Transcripts For CSPAN Hearing On Voting Rights 20220905

And other written materials that members want to offer as part of the hearing today. I also have unanimous consent that are policy from georgia be allowed to participate, and will be permitted to ask question should a member yield their time. Without objection, so done. I will ask all witnesses and members to mute your microphone to prevent feedback and other technical issues when youre not speaking. You may unmute any time seek recognition. I will not recognize myself or an opening statement. Earlier this past week, the nation commemorated the birthday of dr. Martin luther king on saturday. Many public figures gave speeches and statements to honor his legacy and some went further to talk about civil rights and how to make us a better nation. We must secure the rights that he fought for for oppressed people, the right to vote. Yes, he was for the right to organize. And have workers compensated. Recognizing being part of a union. And he was for health care is a basic civil right and for peace, and for equitable treatment of all people, but the right to vote was a fundamental linchpin upon which it all rests. In his 1957 speech in may, he said, the denial of the sacred right is the of our highest traditions. Our most urgent request is to get the right to vote. Give us a battle and we will no longer have to worry the federal government about our basic rights. In may of 1957. 65 years ago. And that applies today, exactly as the moment you made the speech. As large segments of our natio governing classs get ready to retreat from what has been a longstanding bipartisan commitment to protecting multiracial democracy since the enactment of the Voting Rights act of 1965, it is impossible to think of the Voting Rights act without thinking about our collie, john lewis. John was beaten in the first march of selma and almost gave his life for the right to vote. Martin luther king was there for the second march, to make sure it was successful. When people went to selma with john lewis for the march, fors memory of the march, people went and were touched. They spoke about it. How they went with john lewis to selma. And some of those same people voted not to continue the Voting Rights act. An act to give his name for. At this subcommittee, theres been 13 hearings for the last few years. Voting rights for native americans, Asian Americans, disabled americans and other historically disadvantaged groups have once again come under significant threats in many parts of our country. The extensive record we have built from the hearings show that the top laws, producing opportunities for early voting, and closing polling locations and predominantly and other things. Generally one, december 7 more they 440 bills had been introduced in 49 states in the 2021 legislative sessions. These are the most extraordinary numbers and that the center has seen since it began tracking voting legislation in 2011. Disturbingly, since 2020, we have also seen changes with administered of loss and the process to politicize the counting of votes already cast. Vladimir putin has said its important who counts the votes. In some cases, these measures some partisan actors take part or there are overturned results. The fact that the redistricting cycle was the first one without the Voting Rights act preclearance provision in effect, the results were predictable. For example, in georgia, civil lawsuits have been found challenging legislative acts, electing that they violate section two of the Voting Rights act by the nine black voters for equal opportunity to purchase debate in a political process by diluting the strength of their voters. And their votes. These maps also strip an elected official of power by targeting their districts for you limitation. In tennessee, congressman coopers district was divided into three different districts, and instead of being a district with 20 minority impact, it now is a district with 12 . And the remaining 16 are scattered through to other predominantly precincts where there will be 60 black vote and 10 60 black vote and 10 black vote 16 black vote and 10 black vote. In georgia, the redistricting plan has failed to capture the facts, but sought to remove minority voters from minority driven districts and place them in majority white districts. In texas, the department of justice filed a lawsuit to challenge the redistricting plans as well. Texas created two new majority white Congressional Districts, eliminated a latino opportunity district, and failed to create a district capturing the growth of the latino population in harrison county, all despite the growth in texas was a result of its minority populations. Well hear from Witnesses Today about many other examples, about how states besides georgia, texas and tennessee have moved district lines for federal and state offices to deny voters of color equal opportunity to be dissipate in the political process and elect candidates of their choice. Make no mistake, our nations democracy stands on the precipice. We can talk all we want about the Founding Fathers, but they are turning over. We find ourselves in this position not only because of a procedural anachronism in the senate, but because of one of the Major Political parties has chosen to reverse strong voter rights protections. Its chosen political suppression as a political strategy. As recently as 2006, congress was able to have a bipartisan vote with 980 in the senate and 16 senatorsthe Voting Rights ac. 39033 in the house. Over 101. President george w. Bush pushed for the passage and he signed it into law. Now it appears that many on the others out of the aisle have come to the conclusion that it does not pay politically to protect Voting Rights. They want power at all costs. True multiracial and multiethnic democracy is a threat to them. It is as dr. King put it two generations ago, a tragic betrayal of the highest mandate of our democratic tradition. We now face an ever narrowing window to save our democracy. We saw that door shut pretty close in the senate, where it was two votes short. Beginning an extraordinary process to allow it to continue and 52 vote short of the unanimity we saw. Let us hope that there is a