranchise minorities a thing of the guarantee that is the foundation of our to protect the constitutional right to past. By requiring district court or at- democracy the right to vote and it is a vote. Quite simply, the Voting Rights torney general determination of wheth- pledge not to return to a time when, as Act, and specifically section 5, has er a proposed election change would Martin Luther King said, ‘‘The denial worked. The record demonstrates that abridge voting rights, section 5 has de- of this sacred right [was] a tragic be- it continues to be needed to enforce the terred measures frequently used before trayal of the highest mandates of our guarantees of the 14th and 15th Amend- 1965 to weaken minority votes. democratic tradition.’’ ments. Thanks to the original law and the I am honored to support this bill and We commend Chairman SPECTER for reauthorizations that followed, an in- would like to thank my colleagues, holding this series of hearings on the creasing number of African Americans, Senators SPECTER and LEAHY, for their Voting Rights Act. Furthermore, we Latinos, and Native Americans have work and leadership in bringing it to note the House passed its reauthoriza- been voting, decreasing the gap be- the floor. tion of the Voting Rights Act last week tween white and minority turnout. Mi- Mr. KOHL. Mr. President, today the without amendment, and I trust we can norities report fewer attempts to cur- Senate will debate and consider the and will do the same here in the Sen- tail their rights and minority districts Voting Rights Act Reauthorization and ate. Most of us believe the record dem- have allowed a greater number of Afri- Amendments Act of 2006. We can all onstrates that the act should remain in can Americans, Asian Americans, and agree that the Voting Rights Act was force, and I strongly urge my col- Hispanic Americans to be elected to of- one of the most significant civil rights leagues to support is extension. fice. The Voting Rights Act, then, has laws ever enacted in this country. Yes- MS. LANDRIEU. Mr. President, the been successful in helping to carry out terday, the Judiciary Committee Voting Rights Act of 1965 was written the promise of the 15th amendment. unanimously supported this bill, and to prevent both direct and indirect as- Since 1965, Congress has responded to today we hope the full Senate will pass saults on the right to vote. It outlawed continuing or new evidence of dis- it as soon as possible. the poll taxes and literacy tests and es- enfranchisement and vote dilution This landmark law reversed nearly tablished a system of Federal marshals through the Voting Rights Act reau- 100 years of African-American dis- to help African Americans in the South thorization process. And this reauthor- enfranchisement. It took years for Con- vote. It also required covered jurisdic- ization is no different. gress to devise a law that could not be tions to get Federal preapproval before The nonpartisan Lawyer’s Com- circumvented or ignored through changing their election laws or any mittee for Civil Rights, which Presi- lengthy litigation or creative interpre- other voting procedure. dent John F. Kennedy created to pro- tation. After numerous failures, a These changes have made our polit- mote voting equality, established a stronger remedy free of litigation was ical system more representative and

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.080 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8003 more just. The Voting Rights Act pro- the Act you have passed and that I will sign can come to Washington to meet with tects basic constitutional rights. Mil- today. his or her Senators, and I am grateful lions of African Americans have been Now is the time to renew that pledge so many people do. Across the country, added to the voting rolls since the act for freedom by reauthorizing the Vot- the number of African-American elect- was passed. In 1965, there were only 300 ing Rights Act, and I am proud to co- ed officials has increased from just 300 African American elected officials in sponsor this legislation. in 1964 to more than 9,000 today, includ- our country. Today, there are more I thank Chairman SPECTER and ing 43 Members of Congress. than 9,100 African Americans who serve Ranking Member LEAHY for their ef- But with some regret, we must con- in elected public offices and nearly forts to report this legislation out of clude that the Voting Rights Act is as 6,000 Latino elected officials. their committee with unanimous sup- necessary today as it has ever been. There are those who say that, while port yesterday. I hope the full Senate For as long as the law continues to be this act may have once been needed, it will show the same level of support violated, we still need that law. is no longer required today. I under- when the bill is voted on this after- Since 1982, when the act was last ex- stand their argument but do not agree noon. tended, there have been more than 1,000 with it. I do believe, however, that The importance of renewing this act complaints of violations of the Voting their argument is entitled to an an- was driven home to me yesterday Rights Act all across the country. Just swer. when, like many of my colleagues, I last month, the Supreme Court struck My answer is this: Renewing expiring met with a delegation from my State’s down parts of the redistricting plan in provisions of the Voting Rights Act chapter of the NAACP—here for the an- Texas because the court ruled that the will ensure that the battle for fairness nual NAACP meeting and to visit with plan disenfranchised large numbers of in our political system is carried on their congressional delegation. Hispanic voters. with the full force of law behind it. We The meeting was not only a wonder- As long as there are efforts to dilute certainly still need these protections ful opportunity to see about 40 old the votes of some or to make it more today. While many of the more obvious friends, it was a demonstration of the difficult for any of our fellow citizens and widespread abuses have been elimi- fundamental constitutional principle to vote, we need the Voting Rights Act nated, isolated cases of voting dis- that powers our Republic—the right to and the provisions that are set to ex- crimination and intimidation remain. petition the government about the pire next year. They may be subtle, but they are none- issues that matter most. I urge my colleagues to pass this leg- theless unfair and intolerable, and they Of course, it strikes me that 40 years islation today because the march to- extend to not only African Americans ago, while Senators on the floor of this ward equality must continue. But I but to others as well. A recent court very Chamber debated the original look forward to the day when it is no case described nearly two decades of Voting Rights Act, some of those con- longer needed because we have voting rights abuses against Native stituents’ own parents and grand- achieved the ideal where each and Americans in South Dakota. We have parents could not even cast a vote every vote cast in this great democracy heard about people videotaping the li- without fear for their own lives. And of ours has the same voice and carries cense plates of Mexican Americans as that was for one reason—because they the same weight and that everyone they went to vote in Dona Ana County, were Black. Those were tragic times who wants to vote can do so with ease NM, in 2004. As recently as 2001, local for America. and without fear of discrimination. officials in Kilmichael, MS, canceled I remember my own trip to Mis- I urge my colleagues to pass this leg- elections out of fear that an African- sissippi in 1963, as a senior in college islation today because the civil rights American mayor might be elected. The when I joined with friends on a trip to march must continue because we can- Voting Rights Act allowed the Justice Mississippi to draw attention to the not confuse progress with victory. Department to intervene, ensuring cause of enfranchising African-Amer- As Martin Luther King said on the that the right to vote was protected, ican voters. Our goal, like others who front steps of the Lincoln Memorial, a and 2 years late Kilmichael elected its made similar journeys, was to support speech I heard in person, we can never first African-American mayor. the fight of the young heroes of the be satisfied until every citizen can vote Mr. President, history tells us that civil rights movement—Black men and and every citizen has something to the justification for the continuance of women who. sat at lunch counters, who vote for. this law is compellingf. It also tells us refused to move to the back of the And when that day comes, when we that full and fair enforcement of this buses, who peacefully but powerfully have achieved full voting rights and law is essential, too. That is why I cast demanded the most basic rights every civil rights for all Americans, Dr. King my vote for justice. That is why I cast American deserves—including the right can look down from Heaven, his mis- my vote for the Fannie Lou Hamer, to cast a vote. sion finally fulfilled, and call out: Rosa Parks, and Coretta Scott King I like to believe our trip to Mis- ‘‘Free at last! Free at last! Thank Voting Rights Reauthorization Act. sissippi was a small step in the march God almighty, they are free at last.’’ Mr. LIEBERMAN. Mr. President, I toward equality that Dr. King and Mr. BIDEN. Mr. President, I would rise today to speak in support of the other civil rights leaders, like Rep- like to spend just a few minutes talk- vital need to reauthorize key provi- resentative JOHN LEWIS from Georgia, ing about why I support this Voting sions of the Voting Rights Act of 1965, who sat at those lunch counters, Rights Act reauthorization. among the most significant pieces of pressed upon the American conscience The Supreme Court has said voting civil rights legislation Congress has in those heavy days. rights are so important because they ever passed. But my meeting with the Con- are ‘‘preservative of all rights’’ (Yick As we are approaching the 41st anni- necticut chapter of the NAACP re- Wo v. Hopkins (1886)). I couldn’t agree versary of the act, perhaps it is impor- minded me the march toward equal more, and that is why the Voting tant to remember the words of Presi- rights is not over. Rights Act was and is so centrally im- dent Lyndon Johnson who signed this In my meeting, one woman asked, portant to our country. bill into law on August 6, 1965, as Dr. ‘‘Why does Congress even have to ex- Martin Luther King, Jr., called Presi- Martin Luther King, Jr. looked on. tend the Voting Rights Act? Why is the dent Johnson’s support of the Voting Johnson’s words spoke to all Ameri- law not permanent?’’ Rights Act ‘‘a shining moment in the cans—then and now—about the impor- I explained that Congress passes leg- conscience of man.’’ That moment tance of the right to vote. He said: islation that automatically expires be- must continue. The central fact of American civilization— cause it is important to assess whether The act began a true transformation one so hard for others to understand—is that a law is working as intended, whether of our country. In 1964, there were only freedom and justice and the dignity of man it needs changing to address new con- 300 African Americans in public office, are not just words to us. We believe in them. . . . Every family across this great, entire, cerns, or whether it is needed at all. including just three in Congress. There searching land will live stronger in liberty, Thanks to the Voting Rights Act of were exceptionally few anywhere in the will live more splendid in expectation, and 1965, every American now has the op- South. Today, there are more than will be prouder to be American because of portunity to vote and any American 9,100 Black elected officials, including

