Episodic Barriers (Notes from Senate Hearings)

    ''EPISODIC '' BARRIERS

NOTES FROM SENATE HEARINGS

January 27, L982

Testlmonv of Hon. Charles McC. Mathias
(page 208)

"The House Subcommitte heard testimony about the
continuing need for the Voting Rights Act. Far from

merely rehashing tales of abuses dating back to
the 196Os, the hearing record contains numeeooBs

contemporary examPles
(2O9) of voting discriminatlon. Som$re remi-
niscent of the 196Os inti-midation or harassment

of minority members seeking to vote or register.
But other relect more sophisticated dodges ar-
large elections, annexations, majority vote require
ments, purging of voters, and even changes in
established voting places. Such tactics have been

effectively employed to dilute the impact of
minority voters. "

Preoared Statement of Hon. Howard M. Metzenbaum

(page 226) ". . . though the meothds have changed,

discrimination stiII exists. As the chairman of the
House Committee on the Judiciary, Peter Rodino,

said during House consideration of voting rights
legislation last October:

Time and again we were told by witnesses
(at Subcommittee hearings) of ingenious
schemes deslgned to deny citizens their rights
to vote or to dilute the strength

(zzl ) of thei r bal- lot . The I1st of ploys dual
regi-stratron, reregistration, gerrymandering,
at-large elections, annexations, intimidation,



Episodic barriers, 2

i.nconvenience to name a few -- is llmited
only bY the imagination.

And as the civit Rights commission found in a report
issued Iast Year:

"In a study of voting problems in 7o juris-
dictions covered by the preclearance provisions,
some minorities fou@5r- reglstration officials
discourteous, or opefity frostile and intimidating
when they attempted to register. Requests
for unnecessary personal information by officials
also were found to intimidate minorities ' ' '
The present attitudes of registrars deter
minorities from registering.
". . . registration in the jurisdictions studied
often took place 1n locations or at times that
were particularly inconvenient for minorities '
". . . minori-ties continued to be harassed or
intimidated by election officials when they
attempted to vote."

Letter from Assistant Att Gen'I Re lds to Hatch

Atty. Gen'l Smith's testimony)

(page Lgz) [nesponding to a request to describe
the Justice Department's interpretation of the term

"voting procedures and methods of election which

inhibit or dilute equal access to the electoral
process" as used in H.R. 3]-12. (from the amendments

to the bailout Provislons: l
(page Lg1) [Based on its readi-ng of the House

committee report, the department concluded:l
,'Thus, it appears that subparagraphs (1) and (iii)

would require at a minimum that any covered juris-
diction seeking bailout not only eliminate any

reglstration requlrements or practices that might
be said to disadvantage blacks or members of language

minority groups, but also alternativeJ-y adopt such

measures aS necessary to gnhance the opportunities for
convenient registration a6! voting of minorlties. "

Subcommittee (enterred into record after



Eplsodic barriers, 3

Testimonv of Vilma Martinez (Exec. Dir., Gen.

Counsel, MALDEF)

(page 29O) [Regarding continued need for section 5: ]
IIn Texas,] "There have been objectlons issued to
statewide purging laws, annexations, redistricting
p1ans, majority vote requirements, and polling
place changes. "

Testimony of Ruth Hinerfeld (Pres., League of Women Voters)

Sen. HATCH . You speak at length about what you

refer to as psychological pressures facing potential
voters. You boserve for example that "persons in low
income projects are fearful of registering to vote
because they fell information obtained will be given t
to the housing authority and the Depar+;ment of
Social Services. "

I have to admit, I am personally sorry that these
psychological pressures exist, as I am sure that they
do, but what is the relevance of that to the legj-s-
lative debate that is now taking place?

Ms. HINERFELD. That of course is one of the
examples of the kind of subtle harassment that poten-
tial registrees and voters face.

I think that for somebody like You, Mr. Chaj-rman

or like me, where we might go to register would not be

of consequence. We are not i-ntimidated by official
places; we are not intimidated by neighborhoods where

we do not feel welcome. But as we try to state in the



epj-sodic barriers, 4

cases we cited, for many of these people for whom

registering to vote can be something of an act of
courage, certain places are considered so inhospitable
that they are afraid to appear in them and they are

afraid to be registered by certain people that they
perceive might be misusing a list of names.

