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"SEC. 101. Section 2004 of the Revised Statutes of the United States, as amended (42 U.S.C. 1971), is amended as follows:

"(1) Subsection (a) is amended to read as follows:

*‘(a)(1) The Congress finds

"*(A) that the right to vote is fundamental to free, democratic government;

"(B) that it is the responsibility of the Federal Government to secure and protect this right;

"(C) that the right to vote of many persons has been impaired contrary to the requirements of the fourteenth and fifteenth amendments to the Constitution of the United States by reason of race or color;

"(D) that literacy tests, including tests designed to test the ability of a person to comprehend, understand, or interpret written or other matter or to evaluate his powers of analysis or ability to reason, have been used extensively as a device for accomplishing such impairment; and

"(E) that the enactment of this Act is necessary to protect and secure this right.

“(2) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude and without the application of any literacy test; any constitution, law, custom, usage, or regulation of any State or territory, or by or under its authority, to the contrary notwithstanding. "(3) No person acting under color of law shall

"(A) in determining whether any individual is qualified under State law or laws to vote in any election described in paragraph (2), apply any standard, practice, or procedure different from the standards, practices. or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

"(B) deny the right of any individual to vote in any election described in paragraph (2) because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

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(C) employ any literacy test as a qualification for voting in any elec tion described in paragraph (2).

"(4) For purposes of his subsection-

"(A) the term "vote" shall have the same meaning as in subsection (e) of this section;

"(B) the phrase "literacy test" includes any test of the ability to read, write, comprehend, understand, or interpret any matter and any test de signed to evaluate the powers of analysis or ability to reason of any person.'" "(2) Subsection (f) is amended by striking out ‘(a) or'".

[H.R. 4249, 89th Cong., 1st sess.]

A BILL To prohibit literacy tests with respect to the right to vote

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, no person acting under color of law shall employ any literacy test to determine the qualifications for voting in any election of a citizen who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico.

SEC. 2. (a) Whenever the provisions of section 1 of this Act are violated, or there are reasonable grounds to believe that a violation is about to occur, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the party aggrieved.

(b) The district courts of the United States shall have jurisdiction of civil proceedings authorized by this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law.

SEC. 3. For the purposes of this Act

(a) the phrase "literacy test" includes any test of the ability to read, write, comprehend, understand, or interpret any matter and any test designed to evaluate the powers of analysis, or ability to reason, of any person. (b) the term "election" includes any primary or other election for President or Vice President, for electors for President or Vice President, for Senators or Representatives in Congress, or for any office of any State or political subdivision of a State or the Commonwealth of Puerto Rico, on any question submitted to the people.

(c) the term "vote" shall have the same meaning as in subsection (e) of section 1971, title 42, United States Code (74 Stat. 90).

[H.R. 4425, 89th Cong., 1st sess.]

A BILL To further secure the right to vote, free from discrimination on account of race or color, through the establishment of a Federal Voting, Registration, and Elections Commission

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Voting Rights Act of 1965".

The Congress hereby finds: (1) That large numbers of citizens of the United States are still denied the right to vote on account of their race or color; (2) that many State and local registration and election officials are responsible for such denials; (3) that such denials are also accomplished through violence, threats of violence, economic reprisals, and other forms of intimidation; (4) that in many areas of the United States the literacy test, interpretation test, and others such devices serve no legitimate function and are used only as a means of denying citizens of the United States the right to vote on account of their race or color; (5) that the poll tax is today almost exclusively used to deny the right to vote on account of race or color and has no appreciable value in any way as a source of revenue, and (6) that the delays incident in granting the right to vote to all citizens of the United States regardless of their race or color under existing legislation have been excessive and unreasonable.

FEDERAL VOTING, REGISTRATION, AND ELECTIONS COMMISSION

SEC. 2. There is hereby established a Federal Voting, Registration, and Elections Commission which will consist of six members appointed by the President. not more than three of whom shall be of the same political party. All appointments shall be made with the advice and consent of the Senate. The President shall designate the Chairman of the Commission.

SEC. 3. The Commission, on application of any aggrieved person, or on its own motion, shall determine those States, districts, counties, municipalities, or other areas in which there exists a pattern or practice of denial or abridgment of the right to vote on account of race or color.