crack in the door, the light shines in through a crack. I would like to recognize an opening statement, the Ranking Member today is a gentleman from texas, is to roy. And i recognize him for his opening statement. Rep. Roy i am indeed substituting for mike johnson who has a conflicting hearing. I he is apologetic he cannot hear it. He will be joining a little bit later. You know, look, we are all here with our own concerns about what we saw happened last night. And after last nights failure in the senate here we are again. This will be the seventh hearing that the subcommittee has had with the democrats race baiting election bills. The hearing will use state redistricting efforts to continue to advance the false charge of Voter Suppression and threats to democracy, that is what we will hear today. There will be cries that partisan gerrymandering conducted by both parties, always by both parties and racial gerrymandering when conducted by the gop. They are all about the letter of political power because that is what gerrymandering has been. We can talk about how to make districts more compact or better represent the people, but this is all about political power and using race for that purpose but that is not what bothers me because that is what i am used to. It is the cynical use of racial fear armand fear mongering built on lies about anything past the state level. After last nights failure in the senate, another failed attempt to defend massive legislation as democrats youre laterally jam it through the house multiple times specifically designed to thwart fully legitimate state reforms for ballot and election integrity. They will lie and claim that these attempts to designed to suppress voting which is not what they are about. For example, Speaker Pelosi said that republicans voted to aid and abet the most Dangerous Campaign of Voter Suppression since jim crow. This is outrageous. It was doubled down by the president last night talking. This is a purposeful Misinformation Campaign. I my democratic colleagues and the democrats of the administration to lie to suggest that opposing the following is Voter Suppression, requiring voter identification, ballot harvesting, third parties having undue influence or control on a ballot, limiting mailin ballots to requested ballots and requiring ids to use them. Not having all night ballot drop options and that was the charge that i was in. Having fewer early voting days compared to another state. That is the basis of all of these charges and these things are somehow Voter Suppression. Let Misinformation Campaign is designed to make americans leave that they are for protecting Voting Rights. They use that term on purpose, Voting Rights because who could be against Voting Rights. For example allow me to quote from an acclaimed history of law experts. In the last year some 20 states have enacted dozens of laws that restrict voting access and allow local officials to interfere inappropriate with and appropriately with federal Election Outcomes. Motivated by the recent elections conducted with integrity, these state laws need to secure partisan advantage by eliminating reliable practices with proven state guards and substituting practices right for manipulation. No doubt the famed expert spent the weekend reading the federal legislation because i got the stefan hopper case bill at 11 30 last thursday night before voting on it on friday. That was right before we got the rule. I assume that they read it over the weekend and that is what they stayed up to see what was in the bill. I assume too that they know for example that the bill would lead to completely outlawing or eliminating voter identification. That they know that four in five american support required voters to show voter identification to cast a ballot. I know my colleagues are fine with having to show voter identification with vax cards. Do they know that delicate delaware and connecticut require photo or nonphoto id. I am certain that they have studied the intricacies of texas law before disparaging it. I am sure they spent time looking at it or studied the Georgia Election law and at least that is little better then studying the university of georgias offense. Do they know that 17 days of early vote voting are in georgia and that President Bidens home state only has 10 days. Are we looking at delaware . This puts delaware on par with texas which still has more than maryland, eight days. Your, nine days. New york, nine days and then zero days, connecticut. Georgia has no excused absentee voting. Joe bidens home state of delaware requires an excuse for absentee voting. I am fine with delaware having that option, it sounds reasonable to me. Does that make delaware the target of this committees wrath. You do not hear them complaining about delaware. You do not see the bringing delaware to court or the department of justice suing marilyn for their district maps in which larry hogan called the nations most gerrymandered map after the state legislator legislature overrode the veto. Why did they do this . They had to claim Voting Rights are being violated and they know that they are violent there violent agenda where cartels are empowered and china is on the back are on the advance and Vaccine Mandates are crippling jobs, kids and businesses in russia is potentially invading ukraine and all that is being respected by the American People. It is more important for americans to vote. And democrats are trying to destroy the filibuster on a partisan basis to do the following, totally prohibit the use of voter identification, require states to allow felons to vote, create permanent paper valid belt requirements, use taxpayer dollars for political campaigns and i can go on and on. My democratic colleagues are not interested in baiting policies to help freedom, but rather to sew fear. President biden said yesterday i am not saying it is going to be legit. The increase in the prospect of illegitimate is in proportion to us not being able to get those reforms passed. Further it all depends on whether or not we are able to make the case to the American People that this is being set up to try and alter the outcome of the election. Senator schumer knew that he would not pass this bill and