Sen. HATCH. I agree with you. I feel sorry that
such psychological pressures exist or that they
continue, but what precisely can the Voting Rights ACt

or any law for that matter, do to alleviate these

unfortunate psychological pressures?
Ms. HINERFELD. Again, here we have a possibility

of a situatj-on wehre in any given jurisdj-ction the
stle of places for registration or voting might
be changed -- for examPle, from the schoolhouse to the
county courthouse, from private homes to the jailhouse,
which may not be an accurate example, but that is the
kind of thing that can happen and can be as effective
a deterrent to voting participation as sayhing, "OK,

fet's see you interpret this section of the Constitu-
Lion'before you vote."

Sen. HATCH. Many of the violations of voting
rights that you descrlbe as being "subtle" are, in my

. opinion, indeed so subtle that I am not
even sure that I understand they theory under which

they constitute discrimlnation, even under you own

attempts at definition in your statement.

Prepared Statement

(326) "if the cost of registering in terms of time,
energy, inconvenience, personal pride or security is
too high, a citizen may not register or not vote.
And when minority citizerrs are discouraged from
registering or voting, they are unable to elect
candidates of their choice to public office or to have

a meanj-ngful voice in political decision-making in



Episodic barriers, 5

their communities. "

IRegarding incidents noted in a survey of L.w.v. Iocal
in areas covered bY section 5: ]

"while some do not involve express violations of the

Voti.ng Rights Act, they are cited in order to convey

to you a sense of the climate that, desptie the act's
protecti-ons, is still hostile to the idea of equal

protection and representation of minority citizens
in aII facets of Political life."

(page335) "Once the barrlers to registration have

been overcome, there are still road-blocks to the

casting of a meanlngful vote. One problem is the

often inadequate training given to voter registrats
and election officials. This results in reinforcing
uncooperative attitudes and contributes to the

frequency ofirregularities and 'errors' in the adminis-
tration of registration and voting -- particularly in
heavily minorj-ty precincts or districts. "



Januarv 21
Eoisodic barriers, 5

l9q2

Testinronv of Lauohlin t4cDona1d Dir Southern R,eo.

Of f ice . ACLU FounC. , Iric. )

(page 381) ftites example of Eclqef ield County, S.C.

case (Lybrand), reversed because of S9ELIg, rvhidh found
unconstitutional infrinqement of votinq right on

qrounds of "negligible" number of blacks aopointed
as election officials (amonq other t.."o.,=)]l

(page 383)GIso cites Cross v. Baxter, irr r+hich one

fact r,,sas that municipal elections :'lere manaqed brr a
Lions Club that exelude,l blacks?J

Testirnonv of i{on . ilenrv l{vde ( :f ep. - I1!r )

(oacre 393) "ITorr during the hearings in the l{ouse,

arlmittedly '^reiqhted in f avor of extension, I heard
witrlesses -describe voting systems ln r.zhich blick
participants are .required to fill out their ballots
in front'of r.rhite po1l-'.ratchers '^lhere there are no

cr,rrtains and no privac:/. I lreard tales of linited
reclistration hours t-n rural couttties t'7here facilities
are of ten not open in the evening, during the t'reekend,

or at noontine. "

r Hv:le al-so cites rereoi.strati on reouirenents

Testimonv of Hcn. denrv L. l'Iarslr (i'larzor Il.ichmond

Prepared. statement
) (cite'(page 45L a nurnl:er of episodic -lrarriers:

Va. )



Soisodic barriers, 7

--refusal to establish addi-tional temporarr/
rerri-stration locations

un'.riIIinoness of General .?'ecf istrar to assist
orcspectir-ze re,:ristratnts, especiall-rz bLacl<s

puttinq resistration office in cut-of-the

-'.vEty olaces , ot next to the sheriff rs office
onL'.2 t',ro black reqi.strars out ct 136 in \/ircrj-nia
"There are fer,r assi.stant or or 'lepr:t': rectj-strars

and even fe'r'ere blacks -serve on the 136 local
electoral br:ards. "

prlrqinc rolIs '.rithout adecruate notice
inconvenient .o,rt".l

(452) "aIl of these problerns-- ourqinq of rzoter

reqistration roLls rvithout givrnq adecluate and personal

notice tc those pr-trged, refr:sinq to establish 'zoter
recistration sites eonvenient tc ni noritv voters
and maintainincr offices at unrnarl<ed anC unaccessible
locaticns, aLl-o'vinq regi-strati-on onlrl one dav a

