June 25, 2016 will mark the third anniversary of the Shelby County v. Holder decision that gutted the heart of the Voting Rights Act. A coalition of more than 100 organizations, including People For the American Way, are participating in a Week of Action to raise awareness about voter suppression and to pressure Congress to restore the protections of the Voting Rights Act.
In 1965, the Voting Rights Act was passed in hopes of bringing the United States closer to the promise of a true democracy: a political system in which all people can fairly and easily participate in government, regardless of race. One of the VRA’s most significant protections was found in Section 5, which requires states and localities with a history of racial discrimination in voting to seek federal preclearance to approve proposed changes to their voting process. This preclearance sought to address decades of voting practices that disenfranchised communities of color. The provision worked. For nearly 50 years, the VRA, and in particular, Section 5, helped curtail the disenfranchisement of voters of color and helped expand the electorate so that it became more representative of the populace. It succeeded in helping the United States progress towards a more inclusive democracy.
However, three years ago, on June 25, 2013, democracy in America was dealt a major blow. On this day, the Supreme Court, in its controversial Shelby County v. Holder decision, struck down Section 4 of the Voting Rights Act, which defined what areas were covered by Section 5 preclearance. States immediately began to implement new voting restrictions, including strict voter identification laws, limitations on early voting, and the elimination of same-day voter registration. These barriers to voting — implemented under the guise of making elections more efficient and limiting so-called “voter fraud” — disenfranchised eligible voters across the country, disproportionally affecting underrepresented communities such as people of color, women, students, the disabled, and low-income individuals. We have already seen the negative effects of these voting restrictions in our midterm elections and presidential primaries.
Come November, the stakes will be raised. As the Leadership Conference Education Fund notes in their new report on the likely impact of the Shelby County decision in this election cycle:
2016 will be the first presidential election in 50 years without the full protections of the Voting Rights Act. It is also an election that could be won or lost in just a few key states – states where minority voters could determine the outcome.
The report notes that five states formerly covered, in whole or in part, by preclearance — Arizona, Florida, Georgia, North Carolina, and Virginia — will all see competitive races in the fall, in which voters of color could be decisive. But voters in these states are now without the full protections of the VRA. The Shelby County decision still has very real consequences, and could alter the face of our political landscape in 2016.
As Election Day rapidly approaches, now is the time to call on Congress to restore the full protections of the Voting Rights Act. The Shelby County decision was a huge setback to American progress towards a truly fair and accessible democracy, but we can move forward again. Legislation aimed at restoring the protections of the VRA is already pending in Congress. Tell your representatives that a democracy in which eligible voters are unable to cast their ballots is a broken democracy, and that it is their duty to help mend it.
On Monday, a federal trial began in Winston-Salem, North Carolina to see if recent changes in the state’s election laws unfairly and purposefully discriminate against minority voters. The changes in question include an end to same-day registration, an end to a high school voter registration program, and a reduction in early voting days.
The Supreme Court’s decision in Shelby County v. Holder gutted a key provision of the Voting Rights Act by striking down a coverage formula that identified nine states – including North Carolina – with a history of voter discrimination. Before the 2013 ruling, federal approval was needed before any changes in election laws in these states could go into effect. However, in the immediate aftermath of Shelby County, Republicans in the North Carolina state legislature were able to implement the restrictions without federal approval.
The North Carolina N.A.A.C.P, League of Women Voters, a group of college students, and the Department of Justice initiated the case, arguing that the measures should be struck down, and that North Carolina should be required by the court to submit voting proposals to federal approval since the contested measures were intended to discriminate, in violation of the Constitution.
Several states remodeled their voting laws following the Shelby decision; however, North Carolina’s restrictions represent some of the broadest changes in the country.
This case is the latest development in a series of initiatives to protect the right to vote across the United States, including by restoring and strengthening the Voting Rights Act. PFAW recently participated in a rally in Roanoke, Virginia, and members of our affiliate People For the American Way Foundation’s leadership networks are participating in today’s events surrounding the beginning of the trial in Winston-Salem.
This op-ed was originally published at The Huffington Post.
Fifty years ago in Alabama hundreds of peaceful marchers calling for voting rights were violently attacked by state police. Fifty years later Americans from all walks of life are expected to gather this weekend to mark the anniversary of what became known as Bloody Sunday and embrace the spirit for courage, sacrifice and justice of those women and men who marched, were beaten and no doubt underestimated the impact that their bruises would have on future generations.
The events of that day and the tense days and weeks that followed shocked our national consciousness and became a catalyst for passage of what some call the "crown jewel" of the civil rights movement, the 1965 Voting Rights Act. It's a law that held bipartisan support and helped protect countless Americans from discrimination at the ballot box for almost five decades.
Every year since that bloody day we have honored those 600-plus marchers who put their lives on the line in pursuit of basic democratic rights and racial justice. But this year, with a passion as never before, we must do more than just give lip service. This time marchers of today must clearly connect with the purpose in the pain that started in prayer on a Sunday morning and ended on the Edmund Pettus Bridge in Selma, Alabama, with blood and tears in the afternoon. Why? Because as John Legend so eloquently put it last week, "Selma is now."