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.026 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8004 CONGRESSIONAL RECORD — SENATE July 20, 2006 43 Members of Congress, the largest knowing if you were white you could portunities is to make sure that they number ever. eat there, and if you were not white, have the opportunity every November, The act helped open the way for the you could not. I remember seeing the or whenever, to go into the voting 6,000 Latino public officials elected and water fountains, whites only, colored booth, be registered to vote, and exer- appointed nationwide, including 263 at only. cise their constitutional right. By the the State or Federal level, 27 of whom I remember going to the Rialto the- passage of this legislation today, we re- serve in Congress. ater with my sister, watching three affirm our commitment to that sacred One of the leaders of the civil rights movies on a Saturday afternoon for 25 right. movement, Congressman JOHN LEWIS, cents. If you were white, you got to sit As one who came here 41 years ago, has characterized the impact of the on the first floor. If you were not, you when my very first experience in the Voting Rights Act this way: ‘‘It not sat up in the balcony. I remember Capitol as an 18-year-old teenager was only transformed Southern politics, it going to catch the bus across the street the debate on this legislation, to be transformed the nation.’’ I couldn’t from my house and going about 10 back here today as a Member of the agree more. miles on a bus to high school and Senate, something I never thought pos- But we shouldn’t just rest on the suc- knowing that the kids of color, about sible, is an uplifting experience for me. cesses of the recent past. We must re- 100 yards further away from us, would I hope it serves as an inspiration to main vigilant. For hundreds of years, get on their bus and head out to go to young men and women of whatever our country struggled with slavery and their school, driving by mine and going race or background they might be. I the fact that nothing more than a per- another 10 miles to their own school. thank the leader. son’s skin color could determine his or The PRESIDING OFFICER. Under I yield back my time. her prospects in life. Even after we en- the order that was agreed to by unani- Mr. REID. Mr. President, how much acted the 15th amendment, our country mous consent, the Democratic leader time did the Senator from Delaware struggled with Jim Crow laws and per- has the floor at 4 o’clock. use? Mr. REID. Will the Senator from sistent discrimination. The PRESIDING OFFICER. Three Delaware indicate how much more We have now had the Voting Rights minutes. Act for 40 years, which may seem like time he needs? Mr. CARPER. If I could have 3 min- Mr. REID. Mr. President, I yield to a long time, but compared against our the Senator from Vermont, Mr. LEAHY. long and shameful history of race dis- utes. Mr. REID. I yield the Senator 3 min- Mr. LEAHY. Mr. President, earlier crimination, 40 years seems pretty utes. this afternoon when I was not on the short. The PRESIDING OFFICER. The Sen- Senate floor, a few Republican Sen- Thankfully, we have come a long way ator from Delaware. ators gave statements that reflected since signs emblazoned windows read: Mr. CARPER. In addition to not their individual views of what the leg- ‘‘colored need not apply’’ and ‘‘Whites being able to drink water at fountains islation we are considering today will only.’’ But let’s not be lulled into a with us, eat in the same restaurants, do to address the Supreme Court’s in- false sense of security: racism—though go to movies, ride on the bus or go to terpretation of legislative intent in the much more subtle—still exists. African school with the rest of us, the other Georgia v. Ashcroft and Reno v. Bos- Americans can apply for a job all right thing that folks of color couldn’t do in sier Parish cases. While I am not fully but they might not get it because my hometown was vote. They couldn’t informed of their positions, I certainly ‘‘they’re not the right type,’’ or ‘‘they vote because they didn’t pay a poll tax. disagree with what I heard. just wouldn’t fit in.’’ New words for old They couldn’t vote because they In the Senate Judiciary Committee sins. weren’t smart enough allegedly to pass we received extensive testimony about Our recent history still finds sophis- the test they had to take in order to these two provisions over the course of ticated discrimination occurring when become voters. several hearings that informed our it comes to voting; and we must be es- I came here in 1965, barely out of Committee vote yesterday. I ask unan- pecially vigilant here because voting is high school, 18 years old. I went to the imous consent to have printed in the such a cornerstone of our democracy. Rayburn Building and happened to RECORD a full explanation of the testi- We must continue to ensure diversity walk into a hearing in 1965 by the mony we received that informed our in our democracy and protect the House Judiciary Committee on this vote yesterday and my understanding rights of all Americans irrespective of legislation, the Voting Rights Act of of the purpose and scope of these two race, gender, or national origin. 1965. The enactment of that legislation provisions as an original and lead spon- That is why I strongly support this did more to change things in my town sor. reauthorization of the Voting Rights of Danville, VA, and a lot of towns in There being no objection, the mate- Act and am a cosponsor. this country, especially in the South, rial was ordered to be printed in the Authorizing the Voting Rights Act than any one thing I can think of. RECORD, as follows: will be one of the most important Yesterday, as several of us in the GEORGIA V. ASHCROFT FIX things we can do this year, and I look Senate rolled out something we called forward to helping in any way that I the Restoring the American Dream Ini- The first of these provisions is commonly referred to as the ‘‘Georgia vs. Ashcroft fix.’’ can. tiative, we started off by trying to In the Judiciary Committee we received I yield the floor. make sure that everybody who wanted evidence that the Voting Rights Act had The PRESIDING OFFICER. The Sen- to go to college had the ability to get been significantly weakened by the Supreme ator from Delaware. to college. If we are going to be suc- Court’s decision in Georgia v. Ashcroft be- Mr. CARPER. Mr. President, I grew cessful as a nation in the 21st century, cause it narrowed the protections afforded up in Danville, VA. The town of we need a world class workforce. We by Section 5. Prior to the Ashcroft decision, Danville, a town of about 30,000 people can’t have that unless we have well- an objection would be raised by the Depart- right on the North Carolina border, educated, college-educated people. In ment of Justice if the voting change made was famous for three things when I was the position of minority voters worse off in order to have those kinds of opportuni- terms of their ability to elect candidates of growing up there. It was the home of ties, before we ever get to college we their choice. In Ashcroft, the Supreme Court the Dan River cotton mills, it was fa- have to make sure kids have a decent replaced the clear and administrable ‘‘ability mous for being the world’s biggest to- chance to go to good elementary, mid- to elect’’ standard with an unworkable ‘‘to- bacco market, and it was famous for dle, and high schools. And in order for tality of the circumstances’’ standard that being the last capital of the Confed- anybody to have the American dream, appears to permit the trading away of dis- eracy. I remember as a child riding it is important to have a chance to get tricts in which minority voters have the op- back and forth to Danville, VA from a decent job, have a chance to be a portunity to elect candidates of their choice our home outside of town and riding in for districts in which minority voters may home owner, raise a family, work hard, (or may not) have an ‘‘influence’’ over who is the front of the bus, knowing that and live in a community and practice elected. other people of color would ride in the your faith. It is my understanding that the bill we are back of the bus. I remember visiting The one best way to ensure that peo- considering here today clarifies congres- downtown and going to restaurants, ple of all walks of life have those op- sional intent after the Georgia v. Ashcroft

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.027 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8005 decision by re-establishing that Section 5 re- The impact of ‘‘influence districts’’ is par- a preferred candidate. But there is no ‘‘magic quires that there be no retrogression of mi- ticularly ephemeral where the existence of number’’ that every district must maintain nority voters’ ability to elect the candidate racially polarized voting means that elected to satisfy the ‘‘ability to elect’’ standard; of their choice—the standard described in officials do not need minority voters to re- the percentages will vary depending on such Beer v. United States that governed Section tain their seats. As Laughlin McDonald, Di- variables as the extent of racially polarized 5 preclearance decisions prior to the Su- rector of ACLU’s Voting Rights Project, tes- voting and white crossover voting, registra- preme Court’s decision in Ashcroft. tified, racially polarized voting means that tion rates, citizenship variables, and the de- The drafters of this legislation concluded African-Americans may have little or no in- gree of voter turnout. As both Professor that ‘‘ability to elect’’ was the proper stand- fluence in majority white districts. In the Arrington and Professor Persily stated in ard because it preserves the gains made in 1970s and 1980s, only about 1% of majority their testimony, all of these considerations minority voting power and provides a more white districts in the South elected an Afri- should come into play, making the ‘‘ability manageable standard to guide covered juris- can-American to a state legislature. As late to elect’’ standard one that turns on the con- dictions, the Department of Justice, and the as 1988, no African-American had been elect- text of the districts at issue, as was the case federal courts as they review voting changes ed from a majority white district in Ala- under the Beer standard. pursuant to Section 5. bama, Arkansas, Louisiana, Mississippi, or The ‘‘ability to elect’’ standard does not The bill we are considering today re-estab- South Carolina. The ACLU’s Voting Rights lock in districts that meet any particular lishes the ‘‘ability to elect’’ standard be- Project Report described the pervasiveness threshold. Determinations about whether a cause the ‘‘totality of the circumstances’’ of racial bloc voting in covered jurisdictions. district provides the minority community test articulated in the Ashcroft decision un- For example, in Smith v. Beasley, decided in the ability to elect must be made on a case- dermines Section 5’s ability to protect 1992, a three-judge court found that ‘‘[i]n by-case basis. Indeed, prior to Georgia v. against discrimination and maintain the South Carolina, voting has been, and still is, Ashcroft, the Department of Justice utilized progress made in minority political partici- polarized by race. This voting pattern is gen- case-by-case analysis to determine whether a pation, and it creates an amorphous stand- eral throughout the state.’’ Ten years later, voting change impacted the minority com- ard that will be difficult for covered jurisdic- in 2002, another three-judge court made a munity’s ‘‘ability to elect.’’ Specifically, tions to follow and for the Justice Depart- similar finding: ‘‘Voting in South Carolina DOJ performed an intensely jurisdiction-spe- ment to administer. continues to be racially polarized to a very cific review of election results, demographic We in Congress who are supporting this bill high degree in all regions of the state and in data, maps and other information in order to determined that we must address this stand- both primary and general elections.’’ As re- compare the minority community’s ability ard for the same reasons as the dissent in cently as 2004, the Fourth Circuit affirmed to elect under benchmark and proposed Ashcroft noted, that is because the ‘‘totality the findings of a South Carolina district plans. Other information considered by DOJ, outlined in the Procedures for the Adminis- of the circumstances’’ test adopted by the court that ‘‘voting in Charleston County tration of Section 5 of the Voting Rights Supreme Court majority ‘‘unmoors § 5 from Council elections is severely and characteris- Act,’’ 28 C.F.R., Part 51, include the extent any practical and administrable conception tically polarized along racial lines.’’ to which a reasonable and legitimate jus- of minority influence’’ by abandoning the After Ashcroft, states can redistrict in tification for the change exists, the extent to ‘‘anchoring reference to electing a candidate ways that diminish minority voters’ polit- which the jurisdiction followed objective of choice’’ that had previously guided Sec- ical power. As Professor Nathaniel Persily guidelines and fair and conventional proce- tion 5 preclearance. testified, the ‘‘danger that Ashcroft seemed dures in adopting the change, the extent to In the Judiciary Committee we received to invite and that this legislation intends to which the jurisdiction afforded members of extensive testimony about the harm that the fix is the possibility that under the cloak of racial and language minority groups an op- Ashcroft decision has had on the power of ‘influence districts’ a jurisdiction might di- portunity to participate in the decision to Section 5 to protect minority voters. Polit- lute the minority vote by splitting large mi- make the change, and the extent to which ical science professor Theodore Arrington, nority communities among several districts the jurisdiction took the concerns of mem- who has served as an expert witness in over in which they really have no influence at bers of racial and language minority groups 30 voting rights cases, testified at the Com- all.’’ Professor Persily explained that under into account in making the change. This mittee’s hearings that the Ashcroft case cre- the Ashcroft precedent, the Department of analysis allows jurisdictions a degree of ated an ‘‘unworkable standard’’ because Justice could preclear a state redistricting flexibility in the adoption of their voting there is ‘‘no way to know how to comply plan that split a 60% minority district into changes. with the Court’s mandate.’’ The legislation two 30% minority influence districts, even In sum, to avoid violating Section 5’s non- we are considering today would add needed though such a plan would severely diminish retrogression standard, a covered state’s re- clarity. minority voters’ ability to elect their pre- districting must ensure that it has not di- The difficulty of measuring minority ‘‘in- ferred candidates. Moreover, combined with minished minority voters’ ability to elect fluence’’ was well-illustrated by the results the Supreme Court’s holding in Bossier II, a their candidates of choice. The ‘‘ability to in Georgia v. Ashcroft itself, as was pointed state legislature could enact these kinds of elect’’ standard that is being reestablished out in the Committee by Professor Pamela voting changes for the express purpose of dis- through the VRARA prevents all types of Karlan. The Supreme Court noted that most criminating against minority voters, and yet retrogressive changes, whether they come of the districts in which African-Americans they nonetheless might be precleared under from the dispersion of a minority commu- make up more than 20% of the electorate are Section 5. nity among too many districts (cracking) or majority-Democrat, which the Court con- The VRARA restores Section 5 to its origi- the overconcentration of minorities among cluded ‘‘make it more likely as a matter of nal intended meaning so that it prohibits too few (packing). fact that African-American voters will con- voting changes that undermine racial mi- BOSSIER FIX stitute an effective voting bloc, even if they norities’ ability to elect candidates of their The second of these provisions is usually cannot always elect the candidate of their choice. The VRARA provides that ‘‘[t]he pur- referred to as the ‘‘Bossier Fix.’’ choice.’’ However, in the three districts pose of subsection (b) of this section is to We have acted in this reauthorization to where African-American voters supposedly protect the ability of such [minority] citi- restore the VRA’s original standing and ef- retained an ‘‘influence’’ on their elected rep- zens to elect their preferred candidates of fectiveness. After hearing extensive testi- resentatives, the elected white representa- choice.’’ This change to Section 5 makes mony and carefully reviewing the record cre- tives switched from the Democratic to the clear that Congress rejects the Supreme ated in the Senate and in the House of Rep- Republican party in the two-week period be- Court’s Ashcroft decision and reestablishes resentatives, we concluded that the Supreme tween their election and the inauguration, that a covered state’s redistricting plan can- Court’s holding in a case called Reno v. Bos- which resulted in the Democrats losing con- not eliminate ‘‘ability to elect’’ districts and sier Parish (‘‘Bossier II’’), went against both trol of the Georgia State Senate. This result replace them with ‘‘influence districts.’’ the original intent of Congress and estab- undermined the Supreme Court’s view that The amendment to Section 5 does not, lished Department of Justice and judicial representatives elected in a minority ‘‘influ- however, freeze into place the current minor- precedent. Section 5 of the VRA requires ence district’’ would listen and respond to ity voter percentages in any given district. that all changes in covered jurisdictions their sizable minority constituents despite As stated by the dissenters in Georgia v. ‘‘not have the purpose and . . . not have the not being these voters’ preferred candidates. Ashcroft, as well as by Professor Arrington effect of denying or abridging the right to The aftermath of Georgia’s elections sup- and Professor Persily at the Committee vote on account of race or color.’’ Accord- ports the dissenting justices’ views that it is hearings, reducing the number of minorities ingly, the process for preclearing changes impossible for a court to measure minority in a district is perfectly consistent with the consists of two prongs. First, it consists of influence, and thus a state should not be pre-Ashcroft understanding of Section 5 as an inquiry as to the purpose of the change in granted preclearance for redistricting plans long as other factors demonstrate that mi- question. Then, it requires a separate exam- that trade away districts in which minority norities retain their ability to elect their ination into the effect of the change. A plan voters have the ability to elect their pre- preferred candidates. The amendment is in- may not receive preclearance without satis- ferred candidates for ones in which they tended to make clear that the addition of fying requirements under both prongs. Tradi- might have the ability to influence can- districts in which minorities might have an tionally, the purpose prong has been a com- didates elected by others. As Ashcroft itself influence on the political process cannot mon basis for Department of Justice objec- demonstrated, the appearance of influence compensate for the elimination of districts tions to plans submitted by covered jurisdic- might far exceed the reality. in which minorities have the ability to elect tions. However, since ‘‘Bossier II’’ the scope

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Rather, contrary to the sug- vote on account of race or color’’—they must it is also impossible to prove retrogressive gestions of a handful of my colleagues who prohibit the same activity. If Beer held that intent. The Bossier II interpretation of the wish to undermine what we accomplish the effects prong only prohibited ‘‘retrogres- purpose prong would freeze voter discrimina- today, this bill amends the VRA to make sion,’’ the Court’s majority reasoned that tion at existing levels, to the benefit of the clear that it prohibits all voting changes en- Section 5 would only prohibit retrogressive most discriminatory of jurisdictions. acted with a discriminatory purpose. intent. The end result of this argument was I find no evidence to suggest that the 94th Congress enacted Section 5 with such a lim- THE HOLDING IN BOSSIER II aptly summarized by Debo Adegbile, who testified: ‘‘Since [Bossier II], non-retrogres- ited—and indeed, paradoxical—scope in The controversy in Bossier II arose when mind. To the contrary, Section 5 was de- the school board (‘‘the Board’’) of Bossier sive voting changes motivated by racial ani- mus, no matter how clearly demonstrated signed to target precisely those areas with Parish, Louisiana sought to redraw the dis- the most entrenched histories of discrimina- tricts that elected its members. At the time . . . are insulated from Section 5 objection under the purpose prong.’’ Justice Souter, tion. The Supreme Court long recognized of the 1990s redistricting, African-Americans this. I agree with the findings of the House made up approximately 20% of the parish’s dissenting from the majority opinion, came to the same conclusion: ‘‘Now executive and Committee on the Judiciary, which con- population. They did not, however, comprise cluded that the purpose prong was designed a majority in any of the twelve school board judicial officers of the United States will be forced to preclear illegal and unconstitu- to prevent all voting changes with a dis- districts in the parish. In 1992, the Board criminatory intent. We reported VRARA and adopted a new redistricting plan that did not tional voting schemes patently intended to perpetuate discrimination.’’ will pass it today to restore the original un- create any new majority-African-American derstanding of that provision. districts, rejecting an alternate plan that PROBLEMS WITH THE PURPOSE PRONG UNDER In addition to contravening congressional would have created two majority-African- BOSSIER II intent, Bossier II is also in conflict with American districts. The holding in Bossier II is at odds with more than three decades of judicial and De- In January of the following year, the congressional intent and established judicial partment of Justice precedent. Prior to Bos- Board submitted its redistricting plan for and Department of Justice precedent. It ef- sier II, the Department of Justice inter- preclearance to the Department of Justice; fectively eviscerates the purpose prong of preted the purpose prong of Section 5 to upon objection by the Attorney General, the Section 5 and compromises the overall abil- block all changes enacted with a discrimina- Board filed suit for a declaratory judgment ity of Section 5 to combat innovative dis- tory intent, regardless of retrogressive ef- in the federal district court to obtain criminatory practices, which it was origi- fect. This was not a limited practice. Prior preclearance. At trial, the Attorney General nally designed to prohibit. Committee re- to Bossier II, a large percentage of all De- argued that the plan should not be approved ports from the 89th Congress uniformly sug- partment objections were based on discrimi- under Section 5 for two reasons. First, the gest that the Senate and House of Represent- natory purpose alone. plan diluted the voting strength of African- atives designed Section 5 as a broad protec- The Supreme Court reached the same con- American voters, in violation of a separate tion against increasingly innovative dis- clusion, consistently construing Section 5 as provision of the VRA, Section 2. Second, the criminatory practices. This is reflected in barring implementation of electoral changes plan was enacted with a discriminatory pur- the fact that the language of the provision if and when they were adopted with a dis- pose. closely parallels that of the 15th Amend- criminatory purpose. In City of Richmond v. At trial, DOJ presented extensive evidence ment, which prohibits intentional discrimi- United States, for example, the Court held that the plan was, in fact, enacted with a nation. This is not a coincidence; members of that a proposed annexation had no discrimi- discriminatory motive. The Board’s refusal both the Senate Judiciary Committee and natory effect under Section 5. However, the to draw a single African-American majority the House of Representatives Judiciary Com- Court nevertheless remanded the case to the district stood in stark contrast to its own mittee explicitly cited the VRA as a bill pri- District Court to determine if the change admission that creation of a majority-Afri- marily intended to enforce the 15th Amend- was adopted for a discriminatory purpose. As can-American district was clearly feasible, ment. the Court stated in City of Richmond: ‘‘An and in contrast to expert testimony that Af- In 1966, when the Supreme Court heard the official action, whether an annexation or rican-Americans would only be able to elect first constitutional challenge to the VRA, it otherwise, taken for the purpose of discrimi- their chosen candidate in such a district. reaffirmed the broad scope envisioned by nating against Negroes on account of their Moreover, the manner in which the districts Congress. In South Carolina v. Katzenbach, race has no legitimacy at all under our Con- were drawn suggested—in the Board cartog- the Court explained that the VRA was de- stitution or under the statute.’’ Likewise, in rapher’s own opinion—that traditionally Af- signed ‘‘to rid the country of racial discrimi- City of Pleasant Grove v. United States, a rican-American populations were purpose- nation in voting,’’ and described Section 5 as covered jurisdiction was denied preclearance fully divided into adjoining white districts, a ‘‘the heart of the Act.’’ Six years later, in for a proposed annexation, even though ret- process known as ‘‘fracturing.’’ Most alarm- Perkins v. Matthews, the Court stated that rogressive effect was impossible, because of ing, however, was testimony suggesting that there was ‘‘little question’’ that Congress in- clear evidence that the annexation was en- certain Board members were openly hostile tended Section 5 to ensure that covered ju- acted with a racially discriminatory purpose. to African-American representation or Afri- risdictions ‘‘not institute new laws with re- The Court explained that ‘‘[t]o hold other- can-American-majority districts. spect to voting that might have a racially wise would make appellant’s extraordinary In spite of this evidence, the trial court discriminatory purpose or effect.’’ In 1975, success in resisting integration thus far a precleared the plan. The case twice reached far from repudiating earlier Committee re- shield for further resistance.’’ Even in Beer, the Supreme Court on separate appeals. The ports or the statements in Katzenbach and the purported foundation for Bossier II, the first time, the Court agreed with the trial Perkins, this Committee further emphasized Court provided that changes that actually court that a voting change cannot be denied a broad role for Section 5, one that went be- improved the voting strength of minorities preclearance under Section 5 solely because yond the mere preservation of minority vot- could still be denied preclearance if they the change violated Section 2. The second ing strength. were intentionally discriminatory. The Dis- time—Bossier II—the Court addressed a more The purpose prong established by Bossier trict Court for the District of Columbia—the contentious question: whether Section 5 pro- II is far narrower than Congress intended. body charged with exclusive jurisdiction hibited all voting changes enacted with a While the retrogression standard defines pro- over Section 5 suits—also consistently held discriminatory purpose. The Court answered hibited effects, the same standard limits the (before Bossier II) that Section 5 prohibits this question in the negative, holding that purpose prong to the point of insignificance. changes enacted with a discriminatory in- Section 5 does not bar electoral changes en- After Bossier II, the only occasion in which tent. acted with a discriminatory purpose if those the purpose prong would be the sole basis for For thirty-five years, Congress reviewed changes were designed only to maintain, and a Department of Justice objection would be and renewed the Voting Rights Act and not worsen, the current electoral strength of when the covered jurisdiction intended to de- amended Section 2 in response to another a protected minority group. crease minority voting strength, but some- Supreme Court precedent, Mobile v. Bolden, Bossier II was premised on the holding in how failed in this effort. but Congress did not change or raise any ob- an earlier Section 5 case, Beer v. United More incongruously, however, as conceived jection to the judicial or Justice Department States. In Beer, the Supreme Court inter- by Bossier II, the purpose prong would actu- interpretations of the Section 5 purpose preted the effects prong to prohibit only ally reward those covered jurisdictions with prong. Instead, Congress reauthorized Sec- those changes that had a ‘‘retrogressive’’ im- the most extensive histories of minority vote tion 5 unamended on three separate occa- pact on the voting strength of minorities in dilution; this is what Professor Anita Earls sions. Until Bossier II, all three branches of a covered jurisdiction. The question of retro- described in hearings before the Judiciary government—the courts, the executive, and gression—whether or not a proposed plan de- Committee as the ‘‘discrimination divi- the legislature—appeared to be in agreement creased voting strength as compared to the dend.’’ Where a jurisdiction has traditionally that the purpose prong prohibited all

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.021 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8007 changes enacted with a discriminatory in- would also realign the purpose prong with Congress, from ‘‘Bloody Sunday’’ in tent. constitutional standards, allowing Section 5 1965 on the Edmund Pettis Bridge to BOSSIER II UNDERMINES THE EFFECTIVENESS to prohibit intentional discrimination that leading the fight in 2006 to reauthorize OF SECTION 5 would otherwise be unconstitutional under the Voting Rights Act, is a lesson to us Bossier II has had a striking impact on the the 15th Amendment. I reject any reading of Section 5 that would allow explicitly dis- all. The events of Bloody Sunday, were Section 5 purpose prong, minimizing the caught on television cameras, and number of purpose-based objections and un- criminatory voting changes to be precleared, dermining the overall ability of Section 5 to solely because the voting strength of the mi- those powerful images laid bare for all block discriminatory electoral practices in nority group in question cannot be further Americans the violence encountered by covered jurisdictions. The record of diminished. I believe that the VRARA rem- many African Americans trying to ex- preclearance objections after Bossier II sug- edies this problem and restores the purpose ercise their civil rights. It was a cru- gests that the purpose prong under Bossier II prong of Section 5 to prevent purposeful dis- cial turning point in securing the right crimination. has become inconsequential and has no to vote. A few days after the violence meaning apart from retrogressive effect. Mr. LEAHY. Mr. President, as the Senate stands poised to conclude this of Bloody Sunday, President Lyndon After Bossier II, there was a steep drop in Johnson outlined the proposed Voting the number of Department of Justice objec- debate and reauthorize the Voting tions based on purpose alone. In the 1980s, Rights Act, we recall the words of Mar- Rights Act of 1965, before a joint ses- 25% of DOJ objections—83 objections in tin Luther King, Jr., in his famous ‘‘I sion of Congress. Later that year, Con- total—were based on intent alone; in the have a Dream’’ speech, where he noted: gress passed it so that the Constitu- 1990s, this number increased to 43%, with 151 ‘‘When the architects of our republic tion’s guarantees of equal access to the objections solely based on discriminatory in- wrote the magnificent words of the electoral process, regardless of race, tent. In the five years following Bossier II, Constitution and the Declaration of would not be undermined by discrimi- only two out of a total of forty-three objec- natory practices. tions (4%) have been interposed because of Independence, they were signing a promissory note to which every Amer- Like the rights guaranteed by the retrogressive intent, the only purpose pro- First Amendment, the right to vote is hibited by Bossier II. In the words of one ican was to fall heir.’’ The Voting House Judiciary Committee witness, Mark Rights Act is one of the most impor- foundational because it secures the ef- Posner, the purpose prong ‘‘has effectively tant methods of enforcing this promise fective exercise of all other rights. As been read almost entirely out of Section 5.’’ and upholding the Constitution’s guar- people are able to register, vote, and According to Mr. Posner’s testimony, the antee of equal rights and equal protec- elect candidates of their choice, their impact of Bossier II on Section 5 enforce- tion of the law. We owe it those who interests and rights get attention. The ment is evident from the recent history of struggled so long and hard to trans- very legitimacy of our democratic Gov- decennial redistricting. After the 1980 Cen- ernment is dependent on the access all sus, the Department of Justice objected to form the landscape and make America 7% of redistricting plans filed by covered ju- a place of political inclusion to reau- Americans have to the electoral proc- risdictions; this rate increased to 8% after thorize this important Act. We all ess. the 1990 Census. In contrast, DOJ objected to enjoy these protections and take them Today we are poised to reaffirm a only 1% of redistricting plans filed after the for granted. No Senator would ever be cornerstone of our civil rights laws. As 2000 Census. There is strong evidence that denied the right to vote, but the same we do, we recall the great historic the drop is significantly attributable to the cannot be said about millions of others. struggle for civil rights led by Amer- absence of purpose-based objections. We act so that all Americans can enjoy ican heroes of vision and strength, such The inability of Section 5 to block changes as Fannie Lou Hamer, Rosa Parks, and enacted with a discriminatory intent is high- America’s bounty, its blessings and its ly troubling. At its core, the Voting Rights promise. Coretta Scott King, who passed away Act was designed to fight discrimination in On May 2, our congressional leader- just months ago. We honor their legacy American politics; the VRA is a vehicle to ship stood together on the steps of the by reaffirming our commitment to pro- enforce the 14th and 15th Amendments, Capitol—an historic announcement in tect the right to vote for all Ameri- which themselves prohibit intentional dis- an era of intense partisanship. We cans. crimination in various settings. Section 5 came together in recognition that The pervasive discriminatory tactics was the centerpiece of this effort, effectively there are few things as critical to our that led to the original Voting Rights shifting the burden of fighting racial dis- Nation, and to American citizenship, as Act were deeply rooted. As a Nation, crimination from the victims to the state. this effort to ensure equal protection Allowing expressly discriminatory plans to voting. In sharp contrast to the tre- attain preclearance solely because the vot- mendous resistance and bitter politics dates back more than 135 years to the ing strength of a minority group is too weak which met the initial enactment of the ratification of the 15th Amendment in to be further worsened undermines the origi- Voting Rights Act, our efforts this year 1870, the last of the post-Civil War Re- nal impetus of the VRA in general, and Sec- have overcome objections through dis- construction amendments. It took the tion 5 in particular. Furthermore, it shifts cussions, the hearing process and by passage of the Voting Rights Act of the burden of fighting voting discrimination developing an overwhelming record of 1965 for people of all races in many back to its victims. justification for extension of the expir- parts of our country to begin the effec- RESTORING SECTION 5 PURPOSE INQUIRY ing provisions. Last week, the House of tive exercise of rights granted 95 years For the reasons I have described, we find it Representatives, after a month of earlier by the 15th Amendment. De- necessary to amend Section 5 to restore the delay, passed H.R. 9 by a vote of 390–33, spite the additional gains we have purpose prong to its original scope, enabling the Attorney General and the District Court rejecting all efforts to reduce the made in enabling racial minorities to of the District of Columbia to object to any sweep and effect of the Voting Rights participate in the political life of the voting changes enacted with a discrimina- Act. Yesterday in the Senate Judiciary Nation, the work of the Voting Rights tory intent. The VRARA accomplishes this Committee, we did the same after al- Act is not yet done. by adding subsections (b) and (c) to Section most as long a delay in considering the In fact, in the recent LULAC deci- 5, which state that, ‘‘(b) Any voting quali- companion Senate bill. We acted sion, the Supreme Court—finding that fication or prerequisite to voting, or stand- unanimously to report the Senate bill. 100,000 Latino Americans were illegally ard, practice, or procedure with respect to Now it is up to the full Senate to com- disenfranchised in Texas—affirmed voting that has the purpose of or will have that racial discrimination against our the effect of diminishing the ability of any plete our work. citizens of the United States on account of As Congressman JOHN LEWIS said, Nation’s minorities persists today. It race or color, or in contravention of the ‘‘When historians pick up their pens proves that the protections of the Vot- guarantees set forth in section 4(f)(2), to and write about this period, let it be ing Rights Act are still needed. We elect their preferred candidates of choice de- said that those of us in the Congress in have this year undertaken an extensive nies or abridges the right to vote within the 2006, we did the right thing. And our process of congressional fact-finding. meaning of subsection (a) of this section,’’ forefathers and our foremothers would What it establishes is that we are right and ‘‘(c) The term ‘‘purpose’’ in subsections be very proud of us. Let us pass a clean to extend the protections of the Voting (a) and (b) of this section shall include any bill without any amendments.’’ I am Rights Act. discriminatory purpose.’’ These sections reject the holding in Bos- encouraged that we are so close to ac- In the Senate Judiciary Committee, sier II and clarify Congress’ original intent complishing this today. we held nine hearings on the Voting that Section 5 prohibit all voting changes The path that my good friend JOHN Rights Act. We received thousands of enacted with a discriminatory purpose. This LEWIS has taken from Selma, AL, to pages of testimony, reports, articles,

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.024 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8008 CONGRESSIONAL RECORD — SENATE July 20, 2006 letters, statistics, and other relevant The record also supports renewal of the United States Congress. In 1868, material from a wide variety of sources Sections 203 and 4(f)(4), which require Louisiana elected an African-American to inform our consideration. The evi- bilingual voting assistance for certain Lieutenant Governor, Oscar Dunn, and dence gathered, together with the language minority groups, to ensure 87 African Americans held seats in the record developed in a dozen hearings in that all Americans are able to exercise South Carolina legislature. However, the House provide us with an adequate their fundamental right as citizens to these Reconstruction-era gains in Afri- basis for Congress to determine that vote. According to the most recent in- can-American voting and representa- the protections of the Voting Rights formation from the Census, more than tion proved to be short-lived. Fol- Act are still needed both to maintain 70 percent of citizens who use language lowing the end of Reconstruction, the the gains already achieved and to con- assistance are native born, including rights of African-Americans to vote tinue to enforce the guarantees of Native Americans, Alaska natives and and to hold office were virtually elimi- equality enshrined in the 14th and 15th Puerto Ricans. Many of those who ben- nated in many areas through discrimi- Amendments. efit from Sections 203 and 4(f)(4) suffer natory legal barriers, intimidation, and Much of the testimony we received from inadequate educational opportu- violence. The changes were swift, sys- focused on the continuing need for Sec- nities to learn English. tematic and severe. By 1896, Represent- tions 5 and 203 of the Voting Rights Act These Americans are trying to vote ative George White of North Carolina as essential safeguards to the rights but many of them are struggling with was the only African American remain- and interests of Americans of all races the English language due to disparities ing in the U.S. Congress, and it would and our language minorities. in education and the incremental proc- take 72 years after Representative The record we have assembled and ess of learning. We can and we must re- White left Congress for African-Amer- consider justifies the renewal of Sec- authorize these provisions to make ican voters in the South to elect an- tion 5. This section requires certain ju- sure there is no literacy test at the other candidate of their choice to Con- risdictions with a history of discrimi- polling place. We endured a time in our nation to ‘‘pre-clear’’ all voting gress. Nation’s history when such tests In Mississippi, the percentage of Afri- changes with either the Justice De- disenfranchised many voters. Renewing can-American voting-age men reg- partment or the U.S. District Court for the expiring language provisions will istered to vote fell from over 90 percent the District of Columbia. In doing so, help enable all Americans to partici- during the Reconstruction period to Section 5 combats the practice of those jurisdictions of shifting from one in- pate fully in our Nation’s democracy. less than 6 percent in 1892. Between The record also supports the need to validated discriminatory tactic to an- 1896 and 1900, the number of African- amend the VRA to restore its original other, which had undermined earlier ef- American voters in Louisiana was re- purpose in response to two Supreme forts to enforce the 15th Amendment. duced from 130,000 to a mere 5,000. Un- Court decisions that have limited its After ‘‘enduring nearly a century of like the short-lived gains made by Afri- effectiveness. The bill remedies the Su- systematic resistance to the Fifteenth can-American voters during Recon- preme Court’s holding in Reno v. Bos- Amendment,’’ Congress found, it was struction, their exclusion from the bal- sier Parish, by making clear that a imperative to ‘‘shift the advantage of lot box was persistent. Only 3 percent time and inertia from the perpetrators voting rule change motivated by any of voting-age African-American men of the evil to its victims.’’ discriminatory purpose violates Sec- and women in the South were reg- Section 5 continues to be a tremen- tion 5. Under the holding in Reno v. istered to vote in 1940, only 1 percent in dous tool for protecting minority vot- Bossier Parish, certain voting rule Mississippi. These numbers provide a ing rights and a necessary one. For ex- changes passed with the intent to dis- lesson we cannot not ignore. ample, in 1992, the Attorney General criminate against minorities could The passage of the Voting Rights Act used Section 5 to stop Wrightsville, pass Section 5 muster. Because such an in 1965 was a turning point. We have GA, from relocating its polling place interpretation is inconsistent with con- made progress toward a more inclusive from the county courthouse to a pri- gressional intent and the purpose of democracy since then but I fear that if vate all-white club with a history of re- the Voting Rights Act to eliminate dis- we fail to reauthorize the expiring pro- fusing membership to black applicants criminatory tactics that undermine visions of the Voting Rights Act, we and a then-current practice of hosting the guarantees of the 15th Amendment, are likely to backslide. In his testi- functions to which blacks were not our bill fixes this inconsistency by mony before the Senate Judiciary welcome. Even more recently, in 2001, clarifying that a voting rule change Committee, civil rights lawyer Robert Kilmichael, Mississippi’s white mayor motivated by any discriminatory pur- McDuff warned: and all-white Board of Aldermen pose also cannot be pre-cleared. No place more than Mississippi has been abruptly cancelled an election after The bill also remedies the Supreme torn by slavery, by the lost promise of eman- Census data revealed that African Court’s holding in Georgia v. Ashcroft. cipation after the Reconstruction period, by Americans had become the majority in In this case, the Supreme Court pro- the resurgence of racist power in the latter part of the 19th century and most of the 20th, the town and an unprecedented number vided an unclear