or State action against the Negroes' equality of treatment economically, make the poll tax a discrimination in and of itself resulting from the prior discrimination.

Thirdly, and here I do not think there is any question about action against the Mississippi and Alabama poll tax, and I would challenge anybody even to raise a serious problem about it. Under your bill, Mr. Chairman, setting up Federal registrars in those two States, the Federal registrars that you create are put in there as a remedy for discrimination. Congress has the right to give them the duties that will best further their action. Poll tax collection will impede the work of these Federal registrars.

Indeed, insofar as the poll tax is a revenue-raising measure, the Federal Government is about to do the work for the States, they are about to do the registration. If a poll tax is a revenue measure to defray the cost of the election process, the Federal Government is about to undertake a substantial part of the election process; namely, the registration.

Why should the system that you are now setting up collect money and turn it over to the States when Congress is forced to set up this Federal system because of the discriminatory conduct of the States involved?

So in Alabama and Mississippi where you have Federal registrars, certainly Congress has the power to direct those registrars to act in such way as Congress feels appropriate.

This would not deal with the Tennessee-Texas problem if the statute is limited as it is today to the seven States, but it would solve the problem in the two worst States.

Mr. MATHIAS. Would the gentleman yield?

Governor Stafford points out that the bill that he, Mr. Lindsay, and I have introduced, specifically provides that a poll tax shall be disregarded as a prerequisite to vote.

Mr. RAUH. Thank you, Congressman, for pointing that out.

I would like to insert here a table in which we point out that the Lindsay bill, to which Congressman Mathias and Governor Stafford refer, did come out for abolishing the poll tax. So does the Resnick bill, so does the Douglas-Case bill in the Senate where 10 Senators agreed to it.

In other words, the abolition of the poll tax is before the Congress in many bills as Mr. Mathias points out. We have here a table, sir, that might well go in the record here of your bill, the Douglas-Case bill, the Resnick bill, and the Lindsay bill to which Congressman Mathias refers, in which we point out that all the other three bills do ask for the elimination of the poll tax.

It might be of value to you.

The CHAIRMAN. We will be glad to accept that. (Documents referred to follow :)

Tests of moral character, vouching,
automatically prohibited in States
and subdivisions covered by bill's
formula.

Collection of current tax permitted

as prerequisite to State and local
elections. Payment allowed at
time of registration up to 45 days
before election.
Automatic where tests are applied
and less than 50 percent of poten-
tial voters were registered or did
not vote in the November 1964
election, unless State could affirm-
atively show in D.C. court that
it did not discriminate and that no
final judgment on voting dis-
crimination against it or any sub-
division had been entered in the
last 10 years.

Finding by Director of Census.

Not prohitited, but 6th-grade educa-
tion deemed to meet literacy test
requirements in those areas where
Federal Voting, Registration, and
Elections Commission (created in
bill) finds after a hearing on the
record that a pattern or practice
of voting denial or abridgment
exists.

Other State tests permitted unless
Commission finds after a hearing
on the record that they further a
pattern or practice of voting denial
or abridgment.

Poll tax prohibited as prerequisite to Poll tax prohibited as prerequisite to voting in all elections.

voting in all elections.

Enforcement of prohibi- Civil action by Attorney General...
tion.

Automatic in same States as admin-
istration bill, plus North Carolina
and plus political subdivisions of
any State in which registrars are
appointed (under registrar provis-
ions).

When President certifies that dis-
crimination in registration and
voting has ceased and there is no
substantial risk of its renewal.
Civil actions by Attorney General
(3-judge court) or by appointment
of Federal registrars.

Upon a determination by Commis- Appointment of registrars.
sion of a pattern or practice of
denial or abridgment of the right
to vote, after a hearing on the
record, the Commission may take
appropriate action including:
(1) Establishment of a system
of officials to conduct and
make returns of elections
in the area.

(2) Appointment of supervisors
to oversee elections. The
Commission could give
them the power of U.S.
marshals to arrest and
bear firearms.

(3) Establishment of a system
of registrars, who could
register people on a house-
to-house basis.

(4) Issuance of a cease-and-
desist order, enforceable
in the Federal circuit
court of appeals if the
Commission after a hear-
ing on the record finds the
test to be a discriminatory
election practice.

Douglas-Case bill (S. 1517)

Who and how appointed. Examiners appointed by U.S. Civil Registrats appointed by President Registrars appointed by Commis

Before registration by examiner ap- No requirement to try State official.. No requirement..

plicant must try to register with
State officials within 90 days.
This requirement can be waived
by Attorney General.
Civil injunction suits by Attorney
General in U.S. district court to
enforce right. Suit by United
States to enjoin certification of
election results. Votes must be
cast and counted before election is
certified.

Challenges of registration. Heard by hearing examiner. Ap

peal to court of appeals. Chal-
lenges must be made within 10
days and be supported by affida-
vits of 2 persons on personal knowl-
edge. Any person registered shall
be allowed to vote pending appeal.

Threatening or intimidating regis-
trants, denying right to vote,
tampering with ballots or records,
conspiring to deny rights, etc.,
punishable by 5-year imprison-
ment, $5,000 fine.
No basic change.

46-535-65-26