Youíve Got Mail : Voting Rights Myth Over the Internet

Iím 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 peopleís 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.

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 someoneís 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.

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 ñframe 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.

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.

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.

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.

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.

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.