the purpose is not the legislation, it is to delegitimize elections ahead of the game and potentially divide the country. It was four years of russian collusion and that we are setting up a narrative to use race baiting to create a toxic environment to delegitimize a possible gop majority and we should be better than that. I yelled back. Reppo cohen repo is that dan hogan . Rep. Roy it is, i grew up in texas and i played college ball golf and hogan sponsor does. Rep. Cohen i saw him when i was 10 years old in memphis. He was a great golfer. Thank you. Now my pleasure to recognize the chairman of the full committee, the general and of new york who might have a picture of why details somewhere. Rep. Nadler unfortunately i do not. Thank you for sharing this hearing. This comes at a critical point in our history. For the past several weeks the Voting Rights have almost been exclusively focused on standard procedures. It is critical to remember that while the Senate Negotiates changes to its procedures, texas, North Carolina and ohio continued their assault. A distillation to vote in Fair Elections fee free from Racial Discrimination faces was obstruction from republicans in the senate. On ron ackley they are so intent on blocking legislation to strengthen democracy that they will not even permit the vote most basic democratic active majority vote. This this disregard for core values no longer surprises many of us. Until relatively recently both parties shared a commitment to supporting the Voting Rights act, as President Biden pointed out in his recent speech. The senate voted 98nothing to reauthorize the Voting Rights act in 2006. And then the chair of the subcommittee and i presided over thousands of hundreds of hours of hearings to make the record. 16 republican senators voted to reauthorize the act and those still serve in the senate. Now they stand firmly in opposition. Here in the house, we joined our former chairman and Ranking Member john conyers to lead efforts to pass this authorization overwhelmingly by a vote of 390 33. President george w. Bush signed into law. Sadly it seems like ancient history now. As the threat of Voting Rights evolved decades after the initial adoption, congress continually updated and reauthorize the law on a strong bipartisan basis with less discriminatory attacks on the right to vote. Section two which will be the primary focus was amended on a bipartisan basis in 1980 two to address attempts by states to dilute the strength of minority voting power through the redistricting process and other changes to the methods of election. As you will hear from our witnesses, both dilution efforts remain a critical threat as certain states seem to call see to coopt the redistricting process. These attempts to dilute the votes cast by minority offer voters along with state and local officials would manipulate the composition of local election boards or otherwise change laws related to administration of elections. Our sediments here and the remarks by mr. Roy who said that many states have harmless laws. How in georgia, for instance, and other states, are precincts and drop boxes are deliberately being reduced in minority areas so as to reduce long lines, and then they make it a criminal offense to offer a sandwich or a drink of water to someone waiting in line. Gerrymandering is justified as political rather than racial gerrymandering. And yet we see as the chairman noted the racial motivation and impact to the gerrymandering. The potential fear of these changes to voting procedures remain in place and it is a serious reduction of minority voting strength and the reduction of black, latino and other minorities in participation of government. A government that does not accurately reflect the participation of american voters, allamerican vos are and allamerican voters is no true democracy. Congress must must do what they have done previously and in the decade since 1965, update and strengthen the Voting Rights at to ensure that all americans can vote and participate in the democracy. If this time we are met with total obstruction the problem is not one senator from west virginia, it is the political party, the Republican Party giving into cynicism and adopted the worst arguments of those who oppose the passage of the act, all to game some marginal gain some gain some marginal political opinion. A republican boldly admitted his position in open court in response to a question from Amy Coney Barrett about why he had an interest in defending strict voting restrictions, he commented that puts us on a competitive disadvantage relative to democrats. Politics is a zerosum game and every extra vote they get arguably hurts us. He wants to weaken Voting Rights because it will help them win. If we are to remain a true democracy we must resist attempts to poison our election machine with partisan interest. And disenfranchise minority voters and stop attempts by states to deny or dilute the votes by americans because of their skin color. Our constitution and our values command no less. I look forward to hearing from our witnesses and yeild back the balance of my time. Rep. Cohen thank you. I will remind everybody that we are taking votes now so if you are not in d. C. Or at the capitol you want to make sure that you cast your proxy vote. Well, it is time for you to give your and now we will go to witnesses. We welcome the witnesses on both panels and thank you for participating. I will introduce each and after each introduction we will recognize that witness for his or her oral testimony. The written statements will be amended to the record in its entirety and i ask you to summarize in five minutes. There is a timer in the zoom view visible on your screen. It is not visible on my screen but hopefully it is on yours. Before persuading it could be visible on my screen. How do we do this . I do not know. More, background, filters . Too complex for me. Before proceeding i would like to remind witnesses that you have a legal obligation to provide truthful testimony. The false statement of the prosecution is illegal under law. Our first witness is mr. Wade henderson. He has been a witness and has been fighting for civil rights my entire career in congress. He has