The shadow of Bloody Sunday is there, nearly two years after a core provision of the Voting Rights Act was gutted by the Supreme Court in the Shelby County case, as we practice patience for Congress to restore and strengthen what was taken away. When our leaders say that they honor those who refused to turn around, will they also commit to restoring the kinds of voting protections that they were marching for?
Today, 40 bills to restrict voting rights have been introduced in states across the country, from voter ID legislation to proposals reducing access to absentee ballots to bills that would make it more difficult for those with past criminal convictions to vote. When our leaders say they honor those who were beaten and bruised with billy clubs 50 years ago, will they also commit to voting against proposed laws that would make it harder for all people to have an equal voice in our democracy? Will they commit to confirming the highly qualified Loretta Lynch, a woman with a strong commitment to civil rights, to lead -- as the first female African American -- the Justice Department in effectively monitoring and enforcing the voting rights laws we already have and those yet to come?
Today, African Americans and Latinos, especially males, endure being routinely profiled, targeted, and attacked by the police. The report released this week from the Department of Justice about policing in Ferguson, Missouri, revealed that 93 percent of arrests were of African Americans, though they make up only 67 percent of the city's population. It showed and confirmed that African Americans in Ferguson were disproportionately likely to have force used against them by the police. When our leaders say they honor those who were hospitalized for peaceful protest 50 years ago, will they also commit to fighting against discrimination and violence at the hands of those meant to serve and protect our communities?
Selma is now, and the march continues. Selma needed protection for voting rights then, and Selma needs protection for voting rights now. Many civil rights leaders, past and present, and even future leaders, will be in Selma this weekend. But thousands of others who can't be there in person will not be excluded from being a part of a new march. Men and women will with great intent make sure every registered voter gets to the polls to vote in every election, will minister with an activist heart to their neighborhoods when violence upends daily life, will use social media as a tool to motivate participation in work aimed at ending all forms of discrimination in the name of religion, and will organize their communities in active opposition when yet another bill is introduced to undermine, restrict, or deny basic civil and human rights.
On the evening of that Sunday, Dr. Martin Luther King Jr. informed the media that ministers would march and called for clergy from around the country to join them. He said, "The people of Selma will struggle on for the soul of America, but it is fitting that all Americans help to bear the burden. ... In this way all America will testify to the fact that the struggle in Selma is for the survival of democracy everywhere in our land."
I was not there then, but today as with every day, especially because of the Shelby Counties and the Fergusons, I give thanks and will not forget that struggle. On March 7, 1965, the world watched as nonviolent mothers, fathers, students, workers, faith leaders were beaten, tear gassed and hospitalized. On March 7, 2015, let the world watch as this next generation genuinely honors those who had the courage to take a stand that Bloody Sunday "for the survival of democracy." How? By registering, advocating, teaching, speaking up, marching and continuing their work in pursuit of voting rights, freedom, and justice as if our unseen bruises, our lives, our souls depend on it.
On Wednesday, PFAW joined representatives from a number of organizations similarly concerned with civil rights and the cornerstone of American democracy – the right to vote – on Capitol Hill to present Speaker John Boehner with the signatures of more than 500,000 Americans demanding that Congress move forward in restoring key provisions of the landmark Voting Rights Act.
Today, access to the voting booth has become an increasingly imperiled right for many Americans, thanks to the Supreme Court’s decision last year in Shelby County v. Holder. Across the country, states and localities are making changes to voting laws that make it more complicated and onerous to carry out a fundamental civic duty, especially for ethnic and racial minorities, the elderly, and student voters.
However, the Republican leadership in the House does not seem to share the public’s sense of urgency on compromised voting access. Tellingly, neither Speaker Boehner nor his staff acknowledged the coalition’s attempt to deliver the signatures in-person. The office that he keeps for his congressional district was locked, and knocks went unanswered, shutting out the American people, including his constituents, in the middle of a workday while Congress is in session.
In a press conference following the attempted delivery of the petitions, lawmakers and representatives from the #VRA4Today coalition of more than 50 advocacy groups spoke of the need to strengthen the rights of voters and restore the critical protections of the Voting Rights Act. Marge Baker, executive vice president of People For the American Way, said:
Repairing the damage done by the court majority in Shelby is a critical test of whether Congress can put partisanship behind to protect our democracy. The will of the people is clear: we will not tolerate voting discrimination in our country, we will not turn back the clock.
Joining in this sentiment was House Minority Whip Steny Hoyer, who urged his colleagues to support the rights of Americans to participate in their government. “The right to vote is the most fundamental right in a democracy,” he said. “It is the right to have one’s voice heard.”
While the Voting Rights Act of 1965 (VRA) took a giant leap toward reducing voting discrimination, a wealth of evidence today shows that discrimination at the polls persists. A new report by the Leadership Conference on Civil and Human Rights documents148 separate instances of voting violations since 2000, with each affecting hundreds to thousands of voters.
