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VOTING RIGHTS

THURSDAY, MAY 25, 1965-Resumed

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 5 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met at 8:05 p.m., pursuant to recess, in room 2141, Rayburn House Office Building, Hon. Emanuel Celler (chairman of the subcommittee) presiding.

Present: Representatives Celler, Rodino, Donohue, Corman, Cramer, and Mathias.

Also present: Representatives Conyers, Grider, and Jacobs.

Staff members present: Benjamin L. Zelenko, counsel, and William H. Copenhaver, associate counsel.

The CHAIRMAN. The subcommittee will come to order.

Our first witness is Mrs. Victoria J. Gray, for the executive committee, Mississippi Freedom Democratic Party.

STATEMENT OF MRS. VICTORIA J. GRAY, ON BEHALF OF THE EXECUTIVE COMMITTEE, MISSISSIPPI FREEDOM DEMOCRATIC PARTY

Mrs. GRAY. Mr. Chairman, members of the committee: I wish to express the appreciation of the Mississippi Freedom Democratic Party, and my own, to the committee for granting us this opportunity to make our views known to you. As you are well aware, this proposed legislation is long awaited, long needed, and crucial to our efforts to realize true democracy for all people in the South. It is legislation in which Negro people in Mississippi and the South have a vital interest, and it is in the interest of some of those people from the State of Mississippi that I appear here this evening.

I have been instructed by the executive committee of the Mississippi Freedom Democratic Party to say that we fully appreciate the speed and urgency with which the administration has acted in this matter.

We further appreciate the seriousness of purpose with which leaders of both parties in the Congress have united behind this legislation. However, we do feel that there are four particulars in which this bill can and must be strengthened if it is to effectively do the job for which it was intended.

1. The first recommendation that we make is related to new elections: On Monday, the gentleman from New York, Mr. Powell, appeared before this committee to urge that provisions for the holding of new elections be written into this legislation. We overwhelmingly support this suggestion.

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la who have been victimized should vernment for redress of such e in the hands of the people litical and bureaucratic

tions of the leaderf the poll tax and itates prospective registration by Fed

astrate the desires of in the South is a matter

-H.R. 6400-procedures for one of these devices, the rposes of discrimination." evice for subverting and abortof Negro citizens to register and ne poll tax.

necessary amendment to this legisination of the poll tax in all these i where the record shows that this criminatory manner to discourage and to register and vote. Any failure of the eave untouched one of the very effective ed to prevent free access to the vote in the

› a second hardship on applicants by asking State to prove once again that discrimination

experience in Mississippi that the process of subto vote is two pronged. The first prong is obstrucof registration and this is done, as we have indicated, ureaucratic delaying actions and "unpassable" tests. ong is the use of economic harassment and physical discourage Negroes from even attempting to register nis intimidation and harassment begins usually after a its himself to the local registration official to make

reason the provision in the present legislative proposal ires a prospective voter to apply to the local registrar first, elf-defeating. It lays the prospective voter open to great and intimidation which could well discourage him from going Federal registrar.

ge that the bill be amended so that prospective voters, in areas he bill applies, may go directly to the Federal officials to be red.

mmation, what we are asking you to do on the basis of the I have set forth is:

Include in whatever voting legislation is passed provisions for ow elections.

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In a free mens that thur i pronson be minded femcemtie elections within registrars to any given area. Such action is preceden opportunity to ali politica tion in the processes by w take this under serious ad

2. We agree with thos ing the reach of the pro in behalf of the Leaders tive A. C. Powell, of No

While the Mississipp we recognize our deep denied their constitut the administration's enfranchisement has the neglect of the N as afflicted an

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We believe very test pe be able to dry pen the grievances, and the mutativ and not soie tegendent on procedures.

3. The MFPs with the ship conferees ning for t for the ema of the voters to me ppicati eral exam ners..

The use Trims tests Negroes toe in th of record well know!

In the b posed by are created via will ma so-called erary tests, to However, her equ ing democratic processes vote, still would survive We would urge that a lation must be the cor areas affected by this device has been used obstruct the right of Congress to do this techniques which is South.

The present bil them to go first t exists.

4. It has been version of the ri tion of the pro by a variety of The second intimidation or to vote.

Negro pres application For this which req could be pressure on to the We where

months, nor later than 9 months

S.

y such a provision is absolutely

t many of the States most affected al elections for the next 2 or more y-in its true meaning of governm the bill's present thrust of only n many of these States.

and the dates of their elections are ement.

true in the South that the Negro was, oting. In the Reconstruction Constiide for universal male suffrage. How'onstitution, the Ku Klux Klan and its and terror came into being to prevent m voting. These conditions continued stitution of 1890-the instrument of the e Negro."

d a literacy test, a poll tax, a constituhe voting register. Almost every Southe lead of Mississippi. Mass violence and vere no longer necessary to prevent Negroes

of the bill without requiring new elections. gree of terror and intimidation yet unseen ent. This bill in effect leaves violence and out for those who would prevent Negro voting. tional revulsion and disgust with racial events w enforcement and police brutality. Who can e four children in Birmingham, the murder of rder of Michael Schwerner, Andrew Goodman, Neshoba County, Miss.; the murder of James e spirit the refusal of Governor Wallace to do potential mass murder on the march from Selma

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Wallace's term expires in January of 1967, Sheriff County, Miss., extends to January 1968, and that S., law enforcement officials until July 1969.

mmittee takes forthright action to require new elecffected by this bill, the problems of civil rights intimand terror will increasingly occupy the Congress and the next several years.

loquently stated before the subcommittee on Tuesday ished chairman of the Committee on Education and black people of the South, who are in the greatest need is and benefits of the war on poverty, who need most to o the "Great Society," will be waiting on the outside for ssage of this bill unless a provision for new elections be

iences with the refusals of State and local authorities to Federal programs to all-much less under onditions to the Negro citizens of the South

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