Correspondence from Edmisten and Leonard; Cavanagh v. Brock Deposition of Michael S. Michalec; Reapportionment Criteria; Affidavit of William Kenneth Hale

    ) btobr 5, lgEl CONGRESSIONAL RECOR"D - HOUSB

v.\ .J

H 6eir

t
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i.

Shrt thb body woultl rcrect thc noUon pllcd for ,ob. got ,obc rnd 9(X) morc {, ancserud "pre8ent" l, not rottnl ?t,
of an experulve, ner &ructure for the tndlvldualr got thcm on thetr owr" es followr
CIA unUl thl,r Nrtlon lr sell on lts way Thls reootd b toppe<l only by tRoll No ttlltoepun4g yg'ffiI**r*iL%*il1 Il"5 rEAH'o

BupFoRr FARu ErpoRrB. '1TI;]?S ff [$T';*Hf;, iltr Hftl*1, H#f(ltr. GOATB esled rnd rrr SlveD hgve not donC rO well I 11a Drogd that liex-aor Dr.us (rN) r.ons (r.A)
permlrrlon to rddrec the_Eouce lor -l New Jersey nntr recond 

-rmorU all l*.-"plg Fuy Lon3 (xDt
mlnute .Dd to rtd!€ lnd ertend hls trri reet of 

-ttre 
60 6ta1es o:t trre-Uiro.r l#X:|, mu il11"o,"^,rernertr') r 

- 

Aucotn FehrB r.sry(wA,Mr. COATB. lf,r. Bpeaker, ar we 

- 

Bsdh&m Ferrrro l,uJ8n
be8in debate thls week on the t98l IRISH EITNGER S|AI?rrE! ENDS- Blttev (PA) Pteldt Lundlr
fr.rE bul thce of us wbo rne son- WEAT WILL FoIJ.Ow? **Y f,lno'", H*:Heerned rbout tbe rtrength ol our 88rl: (Ul. BII|OOI rsked end sas glven B"a;r Frrhrrn lrsrks
culture rector cru only be encounSled permlcslon to rddress tJre Eouse tor t Pglt:I=l Fuppo MrrtelE
by ttre Rercrn adminirtratlon o ,rn- fiGutc rnd to revrse raA extend-iG ffftffi. *]ir,rr, ill[l**,Douncenent lrtc ltlt r-eek -ttrgt tbe remerfg.l Benne* rbrslth€ urr,tr(Ny)
Eovlet Unlon wtu be }qofts to pJ,rl - -ur. areool. Mr. Epeater, ar chetr. P:11y.!'1 nounteln -;t""r
c-lr8se tn uldltlonrl l8 rllbn Eetrlc *----J-+L-^;i--*i;:-;;-'tr--;;_ Bethun? Foslcr xatlor
toruorAmedcaa,oS"fffi#fTf *R;tlJ5m;,^*m,m: ffft," ffi, tgt'*tlre nert 12 mouthr.Fennerae.oss*d$:i&H -f"#tr*H*": ilHil m*" ffiFttclDrtlDt bumpct crq
the berlr ef rvenl ,

memDcrror qv rourtb^dldrtst^g,t* eiruoea- - uy crrarnar -Eornrs YT:_ od,hr,il xcE*.*en

ffi"ffiffi"Pfiffi| g;igi;*"i?j",*,,#"*]',S ff;;'il LryH" [Hr#rns frmers to rDsorb.the[ {rre^-of ilie fo" Ure arittsU Ooveranegt to sori" oonltc, Michel

tm,*ttJ",,i"Xffi,H$ffiffi#;!*,ffi?ii,;ffi*," gfr" gii&,rubsldlea But h plect

rff.rlH,'ffi:TffilEffi dHeffi,ffitrffiy# ir*n*_ En"t xlffi,*crops. I belleve ttre
announceocnt *8tl*3!-lflb^t: t't"*11v tJrelr cifortr to E-e -iortfi luuer- - rageaorn M;t o'€r,

ffn"*ffiff&&ffi#"sx ffi,3kqffi"",* ffi gilE" gffieral years of rlmost D

13.11; *" reara !,"e"g;1g-.1.;5 jffigy*'mg;*"ren $H:l Effif-$JHjagrlculture secior tus

"1t'**ee""'"'Hffi Hffiffi ffi*, m*' $ffi
stdie6" but on exfadi
frnn exportr have lnq
btlllon h lYI0 to rrou
rgEt. ctearly, our frrmen heve tlrc ca. . 

- 

Hffi EHi' 3g:Sr*
pablllty to lecd the world. .Aa Memben VOTING RIGETS AcT courtrr_ Il.ft l obey
of Consress, we must sort to provlde ErrENsrON B#!:*fif;- EllS" moeverv opportunltv EeuHtiJ$ffil 

^Dtr. 
EDwAn,Ds or cerro*rta. Mr. #;;; Elf"l'-- #g*the l08l faro btll to

cen termer to "u"yo-f,i"-ioffiii"r 
Speaker, I move that the Eous! 1e- c;;;ii*' Emb Ferrtnr

ffiffi#r-fl'ffssffi+*: ffiifr ffi ffi;rermer es we consrd"" tilG r--i5ii-,i l["*['.[H'rf,1'3] lfo . exrend o.vts Er'r"" eurueDlegislation' 
_ certain provtstons for an "iaiiio,iJlo *^f.S--" auuter R.tdr

: - yeers, tb extend ertain ottrii i-*;i: *li:H" Hlf B:l?Y-
NEW JERSEY CETA WORI(EA,S sions for an additlonel ? years, and for D€rr,ck trd.d Rat hrord

FINDING JOBS other purposes. rren'lnski &frri{x R€sula

(Mr6. IIENWISK rsked and was -The SPEAEER- TLe questloa_ts on ffi ffi *f.*
given perurlsdon to rddress 0he Houee the motion offered by the gentleman Ddrneuy Jona (oK, Rbhmond
ior t mtnutc a,nd to revise and extend from Califonrle (Mr. Eoweam)' Dorgu JG(TN) Rineldo

hertcmarts.) The question Eas ! ken; and the trH Efn*du' Elfft,ru,
Mrs. FEIfWICK. Mt. Epeaker, I Speaker ennounced that the ayes 8p- -p"r."I'v Ecup noberr. (ED)

thinl B 3reet prny Of OUr COlleagUeS peared to have it. Dreier Eilde Robimon

and tJre -public ere'lnterested in i'trat Mr. SE}{SEL{BRBINER..yr. Sneax; BXH' *HS ExH:',
has happened to some of those who er, I object to the vote on the gound 6;;;r K,a,,'! Rorers
let ttreir .lobs wben tJ.Ie CEIA pro- ttrBt i quoruE b not present and Dl'In8llr t^fblce Rcse
gra'Its were ended- I rm proud of my meke the potnt of order that a quorum ilTrl ffi** ltr*'jlStat€. Ilere erre Bome fiSures for the lB not present. Eckarr rrttr Rol,bar
record. The SPEAI(ER. Evidently a quorum Eluar I-..ch Rudd

Ttre New Jersey StBt€ Department lsnotpresent. Edv'8tds(cA) IatL lr'ts
of r,abor basrepo-rted ttrai ai percent -The sergea.nt-at Arms will notify **:8rlH(oE' LeBoutil'ller 

*H,n,
of those who,applled to the Job service absent Members. ! sng6n r-€h,rn sr*,er
seekiru Cfipfoyment found jobs; 81.8 The vote was taken by electronic ryq+l blsnd scheuet
per^eent of itre CETA peoplC who ap. device. and there were-yeas 350, nays Erlcnborn r'nt schmids



:.

1H 6938
&hrlGdcr Epcnct Wcbcr (OIt,
Echulra gt Ocrodn Welrs
Echumer St ntclrnd Whlte
Sclbcrunt Etrnton Whltehurst
&rucnbrennrr Slarl Whltley
ahuilruIy Strton Whlttrlcr
thrnnon Stenholm Whltt n
ShrrD 8toke. WUson
Shrr Strattan Wlnn
Etrclby Stud& wlrth
thummy Stump Wol,
thuster Syngr WolP€
8lmo6 Trlble WortleY
S\ecn VrDder Jrgt Wrl8ht
ELelton Vento Wydeo
Smtth (AL) Volkmer tylle
SEtth (lA) WrlSren Yst€s
Smith (NE) \trrclter Yotton
Emlth (NJ) Wsmpler IounS (AK)
Smlth (OR) W.shlnaton Youna (fT,)
Amjth (pA) Wstti,s yerrng (IUO)
Snosc Waxman ZablocE
Enydcr Weaver Z€terettl
Solomon Web€r (ttN)

NAYS{
Oooduns Jelrords ltcDondd
Ja.obs

ANSWER.ED "PRESBTT''-I
Ottlnger

NOTVOTING_?8
AndeBon Dlngell lfoort
Andrcs6 DoughertY O'Brlen
Applegat Edrsrdr(AL) Oatar
Ashbrool bery OtleY
Arptn Evsn8 (DE) hsbaYBD
Atllnron Fledler Prtt 

'l!ooBsIsIlB Florlo Psuf
BaUey(UO) Foguett PcPDGt
Besd tlord (TN) Petrl
Boca! Ollrnso Prlt bsrd
Brool! GtnD Roe
BrilD (CA, CucIE.D Rct Dlor'lH
Bror! (OE) Ousrln! Rotb
Burton,Johtr Eouand Rouss€lot
CaEpbell EortoD sevr8c
Chlppcu Bowsrd siusoder
Chency Eubbord Sole,tr
ChlsholE Jon€s (NC) 6U(t
Cluy lrrl! Tbut€
Conta [ArLeD T3udn
Coughln ld.rtey Trylor
Crr.DC, PhiID Df,lrtin (NC) ftromrs
D'Amour! XcEirurey Itlxler
DaDDeEeyer _ lllo!f,ley Irdrll
Dect$d Xoffett Wllltril (!fT)
DlctlDsoD lollobrD WiUiaElIOB)

tr 1230

Mr. EENDON changed his vote frpm
"n8y" to "ye&"

So the Eotion was egreed to.
The result of the Yote was an-

normced as above recorded.
Ttre SPEAKER, pro tetnpore (Mr.

Morrcomv). The Chair requests
that the gentleman from California
(Mr. BErrrnrsoN) a.ssume the chalr
temporarily.

IN THE CIOIIITITIEE OI TIIE WEOLI
Accordingly the Eouse resolved

Itself lnto the Committee of the
![hole llouse on the State of the
Union for the further consideration of
the btll, E-R. 3112, with Mr. BEU.EC{-
soN, Chalrman pro temPore, ln the
chalr.

The Clerk read the title of the bill.
trr 1245

T'he CEAIRMAN pro tempore.
When the Commlttee of the Whole
rose on Fdday, October 2, 1981, 8ll
time fonFnbral debate had expired.

Pursuant to the rule, the Clerk will
read the substitute committee amend-
ment recommended by the Committee
on the Judiciary Dow prlnted in the re-

!

CONGRESSIONAL RECORD - HOUSE
portfd blll as en orlglnal blU lor ttte
purpNe of amendment.

The Clerk read a6 follows:
Be {t ctl?4kd, W t,c Senote and, Houe of

Rcpreseatatloa al thc Unltztt Stotzt ct
Anurlco h Cononu a.seerflbl/,4 T'lrat rub-
lectlon (a) of Bectlon I of t}te Votlru Rtghts
Act ol 1006 E emended by atrltlng out "!ev-
enteen year!" crch pl8ce lt eppeara 8nd tD-
sertlna ln lleu thereol "nlnet en yerrB".

(b) E fectlve on and rtt€r Awust D, 1084.
EubsectloD (!) of loctloD a of the Votkul
Rhfits Act oI 1905 ls amended-

I I ) by lrucrtlDs "( I )" att r "(a)";
(2) by lnscrttng "or ln any Dolltlcal subdl-

vlElon of such Stste (as auch subdlvlBlon cx'
lsted oD the dstc such detemlnatlonf werc
m8de slth respect to such Etate), though
auch detctalnatloa! were not nede slth !G'
speet to nrch tubdlvlslon a3 a aepsrata
untt," before "or ln rny poltucel gubdlvlslon
rrtth respect to rhich" each Dlrce lt r&
De8r8;

(3) by strttlng out "ln en rctloa tor r de,
clsrstory ,udg@ent" the ttrst plece lt .P
pears and rll tJret lollowg throwlh "color
through the use of mcb teetr or devlca
have occurred eDyvbere lD t&e t€rttory ol
such plalnttff.", tnd lnsertlng ln lleu thereof
"lssues r declarstory ,ualgment under t'bl,s
8€ctlon";({) by gtrlklng out "ln an ecuoD lor r de'
clartot, fudgEent" the BccoDd plr.e lt sp
p€Brs and ru th8t followa through "sestlon
a(fx2) tbrou8h the us€ of t€cts or devlocs
bave occurred eaywhere tn the terrltory ol
ruch plllrtltl,",.nd lnsertlng ln lleu tbereol
tJxe fouosllIg:
'lssuer a declsntor" fudsnent under ttrl8
sectlotL A declaratory ,udginent under tblr
aectlon elrrll lssue only lf such court detcr.
mlnes tJrrt, durtng tJre tcn year8 precedlns
the flfhg ol th€ &tlo!r" end durlns tlre
pendeaca of such rctlon-

"(A) no eirch test or devlce har Deen used
rlthtn suc.h Ststr or Douucal tubdlvldon lor
the puDose or rlttr the elfcct, of d,enylng or
a,brtdgrng the rlsht to yotc on $couttt ol
raoe or color or (lD tlre esc ol I 8t8t€ or
gubdlvlslou seekhg r declaretory ,udStrent
under tlre lecoDd seDt€rrce of thl lubsec-
Uon) ln coltravcDuon ol thc susri,nte€. ot
Bubsestion (txz):

"(B) no llnal Judpent ol a,ny court of the
United Ststes, other tha,i t.llc <tenlal of de,
claratory ludgent under tbls scstton" has
determlned tha,t dentrh or sbrldgemeDts of
the rlght, to got€ oD lccoutrt ol nce or color
have occurred snyrhere b the t€rfltory of
6uch St8te or polltlcal subdlvlslon or (tn the
case of r 6tctc subdlvlslon seeklng e declar&
tory Judpent uDder tJle sccoDd seDt€nce of
tJrtg subsectloD) that deul8ls or abrldge
nents ol t&e rlSbt to Yote ln contnBventloD
o, the nrara.Dtee8 ol subsectlon (fX2) b8ve
occuned anywhere lD tJxe t€rrltory of such
Etat€ or subdivl,Bion a,Dd Do con8€nt decree,
settleneDt. or agreenent h8s been entered
tnto resultlng ln eqv ebandonment of a
vottna ptrctice challen8ied on such grounds;
and no declarstory ,ualsDent under thls 8ec-
tlon ahall b€ ent€rbd durlng the pendency of
an abtton allesing such denlals or obridge-
ments of the rtght to vot€;

"(C) no Fbderal exanlners under thls Act
have been asslgned to such State or political
subdivision;

"(D) such Stste or polltlcel subdlvlslon
end all governmental unlts slthln lts t€rrl-
tory have complied sith s€ctlon 6 o, thirB
Act. includlng compliane€ crlth the requlre-
ment that no change @vered by rectlon 6
has been enforced slthout preclearance
under seetion 6, end have repealed all
changes covered by Eection 5 to which the
Attorney General has successfully obJected
or as to whtch the United Sretes Distrtct

October 5, 1981

Court lor the Dbtrlct ot Columbl. hes
denled r declantory ,udgment;

"(E) the Attorney Oeneral has not lnter-
posed lny objectlon (that ha! not been over-
turned by a fln8l Judgment ol r court) snd
no declaratory tudgment has beco denled
under rcctlon A. vlth rcsDect to sly rubmls.
rlon by or on behelf ot the plalntlff or sny
goveramental untt dthtn lt! t€rrltory under
lectloD 0; end no ruch ,ubmlsslonr or de-
clarBtory JudSiment actloru are pendtnSi; and

"(F) such 8t8te or poutlc8l rubdlvi:sion
tnd ell liovetlmentsl unlts wlthln lts t€rrl-
tory-

"(l) have sllmlngt€d votlng procedures end
Dethods ot electlon rhlch lnhlblt or dllut€
equa,l access to the electoral prcoess;

"(lI) hovG cngaged ln constnrctlve eflortr
to ellmlnrta tntlEldatlon rnd herasrnent ol
Deraons ex€rctdng rlghtc Drotectcd under
tDlB Asi; .nd

'(lll) bave cmss8ed la other conatruettve
efforts, ruch es cxpsnded opportunlty for
conveulent regirBtratlon and votlng for every
geraon of gotng eae and the rppotntnent
sf mlnet'lty p€rsoDr as electloD ofliclals
tlrroutihout the turlrrllctloD and st tll stsges
ol the electloD a,nd reglctratioD prooes&

'(2) To arsl5t tbc-court ln determinlng
rhether to lirsue r declaratory ,udameDt
under thls anbcoctlon, tbe platntlff shall
pres€ot cvldeoce ol hinorlty participstlon,
lDcluding cvldcnce o, tbe l€velB ol mlnorlty
Sroup reSilalrstloD rnd votlng, changes to
such levels oyer Ume, aotl dlsparltles be-
tween nlnorlty{roup rnd DoD-mlnorlty-
Sroup partlclpatloD.

"(g) No declrntory ,udsEeDt ahall lrsue
uDder thrR slrhctloD vltn recpect to such
Etate or polltlcal nrbdlvldon lI cuch plain-
tlff an<l toyenueDtrl rrnlfs vltfua tts terrl-
tory hcve, durlns teG pertod beclDnfng tan
years before tJre dete the fud8oent ls
bsued, cogaged h vlolatlons of roy provl-
don ol the Coactltutlon or lrr! of the
Untted Strt€! or eny &rte or polltlcal erb-
dlvlslon rlth rcgpect to drrcrlmlnatlon lD
yotlng on lccouDt or raoe G color or (rn the
crse ot r Btete or rubdlvLlon reelhg r de'
clarrtory ,ud3qncDt uld€s thc EDd acD-
tence o( thls rubsectloD) ln contnvcouon ol
the lurlaolees ol rubectioo (fx2) unless
tJre plalntllf eata,blhb€s that 8Dy suctr vlola-
tlons wer€ trlvlsl were prompuy correct€d,
a,Dd tlere Dot repeatad.

"(a) Ttre Etste 6r Doltical cuMivision
brlngtng cuch rctlou ghdl publlclze ttre lD-
tcaded comnenccEeDt $xd r,qv propeed
lettlemeDt of cuch ictlo! tn the neda sen-
tD8 suc,b Etate or polltlcal nrulvtslon end ln
apprcprlate Unltcd St8teE pgt offic6. Any
aggrleved party Ery lntcrrene rt 8qy stsae
ln luch rcuon ":

(5) tn fhe second panfra,Dh-
(A) by lnsertlng "(tf' before "An action";

and
(B) by Etrlking out "flve" end Bll that fol-

lows through "section (lX2).", 8nd tnsert-
lng ln Ueu thereof "t€n y"ars after ,udg-
ment and shall r€open the action upon
EotioD ol the Attomey General or any ag-
grieved perBon alleednS tJlat conduct h8s oc-
curred rrhlch, h8d thst @nduct occurred
durlng the t€n-year Deriods referred to in
thls Eubsection, would have precluded the
lssu8nce of a declaratory ,udgment under
this subsectloD."; and

(6) by strtkinS out 'If the Attomey Gen-
eral" the first place lt oppears and all that
follows thro-uah the end of euch subsection
and inserttns ln lleu thereof the following:

"(6) If. aft€r tso years from the dat€ ot
the filing of e decl.rstory JudSiment under
this subsection, no dat€ has been set for a
hearing in Buctr &cton, and that delay has
not been the result of an avoidable delay on
the part of counsel for sny pslty, the chlef

i



I
Oetobr 5, 1981

,udse of LtrG Untt d 8t ie. Dlstrlct Court
tor thc Dbtrlct of colrhbli rD(y rcquest
the JudlcLl Coumtl for tb. Clrcult of the
Dbtrbt of ColuDbl,r to provldc t&e ne&
erry Judlclrl nr.ouroe. to crpedlt rny
rctlon llled uo.ler thL retlon U errch re
aouloa3 rtl! unrvrllrblc wllhln tbc cdlcurt"
tbc elhicf lu<lge rhrlt lllc r.ccruflcrt of nG'
cc!6lty b ecoordrnoc rltb rctlon 202{d) of
tttle 28 ot ttle Untted Etates Code.".

CONGRESSIONAL RECORD - HOUSE
ane exagSierrted" Ttrere rre Federal
rules thrt prpvlde thet cults could be
dtsmlssc{ npldly, rlth rttorneys' tees
srsessed lor the party rho tlled the
sult.

There lre no cucb cases nos end we
cennot lnrdne lt to bc a great denger.
However, lt b of oonoenr to rome of
our oouerf,Ue! rnd rc I heve lntro-

the Utlgatlon ou the ballout ttself-
wlll not act rs e bar to the ballout.
Bowever, tl the estton ltsel, ts 8u@ess-
ful, rlter t.he Jurlsdtctlon lc brUed out,
then tJrere b ea automrtlc recapture
and ttrc Jurladlctlon lr once rgaln oub

I do not loow of ar\y obrectlon to
thlc a^mendvrent, Ur. Chalrman.
lD all other fDstanc6, recaptur

would lsrnnln ylthlD tJre dlscretlon of
the ourt'

I believe uly rhenal6ent ls g work'
able solution to thlg problem and I
ul8le you to support lL

Mr. ErDE. Mr. Chetrman, I move to
strlke the requtdte number ol rords.

Xr. Chdrmen, I a,m not gotrs to
obJect [p thh rmendrnenL It does
rnrke t[s dturtlou slisDW bgttcr, but
It doea not c}irlfy t&e rerloui problem
tnvolvlDg coomt decr€e& The prob
lern !r thet consent decrees are ofte5r
entered to buy pecoe. Aexeem€nt 18
reaChed rnd rather thgD dtRrntfs t[g
caae, ar tlroryh tJre clatm were rlth-
out Eerlt the Derttes agree and au
order b entered ln tbe nsture of & con.
seut dectee but the coDsent decree
me5r not ldnlt llrbllty. It may be on e
Drtt€r thrt b not tunda^aental or ln-
portr.nL Ad lt eeems to me that the
court bearlns the batlout ought to
have dlscretton to loot et the consent
decree to see wh8t led to tt. wh.at was
the rstlonale, wbrt ses the problem
compla,lDed ol' ud tbe correetion
nbde.

I want to see mrrimum discretion in
the court ro tJret r bcllout is not frus-
trated on r teehnhellty.

Now, I rlII not personelly-I do
know I elnnot speat for other mem-
bers of the comnltt€e--obJect to the
nmendment of the gentleman from
California" hut I will ln a moment
offer ao rmendnent that I t&ink fuIy
coveris the slturtlon-

Mr. RAILSBACK. llr. Cbelrman, I
move to strile tJre rcqujsite ntrmber of
words.

(1f,r. R.AIISBACK esked rnd was
gilverr permlsglon to rwlse end extend
his remarks.)

M!. RAILSBACK. lf,r. Chatrman"
last Ftidsy I was not able to be pres-
ent. f was back la r.y Ststa of Illlnots.
But I have been very much tcterested
ln l,hls particular blll r,nd I want to
beClD by rlmply saytng thst tn my
Juttgment there hrs been e tremen-
dous amount of sork done by the
members ol the zubcommlttee.

I 81ve a Sreat deal of credlt to the
chelrman" the gen&leman from Califor-

H 6939
nll (Mr. EDwAnr), end I belleve thtt
the ranklng mlnorlty member, the
gentleman lrom lDtnols (Mr. ByDt)
has done yGonra,tr vort along wlth the
gentleman from Callfornta (Mr. Lur-
cRE) lrld tlle gentlemrn from l[lacon-
sln (Mr. CirrcsEcaarrwrn) rnd tJre
members of the meJorlty ol tbe rub,
committee.

In my oplnloo" I oonaeDtu! har bcen
reached thrt there rhould be lndeed
aD cxt€nslon ol the Votlng Righte Act
and ttrgt tbe extenslon etrould be cou-pled ylth r re.sonrble bellout to
penntt Etrtea rnd county aubdlvlslons
to reek r declrratonz,udexaent thst
would rcleu€ tiem from oovera,gie
under aectlon 6 of t&c rct lf tbey can
meet certeln condlUonr.

Now. we cen quetrel rbout whet on-gtltutee r rcrrona,ble h,llouL but re
csaDot qurrtel rbout tbe need lor ea
exteordou of the rct ttrelf. nor ctn ?equrrrel rbout tbe eDor.rDous beoefltr
Setoed by btsctr, Elgpanfca, or rqy of
those rho hrve been dbcrimlnetad
agsinst h the clectoral proces6, tor'J
thlnt when re rctd tlre record there
have been trenendour atrtdes.

Prlor to the pssage ol the rct ln
1965, the pereentaae of blacE resls-
t€red voten lrr ttre now overcd St^Btes
was 29 pcrcat rblle rcdstratton for
whltcr c/81 ?l percent. Tbdry tn many
Ststes covered by the ect, morc than
onerhrlf of the ellgrble black cttlzens
are regtstered end ln rome Stetea tbe
fleure ls eveu hlgher.

1 mlght fust mention ln ondderlng
the statlstlcs that beve been made
Bvallable to us, tJrer,e ere nor Ersny
covered Strtes thd ere dolng I Euch
bett€r Job than somc ol our Northern
Ststes. I personally have been lnllu-
enced la addttlo4to my past suppoft
for t&is klnd of legislstlon to strongly
support rn extenaioD of the Vottng
RlSbts Act by conversetlons and meet
lrUs tttat I hove had wlth thce mem-
bers of the clvil rleihts communlty sho
have tn the past been tn the forcfront
of worklng to eombgt dlscriminstton lD
the eleetorel process,

In eddltion to tlre few examples of
problems ttrrt heve been clte<L these
people hrve expressed to ae thetr
genuine oonoern rbout perDlttlng the
Vottng Rights Arj,, tD explre. I em ln-
fluenced by the fact thst the thrce Et-
norlty members of the anbemmlttee,
includlng tbe ranklng mtnortty
mcnber, tbe gentlemu from Illlnois
(Mr. IIyDE), vho, I belleve, et oue Ume
had reeernrUons a^bout erteodlng the
act without nationallzing tt The fact
that he has hrd the coureSe to reverse
his orisinal stsace rnd llog' is bsstcsuy
supportl.ng en extenslon of the Vottne
Rithts Act lends lmpetug to my rup.
porL

The lct was orl8lnaDy destgned toprovlde lwlft admlnlstnttve rellef
where there sras coBpeltlng evtdence
thet rsclal dlscrlminattou plagued tJre
electoral prooess, thereby denylng mt-
norlties the rlght to effectively exer.
cise their franchise.

lllr. EDWARD8 of Calllorlne- lf,r. uced thlrl amendnent.
T'lrls emendment makeg lt cleer thatChetrme,n, I ltk ttnrnlmou!

thst tlre rectloD be consldered rr reed,
prlnted h the Rrcona, rod open to
elnendnent at any potnt.

The CEAIRMAN pro temporc. Is
there obJectlon to the rcguest o, tbe

Its fued dudng peardmey of the ball-
actlon-durlng the pendency of

gentleman from Callf ornla?
Thore wes Do obJectlon
AIIIIDIEIO''ED 

'Y 
E" TIIFAID' C

CJTLI'IOI'LI
Xr. EDWARDB ol Callforala. Er.

Chelrmln' I olfer rn rnenfuenL
The Clert reed ea lollowr
Ancadment oltercd by Ir. EryaE of

Ctlllornl*
Pr8r 5. UDa ?. hr€rt "comeoced beforr

the mhsf ol in utton undcr t.bls -ctlonend" efter "pendency of sr rctton".
hse C, ltne 6, lnrri rftar tbe pcr*od but

befor" ttre clc quotrtloD Etrt thc lollow-
lng
The eourt, uDoD anctr reopcnln8, rbrU
vrcatc thc declrntory fudjment lned
under tbL rcctlon lf. dt4r rhe lrutre of
Buch &lrrrtor, ,udSEnt r lhel Xrdg-Elrt .Srlhrt tbe Etrlc a xrbdlvldm vltlr
r€spect to sbic,h f,rcb d€clr.rdory fudgmentwlr llsrcal or rgrlnst t.EJr goyerDmental
unlt plt&In tlLt Strt or subdlvlsion, deter-
mlDcs that dcnf8Js or rbrirrSeneDts of the
rlsht to *ot€ @ aEou.at of raoe or @Ior
hrve occurcd tnyshel? la the terrltory oI
sucb Stste or polltlcel .ubdlvlrioD or (h the
case of I Stste or Bubdhlslon shich so{rAht
s declar8tory ,ud@ent uder Lbe second
EeDt€rroe sf thtr rub8ecuou) tbrt d6l-1. or
abrl@eoentr of tb€ rtbt to vot€ lo contn-
venuoD of the 8urrrlt€a ol srbcectlon
(lX2) have ooeured rnlrsbere lD tb3 t€rrl-
toly ol &rch Strf€ or rubdlvldon, or ll. atter
the i6s rrprre ol ruch decla,nfory Judglent,
a coDs€Dt decree, tsgUeDent" or aSrecment
hrs beeD enter€d lDto resuldhlt ln rny abrn-
donherit d e votlng prrctice shrrlspg6{ qn
Buch Srounds.

Page {, line 22, lnsert "or" aft€r "ln thE
case of r Stst€".

Mr. EDWARDS of Caltfornta
(durlns ttre rcading). l{r. Chairmaa, I
ask rrnrrnlmgq5, @Drent that the
a^mendnent bc @nsidered rs read end
printed ln the Rrcoro.

The CEAIRUAN pr.o tmpore. Is
tlere obtestlon to the rcquest of ttre
gentleman from Cellforala?'There rla no obJectlon.

Mr. EDWAA,DS of Callrornla. Mr.
Chalrma.n, I be[eve thrt tbls rmend-
ment ls not controversial. Ttre blll oow
provides t.hat a bailout ls barred lt 8
votlng discriminal,ion sult ls flled a,fter
the bcllout ectlon ls fUed- Durlng the
commlttee debate ln the full Eouse
Commltl,ge on tlre Judlclary, lt was
suggested thet rqvbody could prevent
a clean Stete or oounty from balllng
out Just by ftllng a gult or a serles of
sults cft€B/tht JurMiction had f[ed
for brilout.

The majorlty ol the subcommittee
believes that ttre dangers of frivolous

to sectloD 6 preclearance.

I

t
.

i



H 6940
It reems to me that tn Bome arers

clmller prcblems stfll exlEt end aueh
rellef, I thlnk, ls vltally lmportant tn
order thrt mtnorttles have an opportu-
nity to vote.

I want to say lD closlng, l&. Ch8tr.
man, thBt at one polnt we had a rcrles
of meetlngr trylng to work out what
could have been a compromlse btll re
latlng to the batlout. I belleve that the
barge,hfng partlee on' both ddes-I
had the responslblllty ol trylng to ect
ss a go.between-tbe partles on both
sldes ln my oplnlon bargalned ln good
faith. I worked wlth the gentleman
from Elouth Carollne (Mr. CAupBExr),
who I beUeve reflects a,nd speekg for r
rather l8r8:e Drrt"ltpr of southern Re.
publlcans, some of whom were helped
by blacks ln thelr electtons, some of
wtron for a long tlme hsve belleved ln
baslc due process and fundamental
rlshts, end I gtve I great deel of credtt
to them fgy rnaklng whet I thlnf,, sas r
good-falth effort to try to resolve the
dlspute over the bellout provlslons.

I would llke to cell the Members'et
tentlon to a letter end accompanylng
data thlt I recelved lrom the Justtce
Depertment whlch ts relevant to thls
debete:

Ir.8, Dr^arrcrr or Jssrrcr,
Crvn Rrcmr Dnlllton,

Vaddigtot\ D.e., @tD&r r, 19tr,
IIorL Tor R.eusrrcx,
Horse qf Reprereibboes, Wothtlgtor\ D.C.

Dree Corcnrssulx RartsB cr: Tbls ts tn
reply to your letter ol Aus:u8t t2, requestlng
lnformstion on operstlon ol the legJslsUon
to rEend ttre belhut provlslons of the
Votlng Rlghts AcL Please excus€ our delay.

You asked us to comDsre, wltb respect to
each of the objectlve crltarl8 lor a bail-out
,udgEent, ttre blll report€al by the Bouse
Judiciary C@mittee and drsft amendments
prepaned by Congresssn Eyde.r Under
either the Comnltt e blll or Coneresm.an
Eyde's draft, s @unty ltir I covered st^at€
cpuld brtng a 8eparat€ ball-out sutt and, It
Lhe oounty artd lts lncluded government
unit6 met tJ1c st8ndards, the county could
obtaln e bo,Il-out Jud8ment. Under the Com.
mitte€ bill, a Btat€ could obtstn a ball-out
,udement only lf lt rnd 8U lts counties Eet
the standards. Under Congressman Eyde's
draft, 8 state th.t met the Btandards could
obts.in 8 ba,il{ut Judgment, even though
some of tts counties could not do !o.

The standards whlch we sill discuss rre
those relsttng to use of a test or devlce, com-
pliance wlth Eection 6, denial of preclesr-
anee under Sectlon 6, flD8t Judgments flnd-
ing voting discriminatloa a^nd uge ol federal
exaEriners. In accord vlth your letter. we
Ili.ll not address ihe "constructlve eflork"
provisions or the general provislons con-
cerning violation of c.onstltutlona.l or Btatu-
tory prohlbitlons aaalnst voting discrimina-
tion.

,. Ase oJ a tesl or dcolce
With re8Erd to thl8 aspeet of the bail-out

ste,ndard, the Comhltte€ bllt and Congress-
man Hyde's draft are the aame. For a Jurls.
diction subject to the Act's Epeclal provl-
sions on the bssls of the 1965 or l9?0 cover-
age formula, thls element r€lates to use of e
lit€racy test or other':test or device" s'lthln
the meaning of Dcttdh a(c). For a Jurisdic-
tion covered on the basis of the 19?5 amend.

! We us€d Congressman Byde's dralt dated Juty
30. l98l (a:Oo p.m.).

CONGRESSIONAT RECORD - HOUSE
m€nts, thls clement relatoc Erlnly to use o,
Engllshonly clectloD! (sec Srtlon a(tx3)).

Wc do not hrve @mplet lDtorm8tlon on
the urc by covercd ,urbdlctloru, alncc
Aucust C. l9?a, ot "t sts or devlce8." Wlth
regsrd to thc Jurrsdlctlou covertd on tfic
basls of ttrc 1966 or l9?0 tormul8, wre ltre un-
eware ol rny rurbdlcttoru not ln coEpllllrce
f,rlth thc prohlbltlon rs8lrut ule ol lltera.y
tests. Res8rdfns the l9?6-covere<t Jurlrdlc-
Uon8, a basls lor oovera8le war utc ol Erg-
Ush{nly clectlons lD NoveEber l0?{; thc
Act'B prohlbltlon toot cfrect dt€r August
l9?5.

Z Cornplionce wllh Sectbn 5
Under Congressman Eyde'! drBtt, one DnF

reqrtl.lt€ for r ball-out Judpent woulc! bc
compllaDoe rrlth Eecuon 6 durhg the t n-
year Derlod. TIre Connltt€€ blll contelnr
th8t rtrDdsrd rnd adds thrt lt Deanr that
no chroSe ln votlng l8rrs rrer entorced rrlth.
out precleanDce and that rny change lor
whlch precleera,nce was denled murt have
been repeeled. A'he Dep8rthent do€s not
teep lecord! on letilalatlve repeals loUostna
r fallure to obtsla preclearance (unle88 the
,urlsdlctlon aubmlts aew leglsletlon to rF
place the orlalnal lss lubrect to obrectlon).
We thereforc are uanble to determlne the
lmprct of txl addlttonsl tequlreroent.

Ttle Eatt€r ol aoucompllence vltl 8eq
Uon 5, tb.st lC t&e fs[ure ot covered ,urte
dletlonc to obtoln preclearance of changee
lL votlng l8s& srs dlacusaed durtng the
r€cent heertnss of tbe Subcomnltt€e on
CtvU rnd Constltutlonel Rlght& lfhen ee
learn thst f€vercd turhdlctlon nay be ln.
plementtnS a Dew votln8 lis tlrst had aot
been precleare4 our pmrtlce 18 to rcDd ttre
,qrtsdlctloD . lett€r EqueEtlng coEDllsnce
with SectloD 6. (ThI! pnactloe fr dbsus8€d ln
the December 2{. f980, letter lrom tomer
Assistant Attomey G€nerd Dry8 to CoD-
gressman Ddrards.) In celendar yesr 1980,
for example, we 8ent l2a letterE ol thts typ€,
8nd Eost of them r,e6uftad ln e Eectlon 6
submlssioa to this DepsrtnenL OtJrer evl-
deacr ol the probleD of noDcoBDllsnce
crtth sectlon 5lr lit&oflon to €4oln enlorce-
ment of a chan8e tDst h8d Dot reoelved pre,
clearance. Thls lncludes sults to bor lmple
heDtatioD ol chaneea obJected to by the At
tomey GeDeraI Eince Awnut l0?{, there
hsve beeD aome 60 rulta le€klng to enforc.e
compliance wtth 8€ctlon 5.

Our afulnlsttBtlve effortr .Jrd tJre l&cr-
suits brought by ttrtc DepsrtmeDt or by Drl-
vEt€ p€rsons tndlcste that non@mpllance
wlth SectioD 5 is a recurrlng ptlblem- There
ar€ undoubtedly lnstances of noncompliance
that have never becD brougbt to our stten-
tion. For thl,s reason, se c8nllot Eesningful.
ly estimst€ the nuEber of Jurlsdlctions that
mlsht be effeeted by ttrls eleheDt of I bail.
out, staDCa,rrd.

3. Defi.al al precleorwce
This aspect ol the ball-out provislon is

skdlar under the Conmltt€€ blll a,nd Con.
eiressman Eyde's draft. ODe dllfercnce 8p-
pears to be that, under the lBttcr, r stete's
sbil.ity to obt8lD 8 bsil-out jud@ent would
not be affected by denlsl of preclearance for
a county ot Eunlcipsl lav. Under the Com-
mlttee blll, rn objectloD to a county ordi.
nance, (or example. Eou]d be s b8r to bail
out by the state es well as by the oounty.
Also, under the Commltt€e bll], the pend-
ency of I Sectlon 6 submlssion or a gectlon
6 preclear8Dce sult Tould be e bar to tBsu-
ance of a ball-out rudgDent.

Slnce August 6, 197{, tJrLs Department has
obJected to 8 total of 620 chsnges submitt€d
under S€ction 5. Thls tota,l lncludes obree-
tions to 168 changeE ln 8tat€ lrss. fhere
\f,as an objectlon to at least one change sub.
mitted by each of the followlnSi lully c.ov-
ered Etat€s: Alabama, Georfia" Iruislans"

&tofur 5, 1981
Mlsslsstppl, South Carouna, Texas, and Vir-
ftnlr. AJro lncludcd rre obrctloru to 452
chrnSes .ubmlttGd by I "Dolltl6l .ubdlvl-
rlon" or by r unlt bclor tlle county level:
therc chrnSies rcletc to pollucsl rubdlvlelona
(or thelr tncluded unlt!) ln claht ot thc Dlne
lully covercd rtste! rnd to t2 Dolttl6l ruur.
vblons not looted ln r lully coveted ltotc,

Att chrDent A le a Ust ol ob,ectloor by
rtat .

Slrt€eD ,ur&dtctlou whlch recelved obJec.
Uons brought dcclsntory rudgmmt rctloDs
under gectlon 0. Tro of thelc actloD! trsult
ed tD r prcclerraocc tudgoent. tD 3so lD-
lt&nceG . ,urhdlcuoD brought ruch rn
r.tloB sltb respect to r chaDge th8t had Dot
been lubEltt€d to tbe AttorDey GeDerall
Delther one lesultcd ln ,udclsl preclear-
lnoe.

Att8chEent B b r llrt of tJre!€ cales.
Pleas€ notr tJrrt ttrc Attotaey Geuem,l

lub8equeDtly rlthdrcv ttrc obJectloDs to 260
oI the chenrca Fecsrrtlng 182. the obJec.
tloD ear sltbdr8sD rftcr trhe ,ultrdlctlon
bodltled ttrrG proD6ed c,broSc or . tlel8td
law; ln the other f87 hstsDce& the obJec-
tlon rea slthdrawn ln the ebsence ol mch
modlflcstlon (a9., dtndrswsl rfter ttre Ju-
r[dlctlon provlded rd<llttonal lnfomstion
to thlq ElepsrtrDent).

Attachnent A hdlce,t4s, by tootDot€, the
obJecdons th8t sere vltbdrrwn"

l. J@ntilt dctamlnttg tlbdmlnotlat
The bell.out prcvtsloDs of both tJre Com-

Eltt€e blll rDd Contlessmen Eydet drrft
reler to r flnal fudgment ol . tederrl court
(other thsD dcDlal ol I ball-out ,ud@eDt)
deterElnlns tbrt, dcnlr,l or rbrlchmmnt of
the rlAht to vota on lcoouDt of race or color
or (ln tlre care of r lyl5€vered Jurlsdle
tlon) Dehbershtp h r lenguage ElDorlty
3roup occurred en5rrherc ln ttle t€rrltory ol
the stste or polltlBl rubdlvlaloD.t Such r
Judgbent could r.e8ult fivm r Eutt lDltisted
elther by tJrts DepsrtEent or by . prlvst€
persorL

Stnce Au$rst G, lYlL at least ten flnal
,udSments determlnlng votlng dlscrhnlne-
tloD gct! lssued.t Ttreee JudgngDtE Elste to
or rflect ten poIttcst subdlvlslons wlthln
live ot the covercd rtatea-Alabema, iSeor-
gla, Ioulshnr, Mlslmlppt, rnd Texar" In
eight of these sults, ttrrB Dep8rtmeDt tnlttst-
ed the rctlon or pertlclpated a! a.Elcus
curla€. lte rrnqlnin8 two were prtvah Euits
tn whlch the Department did aot parilci-
p8te..

Attachment C ls I Ust of these cases.
6' Federal glrmlng6
Under both the Commlttee bll! and Con-

Sresshan Eyde'e dratt, s ball-out Judgment
would b€ bsrred lt, durtng ttre eppllcable
period, feileral eratnlner8 hotl been "as-
slcned" to the Jurlsdlction. I'ber€ are tso
posslble lDter?retatlons to tlrls provldon

It could rcfer only Lo use of examlners for
the purpose o, Usting peraorut who ar€ quali-
fied to vote.r U eo,.t5c effect would be lrmtt
ed. Since Aug:ust 0, l0?{, federal examlners
have been used for tJrls purpose in only two
counties, both ln Mtssissippt.

-6"-co--rt 
"" blll referg b rddlttorL to any

rctuement rcsultins lD !,bendonment of a votina
Dra.tlce chdleDsed l. dtlcrlnlnatory lrtd to t'be
pcDdency ot rtry ruft aueSlns yotlrr8 dlscrlDinstim..Slrrcc AuSiurt lCIa. sh votlDa dlscrlElnation
sults lD rh,lcb tJrl8 DeprrtEmt particlpst€d rcsult-
ad ln -tucEent& 8ee AttrctEent D.

'Wc hrve oaly llnltcd |nfonB8tloD on tuch Drt.
vatr Eult8; trre totsl ls prcbably hl8her.

. Under 8€ctlon 6 ot the AeL the basic lunction of
,ed€ral exunherr ll3 to det rmlne th. q'r.tlflcatlotrs
of persons who 8€eL to rcalst€r to 9ot€. Ercmlnel!
are rlso uscd to rec?lve complslnts reirrdlnS ehy
electlon to whlch bdersl observ€rs rre sE8lgned.
8€e Scctlons 8 rnd 12(e) of the Act.

f

(:1

t



htobr 6, 1981

The other Do8slble tnt€rpret8tlon ls that
the provblon also refers to astlSnlng exrrn'
lners lor the purpose of rccelvlnS com'
plrtnts rt the tlme ol an clectlon .t whlch
lederel obs€rver6 are present. Elnce AuSust
0,'t9?{, lederal observeE-8nd therefor€ ex'
rrnlners-heve been used tn a total of ?9

CONGR.ESSIONAL RECORD - HOUSE
@untlcr ln nlor atrt€.. Att .hment E shows
the use of obseraeE by rtste by year. Please
note thst dehued lnlormatlon on the use of
ob6erveE th,rrtru the Derlod Jonuary I, 1976,
thrcugb December 19, 1980, war !€nt to
Coruressmea Edwards on December 2{,

H 6941
1C80, by lormer Assbtrnt Attorne, Generel
Days.

We hope 0hrt thls lnformatlon wlll be of
esslstance.

8lncerely,- Wn. BRADToRD Rcyrot.Da.
Asslslant Attornelt Ckneml el1dl,l R{ghtt

DioialorL
Enclosures.

AIIACflitEr{T A 
-LtSTfiG 

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II 6942 CONGRESSIONAL R"ECOBD - I{OUSE W 5, 1981
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Cl.m tt (E^rq) ..__ ru r.Idb {!.ilty Er!)*--- h. U. 1916 a -

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QndrfrilrFrlhtr-... 
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a[.Ea+l

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^

EOI IICT
G. L m.._.__. t.EA, l'rg...--*lr



hnbr 5, 1981 CONGRESSIONAL RECORD - HOUSE H 6948

AnmilE[I A.-tfflllc 0f 0SJtCTlOtlS nnS,rfiI I0 StfiUl 5 0f l]lt lUltlG $GHIS ACI Al,C 6, l97l I]lR0t GH $n. lE, lgEl-Contlrud

' 0-{ffi * S -rrtrr r*f din. t--{nr'tm ttr m{.c 5 don ffi, ttfla (ad dlG, !rd'.G rtdy'n8 ft E. 5 cnx&i, I-irr -0rrrdt{ trdE. G--.ir !!r6or--Otrm, H-
Od; iffim. L4|rlr'i!.mr|u 6r !r a|fr0-.Eu|.tr rlb tmr ocrn!4}-b01 .qdm-.qtt0t,f,. En& mrbd nEr x Otdm E *lt(lxi t, U. Alurt Grrl. r ffi ,rlcrtc tr
o*, a rror D rEil clIru d|r h Flddo m* a 6mr ciqi h lb.b IilrE $.i Enuu ur u!t! lu irutlrtr 0r o,Elutl

fftin dlicid IrF d fiB.. otl.cil b lltt d otlltbi tlddirtdl
Jlb

tria !a
fd hrn

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ffln d for,nilEl (fiflt
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Bdbbrctin8 ($re hle d a

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Srol 23, 1971.t............-.
,rry 11. 1975.r................. t, ll.
Srpt 27, 1979......-........... L
oct 27. 1980.........*......... l.
td) lr, 1981..................... J.
,o 31. t9E1.....................,1.



u 69{r @NGRESSIONAL RECORD - IIOUSE
rmorpfl 3.-squ t Errfim rDmr EIm (mE onr m m Erf c cn0nu)

13 lt,llBI,nl

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tAiLIAIE!:Irtt DJQUIIt
Mr. KINDNESS. tr. Chrlrman, I

bave a perlia,meutary ttqdry.
The CEAIRIIAI prc tenpore. T?re

gentlemaD vlll str,t€ bls parltrmenter5r
tnouiry.

Mr. I(NEiNESS. ltr. Chatrma.n" I
heard et en eerlter tsne tlre Ueglnningof the reedng of the commftteenmendneirtt, lollmdng rhictt ttre
arDendrDeDt sblelr ls eurreauy belng
rliscuseed carne rmder dissussion vtth.
Out rCtlm On tb3 (drnmlttee mn*
ncntr, rr I otoervcd lt, h rhh crcrrL@ !.dmr-crhld bc telen m tbe

'@Enlttee amendments prlor to coo-
olqslon Of Or further proCc; 6rp thts
nmpndmenL I tpfleyg.

U my obseratlon ts eorrect. I would
relse t&e poiDt of order Uut lt h tt
order lor tJre comnittee eaenfueotr
to be ar:*ed upotr"

The CEAIRMAIV pro tempore.
TbeEe Sre rDeDdEerlts t6 the aOrrrntta
tee rnendnerrt h the netuc of r srb.
stltut€ rnd t&:rdorc h aG.

lf,r. LITNGREY. Ir. Chrtran, Im"e to strtle tlre Equtdta u'rwrbcr ol
rords.

ltrr. Chal:rnea, lt I could ask ny dla-
tinfuhhed ehairman of tbe rulcom-
rnittee r question yitJr rrrpett to bb
rne:ndlneart that ts Dendng before us

Ar I undcrrte,nd one prt of tb Se.
tJornan'S rynanrlrn€r{ f;!3 tO d6lrtth thc qucrtlm hsq3Lt up (turhS
conslderation ol tDa bIU. trd tJrat G
Pendlns suits ln lrd of +han.etrEr
behg r hr Etirt be rhccd nrcb
tXet oe could Ile r peodoggrlt eltcr
DeuttloD by r corEt heft beeo ntst, frlcd,
rrd tfrererore actr rs en grtmr$c ber
to bdlotrq ll ftrrt cattrt?



CONGRESSIONAL RECORD - HOUSE
I

Ocbbr 5, 1981

Mr. EDWARDB ol Callfornla. Mr.
Chslrman, wlD the gentleman Yleld?

Mr. LIINGREN. I Yleld to the gen-
tlemen from Celllornla.

Mr. EDWARDS ol Calilornls. MY
amendment only eppHes to sults liled
after the flllru ol the ballout actlon.

Mr. Lt NOREN. 8o glth respect to
the queatlon thBt hts arlsen ln the
Btnds of some about pendlng luits
whlch rvrny hlve bcen brought prlor to
the petltlon of ttre Jurlsdlctlon betng
Itled wltlt the partlcular court, whtch
mey or mey not be frlvolous, that sltu'
atlon would dlll prevell ls thet not
correct?

Mr. EDWARDS of Ca[fornla. Tbat
Ls correct, they would stfll be e b8r.

Mr. LITNOREN. 8o tJrere ls nothlng
wlth respect to the bsr thst ls ln the
blll now whlch sould dlsallow r Juris-
dlctlon from belllng out lf anybodv
had t[ed e sult clalnlDg an ebrldg'
ment of the rlsht to vote, lD gny Jurls-
dlction, lnslud{ng Eny Stste 'court,
even under any Stste law, 8s long as lt
was done pr{or to the date thrt the pe-
tltion was flled by e Jurlsdlctlon aeek'
lns to get out lrom under: ls that cor'
rect?

Mr. EDWARDS of Callfornb. fbat
ls conecL but we belleve that the
danger ls mlnlrnel. T'bere are pro-rri-
slons both lu the Federel courts end ln
the State eourts for dismlsssl of frlvo'
lous suits and for the asslennent of
court costs end attorney fees to the
plalntlff. 'We suggest that whet the
gentleman lears is really not of 8reat
moment.

Mr. LIINGREN. I thank the gentle.
man.

lte CEAIR,MAN pro tempore. The
questlon ls on tJre mendment offered
by the gentleman from Celtlornia (Mr.

' Mr. rrYDE. Mr. chairman, r ofier
en nrnendment.

The Clerk read as follows
AEendment oflered by Mr. Evlr On

page 5, une 2, ctrlke "end no" through the
remicolon in line 5.

On peae 8, Une E, bcfor€ the perlod insert
"and vitlr rcspect to rhlch th€ pldntif,
d€moD.strrt€s that euch toting practice
would have precluded the issuance of a dec-
l8r&tory ,udaEent under thl! sub6ection
brd cuch practlce occut?ed durlng the ten-
year pcriods referred to lr1 tlls subsectlon".

tr 1300
(Mr. IfYDE asked and was Eiven per-

nlssion to revtse and extend his re-
kE.)

Mr. EYDE. Mr. Chalrman, this
amendrsent tahen in conjunction with
tJre last s.mendment adopted elirnt-
nates the provislon tn the bill whtch
equst€s consent decrees and settle-
ments vrlth final Judernents for pur-
poses ol sreating e bor to ellgibillty for
ballout.

I sugcett that consent degrees and
settleme-nts should be favored by the
law, not discouraged. AII I want is to
restore discretion to the court, and it
wiU be a three-judge court, to look

H 6945

(^:

behlnd eny tgreeEents, !€ttlements or t€chnicaltty. It ls to make thlr work-
consent decrees to see why they were sble.
made and whst the substance ls. Mr. McCLORY. Mr. Chairman, will

Thls btll ea unemended by my the gentleman yleld?
ernendment makes t conaent decree an Mr. HYDE. I yleld to the gentleman
absolute bar to eny ballout lor l0 from lllhols. -
years. (Mr. McCL,ORY rsLed and was glven

I rm suggestlns thq court ouSlht to oermisston to revlse and extend ils re-
plerte the form end look at the sub- foarks.l

i'"T$'"f, 3$.Hif,S:S:.!.ff-U",t,tg3?"';,iff;3#1ft"3;ip :
do not Bll have to trek_to^Wasl[#^1 m"" oo his efforts to try to iesolveto-lldset€ tJreae lssues-9^!I.-fJt!:I thG wnote prourem ot extdnston of ttre
end. U ttrey cs,n rea"!_1qryg"l!:l1t V;r"s -nriuts 

ect- rn i urpartrssnua encoulage aSlreetllenta llq |!Ey-q manner ena u I Ergnner whlcir cen benents and conaent d€T"' -bll,9iT! Iiltnenuv ls.lr to the covered gre8s ol
Byi.*ilr.:rsir'"xHx_r""t"n:trfff:ltrJffi ffi H#r#'ffi 

I3_
for 10 years. Irt ttte c
sltuation.

The t8ngua^ge of the blll wlth tJre wlthout discrlmlncuon e

ffiHffin*sig%ffiflli 3?iffitr{iffi* ",th 
mv co,- !

ffie-rew has tradt6o;fr,-Gdffi;;fr feasue from Illlnols end urse tbe
Eetgement. membershlp ol this body to approach--i- ;nA;est to my collea3ues who this Drtt€r 1g1r'lJ: consenl 9ItPT 1y.9 t
mtght want to oppose-iU6= amena- commonplace tn law' and can be the
me-nt, f they look iri page iot itte UiU product of s ntmber of varylng moti'
ana ieaA fnes 1 UGlisn -td,- thgt vatlons. They ca,n, rs the chairman of
Dobodt G goine to get awiy with any- tbe. comnlttee would ruggeet, reprre-

UrG.-XoUoaV- G -S.ir.1g-i"--6"ililt sent repreherrqlble elfort to disen' I
tberiselves tn-ag ebgEiv; manner con- franchlse mlnorlty voterr. 'On tbe i
;rntnS vottng rlshtt and ruccessfully other ban4 tle_V- ge-.more lll.dy to
;etnasirx e bail out. Look at the lari- represent Sood hlth lr"agreement oa
guaige: varlous questlona of law and a Sood

(B) No declaratory ludpcnt rhnlt tssue faith effort to recolve tJroce dissSfee' ;
unOer ttris subaecd6n rtth rcspect to ruch menta short of Utlggttqt" Rarely b lla"
6Bte or poutlcal zubdlvlslon U such plstn- blUty determtned ln consent decrees,
tlff and government8l rtnlts rrlthln its terrt' a6d Wbjle there mAy be !,n Ssfeement
tory have, durlng the nertgd beSlrmtns ten between the partiee es to rhrt the rea.
years before lqe d8!€ ,!!9 ^r,"lg"lJ-j olution miShi be, no effort ts mad€ to
HH*;rffiE"S,HlH% 

o[$fl,iT*; estiuGri i"ponsiuuttv ror the rronr.
Unit€d Srgres or any gtrtc 6i poiitror e,it Tbe law has trrdltionally epcour'
division sith rGspea to <tticrimlnatton b aged oui-of-court s€ttJcpegts rDd
vour,g oo mrnt of r.oe or color or (ln the l"consent decrees" where posstble. I
cese of I Stst€ or subdlvldoD reektng r <le would questlon tbe che,trmru ae to
claratory Judgnent under the rcond sen- whether tXre Judtctal Conlerence was
tence of thls subsectlon) hcontrav€ntloD ot consult€d on thls polnt becar.rse the
ttre Snrarent€es of aubeectlon (fx2),tn?less use-of consdlt alecrees es an abGolute

t1""3$*'ilffi,Ylffil3lil[tr**S:: pT to eugtuiutv ror bauout rrut doubt"
and wer€ not rcpeated. less have t&e effest of discouraglng

#*, umr, xn""""; m sl Hi'"ff;8:#'"gffiFg:violation..-wni-ira.- 
the door because they !1"_9_119T-"f-.YoP9_Il"e spprcved

HjffiF*tffi :##i"Tfi [:i'#.'Tf"""]"]"3,iff*":i:il""ii!
have the court look at iilati-' perptt the content of consent decDeeg
-if-wJfooX et pagg 6,-liD; a through to be exa,mined lor purposes ol sn
ra, tne Starc 6r -p"Uiiof-iriUiiui"i6ri equlteble determination of whether
has ro have eltnln"tiiloifiililJ- constructlve efforts heve been 'com-

dures and methods oilfi:cifoi i'nrct, pUed wlth, a,nd whetber 8t8t€ or Fed'
inniUit or dilute "q"if-a".J*i-6 iil 

eral lawe have been broken, I believe
eleetoral proce$ arr-a EavJ-Jng"C"d tr there ls sulficlent protection already
construetive efforts to e1ii"ila-te 

-ip- present in the blll.
timidation ancl harassmen-t - In edditlon, lr the Department of- 

Wni h"- itre Oooi beeause a con- Justice feels that the furtsdiction ls
sent d-eeree has been lssued? indeed at f8ult and that lts ease ls

Now, tt m8y b€ that ttre consent strong enough, tlrere ls no reason why
decree did setile a flaerant situation, it should aSree to a consent decree and
but cen we not gtve discretion to the insteed push toward I ffural Judgment
court to look et tlret? Nobody is going and ultimate recaptur€ under the
to file a batlout lf they have ageed parole provislon of the bill. I urge the
that they have been abuslng people's adoptlon of the amendment'
voting rights; but the technicality Mr. HYDE' Mr. Chairman, I thank
ought not to foreclose a bailout. my friend.

All I am asking ls give the eourt All I am asklng is let the eourt look
some discretion and elininate this behtnd the paper to see the reality.

-'t ,l



' H 6946 coNGREssIoNAL RECoRD Jnousr htober s, IuBI
I thank the gentleman' efter slgnlflcant expenses- have been Mr. BUTLER. Does lt cost more toMr. EDWARDS of Californla. Mr. lncurredl' chalrman, iiGe rn oppoiiiio;-i; ii; inc opereu*e ransuase rn the srar. ""ljf tffi""3lrB*Hrili"R. * arwaysamendment' I conslder lt a weakenlng utes ls tiraiinJcJnenio"ciellieiii"- cosrs more to try a case; but reclarm-of the ballout provlslon. mentor agree-ent.-na, 

""t i"i"fti,lil-" ii, _v ilme, somettmes most of theThe amendment offered bv the gen' auanaonm-;na;? th; cn"iru"Lua t'iti,id 
"*o"*", rn preparatton for trrar andqeman trom llttnols tMr. Hyoel w6uld ;;ffi:" " -. ,... 

. - _ ln discovery have already been ln-ellmlnate consent decrees as a bar to ' atv- 
"o.""rns that frivolous sults iu.."o at the ilme the consent decreeballout' Now' all lawvers know and t orio a"I-"v-ii-rt uiiro"t luagmeni aie is entered, such as the case that I crtedcertalnly all the courts know that even n-ot suppoiied by th; facts. ft 

"-i;uaer- fivolvlng McDuffle County, Ge.though consent decrees rarely coniain al Rul'Ci ;f c,vti ana appirr.t; pfi;- " Mr. ptrTLER. well. t ask the genge-admlssions of liabllltv, thev are treat' aureJ piovrai i;;;;;;;j[;&!;; man lr he wilr yield further.ed generally as ,udgments. We have no and penatiles tur- iuch ;uiG.-- M;;t .. 
trtr. 6SNSENBRENNEF1,, Delightedcholce but to treat consent decrees 5i.tu-"iiiii'ioi1"r" -iir";;t".I ;ffii- ,o.and settlements ln thts bfll as a Judg- srons ln the]r *Gi ir procedure,-otien *Mr. 

SUT1SR. U we use the consentment.
- we have no evrd-ence and the gen6e- y*i"iff.tt-e rule number as che Fed- decree as- an.Inde-x of poor' perform-

qtffi.;itrii11'ffi-#l;pi:1tr"j:i:lx,,iq*"H,**.i$Jr:r,l,]$l#t,q#fr 
tr{+Lt#i:,i'irff '*:"rlsdiction esreelns to a consent deciee consent decree. fne eviaJici';:':;"iJ _^1.^ l_ot- 

the on-ly motivatton, the only
has ensased ln'dlscrtmtnatlon and by i-tre wrtnessd ;;t ili-t""irlri,iili!: I::o_tltu thev have tn the event of i
ffii::-t:f i:1"#tr?!3"::,"cfTiH trHXT*"*J"h;;; 

il;i;ilil'iiil: ixl""ii!i{i":l}fi:yx!, fiil:,['fithe discrtmlnatlon. The key to this "I asr.e 
-wittr 

tne genleman from H:TrTrf" 
motivation left to setile a

:#:gT?: "*Jli'. J*i,"JEHt,Tilll i"?'#",ffi,iJHr, xr*il"jie:rfltv "?.';; 
a fair statement?

,tr*j*i*lim*** n:r,i*:.,gxt iffi$ir ;fr,s*l*9.ru*ffi;I ryPgpq q"q. retitrgatc it;-i;ii i,pon tn" eddence orlj'1ll?""roT.il tlemanexplqinto-J'*-tilmouvation

| fl'#-i[f'STffi;g"lf,?ff T:]: other,.rather inan "isi"il ";;;;; H"ffitsll'S,$ ii'" ?"i?i;ffil?,:"";
J '"i"ii"',:fifi,o#-;Hl,1%1,!9:irtserr un. ,#l;"?,ffii",T,'' "n"oman' 

w,r :H,tf,E;*"""1l1*ldisappear 
rn voiing

falrlv accused of dlscrtmtnation should Mr. SEIvSENBRENNER. I am -.Mr. SENSENBRENNEn. I strongly

i,:'tr!'!!ffi#,'t""iffii:.t[T; ]:il,*:i.'j;f;h1ilH#;' 'n'" 'Hl fl1i]1!i",,["1"*li-xlli."i $,,-,"""I
l5#"#t!;l:."xt:f;',1 ;?s',T?,i ;#if8l*"*;tl. ft"'JHti:-,"st 'o{.i""Hffii,tn#St 

".lor conrainsare the facts of the consenr decree starement ueroie _L, 6,it il.il;ff.il an admission oaiGbitfr; io tf ttre evi-later ln a ballout suit in washinston, me the ;";ai;;;b';;;ir* .r.j#.i; 
dence-.is q"rt"- cieai- t"tra]t- ttrere trasD'c.; but tf tt decides to enter into ri Gaic"lid-iiiif}".nJff"r,ir'"iiilli b.ee-1<liscrihGation in iiiiirg and I ju-

iit"il ii"JT;i'"?3$'3J';8."0:?:"J ffi; r;":R"*:{ij:ii*i,"iiiflii iHflf:iT"fx?xi:lr,r:*i%,iil3;fil-ing for bailout' of that nature. rs that 
"-i-iitllii'i1,1 

deree to ivoia rravil;; j';ac-enr en-I suggest that this.proylslon ls not a' Iion or the statement? tered agslnst it.si,dficant deterrent to consent de- Mr. sENSENBRENNER. Either con- (Mr. sENSENBRENNER, esked andcrees' Jurisdictioru usually fold up and sent decrle,Ettr"nlirii, or some other was given permission to revise andq-ult tn litigation because ttrev itrinr [La or as;uml;i.-----' exiend tris rimarrs.t - -- '
thev wiu lose. r doubt, lf the decision -rr,rr. aifrl,Elii.'ih" ,"r"o1 they are . . The -CHATRMAN pro tempore. Thew9ul9 have an,'thlns.--to do with settled is bec.us";1h;;;;i ollitie"- time of ttre gentiem;"- i.;; wisconsinwhether or not there wlll be a bailout [ion, tne u*p"*L,-."ii-tn" courri'-J" hasexpired.suit on the way. doubt encoui"guJ".n-retilement; has (At the reguest of Mr. Ii,rsH. Bnd byMr' SENSENBRET{NER- Mr. chair- that ueen the experien;; ;I'i;;'c;; unanimous consent, Mr. seNssxsnu'_man' I move to strike the requisite iigryran_in tne pasi:------ NER sas allowed to proceed for 2 addi-numberof words' 

^E .^ rL^ _ - rvrr. sENSi:fradnNNeR. It is part tionalminutes.)I rise in opposition to the amend- of the canoru oi- p-ii."ional ethics Mr. FrsH. Mr. ctrairman, wiII thement. for the tegaf proieiio" to attempt to genileman yield?Mr. chairman, I oppo-se an amend- iItttuc.."luj"ie-tnlJ'so totrial, but .-Mr. SENSENBRENNER. r yield toment to treat consent decrees differ- i woua aGp"rc it e-g-"".ri.t"-"rr,, ,""".- the genuema,n from New york.ently than final Judcments. Approxl- Iion tnat 6o*""f -aZ.i"es 
are signed Mr. FISH. Just to elaborare on thismately half of the voting rlghts-cases u"ro.J exl"n"i.-- 

"ip"*". aie- in- situation, particularly the one of costare resolved as consent decrees, settle- cunea. that we keep hearing ebout, is it notments or agreements' As a general -bor 
ex"mple, in McDuffie county, true that virtually all of the consentpractice such decrees a's in other legal Ga., there was a ,oiirg rights suit decrees that we are concerne<t wlth in-matters rarely contain admlssions of niea in rs?6 ;nd aiier extensive di,s- volve m_ajor issues, such as ilistrictingliability' The agreem-elF are signed iou".v, a consent decree was siexned in and multimember elections, that theybeeause litlgation is highlv likelv to isza. Tne iunai;;r;;; t uot[ tnow sere proronsed processes that in-result fur 8 Judgment that the lurGaic' that discov-ery' ir;;-"*t;"mely expen- volyed a considerable amount of ex-tion's voting praetices or methods of iire proceouie i" a"l iino 6f riiiia_ pense and would be time consuming toelection are discrtninatory. The Juris- ;i;". relitigate at this time?diction's election not to go foruard -Mr. 
BUTLER. since we are getting ur] sersuNBRENNER. The gen-

$liid:lii:ff, h*# t#"",':,'"",1ffi:T l"tru r:1.-*,ry':y_;ia;'ili "#:';,i:H1il?"T,'i|#ii rrue rharln che latter stages of a proceedings, - r"rr. surSuNgRgNNrR. I am de- tt ui" 
"o*urrt 

decrees have been rarge-often afler trial has begun and th-us tiinteA to. ly entered late i:r the proceeclings and

f1

-l



r-,

&tofur 5, 1981

sometlmes Jus! 8t the eve of trlal'
whlch proves the polnt thet the Jurls'
dictlon eould see that lt ls about to
lose.

Mr. SENSENBRENNER. The gen-
tleman ls also correct.

Mr. FISH. I would say the faci of
late aettlement takes some of the
sterch out of the argument thst con-
sent decrees are entered lnto because
of eost, because by the time they are
entered lnto most of the cost as the
gentleman has lndicated has already
been lncurred.

Would the gentleman not also say
that one of the most telling facts ls
that tn most ca.ses we have been talk-
lng sbout the court has decided that
the plai:ntiff should be pald court costs
and attorney'e fees, which means that
the court has decided that the plaln-
tiff is the prevalling party.

Mr. SENSENBRENNER. The sen-
tleman ls correct specifically on theL
If there were no feeling by the court
on the merits of the case, the court in
its dlscretlon could have denied court
costs and ettorney's fees to the plgh-
ttff and ln most of the corlsent decree
cases, ttre plelnttffs have reeelved the
cost of fees.

Mr. LIINGREN. Mr. Chairman, I
move to strike tJte requisite number oI
words.

Mr. Chalrman, I rise tr support of
this emendment. I-et me make it clear
to a number of the Members who are
not or have not been as involved as
those of us on the committee have
been, this particular amendment ln no
way suggests that the court which
would be making the decision as to
whether a Jurisdietion could bail out,
this in no way says they cannot look
at a consent decree. What it says is
that 8 consent decree, an agreement ln
the nature of a settlement, will not be
an absolute bar.

Now, q'hy ls that important? Even if
Ee accept the argument Just given by
the last tqo gentleman that most of
the settlements indicate tha.t there is a
liability on the side of the jurisdiction,
it still leaves the question as to those
others. Anyone who has been litigat-
ing in court in the last 1.0 years knows
that on the State level as well as of
the Federal level there is a premium
given tonard settlins cases.

As a nratter of fact, ln a regular civil
case if there is any agreement whatso-
ever that something ought to be set-
tled in the context. of arbitration, in
fact you will find yourself in arbitra-
tion instead of in the eourts them-
seh'es.

tr 1315

The courts encourage settlement for
any number of reasons, including the
costs involved. But the point is this,
we are talking about extending this
section of the Voting Rights Act
u'hich would other$ ise expire. Some
jurisdictDhs.'having viewed the expi-
ration da.te of this section of the
Voting Rights Aet. could in good faith
have entered into a settlement during

CONGRESSIONAL RECORD _ HOUSE
the past 10 years, havlng no knowl-
edge whstsoever that the fset thst
they would enter lnto thBt Eettlement
would bar them for 10 years thereaf-
ter, In other words, tt waa an unln-
tended consequence of thetr act. In no
way could they heve been aware of the
feci that lt would have thls effect.

So, whst we are talklng about are Ju-
rlsdictions who may ln good faith,
having had a dlsa8reement over the
merits of a particular case from the
Justice Department or from an Bg-
grieved party, have entered lnto a Bet-
tlement, It seems to me that lt ls very
lmportsnt to r€co8xf,lze ttlat the Judt-
cial Council has, over the last l0 years,
recommended to those of us ln the
Congress that we do everythlng we
can to suggest that settlements ought
to be uttlized more end Eore. Here, we
ane saylng to Jurlsdlctlons thst have
followed that directlon over the last
decade, "Because you did that the
court wlll not even have the opportu-
nity to look lnto the merlts of the case
as far as the settlement rras con.
erned."

That ln no way sayE that Jurlsdic-
tions that Bre recalcltrant, where
there was overwhelming evidenec ln
fact that they wer€ in error, would not
have to respond to the facts whlch
make up the substance of the settle-
ment. As e matter of fact, I would ask
the gentleman from lllinois, (Mr.
Ifyor) whether it is true that those
facts th&t led up to the consent decree
or s€ttlement of whatever nature
would be relevant and would be before
the courts to consider on their merits.

Mr. IIYDE Mr. Chalrman, wlll the
gentleman yleld?

Mr. LIINGREN. I will be happy to
yield.

Mr. HYDE. This ls a matter that
could have been handled in a colloquy
on the floor or tn the report. Consent
decrees may be very serious matters or
they could be trivial matters. It aU de-
pends on the substanee behind the
form of disposing of a controversy. All
I want is to permit the trial court to
look to the reality and the substance
rather than the form; that is all. I do
not want to let someone get out from
under preclearance iJ they have
abused an''one's voting rlghts, but I
want to encourage the-settlement of
litigation, let the parties get t,ogether.

Let us say that someone wanted four
voting booths in a black neighbor-
hood, and the election board gave
them three. The suit was filed. They
say, "You want tour, we will give you
five." Rather than dismiss the suit.
they put lt h the form a consent
decree. I would like the court to look
at that and say, "That does not bar
you from your bailout suit."

Or the courts could say it does. They
do not have to relitigate it, we do not
ha1'e to produce witnesses, but let the
court look at it and say to counsel,
"What is this all about?"

This ls simply a matter of not letting
a technicality bar a State from bail-
out.

H 694?
Mr. SENSENBRENNER. Mr. Chalr-

man, $rlll the gentleman yleld?
Mr. LUNGREN. I wlll be happy to

yield.
Mr. SENSENBRENNER. I ask the

gentlematr from Illinols (Mr. HyDE)
does not that tnvolve a trylng of sll
the lssues that were posed ln the sult
resolved by the conrent decree, wheth.
er they were guilty of votbng diserlml-
natlon?

Mr. IIYDE. No; lt Just means, nead
the decree, 6ay to couruel, "What a.re
the cireumstanees here, what was ln.
volved here," end mahe a determina.
tion-not relitigation.

The CHAIRMAN pro tempore. Tlre
time of the gentleman from Californle
has explred.

(At the request of Mr. Sen B. Iler.r"
Jn., and by unanirrious consent Mr.
LITxcREN wa-s allowed to proceed for 2
additlonal mlnutes.)

Mr. SAM B. IIAL& JR,. Mr. Ctrair.
man, wiU the gentleman yield?

Mr. LUNGREN.I yield.
Mr. SAM B. IIALL, JR. If you have

had e protracted case that had rea,m!
of testimony presen.ted before e dls-
trict Judge, who !s not present or ls not
avallable at the subsequent hearlng,
do you want that distrtct court to have
the right to go back Bnd look at that
prior case, &nd review all the evidence?

Mr. IfYDE. No, sir. If I were th
trial Judge end a consent decree w
brought to me, and I saw it was lhat
kind of heartng, I would say this
would be a har. There is fust too much
evldence.

Mr. SAM B. ITALI+ JR. Does not
that ln itself cut some of the merit out
of the gentleman's arnendment, lf you
just saw a thick record Lnd took that
to mean that, "Wel], we better not
erant this relief," that thick reeord
maybe would be Just as legitimate as a
short one.

Mr. HYDE. Yes, it would, but I Just
want to give the trial court some di:s-
cretion to make a judSment as to
whether this is a substantial situation
or whether it was just a settlement, ot
something that was trivial. The mere
fact that a consent decree was entered
into ought not to be a bar. They ought
to look to the reality and substance
behind it in a summary fashlon. That
is all, Other*'ise, you discourage ever
settling anything. You have to litigate
to the bitter end. I think that puts e
bar on the parties and the courts, that
is all. It is not an Earth-shaking
matter, just a matter of facilitating
the bailout procedure.

[Mr. BLIr.nY addressed the Com-
mittee. His remarks will appear here-
after in the Extensions of Flemarks.I

The CIIAIRMAN pro tempore. The
question is on the amendment offered
by the gentleman from Illinois (Mr.
Hyon).

The question was taken; and the
Chairman pro tempore announced
that the noes appeared to have it.

(

L



II 6948 CONGRESSIONAL RECORD - HOUSE Octofur 5, 1981
REORDED VOTE ldark5 porter Emtth (pA) AMENDMENT OFERED By ltR. BUTLEA

Mr. HYDE. Mr. chatrrnan, I demand U:[l;tlr", f,'S., !i&L.,. rrr..-surlER. Mr. chatrman, r offera fecOfded VOte. t[atsut R8hslt 6rark an amendment.

. +i:"i:t'i::" ry:rEl_1*,*,ie U#1,"' ilFffi Ei#,i:: ;ji':fs,:,?:.tr 1;,,;:1,.*R: paso

uiiilT' [iln;. *[i ;#:q''itilj**:***"gn;;;
A AyES--g2 Mc6rath Rt..er ii"ijl .r*, each place ll, appears and inserting ln lieu

'),".i.; fffltt Bll*. U:[l'fl", !St* V*Xi"," liiffi.t.,T appropriete unrted st.les dis'

Batrey (MO) n.nsen (rpr il;1, !1i"" Rmmer walFr€n RedesiSnate succeeding peragraphs ac--Bsrnard 
'aruenito- 

gffi* gii1ru ffi- g11Th #$**llffiffiffi;
Bedeu llartnett
Bliley HlltL6
Bowen Huckabt
Brinkley Hyde
BroyhlU Jeffrle!
Burgenet JenklruBue-'*n'"' 

$Hii $I$f $iffi', $ilF,',, nt*,,,-*l-"ar,,*$},i,,$s$*.*#

C&mpbeu Eindneas
Camsn Krsmer
Chappie Lcgomrrsl
ColliE (T:r) Lce
Corcoran Loerner
Courtcr Irtt*ais - !-owervrcA, H"*l;' ili$i" $iHtit SSlt ..,B3gi,li#lii3;jjll." out "(B)" and rnsert
Crene, Donlel lerngren
D&nie'I Dan uarleni", 

ffifl;. gf,rJ $l[,F*"' $l],$' ,,H!,,:,".*i#Ip"mtmtp:l
Dmiel. R. W. Martin (lir
Dem'lrEkl ldcclor'
Dickinson lf,ccollum

t Dreier u"Donsld ffiffi Panetta simon Yates Vottng Rlghts Act of 1965 are e&ch amended' Emerson rrrrrer iOnr i;-t';; Pattereon skm Yatron by striklna out "sectlon { or"..e'Ids M''k;'"v 
ffiIh xi{* Efilil#, 

Ysffitffii 
:ti,if:ffi:*}##h:"gF:*

Ptndley l/loore
Flippo Moorherd
F'ount&ln MottlGoldser€r Myers yous (FL) NOT VOTING_56 ered As reAd and printed tn theGoodlinS NaDier Andrews Dingell Motfett FUrcoRo,

NOES-285 Ashbrcok Dosdy o Brien The CHAIRMAN pro tempore. IsAddabbo Derrrck g3T- f;il|"o, **::rd" 
(At'} 

#ff ", 
there obJection to tn[ *q;"ri of theAkaka DicL6 unvanboGra Dtxon a;" t,araris piedl6r i,.;-*' gentleman from Virginia?

