Floor Statements

Mr. Speaker, on rollcall No. 111, had I been present, I would have voted ``yea.''

Mr. Speaker, I rise today to pay tribute to the National Association of Real Estate Brokers (NAREB) on their 65th Annual Mid-Winter Conference.

The National Association of Real Estate Brokers was formed in 1947 by twelve pioneer African American real estate professionals from seven states across the country: Nanie Black, Detroit, Michigan; Macco Crutcher, Detroit, Michigan; Carleton Gains, Detroit, Michigan; W.D. Morrison, Jr., Detroit, Michigan; O.B. Cobbins, Jackson, Mississippi; W.H. Hollins, Birmingham, Alabama; George W. Powell, Jacksonville, Florida; J.R. Taylor, Miami, Florida; F. Henry Williams, Jacksonville, Florida; Horrace Sudduth, Cincinnati, Ohio; J.W. Sanford, Oklahoma City, Oklahoma; A. Maceo Smith, Dallas, Texas. NAREB was formed out of a need to secure the right to equal housing opportunities regardless of race, creed, or color.

The goal of NAREB is to bring together the Nation's minority professionals in the real estate industry to promote the meaningful exchange of ideas about their business and how best to serve the community. NAREB strives to create an environment where creativity flourishes in both the workplace and the marketplace.

NAREB is the oldest minority trade association in America. Since 1948, when the first Conference was held in Atlantic City, New Jersey, NAREB has continued to voice their opinions and take stands against inequity and injustice in housing.

This year's conference theme, ``A New Era of Leadership'' signifies NAREB's commitment to creating a better tomorrow for the real estate industry and for our economy as a whole. It is exciting to know that this year's conference will be held in sunny South Florida. I thank them for their advocacy over the years and wish NAREB a successful conference.

Mr. Speaker, on the occasion of the Greater Miami Chamber of Commerce's Sand In My Shoes Commitment to the Community award ceremony tonight, I rise to recognize and honor one of our nation's top education leaders, Dr. Eduardo Jose Padron. For nearly 20 years, Dr. Padron has served as the president of Miami Dade College, MDC, the nation's largest higher education institution. He has garnered recognition for his leadership from six American presidents and from organizations throughout the world.

Dr. Padron was born on June 26, 1944, in Santiago, Cuba. After arriving in the United States as a refugee at the age of 15, Dr. Padron capitalized on his educational opportunities by earning a Ph.D. in Economics from the University of Florida. A decade later, Dr. Padron would become the president of Miami Dade College's Wolfson Campus. There, he implemented revolutionary initiatives that earned him a stellar reputation and propelled

him to the presidency of our nation's largest higher education institution.

President Padron's transformational undertakings at Miami Dade College, resulting in 174,000 students enrolled, greater student access, retention, graduation and overall achievement, have been hailed as the model for innovation in higher education. Currently, MDC enrolls the most minorities nationally--including the most African Americans and Hispanics. The recent list of awards applauding MDC's achievements includes the 2011 Council for Higher Education Accreditation ``Award for Outstanding Institutional Practice in Student Learning Outcomes'' and the ``U.S. President's Higher Education Community Service Honor Roll.''

President Padron's achievements in higher education have earned him hundreds of coveted awards, commendations and appointments. Six American presidents have nominated him to nationally prominent posts. Recently, President Obama selected him to represent the United States at the UNESCO's World Conference on Higher Education and appointed him as chair of the White House Commission on Educational Excellence for Hispanic Americans. President Clinton named him one of America's foremost educators and President George W. Bush nominated him to the National Institute for Literacy Advisory Board and the National Economic Summit. Among his list of prestigious awards are the ``2008 Charles Kennedy Equity Award,'' ``2008 Reginald Wilson Diversity Leadership Award,'' and the ``2008 Innovator of the Year'' from the League for Innovation.

Please join me in honoring Miami Dade College President Eduardo J. Padron for his commitment to making quality education accessible to minorities and for his revolutionary contributions to higher education.

Mr. Speaker, I rise today to pay tribute to Mr. Clarence Leonard Edwards, a lifelong South Florida community activist, U.S. Soldier, entrepreneur, pioneer, beloved son, husband, father, neighbor and friend.

Mr. Edwards was born in Jacksonville, Florida on March 3rd, 1930. After attending Edward Waters College in Jacksonville, he moved to Miami. At the age of twenty, he began a career of community service that spanned decades.

Following his service in the U.S. Army, during the Korean War, Mr. Edwards and his first wife of 38 years, Olivia Love, settled in Overtown and became instrumental in community organizing, voter registration and mentoring youth. For thirty six years, they ran a community pharmacy that served as a longstanding community gathering place.

Mr. Edwards had a forty year career with the Seaboard Coastline Railroad (Amtrak). He is also noted for pioneering blacks in the sport of race car driving. He has received numerous local, state and national awards for community and political service including: Governors recognition for his service during Hurricane Andrew, Florida Annual Civil Rights Conference Community Relations award, Proclamation of Clarence Edwards Day from Dade County Mayor, Stephen Clark and City of Opa Locka Mayor, Robert Ingram. Mr. Edwards has also received several letters of appreciation from Presidents, Congressmen and State Representatives.

We, the citizens of the 17th Congressional District, pay tribute to Mr. Clarence Leonard Edwards for his stellar service to the people of Miami-Dade County.

