The Voting Rights Act Reauthorization and Amendments Act reauthorizes and strengthens the Voting Rights Act (VRA). The VRA, passed by Congress in 1965, protects against discriminatory election practices used by state and local governments to prevent people of color from voting. The legislation renews three temporary sections of the original act, which include protections against discriminatory voting rules; safeguards against voter intimidation and fraudulent vote tabulation; and requirements for language assistance for citizens with limited English proficiency. The protections consist of federal review of proposed changes to voting rules in jurisdictions with histories of discriminatory voting practices and the appointment of election observers in jurisdictions where there is evidence of intimidation.
The Voting Rights Act Reauthorization and Amendments Act clarifies that the VRA’s safeguards against discriminatory voting practices are designed to prevent intentional discrimination and to protect the ability of minorities to elect their preferred candidates. Recent Supreme Court cases have suggested otherwise. Finally, the Act allows plaintiffs claiming violations of the VRA to recover fees paid to expert witnesses.
The Middle-Class Position:
Middle Class Supports. The ability to vote without fear of discrimination and intimidation in all elections, from the local school board to mayor to state assembly, is a fundamental component of a middle-class standard of living necessary for holding public officials accountable. Protecting the votes of every aspiring middle-class and middle-class citizen ensures that their voices are heard on the issues that matter most to them. The Voting Rights Act is one of the most important civil rights acts and has been critical to ensuring that minorities achieve full enfranchisement and are represented by elected officials who will consider their issues, voice their concerns, and protect their interests. With passage of the Act, registration among African Americans jumped from 10 percent in 1964 to 60 percent in 1968 in Mississippi and from 24 percent to 57 percent in Alabama. The number of African Americans in public office has increased almost 3000 percent since the passage of the VRA. The number of Latino elected officials has increased from 1,200 in 1974 to 6,000 today.
But the Voting Rights Act has by no means solved the problem of electoral discrimination and intimidation for good. The provisions of the Act renewed by this legislation are essential to maintaining and improving access to the polls for all Americans. These provisions put the onus of protecting ordinary Americans at the polls on the federal government, rather than on individuals, who would otherwise be forced to pursue expensive lawsuits just to prove they have been discriminated against. Indeed, since the last reauthorization of the VRA in 1982, there have been more than 1,000 objections to changes to election rules considered to be discriminatory. The American Civil Liberties Union has compiled significant evidence that discrimination in elections is a present threat. The VRA’s protections against discriminatory electoral rules and its provision of election observers is a strong deterrent to discrimination and intimidation. Language assistance for citizens with limited English proficiency ensures that all Americans can understand often complex election rules and ballot initiatives, while allowing plaintiffs to recover expert fees in civil rights cases keeps the courts open to any voter who has been discriminated against.
From the Experts:
“Since our founding, protecting and promoting the right of every citizen to vote has been a guiding principle. The Voting Rights Act has institutionalized that principle by outlawing discriminatory practices in elections and protecting the rights of minority voters. [The relevant provisions of the bill] need to be reauthorized to continue to provide a strong deterrent to persistent voting rights violations…Americans are proud of the Voting Rights Act and rely on it to protect the essential expression of our democracy, the citizen’s right to vote.” –Kay J. Maxwel l, President, League of Women Voters (May 10, 2006)
“The Voting Rights Act has been the most successful civil rights law ever enacted by Congress. With this vote, the House of Representatives has shown its commitment to preserving the voting rights of Latinos and all Americans. Since the VRA was expanded in 1975 to include language minorities, there are now nearly 6,000 Hispanic elected or appointed officials, including 27 members of Congress. And the language assistance provisions of the Act have opened the doors for millions of Latino voters to have their voices heard at the ballot box.” – Janet Murguía, President and CEO, National Council of La Raza (July 14, 2006)
Beyond this Bill:
The high stakes involved with elections means that any law that affects the electoral process is fiercely contested. Thus, opponents of the Voting Rights Act have for years attacked the constitutionality of the very provisions that give the Act teeth. On occasion, the Supreme Court has diluted Congress’s intent and weakened the VRA, an unfortunate development that this bill seeks to rectify. In the future, the Supreme Court should defer to Congress’s intention, expressed in this legislation, to ensure that all Americans are able to vote free from discrimination and are able to elect their preferred candidates.
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