Atexmder oo-i-"rV d;;; *ltd Ford (TN) Pepper There wa-s no objection.
Anderson - D.'d;- g5".,Si"l !:fifi, !Iffi", *Tn",o _j:l3"""l-ous consent, Mr. Burr.snAnnunzlo Domananthony Dousherty E"ri. niLt :IT.a rleckler i*i""r.i'r.ri was allowed to proceed for an addi-
epplegitc D.fi;i-- fif,i: il#" Br.of,rr (cA) Horton Roth tional 5 mlnutes.)rrucoin D*;; 

iifiigTlln-,o, EIi[#,i'* F"*S*", ilt?'- "#i,""fjfi.:#fld;?,1",f,lgLH;
Baile]'(PA) Dunn
Barnes Dr.yerBeilenson pl.ir"iry fiS[i. conable Iantos Thomas ls recognized for 10 minutes in support
Benedic Di;;- E;d;;. :91t" If,wis Traxler of his amendment.BenJsmtn d.lr'' H;;,iil Pulll*.., I,l,k:n llblS rrrr nrrm.nrr Lrr rt'.roim6n h^-+f,:HTI' ffi',L H;Hi gfliFi*n *:**.,", si,'fiL*,o", ort"iut"Yll*";#J;,"f""#H;,i?ilBereut€r EdgsBethune eaiara"rcel E;;;;. Dannemever Moaklev clearance requirements of sec,tion 5 ofBeIill Edrards (oK) rlertel - t D,^ the Voting Rights Act have beenBrasri Enettsh ltishtoler tr 1330 Under this requirement for 1? years.Bingham Erdahl HilerBranchard srrenborn . iili:r'r"o The Clerk announeed the following H.R. 3112 proposes to extend this 1?-Boland EHrl rtoDenbeck pairs: year period indefinitely with provisio
Borrer Eva$i (DE)
Bonior E'em(cA) 83I.,* Mr. psul for, cith Mr. Ford of rennessee !13!.-:l"h covered Staces or political
Bonker El.am gA) ;;il" asainst. subdi[ision will be relieved of this re-
B.gsr..a Eve.rB (rN) nugnes Mr. Edwards of Alabama for. with Mr. quirement Of preclearance if they canB'eaux IL'! HunLet JonesofNorthcarolinaagainst.'"'-'--' establish that certain facts or condi-Brodhead fbscellBroomrield rhzio f,:i*, Mr. Dannemever for, witn ur. Dingell tions desiSrred to a.ssure that the ob-
Brosn (co) r"*'icr j;;# sgainst. - jectires of the act have been achievedBroun(oH) Ferrr,ro Jefrords Mr. Chenel'for, c'ith Mr. O'Brien egainst. have existed fora period of more than
BI[r tt''o ffil,", j:lH [Ps), Mr. Baralis for. with u'. c.*"-"".t i.--' l0 years.
carnei plorto ;#;;;;i"r Mr. Philip M. Crane for. s'ith Mr. Horton In m}'' iudgment, many of these con-chisholm F'oclietta Kazen against. ditions &re unreasonable, if not impos-clrusen Folev 5:Tp Mr. Thomas for, with Mr. petrl aCainst. sible to-achieve; but the!, are the sub_Clal' Pord (MI)
clinser Fo^ythe H#ff="* Mr. Martin of North Carolina ior, nith ject -of other amend-ents. This
Cost.s rowtet i*rtr"i Mrs. Heckler ag&inst. amendment is addressed to the courtcotlho Fl.snk Latta Mr. Ttible for, wlth Mr. Lantos egainst. which must hear the petition for bail-Coleman ftenzel lf,achcouins(IL) ncsr Hatr, Messrs. IIUNTER, BENEDICT. oll'-^ 

-.conlen Ftqua rf,Bout,rier poRIqE, _ ryonriir,;,-"i^r,rl{g: o,Ii,i,,"I",,lll,r3i i|irl""l,j,ill?S ii!,,i-3|i;ll:#ilitr- 3"'iilL, ffllTo* siox, McDADE, wru,ric,mkerr cejdenson rant rana, and LEvITAS "n#"3'll??i :n*1!l' eonduc[ require-a--bv H.R.
D&nierson c.;6-.nt- r.€r.ir&s votes from ,.aye.' to;.no.;; -'""- 3ll2 clepends upon -its ability to prove
Da^schle ciuuons r,ii;t"e"ton '-.; -;;;;"^--;- 

^::__ facts, many, many facts; and their rel-
tr*"' Sii#' ' *'ff:H, r.lH" f"*TI'*3" changed his vote ;;#fi; the rau'-berore us'

*1U,"" EitX'# frh-?#;, 
--so 

tr," amendmenr u'as reje*ed. r.ffi" ffii'T,iJii:"tffff[t""Jff.T
txuumi Gore roirain" The result of the vote \r,as an- them; and of course, to apply the lau.DeNardis Gradison uadisran nounced as above recorded. thereto.

l^7



(

October 5, 1981

In order for the courts to determlne
facts, the court must have access to
the people and the ctrcumstances they
observed and the mEnY other thtngs
whlch are relevant to lts determina'
tlon.

Indeed, lt would appear to be one of
the bases of due process that there
should be some reasonable relatlon-
shlp between the facts to be deter'
mlned and the locatlon of the court to
determine them.

Our Federal court sYstem' PartlY
through stBtute, and partlally through
case law, has developed the doctrine of
foram non conveniens which provldes
almost a rlght to a court trial tn the
most convenient place.

H.R. 3112 would provlde, however,
that 8ny State or polltical subdivlslon
desiring to be relieved of the preclear-
ance requlrements must prove lts facts
and argue before the U.S. District
Court for the District of Columbis;
and no other.

The amendment whteh I now offer
would permlt the case to be heard ln a
three Judse U.S. dlstrict court where
the petitioner is located where the
facts arose.

There are m&ny reasons whY thts
amendment ls an improvement upon
the biU and why lt ls more reasonable
to hear these cases where they arose
lnstead of Washlruton, D.C.:

In the first place, there is the matter
of convenience to the court. How can a
court br Washin€ton, D.C., really de'
termine the facts about a complex sit'
uation which could be as much as a
thousand miles eway?

Consider the expense to the parties:
On the one side, you have the unllm'

ited resources of the Federal Govern'
ment, with no real concern about the
cost of the litigation, a tremendous re-
source advantase, particularly when
you recall that the courthouse is but a
few blocks away from the Department,
of Justice.

On the other side, you will have the
petitioning political subdivision-let us'assume it is a county in Texas.

The county will have to have its own
local attorney in Texa.s, and, in addi-
tion, it will have to employ Washing-
ton counsel. And they are tremendous-
ly expensive-the litigating Washing-
ton lawyer is rapidly becorning the
highest paid specialist-if that is the
vord-within the legal profession.

Then you must consider the exPense
of bringing the proof to Washington.
Whether you bring the bodies, or take
thelr depositions, the expense ls tre-
mendous. In the latter instance, the
court does not get a chance to see or
examine the witnesses and this is
ofien critical in a fair determination.

A few weeks ago a majority of this
House including Chairman RoDrNo
and Eowenns joined with me in Pass-
ing leeis]alton to extend the life of
Iegal Sdrvices Corporation. The prin'
ciple at stake was the preservation of
the access of disadvantaged Americans
to our system of justice.

CONGRESSIONAL RECORD - HOUSE
Much the ssme prtnclple ls here ln'

volved. The polltlcal subdlvlslons of
the covered Ststes, partlcularly our
smaller cltles and countles, cannot and
should not dlrect the substentlEl por'
tlon of thelr resources lt would requlre
to come to Washlngton, D.C., to prove
the 10 years of purlty that H.R. 3112
would regulre.

The lttigation lnvolvlng the clty of
5!ome, Ga., ls an extreme example but
we are told litlgation cqsts of lts case
exceeded S2 mlllion.

rds we cut back on Federal spendlng,
there are many better uses of local
dollars than this sort of long range
Utigattons.

But expense ls not all of it-conslder
delay.

Bear in mind that this batlout provl-
slon has a potential for well over 800
separate petitlons or lawsults. The
crowded docket of the Arlington dis-
trlct court slmply does not have the
flexlblllty to absorb these cases-even
those which c&n be quickly di:sposed
of, when and tf they can be he&rd. In
many irnstances, they will be complex
cases with all the duatory a,nd sub'
stentive motions, pleas, depositions,
srunmBry Judernents, or what have
you, of an entltrust case.

To argue that these cases be heard
ln washington ls to argue for delaved
Justice; and to delay Justice ls to deny
Justice.

Consider also the interests of the
disadvantsged mlnortty voter who
wishes to challenge tJre petitlon for
bailout.

Bear tn mind H.R. 3112 Provides
that any agerleved person may inter'
vene ln the bailout suit at any time,
a.nd that any aggrieved person may pe-
titlon to reopen the case at any time
within l0 years after finel Judement of
bailout or several very good reasons
set forth i:n the bill.

In my view, the opportunity for such
an aggrieved person to assert these
rights will be enhanced if he does not
have to go to Wsshington, D.C., to
assert them.

The committee report, on page 36,
defends the existing provision of sec-
tion 5 of the Voting Richts Act which
permits resort to the Washincton,
D.C., district court ln lieu of adminis-
trative preclearance through the Jus-
tice Department, and points out that
this requirement was based upon the
desirability of uniform interpretation
of section 5 of the VotLrg Rights Act.

Whether the logic of this is still de-
fensible or not, I will point out that
the arnendment which I offer does not
disturb thls position the alternative to
administrative preclearance remains in
the Washin8ton court. That part of
section 5 is not touched by this
amendment.

You will undoubtedly hear the argu-
ment that uniformity of lnterpreta-
tion of the new bailout provisions Jus-
tifies the inconvenience, the expense,
the delay, and the effective denial of
due process of limiting bailout juris-
diction to one Washington, D.C. court.

H 69{9
There ls absolutely no merlt to that

the Eupreme Court of the Unlted
States functloru to resolve such differ-
ences. Bear ln mind that we are talk'
lng about a three-judge Federal court
with appeal as a matter of rlght direct'
ly to the U.S. Supreme Court. The'
same unlformlty argument can be ap-
plied to every law we have ln the
United States consider entltrust. tgx
paient, bsnkruptey, every crlmlnal law
on the books, commercial law, product
llablltty, ad lnflnitum.

We reJected that argument almost
200 years ago when we opted for a
syst€m of courts allocated sccordlng to
geography.

The unlformlty argument l,s without
substance and I am confident you wlll
reco8nlze that.

The unvoiced argument ls that you
ca^nnot trust the Federal Judictary to
deal fairly with a voting riehts case tn
Its own locallty. I do not know wheth-
er they will have the courage to ma,ke
such a Et&tement on the floor or not.

We meet thet Brgument l]r two wsys:
tr'irst, I deny it. Today's Fbderal Judl-

ciary ls meetlng lts responsibility wlth-
out bias or prejudice and I challenge
enyone to produce evidence to tbe
contrary.

If there is BnythinS qrrong wlth the
Judiciary, it is within the power of our
committee to lnvestrgaie and correct
It. Any reflectlon on the Judiclary l,s r
reflectlon on the Judiciary Committce
a,nd how it does lts job &l,so.

And, Becond, we have expressly pro-
vided in this amendment that none of
the ttrree Judges whlch must be deslg-
nated to hear the ca.se can be from the
rristrlct in question.

The substence of local judici:al preiu-
dice does not in my vlew, exist, but
nevertheless, we have by this amend-
ment eliminated the appearance of
local Judicial prejudice es well.

Thus far, we have talked about the
proposed amendment for change of
the location of the court and why we
need it.

Now-let us consider where it fitS
furto the theory of bailout.

The theory behind the bailout pro-
posal irs very simple-by holding out to
covered Jurisdictions in noncompliance
with the Votings Rights Act the hope
that they can by exemplary perform-
ance extending over a period sf 10
years extrlcate themselves from the
burdens of administrative preclear-
ance, they will be inspired to improved
performance inuring to the benefit of
the disfranchised minorities.

But if the promise of bailout is made
hollow by withholding reasonable
access to the court which hears such
cases, then it contributes nothing.to
improving the voting opportunities of
minorities and perpetuates much of
the discrimination it would correct. \.

I urge you therefore, to support this )
amendment. It would improve Lhe lee,- ,/
islation by providing that petitions for )
bailout would be heard by a three- \
Judge Federal distriet court in a dis- /

t,
Ar4+ Fa*f



CONGRESSIONAL RECORD - HOUSE Octofur 5, 1981
H 6950
trict of the petltlonlng Jurlsdictlon
wlth the expFess limltatlon thst none
of the Judges designated to hear the
cese mry be from the dtstrlet br ques'

tlon.- 
appeat ln such cases ls, of course, to

ttre''supreme Court of the United
6tates.

tr 1345

Mr. IiOU$SELOT. Mr' Chalrma^n'
will the gentleman Yield?

Mr. BUTLER. I rn hePPY to Yield to
the epntleman from Cslilornir.

Ur. nOUSSnf,OT. I appreciat€ mY
colleague ylelding. For tJroee o{ us who
Ere not lawyers, we are hBviDg some
difficrrlty coping wittr all of this monu'
mental itece of bgislation. Could the
genttemln tell us what k so secred
Itout tt e Federsl District Court here?
\trItrv should everything core here?

rrl.. guII ER. I share tbe genue'
man's curiositY rbout that.

Mr. ROUSSEL,OT- What b ttre argu-
mint as to why this Federel Court is
so-sacrea ana thrt there b no capabili-
iv or sbilitv in the ottrer district
cburts to deal \Yith? Is there some
Droblem we do not understand?--nti. suTLB,. Tb€ ergrrment is
sometimes made that it is neeessary to
hare a uniforrrrity of opinion about
voting rights cases tsr tbe District
Court-for t,tre District of Columbia'- Ut. AOUSSELOT. Ttris b the onlY
one VItb any cheracter to understind
the issue, or what?-lvti. suTLER. That ls ttre Implica'
tion tn tt. end tbat eertalnly iis some'
thing I reslst rather stroruly.- T tie CffafRMAN Pro tempore' Ttre
time of the gentlema.n from Virginia
has expired.

(At tlre request of Mr. RousssLot
and by unanimous c{rrent Mr. Burlr
was ailowed to proc'eed for t additional
mfunutes.)

Mr. BI/TLffi" I thank the gentle'
man for his question. I(o* that we
have a little more tirne I would like to
lnlarge on that becrause lt b pretty im-
portant, it seems to me, where You &re

Loing to try a ease and detearrine
Iacts. ftre gentlemrn realizes thb bill
has created ll rrifferent conditions
wnicn must be ProverL rD ssts of
r&mifications to proof of thce eondi-
tions which must be Pr@erl belore a
covered jurtsdiction carl ome out of it'
Those condltions bave to be proven to
have prevalled over l0 ycars- atat- k a
tremendous burdca in the firS place'
But when Qrre coreilers hor.r mtrh evi'
aJnce tnat must lnvolve b terms of
oroof. how many witnesses one might
br could have in tha.t case. rnd when
v"'e consider rll of those things' then
certainly tt 15 tmportant to b€ Dear a
court whlch can ha.ve access to the
witnesses.

Mr. ROITSSELOT' And t'Ire wit'
nJti"" that could testify rs to the va'
lidity of thosedelrrs would obriously
u. 

"io*er 
to tJre local Federal district

court lnvolved: ts that not true?- 
Mr. BUTLER,. I thlnk conservatively

in most cases the District of Columbia

eourt would be l,Ooo mlles asay from
ihe oroblem rrea.--ii. noussrr,ClT. MaYbe thet ts
part of. the purpm of this legrslrtlon
io nrsie lt difficult lor ho'nest wlt'
nesses to be able to be herrd h the
TYashington D-C.' court. Othem'ise
ttrey sould hrve to be transported all
the way here: is that not tnrc?- 

Mr. iltrrrrn. That croutd cert^ainlv
be a consequenee ls r result of this' It
certatnly eould.

Mr. ROUSSELOT. It ls hs'rd to be'
lleve thrt rnvbody vould be tlrrt dwl'

the Voting Rishts Act of 1965. whlch I
cosponsored earlier thls year. In 1965'
rhin the ConSrear orEhrllY r,Pl
'oroved the 8ct, thse rrere nlllloru of
Lfects end other rrtnrities tn thls
country lho had been denied the
rleht to reSCster, vote, and ruD for po-
tttical oflice. Now, 1O yecrs later' the
Voting Rights Act has made lt pcsible
for blacks and other mtnortties to have
fair and effective perticipction tn the
elecioral Process.

The Voting Rights Aet of 1965 was
not passed only to s.eu." the right to (
register to vote, but to disc'ourage the
polttical manipulation teehuiques that
had beea used for over a century to
prohibit or suppress minority tnvolve' i'
aent tn Federal State, a.rtd local elec-
tlons Belore the Yoting Rights Act
was &pprwed" nrrmerous attempts had
been made bY the Cbngress to lnsure
rnlnsaily voting rtghts. These meas-
ures had attempted to lnsure such
riehts by requiring tbe courts to
revlew case-by-case Utigation but they
were lneffective ln enforcing the 15ih
amendment. Some States and local-
Ities imposed literacy tests, stringent
residency reguirements, and other de-
vices that.i-ply deterred blecks from
'regtstertng to vote. The Vottng Richts
ect airectlv and lorcduUy addressed
those denials of tJre brsic rlehts of BU

Americans to full participation tn tlre
electoral process, 8Dd its extensioD" es
embodiedln E-R. 3112. is essential if
the Cooeress is to protect those rights. a \

Tbe Bouse JudicirrY Comrnittee's \
biU wtU contlnue the vigorous enforce-
nent provisims of tJle act Ehich have
been used to insure tbat minorities
rDay exencise ttreir risbt to vote lre€ of
bindrances becsuse of tb€ir race'
color, religion, or nationel origin- This
bill l'ill colrtinue the provisions which
require Jurirlir:tions covered under that
ect to sulurit dl proposed electlon law
and district changes to the U,S' De-
pertment of Justlce lor review' to
insure tJcrt discriminatory practices
wfll not becme law- Furtbermre, it
will mrintein tlre provldoos shere lo-
cauties ceonot bailout of ttre ect
unless tbey can ahow r solid record of
no discrimination tn election lxoce'
dures FinaEy, the rct imposes bilin'
gual provi:sions stipulqting that non-
English ballots may b uced at the
polls. I cmoend tJre committee for
the hard rork it bas done to insure
tlmt blacks a^nd other minorities eon-
tinue to brve a voice in the eleetoral
process. I basic rEht that is gusr&n-
teed under the U.s. ConstitutioD-

Although ttre Voting Rights Ac't has
been in eCfect for a. long time, lod has
proyea to be one o( the tnrt $rccess'
ful measures ever entcted br the Con-
gress, the problerns it Bddresses are
rrot yet fully solved. It rould be Bn
jUridsemenfof f&ith to dilute tbe pro i ',
;iiii;;- oi tocarities covered bv ttre \''
lct practicing subtle forrns of voting
discrimination.

(nls.
Let rne rsk the gentl€maD enother

question. Why fs the claim mrde that
Uv ttre gentlernrnl lnendment pass'
frie,-;o-bv hearing these cases ln the
maiv tocat distrlct courts hvolved
it it- tns mEht be r diletorv trctie?
Can tbe gentlcrrran cxPlab whY
oeonle reise that issue?- lf,r. BUTLER. I eqrrnot beliele that
le Eertously relsed-- ffr. nOUSs:rr.,gf. I rqrld teU ttre
tBntlema.n t bve hcard tt ren'tously
raised to ne tud l Eomt fgo-

liIr. BUTLER. Ttrt' dr' b some-
t&ing ttnt I r'ilfd dralleDge rqyone
to maXe ruch sscrtion Esn tbc Ooor'
because the dilatsY restB rould be
dumping tOO rddtirorl caser b t&e
Distiict- of @rrnHa Drstri:t Oqrrt
vhere it b elreadY oerloade4 ls thq

"".r[teman 
well knows, and to edd

Ihese EOO cases, and rfrh the dstance
tnvolved end all of tbc tlmc' rod ttme
end Gtene ele releted to or arts

other in terms of how long it tates the
ease to be trlcd. The dlrtory efleet of
the deley tqrld be to the dstrict
court, not tsr the lol eourt'. I thints
the l6cal court rplrld come qdctlY to
tr.

Mr. ROIISSiELOT. f wantcd to clear
tJrat up. I appreciate my eollea8urc ex-
plainirig wfry Just the omeitc b the
iruth. That b ,iust r PhonY &rge,
then, that lt eould be more dilatory
lor ttre erclrsive lurisdiedion to
remain in the l@l Federd distriet
court.- 

Mr. BUTLffi. I cennot betieve that
ts a serioos eharle-

Mr. ROUSSEOT' Atrat charge
probobly rlll Dd be tnade' th€rL- I want to cornpliment ny colleagre'
Eis ernen&errt smds tlery Felson-
eble, I nrppose rceaon does not elweys
prevait. fut f frope h Dis case tt will' I
itranx t.be tpntlerna.n for hls 'com'
Detrts end support bis amendment'

Mr. BIIILER. I thlnk the llEotle-
uran for hb kind c@m€Dts.

Mr. EDWARIE of CsfiJornia- ll[r'
Chairman, I rise h opposition to the
emendrnent.

Mr. RATCIIFORD. Mr. C?rairman'
rill the gentlemen Yield?

Ivfr. SDWARDS of California' I yield
to the gentlema,n frorn Connectic'ut'

(Mr. -RATCIIFORD asked and was
gdven permission to revise end extend
his remarks.)

Mr. RATCEI'(CRD. Mr. Chrlrmn' it
is a great honor for me to rise in sup'
port of the extension legislation for



&tofur 5, 1981 CONGRESSIONAL R.ECORD - HOUSE H 695r
compelllng evldence rras overwhelmlng
of votlng dl,acrtmlnat ion.

Now, the testlmony belore our sub-
commlttee was stlu the geme. One wi[-
ness descrlbed the ease of Connor
agalnst Johnson, a Misslsslppl legisla-
tlve reapportlonment case thet went
on for l,l years; and lt took nlne trlps
to the Supreme Court before effective
rellef was obtalned.

The court tr the Distrlct of Colum-
bla, Mr. Chalrman, now has had 16
years experlence. It does as excellent
Job. We have had no evldence whatso-
ever that tt l,s not performlng satisfac-
torily. I trust that we shall reject the
amendment offered by my dlstin-
zulshed frlend, the gentleman from
Vlrglnla.

Mr. RODINO. Mr. Chalrman, wiU
the gentleman yteld? '

Mr. DWAR,DS of Caltfornia. I yield
to the dlstin8i'ulshed chalrman of the
Comlnlttee on the Judiclary, the gen-
tleman From New Jersey (Mr.
RoDrNo).

(Mr. RODINO asked end was gJven
perml,ssion to revise and extend his re-
marks.)

Mr. RODINO. I thank the genfle-
man for ylelding.

Mr. Ch8lrma.n, I want to say that
the gentleman has clearly stated.why
we should reJect ttds arnendment.

Those of us who ps,rttclpated ln
those debates thet took place prior to
the adoptlon of the 1065 ect know how
extensive the arguments sere made
that all Federal courts should be ableto coruider votlng rights problems,
vottng rights Utieation, voting rlchts
lssues. And I believe that time and ex.
perience trave showed us qulte clearly
that the D.C. court was the proper
court to implement protection for the
15th a,mendment.

The CBAIRMAN pro tempore. The
tlme of the gentleman from California
(Mr. Eowenos) has expired.

. (On request of Mr. FLoonro and by
un&nlrnous consent, Mr. Eowenos of
California was allowed to proceed for 2
eddltional minutes.)

Mr. RODINO. If the gentleman will
yield further, I would slss llks to state
that the genUeman pointed out at
least some cases, but there are s
number of cases where, when these
issues were before loca.l district courts,
we have seen decisions wNch were not
coDsist€nt with the Corrstitution.

There are a number of them. There
have been Erany eases ln district
courts other than the D.C. court
which show the diffieulty ln obtaining
relief ln voting rights litigation, even
when the facts and law are clear. In
Connor against Waller, a three-judge
court in Mississippi; in Connor dgainst
Finch, a three-Judge court ln Missis-
sippi; End Perking egainst Matthews, a
three-Judge court in Mississippi, litiga-
tion had to go all the way to the Su-
preme Court to get rulin8s that sec-
tion 5 preclea,rance must be followed.

Congress originally placed Jurisdic-
tion in the Distriet Court for the Dis.

e'
A wtde renge of technlques have Votlns ls a constltutlonal rlght for

been uaed over the past 10 yeBrg t,o BU Amerlcan cltlzens. The Votlng
csncel or dlsperEe mlnorlty votlng Rlghts Act, extended, would lnclude
strength. There ere stlU numerous dls. all Amerlcan people tn the governlng
crlmlnatory barrlers ln the States and process-B basls of democrecy.
localliles covered by the act. A slgnlfl. Mr. EDWARDS of Caltfornla. Mr.
cant dlspBrlty exlsts between the pro- Chalrman, e malorlty of the commlt-
portlon of whltes and blacks reglstered tee thlnks lt [s 8 very b&d ldea to
to vote. Bl&cks end other mlnorltles, ln cha,nge Jurl,sdlctlon from the dlstrlct
several Statee, are woefully unrepre- court ln the Dtstrlct of Columbta to
sented at key levels of government. local dtstrlct courts..The dlstrlct eourt

The 07th Congress must not permlt ln the District of Columbla has been
amendments to II.R. 3112 that would the court ln batlout eases for 16 years
weaken this lmportant blll Eerely out rnd that system has worked very well.
of empathy wlth State or local offi- There have been more tha,n 20 Jurls-
elals who feel they are belng punlshed dicilons that have bafled out at lttile
too harshly for past prectlces of dls- expense and no trouble. None of these
crlmlnation. The fact ls, dlscrlmlnato- Jurlsdtcttons has been requlred to
ry barriers contlnue to stand ln certatn come to Washineton for expenslve
states and localitles, dlscouraglng ml- ballout sutts. They have all bafed out
nority particlpatlon and obstructlng by consent decree, wlthout expenslve
mlnorlty rlghts tr electlons. We must trtals.
contlnue the landmark provlsions of 1 In prepartng for the ba[out the Jus.
the Voting Rights Act untll blacks and -ltlce Department would eend tnvesilga-
other minorltles throughout this coun- ltors to the local erea. People did not
try are allowed to reglster to vote free lheve to travel to Washfne6ri. No wtt-
of coerclon, free of discrlmtration, free frresses had to come to the Dlstrtct of
8s every American must be free. IColumbla to testify. The court records

Mr. SCEITMER. Mr. Chalnnan, wlll -were mede by deposttlon tn the local
the gentleman yleld? Jurisdicttons.

Mr. EDWARDS of Callfornia. I yleld Where the Justlce Elepartment dld
to-t_he g_e4qe!qq,n from New York. ftontest ballout acilons, ln every ln-Mr. scErIMER. Mr. chairma,n, r fstance but three the covered Jurlsdlc-
urge the zupport ol my colleagues for ftton merely dropped lts suft when
the extension of the Vqting Rlghts Act lproof was broauced showtng that lt
es reported by the Judtciary Qemmlf,- lnaa taUeA to meet the test-. In thetee. ftnree or four contested ballout sutts

Passage of the Vottng Rights Act ln 'the Jurisdiction lust dld not have the
1965 provided for the implementatlon prooi and the bailout sutts falled.
of the lSth amendvnent which Exraran- - The supreme court ln south caroli-
teed the right to vote free of discrlml- m against Katzenbach nrled that vest-
nation based on color. -or race. TIre tng ,grisOctton eict$tvety ln the D.C.
voting Rights Act speciflcally probib- court was an approprlate exerdise ofIted 4lscrimlnatory voting practlces the consfltuttorial aut1rorlty of Con-
against tnlnority citlzens !r an lmpor- gress pursua^nt to artiCle ill of ttre
tant effort to achleve that goal. IIow- eonsttiuflon, ..to ordaln and establish"
ever, the need for the extenslon of frferlor trrederal trtbunals,this ect, unarnended, has been weU Congress in 1965 vested exclusive Ju-demorutrated. Extensive testimony rlsdiction over bailout sutts tn the D:C.
before the tlouse Judiciary Committee courts. Congress acted h l96E for sev-
has revealed that subtle fonns of dis- eral good ressons. F,trst to ensure unl-
crimination are prevalent in some of form application of the bailout sta.nd-the States originally targeted fur the ards on a nationwide basts. That is im-
1965 legislation and have substantially portsnt, Mr. chairman. Also to ensure _weakenedminority voting power. tmpartial decisionmaklng free of local

Although some abuse_s of voter regis- bias and political pressuies. ThBt ls &ntration have continued since ttE pas- ltem also mentioned by my colleagu-e
sage of the 1065 act, the Voting Rights from Virginia (Mr. Buu.ER). We
Aet has been primarily responsible for should nof have dlfferent funterpreta-
the increaslng particlpation of minor- tions of the bailout provisions iir Af-
Ities in our political syste-m. rn _grow: ferent perts of the co-untry, one provi-
lng numbers, minorities have Jofuned slon accordinC to 8 New iork districtthe political malnstream^^.&s_ vglers, court, one prodsion according to a
ca.ndidates, a,nd public officeholders. Misslssippi Astrict court, and so on.
The goal of full participation and rep- Also, the testimony of ttre hearings
resentation of mtnorities has been far ln 196rl and 1965 preparatory for the
from realized, however. The extension enactment of the'Voiini Rigtrts ectof the Voting Rights Act is the most lndicsted that the D.C. -couri should
basic a^nd necessary step to take ln have exclusive Jurisdiction because on
continuing our commltment to achieve some parts of the country district
that goal. courts ln voting rights cases had ex-rn closing, r am reminded of the tremery difficuri tasts to perform and
wisdom of the late Roy Wilkins, who Eometimes the tasks weri almost'lru-stated: possible.

No Arfic&t ls required to "earn" his
rtghts as a citDen. tris human rlghts come tr 1400
from God end his citizenship rights come Almost in every case, numerous ap-
from the Constitution. peals were required, even thouch tbe

i
I
I
li
l,

li
I

f'
I

L t



H 6952
trlct of Columbla to assure unlform ln'
terpretatlon and enforeement of the
sct. Ttris grant of Poser was found
constttutional ln South Carollne
aerainst Katzenbach Bnd we should
continue lt under our new ballout pro
vlsions ln order to be conslstent.

Mr. McCI0RY. Mr' Chairman' wiU
-lhe gentleesn Yleld?

M;. EDWARDS of California. I Yield
to the gentleman from lUinois.

(Mr. McCLORY rsked and was given
permission to revise and extend his re
marks.)

Mr. McCLORY. I thank the Sentle-
man for yielding.

Mr. Ctrairman. I Just wrnt to saY
that ln the enactment of the 1965
Voting Rights Act, I supported vestint
Jurisdictlon ln the court in tlre Distrlct
of Columbia, and lor the very reLsona'
or for some of the verY reasons, that
the gentleman has enunicated- Eowev'
er, there have been Eubstantisl
changes whlch have occured ln our
counfry and in the areas which are
covered. t'or one thing, we hsve seen
vast lmprovements with regard to
voting rishts, voting registration' 8nd
elections. Also, we have seen substsn'
tial changes !r the personnel of tlrg
courts. As a matter of fact, I opposed
the dil'iston ol the districts ln the
Southern part of the country for the
very rea.son that I teared that tbere
worild not be fair decistoruuakhg wrth
regard to the righls of mhoritles lf we
provlded for thts dlvtston of the ctr'
6uits. But that division has now takeD
olace. and for the very rea^son that cie
iina tnat there ls equity and ttrat
there is fairness betnei articulat'ed by
those courts In the area, s'lthout fear
of the old-time prejudice tntenrenlng
to make those declsions less than fair.

The CIIAIRMAN Pro tempore. fbe
tlme of the gentlema.n from Callfomta
(Mr. ED$TARDS) h&s again explred.

(On request of Mr. MCCLoRY and bY
unanimons consent, Mr. Eowenos of
California was allowed to proceed for 2

additional rninutes.)
Mr' MecI0RY' rf the Spntleman

n'ill yield further, I think tt is about
time that we restore confidence and
support to the Federal JudiciarY
throughout the country and to repose
responstbility on those courts for de
eiding gener&I legJslation, and I see no
neason why any provisions that we arc
orovidins now cannot be falrlY and
iquitablJ resotved bv the eourts ln
those areas. I think that the general
law that we are enacting here b gener'
al law that all of the district courts
shoutd have the right to lnte4)rel

I sav tbe reasdl lD 1965. I supported
the bssis for heving Jurisdiction in ttre
D.C. courts st ttrat tirne. At ttr€ pres'
ent tlme, I do not see that reason" end
I do not think it is Justifi,ed tblt we
should perpetuate a situaUon tltat pre
vailed long ago r-tri9h I thinl re have
outlived now. ttid I tnfnx Jusufiably
so.

Mr. EDWARDS of California. Mr.
Chairman, I thank the gentleman lor
his observations, and I still believe

CONGRESSIONAL RECORD _ HOUSE

very gtrongly that the dicrlct court ln
the Dlstrlct ol Columb*e ls dolng r
very good ,ob, hs done rc lor 16
years, and those serne neasolrs epply to
keep Juri.sdiction bert.

Mr. SBISENBRENNER. Mr- Chair'
man, slll ihe Sentlemen Yleld?

Mr. EDWABDTS o( Crlilorria- I vleld
to the gerntleman from Wisconsln.

Mr. SENSE}{BRENNER- Mr- Chalr'
rran I would like to eomrnend the 8en-
Ueman lrm Callfornla for hls ttstc
ment sueclactly stathrg why the Juris'
dlcUon should remehr ln thc U'S- Dis'
trlct Court for tIe Dtstrlct ol @lum'
bia.

Tbere b one otlrer ferture. tbrt bas
not been dscussed h thc debrte on
this l,ssue so fer, rnd tlrat k the cat to
tlr Fedcral GowrDmerrt ol sending
the Justbe Departrneat to rll ol thesc
Jurisdictions around the country' 8s
rell as assisntng ludges lrom qrt$de.
tJIe Jurtsdiction lr: to hear the case' la
proir.seO by ttre amendstent ofiered
Ly ine gentleman from Vlreinia-Ttrls -amendment, perhaps' c*n be
called the Justice Department Jrrnkst'.
hg amendmerrt of 19E1, lnd it should
be defeated.

lfir. EDWARDS of Californla I
tJrank the SEntIemaJL

Mr BAUSBACIL Mr. Cbairman" I
Eove to strike the requlsit€ number of
words, aDd I rlse ln oppositioa to the
emendrrenL(Mr. R.A[IfIBACK rsted and uas
gtven permission to revise and erterd
his remarLs.)

Mr. RAILSBACK. !&. Chatrme,n' I
do want to etree, genereLv' wlth the
remarks of the chaitrnan of tJrc sub-
committec, es vell es th€ remarks d
tJre gentlema.u who lrst sDoke

Golnc beck to the 1965 lat, wberc
there was r rather broad btpertisan
consensus, after debate, thst bccausc
of the extra,cndinary remediea ttrrat
were going to be provided. tstcluding
preclerra.nce end cU of the other pro'
nlsions for challenge, lt would be very
well advised to hrve a uniform court.

I think many Members belleve that
ell of ttre covered Jursidictioos ere
down SoutL a.nd that ls not tJre case.
Tbere ere aome Jurisdictions ln the
State of Ner York, there are sorne, I
believe, tn Arkansas, tn Alaske" and I
ttrink there ts good reason to at le8st
have a degree of uniformtY ln the
decisionmaking relsttng to rbat I
think ls t very import8nt constitution'
rl issue.

One of the conc'essions made by the
proponents of the votlng rights cxten'
ai'on ead vNch I thirl resulted lrom
ttre work of ttre rlnlrlng rixtrity
Member vas thet, ln the provlsirn for
bailouL cqrnties wlll be peruritted to
bail out and not just States

8o risht now, lf thls legislrtion
passes-and I believe that tt vill-
tlen, Ior the first tlme, we rre soing
to have a very large number of rubdi'
visions. county subdivlsions' that are
going to be eliglble to bail out.- Nos, the estimates are not certain.
One of the estlmates that I have eeen

Octobr 5, 1981

tndicatcs thet about 25 p€rcent of the
county suMivisions hn the covered ,u'
rlsdietlons q,ould lmmedlately be rble
to beil out. And from that polnt on. lt
progresses.

Bo what I am raylng ls that the
point mede by the gentlemen from
Wisconsin I thtnk lr very approprlate.
If you have a verY large number of
counties that seck to bail out when
they are permltted to do so, then I
lust wonder what would happen. from
the stendpoint of the Justice Depart-
ment and lts abtlitY to send People
lround to the narlous furisdictions
that are seeklng to ball out.

In other vords, I aPPlaud the com-
promlse that nm Permlts certaln
Counties to ball out wlthout the States
themselves havtng balled out. But I do
thtnk tt gtvea us an addittonal rres-son
to rnaintaln the eourt ln the District of
Cohrmbia.

Mr. BUTLER. Mr. Chalrman, will
the gentleman Yteld?

Mr. R.AILSBACK. I Yleld to the sen'
tleman from Virginia.

Mr. BUTIER,. I thBnk tbe gentle'
man for yleldlng.

Mr. Cbsirman, I want to be sure
that ttre gentleman understands the
emendment whidt I have offere4 be-
cause we hsve contlnued the prtplear-
eme supervlsion of the District Court
of tJre District of Columbia.

Mr. RAIISBACK. I understand.
Mr. BUTLER. I am Ju.st a little bit

disturbed that ttroG€ of us who believe
in States rlshts 8.od local governments
are Ehftlng all of our responsibilities.
A number of r,rs Republicans are in'
volved tn tJrat. Eere t&e gentleman ls
saying tbat maybe tt costs tJre Justice
Departnent too mucb to go dovn to
tbe dtstrict rnd send one lswyer-I
l&sume to send one lawyer-rather
than tmpose upon the counties and
the St&t€s tbe trp'nendous expense of
bringing that battery of facts' lawyers'
witnesses, end everybody to Washing-
ton.

Mr. RAILSBACIi What I rm saYing
ls that under this bailout that we a,re
talking about" for the first time we are
going to permtt a number of counties
to UaU out, tundependently of the
States- It has been estimated, a.s I said'
that one-fourth of them are going to
be eligible to bsil out. And then' as I
mentiorfd it proEr€sses from there'

I guess wha! I nm gaying is that I be-
lieve that whea the Votinc Rights Act
of 1965 rras passe4 tihere sas good
reasdt theo to bave rnlronm rFlica'
tton in these YerY hPortant -ses. I
do rpt elways asree with t.he District
of Cotumbia CourL I do tblnk that
there is good reasur to have uniform'
itv.

I might edd one more thing. ln tJr€
event there d nld be a de\Y-r'nd
tJris has mt been roentione&-then
there is a special procedure now son'
tained in t&e legislation thrt would
permit the gppointment oI additional
judges from outside the Jurisdiction to
come in and hear those cLses.

I



Octobr 5, I98I
Mr. BUTLER. Il the Erentleman wlll

yleld further. how would the appolnt'
ment ol rddltlonal Judges outslde of
the Dtstrlct of Columble contribute to
unlformity?

Mr. RAII-SBACK. I,et me Just
Bnswer that question, lf I can, and
then I wlll yleld to the gentleman.

My feeltns lsthat lt would be only ln
those cases under an amendment
adopted, that would only be triggered
after 2 years. I would hope that there
would not be 2 year delays.

The CIIAIRMAN pro tempore. The
ttme of the Sentleman from Illinols
(Mr. RATISB^cB) has explred.

(On reguest of Mr. Bunsn and by
unantmous consent, Mr. Rerlssrcx
was allowed to proceed for 2 additional
mlnutes.)

Mr. BUTLEII. U the gBntleman will
yleld further, the gentleman said that
sometlmes he agrees and sometimes he
disaerees wtth the dlstrict court. I
think the reeson ls because m&ybe you
have got a different panel. You telk
about uniformity, but sctually the
panels are selected from 11 active and
2 retired appeals Judges and 15 acting
and ? retlred district Judges. Now, that
is a total-dolng some quick arithme-
tic-of some 35 Judges.

Now, rea[y, when you talk about
uniformity, trow are you going to get E
uniform pa.nel on that?

Mr. RAILSBACK. If I ca.n respond, I
would say that I thtnk we are much
more ltkely to have uniformity ln the
cuse Just cited than if we had Judges
from New York and Judges in Jackson,
Miss., or a Judge ln Alaska. I thlnk
what you have ls probably a body of
opinion that udll build up, too, when
these counties are seektrg to bail out.

I sincerely hope that the bailout
works. And I must Eay that I am not
sure that we drew an exactly approprl-
ate ballout mechanism, but I hope
that it does work and I hope there are
25 percent of the counties that are eli-
eible to bail out that have been ln
compliance.

Mr. CONYERS. Mr. Chairman, will
the gentleman yleld?

Mr. RAII-SBACK. I yield to the gen-
tleman from Michlgan.

Mr. COIfYERS. Mr. Chairman, flrst
of all, I want to conSratulete the gen-
tleman as one of those who has been
working toward a compromise on this
bill for the past 0 months. But on the
point raised by the gentleman from
Virerlnia, when he worries about there
being maybe l? Judges, or more, ln the
D.C. courts, does the gentleman real-
lz,e Lhat lf we allowed one-third of all
of the 92 distrlct courts who have
from 2 to 12 Judges to get into the
ect, we would be ln far, far worse
shape. So I think we would be eroding
one of the most basic parts of the
Voting Rights Act that has been ex-
terded and upheld by the courts all of
these years sere we to change the
locus of the Judges and the courts.

Mr. COr.r.TNS of Texas. Mr. Chair-
man, will the gentleman yield?

Mr. COT.I,INS ol Texas. Mr. Chalr-
man, ln regnrd to thls metter of trlal
by Federal eourts throughout the
Natlon, whether or not they would Bd-
Judlcate lssues falrly. I Just want to
dlscnss the matter of busing.

The CHAfRMAN pro tempore. The
ttme ol the gentleman from lllinols
(Mr. Rerr,ssecx) has expired.

(On r&uest of Mr. Cou.rxs of Texas
a,nd by unanlmous consent, Mr. Rarrs-
B^cK w8s allowed to proc'eed for 3 addl-
tlonal mlnutes.)

Mr. COLLINS of Texas. If the gen-
tleman will yleld further, courts have
ordered buslng all over the country.
We flnd that down ln Texas, court
after court throughout the State rules
to mandste busing, which ls consid-
ered a libersl lssue. In fact, you wlll
not find a more liberal Judge ln Amer-
lca than Judge Justlce over ln Tyler,
Tex. So tf you all are Just looking for
liberal Judges, they are spread all over
the country.

On the other hand, when you come
to D.C, you have the most expensive
State ln which to vislt on a business or
legal case.

Mr. RAII-SBACI(. I gather there has
been a tremendous record of lmprove-
ment which ls undisputed in all of the
southern Jurisdictions.

Mr. COr.T.rr{S of Texas.'I would con-
firm that there is no doubt about the
lmprovement. In Texas, our officials
submltted 16,300 cases, and they only
found 130 of them where the Justice
Department even raised a question.
But we are always required to appear
before the court up here in the Dls-
trlct of Columbia. In D.C. you have
$100-a-day hotel bllls, lt costs over
$500 to fly up here by coach. Why do
we not let them try these voting cases
down ln the district? These local cltl-
zens also work for a llvlng. When they
come up as witnesses, when they ere
lnvolved, they have to take off for 3 or
4 days. It is just reasonable to let them
try these cases ln their own area, so lt
saves time and expense.

' tr 1415

Mr. ROUSSELOT. I appreeiate my
colleague yielding.

If uniformity ts my colleague's maln
concern, and he feels that the district
couri ls the best plaee to do lt, maybe
all death penalty decislons ought to be
brought here. That would give us
better uniformity.

Mr. RAII-SBACK. I,et me say that
the reason for having the District of
Columbia court, hear these cases is be-
cause there were some rather extreor-
dinary circumstances that occurred in
the country that triggered this rather
unlque bill, and, frankly, ln reviewing
the record, I am convlnced that et one
point fu: time there were a very large
number of practices that the gentle-
man himself would not condone, and
then when they would go into court
they were not being treated fairly.

Mr. RAII-SBACI(. Those that were
petltlonlng agalnst dlecrlmlnatlon hBd
a Breat deal of dlfflculty Settlng Bny
klnd of rellef at all.

Mr. ROUSSETOT. Does the sentle.
man thlnk all death penalty cases
should be transferred here?

Mr. RAII-SBACK. I think lt ls an en-
tlrely different c+se-

Mr. ROUSSELOT. It ls different for
the death penalty but not for thls?

Mr. RAII-SBACK. Although I would
submlt ln the case of the death penal-
ty that riSlht now the Supreme Court
ls the one that will probably ultimate-
ly deal wlth even capit&l punishment
cases.

Mr. ROU$SEL'oT. That ts on ulti.
mate eppeal. My polnt b what ls
wrong wlth our district courts? Are
they so terrtble they do not know how
to handle thls issue?

Mr. RAII-SBACa<. I would suggest to
my friend from Celifornla he ought to
go back snd check the history of this
whole thing. In other worlds, read the
history.

Mr. ROUSSELOT. WeIl, some of us
have trled to check the history and we
have been told here today that this
law has brought a greater advance-
ment of vottng rlghts throughout the
country. Coupled with that, the gen.
tleman ha-s not proven his case that all
the district courts ln thfs country are
lncapable of handling the issue.

The CIIAIRMAN. The ti.me of the
gentleman from IUinois (Mr. RArLs-
BAcK) has expired.

At the request of Mr. Roussnor and
by unanlmous cbnsent, Mr. .FlerLsaecK
was allowed to proceed for 2 additional
mlnutes.)

l[r. ROUSSE.oT. If the gentlemen
will yield further, lf uniJormlty l,s "the
Sreat lssue" here, as the gentleman's
reason for opposing thrs amendrnent,
should we then consider transferring
Jurisdiction to the district court on
other lssues?

Mr. RAII-SBASI( I.€t me Just say
again-the gentleman knows I readily
concede thls-we are dealing with
what I think ts kind of an extraordi-
nary set of clrcumstances, rea,Uy &pp'.
plytnC to a very basic and fundamen.
tal concept.

Mr. ROUSSELOT. What is wrong
with the other district courts? Do they
not have Judges_

Mr. RAILSBACK. I heve tried not
to tnternrpt the gentleman.

What I am saying is, the reason for
the unique status of having this court
in the District to provide uniformity is
the unique set of circumstanees that
led to the problem ln the first place.
The gentlemen is talking about a basic
fundamental eonstitutional right and
we find that in this particular case the
courts were not doing what they were
supposed to be doing.

The CHAIRMAN. The tlme of the
gentleman from Illinois (Mr. Rerls-
BAcK) has again expired.

CONGRESSIONAL RECORD - HOUSE H 6953
Mr. RAII-SBACK. I yleld to the gen- Mr. ROUSSELOT. The gentleman

tleman from Texas. knows that was l7 years ego.

r0

lCi

(,. )



H 6954 CoNGRESSIONAL RECORD - HOUSE octobr 5, 1981

(By unentmous consent, Mr. Rrru,s- lesue from the llth ctrcult ond 5th clr' Mr' SAM B' HALL JR' Mr' Chalr-

E^cK was Bllowed to proceed for 2 a.ddt- curt]tni'I ci""urG 
"o*- 

ln.New orleans man, I rlse ln support of the emend-

,onal mtnuteg.) ano'i-tranta, inev oueht to 
-tinow tney ment offered by the- gentlemen from

Mr. SENSENBRENNER. Mr. Chalr- ere gensltlve, they ere among the lea.d- virgtnta' whlch would estsbush the Ju-

man, wul the genueman ytetd? tng 
-courta in the countri on clvll rl,sdictton of three'Judge Fbderal dis'

Mr. RAII-SBASK. I;;ie-ti'tt 
" 

g"t - rlg:hts lssues trlct courts ln localltles covered bv the

ueman from wisconsln. Now, u we are soEs_t.o burden the special provlslons of the 8ct to hear

Mr. SENSENBRENNER. I thank ar.e-aiy -or"iuuroinea-pistrtct of co- declaratory Judgment sults for the

the genueman for yleldlng. rumuia dlstrict courts 
-wtth 

theae grantlng of ballout under the provl'

I belleve the gengeman from llltrnots lgsues, ana ttr" Bentleman satd some slons of the Vottng Rights Act Exten-
(Mr. RAu,sBecx) has done Bn excellent goo -ilai-weu 

ue Ltigiute,- we are going slon of 1981 (H.R' 3112)'

tob tn Dolnttng out l-h; necessftv of to a""i lusGe. Jusiice-delaved ls .Jug- It ls not I mere rhetorlcal exerclse to
bavlngcentrallzed""ri"*,anaiwilura ilcJo-eirii*.Thatlsacliche.Andltts mention the c.onstructlve work End

ildftnt t6ltt,st rast June 21, the eo bed*J ti ts true. rf only "nlfolm' able -contrlbutions which the sentle-
fi;;;;;-d,irr -not"a 

rn ]ts iei'rdw ot iw r"a l""ttce ts obtalneble ln the Dis- man has made tn Judiciarv committee
the precleBrance requiremenrs pres- trrct--Jf corumbia, whet gbout first action on Ir.R. 3112, 8nd I commend

i-riuv-iir-*"tr"n s ot thelotrng nigtrts emendment rlshts cases? what about the gentlema,n for offering hi,s emend-

Act, that- 14th smendment rlghts cases? \f,rhat ment today'

centslijzed revles enhrnces the ukellhood about 15th aErendment rtghts cases? et bsue here is not wheiher or not
thar recurrrns problems i,iu*uJ'il;*ii"Ji'r,, " 

They are trled all across tl" qou|ltl. leeislation to ext€nd the 1965 Votins
constsrentrndexpearuor.lt*'*"---- But no one, when t! sqlq _t" tFry' Rlshts Act ls necessary. rndeed" r

rrrar rs tne supreme q;1,1,p:*lt* i,|fl,llr[f"i: !L"r[:tff'*5lli#"k :ffi',iH:"1"*',IJ* l'.1?"3fr?itr;
in the case of McD8nlel tstlrTl_!'Hl: irii" iiiit-"-DGtitct of Columbla,. rfgnt of aU Amerlcens to vote. The
chez which is not more than 5 monLns -- Wfr"t about busing? \trhat about co=mmtttee report very aptly notes
old.

Mr. rrrDE. Mr. charrman:.Ip?1e- to ti?ii"fio"B,#$liH #",;f?Tiffi :t*,t};Jl"li,* Iifr?JffiT],":x;
strike the requisite numEI-.LY9IT:_ ilti";;;vq--pe you know there ts an wflt nor endorse any action which, tn

(Mr. IfYDE asked a
mission to revrse .',liIH,$'il"'il: :f:T"f#:'J*,f rHtriiH"13|,H: A:"'J'Sf;il'i,T9P*Ti"f"hP[?i:
-iif;'i""p. M.. cl,Bt',,lcn. r rise rn ru:fl :X"'*:'"',:iY'SftL*, o *i:*T: n::T:iiffiffitiy or the
support of the amen$""**" 

tr clear ttr.lt-G an at-tlacx on the court svsteq F;a;r"l-l;A;i"t "y.t"- 
Geti. x.n.

Mr. Chairman, let
we ane ta.lktns 

"uo,rt 
ffiJiiiiofi ;;;- w.e_are divesuns the accesslble court of 3112 would extend sole Jurisdiction of

ess, not prectearan#." fffu-"L-r""i, Jurisdictton to hear cases involving the District court for the District of

stays rieht here ln tr['o[ili"ii?r-i"o"- le.onle 
who will be siven access to thE columbia to hear declaratorv Judg-

iuiluia-cou't"' '""'F;#:il'lrlu;! **ll,lxr,t"tli?E6ii.:#*{ [{i:il#-wffiffi5ffi*:l$within the Justice Dt
It comes to bailout, tt
fered my colleague tr{#'fi'fril';"y" !i-on. a deposition ls not the eguivalent ticularlv disturbed over the under-

we have got ? Fede;l';;ff;J&: of iavirng-the witness c-ome into court served slap which this action throws in

let us use lt. and be cross'examined and for the the face of Fbderal dirstrict Judges who

This entire bill ls dtrected toward court to view the wltness, the demea- presently serve on the bench ln areas

the achievement of 8;;:;;eI; to nor, the facllitv with_ which thev tes- outside the Dlstrict of columbia. I
the electorat o.o"""",ffiiihi:1ffi"f tuy. wnat we are doing ls limitins have falth. and r belteve the American

ment offered by my f;:;[?#'ii;- access to Justice, and tt is wrons' people share ttrat faith' in the sound-

ginia ts directed to*"rd-",.co,io tte we have got sensitive Judges who ness of the Federal Judicial system'

courts. travJ eniiautE records in civil rights all This faith ls founded on the recosni-

Does the gen,eman mean to say tn.ouln the south end this amend- tion that some of the most historic

there is only one bullding, only one ge- -..ri-Jvr make Justice accessible to end coura8ieous decisions handed dourt

ographical loca,on il;d;;ilir"ittr, litiianG and to n'linesses and to attor' on civil rights lltigations ln the historv

to the vo'ng ,.i'rhts Act resides? That n"i'., b"t ve are denying that. of American jurisprudence have been

is right here in th" Di"*;i;;iAriffi: . i rrrgg""i to mr- collea_sues this is an rendered bv Judges of southern heri-

bia. .rr,.rfi"t"Jin. sysiem and rl'e talk about tage sitting on Federal courts located

The genneman talks about uniform- cost to the Government. The Govern- south of the Mason'Dixon line' To call

ity. There Bre 1l actio." *rra 2 retired menL-has u.s. ai"t.i"t attorne!'s all for the District court for the District

appeals court justices t "." in the Dis- a.ro." tne souttr. That is not an alien of columbia to have sole iurisdiction
trict. There are lE active and ? retired p"ri ot ihis country, Just as they have to hear declaratory Judgment on suits

district court JualSes right here ln the ln the North. It is the exp€nse to lhe for €ranting bailout under the voting

District. - wit""i""J a"a to the local iawyers that Rights Act is to place in disrepute the

Nos, s.hat uniformity? Are we Soing haie to be matched against the u's. very system of Jurisprudence which

to pick three of th;# tJir;ri iri^.'r Government: it i,s just not fair. has so ablv sen'ed this countrv for

these cases? Are we golng to pick six of tf we &re lnterested in justice, then over 200 years' I speak from firsthand

them and put them in tq.b panels? hav.e it aecessible to peopll 8nd to liti- observatlons 8s e practicing Bttornev

How are we Eloing to get thst Uniform- gants. Do not make them trek up here of 30 years' experience before the

tty with 11 active ep*t,*te judges and to. in" bGtrict of Columbia court' courts that the men and women who

lb active trial judgesi wnicn is overburdened. And 
-if 

we ao sit on the tiench of the Nation's Feder'

We are not, of course. The fact of nof thinX these iudges are capable of al district courts are citizens of charac-

the matter is, when the U.S. Circuit aaminGiering iuitice' then wi have a ter and of inteeritv giasping a keen

Court of Appeals irn New orleans or in uuiaen to sri"tlln that that I suggest Eqareness of what ts Just' what is

AtlantapicksthreeJudgestohearthlswecannotsustain.right'andwhatlsconsistentwiththe
ca-se, not one of tn"ri """ii;; 

i;; th" Mr. SAM B. HALL, JR. Mr. Chair' constitutional protections of the riehts

fftfl,::dH}fif'iIt,#" 
n' ;ffi,,,:l f,l,ii;i n ;;ii ;t,it"_.he requisite ;l*flll:u"*s 

asso:iare:with u.s. citi'

backwoods justice, and I suggest to my (Mr. SAM B. HALL. JR., asked and - Logisticallv, the broadened standard

colleagues, lf they are &t iu conver- was given permission to revise and for bailout provided ln the bill will
sant with the records of ch'tl rights extend his remarks') very likely result in an escalation of

it

,{
tt
\,



rc
&tabr 5, IgSl
such sults to be flled. I quectlon serl.
ously, ln Ughc of the elready crowded
docket of the Dlstalct ol Columhle Dls-
trlct Court, whether that glngle court
elone wlll be rufflclent to hendle rll
ballout cases.

The reasons tor propostns the
Smenrr'nent pree€utly rrnder queSflOn
are sourd" It le not good pmctlce to
rernove I case trom t.lre rurlque cltrttrn.
Bta,nces wbtcb rhepe the electonl af-
fatrs of c locallty. To do :o makes lt
dlfflcult to acertaln the tnre facts and
to render sound Judldal Judements.It l,s not good govenrment to lmpose
upon local Jurlsdlctlons tlre constder-
eble expense of sendlng represente-
tlves ol the polltlcd subdlvlslon to
WashlngtorU to tbe expehse ol hevtng
to hlre a Washlngton lawyer farnllla.r
wtth Utlgattrs cases ln the Dlstrlct ol
Columbla: to the expense ol brlnglng
wltness€! lrrom tJre locallty to tegttfy. -

Mr. Chelrman, f have had experl-
ences ln the pa.st tn representtng
school dstrlctl ln Texas, and as e
matter ol lor1". the flrst edmlnlstrettve
law Judge bearlng oonemlng school de-
seSretlon thst sas held we hed to
come to Washlngton from Waskom,
Tex. T[e h8d to brlng e echool zuperln-
tendent and seven memberg of thet
board. We hed to brtng e hoet of wlt-
nessea.

Tbe CEAIRIf,AN. fbe tlme ol thegentleEen lrpm Texas (Mr. Ser B.
IIAr.r" Jn-) bas explred

(BY rtnrnlrnOUs Cgnsent, Mr. geu B.
BAr.r+ JB., sas allowed to proceed for I
addlUonel rnlnut€.)

Mr. 8AM B. EAf& JIl. We had to
bring bundles of evidence and wlt-
nesses. We had to do tbat on two or
three occasions. It worked out yery
badly from a loglstlcal standpolnt.

After tJrat gr8s doue for g few ttmes
we contacted the Justlce Department
and they saw the error of tJreir ways
&t tJrat tlme and the procedure was
cha.nged,

Today, for en admlnistraflve hearlng
you do not bave to come to Washi:rg-
ton. You go to Drltes or Eouston or to
a locality in the area where the school
districts are located" I thint the same
thing should hold true ln what \pe are
speaking of here today.I urge .the passage of thts amend.
ment.

Et 1430
Mr. FAUNTROY. Mr.

will the gentleman yield?
Mr. SAM B.IIALL, JR.I yield to the

gentleman from the District of Colrr?n-
bia.

(At the request gf Mr. Feunrnor,
end by unanlmous consent, Mr. Seu B.
IIer.L Ja, was dlowed to proceed for 2
addltlonal Etnut€s.)

Mr. I'AITNTROY. l[r. CbelraarU lt
the gentleman wlll yleld further, one
ol the realong for the ertabltshment
o, the Votlng R.lghts Act of 1005 w8s r
recoSnltlon ol the lact tbat the court
prooess ln tJre dl,etrtct coufts ?8a cun-
benome eud took r lont tlne. \trhlle t
rec4nlze thst ln tJre 8t8te of Texas
the cqurt ryst€E! may work very well,
but oertalnly one would not conslder r
ballout hnndled by r three'Judge court
ln Eumtcr, 8.C., lor elanple, whlclr
has been lrustretlng tJre etforte of the
Jugtlce Departnent lor l{ yearg Dos
to corect rn obvlour vlolrtlou of ttte
Votlng Iitghts Act" Tbat county took I
yeal.s, betwe€n 196? rnd l9?5, to
submlt a prcpced ctmge to Bt-luge
electlons to the Justlce Departmenl
Alter rubmlttlDa tbet chrnse to tlre
Jr.rstlce lreDarbent tn 1970, the Jug-
tlce Derrtnent hforoed tJre county
that ln.ltr vtew tJre drenga h fact vlo-
lated the rtshts ot people tn tbat
county to vote. flre county tlren llled
a Berles of three or four r.eguests for
reconclderiuoa of tbe dcclslon by the
Department of Justlce. T1rele detay'tng
tactlcs exteuded compllence sltJr Ure
Justlce Depertnent dlrecrtlvea by rev.
eral years or Eore. Flna,lly, tJre Justlce
Department took ttre couDty to tlre
Federal distrtct court, where a three,
Judge penel rules tJret beceuse tJre At,
totaey Geueral dld uot retunr one ol
the eevenel responses to the request
for wltJrdrawel of lte obJecilon wltJrln
the rcqulrcd 60 deys, tbat tbe coutrty
mlstrt continue trto r l{tb year, ttre
at larule rystem ol dlscrtmlnatlon
.sgglnst the cltlrens of tJrst county.' Ttre potnt ls that, whlle tJre need to
estsblish unlfora stsndarda ls lmpor-
tant, we must not e,lso forget that ttre
basic reason this Vothg Rlghts Act
was neoesaary was tJrst the Fedeml
dtstrlct court systems had failed to
edequately protect the rtghts of cltl-
zens ln the coverred Jurlsdlctions to
vote.

Mr. \PASEINGTON. Mr. Chatrman,
I move to strlke the requislte uumber
of words.

Mrs. COLLINS of Illinois. Mr. Chatr-
man, wlll the geDtlenxan yield?

chairman, ,"Yr1;*ffiHHr"J3* 
r vierd to the

CONGRESSIONAL RECORD _ HOUSE

(Mrs. COLIJNS of nrinols asked and
was glven permlsslon to reyise and
exteud her rnemarks.)

H 6955
Accordlng to the U.8. COmmlqslon

on ClvU Rlghts, there sttll erlsts todey
all klnds of votlng rlshB fbuses, DBr.tlcularly ln the rural rr€as ol tbe
country. It lr my bellel, horrever, thet
to permlt the Federel dtgtrtct court la
the Jurl,gdlctlonr aeeklng belout to
heer the cases would be to permlt
courts oomposd, ln mrny lngtrncee, of
lqtttl who woul4 bccsule ol locrl po.
lltlcal pressure& be r Uttle more ln
cllned to overlook dlrcrtnlnrilng prac.
tlceg cucb as gerrymaDderlns dlrtrtst
UDes, ssltchlns to et lrrrB clesflon8 or
multboember dhtrlcts to preveot lo
callzed blrck rr'{otlilee lrom ctecilDS
repreeeDtatlves, td lnllnlt'm.

I, therefore, urxle my colleaguea to
vote docm thls a,meudrnenL

Mr. LIrrGrN. Mr. Chekman, rlll the
gentleman yleld?

Mr. WASEINOTON. I yteld to tJre
geutleman from Ohlo.

(Mr. LIrI(E}I asked elrd sas glven
permissloD to revl,ee end ertend his re-
marks.)

l[r. LIrI(E{. Ur. Chatrmen, I rlse to
oppose thln trsssrrmeat that would
chenge Jurlcdlctlon of bellout sultl
from the U.8. Dlstrtct Court lor tlhe
DLgtrlct s1 f,llrrrnlla to the foca,l dts-
trlct courts tn tbe covered Jtrrla<ttcton

R€qulrlng ballout cases to be h6rd
by the Dlstrtct of Columble fnstrlct
Clrurt 18 Decessary to tnsure nrdfom
epplicatlon of the ballout sto,ndard, to
prcvent tocal polltlcs from lnlluenclng
the Judictal dsclslsnmctlng, rad to er-peditf the fudtclal declslonmaltng
prooess. Iu SozfJr Carclilto v. Eotzet
bdclt" 383 U.S. 301, 331-32 (tg66), the
Supreme Court uphel{ ttrfi urnrfsfl6a
of Jurlsdlctlon as an apprpprlatc exer-
cise of the constltutlonal autborlty ol
Congress to "ontaln an ectsbltgb', tnfe.
rior Federal trtbuna,ls (US. Coo.sfltu-
6on, article lII, sectlon l).

The efficacy of the bg,llout proviston
would be serlously hpalred lf Jurisdic.
tion were vested tn local dlstrict courts
and tbe tnterpretetions ol tJre legal
standards governlng bailout appUed tn
New York were different tJran those
applied tn Misslsslppl. Furthermore,
the voting rlghts cases flled ln the
southern dlstrict courts demonstrate
the need for the remedies provided tn
the a.ct. Rellef for the plqlndffs was
extremely dlfftcult, lf not tmpossible
to obtafur; numerous appeals wereJtec.
essary, even ln cases presenting the
most sourpelltng lacts. Tbls year,
stateBents before the Eouse Subcom-
mlttee on Civll and Consfitutional
Rlghts demonstrated thst this sttua-
tlon still extsts. 391 spmpl€, the Mis.
sissippl leedstatlve reapportionment
case, Connor aealnst Johnson" coniln-
ued for 1{ years, wlth nlne appeals to
the Supreme Court, before effeeflve
relief for the denlal of vottng rtshts
was obtained. Not only ls this syslem
lnefficient, but lt ls extremely- ttme
consuming,

Mr. ChalrmsrL for tbese reasons I
support ttle laneu8ge fo'rnd lD II.R.

ro

u

Mr. FAt NTROY. Certalrrly es t&e Mr& COLLINS of nllnolE. Mr. Chalr.
gentleEan knows, we are not dealfurg m8rt" I rise ln opposluon to thts
wlth questions of buslng. We are deal- a,mendment.
ing with questlons of votlng rtshts, The author of tbe rmendment
one of the most preclous rlghts we would have us believe that vesti:ng Ju-
have ln tbis country. risdiction ln ttre District of ColumUia.I would remind the genileman that Distrtct Court has served to eomehowthe resson for the passage of the weaken the equltable executiou of Jus.voting Rights Act ln the first lnstance tlce. Ee potnted out thet tn manv tn.
was th.at lgare dealing qrllb srrm!s1- stances, elecilon sfftstqrs and wroirged
sorne lltlgation. mlnorlties have had to travel 1,600The CITATRMAN. Ttre time of the miles to have their cases neara. trrrsgentleman has expired. has not lmpeded progxess.



I
I
x
4
I
i
i
a

H 6956 CONGRESSIONAL RECORD - HOUSE
8112 es rcported by the Eouse Judlcl. r alap ln the lace to thc Federal court
ary Commlttee. rygtem. Tttet t! drnply not true. I

Mr. \trAEEINO!ON. Mr. Chahman, thhk ell of us ln thlr mom have ad-I want to rlse ln opposltlon to the mlred the Judses throughout the yesnl
emendment, end ln dolng so ertend, ll lrr the southern courta who have atoodf may. the rether ctndtd remarke ol up lor what [g rlght. Bome have been
my dtstlngulshed lrlend lrom the Dls. gubJected to hsrassment and all tslnds
trlct of gstrrmlla. of ugly trcatment. ro tt ls not en tn.

There !re mlyr many- exemples ol dtctmint or r sleD rt the Judlclary
cases ln tJre local Fbderal court wilch 8yst E- It l,s nthtr because of thb
resulted ln verdlcts contrery to the complextty of the tsgues lnvolved thet
stsndsrds of the act rrrd contrary to I thlnt ttr-e commlttee has chosen very
the constltutlon ol the untted SFh, wtsely to leeve euthorlty rtth the DtiI thtnl we should Leep these ln front trlct df estrrmlts court.
of us, aot ln an acrlnonlous, vlindlctlve r thanx the genilema,n tor yteldtng.
eense, but to bc resliBtlc ln under. Mr, BITTLER" Mr. Chelrma,n, wlll
stsndtng thtt, to 3 lhvrlffi eilent, cer. ttre gentlemeu yteld?
trlnly the oourts reflect the locele tn llr. WABEINOTON. I yleld to the
wNcb tbey rr€ located" Thet ls e fact gentleman trom Vlrglnla, ye8.
ot llle end I do not thlnk we should Mr. BIIILER. I thank the gentle-
ahove ln under tbe rug. man for Yleldtng. I wlll not teke long,

There have been lny number ol but I do want to correct one of the
cases [r southera dl,strtct courts whlcb mlslnpresslons whlcb I tht* the gen-
lllustrate the dtfllsulty tn obtetnlng . tleman has. We are rensltlve to the ar-
rellef ln vottng rlshts Utlgatlon, even guments the lpntleman mekes. It8 va.
when the facts and the law weDe clear, Udlty Ls quesUonable, but tbe argu-
very clear. ment ls made by the gentlernarr and

Courts have, for exrrnple, unledul- the genilemen from the Dtstrtct of Co-
Ly spproved and ordered lnto elfect lumbta ebout the posslblltty of locel
electlon las changea to whlch the At- Judlclal preJudice.
tonrey Genenrl had obrect€d pursuant We thtnt we have met that a,rgu-
to secilon 5. In U-8. esElnst Board of ment ver? sell ln thlg blU by provtd-
Eupendsors of Warren County. Mlss., lnet, and I a,m guotlngl fipm the Butler
r 10?6 cese, r three-Judge dlstrlct a,mendment beforc us:
court ln tbe Boutrrern Dlstrtct of Mls- Tbe penel of ,udaes for such rctton lhall
slsstppl ordered lnto ellect a redlstrlct be select€d by tJre Chlel Judse ol ttre clr.
lag plan devlsed by tbe boerd of super- cult-
vlsors to'shlch the Department ol In Misslsslppl, thet would be ln At-
Jnstice bad obJected. lanta, and so fortb" selected by the

There are lnstances ln whlch elec- chlef Judge of the ctrcult ln whtch the
tion law chnnges subJect to sectlon 6 Judictal distrlct ls located end shall not
Irvlew srslp rrnl8qrlully rpproved even lnclude any of the Judges normally as-
thougb they had not been submltted sisaed to such Judlclal dlstrlct. 

-rhe
for precleenraee as rcqulred by the local Judlclal pressure wlll not be there
law. One guch case ls Connor aselnst because the local Judlclary would not
\[aller, a l0?5 case. There a three, be the onee heertng tbe cases, but the
Judge court ln the southern Distrlct of witnesses and the petiiloners and
Mississtppl approved and ordered lnto those who rould be burdeued with
effect a revlsed multlmember distrlct such tremendous expense of trlps toplan for tJre Etstp leglslature even Washlngton would be relieved of ttrat
though the revised plan had not been obligatlon" I thtnk we have met the
precleared by the Justlce Department genueman's obJecilon, but r do appre.
or the Dlstrict of columbia Distrlct ciate the genUeman's lnterest a^na con-Court. tribution.

We could go on end on wlth this, but
I stmply repeat the remarks of the dls-
tfuguished gentlemnn trom rlllnelg
(Mr. RerrssAcxr that ln UCht of the
edditionsl case load whlch sould be
browrht about by whet ls obvlously
end clearly I much more liberal ball-
out provlslon, I thtnt the situation dlc-
tetes that we do stress that there be
uniformlty a.nd that we do go to that
court that b.as a r,epository and a hls.
tory of havlng dealt s'lth these kinG
of cases. Anythins less than thst wiU
create e legnl Jnngle BDd I guagmire,
So I nm OppOsed to the Bmgndmsnt.

Mr. MITCIIEI.IJ of Maryla.nd. Mr.
Chalrman, wlll the gentlema^n yield?

Mr. WA.SEINOTON. I yleld to the
gentleman from Maryla^nd.

Mr. MmCHELL.of Marylsnd. Mr.
Chalrman" I ai{pl} wanted to make
one obsen'ation to my colleague, the
gentleman from Texas (Mr. Sarr B.
Har.r., Jn.), who said that thts would be

Mr. WASEINGTON. \Pell, I do not
thlnk lt has been qulte met. I would
not E8y lt was a possibiUty; I would say
to the distlnguished geutlemsn from
Virgtda lt ls I disttrct probabillty that
such cases of crass vlolatlon of stand-
erds set dowu by the act Bnd by the
Constltutlon wtU be contlnued. It ts
unfortun&t€. It ls a testy subJect. It is
I knotty subJect. It ls a dlstasteful sub-
Ject, but lt ls a fact of life. It l,s not a
possibllity. It ts e disttnct probablllty.

The CIIAIRMAN. The tlme of the
gentlenan from Illlnols has explred.

(By unanimous consent, Mr. Wesn-
rrrcrolr was allowed to proceed for 1
addltional minute.)

Mr. EDWARDS of Californla. Mr.
Chairman, triU the gentleman yield?

Mr. \ilASIIINGTON. I yield to the
disti:ngulshed gentleman.

Mr. EDWARDS of California. Mr.
Chairman, I thank the gentleman for
yielding.

&nfur 5, 1981

I thlnk lt ls e,lso very lnportant to
Dolnt out that we expcct, Bnd I thlnk
everyone expects, these ballout ruttr
to be reletlvely fiee lrom long lltlge-
tlon, that a eleen record tor e perlod
of l0 years wlll entttle thls Jurlsdlcilon
to 8 ballout.

The Justlee Department end the
Unlted Etates, of course, bebrg the de-
fendant, the Justlce DepBrtnent wlU
lrvestl8iste the cases. Ttrere wlU be
very Uttle lltlgatlon ectusUy ln Wash.
lngton. Over half the cases on ballout
already were declded by consent
decree. f an sure tbat thls wlII happen
olten under the new batlout provlslon
tn thls bUL

I thBnE the gentleme,n for yleldlnet.
Mr. KINDNESSi. Mr. Cha[:nan, I

Eove to etrlte the requlslte nunber of
wordg.

Mr. Chetrman" I rm concetred thut
sometlmeg when we eet out to do good
we end up by not {slng well. f rrr con-
cerned that tJret l,s exactly tbe dlrec-
tlon ln whlch we are headlng wlth the
provlslon tn tlre comrnltte€ verslon of
the blll whlcb would retatn tbe Jurts-
dlctlon ln the U.Ei. Dl,strlct Court for
the Dlstrtct of Colrrrnbla for ttre deter-
mlnetlon ol these ballout cases. There
could be qulte g number of Buch cases.

I reSret that tJre chalinan of ttre
Eubcornrnltt€e bas hed to ebsent hlm-
self momentarlly lrom ttre Chamber.
Ead he Dot done eo, I dld want to ask"
and the gentlemnn ls rctumlng down
the nl*le, I had wanted to ask whether
there ls Bn nn*wer evellable rs to the
number of cases tJrat mlght be ln-
volved ln these several years ahead ol
Jurlsdlctlons epplytng for ballout; that
ls, for the declaratory Judement.

Is lt comect that there ls e potential
of Bomewhere Bround 2,300 ruch cases?

I would yleld to the gentleman.
Mr. EDWAIIDS ol Callfornla. No.

There ere close to 9OO countles tur the
covered Jurtsdicttons. The best flgure
that we have, lf ttre gentleman from
OhIo wlU ylel4 ls that ebout 25 per-
cent of those countles would be eligl.
ble to apply for bellout by the tlme
the law becomes effectlve, whleh ls ln
1984. These ftrst cases should be rele-
tlvely simple, as they lnvolve JurMic.
tlons wlth tnsienftcsnt mlnorlty popu-
latioru or Jurlsdictions whlch have
none of the obJectlve atsqualifying fec-
tors contalned in the bill.

Also, the district court here ln the
District of Col rmbla has one of the
very best records tn the country for
not havtxgt a backlog and for moving
through lts docket promptly.

Mr. ISNDNESSi. I did seek to com.
ment on - that Judgmental aspect
myself, but I was wonderlng how
many ceses could we be talklng about?

Mr. EDWARDS of Callfornl&. About
200 cases.

Mr. KINDNE$S. About 200 cases?
Mr. EDWARDS of Californta. About

200 cases.
Mr. IilNDNBSS. There are about

2,300 or so Jurisdictions that are in-
volved, thouch; ls that correct?

ft\



1/\, 
LI

Octofur 5, 1981

Mr. EDWARDS ol Callfornla. No.
There are close to 900 countles ln'
Yolved.

Mr. ICNDNESEI. Countles?
Mr. EDWARDS of Callfornla. Yes.
Mr. KINDNE$S. In addltlon to the

Etates, there are approxlmately 000
countles?

Mr. EE WARDS of Callfomla. Yes.
Nlne Btates are fully covered.

Mr. KINDNESS!. So we have a po-
tentlal for qulte a number of coses to
be consldered.

I want to thsnk the gentlemalr very
much lor that lnformatlon.

I have not practlced law ln the var-
lous U.S. dlstrlct courts around the
country whlch cover the area of the
Jurlsdlctlons that Bre lnvolved under
the preclearence provlslong of the
Votlng Rlghts Act. I have practlced
law ln tbe US. Dlstrlct Court for the
Dtstrlct ol Columbla. Ttrat experlence
has not enabled Ee to Bttrtbute to the
U.S. Dlstrlct Court for the Dlstrlet of
Columble any of the exceptlonel quall-
tles that rnlght be ascrlbed to s court
thgt bad nothlng but the very best
Judges end aU the rest were bad. It
6sfi,nlnly has not caused me to feel
that the U-S. Distrlct Court lor the
Dlstrlct ol Columbta ls any less able
tJran any otJrer dlstrlct court.

I thlnk se are engBghrg ln" not loglq
but somethlng else ln srgulng thls
questlon tbat ls before us. Time after
tlme the Eouse of Representatlves has
voted ln other types of ca.ses to allow
litlsation to be conducted ln other
places ln ttre FederBl court system
tgther tha.n concentratlng cases ln tbe
U.S. dlstrtct court. I think tt ls appro-
prlate thet we have done that ln other
cases. Il we could peel away the un-
usual eura of conslderation about thls
blll and look at the question of where
tbe ceses owht to be Utigate4 I thlnk
we wlll reach the conclusion that lt
ought to be dispersed.

Mr. GLICEMAN. Mr. Chairman,
wlll my coUeaeue yield?

Mr. ICNDNESSi. I yleld to the gen-
tleman from K.ansas.

Mr. GLICI(MAN. I suppose rny oon-
cern ls ttrl,s. Rea,lizins tJrat voting
rlghts has a speclal status ln the aura
of the Constltutlon and we have been
operatlng under a procedure for l7
years whereby the Dlstrtct of Colum-
bia court has had primsry Jurisdictlon
Ln preclearance cases, a^nd as fa,r as Irn awa,ne lt has worked reasonably
well, what l,s the compelltyrg rsasen to
change lt now? I mean" would that not
tn effect perhaps ln a negatlve wey
effect the enforcement of vottng
rtshts cases? Wtry change tt tf lt ls
worktngi? Why flx lt?