Mr. Speaker, I rise today to pay tribute to Dr. Henry Lewis Ill. After conducting a year-long, nation-wide search, The Florida Memorial University Board of Trustees chose Dr. Lewis to serve as the university's 12th president in 2011. I congratulate him on thirty-five plus years of leadership and service to the Florida community.

Dr. Lewis is recognized for his passion through his motto of transforming educational outlets from Good to Great. This educational passion pushed him to increase FAMU College of Pharmacy's endowment from $1 million to more than $22 million. Dr. Lewis is responsible for educating and training 25 percent of the nation's African-American pharmacists. In addition to his legacy as an educator, he raised over $95 million in biomedical research training grants.

Dr. Lewis has also transitioned his exceptional leadership skills in the community serving as the first African-American elected to the Leon County Board of County Commissioners in Tallahassee, Florida. While a Commissioner, he established the county's Minority Business Enterprise program, developed the branch health clinic network, successfully advocated legislative funding for a $2.5 million clinic building and strategically placed a $20 million public library downtown adjacent to the C.K. Steele bus terminal, making it reachable to all Tallahassee citizens.

Dr. Lewis is frequently lauded as a leader amongst leaders. He has been the recipient of the Outstanding Educator Award, Dr. Martin Luther King Leadership Award, Outstanding Tallahassean Award and Pharmacist of the Year. Colleagues, please join me in saluting Dr. Henry Lewis III, whose future educational investments will continue to create the nation's future global leaders.

Mr. Speaker, today I rise to voice my strong opposition to the legislative efforts across the nation aimed at suppressing voter turnout. Democracy is not a spectator sport. It is something we should encourage every American to engage in. A vibrant democracy is a healthy democracy, and back home in my district we take that lesson to heart. I come from Miami, one of the most vibrant cities in the world, and I intend to keep it that way. Unfortunately, some of my former colleagues in the state legislature feel differently and are doing their best to ensure that some people don't enjoy the same access to the polls this November as they did last November.

In Florida, we have enacted a series of changes to our voting laws, and I wanted to make this Chamber aware of them. I want you to hear personally, Mr. Speaker, the reasons why I feel that these new laws are not only uncalled for, but a detriment to American democracy. I feel that the letter the NAACP Legal Defense & Educational Fund, the Florida Conference of Black State Legislators, and the Florida State Conference of the NAACP submitted to Chris Herren of the Department of Justice on June 17, 2011 regarding the voting changes in Florida states my feelings clearly and succinctly. I'd like to read that letter for you now, Mr. Speaker:

June 17, 2011.

Comment Under Section 5 of the Voting Rights Act

Re: Section 5 Submission No. 2011-2187 (Submission by the

State of Florida Regarding Omnibus Elections Law Bill,

Laws of Florida 2011, Chapter 2011-40)

Chris Herren,

Chief, Voting Section, Civil Rights Division, Room 7254-NWB,

U.S. Department of Justice, 950 Pennsylvania Ave., N.W.,

Washington, DC.

Dear Mr. Herren:

Introduction

The NAACP Legal Defense & Educational Fund, Inc. (LDF), the

Florida Conference of Black State Legislators, and the

Florida State Conference of the NAACP, urge the Attorney

General to object to the pending Section 5 submission of the

State of Florida's omnibus elections law bill, Laws of

Florida, Chapter 2011-40 / HB 1355 (hereinafter ``Chapter

2011-40''), which provides for, inter alia: (1) a reduction

in the number of days for early voting from 14 days to 8

days; (2) a requirement that registered voters who have moved

between counties cast provisional ballots rather than regular

ballots; and (3) unprecedented restrictions on volunteer

third-party voter registration efforts. The state has failed

to meet its burden of showing either that Chapter 2011-40

will not have a retrogressive effect, or that its adoption

was free of discriminatory purpose.

Each of the measures described above will have a

retrogressive effect on minority voting rights. Moreover,

Chapter 2011-40 was enacted despite strong and measured

concerns presented by a majority of members of the Florida

Conference of Black State Legislators about the bill, and the

justifications proffered by the State do not help the State

satisfy its burden of showing the absence of discriminatory

purpose.

Analysis

I. Background

The implementation of all proposed statewide voting changes

in Florida is subject to the requirements of Section 5 of the

Voting Rights Act, 42 U.S.C. 1973c(a). Because five counties

in Florida are covered by Section 5 (Collier, Hardee, Hendry,

Hillsborough, and Monroe Counties), statewide voting changes

in Florida are subject to Section 5's preclearance

requirements. See Lawyer v. Dep't of Justice, 521 U.S. 567,

570 (1997) (Section 5 applies to statewide voting changes in

Florida); see also Lopez v. Monterey County, 525 U.S. 266,

283-84 (1999) (statewide voting changes are subject to

Section 5 review where a state is partially covered by

Section 5).

Laws of Florida, Chapter 2011-40, the Omnibus Elections Law

Bill that is the subject of this Section 5 submission, was

signed into law by the Governor of Florida on May 19, 2011,

and submitted for review to the Department of Justice

pursuant to Section 5 on June 8, 2011. See Section 5

Submission No. 2011-2187.