a champion, the president and ceo of the Leadership Conference for civil and human rights and previously lead the organization for 20 years. The Leadership Conference is a coalition of 200 civil and human rights organizations. He graduated howard and the road for University School of law. Mr. Henderson you are recognized for five minutes. Mr. Henderson good morning chairman. Ranking member roy, former Committee Chairman nadler and members of the subcommittee, thank you for the opportunity to testify on the most pressing issue of our time, the freedom to vote. This morning we find ourselves in an extraordinary moment. Last night the senate deliberately devastated delivered a devastating 12 punch to our democracy. First the motion to end debate which requires 860 vote majority failed to bring to a final vote the freedom to vote john r. Lewis act and then an attempt at filibuster reform to ensure the eventual passage of the bill was defeated. Every senator had a choice to make, whether to save our democracy or surrender it, and in a deeply disappointing outcome the senate voted to surrender. Members surrendered our democracy to state and local legislators across the country who would take us back to a world which we called jim crow 2. 0, a world of exclusion, control, and inequality. Members surrendered to those who stoped their partisan base stoked their partisan base against rage and then incited violence against is very body and to those who wrongly challenged Election Outcomes and threatened Election Officials and their families. If ever there were a moment in history that we needed our leaders to unite to preserve our most fundamental principle of participatory democracy, this was it. By leaders, i mean all senators from both parties. We not only called upon Democratic Senators to defend our democracy, we called upon republicans too. The Voting Rights act has enjoyed strong bipartisan support since its enactment in 1965 including overwhelming votes and congress for the reauthorizations that were signed into law by republican president s four times. 16 current republican senators voted for the Voting Rights act in 2006. Yesterday we made a final plea to minority leader mcconnell to allow an up or down vote citing longstanding republican support and reminding him that it was republicans, not democrats who passed the 14th and 15 amendments to the u. S. Constitution. Last night these senators failed to meet the moment. Their refusal to allow the john lewis built to even come to a vote shows how far that their party has fallen. Yesterday was a devastating day for our democracy, but as dr. King says change does not rule in on the wheels of inevitability, but comes to a continuous struggle. I want to assure you that the struggle continues. The Civil Rights Community is not backing down from the fight. Our elections, the officials who operate them and the voters seeking to participate are all under relentless attack. We are also in this fight for them and we will fight until we win. Nine years ago the u. S. Supreme court gutted the Voting Rights act in Shelby County versus holder. In its ruling the court invited congress to update the formula for requiring certain states and jurisdictions to bring clear voting changes to ensure that they do not discriminate. It was members of the House Judiciary Committee who took up the invitation to resolve which resulted in that. I want to thank the committee for their leadership and developing the congressional record with evidence of voter discrimination and taking seriously the obligation to restore the Voting Rights act. The Leadership Congress conference published 13 state reports that documented the pervasive, persistent and nature of the modernday voting discrimination just as the Supreme Court instructed. We documented how the floodgates opened on the very day of the Shelby County decision. Mere hours after the announcement, North Carolina passed its monster antivoter law which was later struck down by the Fourth Circuit court of appeals for targeting africanamericans with almost surgical precision. Texas was not far behind with its own restrictive bill that a federal court ruled was intentionally discriminatory. We documented how this assault on democracy has only grown in momentum since the 2020 election. The big lives lies are fueling the actions of state lawmakers or using the absence of federal voting protections to pass one restrictive voting law after another. A classic example is arizona which last year drastically limited voting by mail, the voting method of choice at 80 of arizonans complying with record breaking changes or closures at polling places. They now have fewer opportunities to vote. We are also seeing frightening attacks on Election Officials and poll workers, interference with impartial elections and challenges to Election Results and voter dilution through gerrymandering. Rep. Cohen we need to wrap up. Mr. Henderson thank you. We lost the battle last night but as our hero stood before us we will fight on until victory is won, because we have no other choice, the democracy demands it and thank you for the opportunity. Rep. Cohen thank you mr. Henderson. I cannot help but continue to think about dan hogan at times when charlie was not even able to play on the tour and charlie was relegated to backseat tournaments and like the hartford open in the wing nuttery state. I would like to recognize recognized art with our next witness who is the president and director of the naacp. A position that she has held since 2013. When she is held led the lds and cuttingedge and urgent civil rights issues decades with decades long leadership fighting Voter Suppression. This is an equity and education and Racial Discrimination in the criminal Justice System. She first joined in 1988 and litigated Voting Rights cases before leaving to teach constitutional law and civil procedures for the next 20 years at the university of Maryland School of law. She received her undergraduate degree from nasser. She will be recognized for five minutes. Good morning. I am the president and director council of the naacp Legal Defense and Education Fund. I have had the honor before appearing before this committee in the past to talk about the