Mr. KINDNESS. I would polnt out
to the gentlenan that of the 24 cases
of ballout up to now under the 1965
act, 18 of them are counties of the
State of Malne. There ls a good reasoD
rlght tJrere, lf the gentlemnn needs
any better FeasoD than that; let us
apply lt &eoletically to the State of
I(ansas. If the gentleman's constltuen-
cy had the extraordturary burden of

CONGRESSIONAL RECORD - HOUSE
havlng to Utlgate t matter euch as
thts_

Ttte CIIAIRMAN. Ttle tlme of the
genUemen lrom Ohlo has explred.

(By una,nlmous consent, Mr. Krro-
trras waa allowed to proceed lor 2 addl-
tlonal mlnuteg.)

Mr. KINDNESII. It would be obvtous
then ln lomewhat more parochlal
terrns that that ls en unJustlfled phys-
lcal burden, whlch l,g true and unJust
ln lots ol other types of lltlgatlon as
well.

' tr l4{5
Il we look at lt ln the context of that

general conslderatlon, I thlnk one calr
8ee that lt l,s deslreble uot Just to have
the Utlgatlon ooncentrated ln one
court.

Mr. SEIBERIJNG. Mr. ChalrmarU
wlll tbe gentleman yleld?

Mr. KINDNESST. I yleld to the gen-
tleman from Ohlo.

Mr. SEIBERIJNO. Well" I thtnk the
gentleman ls maklng a very loglcal er-
grrment, but I thhk lt [s 8l8o lmpor-
tqnt to note for the record, so that ev-
erybody understand.s, ttr8t ttrere are
only ntne Ststes as sucb thst are el-
reedy tnvolved ln these preclearance
provlslons, and e Etate can come ln
8nd epply for r ballout of t}re State
and all ol the govenrmentel unlts
wtthln tlre State. Ao thst, trom a
rtrlctly theorctlcal gtandpotnt, one can
dispqse of all of them urltb only nl:re
auits ln the Dlstrlct of Columbla-

Mr. EINDNESS. I crtU polnt out to
the gentleman tJrat there l,s another
controversy lnvolved ln thts blll, end tt
would appear tJret the Stetes cannot
do wbat the geDtleman describes
unless every county rlthln thst
State-

Mr. SEIBEII,IJNG. Correct; but nev-
ertheless lt ls posstble

Mr. KINDNESS. Anythlns ts possi-
ble, my dear frlend.

Mr. SAM B. EAIJl JR. Mr. Chglr-
man" w[l the epntleman yleld?

Mr. KINDNBSS. I yield to the sen-
tleman from Texas.

Mr. SAM B. EAI& JR. Mr. Chalr-
rne-n, I wOuld lite t9 rnrks One Oom.
ment wlttr refercnce to what the gen-
tleman from Kansas s&id about oper-
ating ttrls way for e Sreat number of
years. I recall the case styled Plessy
eenlnst Fbrguson- We operated errone-
ously under that case untll 1954, but
when lt sqms f,lms to change, the
change was made as lt should have
been. So, Just because we have been
operatlng under thlg for a number of
years does not mean, ln my oplnlon,
we cannot change lt for the bettcr.

Mr. EYDE. Mr. Chalrman" will the
gentleman yleld?

Mr. I(INDNESSI. I yteld to the gen-
tleman from llllnol,s.

l[r. EYDE Mr. Chalrman, to answer
my frlend from Kensas, \pe are talklns
about c new ball giame now. This ls e
new procedure. fhls bailout has a lot
more lssues than the old ballout,
wblch only asked did they not use ryr
tllegal test or devlce.

H 6957
Mr, CONYERS. Mr. Chalrmen, I

move to strlke the requlstte number of
words, and I rlse tn opposltlon to the
ortoendment.

(Mr. CONYERS asked and was glven
permlsslon to revlse and extend hl8 re-
marks.)

Mr. CONYER^S. Mr. Chalrman. this
ls not e Ught matt€r, snd I would like
to Just rrcall some of the wltness t€stl-
mony trom the man who may be more
experlenced ln thts area then anyone
else, the forrner A8slstant Attorney
General ol the Unlted Ststes, Drew
Days, who was charged wlth thls ed-
mlnlstratlon. IIe sald:

Make no Elstake rbout lL My experlence
e! Asslstr,nt Attorney Genenal tell! Ee thBt
lhlfttng rur{sdlctlon ftlb the Elbtrlct of Co-
lumbla to the lel dlstrlct court Tould Dot
be 8 dnply jurlsdicttonal modlflcatlou lt
would be Er,or undolng of an c68entlal part
ol the corureosloni.l lcheme tlut has helped
Eake the Votlng Rlghtr Ac0 !s elfecuve.s
It h8s beeD.

I lmplore you to consider carefully
the results of chanedng the Jurl,sdtc-
tlon for ballout sult e,t thls polnt.

Now, there ls a bit of lrony that we
need labor over thls so long, because
what we hsve done ln wbct I conslder
ln an act of unusual generoslty on the
part ol the subc"omnlttee ls thgt we
have added an addlttonal ballout pm-
cedure to tlre Vothg Rlgbtr Act ol
1965. For u8 now to come a,nd rsy e8 a
condldon of turther Uberalzatlng ba[-
out, whlch wlll allow for tJre irst Ume
countles to ball out se;nrate from
States, lre aae Dow go[rg to change the
,urLsdlctloD lrom whlch baUout would
occur, would be absolutely unthlnE-
able-absolutely unthlnkable.

Another polnt about the subcommlh
tee heartn6, the wltnesses, many ol
them from the South, who testilied
lor the extenslon of the Votlag Rishts
Act made no complelnt agatnst the lo-
cation of the court-no complnlnt at
all. I suggest to tJte Members tXnt
there was B reason for thts. Tlrere i,s
very little lnconvenience because, as
those who know how thls law ts ad-
mtnlst€1B1t wiu agfee. For the most
part, deposttlons are taken at the locus
of the applicatlon for bailout. ThlE ls
not a regular trlgl wtth wltnesses
s{,1sqmlng ln and out, es occurs ln
other cases. There are very lew wit
nesses other thrn those legal reple-
sentatives of the Jurl,sdictlons seeklng
bailout.

Now, I thlnt thst we need to consld.
er what aomeone fllsmlss€d as the un-
usual aura ebout this blll, because as
we debate ltr l08l the lmportance of
extendlng the Votlog Rlghts Act,
where there are hundreds of Jurlsdic.
tlons out of compllance rlght et thls
moment-out of compliance beceuse
they have not voluntarlly submttted
evidence of cha,nep as ls requlred-a
fact frequently not even found out
until they epply for bellout, we wlll be
moving backward from the modest
progress that has been made. Yes: we
need to locate and contlnue the loca-
tion of the dectsions ln the Distrlct of

(c

U



H 6958
Colunblr court becruse lf we do mt
re wlU be spreediag tJrls ot=r l{ dls.
trtct courts throughout the lrnd I srD
not demeantng these Judge rbtllty to
dedde ttrele cases: no, therc b nothtng
meglc about them, but lt vrs the way
we ln our wlsdom lntttally determtned
that thts law would be admhrlstered
because of the unusuel Brture ol the
caser Nrmdy, bow do ve lD 1981 Drke
tlre 15tI enendment uork?

For reuoos of erpedlUousncss end
t.nlfela{ty, witiout &reaniug llry
Judge enywher€, we qy Pe brve to
locete ttrte decisions lnd the ppeals ln
one place.5o, please do not think thst
thls ls some ca.reless or Eodest anend-
nent that ls here befce ua Thls
Erendment vould lut tbc YoUnS
Ri8bts Extemlon Act of 1081. Any
chenge mt cont opbled rtthout
3re8t car€ tn tJte rubcqualttee nor tn
the full commtttee, bnt nerely by us
walktng on the floor and rll of r
sudden, after l7 years saying, -Th&nk
tou, dldrlct Judges, re rre nor gotng
to let Oil dfferent courts tr the United
States ol America handle this," rould
be absolutely unthlnkable.

The CEAIRMAN. Ttt€ time of t}te
gentleman from Hietrtgnn has explred(By rmanlmors eonsent, Mr. @r-
yras rs rllored to procced for t addi-
tlonal mlnute.)

Mr. EDWA.RDS of Crlforalr Mr.
Cbrirn ,D, rill the scntl@.n fleld?

I{r. C0lffERS, I ttld to my cbair-
nanr.

Mr. EDWAR,DS of Citilorola" Mr.
Chstrorn, I wrnt to rry th.t I rgree
rholehelrtcdly rtth rhat tbe gpntle'
mn lru lichisa.rt hg str.ted- Tbfs l.r
e devastlhg amenrlynrnL end lt goes A
lon8l says tornrd dolng great &"mage
to the Votlng Rights Act. It l,e generel-
b steted that the Votlns: Rishts Act t8
t&e most ruccessfuf civll rigbts bin b
our hixtory, end lt ls" go'trcrer, rs the
gentleman lrom Mtrcbtsa Xlints out,
todry re ere adding a ballout, e liberal
bailout provtsion to dlor clean ,urie
dictims to ercape from the Vorlng
Rights Ast. It wouH be f greft st€p
hckr'ard to a,ept thir frtlculsr
trrtendoent.

Mr. COIIYERS. I urse s "D" vot€
On the gggxrrlr€nt

Mr. KINDNESS. Mr. Cbriruan, will
tbe geotleman yield?

Mr. COlffER.S. Of course.
Mr. KINDXESS. Iz underCood the

gentlema^n lrom Michigan to quote r
former AsEistrnt Attoroey Genenl,
Drew Days. Is mt tbe ted,imony refer-
riug to cbrndDC tJre lurtdictton bom
tJne US. Di$rict Court for the District
of Columbia to lh^ lcal dbtrH, oourts
rather thrn referring to the rmenG
ment offered by the gentl*ynra from
Virsiniu. tnvotying thrce Jtxlse courts
tJrat are selected with none of the dis-
trict court Ju@ea being trom tbe turis-
dic"tion tJret is involved? Wqrld tJre
gentlerun cue tflclrify t.het that is r
different mrrtt€r dn rhich Drev Days
wes testifylng?

Mr. CONYERS. No; the former At-
torney General was very well aware of

CONGRESSIONAT RECORD - HOUSE
r posslb[ity t&et se mlght change
where we hear these cases, and rrbeth-
cr thc Judces should be membere of
the dlstrtct court ol the Dbtrlct of Co-
lumbta. I do Dot thtnk tbat he ras
peaklng rbut f dlflerent propaltlon
at ell.

llr. I(INDI{ESS. IIe rrs not aperk-
bs rbout ttre fopcltioo that !t
beforc u. tod&y.

ldr. COilYERS. No; be wrs eperklng
rSatxt rny chen3e rhatso'e9er ln the
successful dlsposition of the locuc of
the courts for all of these years.

The CIIAIRMA-f,. The tl.me of the
tentleoen lrm lltchEan brs fcsin
cxplred-

(At the recucst of Ir. Errnr. end
by unenlmus cmmt, llr. Cqrras
was allowed to proceed for 2 additloual
EtDute!")

Mr. TIERTEL llr. Chrtrman, wlll
the gentlernn yleld?

Mr. COlffER.S. Of dourse.
lf,r. EERTEL Mr. Chairman, I eom-

nend Ure gpntlem.an fron Xlchigan-
lf,y eolleaeue from Mlehtnu bas
pointcd out thrt the dlBtrtct court has
been doiDs rn excellent job, thet there
l8 no reasou to chsnge 

"sE€thtn: 
U lt

b not brokc, shy lb( lt? Tbet ras
dstcd belore. There reens to have
bcen soe sperslous ca$ oa tbc ds-
trtci court rs to ttre &clCoDs thrt
the, brve nede. It bs co'h. to qy eL
tcatloa thri cer the 1? yeera tbe di+
trlct court bas nerer been overnrled-
never qroe beeo orcruled m these
questiom. ID h.t, tt I debetr,ble as to
vbetJrer there blve ben any eppeds
ton the dstrlct mt decl&oa on
tbe bdlouL 8o, I do mt -c tbe need
tor t&e emeodrncut ft dI, or lor fur-
ttrrer dlrrrssl,on of lt, rcally.

l[t. BIIILER. Mr. Chalrmag lf trc
greotleman vould ylel4 I Eet to be
sure the gentlenrD understaode-

Mr. CONYERS. Wqrld the geotle-
Ean stat€ his polrt?

Mr. BIIILER- I was preperlng to. I
want to be cure the gentleman under-
Etands thet we do not by thtq rmed-
ment disturb the lurbdction ol tJre
distrlct coqrt as an etteraattve to rd-
rn in rrf ,latlyg preclerranCe.

Ml. COlffERS. We undcrstaod
that.

Ur. BIIILER. 1 +}.qnk ttr 3rafle_
I}lqrl

Xr. CQlrfERS. I YIU point out to
4y eollereue, mbody erer goes
thrprrgh preclearence by Soing t,o
court !s the lllembers ell knos, be-
cruse they Cet tt ln almct everT clse
by rrlting t}le letter to tb€ Attomey
General tn the Ciril Risbts Divlslo-

Mr. RODINO. Mr. Cluirmeo" wiD
the gentle'nrn yield?

Mr. CONYB,S. I flefd to tJre gentle.
r-En from New Jersey.

Mr. RODINO. l[r. Chairman, I
ttranl, tJre gentleman for ylelding. I
vould really like to state we cqnnot
question the sincerity of tJre Member
sho offers ttris rwrenrtment, but lt
seems to me es one who enelged in
this debate a long ttne a8ro, one of the
principal arguments tJrat rras made by

@tofur 5, 1981

those who werc eda,rrra,ntly opposed to
tJre adoptlon of rny clvll rlgbtr lesl,sla-
tlon, especially votlng rlghts, rlg to
place the Juriedietlon ol the courts
outslde of tJre Dlstrlct of Colunbir

Mr. CDIiTYERS, It vould be the
helght o( folly. my colleaguee for us to
conslder an additlonal llbereltsrtlon of
the bellout provldon, end rt the Earne
tlme even contemDlate cheng:lng tbe
D.C. courtl u the place tlte ballouts
rould be heard.

Mr. JENKINS. Mr. Chalruran, I
move to strlke the requlslte numbers
of rords, end I rlse lD support of the
a^rnenfuent.

(ltl'r. JENI(INSi aslred ud was given
permissloD to rrvlse end ext€nd hls re-
markE-)

llr. JENI(INS. Mr. Chelrmrn, I rise
lu rupport ol tbe enendmenL I have
beard t&e Brgumeata. Maybe my dis-
trict b r Uttle rnlqu€ but I want to
point out to t.be Chalrman and to
!{ern[s3 of tJre Eouse aome facts tlat
Eay Dot be eppliceble to every district.

l4v &rlct ln tIe Dorthet! part of
Geqgio bas rtsays beeu under tJre
p.ovldou ef thlr rct, gince 1060. Yet,
c{eht of ny countlea do mt bave e
Cnele Etnorlty member ln tbe popule-
tion. Now, you tcll us t&ot te hrvre eD
opportElty to bfll ort, that you have
really Ubera.Uzed thls. AU rlgbt, t!8t ls
YeU eDd good. Tlrst ls eroellent, but at
ttre sa,me time you rre saylng that my
poofte, who sbould have Dd been
under the ert lD tbc first place, have
to come to the .tstrlct court ln t&e
Dh,rlct of Oolunbi8 to rpply to bstlqrt fipm rn rst that they gbould not
hsve been under tr the first place.

Itow, I concede that many States
chotrld have been mder lt, and we are
nnder lt because our eatlre State ls
uoder lt. I fully uDderstand that, but
what you are really saytrg to me ls
tlrat one of my ltttle countles, rhlch
does not even have a county attorney,
wlth only 5,000 people, tJrey have to
employ aD attorney to file an rctloD to
ball out, wheD they should Bot hr,ve
been tsrduded Enyray, and they have
to cqme to tbe Dtstrtct 61 gslr,rnlta to
do it.

Mr. CONfER"S. Mr. Chalrmsn, vIII
tbe gentlernAn yield?

Mr. JENKINS. I rilt be happy to
neld.

Mr. COIIYERS. I a.m glad the gen-
tleman browlht thir example to tbe
att€nuon of everyone. Therc uie B
Dumb€r of districts-end ttre gentle-
ma^n's State contalns some-ln whicb
tbey are eligible for beilout and have
never sought to &pply? Why? Because
ttrere is no qrerous requlnements
placed bn them, whether tJrey are tn
rr out, as long as tlury ere comply-
rng with the law wlth reglrd to voter
rights changes" snDexatbD, end redis-
tricting. So, thete b very 3ood likeli-
hood that ln tJre exa.rnple tbe Spntle.
mao citcs, tbere wlll never be I nece6-
rity for 8r\ybo(y to ever determlne
tlrat tbey should ball out because tJrey

I

A
v



Octobr 5, 1981

ar€ not experlenclng a'ny

CONGRESSIONAL RECORD - HOUSE
ln these dtstrlct courts, whether they
be trx Mtrstsslppl or Oeorgta or any'
where else. the Justlce Department
has the rlght to appeal those mstters'

Mr. COMIERS. Mr. Chalrman' Just
brtefly, lf the Sentleman wtll yleld fui'
ther, I want to commend hlm because,
es an sttorney for his county, he dld
&ttempt to preclesr' That ls more than
a lot of them are dolng.

Mr. JENKINS. We trY to comply
wtth the law.

The CIIAIRMAN. The ttme of the
gentleman from Georgla (Mr. JPrv-
KrNs) has expired.

(On request of Mr. Eowenos of Call'
fornia, and by unanlmous consent, Mr.
Jparxnrs was allowed to proceed for 1

addltlonal mtnute.)
Mr. EDWABDS of Callfornla. Mr.

Chairman, wlll the gentleman yleld?
Mr. JENI(NS. I am haPPY to Yteld

to the gentleman from Callfornla.
Mr. EDWARDS of Callfornla. Mr.

Chairman, I wtsh to Point out to the
gentleman from Georgia that thts bal-
lout ls particlrlarly desiSned to help
and relleve those counties such a.s the
ones the gentleman represents from
the preclearence requlrements. Under
current law. they cannot ball out.'

Mr. JENIilNS. That ts rtsht.
Mr. @WARDS of Caltfornia. Under

II.R. 3112 they can bail out. So I
should thlnk that the gentleman
would support thts with enthusiasm.

Mr. JENIGNS. Mr. Chairman' I aP'
preciate the subcommlttee chairman's
doing that, but what the law now Pro'
vides ls that ln 2 more Years we catr
then bail out of something we never
should have been in ln the first place.

Mr. EDWARD'S of CaliJornia. Under
the old law they could not ball out at
Bll.

Mr. FLIPPO. Mr. Chairma.ru will the
Sentlema.n yleld?- Mr. JENICNS. I yield to the gentle-
man from Alabama.

Mr. FITIPPO. Mr. Chalrman, I would
like to ask the gentleman, slnce we are
talking about bailing out ln his areas'
this question: Suppose someone files e
suit against the gentleman's counties
now. Now, ts that very expensive, does
the gentleman know?

Can the gentlema,n tell me what it
costs to file a suit tn the district
county egainst his county to block his
opportunity to beil out?

The CIIAIRMAN. The time of the
gentleman from Georgta (Mr. JE{'
ErNs) has again expired.

(On request of Mr' I'lrrPo, and bY
unanimous consent, Mr. Jsxxrxs was
allowed to proceed for 2 additional
minutes.)

Mr. FLIPPO. Mr. Chairma,n, can the
gentleman &nswer me as to what lt
costs to file a suit tn the district court
that would block his counties from
coming out from under this law?

Mr. JENKINS. Well, I do not know
the answer.

Mr. FLIPPO. Perhaps we could ask
the chairman of the subcommlttee.

Mr. JENI(INS. I think the attorney
fees would be the big ltem, and obvi'

H 6959

ously we csnnot s8y whot those would
be.

Mr. FLIPPO. I! lt Posslble that
someone could ftle I lult 8nd block the
gentleman's countles lrom comlng
out?

Mr. JENICNS. I would asgume theY
could. But I slmply went to sey that I
do not went to be construed as attack'
lng the Vottng Rtghts Aet ln and of
Itself. I am slmply Eaybrg that ln my
distrlct, where we have 6 percent mi'
norltles ln the entlre distrlct, lncluding
Indians, a,nd where I hsve elght coun'
ties that have no mlnorltles of a.ny
klnd, we ehould not be covered bY the
act. Yet we have h8d to comply with
those provislons.

I apprectate the fact that the sub'
commlttee chalrman has wrltten lnto
these arnendments an eacape hatch' r
would slmply hope thst they would
permit us to 8o lnto I dlstrlct court ln
Georgla and not have to make the trlp
all the way to \Meshlncton to get out
of whet we ehould never have been
under ln the first Place.

Mr. CONYER.S. Mr. Chairman, will
the gentleman yield Just one more
time?

Mr. JEf,{KINS. I yleld to the gentle'
man fnom Michigan.

Mr. CONYER.S. Mr. Chslrman, I aP'
preciate the gentleman's yleldiDg

I thtnk lt ts tmportant that the gen'
tleman understa,nd, slong wlth our col'
leagues, what we are dolng here. We
8re reooginizlng the need for s ballout
about whlch the gentlema,n ls bitterly
complalnlng.

Mr. JENIilNS. \[ould the gentle'
man agree with me thst we should not
be under lt?

Mr. CONYERS. Mr. Chalrman' I
have no ldea what the drcunstances
are.

All I a,rn polntlng out to my friend is
that iI he wants this Ubera,l bailout, we
have got to keep the eourt Jurlsdiction
that controts it where lt has been since
the sreation of this law and which has
treen sanctioned bY the Supreme
Court time and time Egain.

Let us not get carried away on the
floor by eny particular lssues concern'
tng one fumtance or two lnstances.
What I an saying to the gentleman is
th8t a major hi,storic change has been
wrought ln bipartisa^n fashion bv the
members of this commlttee, a.nd the
gentleman's counties can now come
out, and they never could have done
that before now.

The CIIAIRMAN. The time of the
gentleman from Georgia (Mr. JEN'
xrNs) has expired.

Mr. LIINGREN. Mr. Chatrman, I
move to strlke the requisite nurnber of
words.(Mr. LIINGREN asked and was
given permission to revise and extend
his remarks.) -

Mr. LIINGREN. Mr. Chalrman, I
rise tn support of this amendment.

Before I speak speciflcally to the de-
tails of the amendment, I have some
thoughts about whether tn fact what

dlfflcultles

ir

It

t
under the rct.- ui..rgffrNs. Yes; thev ere. Let me
explaln to the Sentleman that there
ari rersons, because every tlme they
commence io change e polling place'
or every tlme they be8[n to go from a
paper ballot to a machtne ballot' they
irave to comply wlth the provisions of
thts act. They should not have had to
but they do.

rvrr. ioNreRS. Mr. Chalrman, wlll
the gentleman Yield further?

M;. JENKINS. r wlll be haPPY to.
Mr. CONYERS. The gentleman ls

ta,lkinC about the requiremeni of pre'
clearanee, not bailout.

Mr. JENIiINS. I understend the dif-
ference.

Mr. CONYERS. In Preclearance You
do not have to go lnto court. Very few
have ever gone lnto court. All you do
ls writ€ a letter to the Attorney Gen'
eral. [Ie wrltcs you a letter beck' and
he has the power to object or to cle&r
you.- That ts why we have such an expe-
ditett and YPry wonderful working
Eystem.-Mr. JEDII(INS. Mr. Chainnen. let
me reclaim mY tlme and tell the gen'
tlemsn why I know better.

As a county Bttorney of one of these
Itttle counties, I wrote a 60-day letter
to get the clearance before an election.
I never did hear from the Attorney
General. so I had to come uP here and
walk it through myself, for no reason
at aU.

There are no minorities there; there
&re no questions of voting rights' I un-
derstand the burden because I have
been there.

Mr. IIYDE. Mr. Cheirma.n' will the
gentlema.n yleld?- Mr. JEhII(INS. I yield to the gentle'
man from lllinois.

Mr. EYDE. Mr. Chairman, I would
like to brtng to the attention of mY
friend, the gentleman from Michigan
(Mr. CorsrsRs), the ca.se of the city of
Rome. Georgia against the United
States, where the Supreme Court held
that a Jurisdiction cannot get out 60
long as tts State is covered. As long as
the State is ln, theY are ln; even
though they are clean, even though
they have tived up to the law, they are
ln because the State is in.

By the way, that cost the eitY of
Rome, Ga., $2 million in attorney's
fees. So that should be borne ln mind.

Mr. JENKINS. Mr. Chairman, I
simply want to say that I understand
the reasons for the Voting Rights Act.
But my prirticular area is an area that
really should not have been under the
&ct, any more 6tl than North Dakota or
Minnesote. But now, You are saytrg
that in order for me to bail out mY
counties, to bail out from the provi'
sions of 8n Bct that really should not
have covered them; because You aay-

- my district court judges do not have
the abilittzx tre inteertty to construe
the 15th Brnendment, I have to come
to the D.C. court. Furthermore, I
would assume that lf there are abuses

,al



I

t.

II 6960
we are dolng here ts reelly of eny lm-
portanee. I happen to beliet'e very
strongly that this extearsion b neces.
sar}'. but I also think thrt re ls Mem-
bers of the House have every right to
expect that we would conslder the
eetual detatls of lhe vehicle before us.

I must say that lt ls rmeuhat dis-
maying to be on the floor end talk to
some Members who say, 'Well, we
ihint on the merlts you rre @rrect on
this smendrnent. but I am rlready
eommitt.ed to e local group in my area
that told me that any amen&nent I
might vot€ for would be guttins the
Voting Rights AcL r,rrd rny possible
amendment that pould be presented
would somehow be agelnst civil rights
or votlng rtghts"

The reason ft is disrrraying to me is
because as someon€ rho wrs a practic-
lng attorney, I elways felt that even
though I sometimes had r hearry
burden to clBrry when I rent into
court, et least I had the feeling that
the Jury was golng to listen to me.

Standing on the floor here on the
last amendment, I was hearing that
people should not rea[y esk what the
amendment was all about they should
Just hear the name of the Bponsor;
they should not ask what lt ls ebout
because every single amendment will
somehow gut the act, and they reatly
ought not to worry about thls because
a particular Eroup has suggested they
ought to vote this ray or that wlry.

Thls reminded me very much ol
s/ome of the comments from some of
the Members on the other side of the
aisle when we discussed rnother
matter last week thst hed to do with
home rule. At that time we were told,
and, I thlnk, told corectty, that we
ought to conslder tJle facts of the
proposltlon before us and not be over-
come by emotional and noral black-
mail, lf you wiII" and that we ought
not to Just r:spond merely beceuse
someone has said, "I rm the Moral
Mqiority" or "I am the civil rights
com.mudty. and, therefore, everyttrrlngI say is correct." The impUcation ls
that "if you darc vote again^t me, you
will be lmmoral or you rilt be scainst
voting rights""

I would suggest that this emend-
ment ls extremely enrcial in the con-
sideration of this overrll biil. It i,s not
a throwawaY nmendrnent. It k sD im-
portant amendrneot, and re ouCht to
look at the emendment for rhat tt
does and for *'hat it does not do.

There hes been tbe sugerestion herethst ssnehow by adoptiDs thb
amendment sre ere SoinC to t€ar the
guts out of the Jurit;diiion that has
been given to the District Cotrrt for
the District of Columbia. That b not
true. At the preselrt time there ls e
bailout provision. but tn effect it is r
nonusable bailout provision.

There bave been ?l Jurisdictions
that h!,ve a0te$Dtad to use it in the
Iast number oflears it ha.s beea tn ex-
istence, lE of them from I State-the
State of Malne.

CONGRESSIONAL RECORD - HOUSE
We are talting about e new bailout

prorislon that has nen eriterlr. As r
matter of fact, I have heerd lt said
that we have liberalized the rules
here.. It ls true that under this tlill
eounties and other Jurtsdictions that
are rithin r covered State rould have
the opportunity to ball out, and t,het ts
e liberalizaUon. But a very lmportan[
point on thls ought to be ralsed here
concerning the ballout bfll that we cre-
ated in the committee. In the new ball-
out concept. there Ls an addiUonal crl-
terls t.bt does not exist tn present law
and makes lt tougher for thoee turis-
dictions that Bre presently covered to
giet out from under. That r<Hltional
requirement ls thrt they ruust shov
that they have taken con$,nrctive ef-
forts tD some ray to funcrease partki-
patl,on by mlnorlties. There is nothing
h the pnesent lar thst requlres tlrrt.

When this law ras originally passed.
certatn prectices were. ln e sen6e,
lrandfathered h. If they were not
cpecified tests or devices, they were
stiU allowed, eeen tf they had the
effect of diluting full minority parilci-
Ftlon.

This bailout now requires that they
look tnto those Jurlsdictiors to see iI
they have eliminated some of thce
practices which htve not previously
been consldered unlawful and see lt
they have taken constructlve efforts.

So we are talking about a new b&ll
Sarne; we are talking ebout nes crite-
ria.

With respect to the question of pre
clearance as it exists and as lt would
exist, under this law, lt is not changed
one lote by this amendrnent offered by
t&e BeDtleman lrom Virelnte (Mr.
BIIn ER). Vfhen lrou preclear, yol,r have
to preclear with either the Justice De
partmentr through tJre Attonrey Gen-
eral, or the District Court of Appeals
for the District of Colrrmbia-

So in terms of uniJorulty of Judg-
ments as to whether submissiqrs ere
correct, that will rerrraln. What we are
telking ebout bere ln rn entirely new
decision that wiU be made by the
oourts. I do not think tJ1erc has been
rny showing whatsoever that the Dis-
trict Court of Appeals for the District
of Columbia has lnfinite knowledge
snd lnfdlible judgment, partlcularly
on something they haye not eyen ad-
dressed yet. In fact, if we heve said
that we Deeded to brfure the Federal
oourts furto er€ater sensiuyity on eivil
rights over the past l? years, rrc ought
to make a judErneot es to whether we
han'e been effeetive.

Tbe CHAIR,UAN pro t€rnpore (Mr.
ECKART). The time of the gentleman
Irom Californie (Mr. LuFcrEN) has ex-
plred.

tBy rmenlrnous corLsent, Mr. Lux-
GRf,N sts ello*'ed to proceed for 3 ad.
ditional rninutcs.)

Mr. LUNGREN. Ur. Chrirmen,
maybe some of the people who are op-
posing this arnendment ar€ concerned
about the fact tbat the last kesident,
President Carter, managed to rppoint
25 percent of ttte appeals court iudges

October 5, 1g81

fu: the Fede'ral system. I would think
thel' would not be worried about that.
IIe has appointed more members to
the Federal court than any other
President in the history of the United
Stater.

I believe fur fect that some of the
outstanding eivil rlghts Judges are not
lust found here ln the District of Co-
lumbia but are found elsewhere. par.
ticularly ln those distriels ln whlch,
under the amendment offered by the
gentleman from Yirginia (Mr. BuTLER).
they would be brought acilons for
bailouts. So I really wonder \r.hether
we think that there ls lnlallibility tn
Judgment here in the District of Co-
lumbia and not elsewhere. We should
not lightly dismiss the fact thBt Juris-
dictions will have the effirmatlve obli-
Eiation to bail out, beceuse they do not
bail out Butomatlcall$ they have to go
to the courts and prove thelr ease.

That will requlre them to go to a
ereat deal of expense and a great deal
of effort. Is there any reason why they
could not do lt ln the Federal district
court elosest to them? Is there any
real reason why we could not trust the
Federal Judges? Are we saytng that
this ls a vote of no eonfldenee ln the.
Federal Judiciary, thst we cannot trust
the Federal ,udiclary to take these
eases ln hand, so they have to come
here in a special clrcumstance?

I do not think there has been any
record for that. As a matter of lact, asa member of the subeommittee I
cannot recall any testimony that we
took on this subjeet whatsoever.
Mr. GLICKMAN. Mr. Cbairman,

will the gentleman yleld?
Mr. LUNGREN. I yield to tbe gen-

tleman from Kansas.
Mr. GLICI(MAN. Mr. Chalrman,

there probably was uo testimony be-
cause of the fact tlat the District of
Columbia court has had Jurisdiction
lor 1? years.

Mr. LIINGREN. Mr. Chairman, if I
may reply to the gentlemarq at this
point we have never had a bailout with
these provisions before.

Mr. GLICI(MAN. I realize that.
Mr. LUNGREN. So we are talking

rbout apples Bnd oranges. We are not
talkine about the same thing.

Mr. GLICKMAN. Mr. Chairman, I
know that the gentleman from Illinois
mentioned tiat this is e different kind
of bailout, but I always viewed yoting
rights as an unique kind of subject, so
perhaps the District Court of Appeals
for the District of Col rrnbia is elmost
r 'Toting rights court" in ssrns sepss.

Mr. IIINGREN. Mr. Chatrrran, iI
ttte gentleman will ellow me to contin-
ue briefly, tJren I will be hdppy to
yield bect to him.

As a rnrtter of fact, re bave been
doing some redistricting fun my home
6tete of Californie" rnd I probably
would prefer that t}Ie State of Cdifoi- ,'{'nia be required to come here and i t

revlew the new redistrictine that has \''
taken place. But we all knor ttrst sll
voting rights case are not under this

fi-
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It

I

I
ill
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li

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October 5, 1981 CONGRESSIONAL RECORD - HOUStr H 6961
law, rnd meny vlolatlons, as some court lor the Dlstrict of Columbla had sensltivity to clvll rishts on the bench
might cell them, of equal protection ever been overruled. I would commend ln those other Jurlsdictlons. I would
under the law take Dlaee ride-b!'-slde to the gentlemen the csse lrvolving suggest that over the last l? years
the votlng rlghts law. the clty of Rlchmond, preslded over by Chat has changed. With 8ll due re-

Mr. GLICKMAN. But $hrt ls the Judge Skelly Wright and two other spect, Bnd reallzlng there are Jurlsdtc-
compelling retson for this? T'he gen- Jud8es. They sere overruled by the tlons that are recalcltrant and should
tleman could probably find reasons Supreme Court. I do not know hou' remaln ln, I woulcl stlll suggest that we
why eases should be heard by s dls- many others there were. have some change ln attltude that we
trict court or r three-Judge panel in Second, tn the flrst cese, and I t,hink have percetved ln some parts ol the
Mississippl, Alrbama. or Kansa-s, or this ls most lmportant. when the Judge eountry. I still do not believe all of the
sherever, but rhat is the eompelling found agalnst the clty ln the first angels or al! of the devlls of thls coun-
reeson why the gentleman would want round he said to the lnLen'enors, "Go try llve ln one pa.rt of the country or
to make this strift now? back to..Rlchmond and go before the

Mr. LUNGREN. There are a couple district court there. They know lar
of rea-sons, one of whteh ls that coun. more about what to do ln this case
[ies ought to trave en opportunity for then we do up here." I think that ls
having r separa[e batlout, ls Bes men. c,hat the amendment of my colleague
ti,oned before, end ln most cases they lrom Roanoke (Mr. Burr.un) ls eU
cannot now tf they are ln a Slate that about. I€t the people tn the dlstrict, tn
is covered. So we ere goin8 to have L:l- the reglon, u'ho know more about lt,
dividual counties c.oming here without settle the lssue and not brtng lt up
the great nesounces of the State and here.
having an undtre burden ln terms of The CIIAIRMAN pro tempore (Mr.
expenses. ln terms of travel, &nd in EcKART). The tlme of the gentleman
terms of leavi:rg their home regions to from Caltfornia has again explred.
come here to present their case. (At the request of Mr. Corym,s end

Second. there ls the number of cases, by unanimous consent, Mr. Luxcnsn
and there has been the suggestion -wasallowed toproceed for 2 addi0ional
there will only be 800 jurisdictions. minuLes.)

The CHAIRMAN pro tempore. The Mr. CONYERS. Mr. Chairman, rill
time of the gentleman from California the gentleman yleld?
(Mr. LUNGREN) has expired. Mr. LIINGREN. I am happy to yield

(By unanimous consent, Mr. LUN- to the gentleman from Michigan (Mr.
cREN wes allowed to proceed for 2 d- CoNyERs).

another.
Mr. HYDE. Mrl g6slnnen" wiU the

gentleman yield?
Mr. LUNGREN. I am hsppy to yleld

to the gentleman from Illinois (Mr.
HYDE).

Mr. HYDE. Does the gentleman
knos if he was born when the Scotts-
boro case was determined?

Mr. LUNGREN. I lm aorry, I do not
know the daie in question.

Mr. HYDE. Does the gentleman
know why we went to Montgomery lor
hearings, and Austin, and why we dtd
not Just take their statements or depo-
sitions?' Mr. LUNGREN. One of the tmpor-
tant reasons was that we want€d to go
doqzr a^nd actually hear from ttre wlt-
nesses in those particular cases as to
thelr experlences. In fact, they cata-
loged a chamber of horrors In many
cases which convinced, I think, the
gentleman from Illinois (Mr. Eyou)
and myself of the fact that we needed
preclearance.

Mr. DnNARDIS. Mr. Chairman, I
move to strike the necessery number
of words.

Mr. Chairman, I am not, an attorney.
I do not Een'e on the Judiciary Com-
mittee. I am but a freshman br thts
Chamber. But I have been vitally ln-
terested in the Voting Rights Act sinee
It was enacted. This year, upon comlng
to this Chamber, I trave followed the
i:rtroduction of legislation to extend
thet sct with keen interest. I believe I
was the first Member from my side of
the aisle to co sponsor its extenslon,
the first to offer testimony in support
of it before the Edwards subcommit-
tee, and the first Republican to urge
the President to support the leglsla-
tion.

The question on the amendrnent
before us is shether we allow deoen-
tralized review of the beilout provi-
sions of this act. We are establishing
nes standards for Jurisdictions that
are seeking to bail out or to remove
themselves from the act's coverage. ln-
cluding a change that would permit in-
dividual political subdivisions withtn e
covered State to bail out.

In preclearance review we have de-
veloped an expertise in the District of
Columbia court for a system of een.
tralized revlew that was bom out of
necessity.

There is, ln my judgment, a logic to
continuing this system es applied to
the new bailout provisions. Central-
ized review has worked. It has worked
exceedingly well, given the complexity

ditional mlnutes.)
D 1515

Mr. LIINGREN. There have also
been some assessments that we have
as many as 2,300 Jurlsdictions that
mal' try to avail themselves of this
particular section of the bill. To sug-
gest that that will not overburden the
court, even lJ one-fourth of them c.ome
here, I think ls to say something
uhich does not har"e a basis ln fact. I
think s'e have to have.a concern about
that.

Third, I would say it seems to me if
we do have eonfidence in the Federa)
judiciar!', $'e ought to show we have
confidenee in the Federal judiciary
and require a sensitivity to cir,il rights
not just tn the District of Columbia,
but in all of the district courts
throughout this cormtry. It seems to
me that unless we absolutely feel that
the Federal eourt fudges in those
other Jurtsdictions are incapable be-
cause of the sensltivity or politica)
pressure to deal with these c&ses u'e
ought not to just brinC tt over here.

If we do have a problem with that,
we should ept rld of those judges be-
cause they are not, ln fact, doing what
thej- ought to be doing and what we
expect them to do.

Mr. BLILEY. Mr. Chairman. cdll the
Eentleman yield?

I\{r. LUNGREN.-I yield to the sen-
tleman from Virginia (Mr. BLTLEI).

Mr. BLILE"Y. I thank my colleague
for yielding. I would like to associate
mS"self with his remarks.

I em in supprrt'of this amendment.
I would like to mention two reasons.
F'irst, the gentleman earli,er said that
he q'as not aware that the district

Mr. CONYERS. I thank my col-
leaSnre for yielding.

My colleague made perhaps a mis.
statement. The chairman of the sub.
committ0e said there would be 230 ju-
risdictions immediately eligible.

Mr. LUNGREN. What I was saying
wa.s there has been a suggestion that
ttris would b€ limited to a total
number of 800 possible Jurisdictions.
Some have suggested because of cer-
tain definttions it may be closer to
2,300.

Mr. CONYER.S. Then I am saddened
by the debate for those who support
this amendment who are clearly avoid-
brg the reallty of the crisis and the ha-
rassment that Judges in the 'South
have had to go through in conneetion
wlth civil rlghts cases in general, $ith
voting rights cases, and even busing
cases ln particular. It is not a pretty
picture. It ls a grievous and sore part
of our American body politic as we de-
velop.

So to be tNnking that a few so-
called liberal Judges, 8s the gentleman
referred to them, appointed lr1 s preri-
ous administration are going to settle
a historic problem I think looks away
from the nature of the difficulty. The
harassment comes from the communi-
ty. It ls not that the Judge is going to
Just get scared for nothing. Remember
the Scottsboro csse? Remember qhat
happened to the families and the
Judges ln terms of the horrendous
pressures they have been subjected to
in the last tso decades?

I ask the gentlemen to take those
into consideration.

]tdr. LUNGREN. I appreciate what
the gentleman aa,'s. But I would sug-
gest some have said we do not have a



H 6962
of the problem ol preclearance. I
thtnk that there l,s now a body of
knowledge on aspects of the Votlng
Rlghts Aet thet can serve thls court
well aa lt addresses some new provl-
slons of thls 8ct.

Second, notwlthstandlng the prog-
ress that has been made ln votlng
rlshts, the whole history of the fran-
chl,se ln thls country ls unfortunately
studded wlth subtle acts of discrlmlne-
tlon. Whlle I now range beyond the
scope of thls partlcular amendment, lt
ts tmportanL I thlnk, to a rrlscusslon of
the amendment 8s part of the act, and
looklng forvard to some additlonal
amendments whlch will be offered, to
make thls point. Namely, that threats
to votlng rlghts are by no mea.ns B
thing of the past, although they ere
certainly a lot morc subtle now than
ln years gone by. No more a,re lmpossl-
ble llteracy tests used to dlsquallfy
blacks or la,neuage-mlnorlty regr-
trants. But now movlng the voting
booth to an all-whlte club ca^n Just as
effectively discourage mlnoritles from
exerclsing their rights.

No more are ballot boxes of black
votes uDaccountably lost, but shifting
from Dlstrict representatton to Bn et-
large system of electlng the county
councll can be as effectlvely dlsenfran-
chlstcg as a"nythtng else.

No more are terrorlst tsctlcs used to
prevent blacks from runnlng for
office, but a,n exhorblta,nt hlke ln
flling fees can Just as effectlvely keep
most mlnority candidates out of the
ra,ce.

These examples, drawn from llfe
since tbe Voting Rlghts Act was made
law, strow how even chanellng what
looks lnnocuous at first can be used to
perpetuate discrlmlnatlon.

What ts Erore, aorne proposals that
have no dlscrinlnatory intent can nev-
ertheless bave signlficant a,nd negative
effect on mlnority partictpatlon.

Mr. Chairman, the Voting Rights
Aet has a,ccomplished what 100 years
and countless court cases could not ac-
compll,sh, the enJranchisement of hun-
drcds of thousands of mlnorlty Ameri-
cans. The Eystem, as enacted in 1965,
as amended over the years, has worked
very well There grg lmperfectlons, to
be sure.

It makes no 6ense to me to change.
We talk about progress that has been
made, but much still needs to be done.
Preclearance provisions have been ef-
fectively reviewed here ln the District
and I thtnk that the new ballout provl-
sions will meet with the same success.

The CHAIRMAN pro tempore. The
time of the gentleman from Connecti-
cut has expired.

(By unanimous consent Mr. DpNen-
Drs was allowed to proceed for 2 addi-
tlonal minutes.)

Mr. DE.IiIAR,DIS. I conelude, Mr.
Chalrman, by saying that I thlnk that
the cumulatlve effect of thls amend-
ment, lf enacE0, Lnd other amend-
ments, U enacted. wlll be to weaken
the most lmportent piece of civil
rights legislation ln hlsiory. I aut

CONGRESSIONAT RECORD - HOUSE
agalnst thls amendment and, as I reed
most of the amendments that wlll be
offered, I oppose them, too.

Mr. PEISEIi,. Mr. Chalrman, wlll
the gentlemBn yleld?

Mr. DUNARDIS. I am happy to yleld
to the gentleman from DIew York (Mr.
BYsER).

(Mr. PgfSER asked and was glven
permlsslon to revlse a.nd extend hls re-
marks.)

Mr. PE'[SER. Mr. Chalrman, I rlse
ln strong'support of the Ilouse Judlcl-
ary Commlttee's btll extending the
provisioru of the Voting Rights Act.

The most fundamental rlght eup-
portlns our denocratic form of Gov-
ernment ls ttte rlsht of lndlviduals to
partlclpate-through electlons-ln the
selectlon of hls or her government.
Even the flrst amendment rtghts of
free speech and assembly lose thelr
significsnce tf there.ls no process for
lndlviduals or groups to translate the
enjoyment of these rlghts lnto action
ln the voting booth.

The rlght to vote breathes ltfe lnto
all the other Suarsntees of our Consti-
tution.

The Declaratlon of Independence
and the Constltutlon, whlle nearly
perfect [r form and substance, were, asi
we know, not perfect ln results. It has
been up to the Congress and the
courts-to the people really-to refine,
to a6end and to lmprove the prlncl-
ples of equality and suffragg enuncl-
ated in those documents.

And we have moved forryard ln the
past 200 years to realize the full poten-
tial of-our sy6tem of government.
Thus, the Congress a.nd the States ln
the l2th, l4ttL l?th, 20t11,22d,23d,
and 25th a?nendments moved to lm-
prove the electlon processes for Feder-
al offlces. The lSth rmendment for-
bade the denlal of the rlght to vote on
account of color. And ttre 19th amend'
ment extended suJfrage to women.

The Votlng Rlghts Act of 1965 was
necessary because 6ome State and
local offlcials refused to carry out the
urandate of our Constitution. Blacks,
particularly ln the South, were rou-
tinely denied the rlght of particlpation
ln the poUtical process.

That the act has been a success
there can be no doubt. At the time of
Its passage only 32 percent of blacks
were registered to vote in the 10 States
comprising the Deep South. That
figure ls now 63 percent.

Should the act be extended without
weakening amendments? .I believe lt
should. In the past 5 years, between
19?5 and 1980, Mr. Chalrman, the Jus-
tice Department disapproved over 600
proposed electoral changes submltted
for its approval under the act's pre-
clearance requirement. Testimony
heard by the Judiciary Committee ln-
dicated that Jurisdictlons contlnue to
defy the act. Almost all of the States
covered have faced as many obJectlons
within the last 5 years as during the
preceding l0 years.

October 5, 1981

The House should, therefore, accept
the Judlclary Commlttee blll whlch
does the followlng:

Extends the preclearance provlslons
untll 1992;

Modlfles the ttandard ol proof tn
votln g dlscrlmtnatlon eases;

Extends the language asslstance pro-
vlsions of the act untU 1992; end

Provldes a falr and achlevable ball-
out whlch wlll eUow Jurtsdlc$ons
whlch have a conslstent record of no
vlolatlons for l0 years to be exempt
from preclearance.

Mr. Chalrman, I ask my colleagues
to support the com-Elttee blll to con-
tlnue the proSrress we have made to
lnsure the rlghts of the votlng fran-
chlse to all.

Mrs. FENIIICK. Mr. Chalrman, wlll
the gentleman yleld?

Mr. DTNARDIS. I yleld to the gen-
tlewoman from New Jersey (Mr& trbN-
wrcK).

Mrs. FEITIW"ICI(. I thank my col-
league Ior yleldlng. I would llke to as-
soclate myself with hls renarks. It ls
refreshlng to hear hls vlews, and I am
happy, lndeed, to assoclate myself
wlth whet the gentleman has said
about thls lmportant act.

Mr. FISH. Mr. Chairman, wlll the
gentleman yleld?

Mr. DTNARDIS. I yteld to the gen-
tleman from New York (Mr. FrsH).

Mr. FISI{. Mr. Chatrman, I, too,
would llke to compliment the gentle-
man for his very lucld and cogent ex-
presslon of support for this measure.

Mr. SEIBERIJNG. Mr. Chalrman, I
move to strike the requlslte number of
words.

I ern sorry our colleague fron Geor-
gta (Mr. Jurr:nrs) seemc tD have left
the roon for a moment, because I
thtnk he raised a poLrt wblch needs to
be responded to. Anyone who ls tn the
clrcu.mstances of the nlne countles he
refened to, that have no minorities
and, therefore, no problem under this
ect, can appreciate the deslre not to
have to go through a long, complicat-
ed expenslve procedure.

But I suggest the best way to avoid
that, tn terms of the ballout provision,
ls to have all such cases tried In one
court, Io thk case, the U.S. District
Court for the District of Columbia,
which has the expertlse snd the au-
thoritative position to dispose of those
cases and to mlnimize l,hs nrrmbep sf
sppeals to the Supreme Court. This
will minimize the number of appeals
f1e6 diffgrcnt rrlstrlct courts Trithin s
circuit, and will thereby slimina,fs s
lot of the expense tJtat would other-
wlse be tnvolved tr ballout cases.

Any ca.se which lnvolves a decision
which B maJor ctvil rlghts Eroup dis.
&grees wlth ts golng to end up i:r the
Supreme Court of the Unlted States,
unless lt ls decided by s court that ev-
eryone recognizes has been through
the mill and speaks authorltatively on
the subject of the Votlng Rlghts Act.
The best way to aceompllsh that is to
have the cases tried ln the sa,me court,

(

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(-

Actofur 5. 1981

regardless of where they origlnete.
The provision for the U.S. DLstrict
Court for the District of Columbla to
tr!' thcse cases makes a Slreat deal of
sense frorn that standpolnt. In the end
it is likely to sat'e money lnd s8ve time
of locrl tovernments ln the kind of sit-
uation our colleague lrom Georgia dts-
cussed.

I yield back the balance of my t.ime.
Mr. LOTT. Mr. Cheirman I move to

strike the requislte nu-mber of words,
and I rlse in support of the amend-
ment.

(Mr. LOTT asked end wa-s given Per-
mission to revise and extend hls re-
marks.)

Mr. LCITT. Mr. Chalrman, first of all
I would ltke to eommend and thank
the gentleman from Illinois (Mr.
EYDE) and the other Eentlemen from
Illinois (Mr. Flert,seAcr) !s well as the
distinenri:shed ch&irm.n of the Judici-
dry Committee tor thetr efforts ln
working with a variety of lndividual
Merobers of the House and I'lth out'
side lrouF tn trying to rork out some
compnonises on tbls fegislstion.

This, of course, would also apply to
the gentleman from Cdifonria (Mr.
EDwARDS). I know tJrrt asincere effort
was mede.

Mr. Cbairman, I rise h support of
tJre rrnendment to vest Jurisdiction of
voting rights bailout suits ln local Fed-
erel district courts instead of the Dis-
trict Court for the District of Colum-
bia. The exclusive Jurisdiction of the
District of Columbia courts not* pro-
vided by the rct is a vestlge of an out-
dated fear of backwoods Justice in
Federal courLs in the covered Jurisdic-
tions. This fear is no longer justified,
if it er.er was, and simple fairness re-
quires that lt now be rerroved from
the act and the usual rules of Federal
jurisdiction be permiited to apply.

In 1965 ConEress was moved by the
testimony of civil rights attorne]'s that
a fair trial of civil rights issues could
not be obtained evea in the Federal
eourts in the South. Whatever the va-
lidity of that argument then, it has
none today. Most of those judges have
long since left the bench, and their re-
placements were reviewed and eon-
firmed b'' the other body rhile it was
dominated by Members of the party
still holdine the msjority here in this
House. Many of thce judges were
nominated by President Carter after
the legislrtion cr€ating new ludgeshim
gave him a Sreeter imp8f,t on the Fed-
eral beneh ttrsn any kesklent since
George WeshinErton.

Fbcleral judces in the South have
compiled an unquestionable reeord of
sensitivity to ciril rights claims. The
judges of the 4th, 5th, and now the
new 11th circuits have been constantl!'
pralsed by the most libenl legal com-
mentators for their willinSness to en-
tertain aJld actept Dew theories of
racial justlry My o*'n Siate of Missis-
sippi has produced some of the most
liberal \'oting rights decisions in the
country. On this record, the commit-
tee can no lon8ier claim that judges en-

CONGRESSIONAL RECORD - HOUSE
dorsed by their own party will be sny
less falr than Judges ln the District of
Columbla.

To lts eredlt, the commlttee no
longer rnskes thst ar8iument. lts
report on page 36 states that exclusive
Jurisdiction "ls ba.sed upon a deslre to
assure uniform interpretation &nd en-
forcement" of the Bct. The problem
with this arSjrment ls thst the lan'
does no such thing. The many laws
which place Jurisdiction over certein
regulritory m&tt€rs in the District of
Columbla do essure & certain measure
of uniformity because they euthorize
eventual sppeel to the entire Court of
Appeals for the District of Columbia
Circuit sittlng en banc. That court can
exercise a unlfying discipline over the
district court and lts own panels.

But the court of rppeals has no such
authorlty to supervise the actions of
the three-Judge district courts created
by this statute. A new and fully lnde-
pendent three-Judele court is created
to hear each e.nd every individual
voting rights case which is filed. The
panels are selected from 11 active and
2 retlred appeals judges, end 15 active
and ? retlred rtistrict Judges. Ttre deci-
sions of these ad hoc trlbunals cannot
be appealed to the court of appeals for
corr-ection. Thst is not a prescription
for unlformlty, but for chaos.

Fortunately, uniform appllcation of
the law is assured, not by the Federal
courts of the District of Columbia, but
by the Supreme Court of the United
States. The law gives parties before a
three-judere court an appeal of rieiht to
the Supreme Court, and that Court ls
obliged by law to decide the appeal.
AII Members are familiar with the sta-
tistics shot'ing the large numbers of
discretionary petltions for certiorari
which the Court denies eaeh year, but
those imposing figures have no bear-
ing here. The Court must affirm or re-
verse el'ery appeal brought before it
from a three-judge eourt. It does not
have to hear oral ergument on the
case, and it does not always do so, but
it must and it does review the record
and the briefs and decide every single
case on the merits. The Supreme
Court, and only the Supreme Court,
guarantees uniformity of interpreta-
tion.

The Supreme Court tr ill conLinue to
provide that Sruarantee even iJ we
sdopt the amendment to permit these
cases to be decided by three-judge dis-
trict courts in the affected locality.
Each of those ca.ses will be Bppealed,
not to tJle local court of eppeals,
where some diversity might arguably
slip in, but to the Supreme Court,
which cen be trusted to be true to its
or*rr precedents. The committee's sup-
port of its bill on the basis of the need
for uniformity is simply fallacious.

With thet argument out of the way,
then the conventional arguments lor
holding trials in the affected locality
become overwhelming. Aside from the
extravagant expense involved in hiring
Washtneion attorneys to litigate in
Washington, it ls simply much easier

H 6963
and much less expensive to gether the
vital q'itnesses in their home distrlcts.
The strlngent rcqulrements for bailout
prescribed bt' the cornmltt€e bill make
it clear that the committee feels the
court should have before lt as much
lnformation as posslble sbout the con-
duct of the petitioning Jurlsdtction. It,
ts quite simply beyond dispute that
the local disLrict court b much more
likely to gather that eviderrce than ls a
court hundreds and thoudands of
miles from the scene. And lf that locel
court makes 8ny mistake as to the law
or the facts, the Supreme Court
always stands ready to correct lt.

Mr. Chalrman" this ls rn rbsolutely
lndispensable amendment. It ts beyond
dispute that it will lmprove the quslity
of Justice tn this most bnportant area
of the law. Of alnost eq nI hnpor-
tance. lt will remove from the Judges
and the cltDens of the covered Juris-
dictions the feeling that they are
somehos' lneapable of dispensing
equal Justice before the law. It is
ironic and inexsussble that this legiis-
lation, designed to achieve the great
goal of equal Justice, ls so wldely and,
ln my view, conectly pereeived as tm-
posing an lndefensible lnequallty
against the citizens of the eovered Ju-
risdictions, If we are ever to rchieve
our goal of trust and cooperation
among the races, then we must put
this diseriminatory r'estige of outdated
notions firmly and finally behind us. I
implore my eolleagues to support his
amendment.

tr 1530

I think that it is tn the lntereet of
fairness for all citizens that are eov-
ered.

Mr. CONYERS. Mr. Chairman, wlll
the gentleman yield?

Mr. LOT'T. I yield to the Eentleman
from Michigan.

The CHAIRMAN pro tempore (Mr.
EcKART). The time of the gentleman
from Mississippi (Mr. Lorr) has ex-
pired.

(On request of Mr. CoNrsas and by
unanimous consent, Mr. Lorr was aI-
lowed to proceed for I addittonal
minute.)

Mr, CONYERS. Mr. Chairman, is
m! colleague, the gentleman from
Mississippi. familiar with the case on
reapportionment that came from his
State that lasted 14 years and required
nine trips to the U.S. Supreme Court?
Is he a\r'are of that?

Mr. LOTT. It was mentioned here
e&rlier toda'', and I am familiar wiLh
it.

Mr. CONYERS. Does the gentleman
envision that would be ttle way we
would be handling these kinds of mat-
ters?

Mr. LOTT. I am sure that that is not
the case.

Would the gentleman, in turn, ac-
knouledge that some of the most out-
standing voting rights cases and civil
rights cs-ses hat'e, as a matter of fact,
come from Federal district jurisdiction



H 6964
ln Mtsstsstppl end tn the Fifth Clrcult
Court of Appeals?

Mr. CONYERS. Well, thet ts irue.
But why tamper, I ask the gentleman,
wlth a eltuetlon that l,s worklng so well
that no wltnesses testlfied agalnst lt ln
the subcommlttee?

Mr. LOTT. We are talktng about a
new procedure here, the ballout provl-
ston that would be heard ln the locel
Jurlsdtetions lnstead of the District
Court of the District of Columbia. It ls
a different procedure that we Bre t&lk'
lng about on thls leglslatlon.

Mr. CONYERS. But the ballout Pro-
vlsions were meant to get more people
to support the Vottng Rlghts Act, not
to change the court's Jurtsdiction. Thls
ls going ln exactly the opposite way of
the Members on both sldes of the alsle
who have beea worktng to try to re'
solve this matter.

The CIIAIRMAN pro tempore. The
tlme of the gentleman from Misstssip-
pl (Mr. Iort) has a8nln explred.

(In request of Mr. Ilros and bY
unanlmow consent, Mr. Lorr was al-
lowed to proceed for 3 additional min'
utes.)

Mr. EYDE. Mr. Chairman, will the
gentleman yleld?

Mr. LOTT. I yleld to the gentleman
from Dllnols.

Mr. HYDE. I thenk the gentleman
Ior ylelding.

Mr. Chairman, I would Just like to
remind my good frlend, the gentleman
from Mlchigan, that, yes, we did hear
testimony on this issue. We heard a
black lawyer frorn Mississippi named
Wilbur Colom, who told me that he
would rather file a case before the
fifth circuit than the Distrlct of Co-
lumbta beceuse the Sreatest sensittvlty
to civil rights was before the flfth clr-
euit.

So that ls testimony that was ad-
mitted.

But let me congratulate my friend,
the gentleman in the well. I would like
to say that I have looked up the fig-
ures, Bnd I would like to say to my
dear friend, the gentleman from Mis-
sissippl, th^lt 72.2 percent of the black
people in Mississippi are reglstered
and, in the last election, 1980,59.5 per-
cent of the black people in Misslssippi
voted, whereas ful Massachusetts, that
home of so ma,rly ereat liberal states-
men, 43.6 percent of the black people
are registered. And guess how manY
voted in 1980? 38.4 percent.

WeIl, let us move to New JerseY, one
of the citadels of liberty ilx thls Union,
anh we flnd that {8.9 pereent of the
black population registered in 1980,
and 40.2 percent voted.

Now, I put that up against 72.2 Per.
cent registered in the State of the gen-
tleman from Mississippi and 59.5 per-
cent voting, and I think you have got a
record to be proud of. I con8ratulate
the gentleman from Mississippi.

Mr. LOTT. * c0rtainly thank the
gentleman for his comments.

Mr. EDWARDS of California. Mr.
Chairman, we have been on this im-
portant amendment for over 2 hours.

CONGRESSIONAL RECORD - HOUSE
Can we get an agreement as to when
we can vote on the amendment? Ten
mlnutes?

Mr. HYDE. Mr. Chalrman, we have
three Memberis over here who would
llke to be heard on the amendment; so
we are talktng about l5 mlnutes on
thls slde.

Mr. EDWARDS of Callfornla. Mr.
Chalrman, I ask unanimous consent
that all debate on this amendment
close ln 10 mtnutes.

The CHAIRMAN pro tempore. The
Chalr will lnqulre of the gentleman
from California whether 'hls unani-
mous-consent requests lncludes thls
amendment Bnd Bll amendments
thereto.

Mr. EDWARDS of Callfornla. Just
on thls amendment, Mr. Chairman.

The CI{AIRM/\N pro tempore. Just
on thls amendment.

Is there objection to the request of
the gentleman from California?

There was no objectlon.
The CIIAIRMAN pro tempore. For

what purpose does the gentleman
from Loulsiana seek recognition?

Mr. MOORE. Mr. Chalrman, I move
to strlke the requlsite number of
words.

The CIIAIRMAN pro tempore. The
Chalr will first allocate the ilme
nmong all Members seeklng recogni-
tion on this amendment.

The Chair has observed the follow'
lng Members sts,nding: The gentleman
from Callfornle (Mr. EDwARDS), the
gentleman from Illinois (Mr. HYDE),
the gentleman from Iouisiana (Mr.
Moonr), the gentleman from Michigan
(Mr. DUNN), the gentleman from New
York (Mr. GARcTA), the gentleman
from Massachusetts (Mr. Fhenx), the
gentleman from Virginla (Mr. Burr,sR),
and the gentlewoman from New
Jersey (Mrs. Ib{wrcx).

PARLIA-XEI TARY INQI'IRY
Mr. HYDE. Mr. Chairman, I have a

parliamentary inquiry.
The CHAIRMAN pro tempore. The

gentleman will state it.
Mr. HYDE. Mr. Chairman, I have

three Members who wa"nt to speak on
this side. That is the gentleman from
Iouisiana, the gentleman from Michi-
gan, and the gentlewoman from New
Jersey.

I was a,esuming 5 mlnutes apiece, 15
minutes total.

Are we talking about a whole slew of
Members who want to talk now?

The CHAIRMAN pro tempore. The
Chair will point out to the gentleman
from Illinois that the Chair merely al-
located the time &mong those Mem-
bers who rose by the tlme that the
unanimous-consent request was grant-
ed.

Mr. HYDE. Mr. Chairman, having
voted on the prevailing side, I move to
reconsider the vote by which we limit-
ed this to 15 minutes. I have three
Members who want to talk on this
side.

The CHAIRMAN pro tempore. A
motion to reconsider is not in ordeI.

October 5, 1981

The Chatr would suggest to the gen-
Ueman from Illlnois that those who
merely wtsh to speak for a short tlme
could allocate the remainder of their
time to another Member by unani-
mous consent,

Mr. EDWARDS of Californla. Mr.
Chairman, I ask unenlmous consent
that 8U debate on this amendment be
closed ln 30 mlnutes.

The CHAIRMAN pro tempore. Is
there objection to the request of the
gentleman from Californla?

There was no obJectlon.
The CHAIRMAN pro tempore.

Members stsnding at the time the
unanlmous-consent request was grant-
ed will be recognlzed tor 2th minutes
e&ch.

The Chatr recognlzes the gentleman
from Michlgan (Mr. DUNN).

(Mr. DUNN asked and was glven per-
mission to revise and extend his re-
marks.)

Mr. DITNN. Mr. Chairman, I rise ln
opposltion to the amendment and in
strong support of the general leeisla-
tion.

I would lif,e to associate myself with
my freshman colleague, the gentleman
from Connecticut (Mr. DENARDTS).
\trhat the gentleman said ls very true.
Since comlng to this body, my re-
search has lndicated that there ls a
very strong need for continued legisla-
tion such as this.

Mr. Chairman, I rise i:r support of -.<\
this bill, II.R. 3112. extendins the { i..
Voting Rights Act lnuo 1992, of which \
I am a cosponsor.

Mr. Chairman. I see little rea.son
why any of my eolleagues here would
vote ageinst this legislation. The
Voting Rights Act has been a valuable
tool in enforci:rg constitutional rights
of minorities to meanineiful suffrage.
Di)ution of minority vot'es by means of
at-large districts, llteraey tests, selec-
tive placement of polling places, and
the deliberate exclusion of minority
voters from registration lists are all
disg:usting disfigurements of our de-
mocrac]'.

Voting rights legislation since 1965
ha.s allowed the Federal Government
to pursue its proper role as guardian
of the people's right to an equal and
meaningful vote. We have seen good
results. Pereentages of black regis-
tered voters have increased substan-
tially over the years. This is reflected
by the growing number of black elect-
ed officials within the States covered
by the act and their increased invoh'e-
ment in the leadership of this country.

We would be fooling ourselves, how-
ever, to slap each other on the baek
and say the job i:s done. Abuses contin-
ue, both flagrant and subtle. States
are right now involved in redistricting
circuses, from which will spring many
highly imaginative plans. Dilution of ''
minority voting power is all too \
com-on in these ptans, ana the Jus- \/
tiee Department will be busy trying to
defeat such purposes.



t

CONGRESSIONAL RECORD _ HOUSE

Bystem does not mean anythlng and
there is no reason for having dlsirlct
courts. If thst ls the case, you ought
to be able to bring every case ud here
to Washlngton and Just forget the
Federal Judlclary system completely as
l,e nos' constltuted. Just as thls ts ll-
logtcal, so ls the pres€nt provlslon of
law on Jurl,sdictton of thls act. Thlg
amendment should pass.

The-CHAIRMAN pro tempore. Ttre
Chalr recoeilxlzes the gentlema^n lrom
New York (Mr. GARCTA).

Mr. GARCIA. Mr. Chalrman, I asr
sorry that my colleague, the gentle-
man lrom Mlsstssippt, has departed. I
belleve ttre lntent of thls legislatlon ls
to tocrease mlnorlty lnvolvement ln
the pollttcal process. I thlD} the proof
of the Votlng R.lghts Act ls really ln
the puddlng. And that l8: Eow many
mlnorlties Bre going to partlcipate as
equBlE ta legislative bodies across the
country?

The State of Mtssisslppl, wlth a
black population of 35.2 percent, has
?.3 percent black elected offlcials. 'It
has 7.3 perrent.

The State of Gecslq wlth e black
populatton of 26.8 percent, has 3.? per-
cent black offlcials elected to publtc
office.

And so on aad so on end Bo on
throughout the Southern region ol
our Natio& plus some of our Northern
States.

When you talk about Jurlsdlctlon,
the only place thst we can go today
that we know ls golng to be truly bl-
partisan, truIy look at the record as lt
ts, ls in the District of Col 'mbla. And I
would swgest to those Members who
come from States where they have a
large minorlty populatlon that they
should looL, at the record; lt speaks for
Itself.

Mr. IffDE. Mr. Chairman, wlll my
friend, the gentleman from New York,
yield to me?

Mr. GA8,CIA. I yield to my friend"
the gentleman from Illinols.

Mr. IfYDE. Mr. Chalrman, I would
suggest that my friend becsme a Con-
Eressrrran E'ith I total of 32,173 votes.
U that ls particiBation, I am Mark
T\rain.

Mr. GAIICIA. Mr. Chairman, I wlll
reclaim my time. If thls Congress and
this Netion had been receptive, I
would never have lost that population.
And I say to the gentleman, as I
Member of this body, as one who has
on occaslon votcd against programs
that my community needed. The gen-
tleman should not take the floor and
talk about the loss of population ln my
South Bronx district. It ls tough
enough.

tr 1545
Mr. IIYDE, Mr. Chairman, I move

that the gentleman's words be taken
doqm.

The gentleman s&id I constantly
voted against the poor. I have voted
for every IIEW budget that has come

H 6965
else and treat these eases llke every down the ptke, a^nd thc Vo0lng RtShtg
other case, or the Federal Jutlce Act of 1965 I votect for r.r ?cll.

ilil
,iil

,ll'

nV

Octobr 5, 1981

Blacks, of course, are not alone ln
sulferlng from dl,scrlmlnstory votlng
practlces. 1975 emendmenta to the
VotlnS Rlghts Aet focus addttionally
on members of Sroups whose prlmary
language ls other than Engllsh. Bllln-
gual electlon materlals contrlbute to
our havlng an aware and lnformed
electorate, and are certalnly ln the
best tnterests of our country. To deny
a citizen his rlght to a knowledgeable
vote smacks of lnvldlous lntent. The
bflinsual provl,slons of the act must
elso be extended.

Votes we wlll cast todsy concern
lesues at the core of our Government
e,nd the democrBtlc phllosophy behlnd
It. The Fqdergl Government, and we ln
Coneress especlally, must do aU that l,s
possible to guarantee everyone's op-
portunity to vot€ meanlngfully end
knowtnsly. The courts do not hold a
monopoly llr thls responslblllty.

f urge my colleagueE' support for
this btU as rcported, and the defeat of
anendments deslgned to crlpple tt.

The CEAIRMAN pro tempore. The
Chalr recogntzes the gentleman from
Louislana (Mr. MooRr).

Mr. MOORE. Mr. Chalrman, flrst of
all, I resent thls-procedure. f come
from one of the few Stotes covered by
the act and, by God, my rtghts to
speak here have been hampered by ev-
erybody else sta^ndlng up, when at the
tlme of the unanlmousconsent re-
quest only three or four people lnclud-
tng myself desired a chance to speak.
8o I resent that.

I apprecist€ ell of my sanctimonlous
brethren eomlng ln here a,rrd teUing
me how to run the votlng rtghts fur my
State, when they do not have a.ny-
where near the voter p8rtlclpation or
tJre reeistratlon of minorlties tn theirs
as we have tn mine. But be that as it
moy, I will use the remsfudng l minute
that I have left to slmply say this:

It ls awfully easy to vote for a na-
tlonal park fun someboqy else's district,
It l,s awfully ea.sy to vote doq'n w&ter
projects ln somebody else's district. It
l,s awfully essy to be sanctimonlous on
thl,s issue that does not affect your dis-
trict or your State. I would hope that
you would look at an amendment llke
this, put easy polltical votes aside, and
act 8s national legislators. If you will,
you must realize that if the Federal
court system means enythtng, lt
means you ought to be able to go to
sny Federal court and have your
rights sustained. That is the way it is
on envlronmental lssues, that ts the
way lt is on buslng lssues, that ls the
way lt l,s on everythlng else. I potnt to
the Flfth Ctrcult Court of Appeals
which covers my State as belng prob-
ably the most llberal court of appeals
tn the country, accordirul to the Jus-
ttce Department. And to ssy now that
every slngle towr and partsh ln my
State still have got to troop to Wash-
lng0on, whqSu ur have dlsproven the
orieinal theory behlnd this provislon
of Jurlsdtction ln the District of Co-
lumbia courts l,s absolutely ridiculous.
We ought to be treat€d like everybody

Mr. G}AR,CIA. Mr. Chalrmen. tf I
may, the gentlem&n from llilnols has
made a polnt. Thts ls an emotlonal
perlod for all of us. I wlll strlke out
the words that ere not correct.

Mr. Chalrman, I ask unanlmous con-
sent thst I be allowed to wlthdraw the
word6 thst the gentleman lrom llll-
nols (Mr. Erot) objects to.

The CHAIRMAN. Is there objectlon
to the request of the gentlemen from
New York?

There was no obJectlon.
The CEAIRMAN. The Chalr recog-

nlzee the gentlewoman lrom New
Jersey (Mrs. Fhrwrcr).

Mrs. EEIIWICI(. Mr. Chelrman, I
would llke to brlng up e serlous ques-
tlon. I have dtscussed thts wlth both
eldes of the aLsle, and both sldee heve
eSreed that lt may be worthy ol com-
ment and note.

To me lt l,s shocklng that esslsta.nce
can be r€ndered to r voter, tn what
should be the Eecrecy of the votlng
booth, when that voter l,s not bllnd.
We have aeen tlme after tlme one of
each larty gotng wlth the votcr lnto
the votlng booth. We tnow ver? well
what can ha,ppen. Ttre cornrpt party
boss knows how that persoD has voted.
That ls not a free a,nd secret bgUot. It
b1s been said over and over agatn, by
people who know what trouble ls, that
no votinS rlght ls valld U lt !s not
secret. ODly blindness should nlles ss-
slstance ln the votlng booth, {or one
who expects to cast s free vote.

If asslsta.nce ls needed, tt should be
reDdered outslde the booth. It should
be rendered with charts and asslsta^nce
of any ktnd outside the booth. I do not
thlnk there i,s anybody on thls floor
that would not agree wtth me.

We have let this support for assist-
ance to creep into the bill, and I am
afraid that now lt wlll be hard to get
an gmendment to take it out. We have
had abuses tn both parties, so I a,m not
talking in any partisan way. If any-
body has suffered from seeing people
under the heel of eorrupt party orga-
nlzattons, they know what I 8m talk-
lng about.

We must keep other people out of
the booth. Just leave the voter a,lone
ln the bootb. Asslst them outside. TeU
them, show them, anything you like,
but not ln the booth.

The CHAIRMAN. The Chair recog-
nizes the gentleman from Ilansas (Mr.
GLTcr<rrAN).(Mr. GLICKMAN asked and was
glven permission to revise and extend
his remarks.)

Mr. GLICKMAN. Mr. Chairrran, I
rise in opposition to this amenrlment
which I eonsider one of the key
amendments to this biU. It is so lmpor-
tant because lt lnvolves who hears
cases tnvolving precleara,nce under the
Voting Rights Act and under what clr-
cumstances.

For nearly 16 years a procedure has
been set up to declde votlng rights

iil

ii

il

'll

11



. H6966 , CONGR.ESSIONAT RECORD - HOUSE @nber 5, I08I
NOT VOTING-2'ceses ln preclerrance sltuailons, rDd &unp vrndcr Jrrt wilt.D

those deeJslons have been mede-by i }Y,n wrmplcr - wlnn
Federel court ln the Dtrtrlct of col-rim. Hri,j SXifX?a YilL,*,bla. I_lgve repeatedly esked the ques-
uon: ltrhet le the oompetttru reason to NoEs-t ?
chanSe the current procedure whereby addsbbo Ford (T!r) Nrt herthe Dlstrtct 9f Qetrrmlla court wlit fl*f Forslthc tleat
hear vouns nihts-.-casee-rfr;;;; flm, *S.?t fftrthoee casreg tD the clrcult court8 lrra.r"on h.rt Noprthroughout the country. rnd not once lndrewr }tot ob€rrtrr
have I heard eD g5ygt to marcatc fliffi," m, B.TL".why should we change trom the cur- Lprn or*ra p.nc*.
fent procedure. eungor; o.]0.""o, 1rstt rrcnrt aeems that the lurden of proot $li"flro,' m!}f, *ffigftould be on t&ose wbo want to 

-mer! 
inuev <pAr orrDrD Etrrtttis chrng€, parttculerly as lt relatca a.-er olDn picrle

to an lssue lnvolvlng the rtght to vote- Bcdell Guctmrn Fortcr
whlch ts probably ev;;;-d p;d;id *ll'ffi P- HA,ilan -tJre rlght to free speecl. Stnce Lnnctt crrdtso Raherttlrat burden of proof has not beeu Bgtt g"e ony - Rallshr-L

Ei[t3ifiH*"*.,':f,rffi:T ffiIffi ffi, ffi",votlng rlghts precleararrce cases. I urge Bogrr ounrrenou B€uls
reJectlon of thl,s nmend.Bent. Bolsnd Ea.u (oE) RtchmoDd

Tbe .EATRMAN''?. 
"Lq 

recos- Hl*' mB,-* *,H*alzes_the Sentleman from Callfonr6 ilnror Esnce Rodtoo(MI. EDWAB.DB) Bouqu.rd Bartru l.oe
Mr. EDWARDS o_r..Calrforura. l{r, *m,T. H,T ffio*"rChalrmao, I esk for 8 ..no" vote, artd I ilown <cet Eeracr Rcunl,orrfJyield bact' the bala.nce of my Ume. Bros'n (olt) aertei noureor -

.,,H:ffiffi*"oif#';"f,ii ffi* iffiL tr#rnon flom Virgtnia (Mr. BUTLg1): qry Euer e.rrs"

r,S*olf:mffiTf"irfo#i#; #,[:,o, ffi * $#li:;there were-Byes 25, noes 32. oontc Bolt scbulzeRrcoBDEDvqrr EH",x" "tffi fffiy.fitMr. BIFILE!. Mr. Chainmn. I coushlo Eover Eenaenb;bDer

A recorded vote was ordered. 6vr,.. wuuam notto sh8rpThe Vote WaS taken by eleCtronic Gockett Jrerrhd Bimon
device, and therc were-ave_si,r;;G ffiHT jff,o", Silf;?r^,

^277, 
not voting 2{, as follows; il*t r. Jones (TN) e,rrrh o[J)

V tRoll No. e]8J Fub tsst€rr.Dreler Ahrth (pA)n, AyEs-132 Hf.,o [X; SiJ.;ADpleAste tleDret llfller (OII) d" l8 Oerr! Xftai AtlicrDdDArc-her Gturlch Mounarl Dellums Xogovsek gtanton
aadhr,tn OoldwBter lf,ontgoraer DeNudls f,afUce gtsrl
B.IaliE OooaUng Uoori------' Derrick l,3ntos EltokesEarnard OrrmE Xoorh€sd Derwinski lza.h gtnlton
B€relLer Grisham Uorrison- Dicks lrBoutillier StrrddsBedU IIrS?dom Uottt Dixon L€hmsn gcrift
Buley HCl, Rrlph Iy€rE Donnelly Llsnd g!,nar
Eowen EaIl. S.E Ntpier Dorgan lcnt TbukeBresul Eans€n (ID) xi"n"r" Domsn IJoD8 (Irll) Tts,xterHnkle!' Eansen (Il:f) Ogri"n Dougherty toni rlOl UdaIIB''owr (Cp) Bartnett Oxfev - Dowdt, Lsiy (WA) VeDtoBroyhill Hatcher 1>gr?n Posrtey Lu1an VolkmetBurEener Ituclaby I'8tnsn Plu"on Luten WakrenButler Eyde euulen Dunn Lundrne WalkerClrmpb€u Jcffords dhod€s P*vuI- tlartcy wshinStonCrrman Jeffrte6 nou.rts <XS) Dymstly Uarks watkiruCrmev JGnl.itE noUera tSOi DlBon leffilott Warman
th"pp.lt JohrEtoD Robhron Early. lf,trun (IL) Wceve,Chapple lcndness Roemei Eckut illrtsul Wcber (MN)
Cbeney Knrncr Rogers dcar ltrattox Weber (OII)
ClBusn Llgomar:Bino RJuss€lot Edsards (CA) ldarroules WeissClinger l,atta Rudd &nery ldrzoU Whft€colemm lr8th asntilxf PrgtS!, lf,cclckey whtuey
OoUins (TX) Ift S.".y"i [rgSl,f Xccurdy WiUia,r;s (M:f)
Cbm.eble L.litrs Strei. Ertrl l4cDgde WilsonCraig Livinaston Shelb] E[ans (tA) Mccrath Wirth
Cr&ne. Daniel I-oeffler Shumury Essr)s (IN) ldeHugh Wolp€
Danlel, Dan Irtt ShNter 

- 
Ib.y -- Mel(imey tVortteyDrrilel. R. W. Irs'ery (CA) Siuander fhscell lrice - 

WrighiDictinson LuSTen Skcen Fazio Uikulskl Wyden
Dreier - Uadisu Smith (AL) Fenstck Miuer (CA) Wi.tie
Edtr'ards (AL) Uartenee Smith (NE) Ferraro Minets yetcs
Edn'erds (OK) Xarth (NC) 6mith (Oi) Findtey Uinish frtronkler$n M8rttn (Ny) Snyder lish lf,itchell (MD) young (AN)
Erlenbom ldcclory Sotomon Fithian Mitchell (lry) youni rMOl
Eve,ns (DE) McColl.r,rn a Spenee tr'lorio Moakley ZablockiEvrrE (GA, ldcDonEld gtanceland FoSliettr ltouohrn Zeferetillields UcEnen gteton - Foley l[urphy
Plippo l[ichel Stentrolm Ford (MI) Uuritri

Ashbrool Dh&llB€srd trlcdlcrBenedlct BortoDBonlcr Eubb.rdBrool! Jatc3 (NC)
BurtorL John Lwlr
Crrne, PhtUp tf,ofrett
Dannemeyer Oatrr

hhfyrD
Prut
P!ppct
Feyr.r
Hrth."d
Roth
Thom.!
fullr m (OIf )

u t8oo
The Clerk announced the followtng

pairs:
On thls vote:
Mr. B€nedlct lor wtth Mr. Dtungell e8l8tn8t.

