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July
27, 2006
Voting Rights Act Reauthorized
The Road to Reauthorization
On July 27, 2007, President Bush, in a south lawn ceremony,
signed
into law the Fannie Lou Hamer, Rosa Parks, and Coretta
Scott King Voting Rights Act Reauthorization and Amendments
Act of 2006 (Public
Law 109-246).
On May 2, 2006, the House of Representatives introduced
H.R. 9. The
Senate bill, S.2703,
mirroring the language in the House legislation was introduced
on May 3, 2006. Both bills reauthorize the temporary provisions
of the VRA (Section 5, Sections 6 - 9, and Section 203)
for 25 years. The legislations do not reauthorize the
examiner provision. They do contain fixes that restore
the original congressional intent for Section 5 that had
been undermined by the Supreme Court in Reno v. Bossier
Parish II and Georgia v. Ashcroft. The Bossier
fix restores the ability of the Attorney General to prevent
voting changes motivated by discrimination. The Georgia
fix clarifies that Section 5 is intended to protect the
ability of minority citizens to elect their candidates
of choice. The legislation also gives expert witness fees
to the prevailing party in Section 2 cases.
On May 16, the House Judiciary Committee voted out the
bill (33 - 1) after rejecting two significant amendments;
one to repeal section 203 and one to remove some California
jurisdictions from section 5 coverage. It did accept an
amendment by Darrell Issa (R-49-CA) to study the efficacy
of the implementation of Section 203. A floor vote was
later scheduled for June 21. However, the scheduled vote
was postponed after a group of Republican Congressmen
voiced their displeasure with the number of amendments
that would be considered on the floor. Surprised, leaders
pulled the bill from the calendar, hours before the vote.
However, House leadership maintained their support for
the legislation.
The House finally rescheduled a floor vote for July 13.
On the day of the vote, President Bush issued a statement
expressing his support for the legislation. The floor
vote of 390 - 33 vote was the largest win the history
of VRA reauthorization. It came after the defeat of 4
significant amendments.
The Amendment by Charles Norwood, (R-9-GA) would have
updated the Section 5 trigger to include the 1996, 2000,
and 2004 elections. The effect of this would have been
to sharply reduce the number of covered jurisdictions.
This was defeated by a vote of 96-318. The Amendment by
Louie Gohmert (R-1-TX) would have limited the length of
reauthorization to 10 years. This was defeated by 134
- 288. The Amendment by Lynn Westmoreland (R-8-GA) would
have required the Department of Justice to review which
jurisdictions were eligible for bailout of section 5 coverage
and alert them of this fact and consent to the bailout.
This amendment was defeated 118-302. Finally, an amendment
by Steve King (R-5-IA) would have repealed section 203,
the minority language provisions. This was defeated by
a vote of 185 - 238. After the vote, the House bill was
placed on the desk of the Senate rather than being directly
sent to the Senate Judiciary Committee.
On July 19, the Senate Judiciary committee reported out
S.2703 with a vote of 18-0. It rejected an amendment by
Senator Tom Coburn (R-OK) that would have changed the
definition of Limited English Proficiency under Section
203. It accepted an amendment by Senator Patrick Leahy
(D-VT) to add Cesar Chavez's name to the title of the
bill. The following day, after a full day of debate, the
Senate voted 98 - 0 to approve H.R. 9 with no amendments.
The Role of the National Commission on the Voting Rights
Act
The National Commission's report was a significant part
of the Congressional record on the continued discrimination
in voting that was used to support reauthorization of
the Voting Rights Act. Several Commissioners testified
before Congress. First, in October 2005, Commissioner
Joe Rogers was invited to testify about the work of the
National Commission. In March 2006, after the release
of the Commission's report, Chair Bill Lee and Joe Rogers
were invited to testify on its findings. Also, the House
Judiciary Committee requested the entire Commission record,
which includes thousands of pages of transcripts and appendices.
This submission was made a part of the House record. Moreover,
the House Judiciary
Committee's report on VRARA references the Commission's
work many times and contains several of its maps. The
House Record was adopted by the Senate.
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Southern
Regional Hearing
Montgomery, Alabama
March 11, 2005
Southwest
Regional Hearing
Phoenix, AZ
April 7, 2005
Northeast
Regional Hearing
New York, New York
June 14, 2005
Midwest
Regional Hearing
Minneapolis, Minnesota
July 22, 2005
South Georgia Hearing
Americus, Georgia
August 2, 2005
Florida
Hearing
Orlando, Florida
80th National Convention of the National Bar Association
August 4, 2005
South
Dakota Hearing
Rapid City, South Dakota
September 9, 2005
Western
Regional Hearing
Los Angeles, California
September 27, 2005
Mid-Atlantic
Regional Hearing
Washington, DC
October 14, 2005
Mississippi
Hearing
Jackson, Mississippi
October 29, 2005
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