Voting Rights

(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 Commission 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 nonvoting.

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. 4509, 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 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 sometimes 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 are frequently abused so as to deny qualified citizens the right to vote on account of race or color; (5) that the poll tax as a condition of suffrage is today almost exclusively used to deny the right to vote on account of race or color; and (6) that the delays incident to granting the right to vote to qualified citizens of the United States regardless of their race or color under existing legislation have been excessive and unreasonable.

SEC. 2. DEFINITION. “Election" means any election, including an election for Federal, State, or local office; a primary election or any other voting process at which officials or candidates for public office are chosen; and any vote which decides a proposition or issue of public law.

SEC. 3. The right to vote in any election shall not be denied or abridged by reason of failure to pay any poll tax or other tax.

SEC. 4. There is hereby established a Federal Voting, Registration, and Elections Commission which shall consist of six members appointed by the President, with the advice and consent of the Senate. Not more than three of the members

shall be of the same political party. The President shall designate the Chairman of the Commission.

SEC. 5. The Commission, on application of any aggrieved person, or on its own motion, shall determine, after a hearing on the record, whether there exists a pattern or practice of denial or abridgment of the right to vote on account of race or color in any State or political subdivision thereof.

SEC. 6. Whenever a determination is made by the Commission under section 5 that a pattern or practice of denial or abridgment of the right to vote on account of race or color exists in an area, without further action by the Commission any applicant seeking to register to vote

(a) shall, by completion of six grades of education in a public school or in a private accredited school, be deemed to have fulfilled all literacy, education, knowledge, or intelligence requirements, and

(b) shall be allowed to satisfy any registration or voting requirements at any time until thirty days before an election.

SEC. 7. 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 5, it is 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 elections in the area;

(b) Appointment of supervisors to oversee elections conducted by State or local officials. The Commission may confer upon the supervisors such powers as it deems necessary to guarantee the right to vote, 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. Such registrars may secure registration on a house-to-house basis;

(d) Requiring the use of such registration and voting application forms as are consistent with the policies of this Act and which incorporate the valid qualifications for registration and voting under State law. "Valid qualifications for registration and voting under State law" shall not include any requirement the purpose or effect of which the Commission finds is to further in any way the pattern or practice found pursuant to section 5;

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

(f) Preparation, publication, and distribution of materials;

(g) Establishment, suspension or modification of registration deadlines or periods, or of other such time limitations.

SEC. 8. If the Commission finds after a hearing on the record, that any official of any State or political subdivision thereof has refused, or has aided another such official in refusing, in any way to accept or count a ballot cast by a person registered pursuant to section 7 of this Act, the Commission shall assess a civil penalty of $300 for each separate ballot not counted upon both (a) the official, and (b) the State or political subdivision thereof of which he is an official. These civil penalties shall be collected by United States marshals.

SEC. 9. (a) It shall be a discriminatory election practice for any person to1. commit in any official capacity any act which furthers the pattern or practice found pursuant to section 5;

2. interfere with or impede the effectuation of any order or action of the Commission;

3. violate any rule or regulation adopted by the Commission under section 15. (b) Upon complaint of any aggrieved person or upon its own motion, the Commission shall determine, after a hearing on the merits, whether any person has committed a discriminatory election practice. Upon such determination the Commission may issue a cease and desist order or order such affirmative action as will effectuate the policies of this Act. Such cease and desist orders may apply to all future discriminatory election practices. The Commission may apply at any time to the court of appeals of the circuit within which the discriminatory election practice occurred for the enforcement of such order and for appropriate temporary relief or restraining orders.

(c) If the Commission finds that disciminatory election practices have resulted in a substantial denial of the right to vote on account of race or color in any election, the Commission may declare the election void, and may order and conduct a new election. This subsection shall not apply to elections for presi

dential and vice-presidential electors, United States Senators, and United States Representatives.

(d) The Commission may request such further assistance from the President as it deems necessary for enforcement of this Act.

SEC. 10. APPEALS.-Any aggrieved person may appeal any determination, order, or action of the Commission pursuant to sections 5, 8, 9(b), or 9 (c) 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, a determination, order, or action of the Commission pursuant to sections 5, 8, or 9(c) shall remain in full force and effect pending appeal. In any appeal under this section, or upon application by the Commission for enforcement of its order pursuant to section 9(b), the findings of the Commission as to questions of fact, if supported by substantial evidence, shall be conclusive.

SEC. 11. TESTIMONY OF WITNESSES AND PRODUCTION OF DOCUMENTS.-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. 12. This Act shall be liberally construed so as to secure and protect the right to vote.

SEC. 13. The Commission shall appoint an executive director and such officers and other personnel as performance of its duties requires.

SEC. 14. The Commissioners shall receive an annual salary of $25,000; the Executive Director, $22,500.

SEC. 15. The Commission shall have the authority to make, amend, or rescind rules and regulations, procedural or substantive, for the enforcement of the provisions and policies of this Act.

SEC. 16. The Administrative Procedure Act shall apply to proceedings under this Act, provided that, whenever a single Commissioner has presided at a hearing, the Commission may, upon the basis of consultation with that Commissioner, decide the matter.