_-Mr. Phllp M. Crane for stth Mr. Jonee of
North Ceroltna egelnst.lfr. Drnnerreyer for rtth Mr. ![offetr
aa8tnst.

Mr. Prul for crtth Mr. Eortoa.aalnd.
^14r, Tbomes for slttl tlr, Wtllr.m o,
Ohlo ssatnd.

_Messrs. DOUGIIERTY, lf,OIJ.C>
EAN end WEITE changed thelr votee
from "aye" to "Do."

Mr. WINN cha^nged hls vote from'Iro" to "aye."
So the aurendrnent ms rejeeted.
The r.esult of ttre vote was a,n-

nounced as above reeorded-
rrErnvnfr ortrED rY E CAIESEI

_Mr. CAIIPBx:r.r.. ltr. Chalrmrn, I
offer an r.mendment.

Tlre Clerk read as lollowr
_Anenrnent offercd by Xr. Ceml_
ftee f, Une 6, strlte out ..e', rnd In*rt"Bcep! es provtded in p.rqrrph <31 of this
subseciloD, a".

Bgu_9, after ltne U, bsert the totrowin8:
.'(.6). Notwlthst8nding any other provldo;

ol .lnl6 lection to the contrary, r Eltateshich rould be eltglble for r iictrretfr
J9dgment under thl,s rubeecuon, but lor igfuarrm<f,gngs or event rUfcU renAereO- aniof such State's politie,l cubdivtsior tne6-
b_le rs a polltlerl rubdivlslon for aueh iTedarstory fudeEent, may obtain tfre |86u_
tnce of I declaratory Judguent under tnG
subsectlon lJ-

"(A) twotHrds of such gtrtct pollticat
suHivisions have obtained luch a hecfare.
tory judemenU and
- "(B) such Stete has Eede rersoDrble ef-
lorts to assure the compliancre of guctr
State's political subdlvirions Etth thls Act.--

Page 8, line 12, strike out ..(6)', rnd insert"(7)" in lieu thereof.

. tr 1610
Mr. CAMPBELL (during tJre read-

ingl. Mr. Chairman, t asf-unanimous
@nsent thet the nmeodment be con-
sidered ls read aad printed in the
Eecono.

The CHAIRMAN. IE there objeetion
to the request of the genileman from
South Carolina?

There was no objection-(Mr. CAMPBELL asked and was
griven nermission to revlse end extend
his remark-s.)

IVtr. CAMPBEI.r.. Mr. Chrirma.n,
when I announced early last gumr:lei
p!' suppepg for extending the Votfung
Eigt{r Act, I pratsed thJmemtle* oi
the Judiciary Comrnittee tor ttreii iiniu'ork in exploring ways to build astrong, bipartisan conaensus for ex-
tending the act. It is tt this sa,me spiritthat I offer my amendment toOay, foi
basically my intention is to bre;i;

cI
I

(ii\.-v
l
I
I

i

I

I

I

,

i
I



d
H 6967

wtll be bronght blck under prcclear'
ance.

In concluslon, Mr. Chalrman, I be.
Ileve the tncluslon of r felr ballout
mechenlsm ls essentlsl to glvlng thls
leglslatlon the ktnd of broad support
and momentrrm lt slll need to w[r Bp-
proval tr thls Eouse 8nd ln the
Eenate. Passage ol my amendment for
a modlled verslon of tndependent ball
out for State govemmentl wlll s€nd a
Eessage-an lmportant message-that
thls ls a falr blll 8nd one tJrat merlts
passsge by both Bouses of Congress
and the algnature of the Presldent of
the Unlted Stat€s.

tr 1620

Mr. WASIIINGAON. Mr. Chairman.
I rtse ln opposltlon to the amendmeDt.

(Mr. WA.EIEINOTON asked aad was
glven permlsslon to revlse and exterrd
hts remarks.)

Mr. WASIIINGTON. Mr. Chalrman,
I rlse ln opposltlon to the aurendment
offered by the geutlemen from South
Qg1'sllnn, (Mr. CeresErr). Desptte hls
good lntentlons, the a,Eendment sug-
gests a novel e,nd tJroroughly rsdicsl
departure lrom tbe lramework ol the
Constltutton. It would absolve the
States of gll responslbElty lor electlon
practices xrtthtn tJrelr borders. Thls
has never been done beforc. The lSth
amendment remalns wholly consistent
wtth article I, sectlon 2, and wtth the
seventh amendment in recognizlns
States-not countles or etties. but
States, as constltutlonally responsible
for vottng m"att€rg f,rlthln their bor'
ders. It would be extremely reckless to
a,ba,ndon thts framework ln pursuit of
nothlng Eore than an rDcil]ary polltl-
cal compromlse. Thfs b too funda,men-
tal an lssue to tle dlsposed of ln that
Banner, and I hope, on further reflec'
tion, that the gentlemsn's amendment
will be wlthdrawu.

We gave considerable thought to
this matter. and what has come out of
t*he Judiclary Qolmmlttss ls a very sig-
rltftca.nt compromise, a compromise
whicb goes well beyond court decisions
and well beyond the lntent of Con-
gress as recoexdzed ln the current law.
The curent law does not permit coun'
ties or other suMivlsions which are
part of covered States to bail out on
their own. the Conexess has twice re-
Jected such bs[outs below the level of
the States as turnecessary and lmprac-
tlcable.

Nevertheless, we have included in
E.R.'3112 an expanded bailout which
permits countles to eome out on their
own, even while other countles or the
State machinery remalns covered. Our
provision follows that contained in the
substitute lntroduced by Congressman
Hrou. Mr. IlvoB arSrued that it would
be fair to permit counties which had
themselves avoided violations to bail-
out separately. He stressed that one'
county had no control over another.
IIe also &rgues that permitting good
counties to come out separately would
create an incentive, both for other

rl

il'I
I
I

I

li
ii
t,

Ocnbr 5, 1981 CONGRESSIONAL RECORD - HOUSE

unfortgnrtc lmpasse over e.Il lssue I rey let the. proper reach of each
tfit-;ecd-;ot-divlde uc. The lssue lE Etete's autJrorlty 3emqln o questlon
iiiCtt Ci i State rhould be allowed to lor the courts; let uc hold e Stste thst
;;iia!gn for beltout lrom the edmtnls. wtshgt to petltlon lor-ballout responsl'
lratfve prsclet6noe portlon of the act ble lor dolng ell thBt tt can reesonsbly
tnOeperiaently of lts politlcol aubdlvl. be expected to do to prctect the rlght
slons. to vote wlthln lta terrltory.

My amendment r€pt?Bents an at- T'here ls another erSument agalnst
tempt to lteer a mlddle coqse E' hdependent batlout. Thk l,B the fear
tween err aboolute rlght of tndepend- that lf, s8y, r 8t8te and leverd ot ltg
ent ballout for States and tbe absolute countler suecesslully petltlon lor ball-
bar to such r ballout pr.eeent€d by the out, tbe mlnorlty voten ln the remaln-
cornrnlttee blll al lrif, now lsolated, coverd Jurtsdlctlons' I propose, qrqilv. tI* 1fll3 -*1fl *9$3 f"-".t th* !I9y_!q19-P*l-.!-tpetltlon for lndependent ballout, but 'adrlft wlth only the Federel Govern-
only lf lt meets two t€st8: nent to look to tor protectlon.

ftrst, es a threshold test, twothlrds Th1" vtew eur?rtses me, because I
of the State's subdtvlslons.Eust traJe, thought thts w-as the argument tn
elready obtalned declaratory $qS-' favoi of a bailout mecha'1gm tn the
ments 3rantlng ballout. fhE pLoI.dS ftrst place for States and countles, es
sn obJectlve rneasurement- 9I I qtstf'o well is ttre logtc behlnd re1ectlng na-
good falttt" lnq as 8D sddltlonal .aale' 6oneltzatton oi preclearance.
Cuard, holde a Stst€ to r hlgher stanal- I have amted str€auously egalnst
ard than lts countles. . . nallondtztng preclearance because ol

secon4 r stste xoust bave made_ree' tb; Gry -n -tnreat that such a etep
sonable elforts,to assure !19 Tll!11- woura 

-iataUy d'ute enforcement of
urceof tts suddstoq.fh4 b.1.F-f919 it""*Votr"inrgt t" act. Vloletore could
e State can ball out" lq Yrust sflu have iiien trfae-UeUfna c m.ass of covered Ju-
done all that lt can fatrlyle ex-pected. ;i;A;ittn& ivotaing tsotatton h theto do to protect the rlght to vot€l ,"otU"triitpuLUJelttentton

1*tHIiHf f#,H;"eo1*rge*C-gtt*SiH,"ff ;ti"i"',:t',111t:

(]

tndependent ballout for Stateg ls that ::::
ststes have e ottt orl'rIfir*i*-p"#rl Jurlsdtcttons wlth sood votlng rlghts

bilitv to protect vod;;"frsi8""iil 51g"d" from tbose that contlnue to

iHffi it$tg$'{Tif_,#ffiii*E'*}###,d
["#ffi. *i et"Hfi;;#ffit * ffF#:T#"*L 11,S"#I*f,1

[*H#-ffi$'Hffi;"*i"]Fjffi -S,F$.$l;flH#ti
5;gryg,ffig'S'i#:thrir$'",H*i,ilH*
ance, then" the stat€;U b"-;;;; ernment cannot cure or prevent every

as well. voting rights violation. That ls why

,u*rq*qHffi H:ffi #*fjffix#$ili'tr#if*ti.i!
ernments, tncludtng 6;fr.ffi, iI;; re-suirement of preclearance tn tbe Ju'
york, end ff"or.t 

"""iE.., 
ii'ii'"ffo.i risdictions that have not bailed out: tur

to force them to u*"*'fJ'tfr"fiif"ir*V fact, it would make Federal oversight
st"te powers over ttre-tianairl oi ;;n' more effective'
;;i$rt"di;tior,s *rttri"TtiiiU6iA"*. . There is another important point
--Is liit s;ntleman f-;-'Cnif'rri6 here. Independent bailout for States is
going to alX ttrat tris ;i;fearance be necessary if we are to give States a
ilop""ea on his nome S-taielo ttrat tne meaninef,ul incentive to.take posiLive

StitC gorCrnment oi California $itt sllens to protect the rieht to vote.
ei".t p-.essure on lts four couniio no* Under the committee Pill' " Stste h&s

covered? no incentive to review its election laws
I,gt us be reasonable. Ttrere is no evi- and its methods of election- As long as

aencl tnai preclearance was originaUy there is a recalcitrant county some-

impqseA on- State governments-unaei where in its terrltory' B Stst€ eannot
tt ii tt 

"ory 
of a St;te's tlenary pos er. !,eilout and thus has no lncentive to

State govlrDEents Weie coverld be- do_more than sit on the status quo.

cause t--trey sanctioned the use of dis- - 
lge do not need the status quo' Mr.

criminatory tests or devices and be- Chairman, we want change-for the
cause voter reglstratlon was under better'
onEnatt. Besidei, to rely on a state's Let us glve the state governmenLs
theoretical power to cuie every prob- somettring to work for-a reward of
lem to watc-h orer every local decision bailout for exemplary behavior and
ls unrealisfiC. This argument, more- positive actions to expand the fran'
over, fails to appreciete-or respect- chise, and a penalty for doing nothing.
the very real limitations imposed on And, of course, as an extra precau-
state govemments by home nrle provi- tion, we will have a probation period
sions ir ttreir constitutions. during which a'State that backslides

t



H 6968
countles rnd tor tbe Etatea, whtch
would then be able to locus thelr cf-tortr on encouraglng compllence by
those eounttc whlch remelned. IIow.
ever Do one suggested that tJle Stetes
rhould be taken out of ttre plcture rl-
together.

Desplt€ soqre nesenyatlons-because
thls expended ballout ls not really nec-
eRsr:y. rnd wlll lncrease tbe pot€DflBI
Dunber of ballout sulta-we eccepted
tbese arguments. We accepted them ln
the splrlt of blparttsan compromlse.

But no one, nelther Ilepubllcan nor
Democrat, throughout ell those dls-
cusslons, envlstoned the system 8u8ie8Led by tbe Campbell emendnent,
whtch would rrr.te the States no
longer responslble for the conduct ot
electioirs wtthln tJretr boundarlee.In discusslonf ruroundtrg tHs
arnendment, we have heard lreguent
references to something called home
rule. Eome rule ls e misnomer. It oper-
rt€s tn the Statee ebout the sa,me say
that tbe Congress ellows lt to operste
ln the Dtstrlct el Qelumlls Only one
covered Stete, Texas, has anythtng
even ln theory whlch approxlmateg
true home rule, where coundee are
empowered to perfom the leedslattve
functions othervlre perfomed by
States. Itr all other Jurlsdtcflons, the
countle ere dependent ln tbe Ststes,
Just as the Dl,strlct Ls dependent on
the Congress.

Ttrus, Eany State assemblles, op€r-
atiJrg rtn6s1 laws whlch contal' home
ru-le provislors, rcgulerly set astde e
county leglrlatlon day, when the Stste

I legrslature tr,kes up UtIs srhtgtr hgys
I been proposed on behalf of specflc' couDtles. These mey be mesnrres spe-clflcally spplylng to e parilcular

corrnty, or tbey may be laws of general
epplicBblUty from vhtch tndivldunt
counties rcquest speclllc exempflons.In short, wltl the ttreorettcal excel>
tion of Texas, and then more ln theory
than tn practice, bome rule means
that tJre State legislature continues to
be ttte responslble or controlllnS body
A home rule county presents blllsits Stat€ lggislature for the Stste'
consideration. Ilome nrle does no,
make the countles sovereign.

So b edditlon to departing frc
both accepted practice and from Hr
Constitution, tbe Cempbell enend-
ment would produce protracted lttiga-
tion and some ratber blzsrre resulto.
For one thing, 11 wiII be very difficult
to determine when a yiolation flosed
from a county provision to the first ln-
6tance, from a provision of state law.

-rrr as a consequence of e county'g ln-
terpretation or admfuiistration of e
State lew of general applicebllity. And
throtghout aU of this would remaln
the issue of whether the State tnew or
should trave known that it was leglsla-
tively acquiescing to a county practice
which violated the act.

For example, within the last year,
the State of Airtfia prssed e meas-
ure providiag for the appolntment of
city clerks as deputy voting registrars
upon the request of municipal govern-

CONGRESSIONAL R"ECORD - HOUSE &nfur 5, 1981

lng bodle& Thls law had the potenilsl
tor greatly tncreaslng the convenlence
ol reglstrstton, and the numberr of
Declgtcred voters. Ilowever, the leglsls-
Uon sa^r rwrended to exempt the ro-
called blacl belt counUee-those wlthvery dgxrlflcant black populeilona.
Tbe etfect wes to toreclose the possl-
btllty ol rddltlonal voter recjstrailon
ln those oountles" as well 8s the possl.
bltlty ol blacks belng mede deputy
votlnci regilstrlrs.

Anothcr exa.m.ple ol how ttrls oper-
rt€s, rgaln ln Alabcna, occured when
certaln countles, all but two of whlch
bad black mejorlty poptrlstlons, asked
t&e State leglslature to pass e reldentt.
llcaUon law whlch appUed only to
themselve& not to other oounttes.
Tttuq ln these couafle8, blgcks were
subJected to en addiilonal ba.rrler-ret-
dentlflcetlon, olteD st odd hours and
lnconvenlent locatloru-thet dld not
qppl,y to ttre rest of t&e State.
--I would also rcmlnd you thst ln eacb
of the coveredfitates, ttrere ls a tradl.
don of the State leglslature overnrllng
or preemptlng other Jurlsdlcflons tn
these matterr" Remember lt was the
Stae leeilslatures whtcb called constttu-
tlonal conventlqDs to disenfranchlse
blacks. So ln addition to the Cronsiltu.
tlon" therr l,s e hlstory of State actton
ln thls area I rm not suggesflng that
htstory would repeat ltself. The polnt
ls that there ls no such thlng es lnvlo-
late home rule by countles, not even tn
theory, much less ln pracflee. So the
suggestion that tbe States mlght bail
out, but leave thelr counHes behtrd, ls
wtt-hgut precedent ln taw, ln hlstory,
or ln'fa,ci.

Finally, f would remlnd you ol thehlstory of oornpllangs under the
Voting Rlgtrts Act. It h clear from
that record that where State attor.
neys general took e responslble pos-
ture toward compliance and monltored
t[s sulrnlsclons of countles and other,
lesser lurlsdlctlons, there have beeri
fewer nonsubmlsslons as well as fewer
objeetions by the Department of Jr.rs.
tbe. fhls ls true, for example, of the
Stete of Vlrglnta" where the present
problem exlsts because of acilons by
the State le8rislaturc, but rhere, lnpert es f oonsequence of responstble
efforts by past Btate attorneys gener.
al, there 8re very few objeetions-I be.
lieve ,ust four between l9?{ a.nd
1980-and ttre counties would be ellgi.
ble to batlout very soon

. By compartson, ln Georgie, shene
the attorney general r-ssumed lltile re-
sporuibtlity for monltorlng oompli-
ance, there rre a large number of non-
subrnlcsions rnd a signlficant Decord of
objectlons.

Thus, the record ls clear thnt the
way'to encourege compliance, a,nd toprovide an locentlve for bailout, bottr
by indivldual counties rnd by enfirc
States, ls to reject thls amendment
and adopt the expanded ballout prod.
sion contained ln II.B. gl12. The biu
eDcourages counties to comply with
the act, and does not penalDe themfor the conduct of other counties

whlch do not. At the sass ilms, l!
does not set uD e telse dlchotomy be-
tween countles and Stater, and lt does
not EaLe lree Stst€s out of counttes.
It preservs the tntegrlty of the Ststrs
rnd does not preCend tlrat tlrey are no
Dore thau e loose conlederiUon of
oountles-l vlew whlch f em eurre some
of the proponents of thle emendment
sould be the flrst to rerect.

I epprccl,ete the eenttments of the
gentlemtn lrom South Ca,roltne. I un-
dersta,nd whet he was ettempttng to
accompllsh polttlcally. and I under.gtand the leeaons why he hoped lt
wggld De helpfut to thls leglslailon,
rhlch he hea already tndlcated an ln.
tontlon to support. I eppreclate hls ef.
forts.

But lt tr clear to those of us who
heve consldered thls leglslailon closely
over tlme that hls proposal lg unwork.
eble, both as e matt€r of low and oI
poUcy. It sould mate a mocker? of
the Votlng Rtghts Act. It would need.
lessly tte up the eourts, to no one,s
Saln" It dlsparages both tJre mle and
lesponslbiUty of the Eitstes, and tn so
.dolng cuggests an absolutely novel a.nd.unprecedented departure 

- from thetConstltutlon- The Eouse sould have
no cholce but to defeat tt, Bnd I hopethat on reflectlon the genflema.n
mlght wlthdraw lt.

tr 1630

_ The CEAIRMAN pro trmpore (Mr.
BEnEyson). T'lre ume of the gentle.
man from rllnefu (Mr. Wesrmicrox)
has egaln explred.

(At the request of Mr. R.errssecx
and by srrrnlrnggs congeuL Mr. Wsa.
rnctor wes e,llowed to proceed for 2
addtttonal mlnut€s.)
![r. RAIIEBACK. Mr. Cbairman,

wlll the gentJ.eman yleld?
Mr. WASEINGTON. I yteld to thegentlernln from Illlnois.
Mr. RAILSBACL I[r. Chetrnsni I

simply want to thaot ttre gendeman
for recognldng vhet I thlnk has been
a very constructlve effort on tbe part
of the gentlernm from South C8rolina(Mr. Cemrr.l) and eome others tJrat
also worked very bard tn trylng to
fasb,ion r compromlse that ttriy trope
would enllst soae support ln the other
body. We rre rrot sure whst the otber
body LE going to do. But, rernnlless of
wbst they do, I want to crprecs tbat
no one had eny more stncere teelinc
&bout wrnting to yota for the Voting
RiSbts Aet rlth e reasonable bailout,
but sincerely believinei that the bail-
out mechanlsm sgpps6s6 by the com-
lllttee was not qulte good enowh al-
though lery constructive and very
positlve. I am glad the genileman ltr
the well recognizes hls contrlbutloa, so
I thank ttrsgentlernan.

Mr. WASIIINGTON. I rroutd be less
than falr and honest lf I not only did
not reeognize lt but ma^ke lt very clear
that I appreciate the genilemaris eon-
tribution, as do others.

Mr. CAMPBEIJ. Mr. Chairman, will
the gentleman yteld?

0



e

htobr 5, 1981

Mr. WASHINOTON. I yielcl to the
gentleman from South Carolina (Mr.
Cerranr.r.).

Mr. CAMPBFJ.T. I thenk the gentle-
man-end the gentlcman's argu.Eent
8re Dot wlttrout Eerit. f do not come
bere today to try to contradict him.

I do coEe here end ask the Bentle-
man to corulder once &galn the fact
that there ls Do real lncentlve lor cov-
ered Ststes today to go beyond the
letter of the law and try to do some-
ttdng to tmprove votlng rights. The
conoern th&t we have ls that there ls
no ligbt at the end of the tunnel.
If,rtrether a State has one or two recal-
cltrsnt cdUnties left, lt remqins oov-
ered.

The CHAIRMAN pro tempore. The
time of the Centldman from Illlnois
has agsfn explred.

(At the request of Mr. Cemsn.r and
by unanimous consent, Mr. Wesrrnc-
ror wsa allowed to prooeed for 2 addl-
tional minutes.)

Mr. CAlf,I,BEr.r.. The argiument
thst cennot be oeercome that the gen-
tleman meles, thst ln my mlnd ca,nnot
ovencome, ls the ergument thst tf
Etates should be totelly responsible
for their subdivislons, then why has
this same ar8ument Dot been made to
New York or CbliJornls, Ststes whose
subdiylalons are covered 8t14 hence,
should elso heve been subject to the
astions of the benefit of State cover-
ace to ovencome their problerrs.

I erent thet tn tJre past there were
specific prpblems that brought certaiD
Stat€s under the rct. New York rnd
Callfornia were Dot put under the act
because t.trey did Dot meet the criterta
for preclearance.

Elowever, I thlnk that it ls also very
important. that the States that are
now trying to come out from preclear-
anee and are applylng should be given
an lncentive to do so and should not
be eble to hide behlnd, and I empha.
size the term "hide behind" tJre argu-
ment thBt, "Well, we are treated un-
fairly. too, because Just look et those
other St^ates. they were not subject to
the sarne ergunent that was given
against us."

I esk the gentleman to consider that.
It i6 ln this rplrit that I offer this
arnendment, end this is my concern.

Mr. WA"SEINGTON. It is in that
spirit thet I have responded. I have
given e good dea,l of thought to it.

In tlre first instence. ttre States the
gentlernan cites did not corne under
the section { triggerirU mechanbm
trld that b historically true. It seems
to rne. ho*errer, $E lre Dot really on
point.

Whet se chould have before r.rs is
mt soae pereired lnstrlt to the
St&t€s. s(De hct ge holding, cr frr-
l,slrment visited upoo th€ Stat s" This
is not ttre tssue. I rrn Gert8in thaf this
Eras not tbe motivatiron for this lesisla.
tion ln 1965. Nor was this tbe motiva-
tion uhen CrtSrtss efi€nded the aet.

\['hat tJxey were @ncerned ebout.
and \r frat we are concerned ebout no\r
is to put en end to this long travail

CONGRESSIONAL R"ECORD - HOUSE
whlch hr. tlcd up thiB oountry over a,D
bsue whleh b ludlcrous rrd contradlc-
tory rnd whtch makee the Nation look
rcry rtlLy ln the eyes of the yorld. Wc
must retolve thlc lasue once rnd for
rU. I euggest re vote thl,B unendment
down-

lf,r. IffDE. lfr. Chalrman" I rise lo
rupport of tJre emendment.

Mr. Chrfrmrn, I Jr.rst sLnply want to
ley we have a ooncept[ I problem
bere on vhet ls tbc Dost elfecttve way
to oen up tbe elcctord process ln
areas tha.t are covcrcd- It aeemr to BG
oomhtxuEnse to belp complying couD-
tles get q.rt urd to lsolate tbe recalci-
trant couDEer, to ldentify tbem and
imlate theu, s€parstc tbem from the
other counUes lnd Jurlsdictiom thet
ue obeylng the les, both the letter
and sptrit end faus the bright light
of publlc oplnlon" l,egisla.tive rnd Judl-
cial att€nuon on tho6e coLttties thst
ere tsolated to for.c.e them to.Uve up to
the las.

This Voting RiSh-ts Act is one of the
most poserful laws on the books,
unused, I mlght Bdd, etrophied-
Whether Republican attorneys gener-
sl or Democratlc rttorneys generel.
Jhey have never used the.crimlnal pen-
alties, the 0f0,0,00 ftne, 5 years tn Jailfor harassing, obstructlng, intimidat-
ing people's right to vote.

It would Eeem to me that we eould
lsolate locallttes, furisdictions that are
abusing people's votfurg rights and
cend a fes people to Jail. It sould
have a great therapeutic value.

But U we insist on keeplng s State in
as long as e single oounty does not
eomply, we do destroy the incentive of
a St&te to try and comply and lsolate
only the olfending Jurisdictions.
Maybe twethlrds ls too high. Maybe
75 percent, 80 percent.

But will you Dot let a Stete out iJ
most of lts counties are out, and iso-
late those few counties that foree of
public opinion andd Judicial activity
ought to be directed aeainst?

I think we are making a mistake by
not dotng that.

Mr. CAMPBET.T.. Mr. Chairman, will
the gentleman yield?

Mr. IIYDE. I yield to my good friend
from South Carolina (Mr. CAIaTBFT r ).

Mr. CAMPBEr.I.. I ths.Dk the gentle-
man for yielding.

The arguxreDt the gentJemrn is
making is, of course, the ore I have
made many times agalnst n8tioreliza-
Uon, a pcitjon some of my friends
that have pushed it very hard" b8sicel-
lV beceusc adlonaliretion &es, in
fact".dilute cnforcement. But rt tny
trme tbat you can rllos r county, rnd
so&e ouDties ln ay State sere re
ferred to lD eallier debate. to be lost in
tJre whole c@t€xt that the Stat€ is
under, ttrcn the spotlight is spread end
it does Dot focu&

The Spntlsman is fbsolutely right.
Our effort is to try to focus that spot-
light- I tbink it irs important. I think
tie point ttre gentleman made is very
important.

H 6969
Mr. HYDE. You focus the spoUEht

of rttcntion on enforrgement rnd you
nf,rrow the areas where you need to
dlrect lt, end you can do lt effeetlvely.

I yleld beck the balance of my ilme.
Mr. SENSENBREMER. Mr. Chatr-

man" I Eove to strlle the requtslte
number of rordE, and I rlee tn opposi-
tlon to the sfiiendment.

(Mr. SEI{SENBRTNNER asked end
EBs Slven permisslon to revise and
extcnd hls remerks.)

Mr. SENSENBRENNE8,. Mr. Chatr.
Ean, I rtrc tr opposltlon to the Cemp.
bell amendment. koponents of thl,s
uendment heve suggest€d that be.
cruse of home nrle provlsions lt ls
unfair to make States responslble for
the action of their countles. ID fact,
Statcs heve broad eontrol over the
election pnocesses of thelr countles
md other eubdlvlslons and rrnple au-
thorlty to lnsure compllance wlth the
act aDd rn end to dlscrimlnetlon tn
votlng.

In my own 6tate of Wisconsin,
which has a very strong home nrle
provision, approxlmately 80 percent of
the decisions made In the procedure
for conducting electlons are done pur-
suant to the State law and only about
20 percent of those decisions are made
at the local level.

tr 1640

In Virginia" the State attorneys gen-
eral have been aggressive fun monitor-
ing local furtsdietions' submission of
election law changes, Dursuant to sec-
tlon 5 of the Voting Rights Act. As a
r"Eult, there bave been few objecttons
ln Virsinia and a substa.nttal number
of them have been the result of
statewide rather than local changes,
auch as the recent obJectlon to the re-
dtstricting of the Ylrginia Etate
Senate. On the other hand, tn States
where the State government has taken
s less eggressive role, Buch as South
Carolina and Georeda, there has been
& history of nonsubmissions by local
Jurisdictions.

And often fur those Ststes where
home rule ts supposed to be strong.
States under tbe guise of bome rule
may pass local laws wtrich ar€ discrim-
inatory irr fact. In Alabama, for exam-
ple, according to materlal supplied to
the committee by tJ)e Southern R,e-
gional Council the legislature passed ales regarding the appointment of
deputy registrars. Elowever, rn exemp-
Uon was grsnt€d for r oumber of
countles in tJre so-ca,Iled blact belt,
based on requests from county govern.
ments. The6e rre ounties ln whlch
blscks rnate up e erbstrntirl portion
of the populatbn but have been rou-
tinely excluded from tlre pol.itical
Droc€s6.

There was ted,imony belore tbe sub-
committcr that is set forth on pcge 16
of the committee report, end I would
tike to quote 6re pe,r8grapl1.*

Another Alebrrne Eitness coDln6t4d re-
ktentifhatbn ' 'llc, rhe.ne the burdel rrs on
elections officials" c.9., Jefferson Count)'.

,,
I



II 6970
rnd rh€r€ the burden ras on thc,yoter. c.8i.,
Chocotrw Cbunty. ln Jefferron County,
rrhlch hrr a bl&I, representatlve ln the le8-
taleturc, the overall reglstratlon for blr.Is
and whlte8 lncreased by l0 p€rcent follow-
tng the l9?0 voter re-ldentltlcstlon. Ia Choc-
trw County, whltc tlClstratlon decllncd by
32 pcrcent rnd black regrstratlon by l? per-
ent lollowlnS the 19?8 vot€r rcrcalstr8tloD-

So here there waa a dlfference ln ap.
pucatlon at the oounty level that was
based on a State las, ln a, supposedly
home rule State. Even where home
rule exists, Ststes have the euthorlty
to overrlde such provlslons, to the
extent necessary, js sllmtnate discrlm-
lnatlon by legislation or, ln some rare
ceses, by Etate constitutlonel aurend-
Eents.

It also Btrlkes me as tronic, Mr.
Chalrman, that at a tlme when the ad-
rnlnls[,1gflgp And many ln Congress are
urglng that Federal programs should
be turued over to the States, there are
Members who assert here today that
the States are lncapable of dealing
wlth 8 problem as basic 8s votlng dis-
crimination at the county level.

Finally, I belleve thgt the emend-
ment deals with a nonproblem- If e
Stete arrives at I polnt where two-
thlrds of lts countles are elleilble for
ballout, there wlll be great po[tic8l
Eomentum tn the State for ellmlneh
lng dl,scrlmlnatlon ln the remaining
countles so thst the State wlll be able
to bsll out. I beUeve that tn these
cases, the rrenalnlng one.thlrd of the
countles wtU be those that have the
record of ttre most egregious vlolations
of the consUtutlonal right to vote. In
ottrer words, the best two-ttrtrds of the
cDrrniles would be eligible to ball out,
thus exemptlng the State; and the
worst one-thlrd of the countlee would
stay under and, consequently, there
would be no pressure at the State level
for tlrem to clea.n up thetr a,ct.It l,s not Decessary, nor ls lt fatr, for
the State to ball out before the Job i,s
done.

Mr. FISH. Mr. Chairman, wlll the
gentleman yield?

Mr. SENSEMRENNER. I yield to
the gentleman from New York.

Mr. FIEII. I thank the gentleman for
yteldins, because I wolrld Just like to
congratulBte him. There ls llttle to
add to what tbe gentleman sald so ef-
fectlvely.

It does seem to rne very clear that ln
l8?0 the Congress recognized the
Ix)wer of States with reeard to the ex-
ereirse of the franchise. Because why
else would thls body, when fashioning
the lSth amendment, have included
the Prohtbttien-

The CHAIRMAN pro tempore. (Mr.
B:rr.r.r5eN;. The time of the gentle-
man from Srisconsin (Mr. SrarsslrBnxN.
rn) has expired.(On request of Mr. trIsH and by
unanhrrous eonsent, Mr. Snrsrnrnng,r-
rER was allowed to proceed for 2 addi-
tional minutes.)

Mr. FISH. Tbe Ststes are mentioned
specifically lfi the languace of the
15th amendment, along sith the
United States and are prohibited from

CONGRESSIONAL RECORD - HOUSE
ebrldatB the rlght to vote. 8o we rec-
omlze ln that document that Etat€s
heve an lmportant fundsrnentaf power
tn rcgard to the franchlse. I thtnk,
dong wlth that authorlty goes the re-
sponslbl[ty of Etstes to protect the
rtght to vote. And to b8ll out a state,
It reems to me that tt ls golng much
too far to esk u8 not to conslder States
reaponslble for all unlts of government
crlthln thelr terrltory. They too must
meet the exemptlon crlterla. As the
geniletDan !o ebly sald, to do other-
xrl,se would perElt s Stste to &bdlcate
Its trsponslblllty over vottnS. Eecond.
cleerly we all know that lf a Stst€ ls
bsled out, lt would trave no lncentlve
to work dfllgently to eUmtnst€ dlscrtm-
lnatlon nemalning tn €overed countleg
which obvlously would be the poorest
countles, the Dost stubborn countles,
the ones that have been ln vlolatlon
for the longest tlme. I thlnk we do a
great rllsseryice to vottng rlghts lf we
accept thls amendment.

Mr. EENSEMRENNER. I thenk
the gentlema.n fron New York for his
coYnrnents.

Mr. CAMPBrx.r.. Mr. Chatnnan, wlll
the gentleman yleld?

Mr. SENSEI{BRENNER. I yleld to
the gentleman from Eouth Carollna.

Mr. CAMPBT:r.I.. I thank the gentle-
man for yieldlng.

Mr. Chalrman, I would only polnt
out that Ey amendment ln lts Senate
Eectlon does requtre the State to do all
that ls reasonable wtthln lt6 power to
e-ssure votlng rlghts. The first part
sets the two'thirds threshold- 8o I do
not at all eccept the ar8ument that
the nmendment does not make the
State do everythlng that they can be
reasonsbly expected to do wlthln thelr
power to do. I accept thst as the
6tste's responstbllity.

I would only bave to ask, though,
the gentlema,n from New York" who,
of course, wishes to keep the States
f1s6 lqlllng out, lf he by thb same
token lntends to vote to put the State
government of New York uuder pre-
clearance because of the fact that tt
has counties under lt.

Mr. FRAIYI(. Mr. Chairman, I moveto strike the reguistte number of
words, and I rise ln opposition to theqmendment.

Mr. Chairmen, I think the emend-
ment would be not only a Srave error
but a turnabout of such dazzling pro-
portions that lt mlght throw people
off balance.

The notion that the States should
not be held responsible for the behav-
lor of their politlcal subdlvisions on e
matter as lmportant as the rlghts of
people to vote seerns & llttle btt blzare
ln a year tn whtch we have decided
that the States ought to be tn almost
total control of the subdlvistons tn so
many other areas. The House voted,
for lnsta.nce, that the States wtrl have
complete control of the small cities'
comrnunlty development block erants.
The llouse has voted ln area after
area to subject the poUtical subdlvl-
slons of the country to total State con-

Octofur 5, 1981
trol wlth regard to the expendlture of
Federal lunds.

Now ro dectde, havrng put atl of thf,s A
block trant power lnto the States, end f ,
havhg glven the States all of thls con- a
trol, tbat ln fact, on somethlng llke
votlng, the Darent-chud relailonship
of the Stst€ 8nd the poUtlcal 6ubdtvt.
glons ls golng to be trarumogrllled lnto
B klnd of dlstsnt couslnshlp, I thlnk
does Dot show proper rcspect lor the
lmportance of votlng rtghts. U ln fact
there ls goine to be thls vlew, and tt l,s
certalnly the legsl vlew, that the State
ls the responslble entlty here, vls-a-vls
the subdivlslons, thts certalnly ought
to be an lmport€,nt enough one to hold
the States to lt.

Now, the questlon ls, I guess: Should
the States be able to bail out whlle
some of thelr subdlvl,slons are silll Lrn
noncompliance?

\f,/e are told that the amendment
does say tJrat the States will have to
show that they dld thelr best. If I
have ever heard e poteDilsl for dlffi-
culty, lt ls there, where Federal offi-
clals crill now sit ln Judgment on
whether the States dld thelr best vis-a.
vls their counties.

tr t{50.
The Eltates ere lega.lly responslble

and have the legal power. We have en.
hanced the trcwer of the State over
the politlcol suMlvlslons at almost
every tunr this year. All of a sudden
wlren we eonsidei votlng rlghts, e Of- f t
ferent set of rules ts supposed to I I
8pply. \

Mr. CAMPBFI.r.. Mr. Chalrman, will
the gentleman yield?

Mr. FB,AM. I yleld to the genfle.
man from South Carotlna-

Mr. CAMPBEr.T. I thanI the genfle.
man for ytelding.

I wish to male very cleer I qm not
opposing the fact that the States
should utilize every power that they
lega$ can- But I have to continue to
go back to the question. and I pose the
question to the gentlensn from Mas-
sachusetts, would the gentleman argue
that lf the States have this ulttnate
Ircwer, then Mrssachusetts should be
under the Votlng Rights Act becauseit has $even subdivisions lnder the
Voting Rights Act?

Mr. FB,ANK. No; I would not, al-
though I am glad the gentleman
brought that out. I meant to say to
the gentlernnrl from Illlnois before
when the gentleman from Illlnois
brought forth the statistlcs on the losr
percentage of turnout ln Mnssachu-
setts that f represent three covered
communlties. I am sorry we have a low
voter percentage. I want my courmuni-
ties to stay covered. I i:rvite the genile-
man from Illiirois to come wlth me in
the next election and help me lncrease
that turnout

I would certainly like to see lt
brought up. And if the genileman
would come up and attack me, we
might get the turnout up ln those



Ocbbr 5, 1981

erers and I would certalnly rppreclct€
the fevor.

Xr. ITYDE. Mr. Chelnnar\ vlll the
gentlema^n ylejd?

Mr. FRANI<. I yleld to tbe 3enue-
man from lllinols.

Mr. IffDE. I thanl t&e leoileman
fqr ylelding.

Would the geatleman Jotn ne ln a
move to brin8 tlre Statc of Xasrchu-
cetts under this ect end under pre
cleannce so thrt the Governor or the
Senrtorr from the gerrtleman's Statc
can ulr ttreir lnflucoce to get recalcl-
trsnt counties to rhepe up rnd obey
the law? Then we wlll brlng h Gover-
nor Cerey of New YorL. we will bring
New York under the rct, rnd Gover-
nor Brown of CrUforaia- And rre will
have r tldal wave.

Mr. IB,ANK. I hrve to recfeim my
tlme. I cannot yield my time for enu-
aerrlloa of errcry other Stete. Before
the gen+Jemrn iings, "We'tr Tble MeD-
b8tt rL" I yould llke to get back qr
the lssue.

I bave to eg.y, witJr reg:ard to Ey
Governor rnd the leeilslrtue, they
eeem to be beylng enowh troubtre wltJr
oongreqslonal redistricUng. I do not
want to burden them further. As far
as ertending tJre act to Massacbusetts,
m. I & 6[ thlnk lt ma]res nense for
tle rersoo-vitlr sblch I thought t.be
gen0emra a*reed-tJrat we sbould not
univerealiae ttrts act.

To unlversrlize tlc rcL I tlrlnk, ls to
mate an error by rn&klng tt uaenfor-
ceably cu&.bersone.

Wtrat re are taltlng about ir tbat no
State ls now under the preclearance
provision unless lt met the standards
that wereset dow:r ln the act. We are
set hrkrng here about brtreing new
entitles under the ect who have nevsr
met the standards, because I thought
the gentleman a^greed sith us that
this Eould clog the processes ln a way
that eould lnterfer wtth the proper
focus.

So, no, I do not thtnk ttrat anybody
who did not originally Beet the stend-
ards or tras not fallea tnto the point
where they meet the standard out to
be broW:ht under this act.

f do weleome the fact my communi-
tles are covered by preelearance. I amglad they are going to haye to eonre
dotrTt here and visit me ln the Distriet
of Cblumbia. I do not Tant to reaker
that proees one lota, so I eannot
accept r-trat the lentleman from
South C\erolina says. Ele s'ants us to
say to the States, ..Do your best..,
Under the Constitution of the Untted
States tt is very clear that if the States
do their best, they will succeed, be.
cause the States have under our Con-
stitutlon plenary po\r'er to eontrol the
behavtor of thelr subdiyisions end the
notion that the poor States rill try
end trt' and fail ts simply fanciful.

The CIIAIRMAN pro tempore. The
tlme of the gentlem&n from llassachu-
setts (Mr. fh^NK) has expired.(By unanirrcu! consent, Mr. Fh.ercK
was allowed to proceed for 1 additional
minute.)

CONGRESSIONAL RXCORD - HOUSE
l&. FRAl{t. The uotlon thd thc

Strfc. rre :otf to try rad beg BDd
weedle ad crrole but ttre nsty old
conntlc urd thc Bart, old tosDl lrtu
not 81ve tn slmply daa mt .onnply
wtth lefd r:allty. The Statee have the
po$er to do tL Tlrere het been I lot oftslk about lncentlves, about Eypallng Ststes teel nlce p Qrey vlll
treet pcoplc bettcr. The bert berrttve
we can gtve ls to sBy to the At8t€s,
'There [s no ballout urtll you prtcb ln
by trstrg yo.rr uadoubted mstjtuilon-
al unchrllenfed poeer to stop tb8t di}
cdndnrttog rrrd ttren you crn ball
out."

Urs" CEISEOLM. lfir. Ctatrasn, I
move to strike the requlsltt nurober ol
rords.
_ Mr. ChdrDaD. I ftall Dot be very
long.

I roufd Uke to lry tbla I hrve heard
3 lrcat, 6I of rcdereace tht. rft6-
aoon b thls Cheobcr to tht r.n d
thc ucd coppt@l*. xov all ol us
lnow tlrgt orfontce L ttrc ltltb€st
of dl rrts. ll ls tbc ce,rdtnrl DdDdDb
oD vhlcb tlls Nrtioo b hdlt, beceuser Natlon thrt' b r.r vrrl4;ated ead es
multifecetcd es thir oouDtry ls rcc tJle
oomlrronlee fces! rt rrk cvery dry
tn ttte dilfcreut Efdoas" the dlllercot
cmuunft,ie1 tad ttrc cltte+ becruc tt
ts r Nltlon cmfircd o( rll Lto& of
Groupi rad pcQle d dlflercat ldesfo-
etes rnd pttroophfec &lt thre eomes
r point rtrea re bve to Ecognlle
thet we can rx) l@ger bl vlth po
ple's humra rtehts or vottag rtShts blt
by blt. Wby rtro"'td certda rp3nent6
of tbe sdcty hrve to rrtt rrGtl soue
polnt ln tlme wbeu tbose who rre br
!-uthorfty and ln outrol tr thls rccietyftnally ^ke ttrc doctsloD +Drrt tt a
Umc to rcdty Do"e rnd bre Gquttr-Ulity rrose tr.c board h term of
eothg rtcht&

We conrtrntly t€Bd to !o rbd the
bttsbess 9( rxlng dlfad Ectla-
nisros end ieumat +tth la hor to
dilute the potsttsl quttrbtrft,y thtt
r.e need r,nd must beve h thls cor.rn-
trv.

First ol aU" re know thet aection S istruly the lifeblood o{ tb€ yoting
Rights Aet e.rrd thet the evtdence
bears wttlte63 not to tlrc g@d records
of Jurisdctlcr nor uoder ractlon s
boverrge-ttrere b I morel respons{Hl-
Ity hcre-ht rather to thc ooUnning
need for csrerage.

The brllor*, provirio tD E-R. gl12
eroer rs fer es pocdble ln allorlng
those Strtes a"Dd th6e h.U$es rlth
clean recmds to rernov:e ttrenselves
from scctlsn 5 covereSe

A State sbould a,bo&rtety Et be sl-
Iowed to batl Cut rql€as rll of tts coun-
ties heve cleur r,ecords. becaae I be-
lieve t&at Stat€s do hlrre r constitu-
Uond and a Drrl rcsponCbflLy to
lnsure thst th€ focrl goverrr.atat
unlts rmder thelr Jrrisdinton rreet the
Etardards of ttre ectIt ts tmportrnt to r€rnenb€r that
this secUon b eimed at e wry perilcu-
hr problem, not r prr{cula.r State,
nor a partlcular reeion. Section 5 is

,uEt desEDed to Eonltor thoee Jurl,s-dlctldn wt0r r hlstory ot voth, db-crlmlnrtloa. rBd rny' esrcodlnent
rhlch rtttaptr to rerken the bsllout
irnda.rd. by rellevlru States ol thelr
obllgrtloru to tnsure tbtt rlt dttzens
wlthln ttrelr boundrrlcs crn beely ex-
erctre tlre coDtltuttmd rlght to vote
rhould be defeeted, because we rouldbe rbout thc hdm o( novtng
torerd regedoa rrrd r*rqrc.sloD ln
thts country h tenus d I lufp seg-
Dent of thtr eoctety.

Mr. LIIXGRE. Mr. Chelrman, I
move to strlke the requldt€ unrnber of
vords.

-Mr. CbaIErD, vteo re rrc trlllng
about tbls ssctloa ol t&e b,ltr cfiie-
ttnes lt ls rettrer dftcrrlt to dctcrmhe
on sbrt level IIe are tr&tng: tt re-
mlnds me of what ![rne(rte @e" Eatd
sbout d€aIn8 wlth the people.r Re-
publlc of Chlna.

I wu edvired thd tley t8y sone-thhs oa orr lercl rnd we hrve to
flgure out wbrt tlrey ere rerllSr raylog
on another. I was r:mlnaed ol thai
when during the last vote I talked
wlth some ottrers on the floor and
tftey nf?rtloDed to Ee thrt thc, yere
extremcly concemod !.bout rhrt rlll
happeo to tlls lesldstb ora lt gets
to the othcr bdy.

And r I rcooCda thrt 8r rc dcbate
this. some beUer the best qoilrting
rt8nce tbey cen hrve gotnel lato e on.
tercnee DEGttEc h tlre ltrrre ts tbenat lrqrcled blU pctble, era tt'this
may requlre thca to epc rone
thlnes rtrlch tbey believe to bc rrea-
sonable.

I suppce th8t b a tudfrnetd, oae hasto make: Theth€r y-o1r go rloE Bnd
support, that or rhetber you e,ttenpt
to farhlon what you belierc to be the
best posstble blll on this tloorr and
then fieht fot that ln confereoce.

But bevtng arld thaL lt seens to me
that we errght tp look at tJre merlts of
tJris particular lneDdrnent and see
whrt it really does"

There h.s beeD some talk eboutttpe Ste.tee gh.icb rre parUy oovered,rnd smre trlk about brindng aqv
Stat€ completety fur uader preclear-
ance lf eny setion b covered Tbat er-gunent l,ri lrade to oc whca I sasfirst coatrqrt€d Eith thb qresr.iep.
There EEre arSueeDts by mrne people
from tbe &ep Southern Strtes ttret
trey rere belng trerted unfrirly, they
were befung trerted differenily thanthe rest of ttre sgrrnft.y. Therefore,
they ugu€d g,e ought to atilonrlh lt.

After looklng et tbe facts and thepertinent cesel t ras absolutely coa-
y-inced, as ttre Suprerne Court was,
ttret there hd beeo r hbtoricd pa1-
tenr ead prsctlce of dscrlmtnalionrlth respect to vottrg rkthts tn thceue!s. Becauae d that hlstory. the
@urt ellowed and tave a consfltution-
aI imprinatur to prectrearlnc€, sWI-
gesting in the alternctlve that it would
not be proper to have other ereas of
the country eovered.

H 697r

o

f-r

I

I



H 6972
8o, what do se heve? We have nlne

8t8tes lD the country thBt 8r€ totsUy
covered-Alabarna, Alaska- Arlzona"
Georgla" Loulslsna, Mlsslsslppl, Eouth
CaroIns" Texas, and Vlrglnla. Those
ere tbe only onee that would be sffect"
ed by thlg ballout modlflcatton.

Whlcb otber rr€as would not be af-
fected by tblg? !9hlch other Bress
beve preclearence lrr sone eectlons ol
thelr lurlsdlctlon but are not oovered
totally because they dld not have a
hlstorlcsl pe,ttern rnd practlce? Thlr-
teen of them- Therc l,e Ca[fornla. In
Callfornla we have 68 counttes. Four
of our countles are covered by pre-
clearence. Ia Colomdo there are 83
countlea. One ls covered- In Connectl-
cut, out ol 109 townshlps, E ere cov-
ered. Florlda" out of 67, E 8re covered.
Hawall, four. They have lour rurlsdlc-
tlons. One 18 covered. Idaho, one out
of 183. In Massacbusetts, I out ol 312.
In Mlchlga,n, 2 out of 154. In New
Ilampshlre, l0 out ol 223. New York, 3
out of 62. North CarcUna" ,10 out of
l00.SoutJr f,)rkota, 2 out of 07. \tryo-
mlng, I out of 23.

tr 1?00
\f,bat lt sugBests l,s that those Stetes

are betng treated differently. They
have tJre eame obUgatlon recently re.
fered to requlrlng tbem to do every-
thtng tJrey can to eredlcate lnjustlce
wlth rcspect to tbe votlng rlghts, but
evldently, under our deflnltlon of
what ls requlred for preclearence, they
hsve not done the Job ln parts of thelr
particular Jurlsdictlons.I wondered when I was confronted
wlth thls how I, as a cltlzen and a Rep-.
resentatlve ol the State of Califorala,
could say to one of my brethren on
the tloor from Alabama" tUnska. Arlzo-
na5 Georgta" Ioulstana, Mississippl,
South Carollna" Texas, or Vtreinla"
that qy.State ought to be treated dtf-
ferently than thelr State.

I accept the fact that they were
brought into preclearance for the past
hlstory of dlscrturlnatlorL but b.ere we
are saying lf the State does everything
It ca.n to cleanse ltself under oDe very
hlgh standard end two-thirds of the
counties do everythinC that they csn,
should they be kept ln because there
are Bome recalcitrant countles \rlthin
their States? U we do not want to
treat States dlfferently, then I would
have to a.sk my colleagues, why do we
not put the other 13 States under
that? But we know why we ca^nnot do
that. If we do that we would be
strengthenlng tbe law to death.

Tlrls same argument can be used
here. If two-thlrds of tJre counties of
some of these Etates have a pure
record and lf the State bas a pure
record. why are we wastlng the time of
the Justice Department and the courts
to rel'lew the submisslons as they
come ln year after year and tskinC
away their attention from the truly re.
calcitrant and bad Jurlsdlctions?

Now, I do lGt ttrderstand why we do
not use that same argument in this
context as easlly as we have in saining

CONGRESSIONAL R.ECORD - HOUSE
t consensus fSslnst e netlonallzatlon
oI the preclearnace requlrements
under ttre Vottry Rlghts Act.

I would suggest that we look et thls
wlth Bn open mlnd.

Mr. CONYERS. Mr. Chelrman. I
move to rtrlke the r€qulstte number of
wordg.

(Mr. CONYER^S asked and was glven
permtsslon to reylse and extend hls re.
marks.)

tMr. CONYER.S sddressed the Com.
Elttes. Els remalls wlll appear here.
rlter b the Extenslons of Remarks.I

tl[r. EMmE ot AlBba,Ba- Mr. Chatr-
man, I nove to strlke ttle requislte
nunber of words. I rlse tn support of
the Bmendment.

I want to Bdd my support to the
rmendment offered by Mr. Cewaur.r.
to lmprove the provlslons of the
Vottrg Rlshts Act eo as to provide an
lncentlve for Stetes and local Jurlsdtc.
tlons to prevent votlng rlehts vlola.
Uons. Tlle comnlttee blll" I feel" does
not provlde for tbe necesssry lncentlve
for e State or local Jurlsdlctlon to
closely monltor lts electlon procedures
to provlde for l more open electoral
proce$r. Tlrere has been nuch prog-
ress under tbe Vottng Rlshts Act for
whlcb we Bre tnsnkful and we must
lnsure thst tlUs progiresll conthues.
Tbe abl[ty of I Stst€ to ball out ll
two-tJrtds of lts Jurl,sdlctlons bave
balted out does provlde the necessary
lncentlve tor local sltuatlons whlch
mtght be dlscrlmlnatory.

As a Republlcon, I am lnterested ln
lurtherlng tbe rlghts of mlnorlties ln
thls crltlcal area. I want the black reSi-
dents of my dl,strlct to rest nrsg3s{
tbat tJrelr votng pdflfegBd wlll not be
abrldepd but that tttlr prlvlleged pro.
tectlou ylll be enhanced by the addl-
tlon ol tbls amenrlment. I urge my
fellow Members to support beightcn-
ed mlnorlty yoter protectlon by sup-
portlng Mr. Cenarr.r.'s amenrlment.

Mr. CAMI'BEr.r. Mr. Chairman,
would the SeDtleman yield?

Mr. SMITE of Alabama- Yes, I yteld
to my colleague.

Mr. CAMPBf,:r.r.. I thank the gentle-
man for hls @mment.

I wonder lf the gentleman ls aware
that there mlght be a situatlon wbere
lf the State tras no ability to bail out
unless every cbunty tn itre State is
then clear and where the State may be
attemptlng to get a, county to change
Its actlons, the legal efforts to get a
county to cha.nge lts actions through
the Attoraey Geueral resultkrg fut a
consent decree would then protect e
State from lqlllng out I wonder if the
gentleman lB eware of tJrat.

Mr. SMITE of Alabama- Yes, I a,rr
aware of that. It does not seem logical
to me that lf two-thlrds of the Juri:sdic-
tions ere permltted ball out that the
State not be permltted.

Mr. CAMPBE":r.r.. If the gentleman
would yield 1 minute further, ls the
gentleman also eware that the two-
thirds does not allow the State to bail
out, nor does the reasonable effort
allow the State to ball out? Is the gen-

Oetofur 5, 1981

tlemEn i\rare that the Stete cannot
even petltlon for bdlout and the op.
portunlty to prove that lt has com-
plled wlth all the other provlslons ol
the act untll lt meets these condliloru
that are ln my emendment?

Mr. EMfTE of Alabnma- Yee. I aur
aware of thet

MT. SAVAOE. Mr. Chelman, I move
to ctrlke the requlsllp nrrmlsr of
words. Mr. Ctralrman, I rlse to support
wholeheartedly the extenslon of the
Votlng Rlghts Act-and, I urge tts tull
extenslon, slthout e slngle one of the
weakenlng or Umlttng propogals before
u8 today.

Today we etr faced wlth a aertes of
votes teEtlng whether thls body stlll
clalms eDegrl8nce to the prlnclple that
every cltlzn has the rlght to vote ln
electlons free of tsf,lmldgtls& end free
of contrlvanoea deslgned to fnrstratc
or water down the rtght ol tranchlse.
As a llfelong clvll rlghts estlvlst, I
fuly knoc/ end appreclate tJte hpor-
tance of exteDslon of tJlre Votlng
Rlghts Act, for I have been ln ttre
forefront oI the strugBle to secure for
my people those baslc elemental rtshts
and prlvllegeg that rnnJorlty Amerlca
ta,kes for grsnted-

In thfs democracy of ours, one of tJre
most cberl,shed prtnciples l,s ttre rlsht
to vote. Indeed" the rtetht to vote l,s the
cornelistone ol our form of govem-
ment. Ttrls betng the case, efforts to
subvert thls rtght should and mtrst be
vlewed as e troDtal assault on t.lre tn- ^t€srtty of our Government. ttre re- ./ )sponse to whlch must be Btrong reme- i )

dial actlon. \-
It l,s lndisputable fact that for ma.ny

decades marty Ststes and locaUtles,
more ao than not located ln the Soutb,
expended great efforts to deny blacks
thelr rlght of franchlse by resort to
ylolence, lntimldatlon, and nefarlous
tactlcs. It ls equally lndlsputable that
many of these same Jurlsdlctions elso
resorCed to underhanded tactlca to
dilute the lmpact of tbe blac&, vote,
thereby rllmlnis[fug the constltutional
principle of one mnn, one vote.

Thls widespread pattern of votlng
abuses perpetrated agernst blatks fi-
nally led Congress to pass the Voting
Rlghts Act of 1965, legislation that
has been characterlzed by Benlamln
Ilooks, presldent of the NAACP, as
the "slngle Eost effective plece of civil
rights legislatlon ever passed".

Now we are here today to vote on ex-
tension of thls leeJslation. There
seems to be llttle question that this
legislation wlll pass ln some form- The
greater questlon ls tn what form.

I take thls opportunlty [,6 1grnlnfl my
colleagues on both sldes of tlre alsle
that the very reasons Stving 6tut'5 1.
this legislatlon are the very Earrre Fea-
sons lt Bhould be extended without
weakening nrnendments. Ttris law has
proved somewhat effectlve tn broaden.
lng black partlcipation i"1t 

" iiritiil"r ' l
process. In Alabama there are now 238 \ -

black elected officlals, when back in
1968 there were only 24. In South



Octofur 5, 1981 CONGRESSIONAL RECORD - HOUSE H 697it
NOES-S18

Pqllett }llnetr
Foley MlItLb
Ford (MI) Mltchell (ID,
Ford (TN) Mtt hell (llf)
Fountr,ln l[oalley
Fowler l[olfett
h.nl( lllotlnrrl
fren el .Mollohst
Frcst Morrbon
l"uqur Xurphy
Orrcla Xurtha
oryd6 Nrtchcr
Oerden8on Neal
Ocphirdt NeUlgrn
Olbbons Nelpn
Gllmrn Nowll
Olnarlch Oberstrr
Olnn Ob€y
Gllclmrn Ottlnger
Ooldwrtcr Prnettr
Oonzrt6 Pstterson
Cloodlltu Persc
Oorc Pertlnr
OrrdhoD Petrl
Orry PlcIIe
Orcen Portar
Ore3g Hcr
Ourrlnl Ht.hltd
Ounderloo PurseU
Edr (oF) Rrh.u
EBralltoD R.U!b.cI
Ermmerschmldt RsnSet
E.ricc nilchford
Errtta R.cuff
Bat her Reusa
ErB,klns Richnond
Becklcr Rlnsldo
Eefncr Rltt€r
Eeftcl Robcrt (Etl)
Eendon RodLno
Bert l Roc
Eightoser RocDer
Euer Rose
Ellltr Ros.nthd
Eolland Rost Dlowsti
EoUenbccl Rotb
Eolt Roul'aa
Eopklrl! Roybel
Eossrd Rrrsso
Boyer Srbo
Iluckrby Aantln
Eughes Sevafe
Eunter Sawycr
Eutto Scheuer
Irelsnd Schneldcr
Jrcobs scbrocder
Jeffordo Schulze
Jones (OE) &humer
Jones (TN) S€iberunA
l(sstenmeler EeDs€nbtuner
I<e*n th8mrDsky
Eemp sharmon
Ellde€ Strrrp
KoaovseL Slrtron
Kramer Skelton
IJantos Emtth (IA)
L€ach Smlth (NE)
L€eth Smitb (NJ)
LBoutlUler Smtth (PA)
Irhman Snowe
I4land Elnyder
L€nt Solarz
I.€vits Sr G€rEalIr
LirlnSston Slmton '
I-ng (L\) Starl,
IrrTy (WA) SLaton
LuJm StenholE
Luken 8tok6
Lundine Etrs.tton
litarkey Studds
Merks Swlrt
D[arriott Synsr
DdBrtln (IL) Thuke
MBtsui Taurln
MatLox Ttaxler
Mavroules UdoU
Dd.Lz?,u VanderJcct
Mccloskey Vento
l(ccurdy Volkmer
McDade Walgren
llcEwen Walker

C
Caroltne there are now 238 black elect- l lng stronger ln thelr hatreda eJrd more
ed offlclals, when back tn 1968 there threatenlng ln thetr lgnorance. Addrbbo
were only 11. In Georgla there are Do not change the nrlea for we who AL!I.
now 2{9 bleck eleeted offlclals, when- only Bo recently have been permltted s +lbo"q -
bsck ln 1968 there were only 21. These' "Beat at the tsble. Do not change the flT"T;T'
ere but a tew exBmples of lncreased ruleg, ea ln the poker geme where a lnarewi
black tnvolvement tn the polltlcal stranger drew e royal flush 8nd Annun lo
procesE that can be traced to enact- reschad lor the pot, only to be stopped ||:Tg-
ment of the Votlng Rtghts Act. by another player who held s 3, 5, 6, 7, iffir,'"*

Whtle I do not pretend to be satls- I, mlxed sult. Alklnton
fied wlth these r€sult6. nevertheless J "What ln the heU ls that," the ll-c,".!l-..
arn Bomewhat encoufri;li ff-lliil i gtranser protestd, as ure otneibravii 3ll[l [f8'
hope these gtatlstlcs portend aome- polnted to a slSn that had Ju8t been B"-; -

thlng for the future ln teruis of black placed on the wall behtnd the strang- Bcdell
partlclpatton lrn the polltlcal arena. eEE slgn that resd, ln lnl stlll wet, ff}ijff:

Let us not emasculate the Vo6ns that 8 "3, 6, 0, ?, 9, mlxed sult 18 8 ;;;;;-
Rlghts Act Jtrst Bt the tlme when ln. fangdangle; and a fangdangle ts the 'lcLruter
creiastng a',i"5s6 of blacks and El,s. hlghest hand of a,ll tn thls house to- BiS.f"panlcs are Uegtnntng to realize the po- nlsht."
tengels tnherent ln the bodv Do1tlc. uo not be unfalr. Do not change the 3ffiH[. .
Iet us not send yet another 

-mlxed rulee whlle we are Just leerntrs qt9 3:iP.
slena,l to mtnortttes who belteve-wlth SBEe' 19 not rlp lrom the beauttful triffi:good ,rutUtcatlon I mlght edd, that labrtc ol our democracy, such an e8- tilr-
[rus U6av [s es leactlonBry as the occu- sentlBl thread as thls law, the shln- BonJor 

_

pant lrc [tre Wtrtte Eouse. nlng protectlon of our equal rleDt to HHrT.
Extcnslon of c strong Vottng Rlshts vote.

Act ls cructat because e century of .r'tie vote ts our volce, end to rtp lt BH*f,.
court b1t61es unaer thi fittr anO istti away wlll not merely expose black na- Bro*r (cA)

amendments of rhe iffiiiiiru;;;; ke{ness t,o the rawhld.q lhlp, gr Bf#il?fiirr,
duced only occaslonel pyrrnlc vtcto?i& racism-lt wlll undress all Amertca's . ;il;* "
of uneven-appllcoqon iiittonwiae,ftrG vltals before the subzero danger of fas- cirr'8n
act quthw; - 

uterecy 
- 
tests end pon ct9. cirnev

taxes, and tr requrres rffiiriilr|Ii My Jeltow Amerlcans, please hear 3[.#y
ance 

'Of 
a;1y v6ttng ctta,ngJ 

-tn ttrqse me today-e^nd' I thank you. 
",.i--States enO tocattttes that ha've system- tr l?fg m*

BilHr"i:Hiljff.r*"hrserrghtor rhe crrArRMAN pro 
t_.?oT_ 

(lg ffi3,*,

rn:ffiffi,X5;!69:,p 
-ffiH,;*fffit,trt** 

trg#
[i?:"J#533,PHff H3#tuff"i:r,:t#ffitili*;Jt'#tr-;ffi ;;tHrff h:.It exists ln response to a realtty. And --'-_::1'-:: * 

crockett
thls reality ls that some States and ^.--:Y--'-*'_ _ D'Amoura
some Jurrsdictro.,s stf,rmirfgt"m . M". cAlrpffiH-Ilf charrua,n, r daI;c;
the efiec6vensss of th; b[cti vote b; demand a recorded vote. Daub

resortlns to such aevri!s"#s?fi;#. A recorded vote was ordered. H'L*o.,,"
derlng ira switctri:eg io at:taiCiG- ,The vote was taken by eleetronlc p""r""a-
trlcE] - : device, and there were-ayes gE, noes *lt -:

Mske no mtstate about the import .3]3' not voting 25' as follows: **:1"
of this legislation. What we wiU ao Y tR,ou No' 23e' Der$inski
here today has real as well as symbolic /\ AYES-gs Drcks

value. re[ us rlse to the occasion *d '^r"n". Grat!.m rryera 35il"r,
reaffirm our resolve to protect the Bodham crishan Napier Dorsan

Icht to vote for eyery american cui. Bffiil Eff.1ffin 3tii"5 Hffi}"",?EIl- Beiedtct .Hall, aani oxley DocniyAll feasonable persons agfee that B€viu ttsrBen (ID) Ptrrls Duncar
this law traS been One Of the most ef- Bliley Haren (rrT) eulllen DlJm
fective and needed ever adopted by BLIi?", Irsrtnett *XSf;."", BH:lr,this august body-and most fecogrtize Broyhut Jeffries RobtnsoD pr.son '

that violatlons and lntentions to vto. Bursener Jenkins Rosen Erly
late rt persist, and a_re pfAEq gI B*,1;',,", l",lHg Rorerot tr!*prevented mainly by the present 6il'"ip"rr r-esomar6ino shes Edsgrds (cA)
method of administerlng this law. chappie r.aita shelby Edr.BrG (oK)

But, of oourse, you already have 9L"-1"v L€€ shumwav Emerv

heard all the racts ina tigur"i"rn-in; 331i,*'lk, Loerfner Slij'.s:, mn
debate. I Jlrst want to plead s'ith you, con&ble Irsery (cA) Bkeen Err€l
ny dear colleagues-to plead not only qt*s llrnsr'€n Smith (AL) El'as (DE)

ln behar ot my own- hard-plq".qa SHi!i,H"' ilflT* gil'*Jf"' H:ffi[i'^]'peOple, bUt fOr all AmeriCanS: Black, panier. n. W. Idartin (NC) Spence Er.m (IN)
White and brOWfU Dtckinson Marrtn (try) Srenseland Fery

We must protect everv niecq of our #nf ilSi!il- i'"'rff ffi;"ldeals, more today than ever, because il".ia" <er,r McDonatd r::rble Fenwick
antidemocratic, antiequality, and antt- Emerson Miller(oH) wampler F.enero
people fogfs rtn our Nation &re eur- Erlenborn xontgomerv whitf,hurst Ftndley
ienity ree?ins on our irustrations ano f;iJS il*fi".o y}*f?"", ffil,*drinking of our dlylslons-and becom. Forsythe t[ortr F-lorio

Mccrath Washlnston
McHugh Watktns
McKinney We.xman
Mics Wetver
Michel Weber (lIN)
Mikulskl Web€r (OH)
MlUer (CA) Weiss



o
H 6974 CONGRESSIONAL RECORD _ HOUSE @totur 5, IgBlWhlt Wolf yrtmny.h!r.r w;fu l:h?l151 31r"""$r1rilir.,:jl.r estabrlshed to ,rhai u w.o9rd be lmportanfto haye a 2.Whlttrief Wortl?yq'uemai* w;;iii zrurEri-' nqe-venasoodrecoia"1T6jli* L':lfffr:At$t"ffiffiffi;;[i*iif;sl*' slfl:" ?EterctLt *t"ffi*E ll,r*: fiffi;l'l/ ffsffitl:Hif:ffik*:*i,J"*Wlrth ytte!

Nor vorrxo_2' *iE{&IrrFiH: #r,{.,.sfil"fi?t tna:*"li#[:im;"#,g"#[i*Alhbrcot 'Drngetl P'sh.yan than-be.lng rble -to-apbiv-ln iCbz-oiiea i'iiiin" census ltse,. lB€rrd ralcdter petman on thelr -record trort-tSit that 6 t}or" 
tn"tance, tbe Depart6ent hadBonler llortonBroo,G 'uluaio", *lqi S".i1:8r".::11"":i+illG::U *lfH."tJ*#t,fl#mi,Brof,n (OE) Jon€s (Nt

8-Hli?iix Hil* st,irff",o", Slll%"nlJr"'SlJ"lif r:Tll,}f dimfgX$*,,d#li;,anuaiiE)8,nnemeyer t n8(MD) d;; i;;2-y;'i*ri,;

;" """ Hi:::"-":: 
$H:u-lrfffitrffiH#: li

palrs:
On tbls vote: Meny of us, because we
f,dr. phtHp tl. crane ior. wtth lur. Patmen up ln- congresslonal ra

saatnst. aumed that rll redtstrlct:

ffi il'"# ";;ffi il+ffilH*ti,S"wfffi / r&+*."'rrffixmr
{+:5**Hr:,'*:*''$,ffi#.:,#}**mf.j?;l?"[ti[ii#i[#m#*:tT-fi
,,,fr1i"0'Etl,ii "ff olEI was en' 

H:ff Iffi ;*:"ruigf";;iilHt l{JJ""J:'fti ffiltgi*;, wru rheEr r?30 /li"r?Soj;.XI[!X:TX" or that. mv senuemanyrerd?

-ffiffi-#"HH,*?* { ffi,:,1T,:,xh1",:',X"r.m:'i"ir'T ,"H;t8fi"?:,'f,,ff"['m#,"jf
offerannrnend.ment. -- \ tr," effective dste-ana;"rd-#d; . Mr. EYDE. Does the genueman

The clerk read as follows: .\ lurtaicttons to iue-tor 6;it""f;#; have_a communlcatton frod the Jus-
- Amqgdment offer€d by Mr. Luncnrr: nage \ the provisions of the curent taw tlce. f)epartment that I am Dot priw to
3, strike out llne 6 and att that follours lexpire ln Augusr. sowever, rn t*m HI*.*rri:?l;ffir.ifiT%H*51ltr:through llne g and ins
?ha'[ ;ubsecu'. - - -Hg,;.;il*;ffi 

lifi$ffi,Fffi$ m*=$iu''fr,;$"h *-
Paere 8, ltnc 23, Btrike

tion mr,rk BDd the perior
Pase 8, after line 23, i
"(7) T'tle t?quirement

l\ct that certain votine qualificatiil;; rr! )words, the Jurisdlctlon could proceea Mr. EYDE. Ee has left the Depart.
requisltes to voting. or standards, praetlces lto Bttempt tO bailout eXCeDt futn re- ment, Mr. Chalnrran.
or procedur€s not be enacted or-soxsht to lspect to any redtstrlcttng tf,iegtsfdUre _.Mr_. EpWARDS of California. Andbe adminlstered without the declaratow l rices ttra[ -woura uJ-p-Gfi;?;;ffi stanley pottingei
j,dgment <tescribed it'!!t section "t St lisSo cen"rrs.-ft"r"ioii"th?rfr,rft: ur. iryor. Both are former Assrst-s:rbmission to the Att
&:ribed in that euctio-n"IDrf.1,.?[ffi,$ ln"Xr:t g*ii#iry#,1#1,'S* il'-: rlry,:i# f;;ii"*i i''i ',,' "u'"apply, rith respect to
tion, prereq'ristti, stanaaro', p.""[rci-or o-- lJeetion that w8s raised by a number of Mr. EDWARDS of California. That
crrdure that arises out of redistriclng -ar6 

f FeoPle from the civil rights eommuni. Is cornect. And I have hsd no commu-
r(lapportiomxenr of congresslonal distriets , t!-, nication whatsoever from the present
o:: the state lesisl&ture based on the lgSo I In alt o_ther lnsta.nces, however, bail- 4tsFtg"! Attorney Generait in-chargecrtnsus' to I plaintlff that obtsins I declara- | out -would pr"ceuo--ri-i;ffiiyl;- of civil rightst()rv Judement under thb€uhsection Just rs I steaa or &,Ciilil" fi;i"dictions to - Mr. rryDE. I have, end r am in-tlrough such declaratory
bt)en so obtained.,,. ' 

'udsrnent 
had not 

\w?it. -fgr-2 9or; v"ari: 
J-' ---vt'Y'ry vv 

formed that the Department would be
Mr. LUNGREN {rr-rrlns rhe.read- }i t#t.#f 

11,"r:ff;ffil,T#%'? ff'J:SHT.ti'.':ifrt,f"l"lili:irrg). Mr. Chairman. I ask unanimous ilere Uiouiht u6- ;ii;lril our discus- ther delay as the genileman has so re-consent that the amendment be con- sions- ln su[co"lilittue -"iia 
"o-.rrfti.", 

sourcefully rqserted.sidered as read and printed in the inirwouro6d;;;rt'tottJeiten- ur. EDWARDS of caliJornia. IRpcono.
..rhe .HATRMAN pro-tempore...rs :ilft#d:H3B*& 

"r,ro*ia. 
Mr. :HIL:TiSll]??ffi;i:*f,il"*Tftttere objection to the request of the cnairman, iGu-i" opii.ition to the one. r would suggest that the two wit.gttntleman from california? amenrrment. nesses r refer to have had actual expe-Therewasnoobjectlon. rtteiuuidmrrtittee end the commit- rience 

-with the workload resulting(Mr' LUNGREN asked and wuls tee. consider;A ah;;- dternattves- trom rerristricting &nd respporilon-given permission to rr
rris remarr".t -- -- '":" :o 

extend 
tl,ilili,,trr.iit,r,T"f,l?" :lr:,'::: ml';l"Fjfll**,t*ti*#,*r'll*;Mr' LUNGREN' Mr. Chairman, this I waiting pe.ioa. -artbi-due 

conslciera- had moie experience.arnendment ls a rather simple amend- I tio.,, and.arter teitjmoii tro^ p.Li'i- Tne 6xarnMAN pro tempore. Thement dealins with the 2'vear effective I "". 
' asiistani --Ati;;;ys 

. General qr.rtloo is on the amendment offeredda.te. As my cettDalues [now, tt " Uiff I U"ior" tne iuUcor"miG"l
ir,'r'##"T,fl'j*ri',Hnr#"'r?il# :,fr*Hf,r"fffi:{s'H,t#Tft$i#,JJ::,:,"",I;'M'

t

\;



l, ,,,u

r--

i

I

(^:

AIITTDET ortr!D !Y n. ll^lllrrrr I mlght not know the exSct trueMr. EA.R,TNETT. Mr. Chelnnan. I meanlng of the word equallty, but I
offer rn unendment. cBn tell my colleeSues e6out iitrness.