and unworkable test for assessing a jurisdiction’s challenge and by the legacy of poverty and racial sepa- of African-American candidates were ration that still exists. While people’s behav- running for office. The Justice Depart- to denial of Section 5 pre-clearance. ior and people’s hearts can change over time, ment objected under Section 5. Only Congressional intent was to protect the vigilance is required to ensure that laws and after the Justice Department forced ability of a minority community to structures remain in place to prevent us as a Kilmichael to hold an election in 2003 elect a candidate of its choice. This society from turning back to the worst im- did it elect its first African-American legislation clarifies our congressional pulses of the past. Occasional flashes of mayor, along with three African-Amer- intent by setting forth defined factors those impulses illustrate the need for that vigilance. Important changes have come to ican aldermen. to restore the original understanding of the Voting Rights Act to protect the pass in Mississippi in the last 40 years— These are just a couple of examples changes due in large part to the mechanisms that are representative of the barriers minority community’s ability to elect of the Voting Rights Act, particularly the to political participation that all too their preferred candidates of choice. preclearance provision of Section 5. But, like many American citizens still face It has often been said that those who the gains that were washed away after the today, in 2006. In addition to finding cannot remember the past are con- nation abandoned the goals of Reconstruc- extensive evidence that covered juris- demned to repeat it. We must make tion in 1876, the progress of the last 40 years dictions have continued to engage in certain that the significant gains in is not assured for the future. discriminatory tactics, we also found voting rights over the past four dec- When we have such legal protections that the Section 5 preclearance re- ades do not suffer the same fate as the that are proven effective when en- quirement has served a vital prophy- voting rights provided during Recon- forced, we should not abandon them lactic purpose in protecting against struction. After the Civil War, the Re- prematurely simply in the hope equal- discriminatory voting practices before construction Act promised that the ity will come. Reauthorizing and re- they go into place and securing the guarantees of the 15th Amendment storing the Voting Rights Act is the gains made in minority political par- would be realized. Between 1870 and right thing to do, not only for those ticipation. 1900, 22 African-Americans served in who came before—the brave people who

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.037 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8009 fought for equality—but also for those original landmark Voting Rights Act garet Edmonds, and our legal clerks who come after us, our children and in 1965. On this issue he is the Senate’s Robynn Sturm, Arline Duffy and Peter our grandchildren. No one’s right to leader. It has been an honor to work Jewett. vote should be abridged, suppressed or beside him in this important effort. I express my appreciation and admi- denied in the United States of America. And work he did. To assemble the ration for all they do to make Congress The Voting Rights Act of 1965 is one record required work. He came to our and America measure up to the prom- of the most important laws Congress hearings, helped organize them, helped ise of our Constitution and the vision has ever passed. It helped to usher the assemble the witnesses, and when Sen- that Fannie Lou Hamer, Rosa Parks, country out of a history of discrimina- ators from the majority were unavail- Coretta Scott King and Cesar Chavez tion into the greater inclusion of more able, he and I proceeded with the per- had for America. Americans in the decisions about our mission of our chairman to chair those As I said earlier today, all 100 Sen- Nation’s future. Our democracy and hearings. We would not be passing this ators have no problem voting. They our Nation are better and richer for it. bill without the overwhelming support can walk into a voting booth in their We cannot relent in our fight for the that it will have if it had not been for home State, and nobody is going to say fundamental civil rights of all Ameri- Senator KENNEDY. no. We have to make sure that every- cans. Congress has reauthorized and re- Of course, we also honor the senior body else is treated the same as we 100 vitalized the Act four times pursuant Senator from Hawaii who likewise Senators are. This is for us, this is for to its constitutional powers. This is no voted for the Voting Rights Act of 1965 our children, and on a personal level, time for backsliding, this is the time to and each of its reauthorizations. His this is also for our grandchildren. move forward together. leadership in these matters is greatly I yield the floor. Mr. FEINGOLD. Mr. President, Sec- As the Senate completes consider- appreciated by this Senator and, I be- tion 5 of the bill, which deals with ation of this important legislation—the lieve, by the Senate. Georgia v. Ashcroft and the Bossier II culmination of many months of legisla- I also thank the Democratic leader case, is extremely important. As rank- tive activity to reauthorize the Voting for his help. Senator REID stayed fo- ing member of the Judiciary Commit- Rights Act—I welcome the President’s cused on making sure this essential tee’s Subcommittee on the Constitu- statement of support today. It was a legislative objective was achieved. He tion, Civil Rights, and Property long time in coming, and the long way worked with us and the Republican Rights, I concur with the discussion of round, but he got there. The President leader throughout. He is a lead sponsor this provision by the Senator from is right to have spoken of racial dis- of the legislation and was a key partic- Vermont. crimination as a wound not fully ipant at our bicameral announcement Mr. REID. Mr. President, how much healed. We all want our revitalization on the steps of the Capitol on May 2. time remains? of the Voting Rights Act we consider Throughout the process of developing The PRESIDING OFFICER. Six-and- today to help in that healing process the bill, developing the legislative a-half minutes. and in guaranteeing the fundamental record and considering the bill, he has Mr. REID. Does the Senator from right to vote. never failed to go the extra mile to en- Massachusetts need time? I was reminded today of when the sure the success of this effort. Mr. KENNEDY. Just 2 minutes. President spoke dramatically last Sep- I thank our Chairman and lead Sen- Mr. REID. Mr. President, I yield 2 tember from New Orleans’ Jackson ate sponsor. As I pushed and cajoled minutes to the Senator from Massa- Square and pledged to confront poverty and urged action he heard me out. To- chusetts. with bold action. I look forward to that gether with the other active members Mr. KENNEDY. Mr. President, I bold action. He spoke then of helping of the Judiciary Committee, we worked thank our leader, Senator REID, for his our people overcome what he called to assemble the necessary record and constancy in support of this legislative ‘‘deep, persistent poverty,’’ ‘‘poverty consider it so that our bill is on a solid effort and for his encouragement to all with roots in a history of racial dis- factual, legal and constitutional foun- of us on the Judiciary Committee. I crimination, which cut off generations dation. I thank each of our cosponsors thank my friend from Vermont for his from the opportunity of America.’’ I and, in particular, those who joined us kind words. agree with him. We must, as the Presi- early on, those on the Judiciary Com- Earlier today, there have been com- dent said that night, ‘‘rise above the mittee, and the Republican leader. ments by my friend—and he is my legacy of inequality.’’ That is a shame- There are too many others who de- friend—in the Judiciary Committee, ful legacy that still exists and still serve thanks. They include Senator Senator CORNYN, and also with regard needs to be overcome. The President is SALAZAR for his contributions through- to particular provisions in section 5, right that ‘‘the wounds’’ of racial dis- out and for his thoughtful initiative to and later there were comments from crimination need to be fully healed. broaden those for whom this bill is Senator CORNYN and Senator KYL In my judgment, based on the record named by including Cesar Chavez. I about an amendment offered by Con- before this Senate, the reauthorization look forward to working with him to gressman NORWOOD over in the House of the Voting Rights Act is needed to make that a reality. To all who have of Representatives. I think it is impor- ensure that healing. supported this effort I say thank you tant that the RECORD reflect the re- We heard so often during the civil and know that your real thanks will be sults of the extensive hearings that we rights movement ‘‘we shall overcome.’’ in the fulfillment of the promise of had on these different issues because it But it is not just a case of we shall equality for all Americans in the years is extensive, exhaustive, and it is pre- overcome, it is ‘‘we must overcome.’’ ahead. sented by the floor managers, Senators I also welcome the support of others I wholeheartedly thank the members SPECTER and LEAHY. who have come recently to this cause of the civil rights community. Senator CORNYN suggested in his re- and struggle. I welcome our Senate bill Led by Wade Henderson and Nancy marks that he wishes we had taken cosponsors who joined us after the Zirkin at the Leadership Conference on more time to debate fully some of the companion House bill had already won Civil Rights and by Bruce Gordon and issues raised by the reauthorization. In 390 votes and even those who joined Hilary Shelton of the NAACP and by particular, he said he wished more time after the Senate bill was successfully lawyers like Ted Shaw and Leslie Proll had been taken to consider the trigger voted out of our Committee, 18–0. It is and all the voting rights attorneys who formula for section 5. As an initial never too late to join a good cause, and have made the cause of equal justice matter, the Senate began its consider- protecting the fundamental right to their lives’ work, they have been indis- ation of renewing the Voting Rights vote and have Americans’ votes count pensable to this effort and relentless in Act with the very substantial record is just such a cause. their commitment to what is best that had been assembled by the House, Someone who was not late to the about America. which contained over 10,000 pages that struggle but who has been at its fore- I thank my own staff, led by Bruce were the result of by over 8 months of front since his election to the Senate Cohen, backed by a wonderful staff of House Judiciary Committee hearings. in 1962 is the senior Senator from Mas- Kristine Lucius, Jeremy Paris, Kath- From our very first Senate hearing, sachusetts. He worked to pass the ryn Neal, Leila George-Wheeler, Mar- Chairman SPECTER stressed the need to

