PROTECTING MINORITY VOTERS 2014 OUR WORK IS NOT DONE A REPORT BY THE NATIONAL COMMISSION ON VOTING RIGHTS Disclaimer The opinions expressed in this report are those of the National Commission on Voting Rights and do not necessarily reflect those of NCVR sponsors or supporters. © 2014 by Lawyers’ Committee for Civil Rights Under Law All rights reserved. Lawyers’ Committee for Civil Rights Under Law 1401 New York Avenue, NW, Suite 400 Washington, D.C. 20005 202-662-8600 http://www.lawyerscommittee.org/ Report Design by SW Creatives, LLC PROTECTING MINORITY VOTERS 2014 OUR WORK IS NOT DONE A REPORT BY THE NATIONAL COMMISSION ON VOTING RIGHTS PROTECTING MINORITY VOTERS: OUR WORK IS NOT DONE CONTENTS III Acknowledgements 1 National Commissioners of the National Commission on Voting Rights 6 Executive Summary 22 Chapter 1: Background: The Voting Rights Act of 1965 40 Chapter 2: National Overview of Voting Discrimination, 1995-2014 54 Chapter 3: What Has Been Lost as a Result of Shelby County v. Holder II 68 Chapter 4: Impact of Discrimination on Protected Groups CONTENTS I. African Americans II. Latinos III. Native Americans NATIONAL COMMISSION ON VOTING RIGHTS NATIONAL IV. Asian Americans 102 Chapter 5: Voting Discrimination, 1995-2014: Minority Vote Dilution I. Introduction II. Racially Polarized Voting and Its Ongoing Prevalence III. At-Large and Multi-member Methods of Election and Related Practices Dilute Minorities’ Voting Strength IV. Redistricting Plans 134 Chapter 6: Voting Discrimination, 1995-2014: Access to the Ballot I. Introduction II. Community Voter Registration Drives III. Voter Registration at Public Assistance Agencies Expands Access for Minority Voters IV. Proof of Citizenship V. Voter Purges VI. Felony Disenfranchisement VII. Voter ID VIII. Early In-Person Voting IX. Problems at Polling Places X. Voter Intimidation and Voter Challenges 190 Chapter 7: Language Assistance for Limited English-Speaking Citizens 208 Conclusion 210 Endnotes 236 Appendix A: Abbreviations 238 Appendix B: Maps 250 Appendix C: Tables and Line Graphs PROTECTING MINORITY VOTERS: OUR WORK IS NOT DONE ACKNOWLEDGEMENTS The National Commission on Voting Rights and its staff and the Lawyers’ Committee for Civil Rights Under Law are grateful to the many people without whom the Commission’s work would not have been accomplished. NCVR SPECIAL NATIONAL PARTNER: III THE NCVR extends particular thanks to the NAACP, an exceptional partner, which participated in all of ACKNOWLEDGEMENTS its 25 hearings. NCVR NATIONAL ORGANIZATIONS STEERING COMMITTEE: American Civil Liberties Union League of Women Voters Asian Americans Advancing Justice | AAJC League of Young Voters Asian American Legal Defense and Education National Action Network NATIONAL COMMISSION ON VOTING RIGHTS NATIONAL Fund National Association of Latino Elected Officials Brennan Center for Justice National Coalition on Black Civic Participation Campaign Legal Center National Congress of American Indians Common Cause National Disability Rights Network Democracy Initiative National Urban League NAACP Legal Defense and Educational Fund, Inc. Rainbow Push Leadership Conference on Civil and Human Rights OTHER SUPPORTING NATIONAL ORGANIZATIONS: AFL-CIO National Council on Independent Living Demos Rock the Vote Mi Familia Vota State Voices National Council of La Raza NCVR HEARINGS: STATE AND LOCAL SPONSORS Alabama Arizona Students Association Alabama State Conference of the NAACP Inter Tribal Council of Arizona, Inc. National Congress of Black Women League of Women Voters YLK Birmingham-Metro Chapter National Mexican American Legal Defense and Educational Congress of Black Women Fund National Action Network Arizona National Association for the Advancement of American Civil Liberties Union Arizona Colored People Arizona Advocacy Network One Arizona Arizona State College of Law Indian Legal Clinic PROTECTING MINORITY VOTERS: OUR WORK IS NOT DONE California Center for Independent Living of South Florida American Civil Liberties Union of California Common Cause Asian Americans Advancing Justice – Los Angeles Disability Rights Florida California Common Cause Florida New Majority California Rural Legal Assistance Foundation Florida State Conference of the NAACP California-Hawaii State Conference NAACP LatinoJustice PRLDEF Disability Rights California League of Women Voters of Florida IV Dolores Huerta Foundation National Council of Jewish Women Mexican American Legal Defense and Educational National Lawyers Guild, University of Miami ACKNOWLEDGEMENTS Fund Student Chapter Lawyers’ Committee for Civil Rights of the San SEIU Florida Francisco Bay Area Voting Rights Coalition of Palm Beach County National Action Network Voting Rights Coalition of South Florida National Association for the Advancement