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If you look further into that you will find that these are the areas general in which complaints have been made about discrimination, which the Department of Justice has filed under the existing laws rating suits, and in which we have won voting suits. These are the Yates in which we have filed suits against discrimination in voting. Ithink you can make a judgment, on the basis of that, that the reason for the low registration and the low voting figure, is the fact that Seroes are not registered, and a further judgment that the probality is that the Negroes in those States have been discriminated

ainst.

Mr. RODINO. Would you conclude that if 51 percent of the people voting age were registered as of November 1, 1964, and 51 percent the people of voting age voted in the election of November of 1964, at there had been no discrimination in that area?

Mr. KATZENBACH. I would say, Congressman, that one could not ay there had been no discrimination in those areas, nor was it necsary to say there had been no discrimination. There may well have en, but I would say that the higher the percentage of people who e registered and who vote the less the possibility of at least wideSad discrimination.

With the enactment of this law we are trying to deal with those as in which there has simply been massive resistance to the regstration and voting of Negroes.

I don't think that all areas of the country are free of prejudice, and Ithink it is possible that in any State of this country Negroes may e been discriminated against from time to time. They may be riminated against now.

Ithink the likelihood of that on any large scale is small, and I think show the likelihood is small on a statistical basis.

Remember, we still have the power after the enactment of this bill, single out a particular county and to go through the procedures he prior Civil Rights Act which remain if there is a discrimination. ich we have not caught with the statistical judgment.

Mr. RODINO. In other words, even if more than 50 percent of the ple in a particular area voted or were registered that in itself ld not mean that cases of discrimination which might exist in areas would not be studied and acted upon?

Mr. KATZENBACH. That is absoluately right, Congressman. I re some statistics here, Mr. Chairman, which I would like to submit

the record.

I believe these figures are correct. I can say that with confidence I did not do the mathematical computations myself. Had I Te so I would not dare submit them. I believe these are correct and lieve they would tend to support the general statement that I just

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I have here an analysis of the States, voting age population, total e cast in the 1964 presidential election, percentage of population h cast its vote; number of registered voters in 1964, and that figure which I do not regard as completely reliable but the best an do: and the percentage of population of that State registered. It varies from very high figures, 90 percent in Maine, 93 percent in lana, 94 percent in Idaho, down to the lowest figure which is 44

1

percent on those registered, 33 percent on those voting, and that Stat happens to be Mississippi.

The CHAIRMAN. We shall be glad to receive those in the record. Mr. KATZENBACH. I also have for the record, Mr. Chairman, the lis of States which use a test or device as defined in section 3 (b) of th proposed Voting Rights Act of 1965. Again I believe this list to b correct. I would like the opportunity, if further research indicate we made errors, to correct it for the record, although I believe it i

correct.

The CHAIRMAN. Without objection these tables may be placed i the record.

(The tables referred to are tables A-1, and A-2 of the following set of compilations which were supplied by the Department of Justice:

INDEX TO TABLES

A-1-Fifty-State compilation of voting and registration statistics.

A-2-States which use a test or device as defined by section 3(b) of the propose Voting Rights Act of 1965.

A-3-States using tests or devices as defined by section 3(b) of the propose Voting Rights Act of 1965.

B-1-Voting age population and registered voters classified by race in thos States where use of tests and devices is suspended by the proposed Votin Rights Act of 1965.

B-2(a)-Discriminatory use of "tests or devices" challenged in Justice Depar ment litigation in Alabama.

B-2(b)-Voting age population and registered voters classified by race in thos Alabama counties in which racial voting suits have been brought under 4 U.S.C. 1971A.

B-3(a)—Discriminatory use of "tests or devices" challenged in Justice Depar ment litigation in Louisiana.

B-3(b)-Voting age population and registered voters classified by race in tho Louisiana parishes (counties) in which racial voting suits have been broug under 42 U.S.C. 1971A.

B-4(a)-Discriminatory use of "tests or devices" challenged in Justice Depar ment litigation in Mississippi.

B-4(b)-Voting age population and registered voters classified by race in tho Mississippi counties in which racial voting suits have been brought under U.S.C. 1971A.