SEC. 4. Whenever the Commission makes a determination of a pattern or practice of denial or abridgment of the right to vote on account of race or color under section 3, then it shall and is hereby empowered to take appropriate action to correct such denials or abridgments. "Appropriate action" may include(a) establishment of a system of officials to conduct and make return of the election or elections in the affected area;

(b) appointment of supervisors of elections to oversee elections conducted by State or local officials. Such supervisors shall have full powers to guarantee the right to vote at the polls regardless of race or color, including the powers of United States marshals to arrest and to bear firearms;

(c) establishment of a system of Federal registrars empowered to register persons to vote in all elections, unless otherwise restricted by the Commission;

(d) requiring the use of such registration and voting application forms as are consistent with the purpose of this Act and with the valid qualifications for registration and voting under State law;

(e) establishment of a system of voter education and information centers designed to encourage registration and voting;

(f) preparing and publishing and distributing necessary materials;

(g) providing for Federal registrars who secure registration on a community-by-community and house-by-house basis;

(h) utilization of the provisions of section 1971 of title 42 of the United States Code;

(i) establishment, suspension or otherwise modifying registration deadlines and other such time limitations as is necessary to carry out the purposes of this Act.

SEC. 5. Whenever a determination is made by the Commission under section 3 that a pattern or practice of denial or abridgment of the right to vote on account of race or color exists in an affected area, without further action by the Commission;

(a) an applicant seeking to register to vote who has completed four grades of education in a public school or in a private accredited school shall have fullfilled all literacy, education, knowledge or intelligence requirements, and (b) fulfillment of any requirements to vote in all elections shall be allowed at any time up to thirty days preceding the date of the election.

SEC. 6. The requirement for payment of the poll tax as a prerequisite to vote in any election is hereby abolished.

DEFINITIONS

SEC. 7. (a) "Affected area" means the State or a political subdivision or subdivisions thereof.

(b) "Election" means all elections including those for Federal, State, or local office and including primary elections or any other voting process at which candidates or officials are chosen. "Election" shall also include any election at which a proposition or issue is to be decided.

(c) "Valid qualifications for registration and voting under State law" shall not include any requirement prerequisite to voting which the Commission finds the purpose or effect to be that of furthering in any way a pattern or practice found pursuant to section 3.

ENFORCEMENT

SEC. 8. (a) Any officer refusing in any way or neglecting to accept and count a vote cast by a person registered pursuant to subsection 4 (c) of this Act shall be liable for a penalty of $300 for each separate vote not counted, which shall be forthwith assessed by the Commission after a hearing and given to the United States marshal for collection. The city, county, State, or other unit of government of which the official is a part shall be assessed a like penalty. (b) It shall be a discriminatory election practice for any person to

(1) interfere with, impede the effectuation of, or disobey any order of the Commission, or to

(2) violate any rule or regulation adopted by the Commission in accordance with section 14.

(c) Upon complaint of any aggrieved person or upon its own motion. the Commission shall determine the existence of discriminatory election practice. Upon such determination the Commission shall issue a cease and desist order or take such affirmative action as will effectuate the policy of this Act. The Commission may make the cease and desist order apply to all future activity of any person committing discriminatory election practices. The Commission may apply at any time to the court of appeals of the circuit where the discriminatory election practice occurred for the enforcement of such order or action and for appropriate temporary relief or restraining orders.

(d) The Commission may declare void any election in which it finds that discriminatory election practices have resulted in a substantial denial of the right to vote on account of race or color, may declare the office vacant and may order a new election.

(e) The Commission shall request the President for such further assistance as it deems necessary for enforcement of the provisions of this Act.

APPEALS

SEC. 9. Action of the Commission pursuant to section 3 and subsections 8(a) or 8(d) shall be subject to appeal within sixty days to the court of appeals for the circuit in which the proceeding arose. Unless stayed by an order of the court or a panel thereof, the action of the Commissions shall remain in full force and effect pending appeal. The findings of the Commission as to questions of fact, if supported by substantial evidence, shall be conclusive.

TESTIMONY OF WITNESSES AND PRODUCTION OF DOCUMENTS

SEC. 10. The Commission shall have the power to compel at any designated place the attendance and testimony of witnesses and the production of papers and documents relevant to its powers and duties through the use of the subpena. Upon refusal to obey a subpena, the Commission may apply for its enforcement to the court of appeals of the circuit in which the inquiry is being held. The court shall forthwith order full compliance with the subpena and shall cite a refusal to do so as a contempt.

SEC. 11. It is hereby declared to be the policy of the United States that wherever a pattern or practice of denial of the right to vote on account of race or color exists in any area, all reasonable doubts shall be forthwith resolved in favor of registration and voting rather than in favor of nonregistration and non voting.

SEC. 12. The Commission shall appoint an executive director and such officers and other personnel as performance of its duties requires.

SEC. 13. The Commissioners shall receive an annual salary of $25,000; the executive director, $22,500.

SEC. 14. The Commission shall have authority from time to time to make, amend, or rescind in the manner prescribed in the Administrative Procedure Act any rules and regulations which may be necessary to carry out the provisions of this Act.

SEC. 15. The Administrative Procedure Act shall not be construed to apply to proceedings under this Act except as provided in section 12.

[H.R. 4427, 89th Cong., 1st sess.]

A BILL To further secure the right to vote, free from discrimination on account of race or color, through the establishment of a Federal Voting, Registration, and Elections Commission

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Voting Rights Act of 1965".

