Mr. Chairman, the Voting Rights Act has a proud and important legacy in my home State of Georgia and across the United States. With minor changes that would modernize the Voting Rights Act and better reflect the reality of what is…
Mr. Chairman, the Voting Rights Act has a proud and important legacy in my home State of Georgia and across the United States. With minor changes that would modernize the Voting Rights Act and better reflect the reality of what is happening in the 21st century, I would be joining many of my colleagues in voting ``yes'' today.
But the bill we have before us is fatally flawed. This rewrite is outdated, unfair, and unconstitutional. I cannot support it in its current form.
This rewrite treats Georgia as if nothing changed in the past 41 years. In other words, this rewrite seems based on the assumption that the Voting Rights Act hasn't worked.
As a Georgian who is proud of our tremendous progress and proud of our current record of equality, I am here to report to my colleagues in the House that the Voting Rights Act has worked in my State, and now it is time to modernize the law to deal with the problems of today, not yesteryear.
Mr. Chairman, it is true when the Voting Rights Act was first passed in 1965 Georgia needed Federal intervention to correct decades of discrimination.
Now, 41 years later, Georgia's record on voter equality can stand up against any other State in the Union. Today, black Georgians are registered to vote at higher percentages than white Georgians, and black Georgians go to the polls in higher percentages than white Georgians. One-third of our state-wide elected officials are African Americans, including our attorney general and the chief justice of our Supreme Court. Plus, African American representation in the State legislature closely mirrors their representation in Georgia's population.
But don't just take my word for it on Georgia's progress. Listen to this ringing endorsement from my colleague from Georgia, Congressman John Lewis, an icon of the civil rights movement. Under oath in Federal court 5 years ago, Congressman Lewis testified: ``There has been a transformation. It's a different State, it's a different political climate, it's a different political environment. It's altogether a different world we live in. We've come a great distance. It's not just in Georgia, but in the American South, I think people are preparing to lay down the burden of race.''
If he said that under oath, sworn to tell the whole truth and nothing but the truth, why is he telling the House something different today? The reason he was under oath was because he was testifying in front of the Department of Justice that it was okay for the majority-minority districts in Georgia to be diluted, in direct violation of the Voter Rights Act.
My other friend from Georgia, Congressman Scott, voted for that. Though it defies common sense, this rewrite of the Voting Rights Act gives no consideration to any changes that may have occurred since the first law was passed in 1965.
The House is voting today to keep my State in the penalty box for 25 years based on the actions of the people who are now dead. By the end of this renewal, Georgia will have been treated by Federal law as a bad actor for 66 years, Mr. Chairman. To put that in perspective, 66 years ago, FDR was in his second term, and the Japanese were more than a year away from bombing Pearl Harbor.
By passing this rewrite of the Voting Rights Act, Congress is declaring from on high that States with voting problems 40 years ago can simply never be forgiven, that Georgians must eternally wear the scarlet letter because of the actions of their grandparents and great- grandparents. We have repented, and we have reformed, and now, as Fannie Lou Hamer famously said, ``I am sick and tired of being sick and tired.''
Lastly, this renewal is unconstitutional. In 1966, the Supreme Court of the United States ruled that section 5 of the Voting Rights Act, the section that singles out certain States for Federal oversight, was constitutional only because it was narrowly tailored to fix a specific problem and temporary. You don't have to have a law school degree to know that this rewrite of the Voting Rights Act fails both of those tests. At 41 years, we are already way past temporary. And the application of section 5 is now arbitrary because this House cannot present evidence of extraordinary continuing State-sponsored discrimination in the covered States that is different from the rest of the Nation.
As such, section 5 has served its purpose and is no longer an appropriate remedy in light of today's new voting problems.
The Voting Rights Act represents a grand trophy of great accomplishment for Congress, but after 41 years, the trophy needs dusting. We could have given the trophy a new shine for a new century, but sadly, that didn't happen.
And still this bill states explicitly that my constituents cannot be trusted to act in good faith without Federal supervision. That assertion is as ignorant as it is insulting. I cannot and will not support a bill that is outdated, unfair and unconstitutional.
Mr. Chairman, I appreciate my good friend from Georgia yielding the time to me, and I appreciate his work on behalf of the Voting Rights Act during the process of this debate.
Mr. Chairman, this bill is named after Fannie Lou Hamer, Coretta Scott King, and Rosa Parks. These brave women dedicated their lives to ensuring that everyone had access to the polls and the right to vote. It is up to us standing here today to honor their legacy by ensuring that the bill we pass to rewrite the Voting Rights Act will stand the test of time forever.
There is no question that the Voting Rights Act was needed in 1965. Georgia had a terrible record and merited the drastic remedy imposed on it by preclearance and section 5. The thrilling thing is, it worked; Georgia is not the same place it was. Today, we have more than 600 elected black officials; nine of the 34 statewide officeholders are minorities, and black voter turnout in the 2000 election exceeded white voter turnout. Georgia is a changed State, changed for the better because of the Voting Rights Act.