need for voting legislation to protect the rights of all americans especially racial minorities, but i have never spelled the sense of urgency that i fear that i feel appearing before you today. Last night the u. S. Senate failed to find the will to push past nrk rule an arcane rule. This increases my reserve. This country is in a state of democratic crisis. At this very moment states are drafting, passing and implement laws designed to create insurmountable barriers to voting. Those barriers target principally at black and latino voters, native american voters, disabled voters and students including laws to restrict early voting, absentee voting and the use of ballot drop boxes. The ad the insult of making it a crime to provide water or refreshments for those who have to wait up to nine hours to exercise the right that the Supreme Court has said is preservative of all rights. Laws will are being considered to leave lacking latino voters open to the intimidation that we saw on the rise in the 2020 election. Governor of florida announced a plan to create an Election Police force, answerable to him. Even more alarmingly states have passed laws that give partisan legislators control over the outcome of elections no matter the most the votes cast. Election officials from secretaries of state to vote counters have experienced a sharp rise in threats to their lives and to their families. Scores of expert nonpartisan Election Officials have resigned from Office Rather than ask danny then continue exposing their families to danger. Since last spring ldf have sued florida, georgia, and texas to reverse voters suppression laws targeting our communities. They have survived multiple attempts to prevent clients from seeing their day in court, showing the seriousness of our claim and we are suing alabama and South Carolina from drawing from state legislative maps that undercut black voters chance to elect candidates who will speak to their concerns. Alabamas map is akin to one person, have a vote for that black community. We cannot litigate our way past this thread. Others like black voters matter, the league of women voters are organizing and registering voters on the ground that we cannot organize our way past this threat. In the past it was congress to the Voting Rights act that ensure that we had strong tools. In the Supreme Court weakened those tools in Shelby County versus holder and in this past summer. And this is why Congress Must act. Do not be fooled by the dust by those who call it a federal state over of state elections. That is what the Southern States that about mandatory segregation desegregation. The problem is not with democrats or with the constant but with the constitution itself. That gives congress the power to control amendment the time of elections. And also enforces the equalities and voting. You have the authority and responsibility, and that constitutional power must outweigh allegiance to any congressional rule, particularly a rule that has been most often most often been used to stop civil rights. Early voting for the texas primary starts in seven days and black and brown voters will be headed to the pole with a shredded shield facing the restricted laws without federal protection. Added to this we are halfway through the first redistricting process without the full protections of the Voting Rights act. States like texas and alabama have seen population growth driven entirely by people of color that have already drawn maps to that failed to increase representation for those people or send it back. And not just at the congressional level but judicial, school board, and county commissions. One experts assessment, people of color are getting shellacked. Black and brown americans have faced the greatest assault on our Voting Rights. Help now bypassing the freedom to vote Voting Rights act and civil Rights Groups will not stop pushing for passage and love estate and legislation. Historians will look back at this moment and ask the question did we act when we had the chance or squander our last best hope to protect the freedom to vote and save our democracy . Thank you for the opportunity to be here . Rep. Cohen thank you for your important work. Our next witness is the president and executive director of civil rights under law. He has 20 years of civil rights led litigation and policy experience. He has held various positions in nonprofit and philanthropic sectors. He has spent a decade in the Legal Defense Education Fund and is the author of numerous lawn log review articles and the book structuring legal reforms. He received his jd from the university of you are recognized for five minutes. Thank you chair, vice chair, Ranking Member johnson and mr. Roy. Members of the subcommittee, my name is david human damon humate q8. I appreciate the tent the chance to testify about the serious ongoing threat that Voter Suppression and election subversion proposes to black and brown voters and our entire democracy. I join my fellow panelists in sounding the alarm about the urgent and substantial dangers that we face do to the failure to adequately protect the fundamental right to vote, particularly in people of color, indigenous people, low income, senior citizens, students, and people with disabilities. Fueled by the big lie, Voter Suppression bills have spread like a cancer over the past year. More brazen and violent efforts to subvert and overturn elections have gripped the nation. We have seen the efforts and litigated more Voting Rights cases in the past decade then the u. S. Department of justice including pending cases in states like georgia about Voter Suppression and redistricting cases in those states and illinois where we sued mr. Roy and challenged democrats for their attacks on a boating community in st. Louis. We hear from voters from our nonpartisan voter running effort. Immobilized tens of thousands of volunteer attorneys and directly assist allies assisted a quarter of million voters through our hotline as they cast their ballots through the global pandemic. We also represent u. S. Capitol Police Officers in a civil rights lawsuit against those responsible for the violent capital insurrection. The Voter Suppression efforts and the violence we saw