Retrogressive Effect

Section 5 prohibits voting changes that would result in ``a

retrogression in the position of racial minorities with

respect to their effective exercise of the electoral

franchise.'' Beer v. United States, 425 U.S. 130, 141 (1976).

This Comment Letter focuses on the retrogressive effect of

three provisions of Chapter 2011-40: (1) reductions in

Florida's early voting period; (2) new provisional ballot

requirements for registered voters who move across county

lines; and (3) new restrictions with attendant penalties on

third party organizations engaged in independent voter

registration efforts. As documented below, each of these

proposed voting changes will have a retrogressive effect.

A. Early Voting

Section 39 of Chapter 2011-40 (``Section 39'') amends

Florida Statutes section 101.657(1) to reduce the number of

early voting days from 14 to 8, and gives local supervisors

of elections discretion over early voting hours, changing the

hours that early voting sites must operate from a mandatory 8

hours per day (other than weekends), to a discretionary range

of 6 to 12 hours per day. Thus, Section 39 not only

essentially eliminates the first week of early voting in

Florida, by decreasing the total number of days of early

voting from the benchmark practice of 14 early voting days to

only 8 days, it also makes possible a reduction in total

hours of early voting from a mandatory 96 hours to a minimum

of only 48 hours. Moreover, by providing for wide discretion

in early voting hours, Section 39, as compared to the

benchmark practice, will likely result in substantial

inconsistency in early voting hours across the 5 covered

counties, risking confusion amongst minority voters in these

areas.

Significantly, African Americans make up a disproportionate

percentage of early voters in Florida's covered counties.

African Americans constitute only 12.15% of the voting age

population in the five covered jurisdictions in Florida, but

were 18.86% of early voters during the 2008 General Election,

with over 41,000 African Americans voting early.

Additionally, Section 39 essentially eliminates the first

week of early voting, which will have a clear retrogressive

effect on minority voters in the covered counties. During the

first week of early voting in the 2008 General Election,

African Americans constituted an even higher percentage of

early voters, 20.08% in the covered counties.

A total of over 17,000 African Americans voted during the

first week of early voting in the covered counties during the

2008 General Election. We note that the percentages vary from

county to county, and, as the table above demonstrates,

Hillsborough County featured the highest level of racial

disproportionality among voters during the first week of

early voting in the 2008 General Election, with African

Americans constituting only 14.63% of the voting age

population, but 27.70% of early voters.

The figures in our independent analysis are confirmed by at

least one news report indicating that, during the 2008

general election, African Americans were 22% of voters during

the first week of early voting in Florida statewide, despite

being only 13% of the Florida electorate. Overall, nearly 54%

of Florida's African-American voters in 2008 voted at early-

voting sites. In other words, African Americans were

significantly overrepresented in the pool of early voters

overall, and were much more likely than white voters to take

advantage of the first week of early voting. Under Section

39, however, the first week of early voting would be

eliminated, and the total number of mandatory early voting

hours potentially reduced substantially, with inevitable

retrogressive effects.

It is unsurprising that, as a group, African-American

voters have taken advantage of the access currently afforded

by the existing early voting period in Florida, given that,

as this Department has noted, minorities in the Section 5-

covered counties in Florida have lower rates of vehicle

ownership and therefore benefit from the flexibility afforded

by a wider range of early voting days. More recent Census

data shows that 17.6% of African Americans in Florida's

covered counties live in homes without a vehicle, as compared

to only 4.8% of whites. These disparities in access to

transportation mean that African American voters are more

likely to encounter greater difficulties obtaining

transportation on Election Day, such that an elimination of

early voting days would substantially curtail existing levels

of access to the polls with a resulting retrogressive effect

on minority voters.

These concerns were confirmed by Leon Russell of the

Florida State Conference of the NAACP. Mr. Russell stated the

Florida NAACP's Get-Out-the-Vote efforts will likely ``be

impacted by'' Section 39. He added that the benchmark

practice of two weeks of early voting is essential because

[t]wo weeks provided folks with options and allowed them to

coordinate voting with other reasons for being in the

vicinity of an early voting location. Even though you may

provide the same number of hours of operation, those hours

don't automatically equate to the same opportunity. With a

limited number of locations, time of day and transportation

are important.

Joyce Russell, African-American Affairs Liaison for the

Hillsborough County Government, echoed these concerns. She

stated, ``[t]he fact that [the proposed law is] going to

shorten [early voting] is going to affect African-American

voters'' in Hillsborough County, where many African-American

voters ``work different hours of the day, so they can't

always get into the regular voting hours. Many have non-

traditional working hours.'' She noted that in Hillsborough

County, ``[w]e've seen African-American voter participation

soar because of the early voting days.'' Ms. Russell stated

that a longer early voting period ``gives you more

flexibility'' for transportation, explaining that ``Black

churches have gotten involved'' in helping African-American

voters get to the polls, and that it is ``easier to arrange

church buses on a Saturday'' than it is on Election Day.

State Senator Arthenia Joyner, whose district encompasses

part of Hillsborough County, stated that ``[e]arly voting has

changed the landscape of voting'' by making possible broader

participation among minority voters,'' and that the proposed

reduction of early voting days would have a ``dramatic

impact'' on Black voters in Hillsborough County. She noted

that the total number of early voting hours in each County

will be left to the discretion of each Supervisor of

Elections, who could set the number of early voting hours as

low as 48. Senator Joyner also stated that, even if the

number of early voting hours remained the same, ``compressing

into 8 days will not do what we had before--we're losing an

entire weekend, including the Sunday before the election.''

