Assistance to Voters (Notes from Senate Hearings)

    ASSTSTANCE TO VOTERS

NOTES FR,OM SENATE HEARIITGS

Januarv 27, 1992

Testimonv of l{on. ,!.IiLliam French Smith (U.S. Att'v Gen'1)

(page ]0) "The bilingual protections of sections 4 and

203 were adderl in 1975 to secure the right to vote for
those citizens who are not fluent in the English
languaqe.

"In our meeting with various groups last summer, w€

heard numerous expressi.ons of support for the bilinguaL
provisions. Citizens whose first language is not English
have been affcrded by these provisions the opportunity
to partici.pate effectively in the election process."

( Smittr then indicates the administrationrs support
for extension of these provi-sions.)

Precared Statement of 5on. Ed'.rard M. KenneCv (sen. - Mass.)

(page 22ol El" bilingual provisions]Z "have proven
successful in bringing thousands of .\merj-cans into
the political process r+ho rvere previously unable or
hesitant to participate because of their inability to
speak and read English. "

(224) "The theorecical argrument has been that such
biJ-ingual assistance might make Ianguage rninoritlz



voter assistance, 2

Ameri-cans more separate and insuLate them from the main-
stream of American societv. I think that argument

stands logic on its head. History teaches us that the
!:est r.ray to avoiC insularitv is to bring people into
the politj-cal process; not to make them feel shut out.
An editorial last September in the San Diego Union put
it well:

As for language separatism, we do not see that as
a real danger in AmericEt... bilingual voting, 3t
best is a temporary measure, a make-shift neasure
to give older Spanish-speaking citj-zens the sense
of full particioation in our democracy. The
younger members of the community' are moving rapidly
array from Iinguistic isolation.

We should not turn our backs now on the thousands of
olCer Americans who, throuqh no fault of their o\rrn,

simply have not had the opportunity to learn EngS-ish

rsel1 enough to vote r.rithout painful embarrassement (sic)
and dangerous confusion. "

Preoared StatemenL of Hon. Howa:d M. I"Ietzenbaum (Sen.-

(paqe 226) "As eLected officials, tve have a

resSronsibility to preserve and to protect the right of
every citizen to vote freely and privately without
regarC to race, Ianguage or handicap.r'

(227) "These bilingual provisions currently avoid the
effective disenfranchisement of countless of language
m:noritv Americans. "



voter assitance, 3

Testimonrr of Vilna Martinez (Exec Dir and Gen. Counsel,
I,LELDEF

( paqe 29L) "The continui-ng need f or biling:ua1 voting
assitance is demonstrated by tha fact that 16 percent
of all respondents, all U.S. citizens, in our survev
/-conducted b1z MALDEF and the Southwest Voter Regis-
tration Education Project in response to charges that
bilingual elections are not needed-7 speak Spanish
onIy, and 33 percent requested that the interview be

conducted only in Spanish, suggresting that even though
an individual may be bilingual, h€ or she may be more

comfortable in Soanish. "

Prepared Statement of R.ut[ J. Hiqgrfeld (Pres, Leaque

of l{omen Voters)

(page 325) "'['Ie support extension of the Bilingrual
Elections provision unti t L9g2 to ensure that
all eligible voters have access to the ba11ot."

Januarv 23 L932

PreoareC Statement of i{on. Henrv L. Mars}_llgyg$
R,ich:nond. Va. )

( pase 451) ,/Eites
rvhicir still exists
deny blacl<s access

as an example of 7 "the determination
among some whj-tf officials to
to the political prccess" :

"... In Carcline County which is 43 percent black,



Voter assistance, 4

the loca1 NAACP branch reported that the General

Regristrar 1s negative and indifferent and does not
demonstrate a rvillingness to assist prospective
registrants, especially b1acks. "

Februarv 2 t9B2

estim of Abicrail Turner (Att' Mobil-e Ala. )

Fage 748t ,-Referring to the history of voting
discrimination in Choctaw County (in.Alabamars "black
beltl') and. the need f cr preclearance:J

[The Justice Department itself had brought suit in
ihe earlir sixties under the Civil Rights Act of 1957

because blacks l{ere being discriminated agai.nst in
registering to vote. The Pederal court enjoined the
county from refusing to provide assistance to black
voters that had been provided to white voters. That
was particularly the case for persons who e,tere illiterate.
The co':nty's response was enacting a more difficult
literacll test. The judge struck it clourn ag:ain."

./-l{s. Turnerrs p,repared statement describes the same

problem at p. '758.-7

Preoared Siatement:

(page 759) fnotes that
to object to a codnty's
reregist.ratj-on -- pJ-an,

of an earlier aqreement

the Justice Department failed
"reidentification " i. e.
despite the plan's violation
',.rith the Justice Departnent



more than one voter were harassed and threateneCc
r+ith arrest." ffootnotes omitted 7

voter assistance, 5

requS.rinq, i-nter Bfia, assistance for illiterates.J

From ldritten Submission b.,' Turner entitled:
'rThe Voting R,ights Act in Alabama:
A Current Legal Assessment"

(page 773) "In at least eiqht counties, serious
violations of election 1at+ have occurred rvhen

i1l. iterate or handicapped blacks have been denied
the right to have the person of their choice provide
tirem needed assistance, as provided under Alabama

Iaw. Ala. Code 5 I L7-8-29; L7-g-25. ..o rn

"t{ashington County and Pickens County in the 1980

election, and Perry County in 1978, people vrho assisted

,/ Wote that Tr:rner's testimonv rtas nostlir directed to
the need for strong section 5 preclearance provisions.
However, it Coes sholrr concertn-of the act as a t,rhole

that voter assistance be provided. 7

PrepareC Sta.tement of Ben jamin J. Hooks (Exec. Dir., NAACP)

.(paqe ?79\ /Etter noting his support for an

extension cf the bilinqual provisions:7

"For the Hlspanic adult who cannot speak or read
Enqlisl.r f luently, the right to vote has no meaning
if it cannot be used. Against this backdrop, the mere
inconvenience or costs of printing pales into
insignificance.



a!

voter assistance, 6

Since the 1975 extension of the ..Act when the
bilingual provlsions srere enacted, the political
proccsE has been opened up to many r,rho were previously
excluded and we beLieve that this protactlon ls essential
to preservs the rights of a grouP of citizenE to
particLpata fulIy ln all aspects of Arneriean 1lfe. "



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Voter Assistance,

Testimon.r of Al:icrail Turner

(page i73) ";lbsentee ballots have been the object
of continuing controversy in the Alabam election
process. Lack of confidentialitlz and inequitable
eligibility criteria \{ere two problems ivhich l{ere
corrected in 1978 by legislative action. However,

blacks continue to maintain that they have been

unfairly denied the use of absentee ballots and,/or
that they have been harassed and threateried ''because
the'/ did use them."