The Clerk read as follows: And my c6tteagues csn ttst€; to ;,
_ Amcndment ollered by Ur. IIARTNETT: e@ent and I g:uess my eolleagues knoi,
Pr1le I, stdl'e out llne t errd e:lt thrt tgllgwa where I am tlom. f ini from gouth ofthrough the cnd of llne e rod lruert tn Ueu ttre Irtason-Ofxon Une- So f Suess nythe tolloslntr:

That sub€ecuon @U9lg!.les nsy s8y thst makes me
prge f, etteiune t.9. lDlcrt the tollortn.: pleJudtced.
(8) by luerttns "or-fn eny State-wlttr-r;: My colleegues must feel they should

.p€c,t to rhlch no deterulnruon has been keep the heel of ttre Fbderal Clovern-
hr'de uDdcr rubeectlon (b) of thlr lcction or ment on Ey Decr, to see that I shed
S,:y.,f*H*TIs,H:u1,fiiL"fS -Wt#*:fjg, UtgJ tn,8 act 16 aupeam:

IX*f,f*" succeedrns par&srsphs ec' Sm[Yit[#ffiillffi"t;['*:
Pase 8, eft€r llne 28, tnsert the follocrlnn: ance tnSt t&ey elso ere welcome to be(b) Scction 6 ot the VotlnS Rishts Act ot enfranehlsed rnd bave tbetr ballotlq$ b rnended by lnecrung ..or whenever counted and be able to reAlster to vote.tStst€vlth rcsp€ct tovhlchnoplohtbttron WUat wi at.tssyid-lo our black

ffif.i:t ffi "sf"? HdmLF:t gB,rS.*jdt*n"H"-ffi. iillelfeet ahrll enact or recl
votlng qurlur"ruons -oi "fiffi'fiiLlt, coruln, and WashtuS:toD, we ar€ not
vouru, ol rtrnaar{ pra"tt6,-oiproceaure Beally conceraed gbout their votlng
rllth lesp€ct to voung duter€nt ftoE thrt tn rlshts, because ell of thelr elected offi-
force or effect on the cbte of 0he enactment clals are pure, but those of them whoof the Act entltled .An Act to e^mend the hold pubiic oifice tn Soutn Caroffna"Votlru Blehts Act of tO65 to cxtend .rhe a, itr-e--aGtf11gui"ted 

-Aefeest€ liofi
;"i#, s#i",,H,*l"ffi,tl#:,"i*l washi;,q6;""8i!"""o to t-hi8 sfte;-
;November t, lg?2,-, noon" ..we are conceraed about

, Mr. EARTNETT (durlnS ttre read- ,tlff, I submit to tbe dtsflneulshedlnc)' Mr' chelrman, I aak unanlmous g"iitii-i""tiffi unors thst blackcoDsent, thet the amenrrrnent be cr
eidered es t€ad alrd prlDt€d h tt'- people have not made progress t0 this
BBcoao. 

;o. us Pru@ rll r,ue gol+try_only becsuse oi ttretr brethren
rtre iserRMAN pro tempore * -lLi"&tr|rli ifr:,ffi"ffi*ffiH;there obJection to the request of t

-?-.- genuemen from South Carollna? ^7^ql lnd breadth rif tirts fena, EnE-i( i - rnere was no objection. b m f,:tr,fl"f'riifiBrrf"m#
tr 1?{0 ) under the preclear.ance Bection so that

Mr. EDWAR,DS of Califonda. y(co:ttinued proSress cen be made.
Chalrma,n, we have Dot seen e copy of r am anxious t9 hear the areument
the ernendment. agafnst my rmendment. My cOlleaSues

Mr. SENSENBIIENNER. Mr. Chsir- are golng to eey, ..Oh, but it wlll cost s
man, f reserve a polnt of order. !ot." My c{Ileagues tneaD we spend btl-

The CHAIR,ffAn. e poht of order llons for defense but not a few pennies
has been reserved, an0 lt h requested for votfurg rlghts and civil rights? And
that a copy of the amendment be pro- my.. colleagues say but the paperwork
duced for the chairman of the subcbm- will be insurmountable.
mittee. I say to thls body that we probably

Eas the gentleEsrt from South use more peper Lr Washtneton, D.C.,
Carolina (Mr. Ile.arrsm) additional than all the other netions of the

Oetobr 5, 1981

copies?

man, could the Clerk read the
ment.

The CIIAIRMAN. The
read the cmendment.

CONGRESSIONAT RECORD - HOUSE

world. A feu sheets of paper to keep

I say to this body g'e have rusily ap-plied ln this act a bailout provision
which means if a State comes under
the aet and submits to the Jusilce De-
ps,rtment that it has no problems, lt
will be from under the Vottri'g Rights
Act shortly.

all you have to do ls prove that you
8re. -over 18 years of ege, that you
reslde tn the Stste ol \f,rbcon8tn. Eow
doee one know what mlnorlty parttcl-
petlon ls ln the Creat Etat€ of Wlccon-
stn? Ftom a oensus count. lrom en
actual count of mtnorlty voters it thepolllng place a,nd on the record books?

I am saylng tor too long we have not
brought ln dl of our black brothers
and Blstrrs ecrogs ttrl,s country utd
ssld to them, "We car€ !,bout your
vote, too," and ln Utah, ..We care
about your votc ln OreSlon Just as we
care about your brothers'and slsters'
votes ln South Carollne- We want you
also to have the squnt protecilon of
the laws ol thls great Uutted States of
Amerlca 80 that you know that no one
wlll tamper ylth what l,e your rlsht to
cast a ballot free lrom dlscrtnlnailon,
free from herassraent, that you can
welk ln and reglstcr to vote and look
lorward to some day holdturg public
offlce to r State which exerclses no
preJudice and no blSotry."

I am saylng to the genfleman from
Mlchlgan, I want to hes,r your argu-
mertt wben you teke thls podlum to
tell me why you want to extcnd the
act ln tlme, but not ln boundary. I
want to extend tt ln boundary and in
geography. I went the same mlnortty.
member ln South Dakota or North
Dakota to have the protection that
that man or wornan ln South Carolina
or North Carctina ha.s. And the genile-
man mtsht 6ay I ryn Boing to stren8ith-
en lt to death.

EIow can thls gentleman strengthen
e law to death?

The CHAIR,MAN. The time of thegentleman from South Carolirna (Mr.
Eenrrrsm) has expted.

(By unanimous consent, Mr. Eenr-
rErr was nll6ss{ to proceed for B addi-
tlonal mlnutes.)

Mr. IIAR'TITETT. Mr. Chairman, I
am going to be really lnterested ln the
argument that ls golng to be put forth
by those of qy colleagues who look
down their noses at those of us be-
cause we happen to have been born in
the cotton fields. AII of you are privi-
leged, but we are not. You will say it is
too costly, you wiU sey it does not
need to be extended because we arenot prejudiced. Billions for defense,
but not e nickle for voting rights end
clvil rlghts, wfil thst be your batilecry? t

There will be paperwork. But w[l it
be the burden of the oourts tn thisgreat bureaucracy of ours? If you
come under and prove you are clean,
under the bailout provision which has
so Justly been inserted in this bill, that
new State c&n come from under tmme-
diately, but ln the event one person,
one person, was being dlscriminatcd
again-st in his right to register andright to vote, think of what we would
be dolng here today by extending this
act to cover all 50 States of this great
Nation. We would be assuring tha[ one
fuodividual we 8re concerned about tris
right.

Mr. IIARTNETT. Mr. Chairman, I someone from casting a ballot? And
left 25 coples at the desk this morning. my colleagues wlll say if we bring BU

I apologize, Mr. Chairman. I thougtit the Ststes under this act what a great
r provided an &mple number of copies. burden it ts going to be on the JusticeMr. SENSENBRENNER. Mr. Chalr. -Department.

Clerk t*'l

we have not been a.ble to come up wltti criminating, they will remaln under it.

Mr. IIAIITNETT. Mr. Chairman,
believe I understood the Chair to s
there was no objection to my u
mous{onsent request.

I had asked that there be no
tion to reading the amendment,

But tn those States where they
cannot prove they 8re pure, where
they ea,nnot prove they are not dis-

In Massachusettrs-we have heard eIot about Massachusetts this after-
noon-we do not know how many mi-
nority voters there are because they
are not required to put their race on
their vo[er registration card. And ln
Wlsconsin, the great independent com-
monwealtb and republic of Wisconsin,

a copy.
The CEAIRMAN. The Clerk wilt

read.' The ClerkjErod the amendment.
i Mr. HARTNETT..MT. ChAirMAN. I.r- ' might noJ know a lot ebout law but I

can 6peal( to my colle&gues at length
about justice.



T
I

H 6976
I want to hear the gentleman's argu-

ment. Mr. Chalrman. I want the gen.
tleman to tell me why lf he wants to
Btr€ngl,hen 8nd cxtend the votlnS
rlghts, whlch ls really s clvll right, telt
me why we cennot do lt for all of the
Amerlcans tn thts country. TeU me
why we cannot extend lt to the far Pa-
clflc Ocean ell the way from the pure
South Atlantlc coast. Thst ls what I
want to know. Tell me what ls wrong
wlih guaranteelng vottng rights and
ctvil rtghts to every Amerlcan, not be-
carue they Uve ln e dlfferent geo-
graphlc dlstrlct or orea, but to Ameri-
can6 everjrw'here, a rlght that has
Justly been given to my people.

I want to share th&t rtght wtth the
people end I want to hear the arcu-
ment that those of my colleagues are
golng to put forth Jrxtlfying not
strenSthentng tbe lew.

Mostly we pass lawr that are Bo
strong we do not bave to worry about
them. Now we FaJxt one that is not so
strong?

Mr. CONYERS. Mr. Chalrman will
the gentlemaD yleld?

Mr. EARTNETT. I wlll yleld to the
gentlema,n trom Michlsan in a
mlnglP.

I am looklng lorward to the gentle.
man's @ntrlbutlon which I a.rn confl-
dent will be meaningful as always.

I wa.nt tlre gentleman to explain to
me, I waot the gentleman to explaln
how he could Elo back to Mlchiean and
say to hls people, "I am co,ncerned
about the mlnorities ln Soutb Carolina
but not so tc Oregon. I a.rn not worrled
about them. They have got good elect-
ed offtclals out there, They will tske
care of tJroee people but those Suys
from Soutb Carollna we cannot trust
them-"

I am concenred e,bout the mtnortties.
I say to my colleagues tt ls ilme that
\re extended thfs r[ht to minorltles
everryherc ln this country and I for
one. one poor lf,ember from South
Cerolina" thst land of bigotry a,nd
prejudiee, I for one wa^nt to hear the
arSument the gentleman ls gotngl toput forward ln opposition to thls
amendmenL

The CTIAIRMAN. The genUeman
from Srisconsin (Mr. Srrrsrarsn.Bnrm.)
reserves a polnt of order.

Mr. AENSENBRENNER. Mr. Chalr.
man I wittrdraw qy point of order and
I rtse ln opposltlon to the ameDdment.

Mr. Cbatrman, I would be delighted
to teU my dtsflngufshed colleagu.e tom
South Carollna (Mr. IIeanwT r) why hls
amendrnent ls a bad one.

fil5 lmsnrlment ls a bad one simply
because lt would ralse serlous constltu.
tlonal questlons of the validlty of the
entire Votlng Rights Ast. Itrhen the
Supreme Court of the Unlted States
upheld the Votlnc Rtghts Act ln 1966,
fur the case ol South Carolina agairut
I(atzenbaclr, lt stated that the section
5 precleareng> Focedures were tal-
lored preclsely to meet s specific prob-
lem for whlch an extensive record of

CONGRESSIONAL RECORD - HOUSE
evldence had been ema.qsed by the
Con8ress ol the Unlted Eltates.

And I polnt out to my colleague
trom South Carollna that there are Ju-
rlsdlctlons outslde of the South th8t
are covered by rectlon 5 preclearance.

There 8re more people recldlng ln
New York Clty who are covered by eec-
tlon 6 precleargnce than ln the entlre
State of South Carollna. The gentle-
man may recall that the electlon for
mayor and ctty council members and
other clty ofllclals was postponed by
order of the Justlce Department ln the
courts beeause the sectlon 6 preclear-
anee procedures had not been com-
plled wlth.

The trtggertng method of thls act
has natlonwlde eppllcatlon and ls de-
slened to tsolate tlrose aress where
speclflc problems occur, and that ls
why certatn States ar.e eovered, certabl
countles aJe covered outslde of cov-
ered States.

So, lt ts not a discrlmlnatory act. It
does apply natlonwide. The adoptlon
of the gentleman's arnendment might
make the Voting Rtghts Aet unconstt-
tutlonal under tJre l(ataenbach deci-
slon.

Mr. EAR,TNETT. Mr. Chairman,
wlll the gentleman Srleld?

Mr. SEIiISEIiIBREXVNER. I yteld to
the gentleman lrom Soutb Csrolina-

Mr. EARTNETT. I tha.nk the gen-
tleman for Srleldlng.

I cornmend tbe gentleman for the
valueble contrlbution wblch he has
made to tlis act end to E8.ny other
bllls thBt have come r nder the Judicl-
sry Cornmittee.

I ask the gentleman lf he ls not
Eaylng ln fact wheu the court ruled 12
years ago, or more now, that there
were extraordlnary condltlons whlcb
existed at that tlne h various areas of
our country? Is the gentleman not
saylng now thBt that situatlon has not
changed end probably ls not going to
change for 10 years. U Bnything, tt hes
remained tbe same'or gotten worse,
but ln other areas of the country not
covered by tnts act, lt has probably
gotten better when ln fact perhaps in
the last 15 years or more lt may bave
gotten worse ln other aress of the
country which have never been cov-
ered by thi.s Bct and would not be by
granting of the extcnsion or true ex-
tenslon of tlre Voting RiSbts Act cov-
eri:cg all of those areas?

Would that not insure it would never
get a^ny. worse and always be good ln
those areas of the country where at
that time an extraordtrary situation
did not e:<ist?

Mr. SENSENBRENNER. Whether
tblnCs have gotten better or worse ls
purely a subjective determlna,tion, and
beauty ls tur the eyes of the beholder.

I would point out a substantial per-
centage of the total objections that
have been made by the Justicc Depart
ment under sectlon 5 of the Voting
Rights Act have taken place since the
last extension of thet act was enacted
by the Congress ln 1975.

Octobr 5, 1981
The record that the Subcommlttee

on Civll Bnd Congtltutlonel Rlghtr of
the Commlttee on the Judlclary hes
amassed ln l7 daye of hearlngs. wlth
over 100 wltneases, very clearly dem-
onstrates the need for the extenslon
of thts act wlth the trlggertng method
that . bas been contained ln the act
gince lt was origlnally enected by the
ConSress ln 1965.

Mr. HART}IETT. U the gentleman
wlll yleld further, could the distln-
gulshed gentleman from Wiscongln
SJve me the perrentage ol mlnortty el-
gible registered vo[ers vensus that of
whlte reeGtered eUglble voters? Does
the gentleman have that lrom the
Etate of Wlsconsln?

Mr. SENSENBREMER.' In the
State of-Wtsconstrc we do not even
have reglstratton ln most of lts areas.
One csn walk tn rnd vote by declarlng
that he ls over 18 yerrs old, a US. cltl.
zen and s resldent of the Stet€ of Wls-
consln for 10 days.

I ano certaln the,t the State of South
Carolino and other Stetes do not havd
tbese kinds of open registration proce-
dures. They work gulte well.

Mr. EARTNETT. Could the gentle.
rnqn tell me the percentege of partld-
patlon of mtnorlties verstul that of
whlte majorltles ln the electlon proc-
ess h tbe 6tate of Wlscorxtn?

Mr. SENSENBRENNER. I do not
have those statistics off the top of my
head- But ln terms of total elieible
voters, turnout 8t the poUs ln the
State of Wisconsln" wlth our reefstra-
tlon law, we ranked fourth or fifth ln
the country ln the 1,980 Presidential'electlon.

Wisconsin had somewhere in the
neighborhood of e 65- to 68-percent
turnout.

Mr. RODINO. llr. Chalrman" f move
to strike the requislte number of
words.

(Mr. RODINO asked and was glven
pennission to revlse and extend his re-
m.arks.)

Mr. RODINO. Mr. ChBlrman, I rlse
ln opposition to the amendment.

I shall not consume the 6 minutes.
I merely want to Etat€ th8t the gen-

tleman would a,ctua,Uy by hls nmend-
ment eompletely overturn the thrust
of what we are attempttng to do here.

We have brought forth a bfll whtch
would extend the Votlng Rlgbts Act-
which seeks to protect the rtghts of in-
dividuals ln those areas where there
has been a hlstory of discrimination.
Where evidence has been anrassed
that discrimination existed tn those
ereas befuog covered. Then we trncluded
the opportunity for those areas that
have been covered to ball out lf they
meet cer[ain requirements.

Now, the gentleman would say let us
apply this nationwide. L€t us not do
somethi:rg that i,s capricious and un.
constltutional. There ls no evidence
that in other than Lh,e 22 States that
are covered that there is a'need to
extend the provisions of this act.

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,0H:Lr +-,.

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October 5, 1981

So I would urge mY frlend and mY
coDeague to consider the fact that we
would be mlsapplytng the resources of
the Govenrment other th-an where

. 
they are requlred..

tr 1800

- I would urge the gentlema,n to recog-
nize that it was not totended to prtnlsh
or penalize a.n area oI tbe.country for
anythlirg other than the fart that
there were those wbo were being
denled a baslc constitutloual rtgbt and
this ts the reasorL for thi,s act. The
ieason for our gsmtng before ttrls body
to extend it is.because the record con-
tinues to reveal dlscrimlnatlon ln
those areas.

Mr. HAR,TNETI. IVIT. ChAjTMA,U,
will the gentleman yield?

Mr. RODINO: f yield to tbe gentle-
man.

Mr. IIARTNETT. Mr. Chaimnn,
what the gentlenan says le correct. I
commend the gentleman lor the work
that he has done as the chalrman of
the very Bugust com-lttee ln brlDclns
tJre blll to the floor and those who
helped put ln the bailout provislon, I
commend all of them.

Wbat I am asklng tJre gentleman
from New Jersey ls under the aneDd-
ment whlch I have ofldre4 all the
States of the Unlon would be brought
under the ballout provislon which the
gentleman has so JrrFtll,' lrserted ln
this biU, they could immgdlslsly lail
out lr they could prove rlght away
that no discrlmlnatlon existed. So in
effect they would only be under lt for
a short perlod of ftoe lf uo dlscrlmlna'
tion existed. U it dld, however, we
would tlren be brindns addltional
States under 

. where discrlninatlon
does exist and tbst is what we waut to
do.

Mr. RODINO. I want the genttema!'
to recogrdze that to brlng them under
a.nd to impose upon them thtsklnd.of
nationwlde coverage. and preclearance
requlrements would be to say that we
had evldence without any hearlngs
that these areas should be covered.
Thb, I arn sure, the gentleman ls not
seeklng to do.

Mr. WOLPE. Mr. Chalrman, wlll the
gentleman yield?

Mr. RODINO. I yield to the sentle-
ura[

(Mr. WOIJPE asked and was given
pennissiou to revise and extend his re-
marks.)

Mr. WOLPE. Mr. Chairman. I thank
the gentlemau for yielding. I want to

. associate myself with the remarks of
the gentleman from New Jersey. I
think it is clear that extendln6 the
preclearance provlslons to all 50 States'would 

do irreparable harm to both the
bill's effectiveness and its constltutlon-
ality.

Mr. Chairman, I want to associate
myself with the remarks of the gentle-

.man from New Jersey. I rise i:r strong' support of II.R. 3112, the Voting
Rights Act extension, and in opposl-
tion to the amendmenL I belleve that
this bill, whictr received overwhelrnlng

., \

CONGR.ESSIONAL RECORD - HOUSE
btpaitisan. support tr the Judiciary
Committee, provides the most effec-
tive way to continue the protections of
the Votirxg Rights Act of 1965. In par-
ttcular, I feel it ls essential to support
the sectlon 5. preclearance provisions
of tbe committee bill.

In lts 16-year history, the Votlng
Rlghts Act has proven to be the most
important civil rlghts legislatlou ever
passed by Congress. Largely beeause
of this law, registratlon and vottng by
minority citlzens has tncreased dra-
matically, a.s has the numbef Qf minor-
ity elected offlclals. Tlre dlscriminato.
ry practlces of a.n earller era have been
largely eradlcate4 and more and more
Amerlcans are beingr glveu a real op.
portunity to exercise the most impor.
tant rlshi a,Dd responsibility of citizen'
shlp.

Nevertheless, the recuring theme in
testlmony by more tha,n 100 witnesses
befdte tbs semmillee was that.threats
to the political equallty of mluorittes
contlnue to exlst. For tbls reason" I be-
Ueve it ls essential that Corr8ress ap-
prove the preclearance provisions. of
the lesislation .ln a form which will
mtke them effectlve and enforceable.
The comnlttee bUl provldes that
form-it requlres that those local Ju-
rtsdictions with a proven history of
voting discrlmination seek Depart-
ment of Justlce approral before
maklng changes h voti:rg laws.

Extending the preclearance provi-
sions to all 50 States would do ir:repa-
rable da,mage to the law's effective-
ness. Rather tha,n maktrg enJorce-
Eent more equitable, the amendment
before the l{ouse would make the bill
largely unenJorceable. In this time of
progrrmmatic and budgetary reduc-
tlons. the Department of Justlce
simply does not possesb tbe resources
to corrslder and Investigate proposed
voting law changes ln every local Juris-
dictlon nationwide.

The preclearance provlslons of the
semmillsg bill apply to local govern-
ments in 24 States from coast to coast:
they dlscriminate against no State or
region. U indeed the encompassed Ju-
risdlcttons can demonstrate that they
have followed the letter and spirii of
the law, than this bill provides a fair
method for them to obtaln exemption
from the requlrements. Furthermore,
any other States which are found to
systematically vlolate the voting
rights of minorittes can easily be
brought under the coverage of the
precleaiance provisions.

Congress has'an opportunity today
to extend and promote the proEiress
and justlce that have come from 16
years of protection under the Votins
R,ights Act, The committee provisions
for preclearance provide the most ef-
fective way to maxlmize that protec-
tion. I urge my colleagues to defeat
the amendment and support the pas-
sage of I{.R. 3112.

Mr, WEISS. Mr. Chairman, will the
gentleman yield?

Mr. RODINO. I yield to the gentle.
man from New York.

H 6977
(Mr. WEISS asked and was given

permission. to'revise and extend his re-
marks )

Mr. WEISS. Mr. Chalrman. I. too.
want to assoclate myself with the gen-
tleman's remarks, to commend hin,
the distlneulshed chalrman of the sub'
committee aud all g6s 6elnbers of the
eommittee.

T'here is no tssue morne fundamental
to the conti:ruatlon of our democracy -

than voti:rg rlghts. Thls dtsttrgulshed
body is now dellberatlng the landmark
legislation whlch guarantees all U.S.
citlzens iheir 14th 'and 15th amend-
ments rlght to vote. We can expect op-
'positlon to the blll before us. Some ol
my colleagues areue that certain pro-
visions of II.t. 3112 are too onerous.
too strlngent, that standard.s should
be relaxed. Ttrey attempt to weakerl.'
the heart of the Votlng Rtghts Act,
sectlon 5, and they will atterl,nt to
rreakeD, lf not repeal entlrely, the bt-
Ungual}rovisioru of the Votlug Rights
Act..But their opposition ls met wlth
the facts and 'flgures that should
renind all of us that.votlng dlscrlml-
natlon tn the Unlted States ls a pres-
ent problem; not an historical reUc.
Ttrelr opposition ls met wlth tny con-
mitment and the commitment of e ma.
jority of my dlsttrguished colleagues
that there can be no compromke, no
half-way measures, when lt comes to
the right_ of all Amerlcans to vote.

The Votlng Rlghts Act has lndeed
brought the right to vote to millions
of American citizens. Ii has outlawed
Uteracy tests, poll taxes, Engllsh-only
electloru and intlmidatlon and har-
rassment of mhortty voters. Ttre act
has beeu reSporuitle for not only to-
creaslng minority particlpation, but
for increasing minority representatlon
In 1965, ttrere were about 10O black
elected offieials from the Deep South..
Today, ihere are over 3,000. This ls
clearly a siSn of success.

But let us look more closely at these
figures. In the Elouse of Representa-
tives, there is only one black from a'covered State, our Colleague Mrcrry ..

Lrr.ero from Texas. There ls not a
single black representative from South
Caroltm, Georgia, Alabama- Mlssissip-
pi. There is not a single black crho
holds a statewide office in the United
States in 1981. Many of the 3,000 black
elected officials were elected from
towns where the black popul&tiorl
makes up 80 percent of the total popu-
lation of about 1,000. There are only a
few blacks who hold serlous policy- -

maklng positions ln the-covered jurts-
dictioru. The figures seem lmpressive.
In many respects they are lmpresslve.
But we are a long way from finished i:r
the struggle which this - Congress
began so vallantly in 1965.

Members of the House and Senate
oppose the Voti:rg Rights Act because
they say it singles out the Souttr. But
what-happened several weeks ago ln
my own city of New York remlnded all
of us that the Voting Rtghts Act ig(.



H 6978
there to protect mlnoritles wherever
the violation

When. the Vottrg Rlehts Act was
passed br 1965, lt was deslgned to ad-
dress the pro-blems of blacks who had
been systemaitcally, often violently'
dlsenfranchlsed- In 1975, ConSress rec'
omlzed that lancuags mlnority cltl'
zens had also been dtsenlrancbised by
many of the same subtle and blatant
forrns ol dtscrlnlnatton that ham'
pered black votlng strength. Congres's
recogbtzed also that certa!:r clttzens
had an addltlonal burden In voting-
Eany of then could not sPeak Ens'
llsh. And so we enacted billngual elec'
tlons for Ellspqnlcs, American Indians.
Asian Amerlcaos, and EskLmos

Critlcs ol b[rngual electlons are fond
of saylng,."U they waDt to come here,
why- don't tbey learrr Engli,sh?" But
can we really ask that questlon of Na-
vaJos !r Arizona" of Eskimos Lr Alaska;
of Mexlcan America,ns tn New Mexico
who were here before l}re Magllower
landed on our shores? Can we ask lt of
Puerto Rlcans, who are U"S. citizens'
one aud all? I thlnk not.

The blllngual electlon provistons do
not expire uDttl 1985 because of a leg'
lslative drafttrg error that occured ln
19?5. CHtlca ol blltngual elections
have suggested that we walt until 1985
to review tJre billnEual provlslons. Let
us be frank, what they are really
saylng 18: I,et us walt until 1985 to
repeel these provlsions.

I have been vastly lnDressed bY the
broad support lor the Voting Rights
Act from indtvtdusls and organlzatioru
throughout the couDtry. The bill, ln'
cluding ;5s 6lllngual electlon provl-
sions, ls supported by civll rlghts orga'
nizations, the rellglous communlty,
labor, women's 83oups. There is' from
what I can 6ee, no orgaalzed oppost-
tlon to the Voting Rtghts Act.'Sadlv,
thC oppositlon comes malnly from
Mernbers of Congres&

Unless thls body supports E.R. 3112
raclal and languaSe minority citizens
in the United Staies wlll be thrust
ba.ch to the dark ages of 'voting dis-
crhninatlon that' we bave only Jttst
b€gun to move away from.
. I utge my colleagues to support this
biU'and tn doing so, to reaffirm our-
commitment to votlng rights for all
U.S. citlzens.

Mr. [,ELAND. Mr. Chairman, will
the gentleman yield?

Mr. RODINO. I yteld io the gentle--
man from Texas.
. (Mr. r.rx.ANn asked and was glven

. pennission to revlse and extend his re-,
marks.)

Mr. Llf,,AND. Mr. Chainnan, Sec-
tion S-of the 1965 Votlng Richts Act
provides that any covered State or iu-
risdictlon thet wents to changs tts
election procedures must submit the
change to the Justice Department for
approval. The amendment before us
today proposes to extend this provi'
sion nationwide. I am opposed to the
amendment to make thls Provision
extend to all State-s. It wo_t'14 be arbl-

/

CONGRESSIONAL RLCORD - HOUSE
trary, wasteful" and unenfoiceable to
attempt such a move.

It would be arbltrary because Per'
clearance was devised as a remedy to a
speciflc problem-the problem of using
B test or device to allow citizens to
vote.' Jurlsdlctlons that must comply'are those that used tests of qualiflca'
tions to allow citizens to vote in the
1964, 1968, and 1972 Presidential elec-

'tlons, and where the voter regJstration
and.turnout in those electlons was less
thaJo 50 percent. This remedy has been
upheld by'the Supreme Court tn 1966
aDd 1980. Also on the basls of wit'
nesses to the Subcomnittee on Civll
and Constitutional ll,lghts the record
of vtolations in States covered by the
act clearly Justified the use.of pr+
cleerauce.

One of ttre most serlous problems ln'
herent in the appllcation of this provl-
slon natlonwide ls tbe constitutlonal'
tty of such e provislon- For a nation'
wlde preclearance Provlsion to be
upheld as constltutional, tt.ls clear
that there must be a demonstration
slmllss to tbe cases already tested i:e
the Supreme Court.

It soutd be wastetul to require the
Federal Government to protect rlghts
that are primartly the responsibility of
State governments. Eowever, if z
State does not protect this rlght, it ls
the responsibilty of the Federal Gov'
etment to insure that each cltlzen's.
tndlvldual risht ts protected. Throuch
sectlon 5 of the Voting Rlghts Act, the
Federal Government protects those
rtghts violated by State and local 8ov-
ernments.

Sectlon 5- ls intended for a speciflc
type of problem, that' of preventing
the use of discriminatory derrices and
tests. Sectlon 5 has clearly demon'
strated 'its effectiveDessl as lt now
exi,sts. Many local Jurtsdictions have
made dttempts to replace literacy tests
and other forms of voter dlscrimina-
tion.. These have lnvolved changes to
redlstrictlng, at-large elections, tnnex'
ations, runoff requireEenta, and many
other means to prevent minorities

-from particlpating fully in the electiot!
process. Over 800 of the Proposed
changes have been blocked silrce 1965
beeause of section 5. This provlsion
has been simple and expedient.

Flnally, I a,m opposed to the exten-
slou of section 5 natlonwlde because lt
ls unenforceable. At' tbis tine, pro.
posed election changes are submitted,
w.lth backup informatlon, to the Jus-
tice Department. Wtthi:r 60 to 120
days of a decision is made'to approve
or reJect the change. No travel is re-
quired and there are no hearings.
Often only the initial submisslon is re-
quired. TheJustlce Department staff
whtcn handles voting change sribmis-
slons under sectlon 5 is small. but effl-
cient. There lscurrently no backlog of
cases. Application of section 5 nation-
wide would require a tremendous in.
crease in staff and firnds to the De.
partment. Nationwlde coverage would
overwheLn the Department making it
necessary for sta-tf to dlvert attention

\
October 5, 1981

from areas with a demonstrated need
to areas which have not been shown to
deny or abridge the right to vote.

In the next few.years, there wiU con-
tLrue to bE a strong need for section 5, 7.ih.
especially with the 1980 decennial ;" n
ceirsus f6rthcomi:og. Redistricttng will :'t. J)
be occurri:rg Io many States'and op-
portunitles for dilution of 'minority
partlcipatiou will lncrease. Section 5'
will lrnsure that blacks and minoritles
have access to tJre electoral process of
our great -country; I cannot support
a,ny amendoent that would dimtcish
the most eflective piece of legislation
to be passed by Coneress ln the past .

two decades.
Mr. EYDE. Mr. Chairman, I move to

strtke the requisite nurnber of words.
(Mr. IffDE asked and-was given per'

mission to revise and extend his re-
marks.)

Mr. IIYDE. Mr. Chairman, I rise tr
opposition to the amendment. It is
very palnfirl for me to to disagree with
Ey valued colleague, the gentleman
from South Carolina, because he pos-
sesses B rare quality, too rare in this
Cha,mber, and that ls of si:rcerity and
wllllngness to fight for somethLDg he
beUeves ln no Eatter how unpopular it
ls, and certalnly the view the gentle-
men hgs expressed here ls unpopular,
but the gen0eman from South Caroli-
na (Mr: EARDTETT) is willlng to fieht
for hls community, for hls State, and'
for what tre believes in. If we all had
that dedlcation and commltment, this
would be a better body and certainly a
better country

But notwtthstandlng, I thtnk lt must
be pobrted out that this qmeDdment
moves iu the wrong dlrectlon. Rather
than extenrrlng precleara,nce, which is
an extreme remedy, we should be
trybrg to llnit preclearance only to
those araas where a hlstory of voting
rlghts abuses can be shown- Now, that
history has not been shown and ought
not to be presumed in places outside
ol where it presently applles.

The thrust of our efforts should be
to ellminate, emancipate counties and /
States from the burden. and it ls a
burden, not a burden ln time or effort,
but there is a stigna attached to
having tb get permission to change
your election laws; but I suggest that
to make the preclearance sectlon na-
tionwide would klll the biU. That
would truly gut the bill, because the
submisslons from every village,
county, township, hamlet, State or
parlsh tn the country, would over-
whe!:n the Justlce Department.

So flrst of all, lt would be absolutely
unadmlnisterable and, therefore,
would render the act a nullity.

The preclearance sections have dope
some good. There are voting rights
abuses that are persisteht and perni-
cious: but we should isolate those
areas, make them comply,. give them
an opportunity to escape from the pre-
clearance section, not take the -pre-
clearance process, which ls extreme
and spread it, across the Nation, to the

'),

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(r

Oc:tober 5, 1981

VlrCIn Islands, Gunm, and Puerto Rico
and the rest of ttre country.

Secon4 the only reason Precleer-
ance ts constitutional, as the court has
told us ln Katzenbach agatnst Morgan,
is becguse it ls ao extrene response to
ab extreEe situatlon; namely, the use
of tests or devices which barred mlnsl'
ities ffom the electoral process. Ttrere
would be no constitutional basis tn
M[rnesota, ln Nebraska" Nortb
Dakota, or other noncovered Jurisdlc-t
tlons lor maklng those Jurisdlcttons
preclear their electlon law changes.

f understsnd what motlvs,tes the
gentleman. The tdeal ol equal protec-
tion of the law Is more vlolated than
obsenred, lt seems to me, ln mauy of
our actiorrs; but . what he proposes
would be, unconstitutional, h my. opin-

, ion- It would be unwlse. Let us move in
the other'direction- Let us help couu-
ttes ball out. Let us help States bail
out. Let . us not lmpose this extreme
burden where lt does not belon&

Mr. IIARTNHtrI. Mr. Chairmaa will
the gentleman yield?

ur. ffOf. I am. honordd to yield to
my friend.

Mr. EARTNEII. I would Just ask
the dlstinguished gentlemau" I under-
sta,nd that the gentleman was the driv-
lng.force, along wlth the gentleman
from Mlchigan" tn havlug the ballout
provlslon inserted in tlre bill an4 I
commend boib geutlemen for that. '

Whst I am trylng to say or ask the
eourt that ruled for 15 or more years
ago that extraordtrary conditioDs
then existed in South Carolina caDnot
prove-to me now that those sauie ex-
traordlnary conditlons exlst irx South
Q&rsllna, and do uot elsewhele. Fifty-
flve percent of my eUgible blacks are
reSistered to vote, 60 percent o, BY
whiteg so it Is a very close ratlo of eli-
slble blacks to whites. that are regis-
tered to vote.

I om sayi:tg to the gentleman that I
do not think that that condition exists
any 'longer in South Carollna any
more than I thirxk lt exists in Oregon-
We would be startlng from square oue
lf we made this law applicable to all 50
States Fnd then we could all take our
turns ln baillng out under the provi-
sion which we have put tnto the act.

Mr. ErDE. Well, the act is applica-
ble to the entlre country lf you want
to brlng a court action- It is preclear-
ance that is not appllcable; bui if
under section 3(c) ol the Voting
Rlghts Act, abuse occuls, you can go
into a court, get a declaratory Judg-
ment, get preclearance rn.ndated, as
they did in Pensaeola" Fla., this
winter, to a jurisdlction that was not
under the acU but to require preclear-
ance of everybody is to destroy the
act. It is a useful act. It is a good act.
We should move in the other direction
and lsolate the areas that ought to
have preclearance, not spread it across
the country where it would be unen-
forceable.

tMr. COLLINS of Texas addressed
the commlttee. IIis remarks will

CONGRESSIONAL NbCONO - HOUSE
appear hereafter tr the &<tensions of
Fiemarks.l t

Mr. GARCIA- Mr. Chaiman, i move
to strike the requisite nunber of
words, and I rlse in opposition to the
amendment. I wlll not take the 5 Erin-
utes.

I would llke to say to mY.colleague
from South Carollna that I-detected"
as he was addresslng the Eouse a Sreat
deal of slncerity.' I would Just llke to
say to hin that I can understand hls
frustration" Ttre lact ls; as. a New
Yorker, as one who, as I sald on FHdaY
durlng the course of the debate, was I
product of the Votlng Rlghts Act; I
was elected in 1965 ln the dlstrtct, an
assembly dlsttict, or as the gentlenan
would probably tera it, a Eouse of
Elepresentatlves seat for the State'of
New York- Prlor to the Vottog Rlghts
Act that fuould have been inpossible.

One of the basic problens we face,
all of us here, a,nd I thlnk we are asi
equally 8uilty as th€ State legislatures
and everybody else, I think our basic
problem as elected offlcials, especially
at the leglslEtlve end" is thai we all
look to protect ourselves. There ls uot
a dlfference. whethet they are in
South Carollna or ln the State of New
York I can tell the geutleman that in
the r€appsrtionment we Just went
tbrough ln the ctty coulcll of tJre Clty
oI New York, which was beld up-
probably the first tlroe ln my knowl-
edge that aa electlon was beld up. I
know there are tnany members of leg-
islatlve bodies who have gO6d tcteD-
flons, and tbey. would llke to do tbe
risht thirxg for mlnoritles. Tbey may
not be minorltles but they want to do
tbe rtght thi:rg. But, when lt comes to
reapportlonjng, I do not care who they
are; we are all golng to look, to protect,
thet whlch we have.

So, the Vottrg Rlghts Act, what the
gentleman has sald as tt pertains to
his frustratlon as a Southemer, is one
that I can understaad.

Elowever, the proof, as I sald durtng
the course of my last discussion on
this-floor earlier today, is that it is the
nuinber of people who actually get
elected- It is not what we say here, you
and I, lt ls the number of people ln the
various legislative bodles throughout
the country, whether they be in South
Carolina or whether they be ln my
State, the State of New York, that are
going to sit in those bodles as equals,
and che nunbers someilmes do not
prove out what they should be accord-
lng to the percentlle of the people who
live withi:r those States. I thlnk what
we are trying to do ln those areas
where we know that thls ls takfurg
place, the county of the Bronx, the
county of Manhettan, or New York
County, the county of. Illngs, or
Brooklyn, these are three countles
that have in the last reapportionment
proven that they reapportloned in a.
fashion and way that was discrimi:na-
tory against minoritles. I say this to
the gentleman because I think it is im-
portant. We are all elected offlcials,
and I Just think we try to protect our-

H 6979
selves, but I ca.n understand the gen-
ileEan's frustration.

BuL f would hope that ln his State
ds well as my State, tbat 8U people
have a chance to represent:nd'senre.

Mr. EARTNETT. Mr. Chairman,
will the gentlemaa yield?

Mr. GARCL6. I yleld to the senUe.
tuarL

Mr. EARfNgff. Mr. Chairman, I
ttrank the gentlemaJx for hls coutrlbu-
tion- I would say to hlDr tbat ln my
State of South Carollna" whlch ls a
small State, we have, ln proportlon to
our black population, more members
of our State representatlves than
there ale minorlty Members of . thLs
U.S. Eouse of Representatlves, so we
have made great strldes. Perhape this
eaxr be attributed to thls act, but what
I ah saying to the disttnguished gen-
tleman'from New York ls, to my
knoqrledge, the distlnzuished chalr-
Ean a:rd the commlttee held no lnves-
tlgatlve hearings ln other parts of the
countly. They only assumed that ln
South Caro[na the condltlon wh.ich
exlsted 15 years ago stlll exlsts, aud
they had no hearlngs to lnvestlgate
whether or not those condltlons pres-
ently exist. Other parts ol the coun-
try, I want to gu.arartee to everybody
across this country, those condltlons
will not exist - wlthout the Fedefal
courts doing something about them-

. tr 1820

The CEAIRIvfAN. T1re question is on
the a,mendnent offered by the gentl+
man from South Carolina (Mr. EAar-
NrrT).

The questioD was takeu and the
Chairuan announced that the uoes
appeared to have it.

Mr. IIARTNETT. Mr. Chai:nnan, I
demaxrd a recorded vote, and pendlng
that, I make the polnt of order that a
quorum ls not present.

The CIIAIR,MAN. The Chair will
count. One hundred &nd nine Mem-
bers are present, a quorum.

Mr. IIARTNEIT. Mr. Chalrman" I
emand a recorded vote.
A recorded vote was refused-
So the amendment was rejected-

AITENDI{ENT OTTERID AY MR. BI':NJR
1\[r. BUTLER,. Mr. Chairman, I offer

an amenrrment.
. The Clerk read as follows:

Amendment offered by Mr. Burr.ER: Page
5, Urxe 23, tisert "and has not been wlth-
drawn by the Attorney General" atter
"court" but before the close prfeDthesls.

(Mr. BUTLER asked and was given
penrrission to revise and extend his re-
marks.)

Mr. BIITLER. Mr. Chairman, I know
the hour ls late. I am reluctant to tres-
pass further upon the time of the
Members, but I feel some responsibill-
ty to the State I represent to at least
point out the errors in this bul, the
errors which are being imposed upon
my'State, among others.

This is a sihple amendment. As the
Members know, the bill provides that
a declaratory judgment shall issue



**.-?--:8,

nce of the State of Vtr-
exemplary. So far as I
tne ontY two disquall-

r tor the State of Vir'
rave been corrected- 

'
mendment would Pro- .

olleagues know, gnd a'i
.v, the Attorney Gener'
ifoosea any obiectlon
,ory Judgrnent has been
;ectlou 5 with respect to
u I would now quallfy
witb the followlng lan' 11\
g subElsslon that has I "t

d- withdrawu, or effec- { /
ed bY accePtable aetlon ' "z'
iind stati or Poutical
klrg sucb submission." a
saving ts that e State )
, the obJectton and lE- (
:des to the obiectlon of ]
rt of Justice ousht not \
I for 10 Years thereafter' \
:ect this bill would have I
of Virgireia unless 0Y J

accepted.
rDS of California. Mr'
ise in opposition to the

I the message from our
:acue from Virginia. tle
:w6 objections lodged re''
t Virginia's 1980 redis-
as the sole factor Pre-
,then ise clean Vtrglnia
: the burden of section 5

until 1991. Ilowever, the
.ls to mention that a sim-
nc plan wa-s subEitted to
ie-p-artment in l9?1 and
:he issue in 1971 was-the
iouth line through Nor'
r Justice DePartment oP'
ear. Indeed, in its 1981
ction the Justice Depart'
ally referred to its earlier
he same Plan.
;;-q";iid" the innocenc" l:)
lion submitting the same '/-/
aeo. --/.

H 6980 CONGRESSIONAL RE:OB'D - HOUSE October 5' 1981

onrv tf lhe.ceql "detemlres.that ,g*l,t'^rHttrH"'iLili.1ll ffiTI$H"filfl'X?'"?-tlt"'i$:-'
ffi"ld ti; 10 Yearc Precedins-the r-'

f,insof theecron,,Jle-cttorneyoen- bfi;ffi;gdi-aix,rimriat'oiv-cuiiiG -wnafnas trappenea tn vlrginia ls

rB,m"f""H"#"ff i;?-"fl :',t'iEl"ft1T{HffiG;;;;SiU*'***Hi""*-"itf i"T

ft ,ffiir-l$5",r#*dg+';:::E:ffi *;-H#1$,fff it#-fil,-*ll,:.::-:
\ $:rrHffimitn"'tr's';;?rl :"x' Effit$ IsH,;*,,;pi Ji?:"triJ*ir rfi'ffi x{{6i

/qnTffiili,r'"r,r:4ry;x';iggrn'*{*ffi'**qgi1gi'gf,,iffi 
F$S;:;3,t iioi orlG Members to pa89 42 oI tJre t

\ iJ--itt".report'andlquote: ryl-t-1"," mEoqrEwu sr --- ---'- iartment of J,stlce, and there are no

/ 
*ffi;-Jtt-"" t u"u"" that tJxe absence General. rt 6Uiicltorrs to those redistrict'.

[ ##trfr*irfr*T+i+ffi* #]#H*]iji[$;ffi1#ir "iff;:","',,ha, 
r,rs, obrec,ioa s,,],

| &6;r"r."ite-rr6nroruauoui ffi;:;d i'cainot {il:#t$* mtigr'lj:t'?'Slid"ir"ffi$'
I *";*LT,f'l"it*"? ',3"#?i; ",":i $,,Ll?,tfif. f.k m a silla: e* vt.H,i"iii ii," ""t' uetori tne

I committee report: iton wtrere the..act nr-ll6'i "J--iU"a 
Statd ii Virctnla ca'n become eUeible

[ --ff;";;il" 
ueuevea that the 8Pr3e: g:t-x, g"lt t* r*yrt [H[ii B]:;.T:::""'rrom 

the burdens or pre'

\-sii**BfltiJl";i""HffiBiJffi'fii68 bv requirine 10 more v":ii'''o?'a"ii,'r"' tr 1830

P+*mi:mn*i:tr{*illi'.ll";:;':ffi;"il:trm"661",5f n:"0"#r::;ll$:s*?#H
I ;;;i'6;;ildi.il; ttiiiit tnu att""' F;[#*if,ffi5*:##ff,i roi'Hf$l*:, i'[:- 1* ili"tl"*:
I tttfitH}#"n:'#i:f"RT$H, ::itr*ff r,ffi,*r,Ir+#fit ffi#{##kffii':Fi,:,tx;
I L h til;eport about being withdravn

\ffi"ffi;:, * :"J ;; iffi$j':ffi*',lmp*}: ffi4',ffii#trffiIfffih
- Members. to do toHy'ffi ,"r.ig..!F; care of to the commttt"u.- 

---- - enterea uoaer sectlou 5 with respect to

ffi ;A-.lg,,flt#i#.r*li*"*:"J'""r"r.ffii;'ffii!!ilT#i"t""i#I${:
chairaan, r.r";"rrr"ioi;t-iti.;;t"ih" ineut has with<trawn-tts---ouluclio?, gutgi:'GicJpt -a sub-rqlsston ttrat has

aJf,tendnent. 
I ,.r 

-uP',wnu:v- :.:-: then the reasion tor itre-ouiiiirbn-is ueen-auanaoire4 withdrawu' or effec-
. Mr. cbainnan, it ts our belief that- 

sone, and the penartJ"riJrlii-irJi- ui u"Liv *pli"iaei uv scceptable aetlon

rhe lansuase i"'iiTni*uiu]--"ia *e imposed. : - "" tir"i-.* 
or-tnd st€te,or poutical

i'"i'rto"-":r!'r$x;irf ,frL;*aj ffi,-tsr#"r*H*.'*1'",ff 
;'*fliff"nwqtii#:'!'1i;;

the gentleEan k
bur in seektns t6-iiii"rrirri" lansiuase, ly consisrenr vitn tneil'pffi: -.---_ _ wmJii"""'c"ji-""-[fru 6ut""tt'on and lm- (
thegentleman6ilvi;d;'it'-ruErr"v"' Mr. EDwARps ot'Ua-ritor"it' -M"' -"ai"t"rv *ciaes to *9:oii?1?""31 i

would conluse the lssue. chairmao, r want to -ii it i""y clear the Depirtmel! of.IY-t]::
There """ 

r*JifiJbr *itnara*-.t" thar if the ob1ectiol*f,';;iid;*. i"-u"-nJnauredfor lo.veattthereafter'
. lssued tlY tno iGiLi- Deparfment there is no vlolation, .iaJn"'o-u:""tio" trat -is iiie effect this bill would have

under the act. Un"ai"t-fie t-l*l'tryl:' wouldnotbarthebailout. on tne State of Virgireia unless mv

risdiction suumiti a-ie-quest for-recon^' Mr. Chalruran, r opii"l the amend- aryrsnrim6n! is accepted'

stderation "r 
.JJui"&iig* i'tJni",1o -ll|^"tt'*' 

I uPvv-' 
-"- -- rrr".-sowanDs of california. Mr'

days after rhu iui""ri6ii'iir" uee" 1q -iilt"'"*ureN. in" question ts on ciili-r",'i .ite gt opposition to the

iliJo."a. tfre _reconslderation 
request tn^"""t-uiiai""t otteiJa Uv the sentle- amendment.

#'#!.8;'.'"T*lff *":*n",*.'H #ffiiHHf #"3#ixr=' ;:*pi"e.ms"ff.,'#r#{fu#
;* i"f"t-rtion which the iurisdic-
ffi; fiil;;itroua lead the Depart'
Eent ro reconsia-'er. u lhe Department Mr-BurLER. *. t'iffili?rru' ffif[;*t#t*'*11.;'" ll3it'"is^.
;;;;rJil;u:eiii6n is wittraiawn ana an amendment. ;ffi "" oth-errrise .clean Vlrelnia

F*ir#ffi:[t],*;i*T*'[.r;fi-+ifi '"'j,,i*+i,l:iffi ':xri;i,,ffi+;*ru$i;*i,etl+u
#,i::ffiffi l[[ttrs?;::Tl'T; ]a'r:.l?ii'-Etti!"$iiittip;ffi'J,",Ht l'ii *ffilr'trlii'vff 

submit'ied to

ba*out. 
iii.iira"&u1"":t:: iiiJi*"tiitn"st,t;oiiEiliiJ"i,ii-a'r,Gio" tne'iGi"Joe-partment in 1e?1 and

rf,.however, oir tne oiher ha.nd,..r, li'Jxi'ii"';:rylld'":i1--'-- 
- 

ouiec-tea to-' ttrl is"ue in 1e71 wa'$the

objection is inierposea pd r.hgl_lli ,*., FUTf-T--.1*ed and q'as.giveh t"t"-No"tnsouth line through Nor'

Jurisdiction'rt.,sinevotlngchangetopermissiontorevise.iia-Jxtenah-isre-toutnattheJusticeDepartmenuop.
conform to tni- Department's .obiec' harks') poid- ini" year' Indeed' in its 1981

tion and tne attor:irey General .aoe" 
"^iliil'ilurr,nn. Mr. chairman, once 

-r"ti"i oi obiLction the Justice Depart'

nor objecu tne oriecti6n has noi u""i "Jliii 
fr-P;a*; t"_tnJiio"i"ldrtres- mei[ speciricattv referred to its earlier

withdrawn. The pievlous ob.jection has ffi;ii,c 
.furtner. 

o", [i,J.iil"- ot ine objection to the Same plan.

not been wltnd,wn a'nd will ue a-tai il;;;:t';i;i-ini" "iii'""affiit-t-''i'"i 'io on" must question the innocence

ro ballour under this new bailoul ,uiv .rorb to r proiiiH*i"--v S;;i; of-a jurisdiction submittins the same

standard. iitti r t" 'ioilr""r 
r *o"ia ue pLrform- plan 10 veani aso'



,t

.t

{

i
,!

CONGRESSIONAL RECORD - FIOUSE II 6981
llmlfed resources with your crounty at
torney that ls representtng. you" Of
suppose you are a sEall school board.
All you have ls one llttle attorney rep'
resentlng you, a.nd here is the tremen'
dous Justlce Department.

In aU fatness, itl all falrness, the
burdbn ought to be on the Federal
Government, Just as lt ts on a'ny type
of trlal where the nonnal c*" P"o'
ceeds. T'hls is a case where we have a
Votlng Rtghts Act, where it ls unlairly
burdened on only nlne States. we trun
around and, ln addltion to puttlnei the
overloaded burden on theu" we sa,Y

that tlre burden of proof is up to them
to prove.thelr Innocence.

Maybe the issue goes to trlal. If the
Government accused You of murder,
the GovernmeDt would prove the case'
the Government would have tbe
burden of prool tn the case, but here
they go In there and they accuse some
communlty of some type of disclmina'
tion- I want to remfurd you agaln that
our record ln Texas ls exellent. We
have gione itr w'ith 16,208 cases a,Dd
only 130 trave even had obJecttons to
them-
. o 1?40

I cannot understand why the act
ever asked us ln turn te foUowup arid
nake us prove that we are lrtnocent
when we already have a record of L23
to 1 tn cases that are goi:ng through
wlth no objestlon 8t all from the Jus'
tlce DepartEent.

Mr. RODINO. Mr. Chalrman, I rise
lnopposttion to the amendment.

(VIr. RODINO asked and was given
pemisslon to: revlse a'nd extend hirs.r€'
irarfs.l

Mr. RODINO. Mr. Chat'Ea,n" I shall
not take 5 mlnutes, but I merely want
to polnt out that this a,rnendment of'
fered by the gentlemau from Texas
would unreasonably shiJt tbe burden
of prool ln ballout cases to the Gov'

- ernEent. Under current law the
burden ls on the eovered jurisdiction,
since the relevant facts relating to the
conduct of the-Jurlsdictlons and elect'
ed offtcials are pdculiarly wtthin the
knowledge ol the States and political
subdlvtsions themselves. It is this rea'
sontng which led to the U.S. Supreme
Court upholdtng tils burden i:r South
Carollna agalnst Katzenbach. I belleve
that the gentleman lrom Texas, in of'
feri:rg this a.Inendment, would Just
overturn present law. For this reason,
I oppose the amendment and I urge
that tt be defeated-

Mr. IIYDE. Mr. Chairman, I move to
strike the iequtstte number of words,
aud I rlse in opposition to the amend-
ment.

Mr. Chairm&n, very reluctantly I
oppose the "mendment offered bY mY
frlend, the gentleman from Texas, be.
cause ln a ballout suit one who files

. the petition makes the allegations
that that Jurlsdietion has- complied
with the law for 10 years, has made all
submissiorx timely, has engaged in
constructive action, and he who al-

&tofur 5, 1981

Mor€over, Mr. Chalraa,n, the sectlon ballout ls mea.ntngful under those clr'
s;ililir;'Aterion fs-fuf oni part ot cu.EstaDces- and I wo-uld urge the
Ini-'rriitr" rii,itd; ana suoua 

-not be Eouse to edopt 4r a'pen-9ment'
i"',ir.i,i'iitf,;r 6okeA at rn Gorgtion. Mr. coNYrERs. ur. cnatma'u' wtll -

F;EiffpI", oneoittre other require' tbs-seDtle!49nytpto? - -.-
il;6;(1IL-nJr-uiruoui- n;fiit' ts .-Mr. DwArrDS-of cq{{onta. I ytetd

i-d"T-tnu J-urlsdlctton mafo construc' to-t-he 894!h!g3lr-from Mictdsan'
iii'i-"i?i"tu-to-etiminaIfGu;ldatloE Mri cON:rRs. Mr. Chairma'n" I
;; h;;;-int, ana t6-i.pti"d rdgj. would love to go over -the hlstory of-
il""itf"" fo-ifn"rlasea iiil6fiW-p-".it"i- Ytr4+a slnce 1965 wlth reference to
oatton tn reeistaatto" 

""a "itihi.------, 
the-Votta6 Rts-4tt fct'.99a.J suppose I

'T'df,i,ff i;G;olLllt to p6tnt oiit tnef wtll after we rlnish with thls lesisla'
tu-eiffi:ici-rnJaie-u:t-enGrCa ugntr flon- But It thts obJectlon sere to be

F. il"cn';bft1l"n goeitUrou6 mimi excused ln bailout conslderatlons. we

Girdr;i iJvf-ew UV ttre Oep-ariment o{ woulifbe encouragtng vlolBtlons of the
iGttce and ls consldered carefully,l law.
6G"-i"t"*a o"rJ-.ni,iiJ"iil;od; --what 

ts so btatant about this partlc-

tio'n-wnn ine iurinrttrig liir"alEitoil ular exceptloq tlat ts paraded before
ild"ea Dre; p"vr, to"L6iA*rn-tani us rs that tt ts the sa,me vlols,tion 10

attiillv-Gl"erar-f6";5!.ar1 RtihtA, years apart,. the -sa;oe. vlolation of
itirtil; teiturea to th;1-iile-!ii"ni\ !"v4g to redraw 'rrstrict llnes depriv-

i'"ifr-O"'g iavrce io jurisiicho* itioi I tri.tu* of tholsa.nd.s.of -people in that
i;-d;vlltanv zuri-i""iots" A iuti"'f stite lloE the rleht !hat. the-State
di"irir-i-'"u-"4-ioi zuinil-J -cn'rnge[ 

was alrea(v wamed against violattng'
;16A;, bua-ean-b8r;tni Ueneftt olipa here they.come back Esaln wtttr
tne -.firitice Department's advlce and ! the same vlolatlon'
assistance tn whatever-ailor"i-itte lu'( T'lre CEAIA'MAII pro tempore'-T'lre

'-i-dirla ilp" l" the luture tlre State 6y the geatlemau from VlrSlnis'(Mr.
of Vtrgtnta 

-and otber States would Bsrlra)'
ii*yi-t te Eavantaie ;t th1' b"S T'lre que$lon was taken; aad on a dl''
;i6d ot aegoiration-ana-6it assisti ,lslon (denm,nded by Mr. Burr.rn)
iii-Ja"a noi-g*iaugnt crittr an oUlec-.lthere were-ayes 18, noes, 27.

6on on so.ething ti;;';"ld-["rive[ so the aneud6ent was reJected-

been c.ured beforE tbe submlssion lsl \xnrlrrurt ortEaID BY xB: coLLIIts 0r tEras

iai-e 6ecau"i i woufaiai to the sen- Mr. COLLINS of Texas. Mr. Chalr'
tfeman ttrat the Department ol Justlce ul8n, I ofler an amen-dmeut'
;bFcts vi"v, ,"* riluctautlir. The Clerk read as fouows:--ifr. sUfi,ER. ur. cuairmaru wiu Ameodnent offered bv Ml' coLLINs of
the ientlema.n yieldZ Texas: Page .tr iine.8, tnserf, "the Govern'-"d. -IibiliiDS-of Callfornta. Of ment has lslled to dlsprove bv a preponder'

"o-GC" 
I yt;id to ttrilge-ntfeman trom Ti:-.or tho evldence the contentloD of the

- 
til-B-U'I:,ER. f thrnk the sentle. Mr. COLTJNS ol Texas. IvIr' Chair'

nan roi vr1-rafng. r appieciate hls ref- ma' I can well understa^nd how some

ermcJlj itre r-sZf r-e-dlstrictlns deci- ol you get restless. Bu! I wa.nt to
siou and its ltres. I a1a toia itrlt tne remtnd you 

-U 
you are from oae of

;bJec6og;aswittrOrawn" tbose nlne States you would under'--tbe- 
se"tteman reallzes that that -Ptand- Why w-e ask.for equity'

coutrorE*v atappearC[ tn the litisa{ This a.rnbndment strictly places the
il,on over the one-man, one'vote quLs'\Uuraen of 'proof 

9n- th-q Goverment
at;; and went lnto tni pederet court. Jtnstead of on the defendi:rg local Juris'
iiut ttrat wai tn l9?1. Thst was lg(dlcttoru.ds I was saytng' you some'
years ago. \lmes 8et restless as we bring ln these
'-f fnsfi'ttrat the record of my State amendments, but you have Eo ldea
fs anJiempiary one, and |t the-gentle- how restless you get-[ you are one of
;atr f6B CafUorriia wig recognlze those nlne States that have to live
lnat tUis ts the same.llne I applied with thts Vottng Rtghts Act. Texas
iwfde, a.na itrat those are the only ob- slnply went under it because 5 percent
j;dt];ns tn a tO-yeer perlo4 that we 9f the people h gur State happen to
iiavi compltea ana our State has com- be of Latln America.n oriein' Because
pUea *ittr the submtsslons. We trave of the fact that these people have a
["4 tttC--tCa.dership, we have done historic minortty backlround' so ln
wtrat-was expected-of us, and tn thts ]9?5 our State went under this.
ilrti:rfi G1a"ce ttr" Stite of Vtrsin-f-Now, whatwe arg agkgrq.here ls why
ia dutcftyiompUect wlth the sueies-( should the State Jurisdictlon' because
UodJ-otitre department of Justice.\many catne from e neiShbor counily,
iirtr"pi ttrey weie lnfluenced by thel they dtd not ever say Texas had ever
iact tiat thiy are conJronted wiltr an\ discrlmlnated; the law sald because 5

efedtion ttris 
-faU, 

ana thev reallv had \percent of the there were of Mexican
no atternattve to ar8ue whether it was )amerlcan ancestry or lllspanic' whlch-
a rritrt obJection or a wrong obJection, /ever tt was, that we have the burden
Utiitiiey inn comply. The geniral as. lo! proof on us to prove no discrimlna'
sembly met promptly and adopted ac' \iort.
ceptable lines. \ Suppose. you are out h-ere arid you
--6n itreEasis of thBt sort of conduct live in a llttle county and you are re'
wJaie itiU to be penalized for an addi. quired to go up anddefend against the
tional 10 years. I do not think that the U.S. Government. You have very, very

G'

r+- -r G-.-:+r:+;i--++:.- "'; )'-:- --' -t'



rr6e82 
*=-dffii$5;;,-3,m-,$g"gT+uA*"#;, $#J; ; IlilT,fHJe',f?#T

til6 the ballout. The
;;;*dt!,etlqtrtl,Ilt5nfi*" [mm*f"*f',if,=S*ififru** tn"t it',i*1Ea-nol ue * "IePllt;: ',gl 

Isiitr tUe I8w to thls st
uowcourdtlreGovernment,.wNch-rs EIg#t"##;#-fiffi6;Affi-in" UH*tiLXyft"AHTi3.l"fi'f .''-| '' I

m.**"":F$r-*rn"Tiiri,lt $k;*agarnrbiexist€nfe.orrnrrrnida- Eoia"tioo or harassne* "t H;; Inakes a lunble or ulJ ilH; i-f;* ti""'d; h8;a""tept has not been ities?

ffii*r_;"Jfl,,"rt}i];ffi: rJ}# f#:tx#fr9{i,;r"rlfgs .x;r."mn!:,:y"-T* 
Iil6Ir--,iutrc.,n,o-*5,,#"i$t;{ $giffiiffF-,ffi*p* # lforce and. thereforc

qme1rlrneUt.-iri"*csa'n*^r"qg'p""r,rffilp-;ffi*'#ffiTm""" 
I

the aneDdnent offer
.man froEl Texas (Mr'

Xr"l;H?*Hr€je** r:I}JH#;",,ifii".*;i*"friill "'f:B:i*H.'rt"r"*- 
I

Mr. BIITLER' Mr'
an amendmeut. 

t",irHffi"tt"" fntt*;*1""f,""$L5;qg9411r #. ii;ron 2 or rhe vorns T1*:""1* I

T:**** 
*ffim*tffiffi'*t*1fl+-*t#FffifffiM"ffi I

Amendment olfered t
6. becl$jns lD llnG {str
ernmentgl uDltl wlthln

page G une 0' stdtsc out "n''ve'- E.,q .*rr i; -,-d"t-ahrs_ 8ct, 
"pg tf,.?^";-*-l ff"ffifffi"p't"r'fidi-6"* erecGa-u I

"ha$' to lleu tb€tlot'

.,ft8?,f;.H."",1,.,iT**i%o$f,tns m#n-.S{S$:,mtfffi: ffi##}d?tr*i";;$:Ei';"&[: I;k#fffi:;;;;"lana inse* ffi*:gtm: H,:'EHt-,* w,! t,'e lonsrriute 
" 
r"*'f#uT" .ection"" 

I

i[:,i*" "any'berore "1n' t"ft]."fffim'r yteld to tJre sentle- T,5e crrarRnirox. ar" there amend- f\ I

-s"#*'s'"l:,%iJH::-; g"ffif*gry;",6+: :ffi -fo i"#ffr",,"" \\ 
I

Paee 6, llne 13' str
Inseri,.tras. t ueu m#if.--- 

-- 
Jectionable, and we wlll

,fAf;ffiJffShfefe'{ Fi%sr-AnDs-or^9"ruo'or*-u"''*ffJ"*,'"'ffi l?uil';,,** *o I

ib* tn"t ttre amefri*effi-j;;la- c-riiilfr"r:;G-r" oppositlon to the *Slhui'iii'i;;*'rn'fi;i3fi -try Iiiil "ii-'u-ii-a"d-p-.l"t"a- u ttre ffiL$r"ih"* r susssj tb".lp_51* fu*m,H;T,3;'&h, secuons accord- 7-./ ., iRrconl.

lHim,wr-'"1if; rn";lt"# f;$Llli!ffi ffiBSffi HJ.w*HslTffih'%i# ) - IVirginia?
Trrere \ras Do ooJection- tutJ"6ri'#6"ioto' tn6 :,,'i"amion tiffiif;"ird 

cbBnse 1 "o"?in-iiis I I

oii.Bffir.nn ni"i'i"a wls.qrveu *ffi?fl31:"?i!1ffi8ffif: *.'f".*;n"H*-","9*f."J*fI / |p"friiJon to revise and extend his re' h;;-*a voung ,*fffi*[i lfl3t-ilfrr;;; "o"rr"* " ,rfij:f* t Imarks.)

*ffiimrry;T#4id1fr "dlr;m$,:ii"t}i$ffixi #;t#s#tsi',"{"-H$1#;; \ |

the ttroe of the "d;itil:-b"t'-t-frit 
is of election aud votins pr

;j*HiqiE#$-*srrHlr Ff::ffi.f#-*H&ffi liilt--++*',rf*m"'#,ff9 
I

determines tnat o'riri,*g"tiJ ro v""* rory-are 49t". t{1i_ff;"J*|* i-"i.-'..-- . , ,r.L^r.
preeedins the filn;;iin'action-ana a6,ies tto- tbe bearins reco*o*u t- '"Eo*uru", whv shorJld theJ vote foi
ihil;;come to",iltti,1i;i-*nitt' *l[U:T"m$:iTfl$U;:*iii" ui 1g9 1gi,i,,i-1"1 

-on 
1ts merits? what

;:ii"-""1"-x*+itlrf#*#ilt,Hrmer**r*i{'-&1Hii*,*fiirrf^t[-:#,i**flq+H"f 'sovemmental ,Ilto "tifii""iiiil*tiitol 
n""" 'inds withirt the bailout

ellmlnated ootrrrs pro;;;,;r; tiiti"i' i"r'itit relutt in putting the bt

;ffi;du;-a;a l;##?"iii" !ri't'6'ii ilfr;;dti"i-bena$m;$ffif SIil'B ii",,ei:h;'w-6;;u-ido have a tovn or
.proces. .partteg defendlns.th" 1,1*P"l^tl""r-t ;iil;ffi;r,o]v, rir wnictr vou have at

rf you ltsren closelv to that, *I,+.t i! ;;';;*h;;-*"inq.t#ffi;;-;'-di;-' gilv--o" a countv' ln which vot

says ts'rhat the c6-tiit must find that ";;io;iiil"ig!ution6;: 
* - -- large 6lections' Do Datter bow Eanv

th.ey have eumi:ratea somerhin& .the ^ffi;rrr6i- ffi. an"ifr?* wur rb_e ["m*:"rl*y i:ff l?lH,gT fr"t'f:;iir";;;;f *ni.n-ri* "ot 
beenlstab' t.fr:1"ffff"i$S. or carirornia- , ","ii i:':p-i;'in 

-;'reiJienaum, iI- a sroup
,llshed./-ii-, en'rment wourd simprv sav '"Hit#Ht*lt#"f*; !tri"i*"J*'ffi1fmJ":'-iffi:f]&:1 trr"TU*or" you ha.ve to prove thai you _I^t: 5i*"3: Ill?it""'JL ffi'h-**"- automatica-rry you EllI be. f.o:

) have elitntneted tu" voci"g procedu.res 
"#i"ti 

*^lin--'" il;t;d;; il-i-;t*"- automaticallv vou EllI be forced to eo

/ andruerhods or eleltirn w-hich inhibit ffiii ;;-i"u-i,Girou^ii f,iffiu& into a ward svstem or'a dlstrict svstem

\ or dilute equal a.cJir,the court must &iit.-fot-"*.-pte,-ttri i"t'tf"qt" o.r a-quota system' whatever o'e In&v

/ t#il.rtnd that'ii,'"i"ilJi-"-t"o'"' t;#-Eil,f:ffiJ*tl**":f* 'nf;i;;t".ii"k a^menamelt"tol. L)
Ittrisamendmentsavsthatthe.courtiii'Gtv-&iiculttod";;ffi;;;il;aboutlrtcameabout'asru
\musr rind circumstances w*ch inhib- ili fi,i ;;; ;dt 'i":*;:fiilhil?. ii ui"i*-e or tbe case or Mobile Y'



The Supreme Court said, "You have nents of reauthorization contend that
trot proved intent," and agreed irdth the provisions of the act are not

October 5, 1981

asailst Bolden in which 70 years ago
ttte people of Mobile decided they
were going to elect their commission-
ers to a certain way and they went
into court and said, but it has the
effect of discriminating.

the city of Mobile.
- f say to Ey colleaEues that

CONGRESSIONAL RECORD - HOUSE
Not only is votlng discrimination still
possible, lt is even coEunon in some
areas. For thirs reason, I believe it vital
that the act be reauthorized and ex-
tended.

The Eore vociferously the oppo-

ueede4 the more it causes me to pause
and thinlc Why do they protest so

H 6983
ft says, in the language that the gen-

tleman would strike:
The fact that -members of a minority

group have not been elected tn numbers
equal to the group's proportion of the popu.
latlon shall not iJl of itseu constitute a, vio-
lation of this sectlon.

So rge are not imposing a quota, nor
a.sking for a simple head count. What
we are saying irs "this is now 1981. The
bigots have gotten a little smarter and,
so have the not-so-bigoted who are not
so crazy about equal rights:" People
have gotten a little more sophisticated
and, ln fact, as every legislator knows,
it is possible to bring about inequitable
results without getting up and making
an announcement of it.

the
States that are covered under the act much? Eor lf the provisions are not-.todayandhaveat-largdelectionscould needed, tben why be afraid to have
have hundreds of towns and cities the law on the books? Some people er-
brought iDto court and made to roneously believe that the impict of
bhange their style of electlng elected the law 'unfairly fall"s only upon
officials. Southern States, but I am quick to cite

Under the BilI of Rights and the that many States in my own area of
Constitution of this country, we say the Northeast are covered Jurisdic-

1\t
and we advertise we govern by the tions banning tbe use of llteracy tests. This does not say that h an at-large
consent of the goveneed. I would say if , Mr. Cbairma!, I believe ttrat +his is a election if you do not havi enough mi-
tlris were to happen it would hardly be sound piece of legislatio4 which ad- nority groups you are i1 violation ofthefact. dresses the.problem of confrontfurC the law. trt says lf the court looks at

Mr. FIIIANK. Mr. Chair@an, I-move _ and.controUIry'discrlmiDation as it af- what tbey have done and says. theyto strike tlre requisite number of fects our most- cherished right, the have acled in a manntir which iesultedwords. voting right, which is the foundatlon in the denlal or abridgement of rights
Mr. MINISE Mr. Chalrman, will the of our American politlcal system. they are i11 violation.

gentleman yigld?_ Mr. FBANK. Mr. Chairman. -this I 
-do not think honesgy there is aMr: IEANI1 I yield to the gentle' ameudrnent would i:r fact eut tne blll lremoeioi thi,s body who does not un-

man from New Jersey. falrly effectively. What has happened airs[ana ixac6, what is at stake here.MT.MINISE. Ithankthegentleman which requtes this la.nguage is...a ifre-q"is*on is, whethei simpty ny

marks.) ion able to come forward- This *""a"frd"i;""1d;;i;-i'1"-

'"U"; 
l5TSfuH; $?:ffii E! "om.ii,Ji, 

[?fu"H1&:"'H'":",H tp$.ffiffii
3l#Hi*i,t','n""*"#,1,""f i*i* #?,'f"lf;i:?';'lffilff.*S,_$u1iffi; nfi:h*t#J";i5lilbil p;t ot

"T?#3Jf,"lii"rH3i.,'H"""r"Hlr,i"? ililifl"" ot this act.vou n'r:lf"r^" 
_g''. S{"*RENNER. Mr. chair-

nooi uicx- in isos, rvhen con8ress Tiio*itrerwords,Mr.crrai:nlrr$-A **i]-*oJ:,L" strike the requisite

f%y|"19*F;.o* 
^_,-^. ^_r _-^ J-.^_ Leceut srpreme- !.ourt degisio:t, St+ r;llid-;;;G *h*iii" iii,igqs[lhIi(Mr.-MINISE asked and was given the memben of the court somewhat G;d io-;i, pubticiy

permission to revlse and extend bis re- ell eysl the lot and no maJority opin- gi"" ti"-? Ucense*r

can society. Not qnly would we negate derstand how legXslators can acldeve mittee bill. which the gentleman from
those civil rights gairxs so painstaking- - an lntent without saying it explicitly, Vlrginia's amendment attempts to
ly achieved-in the early 1960's, but it ts the Members of thls body. If delete, is to clarify the standard of
what is,even worsb, we would be deny. there ls anybody here who does not proof in establishing violations of the
i:rg our time honored commitment of understand how to achieve a result Voting Rights Act.
assuring legal rights to all Americans. urith a wink or bli:rk and nod and not Congress lntended that the same
We. would regress from the more en- the right words, we wiu have classes standard of proof apply throughout
lightened position of legislating equal outside later and all will know how to the act, but that different remedies

- access to the ballot, box for all Ameri- do it. would apply depending upon when the
cans, to an inferior prejudicial social So that ls the question. Should we violation occurred.
consciousness reminlscent of 100 years give a license to sophisticated discrirnl- Thus administrative preclearance

nation? would be the remedy for discriminato-
I wish that there were no need for a What the bill says is that you will be ry voting changes in covered jurisdic-

Voting ltrights Act. Unfortunately Judged by the result if the laws are irx tions and that Judicial remedies would
however, the 1981 committee hearing a form which results in a denial or be appUed to existing discriminatory
record, 18 days of hearings with over abridgement of the rights of the mi. voting practices in the covered juris-
100 witnesses, conclusively illustrated nority group, and it includes specifical. dictions, or to existing practices or
that voting rights violations continue ly a disavowal of a{y effgft to require changes in the noncovered jurisdic-
to ,exist in the covered jurisdictions. quotas. \-z1a tions.

QL(-
r\0 '

nooi uicx- in isos, rvhen coneress Tiio-[trerwords,.Mr.-ch.i*[r$S-{ fiHiJ.#ffi"i3. strike the requisite
originally passed the Votins Rights body in one of the leglslatlve bodied -T;::-::::', 

-_^Act-. r was broud to ue an ifrtial-;uE i-oi,ia n.ru to be dumb 
""o"*L 

;;;;il ^, YI'-9!*-an' r rise in opposition to
porter of tLe legislation" part otltie ,ij-*d-iiv; ;i"i *- 4G"ffitrri63 the^a^EentlEent'
ereat strides made in'itvt rigtrts nfu"*youlavesomeone*iiu"sbe/ -J9:q9T 

2 of the committee biu. a,8

Auring the Johnson vears, as i'a,n t-tra1-,-V6u would have trouUfE-m-eeifiE 3aul999'_i" an exercise of the broad
proud to support this biU today. iiff iroot of lntent. remedlal power of Congress to enforce- rhe 1e6s-'votine ntints Act has :vfiiit1-tii 

ao-"i-G ro sive a rrcense to llf.r*hffi;;fi* til?,|*t 
if,:been pralsed by Memberc on both sophlsUcated discrimlnators.

sides oi the aisld as the most effective --frirw, ioptrisifcitea dlscrLminators power to prohibit voting in electoral
piece of civil rishts legrislation ever en- may bb a relaflvely recent aaaitton io practlces.3.nd procedures whiclr.have a
icted by tne -U.S. Congress. To dis- thi po1ticat scene-. Twentv vu.ti-.eo raciallv_discriminatorv eff-eg!. 