State Representative Darryl Rousson, whose district also

encompasses part of Hillsborough County, raised similar

concerns, stating that, for his African-American

constituents, ``[c]utting back the number of [early voting]

days erodes access and absolutely chips away at a person's

opportunities to vote.'' He explained that despite statements

to the contrary, Section 49 does not ensure that the same

number of early voting hours will be ``available, because

local election officials will have discretion'' to reduce the

number of early voting hours significantly. Representative

Rousson added that ``Black leaders in my community,'' such as

pastors, will now have a harder time ``gather[ing] up

members'' for Get-Out-the-Vote efforts. He further stated

that, in his opinion, Section 39 is ``aimed at minorities--

black folks and Hispanics--whose job restrictions do not

permit them to vote at normal hours.''

This Department has previously objected to changes to

Florida's absentee voting rules based on data showing that,

in at least some covered jurisdictions, ``minority voters

disproportionately avail themselves of the absentee voting

option because they often do not have accessible

transportation to the polling place on election day and/or

have jobs that do not permit time off to vote.'' These same

considerations should guide the Department's Section 5 review

here.

To put the significance of early voting into perspective,

we note that, in the 2008 General Election, over 2.6 million

votes were cast during Florida's early in-person voting

period, accounting for an estimated 31.25% of all ballots

cast. Most significantly, the percentage of early voters was

even higher in four of the five Section 5-covered counties;

specifically, the percentage of voters who voted early in the

Section 5-covered counties were as follows: Collier (36.85%);

Hardee (43.75%); Henry (44.39%); Hillsborough (28.41%);

Monroe (33.50%).

In recent elections, Florida has been beset by ``hours-long

lines'' to vote on Election Day. Nowhere was this more true

than in Hillsborough County, the largest Section 5-covered

jurisdiction in Florida, where, during the 2008 General

Election, ``[h]undreds waited for more than four hours to

vote,'' and ``where poll workers failed to give hundreds of

voters the second page of their ballot. . . .'' At the

University of South Florida, which is ranked 14th among

undergraduate institutions nationally in awarding degrees to

African Americans, ``students waited in lines for in excess

of three-hours'' during the 2008 General Election.'' Senator

Joyner noted that, in Hillsborough County, ``we have long

lines at the inner city polls on Election Day,'' and that the

lines at the polls were ``long enough when early voting was

14 days, and they will be even longer now.''

Given these realities, early voting is a crucial means of

participation for African-American voters in the covered

counties. It is therefore clear that a reduction in early

voting days as proposed in Section 39 would have a

retrogressive effect on minority voters.

B. Provisional Ballot Requirements

Section 26 of Chapter 2011-40 (Section 26) amends Florida

Statutes section 101.045 to eliminate the right of registered

voters in Florida who move from one Florida county to another

to change their addresses at the time of voting. Under the

benchmark practice, Florida permitted voters who have moved

to update their address information in person at the polls at

the time of voting by swearing an affirmation as to their new

address. In such cases, the voters' existing registrations

are carefully cross-checked in a state database before the

voters are given a regular ballot. Section 26 eliminates that

right, so that voters who move among Florida's 67 counties

will be forced to cast provisional ballot. According to one

estimate based on 2008 election figures, the result will be

that nearly 34,000 additional Florida voters will be

required to cast provisional ballots.

This law will have a clear retrogressive effect on minority

voters in the 5 covered counties. For one, the impacted group

of voters will be disproportionately comprised of minorities,

who tend to move more frequently than do white Americans.

According to a study by the Pew Research Center, 43% of

African Americans and 48% of Latinos reported moving during

the previous 5 years, as compared to only 27% of whites.

African Americans and Latinos similarly report a higher

likelihood of moving within the next 5 years: 59% for African

Americans and 43% for Latinos, as compared to only 35% for

whites.

These numbers are consistent with statistics from the

Census Bureau showing that, in Florida's covered counties,

African Americans have lower rates of home ownership (41.62%

living in owner-occupied homes) than do non-Hispanic whites

(74.31%), and other data showing that non-homeowners move

three to four times more frequently than do homeowners. We

note that this Department has previously relied on statistics

indicating that minorities have lower rates of homeownership

in the Section 5-covered counties in arriving at a

determination to object to voting changes in Florida.

Furthermore, Florida has the nation's highest foreclosure

rate, with three of the Section 5-covered counties in Florida

continuing to experience foreclosure rates that are

substantially higher than the national average. In our

assessment, there are currently higher relative rates of

mobility amongst minorities as compared to whites in the

covered jurisdictions in Florida, and this trend is one that

is likely to continue in the coming years.

Given these facts, the expected result of Section 26 is

that more minority voters will be forced to cast provisional

ballots, and at disproportionately higher rates. State

Representative Rousson confirmed that this was the likely

result for his minority constituents, explaining that, under

Section 26, ``people who change addresses--which often

happens in minority low-income communities--[will] have[] to

cast provisional ballots'' more frequently. Ms. Russell, of

the Hillsborough County Government, also explained that this

change will ``affect African Americans disproportionately.''