C-1-Statutes in effect within the past 10 years requiring segregated faciliti in those States which use a test or device as defined by section 3(b) of t proposed Voting Rights Act of 1965.

C-2-State antidiscrimination laws in force in those States which use a te or device as defined by section 3 (b) of the proposed Voting Rights Act of 190 D-State voting qualifications unaffected by the proposed Voting Rights A of 1965 in States and separate counties where use of tests and devices wou be suspended.

E-Voting statistics by counties for States having "tests or devices" which a not suspended on a statewide basis by the proposed Voting Rights Act of 19 E-1-Arizona.

E-2-California.

E-3-Connecticut.

E-4-Delaware.

E-5-Hawaii.

E-6-Idaho.

E-7-Maine.

E-8-Massachusetts.

E-9-New Hampshire.

E-10-New York.

E-11-North Carolina.

E-12-Oregon.

E-13-Washington.

E-14-Wyoming.

TABLE A-1.-50-State compilation of voting and registration statistics

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This is an estimate by the Bureau of Census as of Nov. 1, 1964, taken from a memorandum issued by the
Department of Commerce, dated Sept. 8, 1964, No. CB64-93.

This column is based on figures supplied by official State sources to the Congressional Quarterly.
These percentages are based on the voting age population as of Nov. 1, 1964.

These figures are mostly based on the official reports of the various States, but in some cases do not

resent the actual number of persons registered, due to the lack of effective purging of voters who have ded or moved away or otherwise become ineligibile.

These States do not have statewide registration.

These States use a test or device as defined by sec. 3(b) of the proposed Voting Rights Act of 1965. Idaho, ach does not have a literacy test, has a "good moral character" requirement. Some of the literacy test states also have a "good moral character" requirement.

This does not include Fayette County, which has approximately 2,400 registered voters.

TABLE A-2.-States which use a test or device as defined by sec. 3(b) of the proposed Voting Rights Act of 1965

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1 This is an estimate by the Bureau of Census as of Nov. 1, 1964, taken from a memo issued by the Department of Commerce, dated Sept. 8, 1964, No. CB64-93.

2 This column is based on figures supplied by official State sources to the Congressional Quarterly.

3 States in which less than 50 percent of the voting age population voted in the presidential election of 1964. * States in which more than 50 percent of the voting age population voted in the presidential election of 1964.

TABLE A-3.-States using tests or devices as defined by sec. 3(b) of the proposed Voting Rights Act of 1965

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"The following persons *** shall be qualified to register

those who can read and write any article

of the Constitution of the United States in the English language which may be submitted to them by the board of registrars and who are of good character.

2 Order of Jan. 14, 1964, as amended, Aug. 26, 1964, by the Supreme Court of Alabama prescribing a new application form to be used by the board of registrars throughout the State, pt. VI (vouching), pt. III (acknowledge, interpret, understand).

The U.S. attorney for the District of Alaska has stated that the secretary of state believes that anyone who can speak English can vote, even if he cannot sign his name except with an "X." (Hearings on S. 2750 before the House Judiciary Committee, 87th Cong., 2d sess., p. 315.)

Alaska Statutes § 15.05.010:

"A person may vote at any election who ** (5) can speak or read English unless prevented by physical disability, or voted in the general election of November 4, 1924.”

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The former U.S. attorney for the District of Arizona has stated that an applicant must only attest to The fact that he is able to read the Constitution of the United States in the English language, and if there any question about his ability, the registrar usually asks him to read other printed papers. (Letter dated Mar. 8, 1962, to the Civil Rights Division from Hon. Carl Muecke. See, also, hearings on S. 2750, opra, p. 317.)

Arizona Revised Statutes § 16-101(A):

"Every resident of the State is qualified to become an elector and may register to vote at all elections authorized by law if he ***

Is able to read the Constitution of the United States in the English language. *

5) Is able to write his name ***

Constitution of California, art. II, § 1:

"No person who shall not be able to read the Constitution in the English language and write his or her ace, shall ever exercise the privileges of an elector in this State.

See also, California Election Code, § 100, implementing this provision.

Constitution of Connecticut, art. VI, § 1.