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.040 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8010 CONGRESSIONAL RECORD — SENATE July 20, 2006 build a strong record in anticipation of colleagues. Senators MCCONNELL, ferred candidate of choice’’ with their challenges to the act’s constitu- HATCH, KYL, and CORNYN engaged in a own voting power. In short, it provides tionality. That’s exactly what we did. colloquy regarding the meaning of sec- additional protection for naturally oc- We heard from legal scholars and vot- tion 5 of the Voting Rights Act reau- curring majority-minority districts. ing rights practitioners. We held 9 thorization bill presently before this The bill does not demand that such dis- hearings, heard from 41 witnesses, and body. I wish to express my agreement tricts be disbanded to create influence received well over ten thousand pages with those comments and add a few districts. of documentary evidence. That evi- thoughts of my own. I hope this language is now clear. I dence showed, unequivocally that dis- Section 5 of the proposed bill over- also thank my colleagues—Senators crimination, including intentional dis- turns two Supreme Court cases: Reno MCCONNELL, HATCH, KYL, and CORNYN— crimination, persists in the covered ju- v. Bossier Parish, or Bossier Parish II, for their lucid explanations earlier. risdictions, and that the trigger is ef- and Georgia v. Ashcroft. The goal of The PRESIDING OFFICER. The fective in identifying jurisdictions for the bill is to protect districts that con- Democratic leader is recognized. Mr. REID. There is a definitive set of section 5 coverage. Senator CORNYN tain a majority of minority voters. We joined a unanimous committee in vot- are well aware of efforts in the past to books written about this time period ing for the committee bill, which re- disenfranchise minority voters. As a by Taylor Branch. When I read the first tains the act’s trigger formula. consequence, this language prohibits volume, I went over to the office of Senator CORNYN also held up a map legislators from acting purposely, with Congressman JOHN LEWIS because his of the United States depicting jurisdic- the intention of harming minority vot- name was mentioned in that book so tions that would be covered if the ers, to ‘‘unpack’’ majority-minority often that a number years ago when amendment offered last week in the districts and to disperse those minority the book was published, I talked to House by Representative NORWOOD had voters to other districts. JOHN LEWIS about his valiant efforts to been adopted, which would base cov- First, the bill overturns Bossier Par- allow us to be in the place we are erage on voter registration and turnout ish II by prohibiting voting changes en- today. I mention that because after during the last three Presidential elec- acted with ‘‘any discriminatory pur- having read the third volume of Taylor tions. Representative NORWOOD had a pose.’’ This language bans a govern- Branch’s book, ‘‘At Canaan’s Edge,’’ full airing of his proposal and many ment official from discriminating which I completed a week ago, I was rose in opposition, including Chairman against minority voters. If a govern- stunned by many references to Senator SENSENBRENNER. The opponents of the ment official could create a district TED KENNEDY. amendment overwhelmingly carried that would benefit minorities, but pur- One full page talks about a time that the day. posely chooses not to do so because it Senator KENNEDY made his first trip to Senator CORNYN said that the Nor- will be majority-minority then that Mississippi. His brother had been assas- wood trigger would not appear to gut government official will have violated sinated. He went with Dr. King to Mis- section 5. However, under The Norwood this bill. sissippi for the first time. There were formula, the State of Louisiana essen- Although this is an important re- 150 pounds of nails, an inch and three- tially wouldn’t be covered. Yet, there quirement, I have heard concerns that quarters long, dumped in the pathway, is substantial evidence in our record of the Justice Department may abuse the three police cars with nails in their ongoing and recent voting discrimina- new language designed to overturn tires and were unable to continue. tion in Louisiana. Yet the so-called up- Bossier Parish II and require States to There were threats made on Senator dated trigger formula would exclude maximize the number of majority-mi- KENNEDY’s life. I was so stunned by this sort of jurisdiction from coverage. nority districts—or to create so-called reading that that I called Senator KEN- Finally, Senator CORNYN and Senator coalition or influence districts. In NEDY and read that to him and asked if KYL discussed the provision of the bill cases such as Miller v. Johnson, 515 U.S. this brought back memories of his first known as the Georgia v. Ashcroft fix, 900, 921, 1995; Bush v. Vera, 517 U.S. 952, trip to Mississippi. which clarifies the retrogression stand- 1996; and Hunt v. Cromartie, 526 U.S. 541, I mention JOHN LEWIS and Senator ard in the wake of the Supreme Court’s 1999, however, the Supreme Court has KENNEDY because they are only two of decision in Georgia v. Ashcroft. The held that the Justice Department’s one the many who made significant sac- bill restores section 5’s ‘‘ability-to- time policy of requiring States to rifices to get us to the point where we elect standard,’’ which was set forth in maximize majority-minority districts are today. On March 15, 1965, Lyndon the Beer case. Under the Beer standard, violated the Constitution. I want to Johnson came to the Capitol to address ‘‘ability-to-elect’’ districts include ma- make it clear that this bill does not a joint session of Congress. He spoke to jority-minority districts where minor- allow such behavior, much less require a House, a Senate, and a nation that ity voters demonstrate an ability to it. had been rocked by recent violence, es- elect the candidates of their choice. As I understand it, the new language pecially in Selma, AL. President John- Contrary to the suggestions of Senator we are adding allows the Justice De- son’s purpose that night was to spur CORNYN and Senator KYL on the floor, partment to stop purposeful, unconsti- Congress to finally move forward on while the standard rejects the notion tutional behavior. It does not grant the the Voting Rights Act, the legislation that ‘‘ability-to-elect’’ districts can be Justice Department license to violate whose authorization we are going to traded for ‘‘influence’’ districts, it also the Constitution. It does not authorize vote on today. That Congress, in 1965, recognizes that minority voters may be the Justice Department to define for like this Congress in 2006, was slow to able to elect candidates of their choice itself what is a ‘‘discriminatory pur- pass voting rights legislation. So Presi- with reliable crossover support and, pose.’’ And it does not give the Justice dent Johnson came to the Hill to re- thus, does not mandate the creation Department a blank check to require mind everybody what was at stake. and maintenance of majority-minority States to maximize influence or coali- Here is what he said: districts in all circumstances. The test tion districts. This time, on this issue, there must be no is fact-specific, and turns on the par- Second, the bill overturns Georgia v. delay, no hesitation, and no compromise with our purpose. We cannot and we must ticular circumstances of each case. As Ashcroft by protecting the ability of minorities to ‘‘elect their preferred not refuse to protect the right of every both Senator CORNYN and Senator KYL American to vote in every election that he noted, the Voting Rights Act is not candidates of choice.’’ Some com- may desire to participate in. And we ought about electing candidates of particular mentators have read Georgia v. not, and we cannot, and we must not wait parties. It’s about enabling minority Ashcroft as allowing States to break another 8 months before we get a bill. We voters to participate effectively and up naturally occurring majority-mi- have already waited a hundred years or equally in the political process. nority districts to create other dis- more, and the time for waiting is gone. I thank the Senator and yield back tricts where minorities have less vot- Mr. President, once again, in our whatever time remains. ing power but still exercise important country, at this time, the time for Mr. SPECTER. Mr. President, I seek influence in elections. The bill’s new waiting is gone. The Senate cannot and recognition to elaborate upon views ex- language protects districts in which we must not go another day without pressed earlier today by several of my minority citizens select their ‘‘pre- sending the Voting Rights Act to the

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Heroic actions of men such publican leader will speak next, but Capitol steps with Senator FRIST, as JOHN LEWIS and Cesar Chavez are many of us spent a lot of time on this, House leaders, chairmen and ranking shining examples of the heroic actions and we want to make sure it will be— members of the Judiciary Committees of so many during the fight for equal as one of the managers of the bill—we from both bodies, and civil rights lead- rights. want to make absolutely sure there ers, to announce the bipartisan-bi- Congressman LEWIS is a civil rights will be a rollcall vote. cameral introduction of this bill. It icon. He has given his entire life to the If nobody is seeking recognition, I seemed that this act would move for- causes of justice and liberty. As I have suggest the absence of a quorum. ward in swift bipartisan fashion. But it said, he was a key organizer of so many The PRESIDING OFFICER. The has not. things, not the least of which was the clerk will call the roll. How long must we wait? How wrong 1963 march in Washington. I was here. I The assistant legislative clerk pro- that perception proved to be. In the saw it. He was in Selma when the billy ceeded to call the roll. House, consideration was delayed for clubs, police dogs, and fire hoses were Mr. FRIST. Mr. President, I ask weeks and weeks. It was only recently used on that bloody Sunday, and he unanimous consent that the order for passed over the objections of conserv- had his body beaten on many occa- the quorum call be dispensed with. ative opponents. In the Senate, we saw sions. But he hasn’t given up the fight, The PRESIDING OFFICER. Without similar delay. In fact, as recently as even to this day. objection, it is so ordered. last week, the majority leader was not Similarly, during his life, Cesar Cha- Mr. FRIST. Mr. President, 41 years— sure he would even bring this bill to vez was a champion of the American that is how long it has been since the the floor before the August recess. principles of justice, equality, and free- Voting Rights Act was first enacted in In the House, consideration was de- dom. He fearlessly fought to right the 1965, and we have come a long way in layed for weeks. It recently passed over wrongs literally of those injustices in- those 41 years. That much was made the objections of conservative oppo- flicted on American farm workers and clear to me on a recent visit to the Na- nents. brought national attention to the tional Civil Rights Museum in Mem- Thankfully, he listened to Demo- causes of labor and injustice. phis, TN, just about 3 weeks ago with crats. Thankfully, everyone listened to America is a better place because of President Bush and Dr. Ben Hooks, a what we had to say, including our dis- JOHN LEWIS and Cesar Chavez. By plac- renowned civil rights leader, a former tinguished majority leader. Obviously, ing their names on this landmark legis- executive director of the NAACP for 14 from last Friday to today, he had a lation, we can be sure Americans will or 15 years a personal friend of myself change of heart and brought this bill always remember the sacrifices made and my distinguished colleague