She explained that ``African Americans, like other

minorities, are often working class people . . . and

sometimes they have to move.'' She noted that Section 26 is

particularly problematic because African Americans in

Hillsborough County ``have higher rates of unemployment and

being laid off,'' and that, ``[w]ith the economy like it is,

now people are having to move because of layoffs, or they

lose their home or can't pay their rent, through no fault of

their own, but they are still eligible to vote.''

Thus, we anticipate that, if implemented, Section 26 would

force a disproportionate number of African-American voters to

a different process for casting a ballot during elections,

which will be retrogressive because provisional ballots are

counted less frequently than are normal ballots, particularly

in the covered jurisdictions. During the 2010 general

election, the number of provisional ballots counted statewide

was 74.27%, but only 55.64% of provisional ballots were

counted in Florida's Section 5-covered counties, with

particularly low numbers in Collier (58.71%) and Hillsborough

(54.35%) Counties.

Statewide, the number of provisional ballots counted during

the 2008 General Election was even worse, with fewer than

half (only 48.59%) of all provisional ballots cast in Florida

actually counted. Of particular worry is that there was

substantial variation within the State with respect to the

treatment of provisional ballots: for instance, during the

2008 General Election, 80% of provisional ballots were

counted in majority-white Duval County, whereas only 60% were

counted in Section 5-covered Hillsborough County. Numbers

were even lower in Section 5-covered Collier County: 36.45%.

This suggests that the rules governing the counting of

provisional ballots are not being implemented uniformly. Ms.

Russell, of the Hillsborough County Government noted that, in

her County, forcing voters to use provisional ballots can

become ``so confusing that people will get discouraged and

stay home,'' and that, even if voters do cast provisional

ballots, ``[w]e know that those provisional ballots are not

always counted.'' State Senator Joyner also noted that it

``takes additional work by a voter'' to make sure that a

provisional ballot is counted, because voters will often have

to return to the local election authority after Election Day

in order to provide supporting documentation to ensure that

their ballots are counted. In Senator Joyner's view, this

will have a retrogressive impact on minority voters in

Hillsborough County, ``whose incomes are limited, who don't

have transportation, who'll have to make an additional trip

to verify their information.''

In sum, given the disproportionately high rate of mobility

and high foreclosure rate among minority communities within

the 5 covered counties, Section 26 would result in more

minority voters in the covered counties casting provisional

ballots, which would in turn result in fewer ballots cast by

minority voters being counted. The retrogressive effect of

Section 26 would be particularly pronounced in Collier and

Hillsborough Counties.

C. Restrictions on Third Party Volunteer Voter Registration

Efforts

Section 4 of Chapter 2011-40 (``Section 4'') amends Florida

Statutes section 97.0575 to require that any third party

organization engaging in voter registration efforts submit

any completed voter registration applications within 48

hours, or face penalties of $50 per application per day late.

Section 4 represents a substantial change from the benchmark

practice, which permitted volunteers working for third party

organizations engaged in voter registration drives to submit

completed voter registration applications up to 10 days after

receipt.

The 48 hour time period and the threat of substantial

financial sanctions for failure to comply with this new

restriction will severely hamper or completely deter voter

registration efforts by volunteer third party organizations

whose mission is to provide

voter registration opportunities to minority communities.

Leon Russell, of the Florida State Conference of the NAACP,

stated that Section 4 ``would likely discourage participation

in voter registration efforts.'' Mr. Russell noted that the

NAACP's voter registration events take place in many

different locations during various days of the week, but that

volunteers from individual NAACP units frequently ``may not

be able to turn in documents until the unit meets'' again,

which could be several days after a planned registration

event. The fact that these efforts are volunteer-based and

uncompensated makes speedier transmittal of the forms

especially onerous on the minority communities within the

covered jurisdictions, many of which suffer from higher rates

of socio- economic disparities and higher poverty levels. Mr.

Russell added, ``[t]he threat of fines will also keep

people from volunteering.''

Harold Weeks, President of the Collier County branch of the

NAACP, which regularly conducts voter registration drives in

Collier County, stated, in reference to the fines

contemplated by Section 4, that he ``wouldn't want to subject

anyone to those kind of consequences,'' particularly ``young

people'' who may mistakenly fail to turn paperwork in on

time. He added, ``[w]e don't have much money to help pay

somebody's fines.''

Ms. Russell, of the Hillsborough County Government,

observed that, in her County, ``[t]here are a lot of African

Americans, voting age individuals, who are not registered,''

but that Section 4 is ``going to intimidate a lot of African-

American groups that would love to register people as first

time voters.'' She added,

You want to do your civic duty to register people, and now .

. . it's very difficult to do. . . . Most people will feel

like it's not worth the trouble. It's really going to hamper

African-American Greek organizations (fraternities and

sororities) that work on voter registration efforts. . . . It

makes it more difficult to do that.

State Senator Joyner also noted that the ``48 hour cap will

cripple voter registration efforts.'' She stated that, ``[i]n

the Black churches there's ongoing voter registration,'' but

under the proposed change, ``you have to have someone every

day'' turn in registration forms, which is an onerous

administrative burden on churches serving low-income

communities. State Representative Rousson echoed these

concerns, stating that ``by making it 48 hours to get

registration forms in, you're stifling'' voter registration.

