New Analysis Shows Norwood Amendment Expands Voting Rights Act Protections

New Analysis Shows Norwood Amendment Expands Voting Rights Act Protections

All American voters would be covered under the same Voting Rights Act protections for the first time in history under a Voting Rights Act amendment by U.S. Rep. Charlie Norwood (R-GA9). According to the latest analysis, the provision would not reduce coverage areas as critics charge, but could actually expand coverage, while providing equal enforcement nationwide.

"This latest study shows our amendment would do exactly what we designed it to do, which is to provide uniform enforcement of the Voting Rights Act nationwide," says Norwood. "We continue using strong federal oversight in areas that still need it, we stop interfering in areas that have reached compliance, and we expand protections to jurisdictions where minority voting rights are shortchanged, areas that under current rules are immune from the law simply because they were clean in 1964."

Under the new rules, areas of the country that fail to meet either one of the original Voting Rights Act "trigger" standards in 1996, 2000, or 2004 would be added to the list of areas under Department of Justice oversight, while areas that were in compliance with the VRA guidelines in those years would be released.

Under the amendment, DOJ Section 5 oversight would include a minimum 801 counties on the federal pre-clearance list, and possibly as many as 1395, with counties automatically added or deleted by DOJ after each presidential election cycle. Differences in minimum and maximum numbers are due to the unknown number of immigrants and illegal aliens within given jurisdictions. Department of Justice rules count only U.S. citizens in determining voting registration and turnout percentages. Minimum estimated jurisdictions therefore represent the maximum current estimate of non-U.S. citizens within a jurisdiction.

Under the base Voting Rights Act Reauthorization bill, HR 9, covered areas would remain stagnant for another 25 years with the same 837 counties from the last new listing in 1972.

Far from "gutting" Section 5 coverage as opponents allege, the Norwood Amendment focuses its pre-clearance portions on areas with current low voter turnout, which is the historical test under the Voting Rights Act.

The majority of Georgia's 159 counties would remain under federal oversight, with at least 124 and possibly as many as 147 counties continuing under Section 5 pre-clearance rules through at least 2008.

Some counties would likely "roll out" of coverage in 2008, while additional ones would likely "roll in" under the amendment. The additional enforcement burden on DOJ should be minimal, since the number of covered jurisdictions is not dramatically increasing under the amendment.

The Norwood Amendment would:

1. Eliminate Default Section 5 Amnesty for Current Violations through Rolling Updates

The presidential election years used to determine if a violation occurred would be updated from the current 1964, 1968, and 1972 to the most recent three cycles of 1996, 2000, and 2004, and automatically updated in the future. Areas with recent violations that are immune from federal oversight due to having committed no violations in the Nixon-McGovern election would automatically be placed on the Section 5 oversight list if they violated either "trigger" in any one of the most recent three cycles. The provision avoids the legal hurdle of automatically expanding Section 5 to all 50 states, which the Supreme Court has ruled unconstitutional, by expanding Section 5 exclusively to areas with clearly defined violations.

2. Lengthen Minimum Section 5 Oversight from 10 to 12 years

The minimum time period a jurisdiction with voting rights violations would be placed under Section 5 oversight would be increased from the current 10 years to 12 years. Current rules allow for jurisdictions to apply to be released ("bailout") from federal elections oversight after a 10-year period with no violations or DOJ objections; the Norwood Amendment expands the minimum clean-record release from oversight to three presidential election cycles, or 12 years.

3. Lower the Threshold for Section 5 Penalties from 2 Violations to 1

Currently a jurisdiction is placed under Section 5 oversight if in the 1964, 1968, or 1972 presidential elections they used illegal devices such as literacy tests and poll taxes to suppress minority voting, AND had less than 50% voter turnout or registration in any of those years. The Norwood Amendment applies the Section 5 penalty if a jurisdiction violates either trigger, instead of both.

4. Provide Clear Rules for Jurisdictions to Win Oversight Release

Any jurisdiction under Section 5 federal oversight would automatically be released if they remain violation-free for three presidential elections in a row. States and counties would no longer face extensive legal costs and attorney fees to sue for release in the District of Columbia federal court. However, any jurisdiction could be immediately placed back under Section 5 oversight for new violations of either original trigger or any other Voting Rights Act violation.

http://www.house.gov/list/press/ga09_norwood/VRAanalysis.html