'.reek dr:rincr r,rorkincl hours, ref':saI to apooint quali-
fieC bl-acks to assist in the voter reqistration and

el-ectoral proeess -- effectivel-r.' '1enrr bl-aclcs in nanv

areas or Virtrinra tlre opoortuni+-r.r to re.rister and

participate in the eleetoral proeess. T\ese Dersl-5tent
anrl ccntinuinq -oroblems n'-l-itate arlfa:-nst ant/

'veakeninrT in S. 1992."

Fets:uary 2. l982
Preoared Statement of Abiqail Turner (ittrr I'lobi t e ALA. )

a'f)rir k1,*, a u
s<t{^it ct Lrz.,e,.,
nk"t-?A-dre..-i
Q-t;+t9:
'1t-vr+:n%t*, h(;^

fr14*. ) -. n C.a^ r_,

(oaqe 770) f tt"" ot\er barriers inclr-rdino rlenial of
recistration for f ailure to knor': orec'inct n'lmlfer,
ancl ref,.r,sal lc anooin't ',eo'.:tr/ reryistraril

J

q al.ea^*ll"\



Episodic ',carriers, 8

(7?3) "-\bsentee ballots have been the object of
continuinq controversv in the Alalearna election
Drocess. Lack of confidentia'tittr anC ineqr:itable
eliqibilitv criteria trere t'-+o croblems r,"rhich were

corrected in 1973 tcv lecrislative acti-on. :Ior'tever,

lcLacl<s ccntinue to maintain that tlrev have been

unfairlv ienied tl're use of absentee ballots anrl,/or

tl.lat thev have been harassed and threatened 'ceeause

t'rev did llse t,hern. "

Test,imonv cf Armand DerfneE'(.loint Ceryter for Political

(page lgg) [-rn e,i.ceri$a county case (Mccain v. Lvbrand)-\
{eciri.eC jrrst bef ore Mobile f or plaintif f s, and reversed
brz the same'court after flolllell

"The court noted
significant nurnber

an<l sald of this:

the failr:re to apooint any

of b:l acks as election of f icials

Evidence concerning the
rn ECcefiald Countv sho'^red
officials exerci.sinq State
part of election proces.s.

past fevr vears I elections
exclus:.ori of blacks by
action in a critical

f have a vivi.l reeollection of that testimonv

fof ur. crouc{ because Sam Crouch fsect.t"t, or the
E<i.gefie1d. Countlr Democrati,c part:r-] t'rho is a verv nice

Ll
fello'rz, was up on the stand and he was talkinq about
why there rrerentt blacks appointed as po j-ling

of f icials, Po11 managers, or pol1 clerks; tvhr.z b] acks

Str-rdies )



Episodic barriers, 9

hadn,t been in other parts of 'the election Drocess.
I'tre took a stab and asked hin '+hat he traced it, to,

and \e said,
(3OO) i'Ie1l, it's just the rvav it has alwav been

here in ECqefield County. T\e rshites do this
and theblacks do that. "

{Serfner then points out that the Judqe founrl for
the plalntiffs on the basis of this anc other it"r"".J

Subn+ssion entitled'tl{emorandun: Bailout Provision,
Under S. 1992" (sgbmitted by Derfner)

r(333) U:" bailout provisions require that juris-
,fictionsJ"affirmatively ... eliminate voting procedures

and methods of election which inhibit or dilute
equal access to the electoral process. "

(ftis is basicalllr quoted from the statute.
Ihe senate report indicates that thi.s is the same

standard applied under the nera sectj-on 2, although
here the burden of proof is on t':te jurisdiction
seelcina1 to bail out.. Thus, to the extent that practices
are cited as unacceptable under this orovision of
section 5, t{€ ean use this in section 2 arqunents.)