on january 6 share a common thread. These are deliberate acts by desperate people, those hellbent on silencing black, brown, young people, senior voters who turned out during the 2020 election all in the effort to maintain partisan power. The Supreme Court admitted section four which enables section five and in the absence of preclearance many states with no recent record of discriminating against black voters have enacted harsh Voter Suppression laws and devised new mechanisms to hijack electoral processes, measures that immediately go into effect. In the past year alone we are seeing bill that impose strict signature requirements, adopt restrictions on how and when ballots can be delivered and also closing polling place locations in some cases and reducing them down to one in the county, laminating voting hours and shortening the early Voting Period. Georgia is a prime example which helen butler will testify later about in this proceeding. It is important to note that georgia also enacted legislation that reconstituted several county election boards including places like morgan, and Lincoln County, purging black members. These are not just death by 1000 cuts, they are interspersed by gouges and gashes that we believe are antidemocratic. The amounts are they are Voter Suppression because they target the means of voting most popular with those in color even those that became popular during the pandemic. They are specifically designed to make it harder for certain people to vote, which is why we have alleged potential Racial Discrimination but not legislation. States like georgia do not want to prevent people from voting from voting, they want to prevent any accountability for their actions and hence the takeover of local election boards. In the absence of section five to stop this kind of election, voters are left with less effective remedies. We heard one senator pointed litigation under section two and elsewhere as an indication that the Voting Rights act has some power. We believe it has power but let us be clear. Section two is not an effective substitute for section five. It is more data intensive, timeconsuming and expensive and it takes time for the courts to actually render a ruling. By the time courts provide relief sometimes the damage is already done as i have indicated. Without section five preclearance or robust standard which itself was made cloudier by the Supreme Court decision, we are in a pickle as a nation and a crisis as a community and we must address this together. Congress must pass the freedom to vote and john r lewis act to strengthen the voters rights provisions. This hearing comes five days after what wouldve been the 93rd birthday of the reverend Martin Luther king jr. Voting is a Foundation Stone for Political Action and with it we can vote out of Office Public officials who barred the doorway to does to decent housing, public safety, jobs and decent integrated education. I believe that is what some people are afraid of, that the vote is powerful and will be used by black and brown voters and other voters of color or marginalized by Voter Suppression. Make no mistake, congressional action or obstruction or inaction in the face of these outrageous attacks on democracy as the moral equivalent of complicity in the acts themselves. Thank you for your your time. I will rely on my remarks for the remainder of my time. Rep. Cohen i apologize i understand i in collector i and corrected the incorrectly referred to that fund. Thanks you for your work. Our next witness is a witness who has been with us before, the distinguished president of the Mexican American legal fund, which he has held since august 2009 and he was also with them for twice years and he taught civil rights litigation at the university of Southern California school of law. He teaches jv with honors and graduated summa calm latte he is recognized now for five minutes. Thank you and good morning honorable chair and Ranking Members and members of the subcommittee. I am the general counsel and as i noted i had had the opportunity in the last year or two to address this subcommittee about the critical importance of the john lewis Voting Rights advancement act and in particular of reintroducing preclearance as a powerful form of alternative dispute resolution to both prevent and deter Voting Rights violations by jurisdictions across the country. Today i have the opportunity to address the ongoing redistricting process that as you well know occurs every decade through the country. We are midway through the process but we already have some sense of what the impact of this first redistricting without the protections of preclearance will be. For the Latino Community that has shown substantial growth over the past several decades, every redistricting process is at least since at least 1981 has presented the opportunity warranted by the growth of the latino population to elect new officials who are responsive and selected by the Latino Community. This year should approve no exception. 51 of the entire country population vote in the last decade was from the Latino Community. Things are now 19 of the total National Population and has shown higher rates of growth, in particular states around the country. That opportunity that should have been an occasion through the senses demonstrated growth has not census demonstrated growth has not been realized. Although we are midway through the process and many localities are going through the process, i can now quantify in some sense the impact of the failure to put in place the john r lewis act, in particular its preclearance formulas. We are in litigation against three states, texas, illinois and as of yesterday washington about their redistricting process. I chose these three states not just because we are litigating against them because they demonstrate the lie about the assertion that somehow the Voting Rights act is a partisan tool used only against republicans. In illinois the process we challenged was entirely in the hands of democrats. In texas yes, it was entirely in the hands of republicans. In washington state, notably, it was a Redistricting Commission rather than a partisan legislature that drew the lines that we now challenge. In these three states, but in particular in illinois and texas both we saw not just the failure to create new latino majority districts in slight legislature, congress, and on the texas state board of education, but also the dismantling of districts that were already latino majority either because they were drawn that way a decade earlier or because they had developed through Natural Movement of population into being majority latino districts over the last decade. So we saw both failure to create new districts and dismantling of existing latino majority districts. In these three states we saw for the Latino Community the price of the failure to enact the john lewis act in 18 lost latino majority seats. In congress, state legislature, and state board of education. 