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Friday, August 3, 2012

Voter ID Battle: Targeting the 1965 Voting Rights Act

The roiling legal battles over election laws passed in various states have potentially far-reaching consequences: the fate of a key section of the 1965 Voting Rights Act is to be determined.

But many Republicans are pushing for a change in this landmark legislation of 1965. I wonder why?

The landmark legislation requires the Justice Department to "pre-clear" any changes to election laws in some or all parts of 16 states, mostly in the South, because of their histories of racially discriminatory voting practices. The Justice Department recently used the mandate to block a voter identification law in South Carolina on grounds that it would harm minority voter turnout.

South Carolina has filed a federal lawsuit to overturn the decision, and legal observers believe the case has a strong chance of reaching the Supreme Court, where justices would be asked to rule on the constitutionality of the Voting Rights Act.

Texas, another "pre-clearance" state, has asked the Supreme Court to rule on its redistricting plan. A challenge of the Act brought by Shelby County, Ala. — which recently lost a ruling in federal district court — also could be headed to the High Court.

Three states, and two smaller communities in Alabama and North Carolina, want to regain autonomy over their elections, which are under strict federal supervision imposed by the Voting Rights Act to remedy past discrimination.

The complaints ask the courts to strike down the central provision in the law, known as "pre-clearance," which requires governments with a history of discrimination to get federal permission to change election procedures. Pre-clearance is enforced throughout nine states and in portions of seven others. Most of the jurisdictions are in the South.


A pivotal Supreme Court ruling in 2009 suggested the mandate — known in legal circles as Section 5 of the law — may no longer be constitutional. "In part due to the success of that legislation, we are now a very different Nation," Chief Justice John Roberts wrote in the majority opinion.

The Pew Research Center says the 2008 elections included the most diverse electorate in U.S. history, as non-whites made up nearly 24 percent of all voters. The share of white voters slid to 76.3 percent from 79.2 percent in 2004. Black turnout reached a record 65.2 percent in 2008, compared with 55 percent in 1988, according to the Pew study.
Driven by Barack Obama's presidential campaign, blacks turned out at the same rate as whites for the first time. Also in 2008, the voting rates of both Asian-Americans and Hispanics increased by roughly 4 percentage points from 2004, according to the Census Bureau.

Have circumstances for minorities has truly improved, Congress believes they haven't improved enough. In 2006, lawmakers voted to extend the Voting Rights Act for another 25 years.

Proponents of the Republican-led initiatives say their intent is to prevent voter fraud and shore up the election system. Opponents, mainly Democrats and voting and civil rights groups, insist the measures are aimed at suppressing turnout among minorities and young people, who tend to vote for Democratic candidates. The Justice Department has challenged many of these measures in lawsuits filed under the Voting Rights Act.

But you have a Republican representative in PA tell the media and a republican group that legislation to help Mitt Romney when the battleground state done. Florida former GOP chairman recently came out and said that his state party intentionally wanted to suppress minority voting.

Most notable is in Pennsylvania Republicans in a case in the Federal Courts came out to say on opening day of arguments that they don’t believe  Voter Fraud is a problem, a set back some see for their case.

I personally believe that many Republicans and Tea Party elected members want to scale back the voting rights act of 1965, so that blacks and minorities will have less power and voice in the political electoral process in America.