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SENATE-Friday, November 6,1981 November 6, 1981 CONGRESSIONAL RECORD- SENATE 26924 SENATE-Friday, November 6,1981 <Legislative day of Monday, November 2, 1981) The Senate met at 9:30 a.m., on the PRECLEARANCE PROCEDURE UN- fled and gave a report on this new pro­ expiration of the recess, and was called DER THE VOTING RIGHTS ACT cedure. to order by the President pro tempore Mr. COCHRAN. Mr. President, I wish At this point, Mr. President, I ask <Mr. THURMOND). to call attention to legislation that was unanimous consent that his entire state­ introduced 2 weeks ago relating to the ment to the Judiciary Committee in the Voting Rights Act of 1965. Last week and House be printed following my remarks PRAYER in the RECORD. The Chaplain, the Reverend Richard the week before as well, I described the legislation ·that was being introduced The PRESIDENT pro tempore. With­ C. Halverson, LL.D., D.D., offered the out objection, it is so ordered. <See ex­ following prayer: which would, in effect, create a new pre­ clearance procedure under the Voting hibit 1.) Gracious Father in Heaven, in this Rights Act. As Members realize, section Mr. COCHRAN. I refer to some of the large Senate family where, so often, is­ 5 of the existing law provides for a proce­ statements that Mr. Colom made. He sues of great magnitude affect the des­ dure for approval of changes in local points out that while there are some tiny of millions, help us not to overlook election laws submitted to the Depart­ who advocate no change in the Voting the dedication of those who devote them­ ment of Justice. Although the law speci­ Rights Act, particularly no change in the selves to the minutiae and the mundane fies that a decision must be made within section 5 preclearance requirement, he without which major matters would not 60 days, experience has shown that, says that the maintenance of a pre­ be resolved. We recognize with gratitude often, the period of time drags out much clearance procedure is necessary to the the faithful service of office staffs, the longer than that, and some local political two-party system and necessary for the efficient, tireless work of those in the subdivisions have waited up to 5 years protection of fundamental rights. Then cloakrooms, the Secretary of the Senate, or more before a decision has been made he says: the Sergeant at Arms and their staffs, by the Department in response to a re­ While we must acknowledge that voter the fioormen, the doorkeepers and the quest for approval of a local change in intimidation, barriers to registration and pages. We thank Thee for all of the de­ election laws. even ballot box stuffing, the tools of the voted services in the buildings and on Mr. President, this legislation is de­ past, to a large extent, have disappeared, the grounds; the maintenance people, there still remains white block voting, sub­ signed to create a new procedure where­ tle maneuvers to dilute black voting strength the elevator operators, the police, and by local political subdivisions will sub­ and blatant efforts to negate black electoral those who keep the place beautiful. mit proposed changes to the Federal gains. Mississippi has changed. There is Help us never to take for granted lov­ district court. There will be provided an greater equality. Those who say they have ing, faithful support so essential to the expedited procedure for consideration seen no discrimination against blacks in effective work of the powerful, influen­ based on the rules for declaratory judg­ Mississippi must be blind. Those who say tial national leaders who occupy this ment. Under this procedure, all inter­ that any change in the Voting Rights Act Chamber. We thank Thee for the men will turn back the clock of racial equality ested persons will be given notice. The refuse to acknowledge the progress our State and women of the press and pray that Department of Justice will be served with has made. Of course, we still have far to go. their dedicated efforts will accurately process, and the same office that now and ~equately inform the people. And exists for the review of changes will con­ He goes on and suggests that the dear Lord, we pray for the families of tinue to exist to review the changes con­ Keady-Cochran proposal, as he refers to all those we have mentioned. May Thy sidered in this court proceeding. An­ it in his remarks, should be carefully peace and love keep them safe and meet other important difference is that considered and approved by the Con­ all their needs. We pray this in the name whereas the existing section 5 preclear­ gress. of the