"Every citizen of the United States *** who is able to read in the English language any article of the Constitution or any section of the statutes of this State, and who sustains a good moral character, shall ・・・

be an elector.'

See also. Connecticut General Statutes, § 9-12 implementing this provision.

Constitution of Delaware, art. V. § 2:

"Njo person

*** shall have the right to vote unless he shall be able to read this Constitution in the English language and write his name.

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see also, Delaware Code Annotated, title 15, § 1701 implementing this provision.

"Georgia Code Ann. § 34-617(a):

The applicant) shall be required to read [the Constitution of Georgia or of the United States] aloud dwrite it in the English language."

Georgia Code Ann. § 34-117(b):

The applicant may alsol qualify on the basis of his good character and his understanding of the duties and obligations of citizenship.

Georgia Code Ann. § 34-618 sets forth a standard list of questions for those who seek to qualify pursuant 134-4.7(b) (e.z., what are the names of the three branches of the U.S. Government?) See, also. Constitution of Georgia, § 2-704 which sets forth the above requirements.

See also, Georgia Code Ann. § 34-617(a).

Constitution of Hawaii, art. II, §1:

"No person shall be qualified to vote unless he is *** able to speak, read and write the English Hawaiian language."

Idaho Code 34-404:

No common prostitute or person who keeps or maintains, or is interested in keeping or maintaining, or he resides in or is an inmate of, or frequents or habitually resorts to any house of prostitution or of ill fame, any other house or place commonly used as a house of prostitution or of ill fame, or as a house or place of resort for lewd persons for the purpose of prostitution or lewdness, or who, being male or female, do lewdly and lasciviously cohabit together, shall be permitted to register as a voter or to vote at any election in this

state.

See also, Constitution of Idaho, Art. 6, § 5, which disqualifies from voting, inter alia, persons who are members of organizations which teach, advise, counsel, encourage or aid persons to enter into bigamy or polygamy. Louisiana Rev. Stat. Title 18 § 31(3):

He shall be able to read and write.

See also, Louisiana Rev. Stat. Title 18 § 35.

Constitution of Louisiana, Art. VIII, §1(c):

"He shall be of good character and shall understand the duties and obligations of citizenship under a republican form of government."

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See also, Art. VIII, 1(d), 18; Title 18 §§ 31(2), 36. In addition, a requirement that an applicant "shall be a to understand and give a reasonable interpretation of any section of [the Louisiana or United States Constitution)," and related provisions (Title 18, §§ 35, 36) was enjoined by a Federal court, United States v. Liana, 225 F. Supp. 353 (1963), affirmed by the Supreme Court Mar. 8, 1965.

Constitution of Louisiana, Art. VIII, § 18:

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"The Board (of Registrars] shall⚫ 'issue a uniform, objective written test or examination for citizenship to determine that applicants understand the duties and obligations of citizenship.

See, also, Title 18 §191(A).

Louisiana Rev. Stat. Title 18 §31(2):

"He shall be of good moral character. ***"

"Louisiana Rev. Stat. Title 18 § 31(5):

No rezistrar or deputy registrar shall register any applicant

unless the applicant brings with him

wo qualified electors of the precinct in which he resides to sign written affidavits attesting to the truth of the facts set forth in the application form."

*Constitution of Maine, Art. II, §1:

"No person shall have the right to vote・ who shall not be able to read the Constitution in the English

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"Every elector shall be able to read and write any section of the Constitution of this State and Eve a reasonable interpretation thereof to the county registrar. He shall demonstrate*** a reasonable derstanding of the duties and obligations of citizenship under a constitutional form of government." Bee, also, Mississippi Code §§ 3209.6, 3213, implementing this provision.

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*** such person shall be of good moral character."

See, also, Mississippi Code §§ 3209.6, 3213, 3212.7, implementing this provision.

New Hampshire Rev. Stat. § 55: 10:

An applicant shall be required] to write and to read in such manner as to show that he is not being

sisted in so doing and is not reciting from memory."

ber, also, New Hampshire Rev. Stat. §§ 55.11, 55.12, implementing this provision.

"Constitution of New York, Art. 2, § 1:

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