This is no trivial matter for minority citizens in Florida,

who have substantially lower voter registration rates than

average. As of 2008, the U.S. Census Bureau reported that, in

Florida, African Americans had a registration rate of 53.6%,

Latinos a rate of 47.4%, and Asians a rate of 35.3%, as

compared with an overall average registration rate in Florida

of 62.4%, and an average for white Floridians of 69.2%. Voter

registration drives are a crucial means of addressing these

inequalities, as studies show that African-American and

Latino voters are more than twice as likely to register in

these drives.

The implementation of Section 4 would therefore have the

effect of only worsening these registration disparities.

III. Discriminatory Purpose

Assessing a jurisdiction's motivation in enacting voting

changes is a complex task requiring a ``sensitive inquiry

into such circumstantial and direct evidence as may be

available.'' The ``important starting point'' for assessing

discriminatory intent under Arlington Heights is ``the impact

of the official action whether it `bears more heavily on one

race than another.' '' Other considerations relevant to the

purpose inquiry include, among other things, ``the historical

background of the [jurisdiction's] decision''; ``[t]he

specific sequence of events leading up to the challenged

decision''; ``[d]epartures from the normal procedural

sequence''; and ``[t]he legislative or administrative

history, especially . . . [any] contemporary statements by

members of the decisionmaking body.'' Numerous cases arising

under Section 5 have employed this standard to help ferret

out discriminatory intent in the Section 5 process.

As noted above, various features of Chapter 2011-40 will

have retrogressive effects on minority voters in the 5

covered counties. These concerns were no secret as Chapter

2011-40 was debated. To the contrary, they were raised often

by members of the public. And, without exception, every

single member of the Florida Conference of Black State

Legislators voted against this legislation.

It is noteworthy that these broad changes to long-standing

voting laws--some of which have been in place for decades--

are being proposed so recently after the last General

Election, when African Americans in Florida turned out and

exercised their political power in record numbers. One news

report noted that the changes to early voting, and in

particular the elimination of early voting on the Sunday

before Election Day, ``appear[] to be aimed directly at

discouraging Florida's black voters.'' State Senator Joyner

stated, ``we view this as an effort to marginalize the votes

of minorities in our County because we had tremendous turnout

in recent elections.'' State Representative Rousson added,

``in my mind, and in the minds of the Black leaders in my

community, there is no question about the motives behind

this. This is absolutely voter suppression and subversion.

The perception is that it is aimed directly at [the Black]

population. My constituents feel under siege.''

Chapter 2011-40 was enacted in spite of these and other

objections, but we note that the state's proffered interests

in enacting Chapter 2011-40 do not withstand even casual

scrutiny. Although the State claims that these voting changes

are necessary to prevent voter fraud, there is no evidence of

a problem of voter fraud in Florida, as even the Florida

Secretary of State has ``acknowledged that there is little

voter fraud in the state.'' Nor is there any indication of

how shortening the early voting period, requiring validly

registered voters to cast provisional ballots, or imposing

heavy fines on voter registration organizations would

actually prevent fraud. Moreover, as this Department has

acknowledged in response to a previous Section 5 submission

by the State of Florida, ``procedures used to eliminate voter

fraud should not unnecessarily burden the rights of minority

voters.'' Finally, while legislators also claimed that these

changes are necessary for the sake of reducing ``cost,'' an

interest in administrative efficiency has not been recognized

as a sufficient justification for voting procedures that

otherwise violate the VRA.

Conclusion

For the reasons identified above, we urge the Attorney

General to interpose an objection to Chapter 2011-40, as the

state has failed to meet its burden of showing that it will

not have a retrogressive effect, nor that it was adopted free

of discriminatory purpose. Indeed, the state's submission

contains no analysis whatsoever concerning the retrogressive

effect of Chapter 2011-40 on minority voters, simply

asserting without any substantiation that the proposed voting

changes ``will apply equally to all voters. . . .'' That is

not, however, sufficient to satisfy the state's burden to

show the absence of retrogressive effect under Section 5

analysis. See Beer, 425 U.S. at 141. At a minimum, the

Attorney General should issue a More Information Request

(MIR) concerning the various issues raised in this letter as

they affect minority voters in the five Florida Counties

covered by Section 5.

Should you have any questions regarding the information

presented in this Comment Letter, please contact Dale Ho at

212-965-2252.

Sincerely,

NAACP Legal Defense and Educational Fund, Inc.: John

Payton, President & Director-Counsel; Kristen Clarke,

Co-Director, Political Participation Group; Ryan

Haygood, Co-Director, Political Participation Group;

Dale Ho, Assistant Counsel; Natasha Korgaonkar,

Assistant Counsel.

Florida Conference of Black State Legislators:

Representative Mia Jones, Chair.

Florida State Conference NAACP: Adora Nweze, President.

Mr. Speaker, I don't think I could lay out my objections to the new voting laws in Florida any more clearly. I thank the authors of the letter I just read for their fine work, I only wish it wasn't necessary. Mr. Speaker, as we progress through this election season I would urge this Chamber and all of my colleagues to remember that every vote is important. Every American should be valued, and any effort to circumvent the right to vote, which some of us in this Chamber have fought so hard for, is a tragedy.

Mr. Speaker, I rise today to pay tribute to the Beta Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Inc.