?P'et5 
-l+

{or'soAi c, Bc'vviexs

ts {n^ S<,n a*o +*sn$s

The purpoee of mv teetimony is to ehare with you -eramplee of
di*;i-fi;i;, iitil,iaea and practice as told to ry bJ our local
t"r"'d;-il c6rJ"ed jurisdictio:n'. Bas€d on their findings,..thao
iA;;; t"rJ-co"ct"dea tf.at their local goverrunants are stiU un'
;frffi;;;;srri*-or "cctpt 

the conce[t of full past'icipation of
minor{ty citizens in the po[-tic4 progess.
-'i,tiiif f*ai"iJ attcst io ttre fait that the Voting tiglrt Act and
sec,t6t 5 coveiage m'et continue to.play F.mEt-olrole in.oqr elec-
;I";;ft"", iirTia* to 

"emore 
eubtl'e aha inviaious barierB to ef-

fective- minority rcpreeentation.'-i;qtJ p"nicutirty tite t" poirl,t o!lPjl?-tlP^""11111tl3 3|3Jq; ilA;sfi,i-dlti*iLt" *"t V'qf th" criteria ia the propoeed bail'
out::if;ffit"I,]it t""s,.i-in-areae covered by-aection 5 to detor'

-iiiJtfrd;A;n; i" wtricS votcr registration.and voting is conduct
ed in aili" co--""ilie". Basod 6n their information, we have
i"a"ti"d-itr" conci rgion that the pereistence of diecrininatorl Prac'
tices and attitudes toward registering- minoritiea rn covered Jult.
li"Eo*ititi i"t iUits progreEs Ioward ihe goal of full minority polit
tqf"x*TlHt'ffi 

and artitud.E are indicative of a cr1-ate thst is l.Ttrp". pfactics
rtiif'l*tlf" t"-tfre-iaei of oinority participation and. repreeenta'
;t^^ -'f't ";r"; "h" irraicative of thti gsntiirning ueed for epecialtion. They qre aleo indicative contiiruing uced foi ePecial

il;t€ciftri" 6 preaer"e the fragile gains mad" btTority t"g'"to'
lion and'I*G;-i" 

iiyqSa j urisdictione J1ry* tq!-t-:f j?^ ::s",:17tioffi --itttigh:I;c6;";-"i"ntreqigiration,timeq,Sla-ptf =:t:tl;-a;"t;;ati to- minority communitiea, and

CTOUDA. Of VOIUnEAfUy EAI8 EtigPg u' III'lfc' rEtsEulaqYl uv's $
ffi""J- 

"c"osibie'continue'to 
discourage miaqrity rcgistration.

Btops to

i'f,;;;fi i"*'i''o'1,-i,""a"tip"^."lgtgf:1*..Y^i'PT'.)*.;'tt*
which ila

lansuage mi-

"oiiti t "*;Ai* the-latent hoetility of aome officials to minority
re-ii"I""iio"aiapoUticatnqrticipation..BttP."liT$=!I9ltryHl.-^S;;;ie;ffii"J;;;ilip"tio'". PatEonizins treatment, and

senrice are all too familiar tactics t'or drscouragrng Ernor'
me give you two era^m'

fhe frrst one involvee the obstructive attitud-ee minoritiea,ofton

""ii,i"i""-i" 
-ttru ."sirtrition procigs. The--Leaqge .of Women

v;;;-;i N".* Yori"citv told'us that in New York, rnin67ityV#;;i tte*-Yo"l-City told ir" that in New York, minority
;ilil tt'ti i"q"ot quantitiee o{ !t " .,9.t" -r9q*1t'J1^f9g, lo.:-u
iffi i-"d';;A'iitiatio" T'ire 

. 
re port that the bo,l^d- 91 {t!-T-T S l":'*fri#;;';;;;t *itJ, thei or complv witl their requ.gat' Y-et, a

;igf,ffi ."tI};96 ttre kasue of W6den Voters qeually suffrceo;i;ffi# aIl;[[ Ite-Gasue of w6den Voters ,eually suffrcestaleDhone canl tror
to obtain the form.

fir" .ec;f;,d-rniaote is an example-pf the kind of subtle haraEq.-a-^:l-.# '- ------ ---. awea r€mrEed u)

nor a

-""-i*--L" io ttre voting pr9ge6E. Thia incideqt_tr6-rypoffifto
ffi-[i; Edi"b"rg-McAUEn, Texas League of Women Votors 8E



