and blueprint for implementing programs of integration and uplift for minority groups. So then, Alabama now boasts of a large number of black elected officials from all areas of government. I feel that our present prosperity and social cooperation is a direct result not only of the spirit and determination of the good people of Alabama, both black and white, but also of the Voting Rights Act of 1965, which dissolved old barriers of distrust, misunderstanding and ignorance. The Voting Rights Act of 1965 was needed at the time of its promulgation and is presently a good idea if properly modified; therefore, any attempt to repeal the Voting Rights Act, diminish or render it ineffective through Amendments is a backward step the country cannot afford. Dramatic confrontations were a part of the Southern regional scene in the early 1960's. National attention focused upon the South. The South was a testing ground and its struggle to rid itself of obsolete traditions made good news media copy. However, today as we look about the Nation we are not as myopic in our. view. The South by no means is the only place where social justice needed re-awakening. Each day we see the same struggle to remove barriers to social equality occurring in Boston, Massachusetts, Pontiac, Michigan and most other regions of the Nation. We find now that not only was change needed "Down South" but "Up South" also. Today we recognize other groups whose plight for too long remained invisible and whose people were denied a full measure of sharing in the opportunities of our Nation. Spanish speaking Americans, Puerto Ricans, American Indians, all need and deserve protection from our laws. Our laws should not be regionally oriented even though good results are obtained. It is my opinion that the Voting Rights Act of 1965 must be so modified as to apply fully and equally to all sections of our Nation and I urge the Senate Subcommittee for Constitutional Rights to so modify an otherwise viable and much needed law so that not just the South will be singled out. Comparatively, the South has learned well and prospered much since the implementation of the Voting Rights Act. Other parts of the country need this law extended to them so that those individuals and groups living in other states may benefit. The progress and growth presently being experienced in the South is due to the motivation and resolve of all the people to move in a cooperative fashion having learned from our recent past. Other regions of the nation need the benefit of the Voting Rights law. We should be thinking of ways to expand its provisions and protection to all groups and all sections of the country. It is my opinion that now that formerly disenfranchised persons enjoy the right of all citizens to vote that this privilege will be vigilantly guarded and with it all other rights to which they are endowed and through the exercise of that right their legitimate aspirations and needs will be fulfilled. This security for the right to vote which the Voting Rights Act offers should be given to all Americans. As written the present law does not fully accomplish this goal. I urge and support legislation which would do so. Sincerely, WILLIAM J. BAXLEY, COMMITTEE ON APPROPRIATIONS, Hon. JOHN TUNNEY, Chairman, Judiciary Subcommittee on Constitutional Rights, U.S. Senate, DEAR JOHN: Your Subcommittee on Constitutional Rights is currently considering legislation to extend the Voting Rights Act of 1965. Such legislation, if drafted to include Alaska, could have grave consequences on my State. On May 1, the House Judiciary Committee voted to report out H.R. 6219, the House version of this legislation. This bill includes "Alaska Natives" under the definition of "language minorities" and thus requires Alaska to provide ballots and other election materials in the language of each Eskimo and Aleut dialect. It is my understanding that a similar legislative proposal is now being considered in your Subcommittee. John, there are twenty different Eskimo and Aleut dialects in the State of Alaska. A knowledge of one dialect is no assurance of an understanding of any one of the other 19. Writing systems for only a few of these languages have ever been developed, and those only recently. In some of the languages, there is no word for "Vote" and "Ballot." Most Natives are unable to read their language if it is written. Inclusion of Alaska under this legislation would be extremely burdensome. More importantly, there is no justification for such inclusion. No "test" or "device" is applied in Alaska as a prerequisite for voting. By Alaskan statute, assistance is provided to any voter with either a language or a physical disability. Plain and simple, Alaska does not discriminate against Alaska Natives in voting. Twice before Alaska has been brought under the Voting Rights Act. Each time my State had to file a court suit in Washington, D.C. attesting to the fact that English-only election procedures were not used for the purpose of denying anyone the right to vote. Each time Alaska's position was exonerated by the Court. I do hope that you will exclude Alaska from any legislation reported out of your Subcommittee to extend the Voting Rights Act of 1965. Your attention to this matter is greatly appreciated. With best wishes, 52-004 - 75-61 TED STEVENS, U. S. Senator. MISCELLANEOUS MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND, Washington, D.C., February 19, 1975. Memorandum to: Tom Reston. From: A. Perez. Re: Voting rights. This memo details the findings of my trip to Texas on February 6, and 7, 1975. I. Pearsall, Texas is a town about 60 miles southwest of San Antonio, Texas. The city is in Frio County. The population of the Pearsall is approximately 5,600 people with approximately 60-75 percent of the residents being Chicano. The population of the county is about 15,000 and Chicanos comprise 60–70 percent of the population. Blacks do not constitute a measurable population. The city is typical of the small cities found in Texas where the Chicano population is on one side of the tracks and the Anglo population on the other. The Chicano population lives on the west side in small, aging frame houses; many of the streets are not paved and no street lights were visible; I observed no parks or organized recreational areas. Most of the Chicano residents appear to work on the large farms and ranches surrounding the city, or have some type of small business related to farming or ranching. i.e., hauling farm goods or produce. A few operate small shops offering semi-skilled services. The Anglo population is concentrated east of the railroad tracks with a few residents scattered in the farms and ranches around the county. The city and county governments have traditionally been controlled by the economically dominant Anglo Democrats even with the approximate 75 percent to 25 percent Chicano to Anglo ratio. A couple of years ago La Raza Unida Party (RUP) began a systematic organizing and proselytizing campaign aimed at making the Chicano electorate a more potent one.' While the Chicano in Pearsall and the surrounding areas have suffered voting abuses for many years, it is only now that