The Congress hereby finds: (1) That large numbers of citizens of the United States are still denied the right to vote on account of their race or color; (2) that many State and local registration and election officials are responsible for such denials; (3) that such denials are also accomplished through violence, threats of violence, economic reprisals and other forms of intimidation; (4) that in many areas of the United States the literacy test, interpretation test and other such devices serve no legitimate function and are used only as a means of denying citizens of the United States the right to vote on account of their race or color; (5) that the poll tax is today almost exclusively used to deny the right to vote on account of race or color and has no appreciable value in any way as a source of revenue, and (6) that the delays incident in granting the right to vote to all citizens of the United States regardless of their race or color under existing legislation have been excessive and unreasonable.

FEDERAL VOTING, REGISTRATION AND ELECTIONS COMMISSION

SEC. 2. There is hereby established a Federal Voting, Registration and Elections Commission which will consist of six members appointed by the President, not more than three of whom shall be of the same political party. All appointments shall be made with the advice and consent of the Senate. The President shall designate the Chairman of the Commission.

SEC. 3. The Commission, on application of any aggrieved person, or on its own motion, shall determine those States, districts, counties, municipalities or other areas in which there exists a pattern or practice of denial or abridgment of the right to vote on account of race or color.

SEC. 4. Whenever the Commission makes a determination of a pattern or practice of denial or abridgment of the right to vote on account of race or color under section 3, then it shall and is hereby empowered to take appropriate action to correct denials or abridgments. "Appropriate action" may include

(a) establishment of a system of officials to conduct and make return of the election or elections in the affected area;

(b) appointment of supervisors of elections to oversee elections conducted by State or local officials. Such supervisors shall have full powers to

guarantee the right to vote at the polls regardless of race or color, including the powers of United States marshals to arrest and to bear firearms;

(c) establishment of a system of Federal registrars empowered to register persons to vote in all elections, unless otherwise restricted by the Commission; (d) requiring the use of such registration and voting application forms as are consistent with the purpose of this Act and with the valid qualifications for registration and voting under State law;

(e) establishment of a system of voter education and information centers designed to encourage registration and voting;

(f) preparing and publishing and distributing necessary materials;

(g) providing for Federal registrars who secure registration on a community-by-community and house-by-house basis;

(h) utilization of the provisions of section 1971 of title 42 of the United States Code;

(i) establishment, suspension or otherwise modifying registration deadlines and other such time limitations as is necessary to carry out the purposes of this Act.

SEC. 5. Whenever a determination is made by the Commission under section 3 that a pattern or practice of denial or abridgment of the right to vote on account of race or color exists in an affected area, without further action by the Commission:

(a) an applicant seeking to register to vote who has completed four grades of education in a public school or in a private accredited school shall have fulfilled all literacy, education, knowledge or intelligence requirements, and

(b) fulfillment of any requirements to vote in all elections shall be allowed at any time up to thirty days preceding the date of the election.

SEC. 6. The requirement for payment of the poll tax as a prerequisite to vote in any election is hereby abolished.

DEFINITIONS

SEC. 7. (a) “Affected area" means the State or a political subdivision or subdivisions thereof.

(b) "Election" means all elections, including those for Federal, State, or local office and including primary elections or any other voting process at which candidates or officials are chosen. "Election" shall also include any election at which a proposition or issue is to be decided.

(c) "Valid qualifications for registration and voting under State law" shall not include any requirement prerequisite to voting which the Commission finds the purpose or effect to be that of furthering in any way a pattern or practice found pursuant to section 3.

ENFORCEMENT

SEC. 8 (a) Any officer refusing in any way or neglecting to accept and count a vote cast by a person registered pursuant to subsection 4(c) of this Act shall be liable for a penalty of $300 for each separate vote not counted, which shall be forthwith assessed by the Commission after a hearing and given to the United States marshal for collection. The city, county, State or other unit of government of which the official is a part shall be assessed a like penalty.

(b) It shall be a discriminatory election practice for any person to

(1) interfere with, impede the effectuation of, or disobey any order of the Commission, or to

(2) violate any rule or regulation adopted by the Commission in accordance with section 14.

(c) Upon complaint of any aggrieved person or upon its own motion, the Commission shall determine the existence of discriminatory election practice. Upon such determination, the Commission shall issue a cease-and-desist order or take such affirmative action as will effectuate the policy of this Act. The Commission may make the cease-and-desist order apply to all future activity of any person committing discriminatory election practices. The Commission may apply at any time to the court of appeals of the circuit where the discriminatory election practice occurred for the enforcement of such order or action and for appropriate temporary relief or restraining orders.

(d) The Commission may declare void any election in which it finds that discriminatory election practices have resulted in a substantial denial of the right to vote on account of race or color, may declare the office vacant, and may order a new election.

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