(Vbodt\Bavde*s 2-

follom: "ID north MisEion [Te-nr1, ths [rrninerE m.nager of the
ahool district orderpd oaly one [voting] machine, 

"r"o 
tSorrgh_tho

turaout waa predictad to b€ high. That machine waa 6lled up by
8:80 p.m. For abo"l I,S,-l""t p, gnt+ another machiae ygs brought
ia, votsra wene not able to vote in the school election. The elestion
judSo fo: the achool told ns all the trouble start€d last yeafTFh6h{dm Maricenr rtartad to voto." Too manv election iu&e rn.l
clerLe are untraiaed and racist; are not

EloDa ar\o

IN EOIDE

climato in

Atr),wa,."
League also r€port€d tlrat even when local election officials aro

empowercd by State law to authorize deputy registration, instituto
Sat-urday 61 sysning registration houro, or rist up sateltite registra-
tion sitc, all stepe tlrat would make registration easier aad more
accaible to minoritie, they rarely choce to ererciso this optioa.

t&ile_rgqb eranplqnqav no1!_!9 erpneet violationn of tho act, I
which voter regiotration is arlrninirlorod iD coversd jurisdictions dc
apito the ac{'e prntectiono.

fire fac'tors which contribute to this cli'nate arre very irmportant
in considering whether or not a comnunity ia indeed ready to come
out fr.om under the protcction of e€ction 5. Violations of Eection 5
do occur, of course, yet aection 5 continueo to gorye a paitive func-
tion in prot€ctiry min6fitr'y voting rights' as illuEtrat€d by recent
events in I)s IGlb County, Ga. In that @unty, the board of elec-
tions has peraistently act€d to rc$rict t}re reg:istration of minsrity
citizens, contmry to the purpces of ths Voting Rights Act

YYhen we tctified before the Honse Subcom'nittee on Civil and
Constitutional RiShtr lasi May, we deecribed in detr,il one such in-
cideat. For aoveral years, t.Le league and other citizen group€-
mat notably tho NAACP-have conductad registration drive in
Ilo l(alb Corrnty. lbae drirres, conducted in more accesible loca-
tions and at morp convenient ti'nes than registration provided by
t}re county board of elections, have resultod in aignifrcant increasea
in voter registratiou.

poj a-qmple, loague volunteers regiotored over 1,300 citizens at 4
oqior ahopping centera on I day, February 2, 1980, while only 2,?00
wero rcgiaterud at the U5 etablished corurty Eitd in the whole
month of January of tlrat year.

During the 1980 general elrtion year, the board of elections
abruptly discontiDued its practice of authorizing the League and
other civic gloupo to register voters in such placea as aupermarkets
aad libraric. tbis policy ghqn8o had the effect of maLing voter
registration leas acc€EEible, particularly to minority citizens.

Tte De lfulb County board of elections, in defiance of e€ction 5 of
the Voting RiShts Act, had failed to rubmlt ^hin change in policy to
ths Departoent of Justice. lbe tle Iblb County toaeue of \ilomen
Voters and the I)B IGlb County chapter of the NAACP fi.led a law-
suit and in June, 1980, obtained an iqjunction based on the pre-
clearanco violation. When the board finally submittsd the chaage,
the Department of Justico rejetad it, and the board reEcinded its
potisy.



tpitoAtLBat't'er,s 3

/ Wtr.o.rde tcstifred before the Hous€ subcommitt€e in May, we
'as did the De Kalb league, that this was the end of

. We were wrong. In September, 1981, the county board
ith a new reatriction on regiatration drives by civil org
Ttris new policy would permit theae organizatione to

their registration drives in election yeara but would
allow them to condust drivee in off+lection,

registration listE are purged in odd-numbered years,

into effect.
ltre league believes that the best argument for retaining

act's highly effective administrative enforcement mechanism iE
remarkable succeEa it haE had in increasing minority
and removing many of the barriere to minority pol,itical
tion.