SEC. 17. Nothing in this Act shall be construed to repeal or supersede the provisions of title 42, United States Code, section 1971.

[H.R. 4549, 89th Cong., 1st sess.]

A BILL To provide for the implementation of voting rights, the appointment of Federal registrars, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 42, sections 1971 (a) (2) and (c), United States Code, are amended by striking out the word "Federal" wherever it appears therein.

SEC. 2. Title 42. section 1971(f), United States Code, is deleted and the following subsections shall be renumbered accordingly.

SEC. 3. Title 42, section 1971 (e), United States Code, is amended to read as follows:

"(e) In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a) of this section, the court shall, upon request of the Attorney General and after each party has been given notice and the opportunity to be heard, make a finding forthwith whether such deprivation was or is pursuant to a pattern or practice. If the court finds that fifty or more persons of such race or color resident within the affected area are qualified to vote under State law and have been, within one year from the date the proceeding was commenced pursuant to subsection (c), (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law, it shall immediately make a finding that a pattern or practice of discrimination exists.

"Upon such a finding of a pattern or practice, the court shall appoint one or more Federal registrars from a panel of no less than ten persons so designated by the President of the United States. A Federal registrar shall be appointed

by the court for one year and thereafter until the court subsequently finds that such pattern or practice has ceased.

"If the court, within forty days after the request of the Attorney General for a finding of a pattern or practice, fails to determine whether such pattern or practice exists, the President shall appoint Federal registrars in the same manner as the court is empowered to do, if the President receives statements under oath from at least fifty persons within the affected area that they have been, because of their race or color, (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law.

"The panel of persons from which Federal registrars are to be chosen shall be existing Federal officers or employees who are qualified voters in the judicial district in which the proceeding has been instituted. Federal registrars, so appointed, shall subscribe to the oath of office required by section 16 of title 5, United States Code. Such registrars shall serve without compensation in addition to that received for such other service, but while engaged in the work as registrars shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from their usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended.

"Federal registrars shall, notwithstanding a registration deadline or other such time limitations as may be established under State or local law, receive applications to register to vote of any person who is resident within the affected area and is of the same race or color as those persons who were found to be deprived of the right to vote. Federal registrars shall, in determining whether an applicant is qualified to vote, apply State law, except that, any applicant who has completed the six grades of education in a public school in, or a private school accelerated by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico, shall have fulfilled all literary, education, knowledge, or intelligence requirements. The Federal registrar shall disregard any poll tax as a prerequisite to vote.

"Applications to vote shall be received by a Federal registrar upon any working day of the week up to thirty days prior to any election and he shall forthwith determine whether an applicant is qualified to vote. If a Federal registrar determines that an applicant is qualified to vote, he shall issue to the applicant a certificate indentifying the holder thereof as a person so qualified. The certificate of qualification to vote shall be effective within the longest period for which such applicant could have been registered or otherwise qualified to vote under State law, but no less than one year or until the court finds that a pattern or practice of discrimination has ceased, whichever is greater. Copies of the certificate shall also be submitted to the court, to the Attorney General or his designated representative, and to the appropriate election officers.

"Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any appropriate election. Federal registrars shall, until the court finds that a pattern or practice of discrimination has ceased, oversee all elections conducted by State and local officials within the affected area, make tallies, and report to the court and the Attorney General or his designated representative, any person, holding certificates of qualification to vote, who have been refused the right to vote. The refusal by any such officer with notice of such certificate of qualification to permit any person to vote shall constitute contempt of court where the court has made a finding of a pattern or practice of discrimination. In addition, thereto, the court where it has made such finding, shall void any election, except an election for the office of President. Vice President, or presidential elector, where it finds that fifty or more persons, possessing certificates of qualification to vote, have been refused the right to vote in such election. If the court fails to void an election, as so required, the Attorney General shall seek the issuance of a writ of mandamus from the Supreme Court of the United States to require the court to take such action.

"Where the President, instead of the court, has found a pattern or practice of discrimination, and has appointed Federal registrars, the President shall declare such election void under the same conditions that the court is empowered to do, and shall request the Attorney General to institute the necessary legal action to have such declaration of voidance enforced.

"When used in the subsection, the word 'vote' includes all action necessary to make a vote effective including, but not limited to, registration or other

action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words 'affected area' shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words 'qualified under State law' shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) of this section in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist. "Unless stayed by an order of the Supreme Court, the action of the court or the Federal registrars pursuant to subsection (e) shall remain in full force and effect pending appeal."

SEC. 4. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 5. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

[H.R. 4550, 89th Cong., 1st sess.]

A BILL To provide for the implementation of voting rights, the appointment of Federal registrars, and for other purposes

SEC. 2. Title 42, section 1971 (f), United States Code, is deleted and the following subsections shall be renumbered accordingly.

SEC. 3. Title 42, section 1971 (e), United States Code, is amended to read as follows:

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Voting Rights: Hearings Before Subcommittee No. 5, Eighty-ninth Congress ...