from before the Senate. in the name of equality. Tennessee who is with me on the floor, The Voting Rights Act is too impor- I began by quoting Lyndon Johnson’s LAMAR ALEXANDER. tant to fall by the wayside like so speech in 1965. There is another excerpt Together we visited the site of the many other issues that have fallen by from that speech which I will read, and assassination of Martin Luther King, the wayside, I am sorry to say, in this it is as follows: Jr., at the Lorraine Motel, which over Republican Senate. Remember, the In our time we have come to live with mo- the past several decades has developed Voting Rights Act isn’t just another ments of great crisis. Our lives have been into a wonderful, inspiring civil rights bill. It is paramount to the preserva- marked with debate about great issues; museum. As we walked through that tion of our democracy, literally. As we issues of war and peace, issues of prosperity museum with Dr. Hooks, in his voice have seen in recent elections, we re- and depression. But rarely in any time does could one capture that sensitivity, that main a nation far from perfect. The an issue lay bear the secret heart of America inspiration, some sadness as we walked itself. Rarely are we met with a challenge, through, and he recounted the events fact is, we still have a lot of work to not to our growth or abundance, our welfare do, but in the last 40 years, thanks to or our security, but rather to the values and surrounding that time, but history the Voting Rights Act, we have come a the purposes and the meaning of our beloved came alive. long way. Nation. It was an ugly moment in our collec- Before this Voting Rights Act be- This same challenge—a challenge to tive history and certainly not Amer- came law, African-Americans who tried the values and the purposes and the ica’s finest hour, but the museum rein- to register to vote were subject to meaning of our Nation—is now before forced the impressions I had. It strikes beatings, literacy tests, poll taxes, and the Senate. In just a few minutes, we your conscience. It reminds you of the death. are going to pass overwhelmingly the lessons learned, lessons I saw once Before the Voting Rights Act, over 90 Voting Rights Act of 2006. It is a chal- again on a pilgrimage I took with Con- percent of eligible African-American lenge which this body has met. We gressman JOHN LEWIS and about 10 of voters in Mississippi didn’t and have done it purposefully and right- our colleagues a little over 2 years ago couldn’t register to vote, not because fully, and history books will indicate when we visited the civil rights sites in they didn’t want to, they simply were that we have made a significant step Tennessee and Alabama, and together unable to, they were not permitted to. forward. There is more to do, but this we crossed Selma’s Edmund Pettus Before the Voting Rights Act, it is a big step forward. Bridge where, over four decades ago would have been unheard of to have 43 I yield the floor. now, Congressman LEWIS led those African-American Members of Congress Mr. LEAHY. Mr. President, have the peaceful marchers in the name of vot- as we have today. yeas and nays been ordered? ing rights for all. In the Senate, we cast a lot of votes, The PRESIDING OFFICER (Mr. What struck me most during that pil- but not all of them are for causes for CHAFEE). They have not. grimage a couple of years ago and then which Americans just a few decades Mr. LEAHY. I ask for the yeas and 3 weeks ago during that museum visit ago were willing to risk their lives. It nays. with Dr. Hooks is how we as a nation is a sad fact of American history that The PRESIDING OFFICER. Is there a pushed through that time, as we per- blood was spilled and violence erupted sufficient second? severed to correct injustice, just as we before the Nation opened its eyes to There appears to be a sufficient sec- have at other points in American his- justice and the need to guarantee in ond. tory. It reminded me of our ability to law everyone’s right to vote. The yeas and nays were ordered. change; that when our laws become de- It is important that all of us remem- Mr. REID. Mr. President, the major- structive to our unalienable rights, ber the sacrifice of those Americans, ity leader should be here momentarily. such as liberty and pursuit of happi- and to make sure we do, after this bill I suggest the absence of a quorum. ness, it is the right of the people to becomes law, I will seek to add the Mr. LEAHY. Mr. President, if the alter or abolish them. And it reminded name of JOHN LEWIS to this bill. I al- Senator will withhold. me of the importance, the absolute ne- ready talked about his being one of my Mr. REID. I withhold, of course. cessity of ensuring the permanence of

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I move to reconsider the This bill started in the House of Rep- ality in our hearts and minds and not vote. resentatives by a courageous and ambi- just the law—to reauthorize the Voting Mr. REID. I move to lay that motion tious Congressman from Florida, MARK Rights Act. on the table. FOLEY. MARK is with us in the Senate I hope my colleagues will join me in The motion to lay on the table was Chamber today, and I want to thank voting for this critical legislation be- agreed to. him, again, for getting this ball rolling cause in the 41 years since it became f and for fighting like a champion on be- law, we have seen tremendous progress, ORDER OF BUSINESS half of our children. I appreciate his te- and now it is time to ensure that the nacity and enthusiasm—we would not progress continues, that we protect the Mr. FRIST. For the information of be here without his devotion and hard civil liberties of each and every Amer- our colleagues, the Democratic leader work. ican. and I have been in discussion. Let me I also thank Senator BIDEN, who Mr. President, I yield back all our briefly outline what the plans for to- joined me in sponsoring the original time. night will be and tomorrow. Most im- Senate version of this bill. Senator portantly for my colleagues, there will Mr. LEAHY. Mr. President, is there BIDEN and I have worked together on so be no more rollcall votes tonight or to- still time available on this side? many bills, none more important than morrow. We will probably see a lot of The PRESIDING OFFICER. All time what we are accomplishing today for Members leave the room. has expired. our children. Senators FRIST, SPECTER, We will turn within a couple of min- Mr. LEAHY. The yeas and nays have and REID thank you for making this utes to the Adam Walsh Child Protec- been ordered. bill priority and for getting this bill tion and Safety Act, a very important The PRESIDING OFFICER. The through. bill that we will spend approximately 2 The bill we are about to pass, the question is on the third reading of the hours on tonight. Following that, we Adam Walsh Child Safety and Protec- bill. will have debate on two circuit judges tion Act, represents a collaboration be- The bill (H.R. 9) was ordered to a and two district judges. We will be vot- tween the House and Senate to include third reading and was read the third ing on the Adam Walsh Child Protec- the strong provisions of S. 1086, the Sex time. tion and Safety Act tonight by voice Offender Registration and Notification The PRESIDING OFFICER. The bill vote and all four of those judges by Act, and H.R. 4472, The Child Safety having been read the third time, the voice tonight. Act. It creates a National Sex Offender question is, Shall the bill pass? On this We will be in tomorrow. We will have Registry with uniform standards for question, the yeas and nays have been no rollcall votes tomorrow. I will have the registration of sex offenders, in- ordered. The clerk will call the roll. an announcement later tonight or pos- cluding a lifetime registration require- The assistant legislative clerk called sibly tomorrow on what the schedule ment for the most serious offenders. the roll. will be on Monday in terms of votes on This is critical to sew together the Mr. MCCONNELL. The following Sen- Monday, if we will have a vote or not. patch-work quilt of 50 different State ators were necessarily absent: the Sen- Debate tomorrow will be, in all likeli- attempts to identity and keep track of ator from Idaho (Mr. CRAPO) and the hood, on the Child Custody Protection sex offenders. Senator from Wyoming (Mr. ENZI). Act, plus we will have a period of The Adam Walsh Act establishes Further, if present and voting, the morning business for other matters. strong Federal penalties for sex offend- Senator from Idaho (Mr. CRAPO) would With that, we will be able to turn to ers who fail to register, or fail to up- have voted ‘‘yea.’’ the Adam Walsh Child Protection and date their information, including up to The PRESIDING OFFICER (Mr. Safety Act which we will be passing in 10 years in prison for non-compliance. CORNYN). Are there any other Senators about 2 hours. The Adam Walsh Act imposes tough in the Chamber desiring to vote? f penalties for the most serious crimes The result was announced—yeas 98, against children, including a 30 year nays 0, as follows: CHILDREN’S SAFETY AND VIO- mandatory penalty for raping a child [Rollcall Vote No. 212 Leg.] LENT CRIME REDUCTION ACT OF and no less than 10 years in prison for 2006 YEAS—98 a sex trafficking offense. In fact, this Akaka DeMint Leahy The PRESIDING OFFICER. The Sen- bill creates a series of assured pen- Alexander DeWine Levin ate will now proceed to the consider- alties for crimes of violence against Allard Dodd Lieberman ation of H.R. 4472, which the clerk will children, including penalties for mur- Allen Dole Lincoln Baucus Domenici Lott report. der, kidnapping, maiming, and using a Bayh Dorgan Lugar The assistant legislative clerk read dangerous weapon against a child. And Bennett Durbin Martinez as follows: the bill allows for the death penalty in Biden Ensign McCain the most serious cases of child abuse, Bingaman Feingold McConnell A bill (H.R. 4472) to protect children, to se- Bond Feinstein Menendez cure the safety of judges, prosecutors, law including the murder of a child in sex- Boxer Frist Mikulski enforcement officers, and their family mem- ual exploitation and kidnapping of- Brownback Graham Murkowski bers, to reduce and prevent gang violence, fenses. Bunning Grassley Murray and for other purposes. Burns Gregg Nelson (FL) The bottom line here is that sex of- Burr Hagel Nelson (NE) AMENDMENT NO. 4686 fenders have run rampant in this coun- Byrd Harkin Obama (Purpose: In the Nature of a substitute) try and now Congress and the people Cantwell Hatch Pryor The PRESIDING OFFICER (Mr. are ready to respond with legislation Carper Hutchison Reed Chafee Inhofe Reid CORNYN). Under the previous order, the that will curtail the ability of sex of- Chambliss Inouye Roberts Hatch amendment at the desk is agreed fenders to operate freely. It is our hope Clinton Isakson Rockefeller to. that programs like NBC Dateline’s ‘‘To Coburn Jeffords Salazar Cochran Johnson Santorum The amendment (No. 4686) was agreed Catch a Predator’’ series will no longer Coleman Kennedy Sarbanes to, as follows: have enough material to fill an hour or Collins Kerry Schumer (The amendment is printed in today’s even a minute. Now, it seems, they can Conrad Kohl Sessions RECORD under ‘‘Text of Amendments″) go to any city in this country and Cornyn Kyl Shelby Craig Landrieu Smith The PRESIDING OFFICER. The Sen- catch dozens of predators willing to go Dayton Lautenberg Snowe ator from Utah is recognized. on-line to hunt children.

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