__
mantle this legislation today would be the Ligots were more acco-nriroaatinlg. _ The Supreme Court of the United
a pro'found loss to tbe American They did not hlde their bigotry. Bri-t States. ln-the gase of t\e_.Citg of Rome
people and to the ldeal of democracy. thef were caught at it and we basseO v. United Stotes, 446 U.S. 156, as well

If the Votfng Rights Act were not thid bil and what we now have is a sit. as ln the ca-se of Fullilove against
extended, it would mean that we ire uation in whlch they do not say these l(lutzni.c_k also decided in 1980, has
the IIouse are willing io settle for less things tn publtc. reached this result.
than what is socially right in Ameri- ff fnere is anybody who ought to un- The pu:pose of section 2 of the com-



The bold approach of tJre Voting agreed witb the Supreme Court of the I would urge us Co accept the rmend'

. Rlshts Act of is65 *hictt sit it apa,rt 0-niiea States. As iuch tJre comnittee meni of the otber gentleman from Vir-
from the otner actions-Uy tne Con- nas piopo.sea an aEendment to secti'on glnla. ''
gress to protect the rlgbt to vote was ,;f an; act which would establish a Mr. McCLORY. Mr. Chalrma'n" will
itl-ivpi?rf ."-ed; tg;tplito correct iesults test, or what the Eentleqqlq the sentleman vield?
vothsdiscrtrnination. EG-nksi"ia trrar. rir.u.svt 

-nas calea rvri. aurr.nri. r vield to the gentle' .D,, )--affisress 
Aa-no[-fniena that a proot an effects test, 8s E single standard to .mari from Illlnois - / ) ./

of 
-a 

violation of the act would dtffer Judge dtscrimlnotton ln vottog rigbt Mr. MccLoRY. As I understand the r' --

fromsectiontosectioJ Utiiation in order to ctrcumvent the amendment that.we are considerirog
-"i;;;e-ntlt-eiian-irom virginie tMr. court's deeision. the deci'sion of the now, ii is an lTenll'nent which would

. BLlr.gyi; fro ni" .riirti"ni -Glavoi of Supreme CourL 
' 

undo or override a decision of the U.S.
hV ifri" "ii""a-*i1i-tnptyilg 

that aU Tlre results test cogts,lned tn the leS- Supreme Court i:r the case of Clty ol
t at-iariJ electlons are pei se discrimi; iSalion reported by the Judiciary Mobile agalnst Bolden- :
\ narory.Thatisnotthecase. iloilirTtt"'J-i6ria UJ"rt lrbhed bt; I would further ask tbls qutstion: I
"S -Z aftfiougn there is ample research ctr"nie tn ttte existtng sectlon 2. This am conceuled about cases of aD[€x'

wnictr supports the conilusion that G-iiiUo" 2 ol the act ttrat. I have atlon or disconnectlon whlch are fre'
nf man-v of ihe so-called reforms ai the UefoiC you and you wlll notlce what ls quent moves made by municlpalities
\ fi"ioi-tti-centurv, such as at-large sir]cferi out bf tne biU and what 18 and other bodies sometlrnes for the

elections, were designed to include or aaaia Uv EjR.- 3112 ls underltned; so purpose of encompassirxg an lnCIstI$
dilute thb voting stiength of many on itre eite,it of thls amendment sould,be area or discorurectfurg an area that is
tne Uasis of ra.ee or class, section 2 of to riitoie as to the law tn sectlon 2 undesirable for one reason or a'nother.
the bill does not make such practlces wttt, aet"ttrrg wbat tg rmderltned and The CHAIRMAN. The tlme of tbe
per se unlawful. Only those voting relnsertina w-bat ls presently there. So gentleman from Virginia has expired-
bractices and methods of electlon it would say, go back to where we were (At the request of Mr. McC.ronx and
which result i:r dlscrimination against to begin w'ith. The blll would amend by unanimous consent, Mr. BIrTt.n
persons on the .basis of race, color .or seciloi 2 by striktng out "to deny or wes. allowed to proceed for 2 additlonal
membership i:r a la'nguage mlnorttV iUrtdge," aia msertilrg ln lleu thereof' minutes.) r
goup, as defined by the act, are pro. ..tn a manner whtch resrrlts ln e denial Mr. McCf,ORf, Mr. Chairma^n, u
hibited by the Votirxg Rights AcL or abrldgement of'-eflectlvely r"eplac* the gentleman wtll yield further, that

r.tna[y, I would polnt.out that tbe-re hg tntent rrlth the resulL when such sctton ts taken lt could be
ls nothing contained in Section 2 ln the - Ifit ougtr the sponsorlr of this hterpreted as adversely affecting a
bill as reported by the cornmittee tbst dA-a;&t arn-qutif 1g dlsmtse the person's opportunity, for insta,nce, to '

insures a rlght of proportional repre' contintton ttrat li woutd establlsh s get elected to public offlce as a result

O.19OO 
-tton, lt ts diffibuft to inter?iet the in- raclal identlflcaflon-

elr:3*]i*n"=**ffir1Hi 

ffiffiffi#+fi{:$i tffiffi - 

*..

is 40 percent mtrority
cent black city council,
se violatlon of the Vot
nor is there a- violstlora--di.t shourd "i&1'{";t'"'ff if;Hnf S,fr$Hffifn';:H ffi,f"".?"*T-'*'"ff1;L"JT&:H }>\
*$::..t,f*T?jl":'g lorlptJ-"r,a-"r,t Ii$" equrvsl;nd ror ixanpte, trre wuo rnois'wrrat tt Jresurts 

'are, 
or li --:)

orlereauv trre senuer;;:; rilH'fiffi;: [flT*L'S"StrXr"",*'i;Ho"l,ifH: g,i":"#1"1:"Jl?#r H"","tHt"f;
ia should be defeated

(Mr. SENSE5IBREii1NER, asked and commlttee 5e-port saYs about what tttls do'

was siven perrrissron"t';i&- ffi arnendnentdbes: Mr. MccLoRy. Mr' chairman' tl
' extend his remarks.) It would be tltesal lor an et.large electio-D the lltleman will yield further' what

Mr, BUTLER. Mr. Chairman, I move scheme ior a psrti"utar st"te-or jocar-uai we lntended tbrough the Vottos

m-sJrre ttre'req"r"itJ^'iil,t*iti-it'.8 SJ:y;"*lt',:,n'.f,;1*f,$'tri"i* *Hif;g Si Hf,: Hi"Ti?H::"'t:*llullllsi Acf oI lvoo aa(r Enroug.n rui ex' h
Censions is to take care of .ihose cases l(f
where tbere was discrimination to' I d{ -\
tended aDd perpetrated as a resuft of [({
acttirn wbich was taken by a State or v

H 6984 CONGRESSIONAL RECORD - HOUSE &tofur 5, 1981

r{!einsW _^ ;ffi;iti"""aaatesorcanaraates'raen-tlflea ;#r;-rf# iri E""rffirtiori in-Mr' otrslrh-am' t .IHlIffimK**;il;l"t.;;t ;leraciatorransu8se,l' fjlFgg-J"::t":*i-*:1".*:: btCzure that the memberslsure tnaE llle glellrl.,Erl'ruP uruEro@ra\ nority.
what we are about, becau.se I think \ ---wnaL ws ar' auuu 

]Hffi4,J#r:Hi"dii#q#ffi L*s"ii,$?ld_jxaffi $;ry;
this is probably the E
change we have made ir

Though the JudiciarYr,uu.'u's suuerorrffi** 'v 
::::1"':t;Jffir:Ti^Eiiiq{8.t":{ ff:ilfbll'li!d{i':e!:,1$iEErDrm*Ty-oIf-68!

tlon which would assuLlo[ wrucrl wuulq DDt
ern states remain "or&t"i|tn1-iii 9w:t crolp or subJectlvely deterained based upon hls or ber ethnlc or raclal

cial provisions ot trr" aii]it;l"i;il;- to be afllltated with their interests. staius, then tfie-annexatlon or discou-

took to define a .tr"a""h'iJlu-asrfi; . T'rrus, the eflect of !48 anendnent, nection would be voided.

crimina6on in vorins iilnf,'riii'eitiiir u the 'meudment of the seutlqmla Mr. Burr,ER' rt would so bevond
generally. The sufiem; a;rrtt ,fii- trom vtrginta ts not adopted and the tJrat and it would co behind that. so

sion in clty of Mouge-igiiirii-Brlffi results tesu ls irserted into the law, irs that existlng siiuations would be sub'
(1980), raised the fo"ui'tT-nrt fi'tn" to. open every single at-large voting Ject to liiigation regardless of the
ipp*pr1rt" stanoara" ;v -ffi].h '-ti scneire ln the unlted States witlr I origi:ral purpose or even. the reasoa'
jie;-at";i*in"tion rn-iotiiG-iigrril suPstantial mlroritv ln that area to ablv foreseeable effect.
litigatioru rne snowin? di;;G;; attacf as a ]vtotatton of ttre votirxs itr. cor.r,n'ls of rexas. Mr. chair'
tur-intent or the .tro'*iri-oiLiu.r- Rights Act. man, will the Sentleman yield?

anced or discrtminatory ii*tecfi rn its Now, none of thls ts neeessary to the Mr.- BUTLER. f yield to the gentle-

G;Gi;: ttrJ-CouE treia that an elec- ext€nsion of the wt Et all. It ts not man from Texas.
i&E ictre-e wnicn is raciauy neutral neoessary to overmle the Supreme Mr. coLLINs of Texa.s- Mr. chair-
on itJ f;e, violates tne fstti amend- Courg oathe United States. It ls a very man, the gentlemas from Virglnia ls
menl qnly if it is motlvatea by I dis- enlightened optnlon. I! has a very an outst&nding lawyer and w"{ T' ;
criminatoiy purpose or fuetent. .ds sound basis. Section 2 is tied to the guainted with the legal faccs' and I,{n ,r/)
stated ln its ripoit, the committee dis- 15th amendnent as was intended not a lawyer:* but it was my under' 'V

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'X1-*i:ffii?f,1tJ; ;;. ffi,"e}#t,m5: ['?itr,,'fl ;T""*Tr,f;];ftHlH,i?"vtosuccessru,v
mi"t guar.nrees any e-oup ttrJ rieht an tmy'osstup burden to pr.ove intent . U the aP:ndmgnj ! {oPl-{ y,9_y} -
to-Afil;aess to iUL ["uoi Uoi dat to ais(rtminlte, even where the systen have what the sentleman from Virgin'
ii wlii ttre l5th amendrnent guatan. clearlNbcdminates. la characterlzes as a stri:rgent stand'
[iei. virraf *i arc seeins herJ today, ] 

", 
, o, n ard, but requires that a ,.smoklns 8un"

;i-;;ur;;ts ine fact thatthis btu thit u 'srv must be showu to successfullv prove
;;-fuvA'on rhe floor G;kif q;;: It _requlres the-courts to t!4-,!-+9 votlns dtscrlmtnatlon.I thi:rk the sen
;;.s to ovirriae a runng oitrre su- nEfg!!:P,u.opl:'_YITH::".111*I ugman troa v!rf$1I5_aoT_ 1911'5'eD w s '.-€ '- --- -, gotng to deny tt, or read the mtrds of rate when he wrbte this report tha^npFeme Court."-fUe C UaX. Thb time of tJre people who have been dead.for-3o or when he spoke today, and l-hope the
genlfenan iion Virginia has again ex- 40 ye-ars. Thls bill makes a siFple and Elouse will adhere to his earlier views.

-iii tn" request' of Mr. Cor.r,nrs o! ca,n be proved tf either dlscriminatory move to strike the requisite nunber of
tdiis,-ana uJ unanimous consent, Mr. purpose or dlscrlmlnatory result ts words.
Bu116; was iUowea go proceed for 3 showD- Tlrts makes tt possible-to prove Mr. Chairman" might I merely add,
aaaittonat mlnutss.) - a case where there a,gtually is discrtml' tn hopefully closing the debate, that- Mr-EUU,ER. Mr. Chairman, I yield natlon, and lt allows the,court to t+e the most Important senteuce in the _

to tfrl-gJnUeman from Texas. - . totO account a nunber of relevant fac- Votlng Rlghts Act would be made a -

Ur- EOt t,U.lS ol Texas. Mr. Ctlalr- t6rs ln maklng lts dectdqq nullty ll we do not ellminate the
;t., tUts my understanding that bere Mr. RODINO. Mr. Chairman" will trteni requlremeDt that ls uow opera.
we trave trr tiis biU.as lt ca,me out from the gentleman yleld? tlve. Elers ls the one sentence that re-
tne iuadary Committee, aa stteDpt Mr. EDWAB,DS ot CaUIorni& I yleld quires tbat we look at the effect, the
bt the Judliiary Coamtttee tblough to.t_he dls!4qg$_hed_c-haiqlan- - r-esult, or the iurpose, and not the
[btr 6111 to oveiaAe the rulins ot the !l[r. RODINO. Mr. Ctalrnlq I mtent. This ts the iection that wo,td
Suprene Cou.t oI the Ilnfted States. thank the gentlema.n for yteldtng- I requte crtrutial-spectllc lntent if we
it-G-an unusuat sltuatlon when we see would merely Uke to point out that do not defeat tJre present pendlng
[trJUUir*s" that speak so often a,nd so thts ls not ltrst sn lnterpritation. on amendment:
aioquantty bn ttrii floor.ln behalf oi tne part ol ttte Judlciary CoPldltee. No vogns quatinbauons or prerequiste to
itre-Suprime Court, to say that here Ttrd Justlce Departqent t-ook a posl- vo-t-rnd d" itandard or stendera practice or
tiiiy- tirtnt tbe Supremi Court ts tlon tn the case of' Iiodge ?cq$! proceiure shall be lmposed or Lppled by ''
wmnS. ana we sfroqtC legtslate to FuItoD, wh€reby lt e_stabUshed yhat eny state or polltlcal subdlvlslon to deny or
or"-frrie-trrJSupreme Court.- bad orlglnally been the_inteut of the abridge the rtght of anv citizen to vote on
- -vriat 

ls 
-tb;-iiiiffecl-oi what the Coner€&, thit where there was dls- actount race, color, or ln cqtravention of

geiluJman says Aih h6il;"'ffi;;i? - crrm]natiry- iirect, then. there was the guarzntees set rorth in this sectiorL
--Mr.-BIrlIffi. fUe net etfeci of thls lndeed E vlolatton of sectlon 2 of tbe Clearly, to all oI those who have
eneian"nt ts uol onty to overnrle the' Votlng Rtghts Act. wondered how we can tnclude those
SupreneCourt, but td bdng lnto ques- Mr. EDWARDS of Clllfonrta- Ttre prospectlve Jurisdtctlons that may vlo'
ttoit= every at-tirge voting scheml tn chalrman ls correct. late.the Votlng Rlghts Act, the answer
aheunied StateJ and conseguently E Mr. A,AIIf!BACK. Mr. Chainna,n" ls, thls ls how, through the fair appil'
iourt-tnposea tnterpretatlon bt a p-ro. may f ask the gentleman lrom Calilor. catlon 'of sectlou 2. We do not Deed
portttnaii represeniatton as a requtre ntl to yleld? speclllc crtminal lntent on the part of
ilent oi taw. .f ao not think thst 16 Mr. EDWARDS oI Ctltfonrla. I yield any local or Stste officials to deter'
wnat we E'ant to do. to the gentlemnn. mlDe that a vlolatlon has occurred. So

Ur. COU.nlS of Texa,s. Welt" I Mr IiAILSiBACB. Mr. Cbafrman, I I encourage every Member to read the
thank tbe genueman- thsnk the chairman for yteldtag. [' report ol the committbe at page 29
-I wantao nk evelyone to Jotn llr sup- slmply wa.nted to make lt very clear where Attorney General Katzenbach

port ol tbe gentleman from Vlrginla thatltlsmyunderstandingthat-lareie clearly-explalred wlty specifig intent
itvtr. Br.rr.rx).-I thtnk tJnls is one of the electlons ere not necessarlly prohibit- was neither lntended by the Congress

&tofur 5, 1981 CONGRESSIONAL
a

RD - HOUSE H 6985

sta,ndlng that Jusflce Stewart noted ln the Mobile sVstem;zd at-large elections member of the committee' who says

tile gofrCn case that the biact voters resulted lrn discrJrflnatlon against the on page ?0:

ia- fOUe votea &Dd they'registered blackvotersln)hatcily..- TtreintenttestdellnedbythecourtlsB
*rtuoirt-tr"-at"""C. rne Juitge thousht Now, the y'oblem -witb this mline' strinsent lqt-d"rq yllgllf1}"_3-911-,:l

Eost lnportant eJuendments that we ed, only.where the elfect ls to dlscrtml- or requlred to effectuate thls section. I
have had on the floor thls year. n&te. Am I correct? - urge that the amendment be rejected.

Mr. EDItrARDS of Caltfornia. Mr. Mt. mWARDS of Califoruia. Ttre ,:rhe CHAIEMAN..The question is on
Chatrua,n I move to strike the requi- gentleman from Dra6Ffii6Etjct.TFr\ the a,mertdment offered by the gentle-

much tlme it ttrts late hour, but thls ts proportlonal representatlon" an[ the amendnents to sectlon 2? If not, the
really a very lmportant .a,mendment blll so states on page 9. I Cterk wtll read section 3.
and one that we should take very serl- Mr. FB,ANK. Mr. Chairmau' wi{ the The Clerk read as follows:
ously and should defeat overwheln' gentlemao yteld? 

- \ ^ - - sDc. 3. Sectlon 203(b) of the votlns Rishts
tnsf. Mr. DWARDS of California. I dtefd ect or 1965 trs smended by striting out

Sectton 2 was desimed tn 1965 by to the geutlenan from Massachusttts. "Ausnrst 6, 1085" cnd lnserting lD lieu there-

slte uunber of words. I rise ,n opposl. somethtrg tbift miglt well bettakedrrDan from Vlrginia (Mr. BrrLsYr.
tton to the a,Eendment. trto account btFfrtFfrct6trf[ere ls { The amendment was rejected.

f certatnly hope that I do not take no questlon of any quota syst{m orf 'The CEAIRMAN. Are there further lt

methods of electlon& It does apply'na. plete overturalng, to fact. o-f -+9 Ur.oncCf.ORy. Mr. Chairman, I
ttouwlde, so the Supreme Court l1x Bolden case, because the court d*" ofJ"ian aiendment.
1980 was lnterpreti:rg an act of Con- say that the at'large svstem-the dt' --tft Ctert reaa as follows:

ffii:li#:i?1*Trts."il'#X"l"X i"ll3fi"Hff,tT'.,1i:*'rliifl,:ifi 
"*::r,i.*":,t*lllxt*;".u"",i.?:there must be dkect proof of a dis- dietes that ln the language the gentl-e\ in-fr"-gtr ii"? 9, and insert ln lreu thereot the

crininalpry lntentlon to establish a man Just read. In addltion,.I would\ followlne
vlolatton of sectlon 2. the Court re- Uke to quote from the dissenttng vtews \ sEc. 3. T'he Votlns Rlshts Act of 1965 is

thls Congress to stop the malntena,nce Mr. FTANE- Mr. Chalrman, I thhnk of "Ausust I, 1992".

by State and local goveraments of the gentleman for yielding. The p4lnt Are there amendments to section 3?
Iaws that dlscrlnlnate ln voting or should be made that this ls not a ctn' AuEND!.Elrr orrE*ED By rrx,. u'cloR,.

Jected the overwhelplng prool that of the gentleman from VAginIa" a

q0-



H 6986 CONGRESSIONAL RECORD - HOUSE october 5, 1981

(1) by striktns out Secuon 203; and passi laws to provide bili:rgrral baUots cast. In the p4qarl - election the
iri -ti sectioDs zo*, uy Jtrtkins out !', or [o minoritv vbters U title-Il were re- figure was $458.85 without a. .slngle

(3) ln sectlon 206' bv strlklns-99j jitS%.9t iloned, already have. I arn concerned general election, the fieure _improved,203" and lnserttoc ln ueu ther€ol "or 2o2"' ;;;;-'with ide costs this legislation witn $azs.ra behg spent and nine bel-
(Mr. McCLOtiY asked and was given manda,tes and the burden lt places on lots being cast.

perulsslon to revise aud extend hls re' Jurfudlctions whlch have not demon- The thrust of my amenrtment is to

amendnent would strike the. provl' informatlon which the subcomnlltte" ;;;;G oraei-to benefit lts bllilrgual
sions ol title II ol the exlsting act chose not to develop, I wrote the Juris' i.ruiaUin We often write overly
whlcb requlre thet Stat€s 

"9q lqg.at- dic6ons covered by the act and_asked 6i;ril-iiit"tes which have overli
Itles all over thls courxtry prtD!-brytr: for cost estlmates from thenrl Seven- 6io.a "ii"iti ana, fn so doing, set in

.gual e-lectlon -aterl{ lor certqln' -but- trssn States responded utd I-q$ee$ ;;,;";};Srr-" whicb create-in tner-'not all, languase mtnortties. It does those responses . tn Eft _r.ti9.v'g ;i;;i-ifi;ii;wn- We have been t"vios

ilX'*fH"!*?i""3TLHTT"JTf"# 3ffi?Hf""iffifiil"niufu1?1"# *";imi""lgf,t5Uy.X,"lltg
fore would nof endanger la,nguage r!i' was-spent lp 38 Ci;ltfornia -countles, ilfi".-G- lrf-arcn ia,- f-SgO, mlnorfty
norltles covered by the preclearance covered by the act ta the 1980 general' iiii]i"f-ili ttre iuU[ommittee asked
provisions o1 trlle I ol the act. I 19 election with a simllar amoln!_ltt !!! b-rew 

-b;ti, president Carter,s ap.
pleased to say that Pv {"_"ury_9,1!lt ndma1I electlon or- a lglatj!_t9J: i'6i""i*-to the Clvil RlehLs Divisio-n,

'. Mr. McCI,ORY. Mr. Chairmao, Ev --In g,It efiorrt to ftnd out for myself ii il"ipii" ulungual ballots where nee.

matter are sbared by the Sentleman ttraa 8t.Z mllllstr" In Sqn ltatr^js.co iiili ti" 
"o.t" 

were wiili regard to bi.
from Callfornla (Mr. McCloifTEJ: -,., alone, where Chinese b^all^ots^mrrst^.be Unniat UaUots. Mr. Days had no re-

Under exlsting law, ,yry9! !15-bll prepared, tbe cost was i40,542 for tbe Slffi;, il;ri"t, io uri iurprise of .no

XSSfli.T,lf"Hlt""il'',-T.,I ?lfrr$ ':fi:Sfi3?il',t:3t*L* er..sr*e. er ih-tll*.i*emt*:S,Sf,";
may be requlred. -to nrovlde reeJstra' the state of Arizona, noteg 

^tJt_1t^I9I iiri-.uiill** pi."-"a upo" states a.nd
tlon notlces, votlnsr -forms, lnstruc' eDtire Statdwa,q covered and qhli!|al 6;"1 ;&"r"-;ntt bv iie rgZS amend-
tlons, asslstance o: other materlals of broad coverasd placed a gle3i PI1+1 ili"tJid tfe V"tCg Rtgnts act.
hformatlon relatlng to tbe electoral on .qrnall Jurtsdictioas wtthin lt who *:::^":
process. rn order to bectme subject to had a very small fracuo"a froJ"i"iE --TTg-T?Jodtv 

takes palDs to poitrt

thts I'ederal msndate, more than 5 of tbe population who wer; :^:;:- out that the sttornev Seneral lor New

perceut ot ctilzens ot vottng ase resid- ot, the qua[fled coverod '#;ffi;il York tlsjl{led ln fav6r of ihe billnsual
-td-tn tn; Ju*aictton must ue mem' rirtgffis ini -nur9- state-of-Eizon! :fi|#tr5lS$l"H;rf,"r1?["L"lrt"r??]Tibers of a "slngle language mlneflty" as" covered under the Vottng Rl
defrned to tbe act and the-llutemcv she sal4 "does place ,o^" tittilli"r :LtFljillce' Georse v' P{mer' assist'

rate ot these groups mrxt be higher rbianctal burden oo *"rcTfrt-"fi l1!--"1"j]tt'e dlrector of the state
iuan trrenauoial 

"u"og7.. 
rri a"-rr"r- iiffsgri'sio"iqq"i,"ti"t9ur.1;llll;-' :3g*?'Se;ltj#'""S$$$t{;!tfflgtlon of sinsle la,ngusge mlnority ls llm- In Wyomlng, Thyra Thompson. sec' :'-:--- -'

HL:&JHn si"ffiffi:?m: :::Hiri$t? rBs,,B;#:;"Hi;B !!^E?:&r*?et&f,iilri:b:ifi",r{
other,motbertoneues,otwhlchthere covered by the bll{ngual i'to'"6ri'"i P,lE.E-!-he democratic process and

Bre some 90 accordrns to the 19?0 was:'doubled by the uur"g"iiilfriirE !h9!9-Yll9b Eav tend purposefullv to

celuirur, are lgrored and the deftrition ments.,' She noted furthet tt 
"t 

."-ilty perpetuate cultural differenceg"
aoli 

"bt 
iv"i require-an inaUUtty to lferGfot""Statebave,timeandtiml In closing, let me sav that the lan-

ipeaf ungusn. ag8in, "st&ted tbat many people with sgaqe-in the bill is too narrowly ap
--as r liie case ln so many efforts by s-p.il"t 

-srirn"-es 
are ofiendei by tne pued, too sensitive to specjflc constitu-

Con'ress to help aisoavfiiig-edl{-""i- iiiiication that they courjiol"r"ii Lncles to the exclusion of others, and

".rii]1rri. 
p"rttdo ot ttre-vot-ing nUnts iii unaeritana nngnsn." mlcq qo_ overboard with regard to its

Actis iar [oo 6roaa h its effeci. I have -in O;;6n" ft coEt ttre secretary of effect. My amendment would repeal
uo aifrcufty wtratsoever wtth local state'i offlce $?,285 per vote du-rLrg thos-e sectiorrs and once again permit

iore*-intJ aeciOng on thelr own to tiJ tbgg-rri-iii eteition and $4,2?i local sovernment to decide whether a
iioriai-utiiunsual etection materials iii v-ote ti ttre 1ti80 general electlon iu need exists for multillngual ballots.
ior language mtlorities within their order to confom to the Federal malx. I urge the adoptlon of the amend-

)).'

boundaries. This has been done in date contained ln this act.
Texas and New Mexlco, two States Simflarly ln Kansas, Jack II. Brier'
covered by the act, and in Malne, a seeretary of state, noted that electlon
State which ls nob covered. In the offlcers contend that ballots need not
latter, lts efforts are deslgned to reach be printed tr Spa^nish slnce the
a giroup not even eltgible under the "people requesting Spenis! ballots do
current provislons: FeDch-Americans. not need them." The cost per baUot ilx

The maJority ririll argue that the Kansas was $188.56.
cost of bUlnCual ballots is mlnirnal The waste award' however, goes to
Eowever, notffort was made in the ScottsBlufiCounry,Nettr.,whichspent
hearfurg process to accurately survey $17,6?3.20 durirlc the 1980 primary
the costsor to establlsh how much of election, and S16'044.68 during the
a burdeu they were puttlng on State 1980 general election, with the result
aud local governEents. No doubt they that not one voter reguested a bilin-
will cite us testlmony from thelr hear- gual balloL Not one. But Scotts Blufr
lngs to bolster their position- Unfortu- County was mandated by the language
nately, those hearings are not yei to lncur that expense-needlessly'
pri:nted a.nd therefore not.available to In Idaho, the cost of printing and
ttris body, with the result that we preparing bilingual ballots' as com-
must take thelr word for tts import. pared io the number requested, was

I certainly do not deny that many again sienlficant. Durihg the Presiden'
lurisdtctions have benefited from the tial preference primary of 1976' 1980
use of bilingual'ballots. It is likely that fi8ures'were not available $261'50 was
these same jurisdicttons would llkely spent and two Spanish ballots were

ment.

tr 1720

Mrs. SCIIROEDER. Mr. Chairman,
I rise i:r opposition tcthe amendment.

(Mrs" SCIIROEDER asked and was
given permission to revise and extend'
her remarks.)

Mrs. SCHROEDER. Mr. Chairman,
The Votlng Rights Act Extension,
E.R. 3112, ls one of the most signifi-
cant bills we will'have before us this
sesslon. Yet, seldom has a bill come
before us so encumbered by myths.

Particularly hobbled by myths are
the minority language Provislons,
which authorize voti:rg assirstance to
Hispanics, American Indians, Asian
Arnericans, and Alaskan Natlves. The
lack of voting assistince for these
groups has acted as an electoral bat,
just as literacy tests stopped tho
blacks from voting-ln the sixties.

L.

D



€;

October 5, 1981

Myth No. 1 is that btringual elec-
tlons are unnecessarily costly+agtr
true. Accordlng to testtnony before
the Eouse Judlcla,ry Subcommlttee on
Civif and Constltutioual Rtghts, lan-
guase assistance costs account for only
a .<mall fr&ctlon of ttre total electton
costs" Initial ccts in Califonrla were
htglr" but they have sb€rnlhed proce-
dUres and the COSTS 3,1p mlnlmel fgj
exanple, tn Ios Angeles County tto the
1980 elections, S135,000 or only 1.2
percent of the total electloa budget
went toward lmplementlnE the mlnor-
Ity laneuage provlslons..

The Vodng Rlghts Act requlres oral
aqqisbance at thelolls, but thls should
not increase the cost at all since billn-
Cual poU workers do not cost Eore
than &rgllsb-sp€&klng poll workes.

Tte cost lssue bas never been slrolfl-
ca,nt outside of Californla. My col-
league lrom Callfornia circulst€d a
"Deat'CoUeague" letter that gives ex-
amples of billngual ballots ttut he
claims.-are unnecessarily costly. I do
not tJrink we. can put E price tag on
the risht to vote.

Mytb No. 2 ls that bi[ngual elee-
tlons promote cultural separatlsm.
Testlmony beforc the subcomElttee
tndlcated the opposite to be true-bi-
linsual elecilons lead to a hlgh degree
of particlpatton and representatlon of
sdnoritles. New Mexlco, tor example,
ha.s had bUindual electlon asslstance
since 1912; and It has tJre htghest
deeree of Elspnnls irartlclpatlon aad
representatlon of a,ny State ln ttre
country. In my own state ol Colorado
today, 9.percent of our. legtslature ls
Ilispanlc conpared to 3 percent ln
1974. I tlrink the minority language
provisions have promotedrsuch partlcl-
Pation.

Myth No. 3 is ttrat.since the biltn-
gual provlslons do not explre until
1985, we don't need to deal with theE
until then-wrong. This ts Just a glori-
fied way of nrtttns ttre provisions. The
minorlty language provi,sions.do not
expire tr 1982 because of a legilslatlve
drafti:rg error tn 1975-they were

- never lntended to be viewed separately
- from the other provisions of the act.

There have been moves to elimtrate
the provlsions since the debate began
in 1975. A review of the subcommittee

-testimony shows that the language ml-
noriiy provisions are just as needed
today as they were in 1975. I think we
need to give these provisions the same
commitment we glve to aU the other
provisions of the Votins Rights Act. If
we.strike or weaken the provisions, we
are devaluirng the vqtes of countless
Americans.

I *g" my colleagues to vote down
any amendmeni to strike or weaken
the minority language provisions.

Mr. SENSENBRENNER. Mr. Chair-
man, will the gentlewoman yield?

Mrs. SCHROEDER. I yield to the
gentleman from Wisconsin.

Mr. SENSENBRENNER. Mr. Chalr.
man, I.would like to commend the gen-
tlewoman from Colorado (Mrs.
SCBRoEDER) for her statement.

CONGRESSIONAL RECORD - HOUSE II 6987

What the gentlewoman is statlng so very cruel. So Immigratlon has seen
very eloquently ls that those furisdic- how that ts lmportant. We should also.
tions that have stteEpted to .isolate Mr. FISEI. I thank the gentlewoman.
the number of minority lauSuage Mr. IILORIO. Mr. Chaiman, wlll
voters and to channel the bllingual ihe gentlewoman yield?
election materials to those voters only Mrs. SCIIROEDER. I yield to the
have been able to hold down tIe-cost genflemaa from New Jersey (Mr.
of compllance wlth this section of tbe FLonro).
Vottng Rlghts Act to a reasonable , (Mr. F'1ORIO asked and was givenslllll- -. . ^ permission to revise aJrd extend hIs re-

On tlre ot&er ban4 the Jurtsdictions hiifu.l
that bave made no attempt 19 dJ.!!|! Mr. FLORIO. Mr. Chairman, I rise
have ended up havlrg to f!919 ITle in sTione support of this tes.islailon to
a,mounts of. money per Elnority lan- eiieia tUe .VLting Rights ict wtthoutguage b$Uot cast.-So'utlie:urrsarcuon-dl11lall-un_derff"io*,i?t;ffi 

i"fi &"?f, riilhJ,,:flT;the minority lancuar:_--plgu[i-o!!.,9l 
"h"-i.-n of th; Judiciary comurittee,the act, they should hlfe ?n-ilfenilve ffi. Roorrro, and the iubcommitteeto try to flnd out who needs.th€_se-E€- ;hat -"n, DoN EDwAaDs, for their out-

'"*H t ffiB;i#:"ffi 8ff",1'"H: in"#,""n"iiJf;b'iilid ;fi 
-th;

Mank the gentleman from Wlsconsln' --*.:
(Mr. SE{sBrBrunNEar, a#"i hfi ;ffi - 

We stand here today in ttte midst of
every one or the u"-tii='rfiiSiulTJ 1-Yltrt period of reappralsal about the
hin because thet ts r.-r""v'ffi6iL"i lol?-of sovern'Ben? in the llves of o,r

frtr##r#ffi#,#"i,3,sii[ilHr+.:u,ff.e._1+='ffi
ffi S#ffi trffi nfi*li=ffi,,gfl,F#ffi$ii-"H"hq

tr 1930 whlch our citizens -ay have access to
The CEAIRMAN pro tempore. The the electoral and governaental proc-

time of the gentlewoman from Colora- eT91
do has expt6a- This leelslatlon has symbolle a^nd

(By dnantmous consent, Mrs. practical sigtlflcance- On a symbolic
Scrdoeorn was allowed to nroceed for level" we are saylng to the dlsenJra"n-
E addlttonal Einut€s.) chbed and dlscrimlnated.that the Con-

Mr. I'IEIE. Mrl Ctrairman, will tlle gess of the Ilnited St8tes believes Lr
gentlewoman yleld to Ine on myth No. equallty of access to the system. We

Mrs. SCIIROEDEE.- I yield to the stake i:r tJre future of our Nadon, and
gentleman from New York that they all may partlcipate in deter'

Mr. FIltE. I want to tha.nk the gen- mtni:rg that future by behg able to
tlerroma.n for bri:rglng thls very lmpor- vote. At a tirne when the Federal Gov'
tant focus lnto the area, We are not enuceut ls retreatlng from prlor com-
talklns about illegal alleas, we are not mltments to our children, the elderly,
talking about rcfugees, and we are not the sick, and tJre dlssdvantagsd, ws
talklng E!gu[ lmrnlgrants. We are talk must stand ftm today and approve
lng about Anoerlcan citlzens whose an- this extension of the Voting Rights
cestons have been ln thts country Act.
longer than those'of manr of us. It ls The practlcal slgnificance of thls bill
for reasons beyond theh control that ls that the Judiciary Commlttee has
they have had bad educatlonal oppor- endorsed conttrued strong' eirforce-
tunities.and other barrles to assimlla- ment of the Voting Rtghts Act, insur-
tlou ln the Ealnstreqrn of American tng that the enormous proSress by mi-
llfe and that they slmply cannot speak norities tr registration and office hold-
Brglish. I would lnag"ine lt is also true Lng will contlnue Lr covered States.
that most of the people we are con- This reafflrms the position that the
cerned &bout are quite elderly. I thlnk Federal Government will act to en-
that .is an awfully lmportant point to force the rights of the people. The
bring out because we are talkinc about committee has also included a reason.
the voting rlghts of Amerlcan citizens. able and fair mechanism that allows

Mrs. SCHROEDER. I thank the political Jurisdictions that have had a
gentleman. He and I both serve on the history of complying with the law to
Immigratiou Subcommittee and . I be exempt from the preclearance re-
think one.of the thtres we have to quirement of the law after 1984. Pre-
point out, to this Elouse i,s that Imml- clearance has necessitated the submis-
gration has allowed people to become. sion to the Justice Department of all
American citizens who are over 50 proposed changes in districts and elee-
years of age, who have resided here a tion laws, so that it may be verified
certain number of years. They still that such changes do not reduce the
have to know about American history voting power of minorities within cov-
and American government, but they ered Jurisdictions. The cornmittee ap-
are being exempted f.rom some of the propriately offers an incentive for ju-
language provlsions. To deny them risdictions to take positive steps
their voting rights would be really toward-assuring nondiscrimination in



H 6988 CONGRXSSIONAL RECORD - HOUSE

voilng. This new,'bailout" mechanism Mr. BIIRGEIIER. Mr. Chairman, Mrs. SCHROEDER. The gentleman
' witi altow counties, ctties, or States to will the gentlewoman yield? ls absolutely correct. -After the billn-
oUtatn this exembtlon,-by Showlng Urs. SbffAOEDER. I yield to the- gual provislons passed there-has been
itiat ttrei havC sudcessfir.Uf treta non- sentteman from Calilornira (Mr; Bun-' manv more people partlcipati:rg' many
Oft6mtiatory elections in the prevl- cnrnnl. more biltngual officeholders. I think -

ous fO iean. iaollowtng the exemption; Mr. BURGENER. If the gentlewom- many €re more motivated to better
that p6ttticat Jursidtctton would be on a1 wouta-L; [ind enough io yield to thelr Engllsh lansuage skllls because
;-io-iaar pioittion;tteiioa, aGini ill,srJ"-i" mvttr llo. {, ;"p;;"iil vd" thev feel more a pert of Aneri-ca, and
wtrtci tmproprieties may Ue broughi ;a-i- found- ouisetvei tn trrfextco as they have more allegia.nce to Amerlca. -
to the atientlon of ths U.S. distrlct Gi* ""w 

citiz-ens ol some type. For They have a biSger stake tn Amerlca -
court by the Attorney General or any 

"if,aievOr 
reason we dtd ndt speak because th€y have a bigger voice.-

aggrtevia persoL Spanlsn. fnen along carne a,n elecliorl I understand the gentleman's prob'
Let-me comment on the-langua-ge aiaUeingpubltcsptitted,aewMexican'lem. But wlth s name likeSchroeder'

provlslons es-recornmended by the ciilzens wd wanted to vote. Is it possl- tf my colleagues will remember, we
commlttee. This biU s:(trgn'il for-.? ble, does the gentlewoman think, we ended up not speaking Ge*ql ln thls
years' the requirement that JuriSdlc' would not be able to flnd our what and country by all of one vote of a prior
tlons wtth language minodty gxoups who was on the ballot? Congress. That is a little blt different,
constitutlng at least 5 percent of the Mrs. SC11RO@E11. I think the I suppose, but nevertheless t think lt

' votlng age population provide voltng ,-tt"- crtth the genttemanls;;"";i; Is JGI terrtUly important to remembir
' Irstructlons in the mlnortll^9!ry1sf: G- mavte tre missia my myth No. .2, thst t-he statlstlcs and all of the facts

Thls provtsion ls.of ker.lmnor!1c9_!o ilnfct"Gltl.pCopr" affettea".ilrJtr"ri $d +l of the witnesses ln all of the

Hi",,1;"dtri3"#3ffin"1&Hr?33: +l'; :;ifa';;g ;e.e,lven u our ancestors hearlnss. the cultural separatlsm rssue

consress rn 1e?5 recornizs! qr11-191 ;""S,!l*"ff3?rH;1[?StfXHH :fl*,",1it,?i"'H'"'#::"1"il,H""iilf
stantlal discrlmlnatiol_eji_tid.}qqfJ fiv1,,s l'' Mexico and-the Spanisn ttren body wauts English lansuase skills but
Illspanics, age.tgan Rdtllt AlTISt 

"r-J in. That ts ttre analbgy that is some are older and it is a little late. we
Natives, ana Asial_,4191.1f..ff ;alrd, -b;c;*C ttrJ Spanisii'were in stretched the law to allow them to
Vottng Rlghts Act was ?Tendeg to 11 iiG of tbe Unlted StaaA- flrst end beeome citDens and we should not
qutre ths! la,nguage asslstance be pro' It e fnaa"s we are talkini aUout wCre deny them the Eost important rlghts

"t",i$i*Tf,itffiH'," or thrs provr. I1.l**',-# *j*-:n**s*: t-?':"HH{11%*:n'^}:.'"#'
sron io 1ee2. ro ,ii'Hli{di;}];il il?jr,*l..tne 

Asta^n'Amerrcans were r\rrrr' 

"1ff"?tS* #ia, "n**
wish to repeal or alter.-thl,s .lsnguage ""rr,r". sugGENEIl,. r would llke to Mrs. scrrRosoeR. r yteta to iheprovisron r wourd ':flr,3#"*,j"BH*: *$:*:i:H:"y;i:iitf"*mt g:iif-"' '"'- mi"oG tM' iiA'''
really is participatlr
ing of electlon lrfori'l-v-ra'suaee"'*f'Hx*ffiq{[:rt":fr*it!-"S?![":ffi]effi'l;Jffi;f 

"f#U#ffid
. reduce the cost of I
terlal. Approval of the aEendment of- l'^":-":":,..:ifi '*i*,li-?;1*-i" 

-; -";. ::i; ----'
iiiea ui'our ",#fi'-i;iil'fid;$ t"&"ff ]iil"l"i^ 

r thrnk that is " 'n"i3lii^s.iardv*d_t!-trllJrmaybeMr. MCCLoRY, woul
vtstons froE thts urU] iir',iiLi;il;'r, _No. 2, I thlnk lt creates a lot of re- even ask the senilewoman if it is not
exptre tn severat y"iklffiIi'riii[11 i sentment asainst them -'and works true that tr some of those Jurisdic'
rnessase wodd tnis-i;i6.fj Tni ii.i agatnst them betng/ accepted tn thts tions where thev had verv high start'
guase mtnorttv ritrzeii'Jr ;;'iii";1"; country to prtnt ballots tn somethins up costs that now thev have sone to a
who ssptre to 

"*"r"1=iit".L-"r?"rilt[lT 
o,ther than Eneltsh. r thlnk tt defeats facsimlle ballot as well as targetlng'

Ttre commlttee tras-t=a.i'Ci-th;1;:,fi;: the very thlng thal tlr-e sentlewoman and they have sreatly reduced their
slrG 

-"our.i 
ot 'io"iti,r";'-go--fi;;t is trving- to sccompllslr. I thlnk the costs?

towsrd assimuattng tfi;il iuoir"'iii6 amendment makes a lot of seruie. - The sentlewoman made the potnt

ou{ polttical system. Thls provlsion _Mrs. SCEIROEDER. If r mey take manymorelrlspanlcsarevotlng,an4r
should rematn in tfr; bili, ir-tfi;;.lt mv tlme back, I certalnlv hope people do asree with the thrust of her argu-
lnterests ot our "#Ie;-gii";-r;;;ifi; 

witl not suppori the amendment be- ment, that what we have done ls have

iitii"io] cause I honestly fgel wg have had no encouraged them to becom-e- more ln-
.ds the Elowe consideritnr legisla- evldence presented to the committee, terested in government and hopefully

;1on to&y, mr"v ii""i"n-}lJ ine lor have I seen any evidence ln my thev will learn Eustrlsh.
vortns Rights a"t oi'r=f&=^"i tili-"dii Stite tnat prtntlng ai:a netping peoplL Mrs. scIrRoEDER. The sentleman
succeist,tlivu righfi regisratid; h-h[: ln a billngual situation has pudhed is exactly correct, because, first of all'
i;|}. it.*-il ila;.; b;;-iiri""iii"r them out of socletv but rather on the ballots, with iqsl the names, it
uecause lt included-itiong piofuions brought them tn the process. There is ls very easy. You do not translate Pet
built on a moral itall*i:"i 35.t aff no evidence lt dlscourages people from Scrnoposa into Spanish. It is iust Par
ciifzens are enti4ed-it vo[J ana !;v: learning Engllsh, to become more of ScHRoEDER.

ernment should faciiitale, noi -oU- the mairutream. and to be part of the
struct, that right. I€t us not be lulled mato-ct tture. I'thlnk thosL facts are O 1940

lnto comptacencv tv tnJ-i*."* oi terribly-.import&nt. we wjmt au people The GHATRMAN. The time for the
this law. Much has i!"ri ii.iil-iriin"a, to feel'like they are equEl parttsipants gentlewoman from colorado (Mrs.

- but these gains can 
-bi 

onfy le.irporaii in Government, or it ls terribly dan' SCSRoEDEB) has expired.
U-the L-7a;;inoi remain alert to less gerou.S if they feel shut out. We ?re all (By unanimous consent, Mrs.
obvious aiscriminat-oiy- fi;Gfi to equal taxpaver*- ScxnoEDER was allowed to proceed for
'voting. 1'ne Congress has a chance .Mr. FISH. Will the gentlewoman l additional mirnrte;)
todaito send a missage to milllons of yield again? Mrs. SCIIROEDER. The biggest
our foation's people. i nope thai my Mrs. SCHROEDER. I yiel{ t9 the problem and one of the most costly

, colleagues sena the right message and gentleman from New York (Mr, Frsn), items ts when they have to translate
vote to extend the Voting Rights Aet Mr. FISE. Is not the answer to what ballot proposals on amendments. But
without weakening amendmenG. the gentleman said found in the fig- those are based on State laws. They

(At the request of fvfr. Buncur{pn and ures such as 30 percent greater regirs- have to publish then iJx English. I
by unanimous consent, Mrs. ScEsor- tration by Elispanics since the amend- even have trouble reading them in
oin was allowed to proceed for 3 addi- ment of .19?5, and the far greater English. I am a lawyer and often feel
tional minutes.) number of officeholders? i:r my State I have to read amend-

11.'
..t

gctober 5, 1981

0)



*1

@

October 5, 1981

ments 15 times to figure out whether
it says "yes'f - when I vote "llo" or
whether if I vote "yes" when it means,

. "no."
Probably the best we could do is to

say States allowing ballot amendments
have to put them all in something
that a layman can understa,nd. But
that ts not the. issue ln front of us.
You are correct that "tra^nslating"
candidate only ballots is very stnple
and very cheap. The rest is required
because of State laws allow.i:rg other
issues on the ballots.- In summary, before People Proceed
to sta,mpede to do something that ev'
erybody thinks ls-popular, plea.se deal
srith the facts and not the myths.

- We have not even mentioned the-, uative Americans and Eskrmos. The
state of Alaska stated bilineual provi-
sions were teribly successful, and I
think tt would be terrible to roU back
ou thls lmportant provision, expand'
ing voting rtghts to many who consid-
er us lmmiSrants and therselves na'
tives by an imperialistic notion that
one must be flueut ln the Englisl.r lan-
guage to particlpate tr tlre most lm-
porta,nt privllege of cltlzenship.

Mr. LIINGREN. Mr. Chairman, I' 'move to strike the requlsite number of
words.
. (M!. LITNGREN asked and was
civen permission to revise sJBd extend
his remarks.)

Mr. McCLORY. Mr. Chairman, will
ihe gentleman yteld?

Mr. LITNGREN. I yield to the gen.
tlema.n from Illinois.

Mr. McCLORY. I thank the gentle-
man for ytelding.

Mr. Chairman, because there wa.s no
lnformation in the committee hear-
tngs, I undertook, a-s I said, to commu.
nicate with the secretaries of state,
and I received replles from 1? of ihe
secretaries of state. I lnserted those' relies in the Flpcono. And also I al-
luded to some of them here. Every one
of these secretaries of state com-
plained about the extra cost that they
were being put to that they should not' be put to. And there is ns dlminuflqn
in cost. In the State of North Dakota,
which is covered, they undertook a bl-
linsual election' proeess ln American
Indian language. But there is no print-
ed language. And the tribal meetings
of the Indians are held ln English"
written in oral English. It is so absurd
to require the election materials to be
publlshed and circulated in an Indian
language which is not written, which
does not exist, and whlch the Indians
themselves do not use. That Just
shows the utter absurdity of this.

Mr. LITNGREN. I tha.nk the gentle-
man for his comments.

Mr. Chairman, this ls an lmportant
part of this bill. I reallze the hour is
late and we are dealing with a section
of the bill that is piggybacked off of
the other section of the bill. I think
that is unfortunate, but I do believe
that it deserves the -attention of the
Committee. I am sorry that ln the
committee and subcommittee we were

CONGRESSIONAL RECORD - HOUSE
not able to give it the attention it de'
served. It did not get the extensive
heari:rgs we got on the other sectlons.
We'did not answer a number of the
questions raised here in a factual
manner.

Ttre guestlon of a myth about the
fact that this wlll expire ls in fact not
a myth.. The fact ts that this will not
expire, as will the preclearanCe secr
tlons of the bill. The fact that this. ls
Justified to bg extended for 10 more
years so that it will be coterminous
with the preclearance section is no
longer valid, since ln the bitl before us
the preclearance section ls now in per'
petuity. Those Jurisdictlons that are
under the gun with respect to Pre'
clearance will remain there unless and
until they are able to bail out, so it is
not a l0-year lirnitation. So this will be
again out there by itself.

I actually thlnk the best thing we
eould do would be to defer consldera.
tlon of thls at thiS time because, ap-
parently, fron the tenor of the eve'
ning, lt is not getting ttte attention it
deserves-a,nd lt deserves a real look.

It'ls very dtfficult, even, to under-
stand what we are doi:rg here. If we
were to take a poll of the Members tn
the Eouse, I wonder how many of
them would know that there are two
separate sections which deal with bl-
llngual baUots, two separate sectiong
with different triggers. One section,'
which covers about 30 States, ts the
section we arstalking about, and an-
other sectidn, whlch covers Alaska, Ar-
izona. Texas, flve counties tr Florlda"
three ln California, two ln New York
a,nd South Dakota, two townships ln
Michigan and one county each in
Colorado and North Carollna.

The flrst one, the one we are deallng
vrith here, is triggered in this way: It is
triggered for those iurlsdictions where
more than 5 percent of the votinc age
persons are Bembers of a single-lan-
guage minority-Amerlca,n Indian,
Asian, of Spanish descent-and the 1l-
Uteracy. rate of such persons as a
group ls higher than the national ilUt-
eracy rate.

EIow do we detennine what the lllit-
eracy rate is? We have mandated here
tn Congress that the iUiteracy rate
means failure to complete fifth grade.
Wtren you add those thirics together,
there is even no necessary finding.that
the people are in fact iUiterate; that ls,
unable to speak Engllsh. There is no
findtrg whatsoever, If you look at
census data, it appears difficult to ac-
tually prove that 5 percent of the
voting-age persons are merabers of a
single-language minority.- As a matter
of fact, in this sectlon it refers to per-
sons, not citizens; therefore, those
people who may fall into these catego-
rles but are not citizens, and therefore
have no ability to vote, still trtgger the
requirement that certain sections of
this eountry come into compliance
with the requirement for bilingual bal-
lots.

Now, what is the other section of the
bill? The section we are not dealing

H 6989
with, how does it trigger bilingual bal-
lots?

The CIIAIRMAN. The time of the ,

gentlema,n from California (Mr. Lun-
cnrr) has expired.
'(By unanimous consent, Mr. Lmr-

cREN was allowed to proceed for 5 ad-
ditional minutes.)

Mr. LITNGREN. Under sectlon 4,
that section which will not be affected-
tr any way by this bill; bUhBuaf bal-
lots may be required in those Jurlsdic-
tions where they have not had billr-
gual ballots and less tha.n 50 percent
of the votlng-age persons reglstered on
November l, 1972, or less than 50 per-
cent of the voting-age persorur voted in
Presideuttal elections ln November
L972.

That is the same type of trigger we
have required for. preclearance in the
racial dlscrimination section. Why
have we done that? Because we think
that there is a connection' between
those Jurisdictions nob assisti:ng their
citizens with dual or multilanguage
ballots and the fact that they have
less than 50 percent voter particlpa-
tlon. There ls a causal connection, we
think, between not assistlrcg those
people dnd the fact that they do not
participate. That protectioa is not af-
fected. Iu those areas the liltnzual
ballots will still be required. We are
talki:rg about an entirely different
thing, where the triggering mecha-
nism Eerely is the number of people,
for instance, in California, who
happen to have a Spanish surnanne,
and, within that grollp, the D tmber of_
people who ha.ve uot graduated from
fifth grade.

tr ld6o
Now what happens is thts. It means

that ln my State where we have had a
Iarge number of people come from
Medco, who have gone through the
process, and legally become citizeru,
who have, as a requirement of this
citizenship, developed an understand-
trg of English, are considered illiterate
even though they can read the ballots
lf they have not completid fifth grade.

-They participate in ou!. system. So
what are we doing here?

We are actually requlring something
that has no basis ln fact with respect
toward the voting participatlon be-
cause that is taken care of in a differ.
ent section.

What we have done here is to say
that because we do not recognize la^n-
guages other that Engli,sh as havi:rg
the same level of acceptance tr our so-
ciety, a.nd beeause those Jurisdictlons.'have not, therefore, printed ballots ln
more than one language. ws have
made a judgment'_that they must be
attempting to limit the participatory
rights of those people ln, lhe voting
process.

There are no facts to support that.
As a matter ol fact, one of my con-
stituents, Commissioner Steven I{orn,
of the Civil Iiights Commission, in
writlns his remarks acainst the posl-

:i

.I
!$

e,

.,-_- i; ";i_-+_aIE i*:=-]:: :j'



f'

t

II6990 CONGRESSIONAL RECORD - HOUSE October 5' 1981

tron ol oErbr commissroners on lhg for a while, bu-b r have' come'down. tn always ha.d assistance to voters wheth'

ctv, Rights commlssioa, sugsested 9nn*rir'il1o-tt"-a-""a-"iit*l,iiJtv ei ttiev understand EnglisL wbether

tion is uot I matt€r ot eFA"p 
-protec' 

- r t'rii'Ii-nli-inl-ii-6t to vote ls so whitever'.-;";* 
and 50 

'/

rion, it ij e matter "f 
d:uilfi;l fit";. r""dffi*.Jit-G t--rtpo*ani, mucn But ro--requlre Kansas and s0 states

,on. Ee went ou to ,riTriiiT.'Jdil& -oriG6ij{l"t "v"n 
ttria ifi-i-irstrt 9o oi-ttt" Natioo'to provide bilineual or

to people br our socleiy-lnat somitrow f-""e6;&d. ttrit r tnrot tttr-t ri las to multilingual election l,formation at

tXifH*H"#**",f"lTj"[,S n,X;ffiJ,.4,1""1kf# ::ru ffiie-cost 
seems to Ee *':,':

wnJrour knowledse "i t';iffi, ;hd J*tri-^6iEv to prtnt-up bilinsxral b8l- Mr. Glrcr(MAN' u r mav r1

we loow every studv sho?.'i[Gr""uu- l"F::::::;:;- - mv time' r suess I so bark to the point

ity to spea,k Engllsh Jii$iifr'"il""? 
- 

.a-ut r do beneve tbat ttrere are some tnat ttre rrEnt to vote ls so critlcal in

ilit,i iirtrcurTll eet ffi^i$;tff'ffi *'"mg:f G;e! neil that need t: #;':t'**i ?f H1"ii:'ifl,l1?:
lobsircoureconomy, lswrong. 'r"-?Y,,T-"-:^- ? E.o nranrad r.hqr tf iliil*l.r-i.a- --
- 

As a Ea.ttet of fact, we are suggest- Il aff-canaor' I was worried tJrat tl bauot prlnted'

ing that tn the nosi erre"urC 
-trtiog we ut 6ilirArat bsllo-ts Bbd coupled r must tell the senueman in the

tJrat tJeese cirzens "J 
fi ffii!";i"ffi tne"i?iin- tfri"g,ral ed-ucation, and if state ot Kansas durins the last elec'

tr,.i,'iail !9 
"tr' +H fs yiffi fi"':":mm:l erxl: .{*,! !:tr-i lffi ,til,3tilil$J"-ix"'i, ?H,xii 3l

have to'use Etglish. I
ve:: il"* --*{fuH*iH,l 

itH:-"qiHflr'$,*"*:+ ffi}}*:*H"*;}ii* +lf;H{;through the schoo
strould learn Engllsh
funcflontng members

Ttrere are certaln "r,ii"-f" 
;1;;h# tlrt zucu s@arauon could lnstttutlon- hto the ballot bor

tn ter,s.of rrow you'iiiiifiirii.ti atrt-c"n foi ns dor'lr the road. r would rlke to sav rnv maln point ls

f"i-In" iirrun-u"nii-G -one-o-itne lbr t'hat neason r have $"flrlTfi ff;tffi,H""IffirE**. 
tlrir"??i';

most lmportant ctues."" porta of efforts to restratr

T,lrere was EeDuon -c ltf,tle earller 6xtra zealous efrorts bv th-e- D,enrrt" soani,sh-speaklng tmYnlgrants, over the

about some Members betng ou_ the m.ent of EducatioD to tupose biuncual t&t rl of z0 years, r thtnk lt is worth

Subcommltte" on r-irffi[ion- I a.m educatlon on Sta't€s a.n*local sc.hool eitendi:rg thi:s proviston for 10 or 15

privlegeo to-serv.e.oniffi;i;ii;;--it" -tyTe becsuse it'ls a functlte%:H 
'"n?rl "orno*s. 

Mr.- chatrrrao, wi'.;;;: oi;;i tt e tnrnds wi have dlscov' Natlon to encourase peol

ered with respect t" fiJ"",iiili*ili dt hsush. But this issue relate-s !:-1o-" the gentlemau vteld?
refusees h the "oiirfrlii- 

l" _til dg-nt to vote, whtch ls ihe most runda' ru". amgrorer.r. r vteld to the gen-

ililEtti't uil""uijilti'6""r-uog: 3"fgf"1f;*hffi:il F3tr':fi ""^HHiPi'*Hffi""* the senre-D' 
i":ffi'r",x**u m,ffi #,ig+":rs*qitti,,ffitr$

WebavetoundmoreandmorethatresJrictaDcesstothepolls
. 
"" i"ltCi tto* -uc[--o"ey-we pour lots ol people wbo-bave- c0

out to asstst tnerr, wi c-annoi si[ t4tem country over t]re l*t lq
off weuare u thev jo-;oT ILi; IlG bundreas ol ttrolrsa'lds-

lish. sPeaktn8,. PrimarilY-€Pao

*ittp,xn"ki;i::*"m# # trh:Jj::ffi[::x'J;
i-tFJtS"fr:*',I'sS,""SBHl 'T"l'Y",il"*#.i vou there 

rudF #;,#I"J:::'J#":J:.T:":I
fornla. sor sddtuonal costs lmP
'"wt-ir"o" made mtstakes l:r terus ol that that dlscouragem"9t.i?- P3111: giirm'petu*siou to revise and extend
aG&i"i o* ""t"g"i;ioera,'' 

tttqg' pate tn tJre sv8teE -'hi91'H-HjT; iii-*6itrc.l
rrt"i-o"-gnuto etvJus icrii[ere. we ment will do, sbltts-th:^-3"^",1:*,,,o.t -Mr. M"gtbsrcgr. Mr. chairman, r

u,""lrim:;ti*'"***tg*:B'T'r'*,H,r,*i"'lT.*{i#irq,ffiT:tmng*:r.""x.ffi;;-;bbu"nea sJme--Jvtaiutiarv tbousands of u's' clllen

ig-'-'-'-'-'-'-'-'-'-'-'-'-'-g*r*itr*:i:tnl""m"n;'n 'nffi.'ffi&%9"+1#11il.''--' *, a"d;ff;;; *nit-'n-i-ie"id to as a

**liir *" *" ..*Iffi;; *#iffffi ;;;; ; mry*"${:r,*1*F}ffi "Jd
. load, rhe overbreaati i'i, ir*i;;rt"d [,!gmm from rlllnois' L +h. scnr.ra- # #li:Ata?p'"i&"-"I] "*

tn the past taw ouen;;=b:I;;;il-di irtrr. MCCLORY. r *rant the gentle we declared independence'

tlow'-an.tor--yt.rding.becaus.el-f*;-;ThatdreamhasbeenthatapersonI w.ish we had more facts upon 1"fr" t "* irom lne .*tJi",.y ii-iLtu g{t,joo'" fro' a toreisn cou]xtrv'

*r,i"r-io';;r"'"G,i",thj&rTG;$ 
$1hd:rdtsH,r"J3Ifl"fl;*:# Hiffii*ifxt$;il,#1?rt:#not have the time i

g:1;$3,,'*.;YH*lm"'*X':* L:i',&"T""$f::"Hiv1;; "ffio 
"i"ra 

ue-a-.-""c"i"-r" ihE country'

another tlme, but now we must deal ""i'ott'"' 
a"tg nl.teggtt" il"t'iit" t"-J That success arid equallty of economic

with it. It ts extremity lmportant. - of-t-neie U.Uot" It k*""! il" feS? il opportunltv has been achieved bv

Mr. cLICKMax. Mr. 
-Chairman, r ood'"-|i11W ana 111 tn" itii& ;;-;tv qeipte. from Greece and people from

move to strike the requtsite n'rnber of *ii i-SSA-, 
"f* a tot* .i"ii]eS-O] "iih 

bolin'd and people from Germanv and

words. "rirv 
6i.r" bru6t *a" nr"a'rii'li'tii ""iv 

scandinaviu Itr our most recent three

given permission to'reilid ana extena -iiow ri teems to lne absolutely here-from Burlgary as refugees from

his remarks.) - "fi;a 
rd" It'J sttt" or r'i"il to u! the Eunsarisn revolution and from

M!. GIJCKMAN. Mr. Chairman, I .oiuiJa-Uy tttis taw requirine an ex' Czechoslovakia'

rise in opposltion to thC amendment. p6ira:ii*Jtf morJ ttran'$i;tod fot one we-now trave r(oreans' vietnamese'

Mr. Chairman, this ls 8, very i,npor' vote to be cast' and Cambodlans coming to this coun-

tant amendment ond one that ln my 'frie 
-;a" ;;ovtde - 

a'ssistance to a try' There ts no question but that lf
judgment bas been ; rathir close issuL puo6o 

-ila -si"t"i ao tnat 
-we 

trave they are to actrieve equality of oppor-

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CONGRESSIONAL RECORD -. HOUSE H 6991

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October 5,'1981
tuntty and to have a place of employ- l,s a cost whlch caJrnot be understood
ment other than stoop labor .in the 'andaccepted by local citlzens. T'here l,s
flelds or working h the sculleries in a principle here. U we are goins to
hotels, they must know tbe Engllsh tmpose the costs to vote ln a foreiSa
language. : language, that tnposltion by the Fed-

That Amerisan dream has beeu that eral Goverdment ought to sta,nd the
parents worked so that thetr chtldren test of cost eflectlveness. Throughout
could get an-educatlon, so that they thls country there are people ln these
could achleve the success that that areas where these btllngual ballots are
flrst generatlon o( lmmigl2rrl5 could' pr{nted which precelve the Federal
not achleve, because of thelr tnabillty Government as unable to cut costs. Of
to speak the Eugllsh language. all these bllllons of dollars they see us
. Now, I think it ls a trap and a delu- spendi:rg as we try to cut what now ap.
slon to hold out to people ef rnlneflly pears to be a $60 bllllon deficlt ln spite
races from dlfferent couDtries thst of our cut of $36lA billlon a couple of
thls prlvllege ol vothg ls so important months ago, to the pubUo-thls partlcu-
that they should be encouraged not to lar cost ls percelved asi unwaranted, as

-learn the Engllsh languase and be en- unJust and unnecessary and as an tndl-
tltled even so to exercise this priceless cation that Congress irs inposing un-
prlvllege of votlng. wanted costs on local governments and

The votlng rlght ,ls indeed a privt- taxpayers.
lege. Il you cone to thls country as an Again" lt ls not the dollars..but what
allen, ln order to become s cittzen of the beneflt is that ls achleved by those
this country you bust take a test on dollars. Eeck ln 19?4 when we passed
the Constttutton and upon the laws of- the biltngual ballot, we had the luxury-thiscountrytntheEngllstrlanguage. ol trytng such an experlment. It was

If you are born to forelgn parents or lathered by the hqnorable subcomwrltr
forelgn-speaklng pareDts br thls coux- tee chatman, the gentlemqn frg6
try, ygu are entitled and ln msny qases Callfornia (Mr. EDwAnDs).
mandated to go to school through the T.lre CEAIR,MAN. The ttme of the
higb school years. Iu California every geEtleEalf, lrom Callfor:ria bas ex-
chlld of forelSn parents must flnish 12 pired.
years ol educatlon (By unaulnous consenu Mr. Mc-' We.are speDdlng over $300 mllllsp, Il . Crosngr was allowed to proceed for an
I recall corectly, for bllinsual educa- sddltlonel 30 seconds.)
tion to assist the chlldren of foreign- Mr. McCIJOSI(EI. Mr. Chalman" ln
speaklng parents to learn the Ergllsh 1974 when we created thls luxury, a
language. It seernr to me that, as a luxury that ls known to no ottrer coun-
mstter of princtple, the privilege of try ln the worl4 we had gone some 20
votlrg ls not lnJringed by the require- years wlth a relatlvely bala.nced
ment of an understandlng of the-Enc- budget, wlth relatlve control over ln-
llsh langusse flatlon In the last 7 years we bave

Now, cost has been mentloned. The gone to an average 10 percent of Fed-
cost ls no longer amaJor problem as to eral dellctt spend[r& witb an averBge
the dollars trvolved. It was in the inl- ll-percent lnllatlon over the last {
tt8l days of the act, but aa the States year:. Now the pubuc ssluf,lnlzss 6ur'
and municipallttes aJrd counties work to see what we are willing to do,
become accwtomed to lt, the cost has not bnly to cut our Federal costs, but
become relatlvely mlnsL I think iro the costs that the Federal Goveru-
1980 the cost was less tban gl milIlon ment lnposes oo local taxpeyers as
ln the State of Callfornia" and less weII.
than 2 percent of total ballot costs. For tbe princtple that I have ex-

But the fact of the matter is that pressed, because of the fact of tlris
that cost on local Sioverment is a ma-ndated Federal cost and the few
mandated cost by the Federal Govern- people that iake advantage of lt, I
meut, and at a tine when we are thi:rk we ought to pass the amend.
trytns to balaJrce the Federal budget, ment.
when we may very well consider termi- Mr. ROY]BAL Mr. Chairuan, I
natlng Federal revenue sharing, be- move to strike the requisite number of
cause there ls no longer'revenue to words, and I rlse ln oppositlon to the
share with the State and municipal amendment.
a.nd county governments. IlIe are fed- Mr. Chairman, 16 yearc ago, when
erally lmposlrg cost on local govern- the Vottrs Rights Act was originally
ments whlch i:s perceived by the local Passed' Presldent Johnson staued that,
taxpayer and local governments to be "Unless the rtsht to vote be secured
gnjust.and unwaranted and undenied, all other rights are inse-

tr 2ooo :lff"ffi,g'+H';clliru"*'".*t" H "H
Let me quote the flgures from'my lbrmed, i:rtelligenl vote is the corner-

city of Redwood Clty. The city of R,ed- stone of any democracy, for wlthout lt,
wood Clty, with a population of 54,000, democracy ceases to exlst. Ilistory has
in 1980 spent $1,?84 for bilingual ma- proveu that the Vottrg Rlghts Act.
terials. The city had 8,622 Spanish particularly the 1975 provision callLrg
orlgin cltlzens. Sixty citizens requested for bilinzual electlons, has secured
biltnzual materials, but only 25 actual- this right for mtUions of mi:rorities
ly voted. throughout the country. The number

Now, the cost of $1,784 to give 25 of Ilispanic people who regtstered to
people the privilege to vote ln Spanish vote in Californie alone lncreased by

38 percent from 1976 to 1980. In Colo-
rado, tbe flgure was 41 percent, e,nd tr
Texas, an astoundlng 64 percent, na-
tlonally, Elspanic reglstratlon in-
creased by 30 percent while the overa[
population tncrease was less thsrt 10
percent. The lncreases tr the number
of, Erlsparrlcs who actually voted ls
equally tnpressive. Overall, Elspa,nlc
turtrout trcreased by 19 percent tn the
United States from 1976 to 1980. Eow-
ever, in the flve Southwestern States
contai:rtng the largest number of Hls-
pqnlgs, the lncrease ln Elspanlg voter
tu::nout was 31 perceni for the 4-year
period. Thls lncrease in lfhpanlc voter
turnout ls lrnpresslve, particularly ln
yiew of the fact that voter turnout na-
tionwide has been steadlly-decreaslng
since 1960.

We have heard argurnents challeng- '

lng tbe cost, the usefullness, and the
wtsdom ol requirlng bilingual elec-
tions. .{.s a 5lepresentative from Los
Angeles, a couuty whicb contalns one
ol the largest populations of Eispanlc
people tn the world. I feel qua[fled to
rebut these arguments.

In qy trome county of Ios Angeles.
costs of billnsual electlona have
dropped dram8tlczlly stnce the 1976
prinary election when biltngual mate-
rials were sent to every regdstered
voter and cost $854,000. In the Novem-
ber election of that year, we provlded
the same servlces at a 60-percent cost
reductlon. Costs have dimtntshed to
the point that i:r the 1980 general elec.
tlon, our couDty spent $,135,000 on the
biltngual provirslon out of a total elec.
tion cost of $7 milllon. This flgure rep-
resents less than one-sixttr of the lnl-
tlal cost and approxlmately 1.9 per-
cent ol the total election costs for the
county.

In San Franclsco, biltngual costs
were roushly 050,000 in 1980, Just 5
percent of the total spent on electlons.
San Diego County has a list of ap-
proxlmately ?5,000 . voters who have
requested bilingual materlals and to
whom bllingual materials are mailed.
The cost of furnlshins biilnsual mate-
rials in San Diego has decreased by 50
percent ln 4 years and was Just $54,000
in the 1980 election.

Clearly, argunents against the biltn-
gual provision ol ttte act based on cost
have no foundation. Thls anendment
if adopted would put a price tag on our
firndamental right to vote.

Related to ttre cost argument ls
the argument that ln some areas, bi-
lingual materials are underuillized;
hence, the "price per request" flgures
are very hlgh. In support of thts argu.
ment, studies are often cited that
show a low number of requests to. the
Secretary of State for blllrgual elec.
tions material. These data are grossly
mistgzrrlng, March Fong Eu. secretary
of state for California. has stated:

The low rate ol requests ls not necessarily
aD indlcatlon of the actual need ln the State
or in these respectlve counties.

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H 6992
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CONGRESSIONAL RECORD - HOUSE October 5, 1981

Tbe cost Per rcquest is determined
by dlvtdlng tlre nuober of fequests
tuto tUe total cost. In somo countles'
Etre cost per request does appesr out'
rageously high. Part of the reaSon for
that is becsuse lt is dsslsned that the
numbsr of requests referred to b for
biltDsual b8tlota. I:r fact, in some coun'
tles everyone receives a sa,nple billn'
nral ballol Ttrerefsre, there ale no re-
quests Dade..In stlll other counties'
the "number of reguests" refers to the
requests for State-Produced Pem'

. phlets. fhe State pa.mphlets have
irothing to do wtth loial eomplia.nce
costs. Elence, any Ettempt to Eeasure
local costs with requests for State ma'
terials is clesrly erroneous.

The ftnal srgument often heard
against the billngual provision of the
Voting Rtghts Act is the most ilre'
sponsible and Ulosical. This is tbe ar'
gurnent that by providins bilnguel
etectton m&tErials. we somehow foster
separatlsm and encourage a,n'Ameri-
ca.n Quetec." Tlre problems of the
FteDch people tn Quebec are complex
and it would be Presumptuow of me
to pretend to aualYze theu here 8,nd
now. Sufflce it to sa'v that biltoeuslisa
did uot cauae tJle problems i1x Quehq
official and social discrlnination
sgainst the Ftench lsnguaae did-

Participotlou lr tbe democra[c proc
ess, no Eetter 1o whet lsrtguage' does
Dot in fict foster separatism" bui ex'
cludon from the voting process defl'
nitely does. No less 8n sutJxoriF tJxalt
Prof. Archibald Cox has been quoted
as saylng that "the best way to avoid a
separatlst movement in this country ls
to encourage parHcipation in tbe exer'
cise oJ the right to vote."

Mr. Chairman" who would let tJrls
act expire would set a very dangerous
precedent. Our whole history is one of
expandtng and encouraging the rtght
to vote. Every schoolchild Ixlows thst
iD the beginning of our country. only
white male landowners over 2l could
vote. Slnce then, barrier after barrier
that would obstntct the r1cht to vote
has been removed. In 19?5' when we

'added the biling:ual provi:sions to thlB
act, we rsmoved the language obstacle

- br many of our cttizens who at! more
fluent in a language other thaD Elg-
li.sh. That action was in harmony with
our-tristory and our tradition-

Let me conclude mY remarks bY
quotlng from an editorial in the April
13, 1981, edltlon of tJee Los Angeles
Tlmesi - .t

. In 196{i, thls Nation sed a sigBal to minor-
tties. It said simplv that the right to vote
was fundamental and would be protected-
Any whole6ele revarnpLng of the Voting
Rishts Act'would send the opposite siSnal-
one that would be an intolerable sffront to
democracy.

I urge my colleagues to support the
basic ldeal upon which any democracy
rests and cast their vote against this
amendment.

Mr. !'ISH. Mr. Chairman, I move to
strike the requisite number of words.

Mr. Chairman, I wonder i-f I could
have the attention of the gentleman

who Jr:st teft tbe wetr, the gbntleman lqqlion for the general electlon of
ilii-'Caift".nii nrar. noyaar.L l98o in Ios Angeles Countv was 'that
-i wo-uta Uka to pnrsue one of the a,&' the geaeral elestion b-udget was
pects-tfaf ttre e;ntleman eovered in 9?,000,000, and of that only $135,000.
Iiiftf"u tL th; ;st being minimal In or 1.9 percent, was spent complving
Califirnd- 8nd New YorE and other wttb the bilingual provlsions of the
exai"pl"i- Thi Sentter@n addressed Vottng Rtght6' Act. poeq--t-he gentl$
Ulfini i-tie itrattenge of cultur:al sepa- tnan care to explain the dlffercnce be
6i,ril, oi anottrCr 6uebee, that I have tweer what I just ssid a,nd what the
L&r[-ieverat MembLrs talk about. gentlema,n from 11gnois (Mr.

E 2oI0 McCrchY) pngrriously testlfied to?

r thtnk we have ai exampre, not in t"Y;"13#*.lJflf;r$l.?l#:
tJre gentleman's State. but i:r New One of ttre authorities on this subJect
Mexico, where bililgu?lism has been e matter howeverr ls the gentlematr fro,
matter ol policy since 1912- I would Calfornia, Mr. Mcglossr, who testi'
llke to glve the Epntleman the oppor- fled before the coEmittee that the
trmity to expand on results of thls ex' costs i:rvolved were mtdmal.
perience ln the Soutlrwest. .- ... - Mr. M.g1OSKp.Y. U the gentle,an

Mr. ROyBAL U the Benile.,xla.n wlu will ytel4 that is corect. I think that
yield. I happen to have been born in the ;osts-have been redueed to some-
the State of . New Mex-ieo. M-y Eeopl-e thlng around 2 percent or under of the
bave been there stnce the early found- btel batlot costs in aU the Jurisdic-
tog ol the sity of Santa-Fe. I know-lo-r UoDs. but f wanted to poiht out that
a.fa,st that bllinFal ard tri[neu8l hal' that bas a cost imposed by the Federal
lots have beea used ln New Mexico Government on each muaicipality and
sinct 1912- f elso know for a fact thEt counfy govetament trvolved.
tn total nun-bers there are rnoBe fubllc Wfren tUe genfleman uses the exarn. -

offtcials with Spq.nish surrr€rn€s serv' Db of New Mexico, New Mexlco as a
hrg in State leglslatures an! -cttY_e!!n; Stete Uad used the 6iltngual ballot for
cfls and ilr the Cdrgress 9{ the^9,11j€,9 many yearsr and the Federal law was
States tr6ss olmost any other :t8te g not ieiuired to impose lt on the State
the Union- That kind of ltrvotveBent 

"i Ned Mexlco. NLw Mexico's experl-
tn the deEoeratie proeess floes not ence is t-elevant, really, ljl thls debate
spellseparatlsm.. becsuse we are t.lktng about here-

Tbe ma,tter of usins Pryq:{_!*!F behs f;aeritry required-
has, te fact, a long histqv ol-Iqiq1l -6. FISE- ft --".v be irretevant on
spolute tr] a -tanenrasg 

otlrer trran-!,rr_g' tU-e-fssue-ot tUe cost, but lt was Dot
listr whlch has madelt_ryfry]" jfl Ur""eut- up il tUai Uasis, but to
lff,t 3i.S:t iX trdliii-"$-rn mS*3; *X,&',iB'H,*'Sl,T3l:*,*IT,*"***m
tlsipadon on the Part
uals who use the btlt
fo yea,rs beeu shown 1

ttve. Ttre State t&at I
was New Medco, but,
not far behind seekint
but to be lneluded in
ess.--lir. rcccroRY. Mr. Chairman, will -ffil"Frr*zEL Mr. Cheirman, I
the gentleman Yield?

IvIr. FISH. I yielil - Irove to'strike tbe requisite number of
Mr. MgCLO1try. Mr. Chatrman, 1 word,s' aDd I rise In support ol the

thank the gentleman ibt-yiJraGe,' be qrnenrrmgpt'

cause I wonld like t"'ioiiri'o"i-tt tt (Mr. IIR"ENZEL asked and was siven
Ine-&iv ot ros aneetei tI, oi;;tG;; permission to revise and extend hl's re'
iili to"ptoriaJau Jt ttre election ma- marks-'

tertals in multiple railiiriiii-irrai-it Mr. FREN7EL Mr. chairman' I did
;ifi;$ andTt fras "t a-i"3,irt;i thC llo.t tot€Dd to participate in this
G;.Lu"* however, teen-requirea to geqah' but having-missed my supper'
ec<pend $056,000 ana usiileltidri'UiUoG l.wes overcome bv hunser panes' That
[tr6ti at-a 

"dst 
of S12.aO a 

-tj"Uot. fUat sti]nulated mv vocal chords'
was in the 19?8 etecU-on. I might say I am also not an expert in this field"
ttrat tne San Ffarrcisco SunOaigxarri- which would seem to qualify me with
i;reia1ra chronicle of May O, iC79, ae- all the other spealers, since apparent'
tineates what the cost io CatUorniarls ly the committee did not do much of a
is and comes out strong in support oi job br looki:rg into this situation' nor
anrenOments to the tai sponio-reO UV did it iD fact hold any hearineE this
ttii--i."tt"ia,n iiom Caiifornia, Mi. year. At least it has not printed anv
tvtcCiosxr3', and the gintleman-from results of hearines' except for last
Cififornia, Mr. BIIr. -fnollas. citing yeaf. And, apperently,lthe situatlon
ttia faa [firat tnjs is a waste of ihe tax- was not verv well discussed' if it all'
navers, money. within the committee.-]iIi.-FISII.*I would like to have a I must say that back ln the early
Californian comment on this because 19?0's, before this feature was a part
the lnforuration that came to my at- of ihe Vottng Rights Act, I myself was

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Ociober 5, I9q1 CONGRESSIONAL RECORD _ HOTJSE 
I

H 6993
about is Eandating the State of Texas,
for instance, w'ith re8erd to voti:rg
practices when the State of Texas has
its own laws and l,s taki:rg care of the
subJect through its own processes. For
the Federal Governnen0 to mandate
additlonal expense on Texas or Eawaii
or any other State Just seems to me to

-be unconscionable.
Mr. GOLDVfATEIi. Mr. Chairman,

wiU the gentleman yield?
Mr. I'RENZEL. I yield to the gentle

man from Callfofnia.
(Mr. GOLDWArEIi asked and was

.given permlssion to revlse and extend
hls remarks.)