A cornerstone of the civil rights movement, my friend from Georgia's Fifth District, Mr. Lewis, said, under oath during a lawsuit in 2002: ``We have changed. We've come a great distance. I think it's not just in Georgia, but in the American South, I think people are preparing to lay down the burden of race. There has been a transformation. It is altogether a different world.''
My concern is that failing to acknowledge the change will result in the VRA being found unconstitutional. There is no basis for continuing to single out certain States, especially when more than half of the findings of liability on section 2 claims have come from States outside the covered jurisdictions. The remedy of section 5 is no longer congruent and proportional to the discrimination that exists.
We must have a record on which to show continued drastic remedies are needed, and that record is not here from this reauthorization. The lack of evidence of State-sponsored discrimination is of major concern for the future of the VRA when viewed by a court. There is a lot of paper, but not many facts or statistics to show why Georgia is different from Tennessee or why Texas is different from Oklahoma or why racially polarized voting in Wisconsin shouldn't be addressed with a remedy such as the VRA. Updating the formula is the answer.
Mr. Norwood's amendment does not gut the VRA. It ensures its continuity for future generations. By rolling the formula, every jurisdiction is reviewed every 4 years. Low turnout generally means problems with voting, and this amendment uses the same formula already in law to identify these problems.
Any Member who votes against this amendment whose district is covered based on this amendment is being disingenuous about their views on civil rights. You argue for equal rights and the beauty of the VRA, but don't want it applied to your State or in your district.
Mr. Chairman, I urge the Members, such as Mr. Chabot, Mr. Fitzpatrick, Mr. McGovern, Mr. Diaz-Balart, Ms. Kilpatrick, Ms. Tubbs Jones and Chairman Sensenbrenner, who have talked about how good this bill is, to vote for this amendment. If it is good for the South, it should be good for your State and good for your district.
Mr. Chairman, I urge all Members to support the efforts made by Mr. Norwood.
Mr. Chairman, I rise once again to argue for strengthening the Voting Rights Act. When I first heard about the rewrite, I was shocked to learn that we were going to put the same States that had problems in 1964, 1968 and 1972 under coverage for an additional 25 years without solid evidence that they continue to have State-sponsored discrimination different than any other State.
Chairman Sensenbrenner has talked about that; we do not have enough history if we just do it for 10 years.
We have had 41 years of history, and we cannot make a judgment on that, of the States that are not under section 5. We do not know how many violations they have. Some here today have cited the number of objections in Georgia. One of the recent objections in Georgia came from Dougherty County in Albany, Georgia, where a black majority city council had their objections that were sufficient for the Justice Department to rule.
Let me just read about some of the other objections in Georgia we keep hearing about. Six of these were creation of additional judicial slots in superior and State courts, objections for which the Federal courts found no merit since they approved these additional judgeships.
Another four objections went to redistricting plans. The first three forced Georgia to draw districts that courts later found to be unconstitutional under Miller v. Johnson. The fourth involved the post- Miller plans to correct for racially drawn State legislative districts.
An eleventh objection involved Monroe municipal elections that a court deemed to have already been precleared.
An October 1992 objection in Union City was withdrawn, and there is no indication that the city made any changes to secure removal of the objection. That might be a twelfth inappropriate DOJ objection.
The key number is, since 2001 there have been only five objections. This is
when every jurisdiction in the State of Georgia, 159 counties, 300 cities, 180 school boards, 180 house districts, 56 senate districts, were redrawn in redistricting plans. That is hundreds and hundreds of plans that only had five problems, and only four were objections to redistricting plans, and one of those was, the objection was a plan drawn by a black majority city council in Albany, Georgia.
When we talk about these objections, let's talk about facts. Let's just don't say objections. Let's talk about that most of these objections had no facts.
We do not know how many objections will be brought up across this country because of racial discrimination, because in 2002 a lawsuit brought in Wisconsin said that there was more polarized voting at a higher percentage in Wisconsin than in the South.
Let's look at this whole country, let's look at it for 10 years, and then let's come back and see what the results are.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to offer an amendment to help save the Voting Rights Act. After carefully studying the issue and collecting information about the renewal, I have serious concerns about the constitutionality of this rewrite of the VRA.
When Congress last renewed the Voting Rights Act 25 years ago, it adjusted the system for providing bailout, a way for covered jurisdiction, if its record is clean, to get out from under coverage.
Congress believed that there would be a flood of bailout petitions, as a result, from jurisdictions with clean records. Instead, only 11 counties, and I believe they are all from Virginia, out of the thousands of jurisdictions covered have bailed out.
So today, hundreds of jurisdictions that are otherwise able to bail out simply are not doing so; and the committee did not appear to explore this question in detail during its hearings. My concern is that a failure to provide a better way to get out from coverage will result in the Supreme Court looking at the preclearance portion of this act in a negative way.
We must provide a better way for jurisdictions to get out from under the coverage. Although the bailout procedures are in place, many times small jurisdictions cannot figure them out or are afraid of asking to bail out and being rejected.