Alpha Phi Alpha Fraternity, Inc was founded on Tuesday, December 4, 1906 at Cornell University, Ithaca, New York, as the First African- American Intercollegiate Fraternity. Alpha Phi Alpha Fraternity Inc. was founded by seven courageous men who will forever be known as the Noble Jewels of the fraternity; Henry Arthur Calis, Charles Henry Chapman, Eugene Kinkle Jones, George Biddle Kelly, Nathaniel Allison Murray, Robert Harold Ogle and Vertner Woodson Tandy.

The fraternity's aims of ``manly deeds, scholarship and love for all mankind'' have always been displayed by its many national programs which includes, ``Go to High School, Go to College'', ``A Voteless People is a Hopeless People'' and Project Alpha.

Alpha Phi Alpha Fraternity, Inc., successfully completed the building of the Reverend Dr. Martin Luther King, Jr. Monument in Washington, D.C., the only African-American and non-president to be so honored on The National Mall.

The local chapter in Miami-Dade County, Beta Beta Lambda Chapter raised over $2.1 million during the leadership of seven chapter presidents and the monument coordinator (Brothers Gordon Murray, W. Ajibola Balogun, Dana Moss, Ola Aluko, David Young, Maurice Hurry, Trevor Wade and Gregory Gay) for the building of the Reverend Dr. Martin Luther King, Jr. Monument in Washington, DC. Today, I commend the Beta Beta Lambda

Chapter of Alpha Phi Alpha Fraternity, Inc. for their contribution and their effort in building the Reverend Dr. Martin Luther King, Jr. Monument in Washington, D.C.

Mr. Speaker, today I rise to tell my fellow Americans that House Republicans have declared a war on the holidays. By refusing to allow an up or down vote on the payroll tax cut extension passed by the Senate, my Republican colleagues are putting lumps of coal in everyone's Christmas stockings, and taking away their Hanukkah gelt. We in Congress cannot in good conscience go home for the holidays until we ensure that our constituents can celebrate with their families instead of feeling like the Grinch stole all their presents.

We have a measure in place which nine out of every ten Senators--both Democrats and Republicans--agreed to. We have a measure in place that the President, over his own wishes, has said he will sign into law. We have a measure that the majority of my Caucus is ready to support. Why are we waiting?!

Mr. Speaker, today I urge to my colleagues to join me in support of a true payroll tax cut and unemployment extension. I urge them to join me in supporting the Senate Amendment to H.R. 3630. I urge them to join members of their own Caucus, and most of all I urge them to join the American public.

We've been down this road before. What President Obama is for, the Republicans are against; and whatever the President is against, they are for. The Republicans are not looking out for the American people, Mr. Speaker--they are only looking out for their own selfish interests and for their stated goal of defeating President Obama in 2012.

Let's put an end to these games, Mr. Speaker. Let's not give 160 million Americans a $1,000 tax hike, let's not take away the unemployment benefits of 2.2 million Americans, and let's not block 48 million seniors' access to their doctors.

Mr. Speaker, on Rollcall No. 781 on passage of H.R. 3078. To implement the United States-Columbia Trade Promotion Agreement; Rollcall No. 782 on passage of H.R. 3079, To implement the United States-Panama Trade Promotion Agreement; Rollcall No. 783 on passage H.R. 3080, To implement the United States-Korea Trade Agreement; and Rollcall No. 784 on the motion to concur in the Senate amendment to H.R. 2832, To extend the Generalized System of Preferences, and for other purposes, I am not recorded because of an absence due to illness. Had I been present, I would have voted ``nay,'' ``nay,'' ``nay,'' and ``yea,'' respectively.

Mr. Speaker, today I rise to remember Frances Reeves Jollivette Chambers. Fran was born on November 13, 1921 in Overtown--in the heart of my district. She was the daughter of The Miami Times founder Henry E.S. Reeves and his wife Rachel Jane Cooper Reeves who had emigrated from the Bahamas two years earlier. Fran was an integral part of my community, and she will be missed dearly.

Fran wed Cyrus M. Jollivette, Sr., in December 1942, was widowed in January of 1960, and married James R. Chambers in July 1963. She would remain with James until his death in June of 2000. During her life, she was blessed with daughters Regina Jollivette Frazier and Cleo Leontine Jollivette, and a son, Cyrus M. Jollivette. Before passing, she was also blessed with four grandchildren and three great-grandchildren.

Again, Fran was a leader in my community. After graduating from Booker T. Washington High in 1938, she graduated summa cum laude from Bennett College in 1942 and received a Master of Arts degree from New York University in 1959. She would later study at the University of Miami, the University of Florida, Florida A&M, Florida Atlantic, and Barry universities where she amassed more post graduate credits than required for a doctoral degree. Fran taught and guided generations of students at Dunbar Elementary, Miami Jackson Senior High, COPE Center North, and Holmes Elementary before retiring from the Dade County Public Schools in July 1979. In total, she spent more than 37 years as a teacher, reading specialist, counselor, and principal--she was an amazing woman.

In the 1950s, Fran was a volunteer for the March of Dimes and the American Heart Association, and in the 60s she was JESCA board chair, a board member of Senior Centers of Dade County, and a member of the American Association of University Women. In the 70s and 80s she was a member of the Florida State Board of Optometry and the League of Women Voters, and as a retiree in the 1990s she continued volunteering in the community while traveling the world. Ultimately, Fran visited more than 50 countries and six continents. She was a life member of Alpha Kappa Alpha Sorority and the NAACP, a platinum member of The Links, Inc., and a charter member and past president of the MRS Club, a six-decades-old group of friends. At Incarnation Episcopal Church she was a member of Daughters of the King.

