Tag: shelby county

The Voting Rights Amendment Act Is a Bad Idea

One of the responses to the Supreme Court’s eminently sensible ruling last year that deactivated part of the Voting Rights Act was to call for a new, updated law to subject particularly bad actors to enhanced federal oversight. We now see the product of that motivation, introduced by the motley bipartisan crew of Reps. Jim Sensenbrenner (R-WI) and Jim Clyburn (D-SC) and Sen. Pat Leahy (D-VT). As I write in my new Forbes.com column:

Last week, a group of lawmakers introduced the Voting Rights Amendment Act of 2014. The timing was no coincidence: The bill was announced on Martin Luther King’s birthday, right before the holiday designated to commemorate the civil rights giant (for which Congress took the week off). This is the long-expected legislation responding to the Supreme Court’s decision in Shelby County v. Holder last June that disabled one part of the Voting Rights Act. But it’s both unnecessary to protect the right to vote and goes far beyond the provision it replaces to rework the machinery of American democracy on racial lines.

Based on the reaction of certain elected officials to Shelby County you could be forgiven for thinking that a congressional fix is badly needed to prevent racial minorities from being disenfranchised. But all the Supreme Court did was strike down the “coverage formula” used to apply Section 5 of the Voting Rights Act, which required certain jurisdictions to “preclear” with the federal government any changes in election regulations—even those as small as moving a polling station from a schoolhouse to a firehouse. The Court found the formula to be unconstitutional because it was based on 40-year-old data, such that the states and localities subject to preclearance no longer corresponded to the incidence of racial discrimination in voting. Indeed, black voter registration and turnout is consistently higher in the formerly covered jurisdictions than in the rest of the country.

Nevertheless, the proposed legislation draws a new coverage formula, resurrecting Section 5’s requirements for states with five violations of federal voting law over a rolling 15-year period. (That formula would currently apply to four states: Georgia, Louisiana, Mississippi, and Texas.) It also sweeps in sub-state jurisdictions that have had one violation and “persistent, extremely low minority turnout”—which can mean simply an average racial-minority turnout rate lower than that nationwide for either minorities or non-minorities.

All that sounds reasonable—Congress is finally updating its coverage formula—until you realize that this reimposition of Section 5 comes without any proof that other laws are inadequate to address existing problems (which is what the Constitution demands to justify the suspension of the normal federalism in this area). After all, Section 5 was an emergency provision enacted in 1965 to provide temporary federal receivership of morally bankrupt state elections, not to enable a constitutional revolution based on arbitrary statistical triggers.

Read the whole thing, and download this longer piece on why the Shelby County ruling actually vindicates Martin Luther King’s dream.

Eric Holder Files Another Baseless Voting Rights Lawsuit

Eric Holder has been busy playing his racial games. Not only did his Justice Department issue a joint guidance with the Education Department on how best to ignore the Supreme Court’s recent affirmative action ruling, but yesterday the attorney general announced a new lawsuit challenging North Carolina’s new election laws, which include voter-identification requirements. This action follows on the heels of lawsuits already filed against the Tarheel State by such groups as the ACLU and NAACP.

Never mind that the Supreme Court approved the constitutionality of voter-ID as recently as 2008 in the case of Crawford v. Marion County (Indiana) Election Board – in a 6-3 opinion written by the liberal Justice John Paul Stevens – but just last year Holder had to back off a similar suit in South Carolina. The formula for valid voter-ID laws is clear: don’t put obstacles (be they monetary or geographical) in the way of someone’s ability to get an approved form of identification and you’ll sail through the courts.

These regulations simply shouldn’t be a partisan issue. Requirements to show proof of identity before voting have been around for decades in all parts of the country. There’s no constitutional right to early voting – many states, including blue ones like New York, don’t have it at all – and North Carolina kept total hours constant anyway, just reducing the number of days of early voting. 

And forget partisan divides; the DOJ’s argument that voter-ID laws and other attempts at orderly election administration disproportionately hurt minorities – on top of being offensive – don’t even seem to make sense to those they purport to support. For example, a Washington Post poll last year found that 65 percent of blacks and 64 percent of Latinos support voter-ID.

Voting Rights in Massachusetts and Mississippi

During last week’s oral argument in Shelby County v. Holder – the challenge to Section 5 of the Voting Rights Act – Chief Justice Roberts questioned the Solicitor General concerning the rationality of the VRA’s coverage formula (Section 4(b)) by comparing non-covered Massachusetts with Mississippi, which remains subject to federal preclearance based on registration and voting data from 1964.  As the Chief Justice pointed out (page 32 of the transcript), Massachusetts has the “worst ratio of white voter turnout to African American voter turnout” while Mississippi “has the best.”  Massachusetts likewise “has the greatest disparity in registration between white and African American” while Mississippi is third best in the nation, “where again the African American registration rate is higher than the white registration rate.”

The Chief Justice’s remarks apparently angered the Massachusetts Secretary of State.  According to a Politico story, Secretary William Galvin found it “just disturbing that the chief justice of the United States would spew this kind of misinformation” and that the “2010 numbers don’t support what Roberts is saying.”  Galvin continued: “He’s wrong, and in fact what’s truly disturbing is not just the doctrinaire way he presented by the assertion, but when we went searching for an data that could substantiate what he was saying, the only thing we could find was a census survey pulled from 2010 … which speaks of noncitizen blacks … .  We reached out to academics at many institutions … and they could find no record either, they were puzzled by [Roberts’s] reference.”

But it’s Secretary Galvin who has his facts wrong—a mistake he could have avoided simply by reviewing the lower court decision that the Supreme Court is considering.  In his dissenting opinion, D.C. Circuit Judge Stephen Williams examined the voter registration and voting statistics from the 2004 presidential election – not the 2010 mid-term elections—because it was the last national election before Congress reenacted Section 5 in 2006.  The question the Supreme Court is considering—which seems to be lost on Galvin – is whether Congress acted appropriately in retaining the same coverage formula that has been in place since 1975 despite significant changes in the country.  To answer that question, the Court must of course look at the statistics that were in the 2006 legislative record. And those statistics, which are publicly available and come directly from the Census Bureau, fully vindicate the Chief Justice’s statement.