In order to bail out, a county has to hire an attorney and sue the United States Department of Justice in Federal court in Washington, D.C. Let me say that again. My hometown of Grantville, Georgia, with a population of 2,270 people, that has never had an objection lodged against it, would have to sue the United States Department of Justice in Washington, D.C., in order to bail out.
My amendment seeks to address the bailout issue by requiring the Department of Justice to assemble a list, using its existing databases, of all the jurisdictions that are eligible to get out from under Federal oversight, and then consent to entry of judgment, letting those jurisdictions out from coverage. The genesis for this idea came from Professor Rick Haysen, who is one of the leading election law experts in the country and has carefully studied the constitutional issues surrounding the renewal of the Voting Rights Act. He openly supports this amendment and urges all Members to look carefully at it.
The amendment does not change the existing bailout requirements, nor does it prevent any other party from intervening in an action for bailout and objecting, requiring a full trial.
The amendment does not get the VRA; it does not make a bill change to the bill, except to ease the process for jurisdictions that do not have problems with discrimination to get out from under coverage.
Some say this is a difficult burden to place on the Department of Justice, or that it cannot obtain all the information necessary. But the DOJ is free to request information of every jurisdiction in this country whenever it so desires. And it has the evidence of lack of objections in its possession.
Mr. Chairman, I urge all Members to carefully consider this question. We all want to preserve the legacy of the Voting Rights Act, and not giving careful consideration to the constitutionality of the renewal will probably result in the Supreme Court throwing it out.
To prevent that from happening, I urge that all Members support the Westmoreland amendment to H.R. 9.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, the distinguished chairman of the Judiciary has argued that my amendment places an impossible burden on the Department of Justice. All we are asking them to do is to look at the jurisdictions that are now covered under section 5, and hopefully, I thought that the Department of Justice was looking at these jurisdictions. I thought they were keeping up if there was any violation or not any violation. The chairman of the Judiciary has just really caused me some concern to think that we are under the coverage of section 5, but nobody is looking at us. Nobody is looking to see if we are doing the right thing or not. I am confused. Maybe we need to do some more legislation to make sure the Department of Justice is doing their job.
They are the ones that know if there have been any objections. They should be the ones that have the information to know if a city or county should be able to bail out or not. Maybe this is why jurisdictions aren't bailing out.
I listened to the chairman read all the stuff. I felt like I was listening to an algebra problem. That is the reason we do not know if we can bail out or not. With all of its lawyers and all of its resources, if the Justice Department cannot figure out who can bail out, how in the world is a small city or county going to make that determination?
The chairman of the committee appears to be arguing my point. The bail-out procedures are so complicated that even the Justice Department cannot figure them out. That seems to indicate that we may need to take another look at the bail-out provisions in this law, which does not appear to have been done by those 12 hearings with all these different witnesses that never once looked at the flawed bail-out procedure.
I would also ask whether this burden is better borne by the Federal Government or by small cities, such as my hometown of Granville, and counties that are not able to come to Washington to litigate their past history
Mr. Chairman, I yield 7 minutes to my colleague from Georgia (Mr. Norwood).
Mr. Chairman, may I inquire as to how much time remains for each side?
Mr. Chairman, I yield 3 minutes to my colleague from Georgia (Mr. Gingrey).
Mr. Chairman, the district court specifically did not rule on the issues raised by the plaintiffs in the case that my colleague from Georgia is talking about, the Voting Rights Act.
Mr. Chairman, I have no other speakers at this time, and I reserve the balance of my time.
Mr. Chairman, Professor Rick Hasen was quoted today saying if Congress goes on and passes the current version, as is, with a 25-year extension, there is significant danger that the measure is struck down.
Professor Sam Issacharoff was quoted saying: ``To the extent that the coverage of jurisdiction continues to be triggered by what happened in 1964, it puts a great deal of constitutional pressure on the continued vitality of the act.''
Neither of these men are conservatives. Neither of these men support me. These are liberal law professors who are very learned in the election law field that support this amendment. So if you want to talk about somebody stabbing the Voting Rights Act in the heart, or if you want to talk about somebody that is doing this because they do not have any desire to see it continue, you need to talk to these people, these liberal professors who agree with me and support what I have said.
Mr. Chairman, I think the one thing that I have learned here today is that section 5, as looked at by the Department of Justice, is not really looked at. The only thing they are is a bunch of checkers. They just check things as they come in to them, rather than looking at these 900 jurisdictions.
By the way, if Mr. Norwood's amendment passes, it would be a lot more than the 900 jurisdictions to be looked at, because of problems all across the Nation. But our DOJ has more attorneys on staff than the city of Granville does or the county of Coweta or the State of Georgia. If they do not know what jurisdictions should be able to bail out, God forbid that any city, county or State does.
I ask that the Members of this House please support the Westmoreland amendment to H.R. 9.
Mr. Chairman, I yield back the balance of my time
Mr. Chairman, I demand a recorded vote.