Again Mr. Speaker, Fran was a remarkable woman. She will be missed.

Almost thirty years ago, and in a far different world, she conceived, developed, and implemented a research plan that would lead to a book recording the history of Miami's black pioneers. Her goal was to ensure that future generations could appreciate the long and difficult road Pioneer Miamians had traveled, and that they would not be forgotten. In the same vein, we will not forget her.

Fran's vision was realized in March, 2010, when a 120 page hard-bound coffee table book, Linkages & Legacies, was published by The Links, Inc., Greater Miami Chapter.

Mr. Speaker, today I rise with a heavy heart to announce Fran's passing, but I will leave this chamber with great joy as I remember all the wonderful gifts she gave to my community.

We miss you, Fran.

Mr. Speaker, today, you would have been fifteen. Today, you would have been a freshman in high school. Today, you would have been the fine young woman you were meant to be.

You are not forgotten.

Mr. Speaker, Rilya Wilson was a foster child of the Florida Department of Children and Families. She went missing on January 18, 2001, and was not reported missing until two years later. The resulting investigation culminated in the resignation of the DCF chief and the passage of a new law I championed in the Florida House of Representatives--a law improving the supervision of foster children and requiring the tracking of efforts to find missing children.

It was later shown that Geralyn Graham, her caretaker, engaged in identity and Medicaid fraud by accepting payments during Rilya's disappearance. Today, Geralyn is in jail, and believed by many to have murdered our beautiful Rilya. Unfortunately, circumstantial evidence is the only evidence available to prosecutors, and I fear that Geralyn Graham will walk free.

This must not happen. The laws governing the reporting of missing children simply are not strong enough. Failing to report a child you know is missing should always be a crime of the most serious kind.

Once more--Rilya, you are not forgotten. I will never sleep, I will never slumber, and I will never rest until we find you--until those responsible for your disappearance are brought to justice.

Many nights I dream that I will one day get to meet you. Every night I dream that you have grown into the fine young lady you were meant to be. Every night I dream that I will see you reunited with your loving sister, Rodericka.

I pray that it will be so.

I have asked some of my colleagues to join me today to pay tribute to a wonderful, wonderful stateswoman who represented Florida's 17th Congressional District for more than a decade--Congresswoman Carrie Pittman Meek. It is my present district. As a part of the Congressional Black Caucus Annual Legislative Conference, her colleagues are honoring her today for her distinguished service to greater Miami, to Florida, and to this Nation.

In Congress, she focused on issues near and dear to her heart and to those of her constituents, including economic development, education, affordable housing, and issues affecting Haiti and Haitian Americans.

The Miami-Dade County community has shown its appreciation to her by naming an elementary school, a health clinic, a boulevard, a branch of a local college, and a community center in her honor.

Congresswoman Meek once said, ``Service is the price you pay for the space which God has let you occupy.'' I cannot think of someone who embodies this principle more than she.

Thank you, Carrie Pittman Meek, for standing up for all of us, and we are all standing on your shoulders.

Mr. Speaker, I rise today to recognize and honor Alvin Aureliano Davis, who was recently named the 2012 Macy's Florida Department of Education State Teacher of the Year. With this honor, Mr. Davis will serve as the Christa McAuliffe Ambassador for education, touring Florida as an education advocate. Mr. Davis is the band teacher at Miramar High School and has been a music educator for the past 11 years. By actively encouraging his students and keeping them engaged on obtainable goals, his students find success both in and out of the classroom. For the past three years, every student who was a regular participating member of the Miramar High band program has gone on to college under his guidance and leadership.

Alvin Davis graduated from Florida A&M University with a Bachelor of Science degree in Music Education. He began his professional career as the band instructor at Crystal Lake Middle School, teaching the fundamentals of band to 6th thru 8th graders. As the director of the Miramar High School band, Mr. Davis, has continuously constructed his music program and performances with the philosophy of developing an award winning, academic-focused music program on the cutting edge of creativity and band pageantry.

Mr. Davis has a genuine and vested interest in his students. Passing on the legacy of music appreciation is only part of his greater mission of instilling academics and discipline. He requires his students to receive one-on-one counseling with a member of the band staff, and he personally reviews students' report cards and interim reports. Every school band rehearsal includes a one-hour study hall where students are tutored. He has implemented guidelines that high school seniors can perform only if they have registered to take the ACT or SAT college entrance exams, and must prove they have applied for admission to a college or university.

Over the years he has developed a reputation as an educator with a heart as big as the moon as he is wholeheartedly dedicated to the entire educational welfare of students.

Alvin Davis is the husband of Tiffani Davis and the proud father of 16-month-old Caitlyn. I proudly acknowledge his achievement as the 2012 Macy's Florida Department of Education State Teacher of the Year and appreciate his commitment to the many students whose lives he has positively impacted.

Mr. Chair, on rollcall No. 615, had I been present, I would have voted ``aye.''

Stated against:

Mr. Speaker, I was unable to attend to votes in the House today. Had I been present, I would have voted ``aye'' on final passage of H.R. 33, the Church Plan Investment Clarification Act.