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Here are some other interesting voting rights issues:
Washington D.C. Voting Rights - What makes the citizens of D.C. different from the rest of the United States?

Ex-Offender Voting RightsWhy should ex-offenders be given the right to vote?

You've Got Mail- Will African-Americans lose their right to vote come 2007?

 

DC Voting Rights

Residents of Washington, DC’Äîour nation’Äôs capital’Äîdo not get the same opportunity to vote for people to represent them in Congress as the rest of U.S. residents. Back in 1790, when the District of Columbia was created by combining land from Maryland and Virginia, residents of the new district were allowed to continue voting for Congressional representation in their former states. In 1800, however, when Congress voted to take complete control of the District of Columbia, representation in Congress for DC residents ended. District of Columbia citizens have no representation in the US Senate and only symbolic representation in the US House of Representatives’Äîone, nonvoting delegate.

Pursuant to the so-called ’ÄúDistrict Clause’Äù of the United States Constitution (Article I, Section 8, Clause 17), Congress has the power ’Äúto exercise exclusive legislation in all cases whatsoever’Äù over the District of Columbia. Thus, whereas the fifty states have state legislatures, the District of Columbia has only Congress, which acts as the District’Äôs ’Äústate’Äù legislature; and, ironically (and some would say tragically) District residents have zero influence on the process of choosing the individuals who comprise this legislature. The District of Columbia does have a locally-elected mayor and city council; but all locally-passed laws must be sent to Congress for review. Congress has the absolute right to overrule decisions of the locally-elected government as well as citizen-passed ballot initiatives.

So the half-million citizens of the District of Columbia, like citizens of the fifty states, bear all of the obligations of American citizenship: they are required to obey the laws passed by Congress; they pay federal taxes; they serve in the military; and they fight and die in our wars. Yet they lack the most basic right that should accompany American citizenship’Äîthe right to full voting representation in Congress. This makes the United States the only nation in the world with a representative, democratic constitution that denies citizens of its capital representation in the national legislature. In fact, no fewer than 183 nations provide their citizens the type of representation citizens of Washington, DC are denied.

Over the years, many individuals and groups have attempted to secure voting representation for District of Columbia residents. Not everybody agrees on the best possible means to this end. A few possibilities different groups support include: (1) Direct congressional legislation. Congress treats D.C. as a state for hundreds of purposes. Congress could pass a law providing D.C. with two U.S. Senate seats and the appropriate number of U.S. House seats based on its population. (2) Amend the U.S. Constitution to provide for full congressional representation. Congress passed constitutional amendment legislation to grant D.C. residents full congressional representation in 1978, but the amendment failed to be ratified by the required 38 states. (3) Make the District of Columbia the 51st state. Congress has the authority to admit new states into the union under Article IV, Section 3 of the Constitution. If D.C. were a state, it would be entitled to two Senators and at least one seat in the U.S. House.

Listed below are some of the organizations that work on the DC voting rights issue:

DC Vote
Committee for the Capital City
Let's Free D.C.
D.C. Voting Rights
D.C. Democracy Fund
D.C. Representation Alliance for Ballot Box and Legislative Equality
(DC Rabble)
Stand Up for Democracy
D.C. Statehood Green Party
D.C. Citizens for Democracy National Association to Restore Pride in America's Capital
(NARPAC)

 

Ex-Offender Voting Rights

A vibrant democracy seeks electoral participation by all members of a community and involves citizens of all backgrounds.

Today, however, nearly 4 million citizens in the United States are denied the franchise by virtue of their status as ex-offenders. A starkly disproportionate number of minorities, particularly African American males, are thus denied voting rights. Nearly 14 percent of African American males are denied the right to vote.

While different states set different rules for enfranchisement of ex-offenders (from Vermont and Maine allowing individuals to vote while in prison, to states like Florida, Alabama and Mississippi, where ex-offenders are essentially disenfranchised for life), overall, there is a crisis in this country.

We believe ex-offenders should have the right to vote restored upon release from prison. Studies show that one of the best indicators of whether an individual will vote is whether their parents vote ’Äì and children of ex-offenders should not be put at an even greater disadvantage. State legislatures should encourage ex-offenders to become as involved in the fabric of community as possible and thus, should restore voting rights and instill a greater sense of social responsibility.

Articles and Op-Eds on Ex-Offender Voting Rights:

"Reintegrate ex-cons by restoring voting rights." Baltimore Sun Eric C. Olson and Marvin Cheatham, February 7, 2002

Resources and Links:

2001 Pro-Democracy Campaign
Includes the Voters’Äô Bill of Rights, goals of the Pro-Democracy Campaign, and links to other organizations.

ACLU 
Several press releases on the issue

The American Prospect--’ÄúRestoring the Vote’Äù

Brennan Center for Justice at NYU School of Law

Civic Participation and Rehabilitation Act of 1999

Common Cause

  • Not Making the Grade: A Year After Florida, Little Action In States On Election Reform- A State-By-State Report Card (Appendix. D: Felon Disenfranchisement Laws)

Justice Talking from NPR: ’ÄúLiberty Lost: Felon Disenfranchisement’Äù May 29, 2001
Debate featuring Nancy Northup (Director of Democracy Program, Brennan Center for Justice at NYU School of Law) and Rob Godbey (Member of New Mexico House of Representatives)

Lawyers’Äô Committee for Civil Rights Under Law
The Voting Rights Project, along with the Brennan Center for Justice at NYU Law School, and Law Offices of James K. Green, P.A. (West Palm Beach, FL) have filed suit seeking to overturn the constitutional and statutory provisions in Florida which prevent ex-felons from voting. (Includes link to the complaint.)

