ADDITIONAL CORRESPONDENCE SUBMITTED TO THE SUBCOMMITTEE Baxley, Hon. William J., attorney general, State of Alabama, May 9, 1975- Bolton, Hon. Arthur K., attorney general, State of Georgia, April 9, 1975 937 Domenici, Hon. Pete V., U.S. Senator from the State of New Mexico, Edwards, Hon. James B., Governor, State of South Carolina, May 8, 1975- Hagan, Robert L., for Vincent P. Barabba, director, Bureau of the Census, Kneip, Hon. Richard F., Governor, State of South Dakota, May 1, 1975. Lyons, James A., Jr., Washington representative of the office of the mayor, Pottinger, Hon. J. Stanley, Assistant Attorney General, Civil Rights 1042 Pottinger, Hon. J. Stanley, Assistant Attorney General, Civil Rights 1050 Riggs, Judith Assmus, Washington Research Project Action Council, Stennis, Hon. John C., U.S. Senator from the State of Mississippi, April 10, 911 Stevens, Hon. Ted, U.S. Senator from the State of Alaska, May 16, 1975__ Teitelbaum, Herbert, legal director, Puerto Rican Legal Defense and White, Hon. Mark W., Jr., secretary of state of the State of Texas, May 7, 938 Woodcock, Leonard, president, International Union, UAW, April 14, 937 ARTICLES AND REPORTS "Dear State Senators: Whatever Happened to East Los Angeles? (It's Missing)," newspaper article from the Los Angeles Times, Wednesday, Analysis of bills to amend the Voting Rights Act, prepared by the staff of 1020 1011 Constitutionality of Proposed Expansion of the Voting Rights Act, staff analysis submitted by J. Stanley Pottinger, May 15, 1975___ Copy of Bishop Patrick Flores' (Archdiocese of San Antonio, Texas) com- plaint to Mr. Stanley Pottinger, Civil Rights Division, Department of Justice, concerning violations of voting rights of Mexican Americans in Copy of U.S. Commission on Civil Rights complaint to Department of 967 Fact Sheet on Mexican American Electorate in California; compiled for 965 Interviews in California With Chicanos by Staff of U.S. Commission on Larger Texas cities with at-large election structures, 1971, submitted by List of 12 Chicanos denied the right to vote by denying them registration MALDEF interview with Texas Chicanos on voting discrimination, "Memorandum of Law re Discrimination Against Chicano Voters in Legis- New Mexico Senate Joint Memorial 17, respectfully urging the U.S. Partial list of Texas changes in its election laws that would have been Partial testimony of Mr. George Korbel on changes in Texas election laws Resolution 199-75, Memorializing the Congress of the United States to Robinson v. Pottinger, U.S. Court of Appeals, Fifth Circuit, No. 74-3486, U.S. Court of Appeals, decision, filed April 24, 1975--- Standards of review under section 5 redistricting submissions, subsequently State of Maine, joint resolution memorializing the U.S. Congress to extend Texas 1975 Voter Registration, registration figures through January 29, Page 972 1083 961 945 961 1040 957 954 1037 996 1051 1053 952 1037 1041 997 1059 EXTENSION OF THE VOTING RIGHTS ACT OF 1965 TUESDAY, APRIL 8, 1975 U.S. SENATE, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS Washington, D.C. The subcommittee met, pursuant to notice, at 9:35 a.m. in room 2228, Dirksen Senate Office Building, Senator John V. Tunney (chairman of the subcommittee), presiding. Present: Senators Tunney, Bayh, Scott of Pennsylvania, Hruska, and Hart of Michigan. Also present: Senator Scott of Virginia. Also present: Jane L. Frank, chief counsel; Marshall Goldberg, majority counsel; J. C. Argetsinger, minority counsel; Ben F. Dixon IV, research assistant. Senator TUNNEY. The meeting will come to order. OPENING STATEMENT OF HON. JOHN V. TUNNEY, U.S. SENATOR FROM THE STATE OF CALIFORNIA; CHAIRMAN, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS Today we will begin the hearings on the Voting Rights Act of 1965, perhaps the most important piece of civil rights legislation in this century. The act attempts to deliver a fundamental right that had been promised long ago, the right to exercise one's vote without fear or obstruction. Despite a history of tenacious resistance, the act has had impressive successes. Minorities now vote and hold office in areas where even registration was once a hopeless and sometimes dangerous undertaking. More blacks than ever before are participating in the political process, and for the first time the major cities in these areas have elected black mayors and Congressmen. These advances toward equal participation did not come easily. For nearly a century many States and counties simply ignored the Constitution and systematically excluded blacks from the political process. Those blacks not intimated from trying to register were either refused outright or confronted with devices such as grandfather clauses or good character tests utilized by white officials to exclude blacks. As late as 1964, black professors and Ph. D. candidates from prominent universities were prevented from voting because, according to certain state election officials, they had failed the literacy tests. Those blacks who did manage to register found their votes diluted by malapportionment of districts or other devices. In one state legislature just 5 years ago, for example, one nearly all-black district of 16,500 blacks had the same numerical representation as a neighboring all-white district of 800 people, less than 5 percent of its size. By the late 1950's Congress could no longer ignore the overwhelming evidence of abuses. Legislation was enacted in 1957 and 1960 to aid the excluded black voter, but registration remained dismally low, in some States below 7 percent. Finally, in 1965, after the killings and beatings in Selma, Ala., Congress reaffirmed our country's fundamental dedication to democracy for all its citizens, regardless of color, by enacting the Voting Rights Act. The act does more than simply repeat the 15th amendment. The act allows the Department of Justice to send Federal personnel to