18 seats. I emphasize that because the unfortunate nature, of vote suppression is that we often cannot quantify the impact, even at the primary level we can only estimate how many eligible voters have been prevented from registering or casting a ballot. You can only speculate about how they might have voted in the impact on the election. When it comes to secondary effects we can only guess. We know it is devastating and we can only guess at how many voters were deterred from participating themselves because a member of their family or community was prevented by Voter Suppression from casting a ballot. At the tertiary level, devastatingly we know that we can only guess at how mean people have seen cynicism about government increase because of Voter Suppression. But through redistricting we can quantify the effects of the failure to enact the john lewis Voting Rights act. The Latino Community now stands at 18 lost latino majority districts, districts that would have allowed the growing Latino Community, present in the country from its very beginning insignificant numbers since the mid1917 mid19th century and increasing in the future which would allow the community to elect candidates of choice two important legislative positions. That 18 is only the beginning because we are only midway through this process. That 18 demonstrates how critically important rep. Cohen your time has expired. Mr. Saenz the senate asked to put in place the john lewis act and the formulas embedded within it. Thank you. Rep. Cohen thank you. Our next witness, we welcome you back and we are welcoming you back again. The Public Interest legal foundation, she joined in 2021 and served as 20 years of the attorney of the Civil Rights Division of the the department of justice including a civil counsel and she was the attorney general for civil rights. She received her je from st. Marys. You are recognized for five minutes. Good morning mr. Chairman, members of the subcommittee and Ranking Members, thank you for your invitation to testify. For over 20 years i served in the Civil Rights Division in the department of justice, 18 as a voting section attorney and senior counsel. From 2000 and the Supreme Courts decision my full responsibility was to review changes in voting that were submitted for section 53 clearance. In that decision, the court made clear that only certain conditions would justify any formula for section five coverage today, and among the touchstones listed are blatant discriminatory invasions of federal decree, a lack of Minority Office holding, caps and devices devotes an voting discrimination that is flagrant and rampant. Simply put such discrimination does not my eggs in my opinion exist today. As the Supreme Court stated federal intrusion into the powers reserved to the states must relate to empirical evidence. And triggered such as many of those contained in these bills built around political and partisan goals will never withstand constitutional scrutiny. I come from a unique perspective because i did spend 20 years enforcing the Voting Rights act. Unfortunately i have learned some discouraging truths. The section two of the john r lewis voting bill would give power to the voting section in the doj. I have to tell you that that voting section is full of ideological partisan bureaucrats , employees display an open hostility to anyone that does not hold their leftist beliefs. The Inspector General report that i attached to my testimony provides many instances of bad behavior. They have a disdain for the equal application of civil rights for all americans, and furthermore there is an accepted belief that certain states should be targeted by the department in their Voting Rights enforcement. I have actually witnessed fines on attorneys doors that state mess with texas and after the Shelby County decision extinguished the second the section five abilities the company line was if we could just get a case of intentional discrimination by the state of texas we can ask we can request Section Three coverage and that will be enough work to keep everybody busy. The section has a long list of biased lawyers for improper collaboration in revealing section five submissions. If you want to know how georgia was targeted, one might look at the case of johnson versus miller and i attach the opinion and i encourage everyone to read it. They came the court sanctioned voting section attorneys 94,000 for their egregious behavior in collusion with an attorney from the aclu. The department had twice refused to preclear a redistricting plan by the state of georgia for congressional offices. After twice refused to preclear they demanded that georgia submit a plan containing minority representation. On the third attempt georgia push forward a plan that had been submitted by an aclu attorney and recommended by the department. Unfortunately for georgia years later the federal court found that the plan violated the 14th amendment and it was because it was drawn for race reasons only. Essentially the state of georgia was denied plea preclearance of its plan until it was browbeaten by the department of justice to accept a plan that clearly violated the 14th amendment. There are common provisions for the Voting Rights act which is section two which prohibits discrimination and provides the doj with the ability to challenge election procedures. It is worth noting that until this year they have only brought four sections of violations since the shelby decision. Lastly these bills ban state photo ideas ids despite overwhelming support. They require sameday legislation, recognition of Coalition Districts and the ability to verify eligibility and remove ineligible voters and require online voter request registration and automatic registration, require the restoration of felon Voting Rights and taxpayer money to fund candidates. These are just a few of the provisions. These accomplish three things, 1, overturning several Supreme Court precedents. 