Mr. GOLDWATER. Mr. Chairman, I
rise i:r opposition to the amenrlrnent
which would ellminate the bilineual
requiremints tr the Voting Riehts .-
AcL

Earlier thls year, I had'cosponsored ,
legislatlon t6 ellmlns,fs the bilingual
requlrements. I cosponsored the bill in
resporu;e to what appeared at the time
to be an outrageous "cost to use"
ratio, and I felt there must be a better
and more reasonable applicatlon of
the idea-

Elowever, after reviewing the testl-
Eony before the Judiclaty Committee.
I a.rn convlrrced that much .of tbe'
excess cost ts a dtect result of Califor-
nia State lews tn regard to preelection
votlug materlals and outreach pro-
gra.rns and the manner in whlch some
countles lmplemented the 1975 act. It -is apparent that there his beeu mas-
sive misunderstanding which has re-
sulted ln unnecessarily. expensive ap-
pllcatlon,of the law ln some cases. ,' At the outset, I would like to clarlfy
a polnt whtch mlght seern obvious, but
ln reviewlng my mail cin the subJect,
apperently ls not. The 5 percent mi-
nority language trlgger applies only to
voting age citizens. Many of my con-
stltuents_ are concerned that we are
somehow accommodatlng illegal aliens
or recent immigrauts. Many people ap-
parently do not know that there are
Amerlcan citlzens who were born i:n
this country and tn some cases whose
families have been here for genera-
tions who do not speak English. The
reason-why these people are in this
situatlon is central to the lssue itself,
and I shall address that later in my re-
marks.

In the past, biling:ual ballots and
voter information have constituted an
lnordlnate expense tr the State of
California. In fatrness, we ought to
point out that electlons in the State of
California are expensive propositions
regardless of the bili:rg:ual require-'ments. CaliJornia State law requires
that preelection pampNets be printed
and distributed to every registered
voter. There ls not just one pamphlet.
There are two. One is for the county
€lectlon and one is for the State elee-
tiorL In some cases these pamphlets
are as long as 100 pages. These pam-
phlets were sent to each registered
voter and if there were three regis-
tered voters Lr one household, that-

(

much taken by this prosision. I trted people to learn our language, in which
to put lt tnto the electlon law. At that case they are llkely to move upward in
tine the llouse had better judgnent our economlc much more quickly.
and overca,me my eathusiasm. A 2O2o. I Eust confess tJrat havlng experi-

. h enced t^11e eflect of thl^< Iaur since lt Mr. KAZEN. Mr. Chairman, cl.ill the\ V became a 
-pert of the Voting Rights gentleman yteld further?

Act, I now know thall was wrong. Mr. FIiENZEL I am delighted to
Tbe stren8th of the United States of yield to the gentleman from Texas.

Amerlca has at least partly Iain in the Mr. KAZEN. Mr. Chairman, let me
fact tlrat Eost ol its citlzens have had just tell the gentleman that as far as
a willlngDess to communicate in a that point is concerned, there are
cotrlmon language. Most of those citi- some people living in this country who
zenri, as I result, were able to develop would deserve Anerican citizenship to
some upwa,rd mobility within our eeo- be eranted by taking the exam in their
nomtcsystem- own language. This l{ouse haq at var-

It seems to me tJeat if we encourage ious tlmes passed such a bill to exempt
our cltlzens noi to learn English- at certain people from taking the exam' least to the exteDt ttrat ttrey can par- ln English, but the other body has
licipate ir1 a slmple electiou process, kllled that bi[.
we are condemning theE to some kind Let me tell the gentleman, comlxg
of second class citlzenship that I from where I come from in South
would prefer not to encourage. Texas, that we have a lot of aliens who

Wbere there ls Deed, asi there was in would make wonderful citizens, who
New Mexlco. Iocal laws can be em- have llved here all their lives' who
ployed to take care of that need- But, have Siven sons i:r the service of this
ior- us to lorce ou ollr communttiei countiy, and who are glad to be herd.
where there ls no need seeEs to me ip And as one allen mother told me when
be a terrlbte mlstake The FEderaI dic- I went to ihe funeral of a Vletnam
tate is uueasonable. It requires bal- servlce man "Estoy ArSullosa I am
Iots on the basl,s of susrrme, rather proud to have Eiven this country the' than of language. States, on thelr own, llfe of a son."
know forwhon" U a.Dy, to.prepare for- Mr. I'RENZEL I thank the gentle'
eign language ballots. man tor this contrlbution,

If & person ls not able to read a Mr. KAZEN. And' Mr. Chalrman, I say
ba[ot, how is tha,t perso! going to to the gentlenarL that that spirit is
learn to ttad a mortgage eontract? what' makes a good citizen of thts

; Elow ts that person going to under- country.
stand a very stmple lease agreement? Mr. F'REf,IZEL Mr. Chairman' I de'
Eow ls he of she geing to-fill out a cllne to yleld further to the gentle-

r, weUbre form, to do most of tJre things man- Ilowever' I thank the gentleman
ti.afl thst are necessary to gain sooe sort of for hls contributlon" Bnd he has made
)Y economic selJ-sufficiency tB our soci- 8n tnportant poinL. I -do not thint it

ety? 'I. thlnk wha,t 'we are doing is bears on tJre point I was trying to
simply condemnlng those people that Eake. '
we are tot€rested in helping to'a per- In my part of the country'there are
meDent second clabs status. In hy also maqy people who came here with
Judgment, lt ls a mlstake. I thiDk the only a lanSuage other ttran English' or
a.srenrrment of the gentleman of IlIi- who were here with a dlffereut lan-
nois should be adopted- guage. lhey were of humble circum-

Mr. EAZEN. $r. Ctrairman, will the ltau-qe. T'hey, or their children learned
gentleman yield? Engllsh. They lound their lot much

Mr. FRENZEL I wiu be delighted to enhanced by learnlrg our common
yield. - 1 la^nguage.

Mr. KAZEN. Did I understand the The CEAIRMAN. The time of the
gentleman to infer that only Engtlsh- gentleman from Minnesota (Mr. Ehrlr-
speaking should live tn thi,s country? "E ) has explred.

Mr. PRENZEL.The gentleman- (On request of Mr. McCr.oai, and by
Mr. KAZEN. Or can vote in this unanirnous consent, Mr. FhEryzrr. was

country? allowed to proceed for 1 additlonal
IVIr. FRENZT':r. I Eade no such minute.)

statement. I am sorry ttre gentleman Mr McCLO8,Y. Mr. Chairman, will
interpreted it that way. the gentleman yield?

Mr. KAZEN. Well, I understood the Mr. FRENZEL I yield to the gentle-
getrtleman to say that uo person could man from lllinois.
vote unless he spoke hslish, a.nd that 2 wt". MCCLORY. Mr. Chairman, I
was the way it ts supposed to be in thi,s\just wan0 to point out that this
conntry. .Dmendmerlt does not deprive any

Mr. FREN7.rJ.. T?re gentlemaD may ( State or any locality of providing mul.
not have bben-or perhaps- )tiple tanguage ballots or various ki:rds' Mr. KAZEN. I just wanted to make /of election macerials relating to the
sure. I voting process, and I would not want

Mr. FRENZEL. Perhaps I did not \o take any action to do any such
make it clear Lo th,e Cehtleman. I be- thing.
lieve it is unnecessary to furnish by I have been a staunch supporter of

!,^ Federallawforeignlanguageballotsin the Voting Rights Act since 1965. I(,il the United Staces of America, and I was one of the origlnal sponsors of thev think it discourages the incentive for legislation. But what I am talking



H 6994 CONGRESSIONAL RECORD - I{OUSE October 5, 1981
lndebtedness approved by the voters prior
to the time this sectlon becomes effectlve."

That is Just section 1a. Thts ls propo-
sition 13, probably the most f2ynous
propositlon we have ever had ln the
Untted States. And we owe lt to the
people of Callfornia

This ls section 2a:
The full cash value Eeehq the county as-

sessoB' evaluatlon of real property as
shocD on the 1975-70 tax btll under ,,full
cgsh value," or taxes..the apDralsed value of
real property when purchase4 newly con-
structed ora change ln owneBhip has oc.
curred alter the 1975 assessment.

Now, we could go on and on and on.
Just let me say to all oI the Members
ln the Charnber today thst more than
ever in the history of our country we
are, in terms of bond issues and in
terms of referendums every year,
going to the polls to vote.

f can assure the Members that the
prison bond issue we have ln the State
of New York is going to be as complex
as proposition 13. There are, I under-
stand, seven propositlons tr the State
ol Texas. There are something lIEe six
or seveu propositions-and the Mem-
bers can.correct me if I am crong-irr
the State of California, and so on, and
so on.

The point I am trytng to make is:
that when people Bo irrto,that votlng
booth a,nd close the curtai:r behind
them and stand there, they have not
only to read all these thlngs but they.
then have to cast ballots for us, be.
caluie we want to get, elected, of
couEe. So they have to vote for us at
the sa,me time they have to read all
these propositions.

I hm going to say that this ts prob-
ably the best example as to why billn-
Sual baUots are necesary as they per-
tain to voterrs.

l,et me go one step further, if I may.
Withfn the Ilispanic community we
have, Just like the maJor TV networks
ABC, NBC, and CBS, an internauonal
network ca[ed SlN-Spanish Interna- -
tlonal Network-a televlsion network, -
with a one-hall hour daily segment
that is a'broadcast lrom WashLrgton,
D.C., to every major lltspanlc,city
throughout thls country. So that
mearu that the llispanics in thts coun-try are not only well informed but
they know the issues because the
lssues are being transmitted to them
ln the Spanish language.

\trIe have over 183 radio statlons. We
have close to 150 Spanish language
newspapers. This means we are not-
dealing with an electorate that does
not know the issues. We are dealing
with an electorate that knows- the
lssues. Ifowever, the problem may be
that they do not understand all that is
on the ballot and aU the terms of the
electlve offices.

The CIIAIR.MAN. The time of thegentleman from New york (Mr.
GARcTA) has expired.

(On request of Mr. BuRcENeR, and by
unanimous consent, Mr. Gancre was

household-received three pamphlets. I spoke only thelr naHve language. It
understand that the Sta,te is Dow was an.evoluflonary process a.nA tt ls
trylig to send only one per household, more tha.n tttieti ttlaf Uv'-[he ga gen-
but this helps to lllustrate why it has eraflon, the chlldren spoke onty Eng-
been so expenslve. Ush.
. Also, after the 19?5 act, rllffslslt There &re now America.n cltizens
countles handled the biltrgual requlre- who have llved on reservations or ln
ments llr dlfferent ways. Ircs Angeles barrios who were as conti:rea in terms
9oun_ty prlnted voter tnformadgn 14 of the rest of soctCty as my ancestors
Spantsh and Engllsh and blank'eted were lrr the prcgrami tn poiana. Wtatt-he entlre county. Ios - Angele! was a natuial ivolugon.tr languageCgunlv, however, planned ahead. and usate tor Uuropian fiimigrants sInpIVaqked eagh recipient - to. tndtc^ate dtdhot trappe-n tn mani-iecttons ofwhether they wanted-electlon Lnfor. thtlcountri.
matlon in Spanish in the future. Th-is I see the-butr{gu8l requlrement as alnfOrlration was used to target -only catcnup measure; as part of an evolu-
spanlsh-speaking voters tr the fo[ow: iionarv proeess thit stroura travi
Eq gl-ecllorl. Los Angeles County.spent iariin praie a gineiatiinilo. I do not
$854,000 for that first blanketing iaGnd biltnsu-&l tarioti ilpresents aeffort in the 1976 prtTSII glggrto} it ieat to the-cornrnonatitv b:r the gns-
Because of targeti:rg,.tht c_ost de- U"n 

-t"rrCuaSe. 
i-afso-ad not belleve

il"ffi1,l?,i'JJ'ig'r:td-,'fl !,::lf,efi :ii:B#'#1;tgT"*"f#ffi it|+iT,"*cost decreased to $r3s,209."1.d r9!I9: irri" .iquiii--;i ;;;;G;ir6ry srrorr-sented onlv 1.9 percent gr_!I"_t9!4 ii"m-m"rs*e to accomrnodate specierelectlon budget. I think th-at's a.rca- cir-cumstances and.tnsure that certatnsonaole cost lo pa,y Ior entranchbing American cltizeru can exercise theAEerican citlzens.
rhe [at k iJasonabre applrcauon, frl?ir!]*t* of our rlshts-the rlsht

Tarsetir:g has proven_r!,"i-"il+- llg --nii. 
aancra" Mr. chairman, r move

6:iffi i![r'ffi'd',iie!HX"*:Xry$i*5.i':t" j"f iif".#H';",ffwas pleased that the coDomittee .E- .-i"O-""t.
:ll,X":"::H',*i#i':,":*!"i"!?i":t:;HFffi ffi ,l1fl Xtu"l*,'"ffi ::?to work elosely wtth lancuase minor- ;;;;
Itv cltlzens irn their ""-r"*,iiiii"Tii'J 

thore \rho are supportlns the continu-

*:f ;.t-:t-:Tifet;fl :L"'jltt"#?i'n:i"'H"'1,Tff#.3"i,S'il*'J"?l
onlv where lansuage ;:*i;;"tii";; conspiracv on our part that the use of
tually requlred. one t)rglish language ls not prevalent

Ftnally, r woutd llke to brtefly ad- l*^* o* of the country' That ts ob'
dress the philosophlcal arguments sur- "ililat 

we are trylng to do wtth thlsroundlng thls lssue.

;F*h$Et"?t*"i"Srff:"^:rft *,5ffir-hl;!i1"ffi #;"ffiI
fflr'' r:,H1",t1"*,F,";:fr$,$ 

*offlclal lanSuage-ttre
ihe fact ln several imE
both the Federal an
rheseareasurcrudeo"i-"'"tffi irl"tiJii"utl**.f"xr,l;3ft :,n.,H?:5t"1
wnicn afctatein"i f"e.'.:a :--,;'-----;-': am concerned' tt 18. therefore, neces-

La,'guaei oi i""t*;iif:#i&i!l ffil#*,::fi*",1*:;*X,f"#fffi
rxr"o'n:i'1lr"1'r3'df d;ir":r,ry,"Tjfg*ti*$f+Ut,;[-*the commonality of la
for our society. In tern

r"x"riiI",r"i:LH*##:H"HH,Hir"f 
Hi,,j,[-.ffi **r-i;Il*plaln good sense to enc

the English language, I

:::H:",i,ff :ili?t;i.',1Bl"'"flH8',:S,#i{p*?'}}:Sf ;;fi"lffit"pspeakllg and bilhgual. ::::'--we riivi-Eod-to"ue 
-rronest 

enough. stydt
however, to iecognize that i:r tne pasi 

- -S991lon 
la- The maxlmum amount of any

l.rarx'-"s:"trr'ri',ii$:"#[**ff ],];t{i":*j"lH.}{*iif*:*
legal 

.barrlers. 
The situation was dlf- co.aing to law to tnd aGtricG within theferent from European immigrants counties,

whose children atte_nded public I hope that.the Members 4re with
schools and mixed ln a diverse society, me so iar. Let me contGue. 

-
thus promotins English for^,the. .2d The llmita6on shall not apply to ad va-generation. In- many cases-, the kids lor-e-d taxes or speclal assessments to paywere bilingual while their parents the irxterest and,rldemption charses on any

li
1.

)

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t^ f'.lrrQE H 6995

October 5, 1981 CONGRESSIONAL RECORD - HOUSE

allowedtoproceedforladditlonalMr.qARclA..Iyieldtothegentle-youcan^begtntounderstandthehy.minute.) . -- -,"i;m.';.;;;'';'; ii:ifJ"."f":"J.,*1li'J:?i"i'::"ff"X**I
Hl"**'mt",yi-"n'*:'o$i'"4i:rg:iiJi*"its1;:ri'sffi,"#:Hi*#nt*'adirrerent

Mr. .A-RCIA r yretd'to the gentle. ,orr,- fiil-hew yorf iMr' 61R;ra) as culture ana sdeafing a different lan'

manr from callfornia. &n A#"ffi;' ;ifl$* the gentle' suaee' Ya Basta!!

Mr. BTIRGENER. Mr. Cha,:han, -I ;an;; Lh"rican coming 6"igi"aUv - tr4tt' FENWICK' Mr' Chainnan' will

am a Ume tuzy on'iire G;A"d;'" q";A;"6;i;o.Jriipectlhe Puerto th-e-gentleman vield?

l
;ffi8ffi?irT'tJi",#.8!i*ffi :m:t:3,*:"*ff1*',f;u1fi'6 i,ia Mr. LELAIID. Mr. chairmt"lfiB
r would hope we *o"it66tildJa6te to E[i;;tn";"shout our "ou"titv'-- 

ln' oppositlon to this amendu

co've^ie about here t, tfi-t the issues "ilii"t litiii"o:i srn r.q."ci"dil bropo.r- eiimiriate extension of the languase

in our own individrr]"r"iJ.""iitiar *a tijii ii"*""J'o"i ""ri,-p"i"t.rl*iri-liriirr"n 
minorities provisions of the voti.g

states are becomins more and more i,nili";;;i"6[iii t*o-aT'r-ect; ot HGnts Act' we should not defer con'

complex. cnirrird'""drasatog "" 
*"u-r" sp".' st@ration ot the languase minorities

--un;riarnsavins.#'.ffi 
It'##:i,ffi:^1ffit,*ill"s*y:xi*i:*t"r!fl "1,'$1-il{Tp,riEi#i'be sure'that when

issues befo'e the Arnerican .peopiet Americans. throughout tn-J="o"otrv, ;as a iigistattve draftins .error to
they understana tnei ue-rore tirey go ffi tni" would trsrease, 

-ii rri rrt'id -auow two- aitrerent expiratlon dates

to vbte. Ttrat is all I t

Mr.coNyEa,s.,ffieffi ;,";*h#,#8ffi %$;,H{'%*H:i*"*"lfint'"'8":T-""'"'.H"X"Jt?

man from Mtchiean- _- 
-.-- = 

__ 

. ^ tr 2030 iio",- ine biltngual provisions have

Mr. coNyERs. Mr. chairmaru let Mr. GAIicrA.-u r may retlaim my ueei vurneraule to attack-to a dilp'

#s#t":,i*F.ruHn'ffi #$ffiTH:*E&"Jrg"#;Hi',lk!tr*r:H-:,?i"T""?,'ixt#{
when You read it?

r,rr..cancra. werl t,.ar is Ey pein! y"#nXfui,ytfrminti;.,,'"1Si" ?i SiiiHJ"tii:i"X&9ii"[il,""l"e start
e*acirv *"re,r_'rF;fr"r"",:3H;r 

ffiqgii*ilffiflt;ii,*q[: fi:r$,};,_F$,fshhi3?,i:",,ffi
say to. mY colleagr
lrom Michigan, whr
it. .u. f'remember he was talking to me that w('"'r't'" cEArR*',;:*:'H,"*"',lf"l Lffiiiffi;#$"##Hffisa:i ilr"ni:h""r "r-th: vdti":.":":"
gpntleman from
GAacrA) has again exnrretr' :--

(By 
^rna'irno* 

.Jri"ti[ Mr. Gancrr rrtfiitffiii 6"* p1a9 their contrr- r think the record is crear that the

was iuowea t" proceed ror 2 additionar Ulf*'#fl*ff#,*!;;:f m; :nf$itir""g';..'tgT"?"?E:d'S3;
mlnutes.)

Mr. cARcrA. Mr. chairmaq let ^" 
df"liii"i-e-utica, uut it was an rris' 

"iear 
tn.t the costs thev would lmpose

lust say ihis to -y io-u'ii-gr?l fr i -may. 
pi.iif io-iiillirt?rue t i- the mouev ;;--irhn. rn Texas' the additional

Tlrere is nobody i'trrisloom who is t.?"t[-"il- 
--:-.- 

- - costs toiuitrrsual materials for regis'

moreproudof beinganemlricantnan . f;:ffi;,nD.Mr'Chairman'Imove tiiio" 
"nO 

eftctlons a'mount to onlv

il-;&-i-a" "* ,',il't*'f'1,".ffi"ffi f,,ffi11;',fg;1","?Hfn'";e: Hia;:?ilHj'.i:-:"*il'i'?'if if$
hearts and flowers.
a rifleman w1h the-:ii-r"iiiitioiui' ment' - owu Harris counW'

#il'{S"i;*n:Attt#*"e1,:t ;:Tfi*"}3ffi,?$1"'ffilti'ffi3iJ'i: .ffiilltoT}i:"ffiIifi"Ts*:t
of the lrnited st"t#,iitfr-""i-rariqd ish:) ^-,ac r wani. enormous' In 19?6' the Census Bureau

in this countrv. s"i;I-i-;;o'ld tixe to 
^-Mr' 

r'Er'AND' Mv collt

sav to the Memoersiiienarf or xis' tJ:tJfr"Tpiirio-s""""fnT'i1"X'"* *l#'*l-til"l;"1f1 t:t*li'E:i
Danics_and , r* utiliiii$U; iGt begin speakine the lansuage _or..TI $r"i"ti monolingual. rt is estimated
-on 

beharf of sspa.rii-cijr tnis tions of citizens or this ."T*:I'"Tii* Iia[ anotner 3? percent is-primarilv

Look, we "'",,ot.t,iIe 
ti e"t-'$Bt't'ii,: ?:J"&i1if1l;Hl'1E!ffi[:"flH lm:f,Sm:*S*'iil"ffi1"$"'tii!from you, and we 9o*I:,*'"':,"TH Jlil: i,XI ",fr-alritila- zt-pircenr of the S}#'#ffi;;i;il;i f"ici-spears

#*iml"r,"tri,":,:t"tri"r"';:r- ffi,'1?,9*Tf#i,,I,:i:ir'"?rs,l*[ i'.#*-fsl',xs1"'-,r5*lo,lln*;,,.
Let me just say one other thing. can vou trnderstand t'rffi;"ff ;ir"?: 

--co""id"" 
iurther. that the- Lrabilttv

*H#,'H.r:iijs's:?#"i',1?',"'ft ttu:,r":5"11t'.-l{i#[iji"g 
ffififftryt$i#lpdfi5a cost to preserve;;;i *"-["te' and onlv Spanish' V-q"-ry*,

InitE au i 
"t" 

trying to do in terms of derstand them nor part:

""ftfHhF"ml,:t"*: rime or -the fiYlYftil,:i.:iilq:lii;ffi8 ot .iii ueilg ir6hiia Jau'aiio'iat opportunitres

eentldman from- 
-Niw York (Mr' 

'""fri; 
InIi' 

"-i'n"1i 
r9 a" ei;ftiil;iii- aschildren' I ask vou' ls it not hvpo'

GeRcrer has asain expired. t1,rili ;;i; irtirr.t" i#t"ii^ffit .fr' 9{!l:.11 
to have denied educational op'

(By unanimous cons-ent, IrIr: gfRgit iilI' ilni"n -rr,e. it 
-#o'tJ trci' ii'a Portunities to [tispanics-and to con-

was allowed to proceed for 2 additional more strong'' tinue to deny educational opportuni'

minutes.) -HJev-en-itrougtr vou cannot under' ii"::" Hispanics-and to now penalize

i Mr. MccLoRY. Mr. chairman, will 'tiilJ'il-*niiiilp""rtiifrfiit"riil;ff *i.1'"" 
iot'beins proricient in Ens'

' the gentleman Yield? 
ruin' 

' --

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it;

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I

116996 ' CONGRESSIONAL RECORD - HOUSE Octobir 5' 1981

It ls true that ste,ificant lnprove- Mr. @rilfARDS- of ,Canfitnia' A E,,SUsh tn this countrv' Texas hap'

Ee,ts have been made-and the statis- .rii""-i-t'iiirre-e-i"r"#ltiifriir"6 n"iiio.p; Ev state' whicb ls the onlv

,cs are rmpresslve; rn Texas, which "otitiJi 
6de" ihts act to it"iiiio-."? ie-ason that fuse Texas as an example'

tlds ! mflltqa rrrspanlc .herica.n crtr- .ttre'i"oirs]iiei gef-a.iGt.nc" it tne Mr. LrrNGREti[. But the reason wbv

zens, about 2t perceii;i-til-p.;p"fi; ngu"T-Gd-u ihis 3,pendnent were Texas was lncluded' the tEsbilttv of

,on. vorer regrs*atiori-ti;;;&a-61 ;.aointe'al ir"i ioura u" cw ow- rne t-ne stspanic memberr of that state'

oercent Brnong Elspantcs in the perlod ansier G yes. - was aft"-iUy t"ftiiato t5e lack of Edu'

tetween 19?6 and 19g0, compared to a lrd. ^Eilffit' so, ln other words' u cauonat opportunittes presented to

na'onurlde average tncrease among *""iaiii-6i"-ain"na-eot, we a're tnem; whiilir I would suggest to the

rrispanrcs or ao perceu?"vi;i tffiofi rt"irfri-iutEe as"Gtance ior reallv ieotli-^' mdv or mav not be the case

lncreased rs percent for Elspanlc uasffiv-iir"-p"opri-that we nave in ottretlurisdtcttons: And since lt ts

AmerlcenslnTexasdurtnsthesa,meco-i-iito--t,trrs-co.unrryandsortofalreadyc'overedwithrespecttopre.
oeriod. Elrrthermore, about 80 to 90 eoiiati,t 6ilue eastern part of the ctiaraice, what the gentleman iis su''

bercent or rhose pouLiil-in-" s;-ut-h- u+;; SIitIS aii r:r-tg ottre? areast iisttng bv his arsument ls that we

western resistretlo; 
-anl educatton !i;;6ffAR6'56ictrii- o-r"iJv"s' [tren tirctriae this overlv broad sectlou

X"Jr1;'ilir"i-'iiiilii#"rH;,J';ffi:i; m:ffi"9*E:":XXm 'n:*'"XX;:T,iii:lll:::,trJlt%1ful. '-,afim"n, coufa- we have a,n agee- fvfr. f.ef,efo. U the gentlemau wlll-in 
sPite of all thts, tn 1980 ontY 5? g

percent or eugibre. dr"i-"iiJ rrt".. r,, -dt;;i ;ilut€JontJiS 3LXff"; 4s-lft;:-i'ilo'iia Jirstrrte to re-

Texas were regrsterJiilatirriffi;; min"tiioothatside? 
"porrd-bv 

savrng that mv concenr ls

cent.actuallv votea-'ifits-c-oi"p;;1; Mr' ITYDE' Yes' 
flfonrla. Mr. y:,lt ]"o"'"":""*."-T?"1lr1tT,;i;";;'ir6"*-erni""Hf:!l!;ilfi 

fiHTffiTf*i{tmdH*fitffifor the nunber of E
ricr'ars' out or a **lll"tr*fi,!3Hi*",il 

"tf"%Lffi*fi-. rs there obrecron g$T*.'|ffi: ll"",ff'mnt;"r*^-ffclals, there are on
countv or'ce rnt"*ff*or", 

tr,tgiru.,: L'"lti#$*" or 
fhe 

sentreman from ff* ,$.,€;xf*;f,"tii"T"*""rIt ls dear that lf s

r}}*itfxJ:lli x;l',,:"'T'"H "Hf{kru;xr1tffi" g"ou"-* i*i:"r*"1":':ll;,:$'*ii;} 
ieiire to

i"ia *rere .'"*'ffH{"#i'*ih1! 
fiffi ffi]iH i:'ffiffi ,#&*g#r ::ffiJ:done through the'

to counter the gerll
ft;;;i;;ti"n-ictremes' the annex' t""-'g"iliiiriii vi"rar;i;;,-;,i- tfie outragni Ft++aatton "'t*r. gyos. r ytetd to the sentleman from rlllnols

;f;!['g;. rtiie is"i:o'iiiaetiute work t1e6 erxremra,. Mr. MCCLoRY. Mr. Chairman' we

;; ile;;6-trrne lansuase- Errnor- it.-ffi-a;EN. Mr. chatrman, the travi ueen ialklng a lot about lris'
ittes to their Just ani a"Jieu:"t ol |lep,: onfi pi'il't i-dilt to iaf-" 

"oncerntng 
pantcs,. and lrlspanlcs, of course' are

- resenta6on. To dllute these provi,sions i.riJ"iir"i"t statement ;i th; s""u; iovered under the minorit-v lansuage

or eltmlnare tn.--1idi.i-or-rn Gas- Hao troo Texas ts trrrt, 
-"itiii"itrlir" provtstons. But we are also talkins

ls to exclude Bany Amertcan citizens ilfii",;t;dii-uaiiGoiitiii;-nottrini ibout chlnese' we are talklns about

from rhe polfiical p-"i.":-ri t" to il"4;'-o;i;ili1f-t"i"J,"qt6 *g iag_algs,,wgare.talklngabo-utoocano
comrnlt an lr,ustlce ;hi;h *";;n;nlt ltenammt before *. ffiL 'sd.te or tn naw-a'tt' But the reasiomle need thls
resret at some ruturJaaii. il";; r"-*;ni-iirv- rn" uiiir-tiie pre- a'menarnent ls that the Federal Gov'

tr 2040 "riit"cirec[rons"'uec-a*Jor 
the low ernment Esndates expetrses.on these

Mr. ED'TARDS or ca,rrornra- Mr. Hffiry,S8iiif.J#',sa'J"li*H ry":,n*,6 *"i""'ff3-Ha y"n'""*

cri'ii'"T r' *'""*Filt{# 
ffi#Hgftt$g$i*l{;g 15ii[#g*1*-m'$;"'"nx

gei 8n aS3eement
been on this I:oP
for more than 2 ho
utes? to so to school. so there d;l"AiH;ii io trare them complv with" an Eneli'sh

Mr. Irl-DE. Mr. chairman, we l.qpt ltnnection between ttre-sta[6- aciion language document, by the way'

have one speaker Iiil-in inl" siae. ;;ffiiffi ;li'til 6;biuty to spear Mr; EYDE. Mr. chairman' is the
vfr; .t-&;-;tir,rGni poes the seP- [h" sogl"tr language anE-thereiore, gentleman maktng a rineing endorse'

6eman nave ma^ny'iore iiio *a"i to iii" ffi8i" iitite jJ ci"erii i,o tbe ques- ilent of bome rule when it comes to
ii-&r. 6Jt G rta"l' iiou or preclearance,- and that tBcludes bul,rcual bauots?

Mr. ERTEL MT. Chalrma^n, I would ;ffi,A,iG;*t for bilingual ball-o-t. Mr. McCLORY. I am supportlng
like to have one opportuniiv to ask a --,ir[-seciion 

refers !o I yely dlf.rer- home rule, t am sgppqling efficiency
guesj1o,. ""i 

trfgiiiGimecnanrn. It ha.s abso' a,:na Corro*y at the State and local

Mr. EDwARDs of califomia' Mr' fit-ed'"ftl-fds to ao witn tne educa' i&"r, 
""a 

t imnr ttris is a--veri sood

ct aiir.ran, i iiira tb the- gentteman honar requtements of that particular amendEent. I hope it wiu be over-

ir;;F;;"ttv-ania- S-iaie, ev'en thoush tt ls written Lr whelnlrgly supported.--frfr.-gnfiL 
IvIr. Chairma+ I would' there.

ask the genreman rrom calirornta, we 'ir.' rcr,erp. -Mr. chairman, will o#iiffi""f;;#:ifi?]ffi4' 
r vield

Hi1tffi;:tff',i"*,At-.,'""# 3i *,i,f:tlHffiE#flT 
vi"ra to rhe sen' ,,H""f,ffiIffi;. 3ffi#3f'f,*T

:#S}.,ffi*eu".1l*,r$:"",tt!!!"ifr'TSKB:1T;"y-{,H::*1g,1$;;;',r,qSq.": ji:l',?#?;tf;
it e 'opp"ii.initv -to' gti assistanc.e that and feel as the g'

:lf f,,tt*im:,*$:,t,:J#"tH1'*'15"S,:*"'i::'[^[""i,aJ''i,:amendment'
the Indlans were reall) the natlve itrii."iiror,"rtgo.otJltIair"i".,iil' Mr',chairman'rvieldtotheeentle'

Americans, a.nd if thev have the risht iiil; ;;iffi' !"i tnJ"ii";^';;' ;h" Ilan from colorado (Mr' lvrRrtr) such

to vote, it seems to me their language, ilitt""-rt-t-titt Texas 
'iep-iJsents the time as he mav consume'

if they have a lansuase and they meet &"irpru or -what we ,rd"tirxii'dtiu6,ii (Mr. wrR'TI{ asked and was siven

the requirements 6f this, do we Dro- ;i*;-*" tarr iuout ptJt""tGlit e in' permission to revlse and extend his re-

vide them,r"i.t*"i"-rrraei itris actt iliiiis of Eopte wiro do not speak marks')

))

tD

-1



October 5, 1981 CONGRESSIONAL RECORD - HOUSE H 699?

Of course it was not fully true tn the
begi:rning. That dream did nqt come
true when we let Just those who.had
large amounts of property. vote-.But
that eruel system fell under Thomas
Jefferson's onslaugbt, and we won the '

rtghts of universal manhood sufferage-.
That's what we called it, but slavee
were counted as three-ftfths of a
person. Flnally slavery lell and we
adopted the 13th, 14th a,nd 15 amend'
ments.

And, of courrie, that was not quite
good enough etther, until fi:rally tn
God's good time we let women vote'
too, and gave lmpetus to the world- I

wlde movement for equal Polltical
flghts for womanklnd.

Stlll, that wa.s not good enough, so
long as gleat nurnbers of people were
not able to ftnish 12 years of public
schoollng, more than 60'percent of
those who were black or l{ispanic or of
mi:rorlty racial origin did not finish
public school only 20 years ago. But
they were Arrrerlcans, nonetheless, ind
we kept worklng at lt until we brought
them lnto the parttcipation of this de-
mocracy of ours. Now some ?8 percent
flnish htsh school-stlU not enough'
but contlnued lmprovement. In 1965
we passed the votlng rights bill, whtch
put a stoprto the systematlc exclusion
of racial minoritles from the votlng
place.

We have never made a mistake when
we trusted the people. We have never
made a mistake when we broedened
the franchise. We have never made a
misfs,f,s when we have given more.
people a piece of the action tn this
country. This is what ha.s made Amer-
lca 8i!eat. \tre have never made a mis'
take when we broadened the horizon
of educational opportunity to let more
people 8et Eore education- We have
never made a'mistake wheo we left
more people vote.

We dld not make a.mistalre when we
lowered the voti:rg age tb 18 on the
ground that people wtro were able to
defend our countrY and called upon
sometimes to Sive thelr llves'in its de-
fense, ought at least to be able to vote
their convictions, whether they are for
or agalnst a glven proposition or.a
giveh candldate or a given Party.

Some have critlcized the bilingual
provisions of the law on the ground of
cost in printins ballots. Ilow.puerile
-an arSument when the process of de-
Eocracy itself ls at stake? How much
ls freedom worth? Does lt have a price
tag?

Now there are pegple in our country,
good citizens, who do noL Yet speak
English very well. They are Amerlcans
nonetheless, sometimes the most dedi-
cated Americans, the most devoted.

The most decorated military unit of
all, ln World War II was the 442d
Regimental Combat Team, made uP of
Japanese Americans. Maybe theY
didn't speak impeccable English. Per-
haps they needed some assistance in
the nuances of language. But they

(G

,c,

Mr. WIRTII. Mr. Cha.irman, I rise tn and condemn ttrglr-vd..V own actions. I
op-iriiiiion to ttre aminOment of the really do -not- thlnk tlat our actlons

i[f,f"il"ii 
-- 

69m --ntirnoG (!Ir. speak a.s loud as our bilingual words

ti'iCi-oail, whiih woutd elimlnate pro- have, parttcularlv tn the past vear'
;ist;;;}-8.n. alrz which extend the duri:rg the recent campalen'
i7!tG; nig-t t" Act's laruuage mlnorlty. How p.ny of us did not take out ads

#qutrements through 1992. Tbe effec-t ln newspapels tn-slanish' Genuan'
6i-thi" arnendmeni would be to rel' Elu.ngarlan, Pollsh? Elow many ol us
iiaie to last place-behind all other dld not put out canpaign literature Ll
tlnorlttes-:those whose minortty foretgu lanSuages or put radio ads on
stitus tn our society lncludes lan' br foreim languages? Wtry, even the
guage. Republlcan Natlonal Commtttee- Oier 10O,OOO Elspanic cltlzens llve ln bragged about the fact that they
the city of Denver a"nd ln Boulder prmtla campalgn ltterature tr dozens
County, Colo., both of wbich ale cov_' of nattonaltty langueges seeking to get
ered bi the lanSuage mtnorlty provl- the ethnlc vote. And now that it comes

.. slons dt ttre Vottrg Rights Act. Sup' tlne to put their Eoney where thelr' porters of the a,mendment before us Eouth ts, they refwe to do lt.
would argue that these people-many EIow Eany of us have stuffed our'
o( them Ey constltutents-are solne' selves witb pierogb chitlins, tortillas,
how seeregated .from the rest ot ktelbasa, lasegna, matzo ball soup'
Amertcan society by provtding theP - whlle we ogle tor votes and tell the
servlces and basic tnformatlon in.thetr people how much we are llke them?
own la.nguage. Just the opposite ts jfnd now we turn our backs on these
faug; llllngual requirements provide same people who tnrsted us with thls
an opportunlty for language -fuor: ameni-ent. Why do we not put our
Itles to I6tn the suftural a,nd polltlcal votes where our stomachs have beeu
maiDstrerm of our society. This ls nF and where our ca,mpalgrrs have been?
where Eore true than lrr voting rtshls. I urge the defeat of the a,mendment.

Language mlnorlttes tire effecttvely iA.- mWanpS of -Caltlornta. I
denled access to the poUttcal PrP!9I ttr-a.nt ttre sentleman
when electlon materlals and asslstance -Mr. Ctr*rnan, to close debate on
are provlded on\1 tn...hqry!..19,9 rhis;rne-idmen{I yteldlo ttre disttn-
often, lansuqse _pinolltl 913lo9,jl} miGh"a;;Friiv-rlaaer; rhe genue.

:x,lJ:tlf; ll?l,,fi tr. ;:it"3fi ffi "[i,; -ffi r;ggffi xil:"T];u"-,"' lplgpos€q c-onstitutional a^mendments. r.Jm- tiias <Mr. WBrcrrr) ls recog.

*H ,H'H}f"*:11$:ffillh,"iili iiea ror 4 minutes.

*Hhxil f,:tm-trf 
'f,ffiffiil*ii *%,ml"t,,f ' #ffiH' -ffi

ffi'qm';'ff't.iuiffi Hlllqtitk$#ffid
separarisE amons "fficri?;;ffi;i: w-hen it has trusted the people. It

' tties, promote particifit8#a;#il;v - reallv comes down to thau I thlnk'
' and shared responsibillty. ' T'he history of our whole Natlon

when congress'e"ii,lla the billn- n?ay, be w,ltten .as a hlstory-of- a

cdir i6tfii- pi""i"riril rii 1b?;, th;i, steady, gradull broad€nins of the
- were scheduled td"'Jipi* 

-ii-iS6-5: franchise' and participation in the
unllke the rest of it e-[irrre"t Voifng good things of this $e. We did not set

ni6ts ict, wrucn-Jrif"J-i^- i6g-t gut qutte that Yqv. Thedrea:nwps not
fn1r;i-p'C arattiiri'o'ueriigni *"J fulllr developed -ln-the beelnDtxs' but
not be allowed to tifr a Ua.iilot post- we did set out dlfferentlv from oth-er

fs?jff ji*,f 'l,i j"t3$tr'",*:i".H*ilhJisdi'el3lf *,i"",:',8"'*:
;.j|il'of .lii;se 

- 
irovisions are well an ancestors dtd" to creite an aristoc'

aware that pv iror.i[iJiti* ;;d-;i; racy a{r a rulLrg cJass and establish lt
rest ot ttre Votireg RiEfiLi a"t-Ei ii- as an exclusive elite to run thinss for
iecifvely 

- n"UUi 'tffirs"A-- rotirri ttre benellt of all the rest of us' Nor
rinh+6 - dld we set out, as dld the I'rench Revo-
"i^f"u" noted previously before the luuon and the Russian Flevolution, to

. ffouse tnat votlri,g-riihts-are ihe fun- reduce everybody to. the lowest
a.-e"taf p"eservitive of all out other comEon denominator, to destroy the
nghts 

"nd 
that conti:ruine votirce dis- aristocracy and substitute for it a dic-

criminatlon ttgeatenl-Ine-ci"i,eir-ts ot tatorship of the proletarlat' We dld
unive*at suftrage on which our de' not do that'
ilaract 19 baseld. Vottn? rtghts for. We set out to do somethins differ'
iills*;" minortties are aiital compo. ent. It was to create an equality of op'
nent of tfre progress-wl navi maae in portunity that would.leL the rising
115lr;ins a v6icJtoiatt-ifut must be tide llft all the ships, in the words of
continu-ed. - John F. I(ennedy, and that lvwhai we--iir. gpWanDS of California. Mr. have been about doing. We have been
Chatrman, I yield f minute to the gen- systematically - expandlng opportuni'
tleman trdm bnio (Mr. EcKART). tles-opportunities to l,earn, opportu'

Mr. UCXaRT. Mr. Chairman, I was nlties to own, above all opportunitles
i:ntrigued to listen to the parade of to participate ln the political process-

speakers today come dowzr to the weU es.i,



H 6998
showd ttrat they knew what it EeaDJ
to beAmerica.ns

tr 2060

CONGRESSIONAL R"ECORD * HOUSE
'Dro""o - ratt

EdElBrd! (AI) Lowery (CA)
Edrsrd!(OK) Lurgreo
Elli€tron Mldlsa,D
Erdsru ldarlenct

MurDhy Roso 8Yn8!
aturiui Rosenthal Tauke
n"pier Rost€nkowshl Tludn
Ncl.her Roybsl Ttsxler
Ner.l Rulio U&ll
NeUtgaD Sabo Veatto
Nowats geDtlnl VoltsEer
OBdeB SavaSe wal!treo
OrI!r.- Sarycr. WdIe!
oberstsr Schructr walhhatoo
Obcy . Schnrtder WstLlD!
Ottfirger Sctuoeder weaver'
Panctta SchuEcr Web€r (MN)
Patt4tlon s€tbcrltng - weber (oE)
freas€. g€rBenbrenner Welss
Pcaper ShaEsnsky ' ]qlrtlaeerHng Shalnon ltrhltleY
Plckle ShErP Whlttco,
Porter Slrlon - WtUiser'(lff)
Prlce Skeltoo: Wllso!
Pur:seU SEIth (IA) wlrtb
REhaIl I SDrtth (NJ) Wolpe
Railsbark $tr.ltb (PA) WortlcY
RaDgel Snoro Wrtht
Eatchrord SolsE wydea
Reuss stGennsl! Yeteg
R.hod6 Stsrk YBtrou
Ric.bmood SteulolE Youns (AB) '

Rilaldo gt ke! Youna (MO)
Rodfoo StrattoD ?ab,rocbJ
Roc Studd! - Zetcrettl'
Roemer Ssllt

. NOTVOTING_2I
AsEbrcoX Dln8.U Psrrl
Beard Fledler 'Peyser
Bontscr Goodung , slljsnder
BrosD (OE) Eot'ton Ttromll
BurtoD"Jobn JoD€s(NC) . VsndelJ8tt
C.'8De,Pblup t brllD waEaB
DlBDaeeyar Ps3bqyrn wiut8E! (Og,

tr 21oO

The Clerk announced the followlng

Octbber 5, 1981

I am reininded tJrat there never haa HJtrtiJh, ffiHlf}
been since the bednDilrg ol our Na' nerd! Mrrttn (Nr)
tlou-s Eflltary bistory e slngle Amerl' Fbrdlev ucqory
cani:rvrcJ-inE$tnantc..oridollg *ffi: 

- 
SS'S"J

was ever accused of cowsrdlce or tre& ifr;;a !/rcEwcn
sorL orosteb l[colatb

Roy Benavldez. tbe most recent gT-sI Mrchel

earner or rhe cons;;ro;;ili,r"a;,1;! Effi, ffi*T"t",?o,.
Elonor, recently wben belng qutzzed. ganmcrcchEldt Motln rt
about-bow tre felt under those ex' E8Dse!(ID) Molloba'u

d"-; cfi;-"iril& tnwgrcu-ne.s.aved ffidl<un il$S"-'o
six of his compatrlots wbo haal been Eil;-- uo<irtreaa
wounded a,nd otherqrtse out ol actton' Errrrr Morrlson '

rlportea wtren.he was.Eit tn the^head g*:Su ffi:*three tlnes wlth a rllle butL there iffd.o" Nclsoa
came to fufs mlnd Just as bls coDscious- Je{trtea Nrchob
ness begEn to lade and be was Just *bTstoD orlcv
aUoutto-pr"sout,sooeworaqi"o*Fl" ffiffit* ffi
chlldhood spoken ln the volce of hls G-so-""sbo Prtrt
mother. Those words were: "No te rstJr Ht'h8'd
rajes.;' rjcBouiluL! Qullletr

Spanlsh words, yes, but Amerlcan- ffi E#
words, 'Don't let then get You dowL" l

:sro:rt is what tt ts att a]uoul And tJrat - NoEs-284
ls as Anerican as apple ple-or let me Addsbbo Dotnot,
say that ls as Amerlcan as tamales, or fHF- Dbls
iltzo ball soup, or sdiu!qu'.9r fl!fr,?c", il1X1""-
comed beef and cabbage or dolmaus A"d.rroa D..s'o
or soul food- It ls as Anerlcan as all ADdrGst DornsD

l*fi#ffi.HlP"r*:s: H'ff ffiffi ' ilffbave to be all the sqme. We do not atunroa Durtr

sfl:*S'flfi: ",1:'H.,x3."fi*Tffir'f ffi;,IrS' ffi
lDg pot. This plurallsuc AEerlcan 9!!' as-fuc Eirly
ture of ours rnay cone out e Uttle Barne. Ecxrrt

egi: H"?j#r*"""?H;'#ffi ilLk Btffio"rca';

dvtng a blt of lts owu flavor to the Beniett esusb
wbote, but each retatatng E blt ol the Bcrcuter Efter

i"TJgiltv,nits;vnidenfrr: . -.- . tr;1f" ffilfl3
Tbat ls wbat makes Allredca. Adaf BtashrE Erlrr!(IN)

Stevenson once sald "Anerlca ls noth- Blauchard ralr
tfi *henif conslsts-o1 9a.c.h of .uF: HilT. ffi;t
Amerlca ls sometblng wbeil lt consrytg ;;ffii reuwrcr
of all of us." The VoUng Rlghts Act soner- Fcnaro
bas helped make a reallty of thls P91* F18h

dreao lee have naae-no-iitsttt" Pv Hl:ft ffH' trusttDg the people. And we wlll make Bresur no-rio
uo mistake by extendleg thls laur. Irtlrlev Focuetta

rhecEA[RMAN.G.quesuonls.on B:S*- f;li',*,
tbe amendment olfered by tbe gentle- s;*" (cA) poro <r:rr

'Ea.u fron Illtnols (Mr, McCLont). Brovhlll Fosler- ttre questlon was takery.pd tX9 |ffi"*' m
Chatrnan announced that tbe noes Eii-pu.u tr'uquE
appeared to have it. chlrbolo Garcls

REcoaDED vora _ &f"" ffij$"""
Mr. McCLORY. Mr. Chalrman' I curiger Gephsrdt

demand areCOrded V^+o CoBt! -GtbboD!

ArecordedvotewaiJraereo. 33i[3,r,. fiffi
The vote was taken by electronlc cont€ Guckmsn

devlce, and there werB-ayeg 128, noes gonvets ooldsater

id.i,i6trotriiizi, airouohi* 
---l ---- S:trffi SH"*

\ I - mou No.24ot courter Grgdlson

)r. AYEs-128 3:H!:#frtr- &,*
Appleg8te Burgster Consbto Chckett Greon
aiitrii Buttir craig ' D'AIaour! Guarlnl
aaafrcm - CannaD , CrsDe,Danlel DanlelsoD GunderBoE
BstnB CrlrDev Drnie!' DaD Daschle EBll (Og)
a"""Oct, Ctrtppell. Dsdel R- !r.' Davl! E8lI. R8lph
ilrul Crt"iite Daub de la Garzl EalL SaE
Bui"y Ctreiriy Dcrf,rtlrskt . Peck8rd Eamlltou
gioo-mnefa Colemin DlcklnsoD Dellrll!! Eance
ArowB (COl CoUlns (TX) Drcter DeNardb Earkln

Robcrts (Eg)
Roberta (SD)
RoblDsoE
Roser!
Roth
Rouk€Ea
Roussrlot
Rudd -
gchul,r
Shar
Shelby
Shuilray
thr!t€r
ELcen
smlth (AL)
Smlth (NE)
aElth (OR)
Sayd€a
Solomon' Spencs
StanaelaDd
gto.Dto|l
Statoo
SIUBD
TEylor
Txble.\f,aEpl€r

. Wblteburlt'Whlttak€t
wl-nB
wolt
WyU€
Youn8{rIJ)

Bsrtil&.
EatchG!
Eawktnt
Eecller
EGrDstr
Edtd
E€rtd
ElahiosGl
EoUrnd- Eollenbck
Eolt
gopIrD!
Eorrard
Eoyer
EUCL!hy
Eugh€6
Eutto

Eydr
Irclsd
Jlcob
JeDtt ct
Joner (OK)
JonC!(TN)
E,,E[
EeEP

- Blldec
tomvsek
Eral[cr
I4trblc6
La,Dtog
L€e.h
L€rth
IrlBnd
L.vtter
lrwE
LlvhrEtoE
Loelner
Lona (LA)
Lns(MD)
Iosry (wA)
LUJ.E
Luten
.LundLDo
Markey
Ma!k8
Marrlott
M8t5ut
Msttox
Mavroul€r
!/ta,zoll
MccouuD
Mccurdy

' Ilf,cDad€
MclluSh
MCrtnney
Mlca
Mtkulstl
MiUer (CA)
Mlncta
Mlnlsh
![ttcheu (MD)
Moakl*
lfotlett

patrs:
Ou tJrls vote
Mr. Philtp M. Crane for. with Mt. Jones of

North CsroIIDa sgalnst.
Mr. DaDneEeyer tor, wlth l{r. Eorton

osainst. I \.-!ltr. TIxoBas for, wlth Mr. Wtlllams ot , l,
Ohto sasiDst. a*r'

MT. EIINTER ANd ilT.r. MORRISON
changed tbeir votes lrom "uo" to
"aye!'

So tUe qmendmeut was rejected
The result of the vote was an' --

nounced as atove recorded.
auElrDrmra ofrEB.uD BY ![n LUNGRIIS

Mr. LIINGREI{. Mr. Chairman" I -

offer an rmendment
The Clerk read as follows: r

Aoendmeut otfered by Mr. LUNGREN: On -
psge 9. llne 7, lnsert "(8)" 8fter "SEC.3.".

On pagG 9, alter llne I, tnsert tbe foUofl'
!xs,.(b) Secilon 203 of the Voilng Ri8hts Act
oI 1965 ls amended by striklng out 

" 
includ'

lng ballots,"' each place it appears ln sub-

'(otber than ballots)' ln lieu-thereof."

tr 2f10-
!,1r. LITNGREN. Mr. ChairmarL I re'

allze that the hour ls late. I realize
that lt ls difficult asking the lndul'
gence of thls body 10 minutes after
ktckoll tlne, but I did efve mY com'
mitment to some Members, partlcular'
ly on the other side of the alsle, that I
would offer this amendment. \

This amen.lnent deals with the /
same subject that wais the subJect of \
the last amendment, but there is one I
EsJor difference. This makes one / l)



'l

irs that durins the hearings we con-
stantly heard from- those dEfendlng
the provisions that i:r fact bilingual
ballots were not regutred, and [n. fact
tf a Jurisdlction made a good faith
effort to create ballot facsimiles' mate'
rial,s, assistance, and so forth, lt would
not be required. It was never clear, be-
cause of the extent and nature of our

October 5, 1981

simple change in sectlon 203; that is' it
limits the ability of the Federal Gov-
ernment to mandatorily requlre bi:
Iateral assistance, assistance other
tha.n ballots. in other words, mateilals'
voting a-ssistance, oral or -printed,
alloi facsimiles, things of this nature-
The reason I offer this amendment

CONGRESSIONAL RECORD - HOUSE
ed to be approximately 99 Percent'
compared with 29 percent black voter
registration before 1965.

Despite this and other success re-
sulting from the act, the Voting
Rights Act is sttll desperately needed.
The U.S. Commis€ion on Clvil Rights
found that the gobls of the act have
remained unJulfiled. In its September
1981 report entitled "The Voting
Rights Act: Unfulfilled Goals"' the
Commission endorses ttre extension of
the act.for another 10 Years for a
nurnber of reasons. Ttre Commission
found that minorities continue to face
a variety of problems which the act
was designed to overcome. It docu'
ments resi,stance and'hostility on the
part of many citizens to increased mi'
nority participation iio alrnost every
a-spect of the electoral process. It-also
points out the resistance of many local
jurisdictions to followir:g the. letter or
ahe spirit of the preclearance provi-
sions of the Voting Rlshts Act.

Althbugh the orisinal special provl-
sions ot the VotiDc Rights Act do not
apply to mY home State of Oregon'
the mtnority language provisions are
apDlicable ln certain parts of Oregon.
This portion of the law requiles cov-
ered Jurisdictions to'conduct elections
ln one or Brore languages tn addition
to English. Two counties ilo'the east'
ern part of mY Statedefferson and
Malheur-must comPly witb these
provisions. Because the Warm SprinS!
indian ll,eseryation constitutes part of
Jefferson County there are over 2'?00
America.n t1{lnns who need to be pro:
tected from voting discrimination. At
least five percent of the people in-Mal'
heur County are Spa,nish-speaklng
citizens.

It is quite apparent that there is a
need.for ihe extension of the Votlne
R,ights Act and I urge my colleagues to
support it.

Mr. ROEMER. Mr. Chairman. will
the gentleman yield?

Mr. EDWARDS of California. I3,'ield
to the gentleman from Louisia,na.

(Mr. ROEMER asked and was given
permission to revise and extend hi,s re'
marks.)

Mr. ROEMER. Mr. Chairman, I rise
tn strong support of H'R. 3112' a
strong reafflrmation of this Natlon's
committment to votfurg rights for all
Arnericans. I plan to support only one
amendment to the committee bill-an
amendment submitted bY Mr. BSILER
of Virginia which would allow bailout
provisions to be adjudicated at the ap'
propriate Federal dlstrict court with
three judges appointed, none from the
district lrvolved.

This amendment does not affecl the
tough preclearence section of the bill
nor does it allow local Prejudice
toward these cases to influence the ap'
pointed tribunal. It does greatly
reduce the cost of bailout hearlngs, in-
creases the chance for the whole truth
to be revealed at the hearings, and
supports the influence of the Federal
district courts in these limited cases.

H 6999

I support a strong Votinc Rights
Act. In my opiniPn this amendmeni
strenetheis the act while no other

Mr. WASHINGTON. Mr. Chairman,
will the gentleman Yield?

Mr. EDWARDS of California. I Yield
to the gentlema,n from Illinois.

(Mr. WASIIINGTON asked and was
given.permission to revise and extend
his remarks.

Mr. WASIIINGTON. Mr. Chairman'
out of the over 100 witnesses from
which the subcommittee heard testl-
mony duling its 18 days of hearings'
the overwhelming maiority specifical-
ly stated their support for the lan'
guage mlrority provisions of the act.

In 9 of the 18 hearings, over 32 wit-
nesses specifically addressed this issue
tn some depth. The hearing in Texas
on June 5 presented evidence to the
subcommlttee, bY most of the wit-
nesses, that these provisions were key.
ln encouraging language minoriiy citi-
zens to participate in the political
process, some for the first time. We-
also held two heartrgs in S/ashington,
D.C.. on June 10 and June 18 which
focused almost exclusively on these
provirsions.

Witnesses who dlscussed this issue in
more than Just passlng reference-were:

May 6: WlUiaJB Velasquez, Director'
Southwest Voter Reglstralion and Educa-
tion Proiect.

Msy ?: PoUy Baca Baragan. State. Sena-
dor. Colorado. Mt. Pablo Sadiuo, Director.
'Elspanic' AJfairs, U.S. Catholic Conference'
of Bishops. I

May 13: Roberto Mondragon, Lt. Gover'
tror, New Mexico.

May 2?: Professor Charles Cottrell. De'
partment of Political Sciencer St. Mary's
University, San Antonio, Texas.

June 5: T'hirs was I dsy'long hearing in
Texas at which the overrphelmlng number
of the l5 plus qdtnesses testifted on this
lssue, as well as on Section 5.

June t0: Robert Abrams, State Attomey
General, New York Strate. Congressman
Paut Mccloskeyr (R-CA). Congxessman
Robert Garcia (D-lfY). Arnold Torres, Con-
gressional tiaison, Lt I"AC. Eenry Der' Ex-
ecutive Director, Chinese for Affirmative
Action, San Ftancisco, CA-

June 16: Dr. Arthur Fleming, Chairman,
U.S. Commission on.Civil Riglts'

June 18: Barbara Jordan- LBJ Sctrool of
Public Affairs, University of Texas. Vi.lma
Marf,inez, President snd General Counsel,
MAIDEF. John Trasvino, Commissloner,
Citizens Advisorv, Cornmittee on Elections,
San !'rancisco,.CA. David Dunbar, General-
Counsel, National Council of American Indi-
ans.

June 23: Mary Estil Buchanan, Secretary
of State, Colorado. Dr. George Sheldon,
State Representative, f'Iorida

ArlD[uoNAr suiponr FoR sEcrroN 2og

Colilornio
Resolution by the San Francisco Board of

Supervisors. Irtter from State Assembly-
man Art Asnos (D-S.F.) and from Senator
David Roberti (D-L.A.); Letter from Mayor
Tom Bradley, Los Angeles, Statement for
the Record by Con8ressman Ed Roybal (D-
CA); R,esolution by the San Diego County

r lndlcates oppositlon to these provisions.

hearings, as'to how extenslve that
flexibiliiy was, so I offer this amend-
ment as a more moderate effort. to ac'
coniplish wha.t waS attempted by Mr.
McCLoRY of Illinols.

Mr. EDWARDS of -California- Mr.
Chairman, I rise ln opposltion to the
amendment.

Mr. Chairman, strce we have already
debated the fundamentals of this
issue, I will be very brlef. The bilin'
gual ballot irs fundamental to the billn-
gual voting assl,stance.J,]re maior cost
in California, for example, ls not the
ballot itself but other written registra-
.tion and voting materials. 4rt sxamDle
is the initiative ballot in Caltfornia-

In other States, costs for ballots and
other materials is minimal^.according
to the testimony we had tr the comml'
tee. The costs in New Mbxico are ttuly
insimificant. In Texas, the testiraony
wa^s that it does not even separate out
the costs.

Current law permits a facsimile
ballot to satisfy compliance. This re'
duces the cost dowD to Practically
nothing. In,San Diego, Callf., aU they
have is a ballot on the wall in Spanish'

3o I do urge a "no" vote.
Mr; AUCOIN. Mr. Chairma.n, will the

gentleman yield?- Mr. EDWARDS of Callfornia. I vield
to the gentleman from Oregon.

(Mr. AuCOIN asked and was given
permission to revirse and extend his re'
marks.)

Mr. AuCOIN. Ml. Cheinnan, I rise
in support of the extension of the
Voting Rights Act. As cosporrsor of
Il.R. 3112, I feel that thls protection
given to victims of gotinc discrimina'
tion needs to. be conti:rued.

The Voting Rights Act of 1965 has
'been hailed as one of the most success-
ful civil rights legislation passed by
Congiress. The purpose of this law is to
assure the right of minority citizens to
regi:ster and to vote. Provisions of the
act protect these voting rights as well
as offer protection to minorities ln ju'
risdictions where discrimlnation has
be blatant.

As a result of the Votlng Rights Act'
millions of black and Ilispanic Ameri'
can citizens have been given ihe right
to vote. Statistics from the 1980 Fresi-
dential election illustrate the success
of' this act. For example, the rate of
black voter registration in- Southern
States included in the act was estimat'ic



--r L.

-/:g-tooo
8ltrffifu::,torrars-LrLrriesandsar mf, i:ffio", m" XH iHm?L"iflS?;f*ffi..S' Ar*ono Eckart J9.6(IN) ;*"&; -trom .Colorado (MrS ScBorDEa) to

- Letter t t support ot aU the provlsions ol riil" i6; - Roc euter into a'colloquy witJr me concern'

rs"1#r,r"ffii1,14-H":J"d;&;; ffi'* g"ff*. m" ffis:ffi#H;5::fl,F3ffHAlop,ko &t€I Lalhlce

Resolutloo uv urJilte r.€8rs-l8tur€ t **[ff' *tr RosteD'kowEtst matertats as well as assistance' Mv

-#;*mm:,*"*T:Tf;;;; [,",o.*, *i"Tu ilP - si1ffifr$fitr"?5*t',*ilacgurs'cv
tti-i"-"ffiai-t o-rfered by the geu6e- I'"Lu IfIt"'. esvsee r thirk it is the wlll of the maloritv

d"fiffiJyi,H"*ffi,,; ffis Hffi $ffiii= ii,!H,i*rs:L*,i:'l3tr:l';fff,'i:
Chairman announced that the uoes rrtrrrr.r, r.oai tlor tffi;il u-als wbo are unable to converse in
i'i-i"ar"a to tra,ili:=- 

*" 
fr,tr- ffirwe' SLT,&__^- Hr\t"r",i"""#r,ht3"of;i*;ffiu" [H,

Mr. ro*nffiffi1[T"n,,,-'*, *#::, m" mry* ***';t"ltylt*H'Ji"JJ"lii:
demand a reeorded vote. - i;t ar!,rt i.errs i|ry ii[eracv rate of that heritage natlon-

A recorded vote wes ordered. Forsvthe Marrtott :t?:l Aa;;-
-The vote was taken bv^tl-"_"J*tt:*: HHil" S:fill Sieuon Ctearty what we are most lnterested

device, and thele were-ayes 1z+' noes i'.fi- aaavro,rea . q-i!! ll4_l in ," tni ablllty of the people crithin

{5'not*'t1i1ff.rouows: ffi ffih Hi[lI* [h:r.**"t to 
1aa .thi" 

Eosr,"-h

/ \ AyEg-r2{ d;va* ulgpa; {Fvder I mentlon this subject because my
Appleast oress Moorr ocJdcDsotr lfcEusb S'#ro,",o hope is wlth the new Census data that-CiJn"i crrsrrg-_ Sili,"* S;ffit Urg*"t il.]iofr- qaf prootai us a breakdown not-onlv
Bsdh8D GurdersoD l{-"11 _ ;i-; ur"xu 5.;i of heritages wtthtn a particular dis-

!f;otf,*, EH11H"-0, il,'.iT" 6t"" Mruer(co :f*gt trlct ana 6ounty, bgt ma-y also sive us
B€lenson s-""ii"riil--' il'iiii: Gucknss Mlneta :::iil" a breakdown 6t tne. educatlon level
a.oeact s**Ilt{r Hp Slfiig' ill*itr,*r Eii,?;f," aua uteracv level to those areas so
Bev[l E€ndor *P b""" lrosktoy sr'tft that we may devise a more accurate

affi;:' H$; ffu.,*, E#" Uffi" ffi ffi*e'B:-,"F*""f*:$$"8E[cener 4!g]ter YPlf :Hl Eii" uuritra - Traxter are needed.
8x*t i:tff"" ffi8m;-' p,",,d Nap'rer Yss .-rvry none is try!. those sponsors of .

&ffi l5ffi*", Hi$; Et,i5t Ui!T: iiffi", the bur iu rc wiltns to work with us

chappre rra,oei Roulsclot E"rr, sfr- Nculca,n w;Js"; ln h$ns to improve that test as the

$:# ffi W"" ffii: x-.li" $m*' Hlg#I'jd;F chairman'

coi"-rn r,"e '--. lltelbv Ef":lt 3ffir* weber(MN) iltr. BROWN of,Colorado. f yield tocoulD!(Tx) Leut ghuEway 
:

S*T; *tr Hffi"i* , Ertr 3fils"' m+i'""'' 'nfrff:J3ffiffi"'ffiTr",oiiliXonu r",.-
Da.Dlel, Dtn rawery (CA) sEith (NE) Eelne! PetEsn

Dsniel, L. w. Lunsrelr srnlth (OR) geftei Prttcrson whltlev tleman ffOm Colorado vefy much fof
Daub urarc"o solornon Eert€I , Fbsse sfut*,*, 4tg -very constructive . comments. I

#"fu"T ililige., Sffi; El',illil": 'dltrl *it#-'*" ttrinr nii inteutions are to improve the

Doman Marrin(Nc) st4ioD aoui"a€ck ptckle wirth operations of therblll. I tht* the gen'

E#il,** ffiY' htt fu *6; $ilk, [trffir#ffi[:E;#ffi&nerson McDonatd WaEpler Eoyer Puneu
Erdahr McEwen whuehurst sui,risuv eurllen Iil"" mrybe the census will come up with

XHh, *l'#:- ffi:.Y' gffil* *fri$*' i:ffilm '"fri*"'*":u?l?.r gooa i"",e ror the
rhzto alur"iionl *ou ' Evde Rsncel

1lrel& lrtche, (1gi) wyge rrii""a naicurora zauGu other body r think to look at. wtren
ttndley Molinsrt 1'ounscFL) Jecobs R€uss Taterettl on this side it was not brought up
F";;;i Mollohan NOT VOTING-2{ untll the gentleman from Colorado' Ginsxich Montsomerv 

A8hbroots. 
' ;; psul brou,ght up the.disc_re-pancy. we lp-

NoES-28s Belrd !)oucberry i{yi"r preeiate this. This s/iU be a part of the
Adda6bo Eoland .cou.n,ln sonker Ftedier sa;tht REcoRD and we hope that the u.s-
Akaka Boulns courter- Bmcttr (oB) oooduns ifl#::t Senate will take this up when lt con.

- ffi3'.* *ffi: E:niime Effi.fi*' foo'H'"' illiilir"gt siders this issue'

Ande*on Bouquald crockett crane,ptriup Lhmsn wixnsn - Mr. BRowN of colorado. r 'tha.Dk
Andrews Bowen \ D'AmouB paruimevei PoshAvso Wlluus (OE) the gentle*Omall
aoornao ereeui Danlclson B 2120 Mr. GARCIA- Mr. Chairman, will

f.i['11 Effi:I" fifrl" Ivrr. EvA].IS or Deraware chaneed his '\?i:3'i"ffir':?torooao. r yierd roati.t*on Brooks de l8 Garzs vote from "no" to "tye.l'- .n'I""LirT""-Xi'fli.i'iili ?"".X"Aucoln Broomlleld Decksrd
Bailey (pA) Brown (cA) Deums 

' 
So th-e adnamenf was reiected' th-e-gentleman from New Yc

Bamard Bu'ron" phulip DeN.rdis ih;--;esun ot tn" aiii'ili' an: . - 
Mr' GARCIA' As the chalrman of

Barn6 Bvron Derrick 
"or"i"d 

rt i6or" ti"otaiO" the Subcommittee on the Census arrd
Bedeu canrpbeu Drcks ---- Population, I would just like to say to
g;;r*i" Ctrtsirotm Dlxon tr 2130 the gentleman flrst I appreciate that
B:Hr"r';', 3f;rir", ffH#' Mr. BRoWN of Colorado. Mr. chair- we bid an opportuniW to chat prior to
Bethune costs Dowdv mrn, i^ore to strike the last word. the gentleman taking the floor' We
Brasgi cournsul,) Domlv -Gr. SROWN of Colorado asked and will make every effort from the sub'

BiffH;1. 3:l[* ffif[l was siven permission to revi,se and committee point of view to make sure
Bosss corcorao rlwyer extend hls rimarks.) the gentlenan gets the hformation

a1

l'/

October 5, 1981CONGRESSIONAL RECORD - HOUSE

4--)



4#i)
3!*+---*r-'- L

;i*"ii!"?55l;",:"'ffiJ18'i!1# '"ft8; mav r a,"o sav that r FL",e ;iii{r*hS':3T":"!:Hl"J"fi:?i,';;

"0

Octdber 5, 1981 CONGRESSIONAL RECORD - HOUSE H 7001

and that we can share that lniorma' vqte- that is aqy good if it ls not secreL The amendment I'as agre ed ro"/-
tion toaether. The r,it"Iiii,g t"i*. *u xno* wnaitne bosses can do when A!f,ENDrEtrT o'rEREI, ri n. Bltccl \

row Dorning we wlll pi"dmit ou to utev--riave the rigtrt to g_o lroto tJte Mr. BIAGGI. Mr. chairman, r offer

i[E iliriir-oi tne-C.-"il toiee U ue tooin wrtn the vot€r' and I hope very an amendmenL

can sttsfy tne genuemii"t;""d". . much that this amendment will be ac' The clerk read as follows:

Mr. BROWN of Coiilrto.- adhs"L cepted. I do uot want to put Ey col' Amendment offered by Mr. lheccr: Pase

*li";#im*Lr"mnr. "' 'ffi?9JHffi!fl",il""E'wi,, trre 1,,:1,':1'::.:'::::::::::TT:,",:"'*','iii.t-,ffiii- U. Ci"iil"i r "r"u" sentlewoman yield? sEc. s. (al chapter 2 of tltle rr of the RF

io strike *re last word---*- - Urrs-.'fslNt[cf t yieta to the gen' uJa sut ie" is amended bv tnsertina alter

:#"f.I#k:"yf:r,fu*ils :",8iffi.tTf,f,r,l,",?,ila,,"- %'::??-'""i-ff",i}.,"J:ntft n,*x
al achievemenus of tnefi"ligi'iii"ti"t N-ew Jirsev' We flnd the amendment sundav ner

Nottrtrg is morevital in a democracy .", ur-irilii ;;;.-wa trrrrrr'i'i'Jl"-ti v"of9"!^it'.""tendar vears ts82' 1e84" 1e86'

than tJre rrehr ro uot";?r[niii't-ii, oE t1" n'il'irrJiv-r"i i-.,rit;t trid-"i'tril +oJ-n!t,-" established as the d'v ror the

Er(rcracy is meanlnsre*. 
-"'^--- ' - voti,rii-niisits ect ana #Tr:""#; ;::":i";ll"tf;L'#ti"::f iXil-L&l*H;*i;'d";';h" m*" *gTilii!",it ''ffirEffi*J!4.3" '1"p 

cgrg: 3li""i',".1'ji ili}:'f#ffI iiffi"'u^fiihe comnitment it rr
great qivil- agnts stllig'g1i;";f i'rie- "ia 

ti,ti. r:iwenoit, r rnow he has aD --irl rn" chapter analvsie lor chapter 2 of

tg60,s. \ u"nr6t"'n rtri"iof'victories ln not ac. auJ rr or the Revised statutes ls qmended

Today the rrouse of Representaiives "q;q;;'ffi 
aienaments, Do Eatter bv -ins€rtins afrer the item relarinsi to sec'

is doin* what ts ,ignt fil"o',iii[titr-i y!_e-tner written on parcheent or ttoir 25 the followin*

tt ts euarant€eing a citizln;s most Uasic g*n"i,"ot iiJin* -io"A Uailii-tait' sEc'.6-. (a) Title 3' United States Code' ls

riehr, ,ee righr to uot"r*- rereai i piiid *it6 tn" g"rirIilil-io rp:rg:d bv inserri!8 arter secrion 1 rhe tol'

",#:"?:"*': ".,,,X 
f*!,hLTffiJ llit'"4:m:'i{:*#,#il fiI#r;;1.:l'""o'ror 1s82' rsa{ rga6'

tJre sane Justice 
""ra 

iiilto- tuit nt" t'he sentleman wqs 'not sl

been shown here today. -^TGiiir-* t" reiect whai rs,nques- "rrxr o, ArporrrrNc Er.Eqrro*s roR re8' A*D

wittr the broad support 9f bhe 1'ttfriii" ilnnd;ime;t to tlris dreat 
"src. la. t"l xoto'i'ttrrli"ooing secilon t, e('

Arnerican peopre''o8"':ff*TL L: "t'''o*-*'s't: c4{ffi 
B}I*-$-$;rr"',:L 

H*-:,i#ti'#
approve tonight will I

entiretv; the Justicl "rlfr*;i"dfi chairman' r retuctantlv rist

shown here todav *iri uiiintiGa - tion to the anetrdnent' It I
the law of our land. to do with my reeBrd and a

aulyDrrlrr ot"rnE) aY xilt. tEr,rrra for*t'lre splendid work that

rrG- FElIw,"* ,J"IlffiL , ;;ruf -'XX[ i:tri' fffi;l,i +?i"lg, i':fi"H g*ffi]&flteXtr
offer au amendmenL ili?^H;.J;^[- t "- 

1988. shall be opened 111 earch State st the- ffi" ch'k * *'"i]*h.HHH 
l#m"r:ffifrrmr* ffi",'#iqffiffi*ffii*Anendment offered l

PagP I, tfter line I' Ins€r
sectlon:*ffi. 

*. rule rr of the.votinsiRtshts Act or allow pet=ons sssistins trfi"ffi# :Jl* g*#;'?i"rx$rtl:P"1"*'ilit;1ffi[
1965 ls a^mend"a uv "aail?;iffi;-;"d 

;h" ent€r tJoe voting boot4 
-

following sec,on: IIow assistance is provided l" d_"!!I- praceierore 9 post Eeridlem (ea^stern stand'

"votrrc NlsrstrllcE tj";d bt6tat,e taws.-agg ls not proper' ira ttmel for the Durpoce of vottnc shall

'.ssc.2oB. Norhlng JF,"-*f-m'"tr -.?Xffe?ffiH3ffi*r!qq,,,P X1".,.#ffigoi*1 *:"rt'.o':ime to

construed in such r way
asstsrarrce to be siven within the votins *-iilit"" *ni"tt-tt"ata off irio o'iu -'Lb):l" chapter snalvsls for chspter I ol

f?**#,,trS.".**, 
*T,]iit"Tdffii ffi,fffiS_BTi#,tr#jmi*, g*6i'Sg;:"it31ti,li,ifili"*XLi

--enA -reOe"i,grate 
succeeding sectioEs ac' addresses.

co*ruty. M;5ENWIS11 Mr. Chalrman, will "la- Tinelot.appointlng electors lor 1984

Mrs. FB\IWICI( (during the r€ad' ttre genueman yield?
ins). Mr. clrairman, i asi-unanimous -Mi. ifiwARisoi c"riro-'"i* ] 1919 .":"'rLI*"S'"i?3f "385fiH"11' lltii
coiisent thaU'the anendmeni be con- to the gentleworoao-from-New J^ers€y. ;';;il;;-th"-il""id""[-""a to the Con-
saereo as read and printed in the Mrs. FIENW'ICII I would say. b Tg iES?-"lp*i-rii"iarne the amendments
F}rcoRD.gerrtlemanifwehadto.depend'.andIii.aiuyttrisact,tncludlng_--lne 

iSA111MAN. pro tempore. Is am sure my honoldd colleague.kDo-ws (1) an aralysis of any-efrects which the
tfr"." oU:""tion to th-e request of the iJ we had to depend on StaLes tor amendments made bv this Act mav have

;;ii";;;; trom Niw.leiseyl Jr".y fio.l o-f iustlqg w.e would not upon .the perc€ntases or pattems or voter

Theresasnoob1ectiorL h.*itfr"-U"EoiJ*ii"e that we want pirticipation in electlons to choose sena'

Mrs. trENWfCx. ii-v-"olleagues, f tini" country. There aretimeJ*t"n iors, Me'r.'uers of the llouse of rl'epresenta"

,rhink we au were g1o-u?d ritrii *oios th;'Fd;;fEovernment ;;; ;i;t- H::i.:'"i[;rectors 
or Presrdent end vrce

this Eall today to keep for au our Now may r also say. Elrar r .Tl::: or other actiori as the Federal Electlon
i6opt" tte right to vote. But we have the Justice Department b.t!,"1d^!h3l co--ir"io"consiaerssppropriate.-not'quite finiahed it because the secret the Ststes cannot allow people to go 

Mf. BIAGGI (durinc the reading).
64t* 

ig;'.;'IilT?J""Io*enr wourd f"?,lL",lTTr"rl3'"tl;f,Tji XL"#l '"' yiiql:,,'T'* r ,"i unanimous con'

seek to keep the bosses out of the I ad-ooi-oririt to-caff fot'i'irfL "g 
sent that lhe amendment be consid'

bauot booth. The voter shourd not be this time, Mr' chairman' u"i J""'I#J led as read and printed in the

accompanied untess-uuniot pt"vii""riv ffip-tiig -u to it "fftlfl""ot*MAN. rs there obiection

ItltXlr*:"*n:f"f;".t"".:t*""T tr 2140 to the '"qui.t 
of the gentreman from

can be given in the hau. But in the . The CIIAIF.MAN. The question is on New York?