Although the etatistics show progresE, they also show that there
ig still a long way to go before all traces of the discrininatory tyt
teme of the past are erased. If increased registration ratee are to be1
meaningful. rhey mu!! go. hand-in-hand with increas4_lgrEgliE'

\tion in itt ci"-t+ef*t;t#.t lifc. -

/ Lot3tratton bv xlno"ltv orcanltrtlons

I ra rtmrlty ca5tty grcups do t..l to s.rylcr th. nlnorlt, c[1.lty ritlr rrgis-

tr.Gla drlya. d vot r lnroilSlqtr ttl, .ra fEqu.ntly ob3tructld or h.'par!d br

gli.latlva .t3tt{o! th., .ncorntlr l|ran th.y rcqudt astlrt nc. or .uthorltttlon

frc..l.ctlar offlct.l3. Ih. Gol&borc-t rn Conty' ibrth C.rcllnr Lclge of

El YoSaB .r9laln3:.

't rttltudln.l prc5lr axlsB. L.st ya.r. th. Ilym Cltlzons

for lilmrlty Affrll.3 rrnt d to hold ttglstmtlon drlv.3 through-

out ltra co{at, .t varlot6 lnt.nrlr. tlPon dlscu3slon rlth thc

!o.ri of Elactto.tr chalrrn, tha .lactio supGrvisor cdEltad

groups have been highly euccesEful in regiEtoring and ren
g voters during thee years. As an exanple, over 3,8(X) v<
registered during a 3-month perid in 1981, 3,000 of t

. voters. The propoeed change has be€n eubmittod to the
of Justice, and the De KaIb County League of

has filed a lengthy objection.
The De Kalb County atory'illustrates our mqior point, wh
rars repeating. Even in the area of voter reg:istration, where
row that tha greatest progteee has been made, it is coverage

5 that prot€ctE and preeenree thoee gains. lilithout it,
in De Kalb County and probably a number of other r

!,ory changee in policy, practicee, and proceduree would

?rePoh"l S+a+u^ete oP ?,vlh S. lh'nev{t)d

?P 1L$'T1



€pi sod,,L Battn"cfi f

-E-Eag.. 

(lil) rao* ,r.t thcy .r. .brng, r. h.y. m gr.obr.c
rlth th.r. your p.opla mta so n ay .rmrr. Ihy dm,t yol.

Just l.t th. Laagtx hold tha drlvls?, Thc ltct o, r.3p.ct
tnl oyar.ll coog.rrtlo.t 13 eyldant to olnorlty grougr..

In ltr Yoil cltn.l.orlty gnoupr rho r.q6it qu.ntltl.r of th. yot r r..gl3tr..o.!
forrr for. ptran d rcgrrSr.trm drry. r.port urt th. Eo.r{ of Errcilmr rr,r-
rlllrng to coog'rr!' rru ,ra- or cdpry rrth rrrrr nrq[rtr ,at . tar.gi,ta cr,
ft.. uta 1..9[ ot b-n Uota.: ot ,h yoil Ctt, uru.ll, turflcaa to o6t in ti,.
for-.

illnorttv cril:.ni *tetng to r.gr3t r or*l -**ar dtap.r.grng tnrrt-rt.
Ltl' ,'.r.'tr'.t rnd rntrrrd.troo c, b. 13 .tt ctrva rn rnhrbrtrng.rr.rrt,,!g-
lrtrrtlo rt tJr. old ov.tt t rrcr tactlc! .lrd nprli.lr. For ruph. tna Goldlono-
Lryrx co..trtr, brur Cxlltna La.e[ ot lo-.t yota6 t 3tlfl.i to tn parclntoglcat
pnr3runrl tJLt dmrlty rtgl3trl.lB ar. trrq[itly cOrtutad dtlr:

....prnol. ln lfl lltco- pnoJ.ctr tn flrful o, r.ilrt ?ll|g
to yot bacrur. urry fol lnfoililm obtttnad rlll bo glnn
to ttr. tb.tng Arthortty .od th. t|p.rc,nt o, Soct.l S.ralc.t.

i ,ntr tr.n trb.o.hd fIr,.,llay r1lrrl g.r.crt rr. told b, t,l.tr

\ 
qloyrr or l.ndlor{ ftn to mgttr.r urd rno to yot for.. 

,/