certain areas to register voters or to observe elections, and also provides civil and criminal penalties for one who obstructs a citizen in his attempt to vote. The act also requires election officials in certain areas to submit all changes in voting procedures to the Department of Justice for approval. Congress, in 1970, chose to extend the Voting Rights Act for 5 years, until August 6 of this year. The purpose of these hearings is to assess whether this subcommittee, charged with assuring that each citizen receives his constitutional rights, will recommend that the act be extended further. The issues in this matter are emotional, to be sure. Images of protesting blacks being pummelled at the Selma, Ala., courthouse are disturbingly vivid. No official appearing before this subcommittee is asking Congress to condone such behavior, and it would be unfair, I think, to cast the advocates of repeal in that light. The jurisdictions covered by the act feel a deep indignity at losing some of their government prerogatives. Prior to the passage of the act, however, the evidence of discrimination in these areas was overwhelming, in the opinion of the Congress and the executive branch in 1965 and the Supreme Court in 1966. Since that time, some progress has been made. Witnesses before this subcommittee will try to assess the extent of that progress, and whether the act is needed to preserve the gains that have been achieved. We have invited several witnesses, including the Civil Rights Commission and the Voter Education Project, to testify on the increases in black political participation during these past 10 years. We will hear from witnesses such as Clarence Mitchell from the NAACP and John Lewis from the Voter Education Project, who were familiar with the pre-1965 conditions and can relate the changes they have seen since 1955. We will have officials from jurisdictions covered by the act, such as the attorney general of Mississippi, A. F. Summer, who will discuss whether the act has worked well in their areas, and whether an extension is necessary. The subcommittee has also solicited from the Governors and attorneys general in all covered jurisdictions their written. views on the advisability of extension. Finally, we will hear from the Department of Justice, the Federal entity responsible for enforcing the act. Hopefully, the divergence of views will help us decide whether 10 years of assistance has been enough to stamp out the shameful practices of the previous century. The second phase of our hearings, which will commence April 22, will address the voting problems of Spanish-speaking citizens. The subcommittee will hear from organizations, representatives, and elected officials from jurisdictions where voting discrimination, as op pressive as existed in the covered jurisdictions before 1965, is allegedly taking place. I am also delighted that Senator Bayh has introduced a bill that Representatives Roybal, Badillo, and Jordan introduced in the House 2 weeks ago. This will aid us in focusing our attention on the problems of Spanish-speaking citizens. This legislation is a priority; as newly delegated chairman, I look forward to a full presentation of views, as well as prompt action by this subcommittee. Senator Bayh? Senator BAYH. Thank you, Mr. Chairman. OPENING STATEMENT OF HON. BIRCH BAYH, U.S. SENATOR FROM THE STATE OF INDIANA Senator BAYH. Mr. Chairman, today this subcommittee begins its consideration of one of the most important pieces of legislation before the 94th Congress-the renewal and expansion of the Voting Rights Act of 1965. Nothing can be more fundamental to the workings of a democracy than the free exercise of the franchise by all of our citizens. Those of us who serve in the Congress have no more serious and important obligation to fulfill than to do everything we can to make certain that every American, of every race, of every national origin, of every region has full and free access to the ballot box. No democracy can long remain viable if large numbers of its citizens do not participate in the elective process. The single greatest step which Congress has taken in modern times to protect the right of all Americans to vote was accomplished with the Voting Rights Act of 1965 and its extension in 1970. I personally rate the work which I did on these two bills as among the most important of my responsibilities in my years in the Senate. As a result of this legislation, much progress has been made towards including our black citizens in the political process, but much remains to be done. Between 1964 and 1972, more than 1 million new black voters were registered in the seven Southern States covered by the act's provisions. This represented a percentage increase from about 29 percent of eligible blacks registered in 1965 to over 56 percent today. Additionally, the number of black elected officials in these areas has substantially increased. Prior to the passage of the act, there were less than 100 black elected officials in the entire covered area. As a result of the act, by April 1974, the number had increased to some 964. Mississippi alone now has 191 black elected officials. This is more than any other State in the Nation, save Michigan. But, as Assistant Attorney General Pottinger has stated recently, some of these gains of the past 10 years are more apparent than real. For example, of the 191 black Mississippi officeholders, most are confined to heavily majority black counties or districts. Only one black serves in the Mississippi Legislature, although the State has a black voting age population of 31.4 percent. There thus remains a wide discrepancy between the numbers of blacks of voting age and their representation as officeholders. Alabama has a 23 percent black voting-age population, but only 3.7 percent of its elected officials are black. Likewise, North Carolina has a black population of 19.4 percent but only |