NAACP

The National Commission on Federal Election Reform (Carter-Ford Commission)

The Sentencing Project

US Department of Justice-Civil Rights Division
Restoring Your Right To Vote (Includes state by state information)

 

You’Äôve Got Mail: Voting Rights Myth Over the Internet  

I’Äôm sure many of you have been bombarded with email about African Americans losing the right to vote in 2007. The purpose of this article is to put that very misleading rumor in a proper context for discussion and advocacy, and focus people’Äôs attention on the specifics of what really must be defended in 2007 to expand African American political empowerment. But first we must separate truth from fiction and reveal the actual meaning of the Voting Rights Act. After reading this article please circulate it throughout cyberspace; the same fashion that the rumor was so vehemently delivered. Once we have complete understanding of this very important issue we can move the discussion to other very practical matters concerning African Americans and voting: redistricting and the census, majority-minority districts, increasing African American registration and voter turnout, voter education, alternative election systems, and felony voting rights.

Will African Americans lose their right to vote in 2007?

NO! The Voting Rights Act of 1965 along with its amendments and extensions ensures fair voting practices for all eligible citizens. Literacy tests, educational achievement and/or knowledge, constitutional interpretation tests, etc. cannot be used to determine someone’Äôs right to vote. Numerous methods were used prior to 1965 to deny African Americans the right to vote. This Act places the US government as "watchdog" over states and localities to protect voting rights of citizens. No one can be denied the right to vote because of race or ethnicity.

 What are Sections 2 and 5 of the Voting Rights Act?

Section 2 basically states that no one can be denied the right to vote based on race, color, or previous condition of servitude. This is a constitutional principle not limited to any time ’Äìframe and enforceable nationwide. Section 5 contains the temporary provision which is probably at the heart of the rumor. Section 5 applies to Alabama, Georgia, Louisiana, Mississippi, South Carolina, Texas, Virginia, and parts of Alaska, Arizona, Hawaii, Idaho, and North Carolina. These areas [called covered jurisdictions] must submit any voting changes to the US Attorney General [the Department of Justice.] These changes can include but are not limited to: changes in the location of a polling place, changing an elected position to an appointive one, changing the existing voting system, etc. The Department of Justice determines if the change dilutes or weakens the voting strength of minority voters. If so, the Department of Justice can refuse to "preclear" the change.

Why does Section 5 require extensions?

 Section 5 is a temporary provision. Certain temporary provisions were placed in the Act as a political compromise to ensure the Act would pass Congress. In 1982, the Act was amended and Section 5 was extended through 2007. By this date Congress must decide what to do about Section 5.

If Congress eliminates Section 5 does that mean African Americans will lose the right to vote?

NO. If Section 5 is not extended that means covered jurisdictions will not have to submit voting changes to the Department of Justice. However, they cannot violate Section 2 of the Voting Rights Act as well as the Constitution and relevant Amendments.

If Section 5 is eliminated can some areas use tactical measures to weaken the voting strength of minorities?

YES! But that has been an ongoing issue since the act was passed over 30 years ago. Rather than literacy tests and poll taxes, some areas challenge majority-black districts, change elected positions to appointive ones, transform district elections to at-large elections, etc. These measures have proven to weaken the voting strength of minorities and are the main cause for litigation. Remember, Section 5 mostly applies to southern states. There are many other states not under Section 5 mandates. If Section 5 is not extended it can become a serious issue for African Americans in the struggle for fair voting rights, but it will not result in the loss of voting rights.

What can be done to keep Section 5 active and alive?

Know your representative and his/her stance on voting rights issues. Feel free to call, write, email, etc. your representatives in Congress and stress your concerns over extensions to the Voting Rights Act. Stay abreast of voting rights issues in your community. The battle over redistricting will begin soon after the 2000 Census. Get involved! If you feel that a change in voting practices or procedures in your community will weaken the voting strength of minorities contact The Department of Justice, voting rights organizations, civil rights groups, and attorneys to discuss the issues. Many of these organizations are nonprofit and provide free litigation services.

What can we focus on now to expand African American political empowerment?

There are many issues which affect African Americans and voting rights. It is vitally important that we participate in the 2000 Census. The census is relevant for enforcing compliance with the Voting Rights Act, and employment, housing, lending, and anti-discrimination laws require accurate census information. Related to the census is the issue of redistricting which involves states redrawing their congressional district lines based on the number of members they send to the US House of Representatives. The manner in which a district is redrawn can determine if minority candidates can win elections in those districts. Alternative election systems like cumulative voting, limited voting, and choice voting have helped minority candidates get elected in a number of areas in the United States. Many of these systems have been the result of voting rights lawsuits where at-large voting systems weakened the voting strength of minorities. Restoring the voting rights of ex-felons is especially important given that presently over 13% of African American males [ex-felons] are prohibited from voting. States have made it extremely difficult for ex-felons to regain their voting rights. Of course other issues like voter registration, voter education, and turnout are vitally important to African American political empowerment.

Fred McBride is the Southern Regional Director for the Center for Voting and Democracy.

 
 
 
 


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