greatest of all friends. Amen. ance requirements apply now only to a Mr. President, I hope that Members few States and parts of a few others, of the Senate will review this suggestion this new procedure would be applied with and look at it not in terms of an effort RECOGNITION OF THE ACTING equal force and effect throughout the to turn the clock back, to go back to the MAJORITY LEADER Nation in every jurisdiction. days of poll tax and other devices that I know that the reaction of some, as were designed to prevent or undermine The PRESIDENT pro tempore. The I have said before, will be that this may the full participation in the political acting majority leader is recognized. be an effort to undermine the act, to process by minority citizens, but as an make it more difficult to enforce, and to effort to move into the eighties with a impose a greater burden on the Depart­ modern enforcement procedure which THE JOURNAL ment of Justice and our court system. I would be based upon due process, an en­ Mr. COCHRAN. Mr. President, I ask wish to point out that this is a proposal forcement of the law that would prohibit unanimous consent that the Journal of that has been carefully developed by a any effort to deny voting rights in any the proceedings of the Senate be ap­ law professor and a Federal judge who place in this country. My suggestion, Mr. proved to date. have written an article that is being pub­ President, is that if it is important to lished in the Kentucky Law Review relat­ protect with the full force of a preclear­ The PRESIDENT pro tempore. With­ ing to the necessity for having a law for ance procP.dure the voting rights in the out objection, it is so ordered. the 1980's and not one that relates to the State of Alabama, then who can argue problems and difficulties of the 1960's. th3.t it is not important enough to have To indicate that this proposal has a procedure for protecting those rights ORDER OF PROCEDURE support from representatives in the mi­ in the State of Michigan or in the State Mr. COCHRAN. Mr. President, under a nority community in the South, I call at­ of Illinois? If it is against the law to previous order, I understand that there tention to the fact that during the hear­ commit a crime in Pennsylvania, it is will be a period of time not to exceed 20 ings in the other body, before the Com­ against the law to commit it in Cali­ minutes for routine morning business. As mittee on the Judiciary, Wilbur Colom, fornia. That is our Federal system. Fed­ part of the time allotted to the leader who is a black lawyer from Columbus, eral laws apply nationwide. This act can this morning, I wish to proceed at this Mississippi, active in the civil rights be given full force and effect nationwide time. movement, active also in voter registra­ under this new procedure. The PRESIDENT pro tempore. The tion efforts, and a leading young Repub­ Some say, well, they have heard about Senator may proceed. lican in the State of Mississippi, testi- that in the House; they rejected it over- e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. November 6, 1981 CONGRESSIONAL RECORD-SENATE 26925 whelmlngly. Nobody has really had this coming article in the Kentucky Law Journal to object. If the department falls to object entitled "Section 5 of the Voting Rights and intervention does not occur, an uncon­ proposal before them, Mr. President. Act: A Time for Revision." The Keady/ tested judgment would then be entered. It is a new procedure and I hope the Cochran article relies on, among other The problem with an unusually biased Senate will review it carefully during the things, one document with which I am sure judge would be cured by the provision for hearings on the Voting Rights Act that you are familiar, the GAO report on the an automatic stay coupled with an expe­ will be undertaken, as I understand it, voting rights section of the Justice Depart­ dited appeal procedure. I recently had an early next year by the Senate Judiciary ment and a book entitled "Compromise Com­ expedited appeal to the fifth circuit and Committee. pliance." Both lead to some unavoidable we were at oral argument, all briefing com­ EXHIBIT 1 conclusions which serve as the empirical pleted, sixty days after notice of appeal was foundation for the Keady/ Cochran proposal. filed. Moreover, the availability of a statu­ STATEMENT OF WILBUR 0. COLOM First, there is an extremely high submis­ tory right for mandamus would assure that Mr. Chairman and Members of the Com­ sion rate by covered jurisdictions of proposed these actions would be heard expeditiously.
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