As one of the sreab teachers has told *"*"ii-i-to--llu* iettei tfVfrs. frr.' Mr' EDWARDS of CaliJornia' Mr'

me, Victor Gottbaum, inele G not anv wrc11)' Chairman' I reserve a point of order',.,{



-r.; I
I

H 7002 CONGRESSIONAL RECORD - HOUSE October 5, 1981
Tlre CEAIRMAN. The gentleman,/pertod, tn 1988, the Federal Election on Western vottrg patterns, studies

from CaUfornla resenres a point of \Commlsslon would report their Iind- that have been conducted todicate theorder. /lngs alra recommend a permaneDl sysning western vote ln 1980 and
Mr. BIAGGI. Mr. Chalrman, I do( course of actlon to the President and 19?2-when Nixon was declared the

not lntend to constrme the 5 miroutes.\Congress. early winner-was. affected by the _-
Very frankly, I do not expeet there \ Wby Sunday? Stace'the overwhelm- early projections. ,/->

will be a vote on the alrenrtmel!. My trg maJortty ol Aurerlcans do not work Interesttngly, I post-1990 elecuon ' 
.ipgrpose ls to bave a colloquy with my on Sunday, they would have more poll of 1,06i Cauornjans sfrowea [tre

golleague, the geutleman from Wash- hours avallable to so to the polls, and ;t to fo-fo percent--of those whotnston (IvIr. swrE), but what ttre less'tottrs obstacles." sald they were regtstered but dtd not
amendEent clearly does Is help the Iu Westera European democracles vote speciftcally bl-ame their failure to
Votlng Rtghts Act. It belps lncrease where nattonal electlons are held gn vote bn the larly network proJec.
the nmount of partictpatlon on the Sundays, voter turnout ls dramatlcatly tioDs."part of the electorate. Il9e are talk ng higher than our own. In electio!! held Thls same poll also revealed theabout at ttre sa,me tlme votlng on lrr those countrles between 1975 and snme-ilme/Sunday vottng was favoredSqp4ay. 1981, 90 percent of ttre Swedes, 89.3 by an overwhelmiirg margjn of 60 to 36It ls a tneasure that has been Siven percent of the Austrl4ns, 89 percent_of, plrcent, -w.ith 

?.1 ierceit fivorins a
conslderable publicity. The Senate has the West Ger6ans, 88 percent_of tJr-e irotriUi[ton on iaif,- ei;Ct-i;n-;Eh;had hearlngs aJxd- the record of the ltaltans; aDd qq percent of the French irojectro* by the miah-
electorate ln our country hec !s6a s:(- voted- These ftgures are ln sharp con- --ilr.--Ch"Ir-an, 

our cu:rent elec'ontre4elv dlsmal. trast to our own unacceptable turnout prii6ess-G-raui:rii * *G"rr5ii.-iiue toSlnce 1960 there has been a steady rate of 53_.95 percent tn 1980. an lncreasing lick of votei iaiticipa-decltre to the potnt where we have Not to lgnorg the malor fogw gf.gur U6", iiri au-ocratic soclety is erowtngsome 53.9 percent of the elee-torate dlscusslons today, I qp convtnced that ir""fe-iwiile well-organlzed ex-termlstnartlctpatlng ln the Presidenttal elec- Sunday elecilons wfll beneft-t the EI- ioA ._-fj"ii-if hterest -cro"p" iri -go*-
tlons, 34 percent ln qn1Prg-sldential nority populailon more than any f"ifiio:*u" and influence. We.mustyears. Contrasted to that, ln the.\[est" other.ira European countrres they 

'ranse - eiecent census sunyey shows rhst 6l lffi?u'Tfl?1"#Sdlt"r"r*"dffffH,::
[",i,rt":'::"-,'o '-*""::.0'.]::T-:l 1",ffi,"9"11i"f, YfJ3"":il511"1"!e'Sll; fJllJ1:f,;,::lttti,ffitt$ffiffJMr. Chalman, my sane'tlne,/. 51 percent oI the blacks an-d 30-per- ffiffi:n'i" an idea whose 6me hasSunday electlon amen.rment seeks to cent of the lllspanlcs. Constder. 1f you ;;;- '"

iXtlt$fff"'l& "?[ff?ff0,?'"^:*: ;iu;1!!{i,3i,lffiSiftt!}:Usg ,"H;f,ffi,:vrr. 
chairman. wi,, rhe

si'"1'fl':?3s"Tilii#:^ffJg&1'.d i"HT,il"?'#"#"""JH.}i:Bf;It ;H{:#s,31;;f"f to the gdntre'

;lh::T"t*"J#l;:3,":XT'#":ffi3J! ilirh? 3,?T:r-iit;"T"#,i',r":? ;M;-;"lti'r. itrdi,k rhe senueman
m&xtmumvoterpartlcipation- i"e-pi*rriri-a;t th;-Ir*;;i.Ipiiig '"i'"1:',ffi"rine to reu rhe senuemanLet me revlew Just some of tbe convlnced that changlng elec-tlon-d-a{ tt'r,fiffi*Eouse Administration co'-alarmlng facts: to Sunday-g nonworkday-would ;ffi#;'weu &ware of the gen,e. \Voter turxrout tn the United States belp to remLdy thls problem.
has decrlned tn every preitaenuarired -"d[ri" havfi,rft;d trriaf u,y_ou1g_u9 *ffi":Xfjr""?rfl?J:n:T*";ffi.ri:H: -' .,,tlon slnce 1960; 1980 voter turnout was easier to slmpli make electr^n dav o ----- ---
the lowest tor a Presidentlal electlog rralonat holtday and leave 11.Tlr lil'"": voter turnout' we have held three r

Hl"l,3,'ffi"r,i"ffi$"i'di'"1,"n"r*x Si"F:::Yi{:*H$ii:i'*jii*l;i,: },31T.Tr"1?,.'ff jf?fi:'&tTli ?H:
had voter turnout rates under E0 per. ilJril e*-p"torve pr6pbsitir"r.[iil: lffffi"rf"r"i?".:ffi.* 33it3" ?fjlfacent ln 1980: 1980'voter turnout de' sresstonal Researih Service *ySIg91- of thls month on this very problem.cllned from 19?6 in every Pacific tlme ducted h 19?g esunates th'a
zone state, wher-e polls were sull open eral Government alone ro.".ts:rX?fffi- ^.,rt: "llirman 

of the full commlttee,
when a Ronald-Reagan vtctory was u;; ;" a nauonar n;uaar, i,r.{-,,."8ii-: H";[!*i:Tf rllS?,r"*T1"ffi. lffi;proJected bv the medla; and in non- and local governments tosiis$ots_T!: ffi[i."}ii;r that hearlng to take testt-htsidenttal electlon years, the nation- Uon. Strci far more Ameril-- - __ ._ 'al flgures are far worse., i'ittr onty Al oi Saturaa, than Sunday th::---:-^l: monv from the gentlemaD and other'
percCnt or au eugiute vofers parricipat- ii 5it*ari erecuons rt* ,!]i!F_{! H""fi0r"",=r#irffi:Jil;JrffiT".S,tilng tu 19?8. the problem ol worker incoiri a,menament would. help to re- ii-eiection aay. 

nveruence be.paying attention to actin? on'some-
versL these extremely aingerous "^ffiLt clo relisious leaders think llllf-jll! ls soins to relate to the
trends by eltmi:rating two known or amui Sunaay elections? Tti; pa;fr genueman's problem.'
Derceived vottng barrlers-votet i.ncon- a""i'ot ttre ti.S. Catholtc Co"l"ieriJJ. Mr. BIAGGI. I thank the sentte-
venlence, a,rtd early electlon night the Most Flevere1d .lonn n. Ouinn: .+31. _
medla projeetlons. wrote: Y Mr. C'hairman, I ask unanimous con.

Specifically, the em(
requrre rhar a, F"d"#H;3j.r*3rt"1 ,"'.jg;jd:i,iy.fxlt',r',?J*r".:"H,t F+il"J+ffii&F:trii.XHilj;.r,",,
tlons to be held On Sunday, and all mtght rather emptrastze tfre mo-rat aspects to the request of the gentleman from
polls across the country open and of vot'er responsibuity for all cluzeni . . . New York?
close durtrg the same 9-hour period of votlng on Sunday, then, could be qulte con- There was no obJection.
12 to 9. p.D-, eastern standard tirne, ln slstent qrith Calhollc social minlstry. The CIIAIRMAN. The Clerk will I
Presidentlal election years. - An offictal from the Epl,scopal complete the readi:rg of the bilt.

I*t me emphasize that the changes I Church Center, the Reverend Charles The Clerk read as foUows:propose &re of an experlmental A. Cesarettl, commented: SEc. {. Except as otherwtse provided in
nature. They would only apply lor a 6- Ihe possibluty ol havlng Sunday as a,n thts Act, the amendments made'by ttris Actyear trlal period beginning tr 1982, election day ralses no problems from a rell- shall take effect on the date of the enact-
during whlch tlme the Federal Elec. glous standpolnt. ment of this Act.
tlon Commission would monitor the While very little hard data is availa- Mr. os LUGO. Mr. Chairman, exten-
tmpac! of- the changes oE voter turn- ble showi:rg just how much of an sion of the Voting ntgtr[JicI G a it.i, -)
out. At the end of the experimental tmpact election night projecttons have this Congress must tiXe if it hopeii-o -)



!l
I

:l

6

&totur 5, 1981 €oNGRESSIONAL RECORD - gbusr II7003

fu,tu lts role as a body devoted to orir freedom require-s unusual efforts to is precisely why the administratlve

document tn tts entrre6-*il" vol-itri - A p"tJGi""f iltte;. of -abuse' with hadtobeadopted'

$#,H:k*#,!,*"ri#;Effsm:v*:r+t*3ltxr;""T,trEsH^"'ff Hfo'";u""il""H
tslatlon to secure a rroaiiin-tir ri"ofr- o"-a?i] ffie-eiriGnieoea. pollcies ol ation, adopuon of aLlarse elections'

slon ot our cons6tution ana the es- 1"*"i:i"il'i---ust-noi ue Jiopardized tnconvenient polllng places or registra'

sence ol our syste, ii fr""ri"i""t ptrese .";Glrer recent gatns must uon hours' frequent re-reglstration re'

The rtght to vot€- ttare iimi-ti'b;;"il r"oq"d ilr hgqlF quirements, and a host of other tech:

rn 8n age ln wblch we have moved a"a dfr'& as;;il ; Iawbook's Addi- tiiso"" have been utilized to diseofran'

from tbe buggy to tn"iir!i"'tr"-tro-- uonar tr-e;ust-be cIy-en a: assurarlce cnise minortttes, and could be agaln'

t,,e Kttt hou* a 
"r#!f,;:tl& 

riG to-tn.Je wno trave Juffered orsanized The zuccess of the law should not

noi surprisrns that ;J-";;;T ;tg itd;iintnauon for so lons, a.nd for the lutt us trto thinklns it is no lonser

soctal mandate to surse forw;a to reF new pracuce" to becooe -inerained tn needed. For lnstance' one affected Ju-

olu,on within rs voii.-'d,li-hi;6; sociafacceptance- _. - . risdictlon ls currentlv trvlng to requtre

has shown tnat soci"1]io-#*..-f"--f"i 
- wtren tire Votlns Rlshts Act was a "re-identlflcatlon"-re-registration-

iT""---d&6,Jot". afpe'i-ioce has Pqssea tIr 1e65' 1? vears *i;lEgtffi 
*:'r::m":f*ror 

those who voted ln

shown tbat whge o* ili51ioiosy *: !o qgrcent ol all black peo

braces the future, o*!ili"i iEiurop- south were able to reriste..r-.!-_v.ot1t, one state reportedlv has a 39'per-

ment struggles fitfuly;lbe uacG irr compared with uearlv ?0 ry-lfll:r cent black populatlon and no black

$:r,x$i*;fmy",'l#*"*jt&rIH$;,hf:*T"JHff f ffi H:;iil?E?!ffi &"tlg:4"ffi {'ffi;ilt;; ;;;";;;; ;; lii'** one or *e u*ry1#"ffif; [i":,H]3#J:tH.water 
down mrnor-

rn support of E.11. sifi;ifi-v;rGi and_clearesr examples * lffg*l} 
--"'- -;;;"o#"""r*o

rrer6-_-iiti;",o. "iftffi;ffi ffi{x11$:fl.j6lg5g"T',;'d _:r^+,,!T"iT:!l*,iffiT.?-*u*-Votlng Rishts Act has
vebicle fs1 eystcomrng the-barrierg urroJr iiir""t, Lracl,;.c-is#Ho;;; wide'Allstatesandlocalsovernments

ffi"r-,.ii"il,b,4"*:tSE#tr;is#"#tffi?;:ljiiinil".#'q',F*SHF:*:T,"f 
TJtnorities from exercisi

mental rlght to vote' this couDtry nas u"::
uor chansed surodentifio-LffisG'6 . rniffin"tili'lnrg.ran{marr beisla- rishts, _or make rhem reglonar in

rery on the good *ufr"i:r;i"ar"tr* uon i:il6ria"ct€auv ttreii-sur?e im uiture. rt defends them asairxt viola'

iargeted ln the o* #iiliri'"i"""H P: f i--u* 
"r-mtnotiiv 

eltizins hol& torsof ihelaw'

slnce ttre rnstitu,on of sravery was 1g._"r""ti* oirrce- oni re6En-t report --The 
permanent provrsrons of the

ffi*.tea*-"n","**#gLt"*TH f;,--:"i*Aplr"l--If"tlt::H liii1!e},ilt-r#:i$-Sqf*illthe fatr. Just sYstem
consutuuou.we hgve 'nrde.strides, 

ooJ""Eo'ii*ioo .t" 
?pEoxi-atet'v if"?til?fl,fffi3ffi11i*f,r*r.:'*rTfi

Biltfffl1"T,ffirff: i}'#triffi ^:* ",n,"s,En or ltre act provide mear* to lndude it

, must not let up untii weare assured -Eey provisions.ol-the act expir-e llg-"I-.Pi:"l"arance and other speciar

that we hsve reschedl,i"'rili. ].. -: ne*t-'ltignst unless Congress extends provElons'

The bailout provisions L ffn. SffZ tftgit-Ttf"- fn"fuOe" t*tiii-5" ih" - 
Ihgte.witJrout a htstorlcal pattern

provrde for assuranc;*t# fr-"'lrii"- oittr;fo;d;a-sestioiiieqiir;i; 91I:l1ti"" stro,ld not tre i:rcluded

dtctlons seeklng excludon from the n*"6tffi" of new ifiUon -t-rfi bl qnder speclal enforcement procedures'

preclearance ,"qorriiliiG -;r ah; [u"i]-St"t&-;A-;;"ts ot'State.i.ov' As a practlcal matter' nationwide pre-

voting Rlshts e"t n.Giiilpuii *rtn etgg W t[e ra*' ctearance can onlv be vlewed as an a't-

tJre law. Any Jurtsdiction-wn-ictr-fsnot . Th;';;ir'l issues surro,nding ex' tempt.to defeat the effectiveness of

o;nw er dG''*"ffi-:3r*r;i* 
:m#.x'"1*;:-i-'i-'F mtH..[BI tr'*"#l1.}ltices wlll have Eo Prc

r*r'it,,ff" **'tii**',ptffi 
#ir*:r:^ffillffirym; 

**fgfl*Hffiii=,;"
trates the continued t

Votlng Rtghts Act f
. force.'tr'liier*oreulqet"?#Tmffi 

ffi i$r"kHfit'#;i#+*ii;xi#axt,H,fH:#:'#bo{Y to rlse to thelr t

3112, entertai:ring
other than the one ii"p*"a-tlini since most affected Jurisdictions are La cedures to be found in Federal or

iiiiiirov-cornmlttee--tri-craruv ttre ttre south:
ba,out provision. ro ao-reii *iu u" a _ 

wilirilii specrar o,ocTT,j3.rHE !,te"i"lfrh?#L"1,ry]t{i'i:r:JilE""i:
sil;i"1*;to p"rro].]o. oi""fr-igni.t lith the rights of lansuase minorrpres Jecttolable-about 800 or 35,000-bv
function, sustaining iiiipioii"l6ii- oi should be repealed. tne Justlce Department. Elowever,

our Constltution. PRECLEAnTNCE those cases tndicate potentiauy great'

;-ird. 
-io-its-ili" Mr. Chairman,- the U the act i:s not extended. -Preclear' er problems iI the act is not extended.

i"ir"! niiiiL e"i oi fso6 i" o"e of the ance of eleciion laws would be eliml- li ls atso reasonable to speculate'
most exiraordrnarlv'e-f-f!&i6;ti;N n€ted. Thls would cause a re-turn to that the act has had a strong deter-
ever taken uy congresiTi;;Gi i"di. the pre-1965 situa[ion where.9T".ioti' rent effect.
vidual rlghts. nato-ry election practlces. could be eor- aDGro!.A! srAs

rrre act shbuld be extended and r *"t-ud;t$--b-t-;"tt""tioiiii"iti'iv- rr,uvotiogfiiJ'iillili * r,or.r, 
"r'

tr*tq$s!:aH^stronc 
support for *r:"H,",ix'"F,i",a",iet qia:YTl:i l:x'"rs:*tfr":ttq,r*"ll*"m";

F;**g1itig:tif,tn'3fr#IlJ !i*6"H;#,x:Tff;'"f,liili"ii"i^;i q*"rr".C-;;i-" i-""iii""-act ot re'

comply with the ".t 
i"a ,i,i"." minor- tn" 

--cot"titutlon. There are many Elonal olasi'

ity citizens tneir rignfi6."ot": f,1,"" 6, suUttJ 
- 
ways to clrcumvent votirxg LAITGLAGE MlNoRrllEs

rhe history of this iii,ii trijoJt ue ie: 
"igiiE 

dlirirrrt"".. erctr court ordei A separate special provlsion requires

nored- The lmportance of this basic can u" iet with a new variation. That bilingual election assistance ro areas



II 7004
where there ls a large-over 5 Per-
cent-language mtrorlty. Ttle blltn'
gual provlslons do not explre untll
1985. Ilowever, lt has been suggested
that they be repealed now, slnce the
blll before Coneress proposes lor unlfy
the various explratlon dates and
extend all temporary provi,sions untll
1992.

Btlingual electlon lnlormatlon ls a
sisniflcant encouragement for vottng
partlctpatton. to areas where large
numbers of cltlzens ere not fluent ln
ExSlIsh. In additioru lt would be
worthwhlle to comect a prevlous con-
gressional oversight and put all special
provisions on the same tinetable.

. Thls Republtc ,s only as strong as lt
ls free. Our Nation ls not really free
unless our cltlzens are able to exerclse
.their funda^mental rtghts as cltlzens.
T'lrere ls no more fundamental rlght
ttran the right to voteithe rtght to
select . those who made the laws aod
can change the laws.

It is essentlal to uphold the promlses
of the Declaratlon ol Independence,
and the guarantees of the Constltu'
tion.

The Votlug Rtghts Act ts not a hls'
torical artffact made lrrelevant by
modern practlces. It ls I ltvlng a.nd
useful assurance to mlnorltlep that
their rlghts will be protected ln fact-as
in law.- I strongly support and wlll vote for
extenslon of the Votlng Rights Act-
and I urge my colleagues to do the
srme.a
a Mr. IJOWRY ol Washlnston- Mr.

CONGRESSIONAL RECORD- HOUSE
and the unwllllngness of whites to
altow black Amerlcans to partlcipate
ln the polltlcal llle of the community
tn which they llved, led to the use of
economlc coerclon, beatlngs, lynch.
tags, and other klnd.s of totimtdatlon
esalnst blacks attemptlng to exercise
thetr newly won polltlcal power.

Later, these exclusionary practlces
were updated to lnclude the use of llt'
eracy't€sts, poll taxes, and stuffed
ballot boxes. Alt of these devices, and
otbers tntended to disenfranchise
blacks a.nd other mlnoritles, were
bairned by the Vottag Rishts Act of
1965.

Ttre Voti:rg Rlshts Act, which was
passed largely as a result of pressures
brought about by the civil riehts
movement that swept our Natlon tn
the mld-1950's and early 1960's, has
been wldely beralded as one of the
most effectlve pieces of leedslatlon
ever passed by the U.S. Coueress. Its
effect was Instanta,neous. Eight days
sfter passage of the act, Federal regJs'
trars, asslgned by the U.S. Clvll Sery-
tce Comnisslon" enroUed 381 blacks ln
Selma, Ala. Tlris was a gteater number
of blacks than had been registered ln
the prevlotts 65 years.

In addltlon, prlor to passage of. the
Votins Rtghts Act, only 29 percent of
blacks to the States covered by the
,ct: Alabrma, Geor8ila, Ioulstana, Mls'
slsslppt, North Caroltm" South Caroll'
na, and Vtrglnia,'were registered to
vote. Durtng the same period, ?3 per-
cent of the' whltes were regilstered'
Today, black voter registratlon i:r
many of the coveredStates has topped

Oitober 5, 1981

cases, they have merely taken on a
more subtle-snd sophlstlcated foru..
Racial gerrymandering, annexatlon"
at-large electlons, dual reglstratlon
and rereglstration requlrements, ln-
convenlent locatlon and hours for reg-
lstratlon, aod other methods that
dilute minority votins strength are
bei:rg widely used ln many of the more
tha^n 800 States or Jurisdtctlotxi cov-
eled by the act. In 1981, raclal and lan-
guage mlngrity citizens are stlll belng
denied the most cherlshed and fuuda-
mental rlghL offered by the United
States-the rlght to vote.

The blll that we are consldertrg
today; E.R. 3112, vrlll extend the 1965
Voting Rlghts Act, as amended tlr 19?0
and 19?5, tndeflnitely. The bearb of
the Votlng Rlghts Ast, the preclear.
ance sectlon, wlll remnln ln force and
covered Jurisdlctions wlll contlnue -to
submit all changes tn votlng practlces
and procedures to elther the U.S. dis-
trlct court tn the Dtstrict of Columbla
for Judlcial review or to the U.S.
Office ot the Attorney Geueral for ad-
Eirdstratlve revlew. In addltton a
strong, but fatr, ballout procedure has
been developed te aUow Stetes aJrd
other covered Jurisdlcttons wbo bave
complled with the act to be released
from the precleara,nce sectlon. T'lre
1975 bifingual amendment, requlring
voting assistance to language Elnor-
itles who experlence vottrg dlscrLmlna-
tlou because of lack of proflclency tr
the Ergllsh laneuage, ls conttoued
through 1992. Flrally, there ls a clarl-
flcatlon of the standard of prool re-
qldred i:o vottng discrlminatlon cases
tbat lall under sectlon 2 of tbe act.

I applaud Chalrma.n Ptlrm EloDrro,
Chairaau Don Eowenps, and thelr
htcNy competent aDd comhltted stafl
memberc, for their flne work oD tlre
extension of ihis landmark leerslatlon.
I also applaud the other dedlcated
members of the Judlciary Qsmmltfss;
the members of ihe Congressional
Black Caucus, and the members of
Eispanic Caucus, for thelr tlreless ef-
forts. I urge lny colleagues to pass thls
vital leedslation, without any crippllng
mendments. Tbe rlght to vote, the
risht which ls preservatlve ol alr
others, must be protected for all of
our Nation's citlzens.a
a Mr. EALL of Ohio. Mr. Chatrman, I
rise ln stronS support of II.R. 3112, s
bill whlch extends and amends the
Votteg ll,ights Act ol 1965.

The Voting Rishts Act ol 1965 ls the
most lmportant clvil rlghts leelslatlon
ever passed by Congress. It has dra-
mattcally altered the face of Amerlcan
poUiics by strlking down barrlers in-
tended to keep blacks and other ml-
norities from exerclsing their constitu-
tional rlght to vote.

In the flrst 7 years followlng the en-
actment of the act, over 1 mlllton
black AmericaE were added to the
voter regislration rolls. During the last
5 years, registration of Hispanics i:r-
creased 30 percent natlonally. Since
1965, the number of black elected offl-

,}i
,)

Chainna"n, I strgngly support the pas- 50 percent_of the eliglble voters.
sage of ff.n. affz, ihe votlng Rlghts The Votlltg Rlghts Act, a,nd the cll'
Act extenslon, as tt was reported by mate lt has fostere{ are responsible
the Judtciary Committee on July 31 by for the strlklng lncrease tn the number
an overwhelmlng blpartisan vote. I of black and . Illspanlc registered
also oppose any amendments that voters, 8nd elected offlctals in our
would lerve, whether tntenttonal, or Natlon over the past 1? years- The
otherwlse, to weaken thls Eonumen- galns that have been made l1r mlnority
talty lmportant biII. empowerment have been truly impres'

On August 6, 1965, when then Presl. sive.
dent Lyndon B. Johnson slened the Elowever, the tremendors proEress
Votins nignts Act lnto law ln the same that has been made must be weighed
room-whEre Abraham Ltrcoln had agalnst the glant task that Ues thead.
signed the Emanclpation Froclamatlon Blacks, Ilispanlcs, natlve Americans'
nearly 100 years earlier, he was affirm' andother Sroups of citizens that lace
tng o-ur Nation's commltment to pro-' the vtrulence of racial discrlmination
tecttng the riShts, privileges, and lm' are still registered ln substantially
munities conJerred on former slaves lower nurnbers than whites. And the
by. the 14th and 15th emendments to number of mlnority elected officials is
the Constiiution- far from representative of the number

These historic amend.ments were of raclal minorities ln the general pop'
adopted after slavery was abollshed to ulatlon.
clarify the'legal positlon of those for- The Ilouse Judiclary Committee's
merli enslaved. The amendments were report on II.R. 3112 shows that less
intended to grant citizenshlp and than 5 percent ol the elected officials
assure the risht to.vote. Of course, lt tr the covered States are black' al'
would take the passage of the 19th though 26 percent of the population ls
amendment to the Constltution for black. In additlon, most of the mfuror'
bleck women, and other female citl- tty elected offtcials hold local positions
zens, to secure thls precious right. ' br small towns. There is not one State

Unfortunately, except during the that bos.sts a minorlty governor, and
short-lived period of reconstruction, only a handful of mlnority group
when the Federal Government closely members hold statewide elective office
monitored and enforced the laws, en- ln our country.
franchisement for black Americans The Vottng Rights Act is still greatly
was effectively resisted in most South- needed.'The abuses that brought lt to
ern States. The persistence of racism life have not dlsappeared. In many

---}
I

)'



\-

CONGRESSIONAL RECORD _ HOUSE

The Clvil Rlghts Commlssion also
presented evtdence showlng that mt'.
uorittes faced uumerous barriers to
electtrg the candldates of their cholce
bcludlng gerryma.nderlng.

Thls riport and evldence plesented
tn hearlngs ol the Judtciarv Commit'
tg-e clearly shows that while we may
hive come a long way ln terms of ex'
pa,ndlng the right to vote to those pre'
vlously denled we stlll have a long way
togo. - -

E.R. 3112 ls the waY Congress
should go to contfulue to make the
progless which will make the right of
voting one that is shared by all Ameri'
cafft.

E.Il,. 3112 would extend all baslc fea'
tures of the Voting Rights Act for an
addltional l0-Year Perlod.

It will extend exlsting preclearance
provisions of the act for 2 Years
through August 5' 1984. This means

rfzoor
October 5, 1981

I

I

I

I

tbat covered States and politlcal sub'
d.ivisions submit to the Justice Depart'
ment proposed electoral changes for
Department approval unless said iuris'
dcllon could prove that their reglstra'
tlon, or votirng tests or devices, had uot
been used ln a discriminatory mannen

One of the Eore lmportaat Provl'
sions i:r ER. 3112 deals with new
"ballout" standards . whlch would
uEcome-erectGC *ter'Ausust 5' 198{
Under the bill, lndivldual poUtlcal Ju'
rtsdlctlons could "ball out"' of the pre'
cleara,nce requirements under the gct.
In order for a State. or polltlcal subdl'
vlslou to qualify for ballout' 8ll units
of governrnent wlthln tts terrltory are
required to meet the ballout criteria A
Jurisdtction must prove compllalce
witfr e nunber of condltlons belore
being allowed to bail ouL One ln par'
tlcular bears special dlscusslon T1re
bill states that I Jurlsdictton must
prove that it has used no test or devlce
whose purpose or effect denl-ed or
abridged I petson's right to vote on ac'
count of hls 12gg, color, or member'
shlp in a la,nguage mlnority. The crttl-
cal words here are "or effect." Tlris
wlll help address the more subtle but
still potent methods of discrlmlnatlon
prectlced by some polttical Jurtsdlc'
tlons in tbls Nation I will strongly
reslst any effort to nemove tttat tern
from this provlslon of the ast. The
other rrequtrements lor ballout con'
talned ln_this blll lncludlng e{rllna'
tlon of harassment and good'falth ef'
forts to expeDd the opportunltles for
mtnorlty cttlzens to reglster aJcd vote'
are all necessiary and should be sup'
ported without change.
. Briefly, two other provlslons ln tbe
leglslation whlch deserve special suP
port. Tbe flrst would pennit the Dls- .

trict of Columbia Dtstrict Court to
retain jurlsdlctton over e State or Ju-
risdlction even il lt qualifles for bal'
lout and is exempted from preclear'
ance requirements. This is simply
added protection ln the event that
new pstterns of discrimination are at'
ilmpied by the Jurisdictton- -l

'Fturally, the bill continues to prohib' Itt any votlnS qualiflcatton" prereoul' !
site standard practice or procedure I
whlch results ln dlscrimlnatlon. Con' I
duct whlch has the effect, Lmpact' or I
coruiequeuce of discrimination because I
of race, color, or membership to a lan' I
guage mlnority Sroup ls prohlbited I
and may Eake a Jurisdiction fall under !
the coverage of the act. -/'

A great deal of discussion can be ex'
pected about the provislon in the bill
which extends the dual language re-
qulrements for la.nguage minsflf,y
groups for an additional 10 years. At
the tlme this provlsion was added to
the act. namely with the 19?5 amend-
ments. it was shown that for the four
groups under the definitlon of lan-
guage Einority (Spanish heritage,
American Indlans, Asia,n Americans
and Alaskan Natlves) their participa-
tion rates were coDsiderably lower
than other language groups. Part of

ttme the act was enacted was under 30
percent. The same fteure todaY . is
iloser to 50 percent. more than twice
an many blacks hold elected positions
[r Southern Staies under the a.ct
todav than Just 6 years ago. For EIls'
oani&- another mlnortty group whlch-had 

been disenlranchtsed by discrtml-
natlon. ln the State of Texas-the
6ttni iteuts Act bas- helPed to ln'
crease reglstratlon by two'thlrds. AIso
ln Texas-, the number ol EisPanlc
elected offlclals has Jumped by 30 per'
cent between 19?8 and 1980. Some'
whgt closer to home for Ee, ln mY
home State of New York' registratlon
among rrlsPanlcs bas tncreased bY
some 20 Percent Just tro the Past 5
years oI -operatlon lor the Votlng
Rlghts Act.

iet, thls ts not to say that se have
eltmiriated the problem ol voter dls'
crlmtnatlon because we have not. Con"
sequently as long as one person^ ls
deiied the rtght to vote, there remains
a need for the Votlng Rlghts -Act.
Today, we contlnue to have Pmblems
botU ln reg:lstr&tton and tn votlng. Ttie
!.$. Qgmmisslon ou Ovll Rtghts' tn E
maJot' report on tbe Vottng Rtehts
Ac't, presented some ol tJre followlng
lindltags:

8lnt.' desptto congiderable progress' ml'
norltles conttnue to coBtitute a sEBll per'
centage of elected olflclal ln vtrtuslly all
Statea covered under tbe precleara.nce pro'
vlstous. Black! consutut€ no morc than 8
oercent of 8ll elected olftclsl tn Alabamf
beorsl8" Ioulslane, Mlsstsstppl" North and
south Caroun& Texag and vlrginiB- Secona, ln iue commtsslon'a study of
vottng pmblen! ln ?0 ,urtsdlctlons covered
by thi preclearcncl provlslons, some mlnor'
ttles tourd reglstratlon offlcialc discourte'
ous or openly hostlle 8nd loglnd6gtlng when
they ottempted to reglster. Requests (-gI 9!'
necissary pensonal hfomatlon by offlclal,s
&Iso wele found to tatlEidate mtnorltles . . .
the preseat atutudes otjealstrsrs deter Bl'
norltles from regl8terln8.

Thlrd' reglstratlon ta ttre Jurlsdlctlons
studles otten took place tn locatlons or 8t
times that wetE partlcularly lnconvenlent
tor mlnorltles.

Fourth, mlnoritlea contlnue to be hsr'
assed on lntimidated by electlou offlclsls
wh€n they attempted to vote.

ciats in the seven States orieJn&uy cov'
erid'under the act lncreased from 156
to 1.813.--f-ire -k,ey provlsion ConSress mttst
extend rlqubes local- governments
wltb a hlstory of dtscrinlnatlon to
submit sll Proposed electlon law
cUang"s to the U.S. Department of
Justiie to lnqure the cbanges sre aot
discrlmlnatorY.

Originally this provtsion applled to
slx S-tatej ln-the DeeP South, and
parts of'other Ststes. Loter revlslons
6t tUe act extended the requlrement
to cover all or Parts ol 24'States.

Desptte the tremendous 8Elrrs slnce
1965,1here ls still an urgeut need to
contlnue the Vottng Rlgbts Act. Tlrere
are still problems ln reglsterlnc a4q
voting. TLe U.S. Com.mlsslon on Ctvll
Rishts, whlcb was establlshed by Con'
grJss, nas found that harassment and
Intt-tdaflon of mlnortty voters coutln'
ue to abridce thetr rlght to vote.

g.n. affD will extend the ortglnal
preclearance provlslons of the act for 2
years, a,nd make some cha,Dges beyond
1984. /

Tbe rtght to vote must be upheld- It
ls the comerstone ol our democracy,
and all other rtgb6 sprtng lron lt. No
other law has so successfully enforced
that rtght, end no other law ts so nec'
essary to preserve lt now.

f uige my collesgues to vote for tho
Dassase of the Votlns Rlsbts Act ex'
iension wtthout any aneDdrnents to
reduce lts strength.a
a Mr. BIAGGI. Mr. Cbalrman' as a
cosponsor of the pendlng legtslattoqrl
rtse to urge tbe Eouse to Pass E.R.
3U2, tbe Votlrs Rtghts Act extensiorl
I flrmly belelve that tbe gemmlttss 19
ported btll sbould be enacted wlthout
major mod[lcatton. Anything less crlll
represent a retreat by this coneiress to
16 years of steadY, lI not dramatlc,
progress to expa,nd votlng rtghts op'
nortunltles for aU Amerlcans.- In the 16-year hlstory of the Voilng
Rlghts Act, Buch has been &ccoln'
plkhed. The act was Passed ln au
effort to rid thls Natlon of the scourge
sf fll5s1imh4tlon dlrected agalnst ml-
norities seeking to exerclse thelr itght
to vote. The act was alned 8t address-
trg dual problems-one ol ellmtnatlng
the devlces whlch permltted dlscrtml'
natlon such as llteracy tests' and
second to provlde swtlt admlnlstratlve
rellef to aggrleved lndlvtduals once dls'
crlmination was found. Prlor to the
enactment of this leelslatlon. the Judl'
ciry Commlttee had received testlrmo'
ny whlch talked about Utigatlon whlcb
w-ent on for 30 years to end the whlte
prlmary system whlch was used iu
texas to deny blacks partleipatiou ln
Democratic Party Prlmaries.

The act is a success story-but mauy
more chapters must be entered before
we can deem the story completely ftn'
ished. As we consider e l0-year exten'
sion of the act, let us review some of
what ha,s been accomplished to the
first 16 years. In .most of the States
now covered undei the Vothg Rights
Act. registration among blacks at the



' II 7006 CONGRESSIONAL RECORD J HOUSE October 5;.1981
guage. Eowever, it ls aPparent that
sdme Americans have not had the oP-
portunity to do so adequately because
lhey were denied equal educational
opportunities. There are mErny com'
plex lssues on our ballots today that
affect the welfare of an entire conrmu'
ntty. If prlntins a ballot.tn a'la"nguage
other than English will help a peEon
understand a complex subJect tlrat
will determine the future of a commu'
nity, I see no reasotl why thts should
ngt be permitted.

f-urge all my colleagues to srpport
the extension of the Votlng Riehts
Act. A vote in favor of this leglslation
is a vote for a strong and vibrarrt de'
mocracy i:r whlch all Americans have
an equal voice tn the future'a

thts wes attrlbuted to an lnabillty to commend the members of the Judlcl'
irnae*iana tne uasic requirements of ary committee for.the'effork they ex'

"ot[;.-both 
ta iems oi registratton pehded ln developiqg a bill whictvex'-

ioif ii,t"af vottng.-consequinttv, uuin- lmds the national commihnent to
- sual provisions were provided to these votlng righ.ts.. i"u" -sro-,rpa. Th; -c6mrniitee report It was not so urany years ago tha! 1

- states,l.Suiveys couauAea ia fSZO ana signiftcant number- of Amerlcaa citl'
ibgg-found.tfra;- proviahs Urungual zens were denled the rlght t9 vot-e-fp
iii[u"tlo" sid vittni m;t€riafs lna dtrect contraventlon of the 15th
oral assistance at ttrJ iogs encoqrages a,mendrnent. Cong.ess pg$ed the- 

-Civil
iiftrT'iiii"ip;tidn-an-onEmepUers ot Rtehts Acts of 196?, 1960, a;1d 1964 in
i;A;s";1ff;fty groupsl'; an- attempt. to protect tbe rieht of-En"-gffZ 

wouti li[dalne duallan- black americans to vote. T'lrese laws
Suafi-;i;ri.ions foi iO Gars for alrg : proved rrlfflcult and -tfme 

consumlng to
iurfaf.ilfon 111 wUtcn tai 5 percent oi euforce a.nd were often sircurnvented
l[-e-cftizens oi voting age ln a Jurlsdlc. by tJre States and l99al Jurisdlctions
aion-re memUers blt i specUied laJt- whlch were denylng b]8cks their vote.
guagJ-ino"iif group anO <Ul the illit- In order to rgmedy.tttis sltuation' Con'
Eircl- rate ot iuiu p-ersons as a sroup sresq- gg a__.lqiq."riqrp basis, enacted

- t" t isb"i-tUan ttre-naiionat iUiteracy [he Voting Rights Ag! ol 1965' which
rate.-Coverage oi thls provision ei- guala,nteed vottng -rtghts througb an
ieiai to poUUCaf s*iaivlsions tn SO dif- samtntsl,3s,tive rather t'ha,n Judlcial
ferent Stites processt. Tlme bas-showu us that this--slbi6i inpport the objecflve of tlrls 'ipproach has wo_rked.. wbile testlmo-
seiiion- of the Voting ntghts Act, I nv before tJre Judiciarv Committee
*-o-tita frope to establish as a matter of has proidded -Mgqlers of Congress
iiii"tati*i tristorv that ttrere mtght be wlth evidence that there are still areas
io-me fleribility dmployed iI ln lact we ln the United States where vottag dls'
arJto eit"nUines6 piovlslons for ari crininatlon exists,. lt is clea,r that
aaOtionat fO Vears. 

-The flexlbitity I blacks and other minorltles have made
iJe[ woufA m-to-lnsfe tbat iI otlrer tremendous strides itl registratton"
iangqaeC groups 6eie to experience votlng, and ln the nurober of elected
<iUticufiies-wutcu lmpdde theG ablllty offlcials. Eowever, the need for Feder'
to vote, tne protec[ions of tne act al vlgilance and an enforcement inech'
could b-e extended" At tbe time the aolsm coutinues'
a-oig"* enactea ttle"e piqvlsioDs ltlto The Esjor issue conerese must ad'
law G 19?8, evitlencJifioireO a much dress !r this leglslatfon is the questlon

itiin"" participation amopg la,ngu?ge ot preclearance and what the sta^nd-

C6ups 
'ana conseq-Ueutty tt was tett ards are lor exemptlon from these re'

there was no neiT to 
-inctuae tnem qulrements. T1re vottng rtghts exten'

under tnese proticitons I believe slon contstns a fatr metbod for polltl'
- n6ii6uttv ts n6cessarv to protect all cal subdivislons to ball out of the pre'
- 
i-tr5ii wdo pOentiaUy-mtgtrf,Ue Oentea clearance require?e-nts. The current
ini-rigrii ti vote-ueiJusi of langgage law will be extended for 2 vears' and
iurti"iiiGs. I hope progress cau cou- ln 1984 a pouttcal unlt such as county,
tirrua to be madd toi t}re four groups lndependent city, o-r partsh' as well as

irrJaai;*ver"a unolr tbe biu. - - 
E state will be able to seek removal

I-u*e tha 
-IIoG;1o 

Eive lts over- from coverage by the act. The criteria
whelming approval todafto E.R. 3112 for removal are strict, as they should
witnout imt-namCnts. lVe need to be be wbeu protectllg. a fundameutal
aUte to go to confereuce with the freedom. Those Jurlsdictlons which
Siuati witn as strong a bill as possible. have a history of complying crith the

, One might expect i coiriaerably dif- law will be allowed to bail out. ProJec'
t-erent ana p-ossibly weaker biu to tlons made by th9 Joi:rt Center for Fo'
iriige tiom itre other body. IlIe must littcal Study lndicate- that 210 of the
nigoiiite irom a positton df strength. 84? eounttes covered bv lhe -Vo!ing.
ff.n. Sifz ls ttre rigtrt bill at this time Rights Acb'should be eIgible for bal'
;a-G-the pioariciot extensive delib' lout when the new standards co t+o

"ration 
lV the Judiciary Cornmittee effect in 1984, with additiona,l Juriqdig'

.and its - 
esteemed chitrman, Mr. tlons exempting themselves each

- noor"o, The bill enjoys wide support successlve year. Finauy, not only -do I
across tnls Nation 

-fiom ']abor,- iivfl believe we need to retain strict bailout
. rights groups-and colleagues from crlteria but I also feel the District
' b&h-sitis -ot the aisle.IPresident Court for the District of Columbia

iynaon Johnson, under whose admin- should continue to be the court with
Girition the Voting Rights Act sole Jurisdiction to interpret and en'

. became law, once said, "Voting is the force this act. It'Will keep the protec'
ifit- auty 6f democrdcy." H.R. 3112 tton of votlng rishts out of local pres-

will insuie that more Americans be sures on the Judiclary
prrviata witn tne opportunity to exer- Another major-issue is the protec'
6ise that duty ani'ttrus niake this tion of the vottnir rishts of.bilingual

. Nation a stronger democracy.a Americans. In 1975' a provision wa's

a Mr:-GREEN. Mr. Chairriran, I rise added to the Voting Rights Act which
ir-supp-o* of ttre Votine Rights Act provided language_assistance to Ameri-
and itJ extension; The richt tb vote is cans who are not fluent i:r English' Let
a lurlaamentat tieeaom ind one that me be clear on thls issue. I am i:r favor
must be euaranteed to all Americans. of all Americans learning to read,
tne UUt before us does that, and I write, and understand the English lan-

a Mr. EOr.r.nlJBECK. Mr. Chaima,n'
I rtse ln support of II.R. 3112, the
voting rights extenslon of 1981 as re'
ported by tbe Judiciary Qemmittss.

Mr. Chairrnan" lortunateltr the
guestion appears not to be whether an
extension biU wiU pass the Eouse but
whether lt wlll survive ln its curent
form, or be weakened bY comPromlle
amendments. Despite . progress - ln
voting rlghts obsenration since tbe
1965 Voting Rlghts Act, the potential
for abuse stlll remalns" Eighteen days
of hearlngs with over 100 witnesses
have sbowrr conclusively that voting
rights vlolatlons continue to exist in
covered Jurisdictions and even the "gatrs made under the 1965 act are
fraedle. It ts for these reasons that
q.rneudments that wiU alter tJre bailout
condltlons establlshed by the bill, or
make it more difficult for plainttffs
and the Justlce Department to chal'
lenge voter dlscriryrlnqtion ln court
should be opposed.

The Constitution's 15th a,mendment
stipulates that the rleht of citizens to
vote shall not be denied or abrldged by
the Unlted States or by an State on ac'
count of race or color. However, as is
commonly known, Prior to the Voting
Rights Act of 1965, many States en'
gaced ln practlces that effectively
abridged mlnority cltizensf right to
vote. Poll taxes, racially based redis-
tricting, and literacy tests were among
the mechanisms used to Prevent mi'
nority voters' participatlon fun elec'
tions. I am concerned that the removal
of admintstrative review of elestion
changes will see some Jurisdictions re-
sorting to more. subtle means of diluh
lrg minority voting strength.

Lorir voter registration percentages
among minorlties as well as document-
ed cases of ongoing abuse make it the
responsibility of this body to protect
the most basic rieht of citizenship-
the right to vote. By extending the
voting rights statute as reported by
the Judiciary Committee and bY oP-
posing any weakening amendments, I
feel we will have met our responsibili-
ty..
o Mr. FASCErI.. Mr. Chairman, I rise
ir-rlrorrg-rrpport of rrn:gir'2, the -aVoting Rights Act Amendments of '-J 1; '1981. \1._',



October 5, 1981

There can be little doubt that one of
the most fundamental rigtrts of any
citlzen ls the risht to vote. Yet some of
our colleagues here today will arEue

,a^* that this right has been secured for all
,'A ' Americans. and that we no longer needl.Ll to enforce thls rtght through legisla''\-' t'Itffffi;ed 

to know rhar, rn some
areas of the country, thls 18 true- hoc-
ress Bost sgft6lnty -has been made.
But the Vottnc Rlghts Act has aot
acbieved all of its goals, and lt has not
ou0lved lts Purpose.

Eow can we hope to bear the volces
ol all Americans lf we hlnder thetr
right to vote? Eow can we hope to
sllmlqs,fs the lnequaUty and the ln'
equity which exists ln our society if we) do not help secure for all citizens thetr
most effective meatu for changing the
system-their right to elect their rep'
resentatlves tr government?

I truly hope that some day we, ln
Congress, will not need to speak tr
this Cha,mber to argue the merlts-of
thls act that future generatloru will
look back ln hlstorY and wonder why
legislation was ever uecessary to
Insure tJrat. all Anericans had the
rtght to vote. UntU that day arrlves,
however, there Eust be no retreat
from our goal.

I urge our collea8ues, on behalf of
all Americans, to supnort II.R. 3112.a
a Mrs. COr.r,rNS of llllnois. Mr.
Chairman, I rise tn support of E.R.
3112, extension of the 1965 Voting
Rlghts Act.

As all of my colleagues are awale,
the Votinc Rights Act of 1965 was a
sierdftcant departute from the efforts
of the prevlous 95 years to'enforce
votlng rights through a single branch
of Clovernment-the Judiciary. Clvil
Rlghts Acts tn 195?, 1960, and 1964
streamllned.ttre Judlctary, process; but
the littgative, case-by-ca-se approach
proved a dismal fallure.

The constitutlonality of the 1965 act
rsas upheld because of the record of
continuhg voting rights abuses and
the appUcation of the act to those
areas whele.such dlscrlmination exist-
ed. Results under the act have been
dramatic and observable by the in-
creased number of mtnoriiy registered
voters and elected offlceholders. Even
so, several facts attest io the need for
a 10-year extenslon of this act. They
are:

Ftrst, minority-elected officials are
'most frequently found in areas with

simiflcant mineflfy populatiorx;
Seeond, the number of rninlrities

- holding statewide offlce is negligible;
Third, the deeree of racially polar-

lzed voting is substantial and, there-
fore, minorities remain closed out of a
fully democratic political process; and

Fourth, mfurority participation, to
date, is in large part due to the 1965
Voting Rights Act.

The Voting Rights Act ls a law
whicb ls disliked by many jurisdic-
tioru, but it is protective of minority
voting rights

CONGRESSIONAL RECORD - HOUSE
It ,s I known fa,ct that, desplte tn'

creased politieal-participatlon by mi'
norities ln many jurisdictions covered
by the special'provlsions of the Voting.
Rlghts Act, minorities contlnue to face
a variety -of problems whiCh the act
was desi8ned to overcome.

According to the Q6rmmlssl911 s1 '

Civil' Rights' report of September
1981. there ts stlll whlte reslstance a,nd
hostllity by some State and local offl'
ctats to tlcreased mlnorities partlcipa'
tlon ln vtrtually every aspect of the
electoral process. The reslstance ol
many local Jurisdtcttoru to followtng-.
elther the letter or spirit of the pre'
clearance provlslons of the Vottlrg
Rights Act is also stlll the norm.

Minorities conttrue to be excluded
from full participation ln the polittcal
process in jurisdciiions Subject to pre'
clearance.
a,rrd

slons of the Yotlng Rtghts Act being
consldered for extension tn 1982
should be extended throu8ih 1992, an
addltional 10 years, and that those Ju-
risdtctlons covered by the 19?0 and
I9?5 abendmbnts to the act- be cov-
ered until 1992 as well

Extension of the speclal firovlslons
of the act would, of course, mean that
the Department of Justice could con-
tinue to examine and obsene com-
plaints concenring the tJrtegrity of reg-
lstration and. election actitritles. It
would mean fudher that covered Ju-
risdictioru would have to preclear
their redlstrlctlng and rea,pportion-
ment plans developed as a result of
the 1980 and 1990 c€nslrs; I believe
this ls necessrary because unfair redis-
tricting is one of the major mecha-
nlsms preventing full minority partici-
pation in the polltlcal process.

And the area ol concenl ls that m!-
nority language citixens, many of
whom are from familtes that have
lived in this Nation for generations,
continue to face bar.riers in regJstering
and i:r votlng because of their difficul-
ty with the English language. Iligh il-
literacy rates and the denial of equal
educational opportunlties have imped-
ed the progtress of language minorities
in achieving full access to political
process.

Although bilhgual oral asslstance i:r
registering and in voting was found by
Commission research to be the most
important type of bilingual election
service needed; minority organlzations
felt that such assistance was frequent-
ly not adequate. The lack of bilingual
voter educaiion services and publicity
concerning the availability of bili:rcual
election services were other areas

H 7007
found to'limit the polltlcai participa.
tion of lan8uage minority citizens.

Sectlon 2 of the Votlng Rlghts Act is
a nationwide provision. Lawsuits flled
under this section have tnvo-lved chal-
lenges by mtnorities to alleged dis-
crlminatory voting practices or proce-
dures to Jurlsdietlons not covered by
the spe-Etal provisions, but where the
challenried practice or procedure was
tnstituted prioito the effectlve date of
coverage under the act.

Sectton 2 prohlbits States or politi-
cal subdivisions from using votfurc
practices or procedures that deny or
abridge the right of any citizen to vote
on accouut of race or color or inclu-
sion ln a.minority language group. I
fully concur with the Comrrrission's
reeomnendation which would change
this' section to prohibit Jurisdictions
from malntaintng or establishing
votinS practices or procedures that

the effect of denying or abridg-
lng the right to vote on account of
racb or color or laclusions fur a minor-
Ity language-group.

Fleld research and objection letters
lssued by the Department of Justice
have shown that efforts to establish
votlng practlces or procedures having
a dlscrininatory effect on minoritles
conttrue. po1 s:(ample, a Jurisdictlon's
effori to annex a predoninantly white
residenttal area may have the effect of
decreasiag substantleUy
populetion in the anq€xing \risdic-
tion. Tbis decrease could dilute Ere po-
litical strength of the\mlnorlif com-
munlty, resultirxg ln thb-codmunit/s
tnabillty to elect candidates of lts
choice.

Slmilarly, a requirement that llliter-
ate persons can only receive voti:rg as-
sistance from election workers, lnstead
of from persoris of their choice, may
dlscourage those persons from voting
if there are no minority election work-
ers and 6hey feel intinidated by white
election workers.

The effects of certain practices and
procedures can be the result of past
and present tntentional discrimi:ration
against minorities or the result of a iu-
rlsdlction's i:rsensitivtty to minority in-
terests. Slnce some juri,sdictions do not
consider the effects of their voting
practices and procedures on their ml--
nority populations, lt is tmportant
that minorities themselves have some
effective mechanism for seeking re-
dress.

Another area of my special concern
is that still today some Jurisdicbions
subject to the Voting . Rights Act
found that certain voting practices
and procedures limited the ability of
persorui to exercise their rights to vote
effectively. Practices such as denying
a person the right to takg a self-
marked sample ballot into the poll,
not allowing an illiterate person to
secure asslstance in voting from an in-
dividual of his or her choice, and fail-
ing to make registration more'accessl-
ble to rural, low-income persons may
also be barriers toother voters regard-

1

-\
4

candidates persist, a,nd
still ls lnaccessible to

.D.

V,



II ?008 ' CONGRESSIONAL RECORD - HOUSE October 5, 1981

less of where they live. Therefore, I mittee report, between 19?5 and 1980, moment in our histo*' The Federal

submit to you, thar practices such as th;-b;;;6;;t;? ,Gtiee-issued z36 Government, throush chanses in phi'

those found in-cov#e-a'jiri|aicli""s ouj"ctiJn-rCtlgry t-o.proposed changes, losophv and budgetarv priorities. has

are pervasive nation-wiG "r"a ."gg"ii ""'iii*id 
ol a-s oui6cti6ns per year. found it increasinglv easy' to turn its

that perltap, *" nLia 1o oevetop . Aith;Gh,is6 obiection l-ettek mav back on safeeuardins the civil a.rid'

Federal election f"* t"iting Jeriain appeai iiiignittcarit compared to the human rights of its citizens': We must

minimum standards' il;si"Gti"c t6t'at numuex of submjssions made in ' not let this trend sway us on this lssue'

ffil;tirf .to"ra:u""i-;t1*;i6a: an;;ana time period, the potential Protection of the votins fra.nchise, a

- Such a Federal eldt"io;-i;;:';ilki iElct on minority polltical participa' co-nstitutional right, ts the provlnce of
identify ttrose areas"ioi-cr"r.'tfr.{" io tion of each proposed chane:e to wltich the Federal Governmeut. The Federal

- be so fundamental io'iilE-"luitorat the Department of Justice has otject- Government Eoust contlnue its vigi-

. pio*". tna[ ttrey srrouia irit ue ai"iCo ed ls simiJicant or one exam-nl_e is.su{- lence, by me-ans of this carefurlv craft'
I r^^-"a{}izaa '------- -- - ' ficienL The Department of Justice's ed law'-It is our role to tnsure thb'
\jdriii!-Ju'iect of preclbarance and obiection lett€r 'to proposed .lfTex' rights of all citizens, resardless of
- 

"ilcoripfiaril, 
let rire remi:nd Mem- ations irc HoustorL Tex.' cle*rl{_ pre- race, ethnic origln" or lanSuage:

ileiJ tnit section s, wnicn has had a vented the dilutiori g{ ,the clly'r, T-l-- I would iust like to add thar the core
iarieacning iropait in preventing nority population which.yg"Iq ["'-" p*rGiots"G thG act for Justice De-
6otfr UUtantl, ana subtly discrimina- made it even more.diJIicrUg.Ior mfno-r- partment approval of a State's pro-
tory changes, requirei Jurisqlctions ities to elect candidates of tbelr,chojce ioieO erecto-rlt changes are not exces-

il,Xf J:r,i:1""*::,tt,"'J1""J".:s S$:titr 1"5,,i,1?iffii.diis,-'"i ;:'ilgi{",*n":t 
juiisaictio* not at'

:tffi"'""*"fii;,fr#'iii"{1,,1J1."& '#3i,';o1"HHX"Xfi f;.:,:.^":ti!$ii{ ;;i;}1t""&Tli *,"""f4*"?1.["#
gg*f,sffH*;i",,,ff;3r*,Hf?? ffiil:il",i#1".ff#s*,"ri,ff":i:"T ;,ffiilit'" tiJ" tiJ,"i."--or a rient

Columbia that the proposed chanse-ls 
"gai*g" 

-u*G. 
- ryu1 e*iii ffin 9[ basic to our freedom: the rteht to vote'

not discrimlnatory in purpose or black-and no Mexica,n-ifrrericai fraa Accordinety, I would urge my col-

effect. "viiue"n "rJctea 
to tneEouston city leagues to expedltiously passi the

"t1iG sectiotn E was desi8ned to pro- - 
"oL"ii. 

'irr;ii"si erectton after redls- voti:rg rights extension into law and to
vide a , spesdy -"ctranii." for the iirctG? s"w tnr"e nei Eino.i[G resisfani attempt to weaken th'e bilfs
review 6r-votihe 

"na"geJ 
that coutd itectea (two blacks a'nd-one Mexlcan- provisions'o

, ;;;;:rf"'iiv,iiaiicutiui minority prr- -e,i-drt""ij,-inJiJ*ine the'numbe: of r mr. rrtrIrar. Mr. chairman, I wel-' ;i"i;;ti""- in ttre politicat proCess. minorittes-on the city council to four. come this opportunity t9. record mf
6iv;n the efforts oi jurkAlctions to Tbe effect of thi,s one objection-letter' support oI II.R. 3112, which extends
circ,tnvint court.deci,sions that abot- then, was surely significant to the mi' the Voting Rlshts Act o! 1965. I
Gfrea Aiscriminatory voting practices, norlty population in Elouston. ^ intend to oppose any attemp-ts to ener-
;;tio" E p;orided Ln ong6i;g review On6 

-can only sonclude, tlerefore, vate thls legislation through weaken-
oi--aff 

-cnanges in voting practices or that the DepartYnent o.{ .Justic.e's Pc' ingamendments.
procedures. tlon 5 review is still a vit$ qe9!1ts11 The llouse Judieiary Committee hirs- 

According to the Commission report, for uncovering proposed c-rlanges. ln labored long and hard over this bill,
as the suspension of literacy. tests and - Votlrg practices or procedures thaf, and has achierred.what- I believe to be
devices as well as the Federal ex3,rrin- could be discrimlnatory ln purpose or a fair and workable compromise..The
er provisions of the act have helped to effect. fact that the committee approved this
iaaJmany of the barriers to black reg- My coUeagues, lf we-are !o.t*ly "'9; t"gisf"iion Uv a margin ot-ze-t should
istratlon'and voting tn the corlered ceed in protecting the htegri[y ot cl|arlv demonstrate the bipartisan ap-

- States, whites have resorted to chang- American democracy, we mlutE,elEens proval of those of our colleagues -who
ing ttie sovernmeotal structuras to the 1965 Vottrg Rlslits Ac! wlig!,]: Laue ituoiea thils.tssue most thoroush-
a.iure th;t bhck polittcal power wlll still needed by black and .minortty iv. \ -

' be kept to a minimurn: First, gerry' A4ericans. We must' esss tlls, -t!qrs?: In a time when the terms..mandate"
nianaJri"-s dlstrict linCs to avoia uuCt' tiou full' strensth, u-ot ,!!u!1t^-9r ""T 

irifrJatv;-"ri:g"t"i,lg irr"'r.ri"a
HI}:':i*ijff"i?' i5l*K.'l ^g!: 

H?;i::"X?H":'*"Yj1t;;"x1 i"T11$ ::]ll*J beieve it G necessarv ror us

tricts to prevent rocarizea ilacl maJor- ries'i,J rv.ti-rtrc uriortr to"I'oi"iJgi!- L:"H5**ih'r"lluX1u*oil11.rX% 1t;
ilies trori electins any representatives ter blacks are not yet buried in the fi;iri-"ry;;iii*rt6ir. ttre piece ot

lL?i,; #fl"'3ilt.3#"Jffi ,'"Y;ITI otl;*ot*,v, r st-ronerv-.y-s":ll1?l; *'i;;tl"* [*n:l*:l*1,t"":"t"t
itvrricrcitiestoavoidblackcontrol leasues to pass-II'R' 3112' withouL il;ilil;i.Ainirtomakesurethat
ffi:,:,S:"""frffi8'i'*t":l"*ff; fl: 5"ffi:*f'ffi3#."*?l.llggfrJ S,;iJ:*";'r-;ii;;'-Liii'*-e'eii"'nsvdiaite. tise to express mY staunctr

Stnce 19?5, the Department of Jus. the passase of II.R. 3112; thIv;iinA The soal of the Voting R'lghtb Act

tice has been involved tn 48 cases, in- nigtriieii extension. fn aaaition' i when.it was passed in 1965 was tO

volvi:rs noncomplianci witti an oti1ec- *o-"tii-Giio;;ice ;, vieoious oUilc' Pqrqit and to help implement the reg'

tion interposed by the Attorney Gen- tion-io anv-attempti to-w-e-ar=eu'ihe istration of all potential voters and to

eral under section 5 and was the plain' bill's provisions. assure that they could cast their votes

ti,f in 29 of those cases. r 1.ff-one-fr,rio flrmly believes that with-equalitv and impartiality' statis-

Jursidictions subject to preclearance ttre Feaeiar Government itroura zeat- tics furnish overwhelming evidence of
. submitted over 30,000 changes tto ousli 

-cu;A_ tt iJ rigtrt oi American the success of this act. rn the 1980

voting practices or piociaures bitween citGl,nJriip. rn this io-nnectio+ r be- Presideltial election, for example' the

19?5 and 1980 for. Feaeiar pr*rear- ri"ue 
-tn.-f 

"itinsion 
of the protection l?te of 

-black 
voter resistration in the

ance under section E of the Voting tnri t-[-G-f""amarf legislati6n affords States cov6red in this act was eStimat'

Riehts.Act. Although most changes i. aU!.6f"tufy-"r"""tia] to preserving ed to be 59 percent, as opposed to 29

are innocuous, the Department of Jus- ttre 
-v-o1-ini-iranct ise for those wtro percenb of black registered voters in

tice,s- review ."t iioi"i"o voirnq mrv oi[i-*ire !e denrivea- & tne lhe eovered States prior to 1965- Simij
changes regularly uncovers proposed rigfits-iuai"ntied to them under our ]arly, registration among rrispanics in
voting. practices or procedures that' Constitution. ' one State increased by two-thirds after
would be discriminatoii, ii p".p"rli * - M;;fifi;; Mr. Chairman, extension the addition of the lansuage absist'

;?i;i ie"i" q"otirri-i.6dti;A;. oritrs act is critical at this particular ance provlsions in 1976.

,.r}

f.

I
I
i
I

I



CONGRESSIONAL RECORD - HOUSE II ?OO9
October 5, 1987

f o,r ser-oonsratulsdon soura bc E-R. 3112, tJre-votlns ll8rrts A-c! ex; emles ol the 8ct ls tbat tJre predear'

I pr#"tilt}owever, E\erE we to reH teDstd--irre vottng Rlshts-4lt b{ snce prcvislons dlscrlmlnate asaiDst

I content at tippdrit-fin;hlrnuiil i96s;*a its successors tn tgro ana onesectlonoltJrecotmtrv;thesoutb-
I ffi;|ru;i,[*" of tJre act baal b3fr iii5: iB;;oqel or what sood sovern- Thev areue tJrat tJre administratlve

I attelned- Ddring--tJte-Z 
-nontUs -fi ;;i 

"art 
ao. Irl the f5 yea,rs sirlce the burden ts too geat' and aot-applled

.A ;'ffi:t"fr;;"* -"au"t"a o" trrG ;rGs" & qrJast we hive seen tanst' lalrlv to all ol ttre united state& r
,flh ;tfljf,;-fifrftn Committee ra, pte fitc};iufts. Redsiratloyr s,urons minor- ttlrd this arsttment particularlr sne'
' ..lr' ffitJl'ifit-oit*ur"s etaaence' & iw.i.iters rrn-fsen, ana the-qumber of cloug ln llght of some ol the Jurisdtc'
.* I conunued Eyst€Battc afscrfmfneuo; ;in-onw eiect€d otftaal8 has grown. Uoni covered by tJre 8at. T'lrev luclude:

t ffilfiilioi"o?-trre dindauc p"ocisi we nivL coEe far, but sho can sav we the state ol Alasks' 3 cotmtles tn calt'
t &ild..il,"v-.6d;-aaiiaf-utoii have coqe far eno-usb? fornia, I countv ln Eswatl' 17 towns-ln
I ffiffi;biffi"fi"i.foir, aUsentee t*- --in 

fSOS, whe-n ttre VotlnsR.lghts Ac't Matce, 9 tovns.ln Massachlsetts,-ln- ,

t L fi6ii.;"d;iltut1|,1-oi;ninorit,y vores ltrst beca,mc law, poll t8xes, Uterac! stsdrns Amhurst, and tJre qi!r- 9r {-ew
- / I 'EE,,,b e""["Uoi-*ere eo,e'ot thi tcst^r and .serrymmderlng - were YorL In sum, the t€st.sDplied by tJre

/ t ff#H#3fl;#';;nil t nm.+miE Hf#.ffil"tr?i: ffi',fjf}"e"ffi,T^ff*$##;, gurrw rvrE'
/ --ifr"'Bi1Z;irldi-reauttrortzes the vated by _raclsq$. effectlvelv d lteg cliscriminatedassiDstmlnorlttes.
I viiti i'lrlilt' a? r"f i"-raaitro""r io' access td-!t'g1pu93t^:ng11*.b"Y* ..43*I:-?PE1Af-:l.q'".1* :::."fi6l*-;ilntu u,,"e k"v;*,!ilns -- gn.?*ffif,Hi%"lffitt[,f'"H"tt 3;Hi,5;ff"'"o"u.i$"trlXg 'n,S*Flrst, lt coutinues tJr

d;ar"frce pr;6sdn oi irii-act -rrhul ment created two soclettes in America' SBteJ srd localldes: I sev that no
irovrarii ffi;ta"d reasonaure hcen- one wbite an*one bl8cl".q^his_lor-tg price ls too.htsh to. pev to tasure de
iiviJfoistateilana dountiei to bail separation led to tlre vt9l911i_^11_tt mocracy. I say tJrat-ve ove-our'dtl'
;lit-1,o.-tbA- precfeaiilcJ-riqut e- hatred that enrnt€d-tst thg latq slxtles. zens whaLls promised ln tlre_Constltu'
meat$ Recognldns this lnequitv_l.CoTtsT9f- tion; a compiete, untrtndered rlght to

I#;tlt"itrffi"tr""Tg"T#:;'1Ti,s#LiltrlHfsfr"ffi 3;?#,f"I?ffi 
"T,,*"nsi:ff 

ftilh'*
"flt"flr-eTHH3i:[E$fe"," ffi:s;"?.il"Hi,t'*siffi]f""83[ 

^3gv*'"J;$t;'ffiff 
["##fX;,

:l$xH'fr_IW*tn nateat iH l"r:r'* #,:?3if ffit .6 

;*i*mg,qmf**rhere -uaie tleen attempts, ![r. Thls appalllng stattstlc was

m**:"9"r;**,9:,H},trHl"T;"1x?*{,!ft ffifis:-iiidii*i*,mg,Hi;#-:"g'i";?u[#
X"X;xl,Wmffia";i; * ti":ffiffi$S'JffiJ:ffi ffiis;Effi h**;*,:* :1
sucb;ctuilse-woura il-qultJile or, cleare.nvct'tlrelnvoflnsBry*$11l e6i{Ed;Uon" r,eiru not stoi at tne

*i*Hi* :l*tin"t"rm: xm,?"r:ff-ii$"'ffi';,s'0"'H t;yr ;:5yffi r."H" €H5ffi t
lF,t {:*":sll*';mri,**t",: tfHi?31,:Tf;{Hi",!.ry5^{t".: xs*,H-"11i:"19't"ti,H"ffiEl*..f ' most successful because It tarSpts l[ ls lroruc -t,nt'u- 

rlur ru rs-! aus' rrovtsions of the 1965 Voths Rights
f r those 

""err 
*n"*-i-specUfc protfeil lts passaSe, the Vottng Rlghts Act ls I

[ ./ has and does exisL '- iilalt ,"li6* 
"ttii-C" 

r-ii..oppo-"""E l"t' TIre act has nade the promi:se ol
-_-.\=," 

some Members or consress and-om- wisiiv ao_ not qo&fintiu-fftiii..di $itl"iffi*3"t':LHr,f?rffiirIffi
:*Em:*x*s"*Jxllt-1,*u l*"r3si.ffiT#ff"'1ff5ts"Hr38 i'6 wers ;iivreusrr aii:uiranctisetl

demonstratrne tlrar dtscrimlnation 
-ii l; fi;A;-te;"'1i-{!E{i;":il8 ff: lff#trSritrBry;.lifT;;1'ti[

#ffiftm5,X'Sr*:*lS3l"f 3lffi3tr#"#-Sl'rfrIi EiJE-# i"" "ot 
been properrv amended'

low.rng them to be released.trom tfre it; .tao"s d it ii ue,si opponents , r do, bowever' leel that' after a
. preelearance requlrements- r ueuJii argue as.inst trr"ir-riffii fffi:-Fq"t deeade and e har iurisdctlorx covered

thet E.R.. B1t2 as approved by the Ju- they say trrat ttre?fri;i t;;;q fiii pr the preclearauce requlrement wltJr

dtciary committee now includes eff'ei- ii"ir-atne, tnat 
-r'66ril--i;--b;A tbe Justtce Departueut which have

tive safeguards.-as well as offerlng in= made, that -minotlti"liiio;iG"i;; 
good compllance records should have a

cerrflves to covered Jurisdtcilons to hasbeenacuievea.-ttriT;dffi;ilv; reasonable prospest of-belng relleved

. matntain fatr vottns prac6ces. Eurrher now rs gooa enoudtii:liif,iitlrfii ri ot those burdens' Ttre committee bill

shriuld be considered unacceptable. 
"- ---Ctcoramg to a report ls"fed by the seen uo amendment yet which appesfil

Thererore, r urge all of my col- u.s. commlssro-" ir-ili"[ nr]t t"' re* to provlde a reasonable bailout provl'

leasues to Joi:r with Ee in supportiig Gt iaori ot"i rot"irilritr"'i'i'""tiL-,r'u sion, but r must expres mv dlsaP

thts biu as reported out of comrnittiel to rai*"u u"nr"a tffio:tti-ioi-i'tffiJ"I pointment wlth- the committee's fail-

MeanlDgfulpartlcipationtno.,"pou.li]iiel'iitrationi'sd;"6"-i','Gdfttfi;uretomatsezuchanlmprovement.It
cal and soeial system for all the dl- cover€d bv tlre pr"ii".ill""'ii;d;i;* ls evtdent that the cornmittee dld e
venre s,oups which make up oi' ;i th;;[ ;trd iri'.t-6ii,"Ji;ta"a poor Job ol Dreparatlon ror ttris exten'

Nation ts ess€ntial tr we hope ever to ?8 percent or wlridis-iere i"gt"tiitaE stoo'

elimlnate racial discrimination ani ,;oti, c"ntrast"a diri.q"iilEi-44-a'id ' r shall support an Arnentuent to re-

[ffiF rtl'"ilf,t"i"?i'i"lf iJ;Tt ffi #,*;t*rii.H:fl*"mA "m: ffieff"ffi"tffi tffi$"|T%!ffi
o Mr. EDGAR. Mr. Chairman, I rise rters stiU exist for minortty-voteT. bia courts' T'lrere ls no hlstorv ol fail'
today to votce my strong support i6i --rh;-sednd ercunent o:irerea-ty s3' ur€ ln other Jurlsdicttons'

/- -\U



,/

t,

. H 7010 CONGRESSIONAL RECORD - HOUSE Oetober 5, 1981

mony supporting the languase assist'
ance provisiorul. Ttre record over'
whelmlngly demonstrates that these
provisions conttrue to be uecessary. U
the biltrgual provlslotut were to be
conslderea again prior to 1985, it ts un- ffr\
Ukely that the record would be sienfi- | F t
cantly different than at present. w,!_./

provlslons of the Votlng ntshts Act
allow llmited or non-English speaking
U.S. citizens-cltlzens who contribute
to this couDtry's Federal and local tax
base-to exercise thelr constitutionatly
guara,nteed rtght to vote. I wholly sup'
port the Judlctary Comnlttee's In-
fomed decision to extend these provi'
slons at this time.

I urge you to. vote against this
a,urendment and anY aurendment
whlch seeks to abridge or deny U.S.
citizens their constitutional right to
voEe.a

The CIIAIRMAN. Are there further
ameudnents to the bill?

If not, the question ls on the com-
mittee cmendment in the nature of a
substitutq as amended.

The cornmittee amendnent in the
nature of a, substitute, as amended,
was a8lreed to.

The CEAIRMAN. Under the rule,
the commlttee rises.

Accordlngly the Committee 'rose,
and the Speaker Pro tempore (NIr.
FoLEr) havi:rg assumed the chair, Mr.
BoLLTNG, Chairman of the Committee
of the Whole-Ilouse on the State of
the Unlon" reported that that Commit-
tee, having had under consideratlon
the bill (II-R. 3112) to amend the . ,R
Votins Rtghts Act of 1965 to extend I '$\
certaln provisions for an additlonal l0 ll','
years, t-o extend certain other provi' -'Z/
'sions for an addltional ? years, and for
otber purp-oses. pursurnt to House
Flesolution 222, he reported the 'bill
back to the Elouse wlth an amendment
adopted by the Comnittee of the
Whole.

The SPEAICER, pro tempore. Under
the rule, the previous question is or-
dered.

Is a separate vote demanded on any
amendment to the committee amend.
ment in the riature of a substitute
.adopted by the Cornmittee of the
Whole? If not, the question is on the
emendment.

The amendment was agreed to.
The SPEAI(EFI pro tempore. The

guestiren is on the engrossment and
third reading of the bill.

The bill wa.s ordered to be read a
third ttme and was read the third
tlme.

MOTION TO RECOMMII OFEERED BY MR. BIITLER

Mr. BUTI,ER,. Mr. Speaker, I offer a
motion to recommit.

I a,m also concenred about the multl- tssue. Recently, I recelved * letter
unsuA provlsioos of the comeittee from Mr' Ray ortlz' reglstrar of voters
UiU. f nive been convlnced that sucb for Saa Diego County, Callf., explain'
iequirepents are not only extraordl- tng how be operates a mtnority -lan';;iity unwi;itti antl expeniive, but a,re Suige voter ?ssiglange -program, 

whicb
aldllnwid as iociat policy. has beeu pratsed both for lts effective'

Tlle Congress should commlt ltseu ness and low cost. A key method used
to-matnstre-a,mtng tnoie cittzens whose by Mr. OrUz ts "targeting"-producing
itrst lanCuaCa G not fngiGh. ft snoUa w'rltten biltngual materials only tor
afso-profecilhose citizeiiwtro want to those voters requestlng theE, Eceplng
use- inotfrer tanguaSe. But tt seems to prtnttnS a,nd mailing costs down' Mr'
;-J to 

-E-en6udstni 
tsoriuon to ortiz increased rnspanic resistration

, *nraua a prtntfig tn ofitei languages. !n Sao Diego Countv from 42'000 to
part of ttie strengttr-;i;ur country ?3.000 si:rce 19?9. At_the-snme ttne, he
has been tfre wiUtrgness oi ourpidptl cut expenses from $10!.000 ln the 1976

to irra"e a co--onians"ri". itiitni it general election to $54'000 ln .1980'
not urueasonable to rely on the States This evidence clearly demonstrates
to ptoUae non-English-ballots lf they that cost ls not an issue' '
need tbem.l There are those who say that all
a Mrs. CEIS11OLM. Mr. Chairman, I Amerlcan citizens should speak Eng'

rtse ln oppositlon t'#; H;ffi"; rsh' whether u's' citizens should be

Tbe vo6ng nrgtrei"atfcffi"ffiAe fluent ln English is not the issue. The
tu 19?5 to requlre biui,g'i;- "6uiiit: 

issue ls-that eYery u's' citizen has. the
ststance tn 200 ""ffi;[;]h";;;i""t 

constitutlonal risht to vote' and' that
the counrry and hi;;;;ti;-$i;;;i there are manv who cannot exercise

Texas, Arizona, *rd ril;il:iffifi"-j that risht without lansuase assist'

vtslons were &dd;d1;1#'iA;d ance' we do not ask these same citl'

*,qf#,j#il1qffi,iq'il*;"I#l,,Ei:*$*r"i.:t*l"T,o's3*x
proc-es". ttre act derln_es lprylq" g: n,Hffi""ifl;i'i'ifi,"*il"1: ;r!:nority sroup -_as p:T9P 

^g:^T_" ;untry as aa-ufts or have been raised
' American rndian' 4s13 4*erl9l} in areas uke tbe southwest where an-

- Alaskan Natives o_"_61:!111.1_h:-T- o-ther,lansuase predominated, puerto
tage. This definltlon ,s blsed on eq' i,i""* tn New york are U.S.-cl,zens,. dence of votteg dlscrininauon present- vIt, -rrr of them were born and
ed to Congress irx 1975. iafjea on an island where Spanlsh was

T'Ilere are those who argue that the their flrst and often theh only lan-
cost ol provlding minq4ty lagcuace ap' guage spoken as U.S. cltlzens. Many
sistance ls excessive. The richt to vote tannrag6 mlnorities, especially II$-
ls a basic constitutional ri-ght, the pro- pa.nics, who were.here or carne here as
tectlon of which cannot be -measured iroung'children, iannot speak Engltsh
ln doUars, moreover, the hard evldence because they have been denied equ*l
bears witness to the spdrlousness_of. educational- opportunities-attendlng
thls argument. Where language asslst- schools which were a,nd continue to be
a,nce in registration and votlng is im' both segregated and tnferior; 45 per-
plemgnted effectlvely, costs are a mere cent of aII Ifspanics over the age of 65
fract{on of total electlon experses. In have not had more than the S yea.rs of
1980, general election colts irl L_os 4n' formal schoollng.
geles County'were S? mlllio$ of that,- The prupose of ttre bi1regual voting
only $135,000 or 1.2 percent was spent assistance brovisions is to permit those
on providlng language a.ssi:stance. In persorur, victims of educatlon i:nequal-
Orange County, CalU., tn 1978, compll- ity, to vote.
ance with the bili:rgual provisions rep- There are those who argue that mi-
resented'only 3.4 percent of total elec' nority language assistance ln voting
tlon costs. In Santa Clara County. promotes cultural and political sepa.
Caf[, biltngual compllance represent' ratism. But, far fron promoting sepa-
ed only 1.5 percent of total election ratism. these provisions encourage lan.'
costs ln the sa,ne year. Testilyiug guage minority citizeru, through the
before the Judiciary Subcommittee, opportunity to participate ln the polit-
New York State attorney .general ical process, to become part of the
Robert Abrams said that The ongoing mainstream of Amerlcan life.
ftnancial burden of billngual elections Although the bilingual provisions do
was minimal-that startup costs were. not expire until 1985, lt is crucial that. the. most expensive, but still low- they be renewed now, when review was
$30,000 out of a $16 milllon budget for begun on the Voting Rights Act earll-- the New York City Board of-Elections. er this year, a number of bills had
New Mexlco's Lieutenant Governor been introduced seeking the repeal of
testified that the cost of providing bi- these provisions. The l{ouse Judiciary
llngual assistance wa-s not even an - Subcommittee heard extensive testi-

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