these problems have been crystallized and challenged. It is very difficult to grasp the nature of some of the problems encountered (especially intimidation) unless it is realized that (1) many of the Chicanos have agrarian backgrounds 2 with little understanding of the complex social and political events that affect them; (2) Anglos have total economic domination and their power extends beyond the city and county boundaries; (3) the nearest urban influence flows from San Antonio, which is 60 miles away; (4) the educational level of the Chicanos is very low; of all the people we talked to in Pearsall not one was a college graduate, and the only such graduate I heard about was an attorney living in the city; and (5) the city is an exaggerated small city with little outside influence except for the electronic media. All of these elements result in an atmosphere wherein Chicanos can be easily controlled by the mere perception of a threat emanating from the Anglo establishment. In essence, as I traveled around the Pearsall streets I could see and sense the powerless position of Chicanos as opposed to the overbearing power of the Anglo establishment. During my stay in Pearsall I spoke to different Chicanos who in their own way related to me what problems they have had. If one problem stands out it is the intimidation problem; sometimes it is economic, sometimes judicial and sometimes it is by law enforcement personnel. Before going into the interview, I will point out some of the general problems that Chicanos face in trying to achieve full franchise. One present problem involves the question of annexation. It seems that in 1971 the city council, dominated by Anglos, decided to insure their continued 1 While there would be an inevitable hostility between an established party (1.e., Democratic) and an insurgent one (i.e., RUP), the problems Chicanos have encountered are not based on partisanship but are based on ethnic and racial grounds. The Anglos wanting to maintain power over Chicanos, the Chicanos wanting to wrest it away. 2 It is not surprising that the leaders in the politicizing of the Chicano are more educated than the majority of the Chicanos. domination of the political process by increasing their inferior numbers within the city limits. The council decided to annex 2 Anglo areas near the northern boundary of the city. The annexed areas (the Fairview and Galloway Additions) have no symmetry 3 with the city boundaries but instead stick out in a rather peculiar fashion. The annexation of these 2 areas added more Anglo voters to the city electorate thereby diluting the Chicano majority within the city limits. Subsequent to the annexation, Chicanos attempted to persuade the city council to annex 2 areas that are totally populated by Chicanos. These two areas are the extreme western sections of the Colonia Alta Vista and the Sunset Additions. A glance at Exhibit A shows that the annexation of these two areas would have been much more logical and consistent than the annexation of the Anglo areas since the former were really part of a residential area already within the city limits. The unannexed Chicano areas are contiguous to the city limits (the annexed Anglo area are not); the unannexed Chicano areas show a natural and consistent linear relationship with the contiguous city limits (the annexed Anglo areas are totally inconsistent and unnatural and have no linear relationship with the city boundaries); finally, the city limits cutting off the unannexed Chicano areas run in a way that place one part of a house within the city limits and another part outside the city limits. It would be much easier to define the city limits by the street grid, thereby avoiding the divided houses now present. (See map of Pearsall, Exhibit A.) Another problem faced by Chicanos centers on the redrawing of the county precinct lines. While elections in Pearsall are at-large, elections in the county (Frio) are by precinct. One county commissioner is elected from each precinct. A couple of years ago the county precinct lines were drawn. Following population ratios one would expect that each county precinct would have a 75 percent to 25 percent Chicano to Anglo ratio. However, the precinct lines were drawn to group most of the Chicanos in one precinct and the number of Chicanos in the other precinct were decreased to a point that a voting Anglo majority would be guaranteed. MALDEF is presently contemplating bringing a suit on this issue. The third major general complaint is the requirement of the county that a voter be required to sign a ballot stub when he votes. In short, since both the ballot and the ballot stub have twin numbers, it is easy to determine how a signer voted by finding his signed ballot stub and then matching it with the ballot having the twin number. This non-secret ballot has a chilling effect on Chicano voters because Anglo employers tell them that if they don't vote for the candidate the Anglo is supporting the Anglo will find out (i.e., the signed ballot stub) and fire them. So long as the Chicanos felt that the ballot would remain secret, they felt they could vote for the person of their choice: however, recently the ballot boxes were opened (see Paul Morales interview) and the Chicanos now are not sure their vote is secret and either don't vote or vote as the Anglo employer commands. A. INTERVIEW WITH MR. PAUL MORALES, PEARSALL, TEX., FEBRUARY 6, 1975 Mr. Paul Morales, resident of Pearsall, was interviewed in his home. Mr. Morales ran for mayor of Pearsall in 1973. Through an intensive electioneering effort, he managed to win the election by a few votes. Within 30 days his election was contested by an Anglo alleging in his petition that certain voting irregularities had occurred. The petition stated with numerical specificity the number of votes being challenged and the reasons why the votes were invalid. For example, some votes were said to be invalid because the voters were not residents of the city, others were challenged because the ballot stubs were not signed properly. Some of the reasons given for the votes being invalid could only have been stated if the contestant had had access to the ballot box. Approximately 200 Chicano voters were subpoenaed to be investigated regarding the legitimacy of their vote No Anglos were subpoenaed by the contestant. After a hearing before a judge, the many votes were declared illegal and the election 3 See attached Exhibit A-map of City of Pearsall. It has been repeatedly recognized that for blacks to be given a chance to win an elec tion they must be given a 60 to 40 ratio of black to white residents. The reasons for this is the lower black registration and the larger number of blacks under the voting age. Chicano registration rates and age distribution would compel a higher ratio than the one the blacks need. 5 As a matter of fact. in a later interview the interviewee (the then Chief of Police) stated that he had delivered the ballot boxes locked and sealed to the county clerk the Chief kept the keys to the locks. Subsequently he went back and discovered that the ballot stub boxes had been forced open. (See Crispin Trevino interview.) |