The report, The Persistent Challenge of Voting Discrimination, came just days before today’s one-year anniversary of the Supreme Court’s ruling in Shelby County v. Holder, which gutted a key provision of the VRA. The litany of voting rights violations detailed therein underscores the need for reform – now.
Key takeaways gleaned from recent examples:
• Racial discrimination in voting remains a significant problem in our democracy. Nearly 50 years after the enactment of the VRA, racial discrimination in voting remains a persistent problem in many places around the country…
• The problem of racial discrimination in voting is not limited to one region of the country. The examples outlined in this report document instances of voting discrimination from 30 states, representing every region of the country…
• Voting discrimination occurs most often in local elections… They often concern the election of city, county or other local elected officials, where many of the contests are nonpartisan.
• Discrimination in voting manifests itself in many ways, and new methods continue to emerge. Voting discrimination occurs today in both overt and subtle forms.
Here are just a handful of the cases in which systematic discrimination threatened to discourage or sideline voters:
• In 2008, the state of Alaska requested preclearance of a plan to remove polling places in multiple Native villages. The state intended to consolidate predominately Alaska Native voting precincts with those of other communities, creating new polling places that were geographically remote and inaccessible by road. Instead of complying with a “More Information Request” by the Department of Justice regarding the proposed changes, Alaska withdrew their submission.
• Between 2004 and 2011, DOJ alleged that five counties and four cities in California had been in violation of Section 203 of the VRA, citing failures to implement bilingual election programs for language-minority voters, as well as failures to translate election-related materials for precincts with large language-minority populations.
• Between 2002 and 2011, multiple school districts and localities in Louisiana proposed redistricting plans that would have eliminated districts in which an African American majority was able to elect the candidate of their choice.
The Leadership Conference on Civil and Human Rights notes that because the study was only able to take into account reported cases, the statistics are likely a conservative estimate of the real magnitude of the problem.
Sadly, discrimination in the electoral process still happens. Moving forward on legislation to update and modernize the VRA would help return a voting voice to Americans who are too often, even today, marginalized.
One year ago this week, the Supreme Court's conservative majority struck down a key provision of the Voting Rights Act and took yet another step toward undermining our democracy. Since then, civil rights leaders have been hard at work trying to clean up the Court's mess.
The Shelby decision was a devastating loss, especially for those who fought to see the original Voting Rights Act enacted. Rep. John Lewis of Georgia, the sole surviving speaker from the 1963 March on Washington and a leader of the 1965 march from Selma to Montgomery, accused the Supreme Court of "stab[bing] the Voting Rights Act of 1965 in its very heart." Civil rights advocates mourned the naïve assumption that Selma had been relegated to ancient history and that racial discrimination in voting went with it. People For the American Way's director of African American religious affairs noted on the day of the decision: "Those who sided with the majority clearly have not been paying attention, reading the paper, attending community meetings, living in America."
Indeed, anyone who has been paying attention knows that voting discrimination is far from ancient history. A new report by the Leadership Conference on Civil and Human Rights found nearly 150 documented instances of voting rights violations since 2000, with each case affecting between hundreds and tens of thousands of voters.
Happily, reform is finally underway in the Senate. On Wednesday, the Judiciary Committee will hold a hearing on legislation to put the VRA back together again. It's a critically important first step in getting our country's laws back to where they need to be on voting rights protections. But so far House Republican leadership has refused to move forward. Maybe they think that if they pretend a problem doesn't exist, they won't have to fix it.
The push for voting rights protections isn't the only effort underway to clean up the mess the Supreme Court has made of our democracy. With the 2012 election the most expensive in history, this week the Senate Judiciary Committee is considering a proposed constitutional amendment to overturn cases like Citizens United v. FEC, the infamous 2010 ruling that paved the way for unlimited corporate political spending. Like Shelby, Citizens United was a contentious 5-4 decision with a strong dissent. Also like Shelby, it set our democracy back dramatically. Citizens United let corporate bank accounts overwhelm the voices of everyday Americans. Shelby made it easier for state and local governments to create barriers to voting.
But Americans know that the answer to attacks on our democracy isn't despair -- it's action. Sixteen states and more than 550 cities and towns have called for a constitutional amendment to get big money out of politics like the one moving forward in the Senate, and that number is growing rapidly.
National leaders are also speaking out. President Obama has expressed his support for an amendment to overturn Citizen United multiple times since the decision. House Minority Leader Nancy Pelosi, Senate Majority Leader Harry Reid, and former Supreme Court Justice John Paul Stevens are just a handful of other high-profile amendment supporters. And earlier this month, Justice Ruth Bader Ginsburg did not hold back her disdain for the recent democracy-harming decisions coming from the Supreme Court's majority: "Like the currently leading campaign finance decision, Citizens United v. Federal Election Commission, I regard Shelby County as an egregiously wrong decision that should not have staying power."
The Supreme Court has made some very bad calls when it comes to protecting the rights of all Americans to participate meaningfully in our political system. But Justice Ginsburg is right: these wrong-headed decisions shouldn't have staying power. And if the American people have anything to do with it, they won't.