of Colored People Georgia NATIONAL COMMISSION ON VOTING RIGHTS NATIONAL National Association of Latino Elected and American Civil Liberties Union Appointed Officials Educational Fund American Civil Liberties Union of Georgia The Greenlining Institute African American Ministers in Action UC Hasting College of Law, Center for State and Asian American Legal Advocacy Center, Inc. of Local Government Law Georgia Georgia Advocacy Office, Inc. Denver Regional (Colorado and New Georgia Association of Latino Elected Officials Mexico) Georgia Coalition for the Peoples’ Agenda Colorado Lawyers’ Committee for Civil Rights Georgia State Conference of the NAACP Under Law League of Women Voters of Georgia Colorado Common Cause National Action Network Common Cause New Mexico ProGeorgia The Legal Center for People with Disabilities and Sarah Shalf, Professor, Emory University School Older People of Law Elections Task Force of the Colorado Lawyers Committee Illinois Sturm College of Law, University of Denver Chicago Lawyers’ Committee for Civil Rights The Legal Center for People with Disabilities and Under Law Older People. Kansas City Regional (Kansas, Iowa, Florida Missouri and Nebraska) Advancement Project American Civil Liberties Union of Iowa American Civil Liberties Union of Florida American Civil Liberties Union of Kansas American Civil Liberties Union of Florida, American Civil Liberties Union of Missouri University of Miami Student Chapter American Civil Liberties Union of Nebraska PROTECTING MINORITY VOTERS: OUR WORK IS NOT DONE Common Cause Nebraska Hon. Gene Thibodeaux, Chief Judge, Louisiana Disability Rights Center of Kansas Third Circuit Court of Appeal; Honorary Lifetime Disability Rights Iowa Trustee, Lawyers’ Committee for Civil Rights Disability Rights Nebraska Under Law Iowa Citizen Action Network Latino American Commission Michigan Latinos Unidos of Iowa APAI Vote- Michigan League of Women Voters of Iowa Common Cause Michigan V League of Women Voters of Kansas D. Augustus Straker Bar Association ACKNOWLEDGEMENTS LULAC of Iowa Detroit Branch of the NAACP National Association for the Advancement of League of Women Voters of Michigan Colored People Michigan Department of Civil Rights NAACP Kansas State Conference Michigan Election Reform Alliance NAACP Iowa-Nebraska State Conference Michigan State Conference of the NAACP National Action Network National Action Network NATIONAL COMMISSION ON VOTING RIGHTS NATIONAL National Lawyers Guild of Kansas City Sierra Club Michigan Nebraska Appleseed Nebraskans for Civic Reform Minneapolis Regional (Minnesota Sunflower Community Action and Wisconsin) University of Missouri-Kansas City School of Law American Civil Liberties Union of Wisconsin Foundation Louisiana Board for People with Development Disabilities ACLU of Louisiana Citizens for Election Integrity Minnesota Advocacy Center Common Cause Minnesota Delgado Community College Disability Rights Wisconsin Foundation for Louisiana FairVote Minnesota Gulf Coast Center for Law & Policy League of Women Voters Minnesota Louisiana Justice Institute League of Women Voters Wisconsin Louisiana State Conference NAACP Mid-Minnesota Legal Aid/Minnesota Disability Law One Voice Louisiana Center Puentes New Orleans, Inc. Milwaukee NAACP Urban League of Greater New Orleans Minnesota Public Interest Research Group Kim M. Boyle, Partner, Phelps Dunbar LLP; Board Minnesota State Voice of Directors, Lawyers’ Committee for Civil One Wisconsin Institute Rights Under Law One Wisconsin Now Jennifer Coco St. Paul NAACP Jacques Morial Take Action Minnesota John Pierre of Southern University Law Center Voces de la Frontera Bill Quigley of Loyola Law School PROTECTING MINORITY VOTERS: OUR WORK IS NOT DONE Baltimore Regional (Delaware, D.C., Boston Regional (Maine, and Maryland) Massachusetts, New Hampshire, University of Baltimore School of Law Rhode Island, and Vermont) American Civil Liberties Union of Massachusetts Mississippi Common Cause Massachusetts Mississippi State Conference of the NAACP Demos American Civil Liberties Union of Mississippi Lawyers’ Committee for Civil Rights and VI Common Cause Mississippi Economic Justice League of Women Voters of Mississippi League of Women Voters of Massachusetts ACKNOWLEDGEMENTS League of Women Voters of Jackson Area MassVote Mississippi Center for Justice MIRA Coalition Southern Echo New England Area Conference of the NAACP Tunica Teens Progressive Massachusetts upGrade Mississippi Springfield Institute Suffolk University Government Department NATIONAL COMMISSION ON VOTING RIGHTS NATIONAL Nashville Regional (Arkansas, Suffolk University Law School Kentucky, Oklahoma, Tennessee, and Urban League of Eastern Massachusetts West Virginia) American Civil Liberties Union of Tennessee New York City Regional