2, damage the integrity of our elections. Finally, they impose unconstitutional mandates on the state. Thank you. Rep. Cohen thank you. Our next witness is mr. T. Russell noble. He is a senior attorney for judicial watch. From 2005 to 2012 he served as Trial Attorney in the u. S. Department of justice including in the Division Voting section. He was a legislative assistant from a member of House Financial Services committee. He received his jd from the school of law and the ba from the university of mississippi. He served as law court to the Supreme Court of mississippi. Mr. Noble you are recognized for five minutes. Thank you and good morning. It is an honor to be back before the subcommittee. In 2008 the Supreme Court upheld the constitutionality of voter idea. Following that was a rush by advocacy groups saying rampant discrimination. The claims usually involved allegations that common sense election registration such as voter id and longstanding regulations disenfranchise minority voters. Such allegations against new intensity after the Supreme Courts Shelby County ruling. Following that many advocates revive their approach claiming that alleged Voter Suppression could only be stopped if congress would pass new legislation that abandoned its 230 three years of constitutional tradition and had the federal government rather than the states assume control over elections nationwide. In an address to rally support, the proponents described in your dystopian type world where minorities have no right to vote and even going so far to term to coin the term jim crow 2. 02 describe election regulations. More recently they smeared people who do not support the federal takeover the election as long supporters of jefferson davis, George Wallace and bull connor. Everyone know what jim crow enjoy involved, it was a statesponsored oppression and much worse. It is a uniquely dark period with you parallels. For that reason it is mystifying that some serious advocates would smear common sense election regulations as jim crow 2. 0. It says that they do not understand jim crow or election regulations. It is not a brand or Software Period as i have testified before, minority registration and turnout not hyperbolic soundbites tell the true story of Ballot Access. It shows that Racial Disparities have been dramatically reduced and in many cases eliminated. This is something we should be proud of despite opponents never mentioning it. The fact is that minority participation during the 2020 election was higher nationwide than during the actual jim crow period in 1965. Tennessee, chairman cohens home state black registration exceeded that for whites which is hardly jim crow and the same is true in mississippi. Previously jim crow mississippi had an astonishingly low 64 registration rate for blacks. Ballot access has improved over the last 15 years despite lidless Voter Suppression claims. Minority registration and turnout has increased and Racial Disparities have decreased. The reality is that it is impossible for anyone to racking that to reconcile largescale Voter Suppression claims with ballot statistics. Despite the near ceaseless claims of Voter Suppression, there is woefully inadequate Popular Support in favor of a federal takeover of elections. It is hard to imagine or find more support for federal lysing elections to be overseen by a federal agency that has the cdc, irs, Postal Service or even the doj. Improvements to Ballot Access statistics occurred even while numerous states implemented allegedly suppressive voter id policies. In fact, concerns about allegedly suppressive voter id policies have failed so spectacularly that voter id now enjoys near universal National Support with recent polling estimating 80 of american supporting it. There is an undeniable disconnect between todays Voter Suppression narrative and reality, which explains why there is adequate Popular Support for federal lysing elections. Until this is resolved the john lewis act and the freedom to vote act will remain remedies in search of a problem. Thank you very much for the imitation to testify and i look forward to answering your questions. Rep. Cohen thank you i do remember you of your Previous Year from our previous hearings. Can you remind me of how you pronounce your name . Mr. Nobile like mobile alabama, but with an n. Rep. Cohen somebody noticed that i move my chair and i did that for a purpose. Mr. Henderson will understand why. I am underneath Edward Dirksen who looks frazzled and upset. He led the closure to pass the civil rights hero, the first time a clouture ever succeeded and he was a republican minority leader and he was the prime sponsor for the section five Voting Rights law that passed with the civil rights bill, the only no votes on the bills where the southerners who resist change forever, but he is a great senator back in the day when republicans were true to their original founding and had always been for civil rights. Now i can recognize mr. Gary johnson, president and ceo of the naacp something that he has held since october of 2017. He served on the board of National Directors and is president of the Mississippi State conference. Mr. Johnson received his degree from his undergraduate degree from timberline college in jackson, mississippi which was also i think Bennie Thompson might have gone there but i am not sure. Mr. Johnson, you are recognized for five minutes. Mr. Johnson . You might need to turn on your microphone. Mr. Johnson that is important, can you hear me now . Good morning chairman nadler and cohen, Ranking Members jordan and johnson, thank you for the invitation to testify about the efforts to rep. Johnson rep. that is important you can hear me now. That is exactly right. Thank you for the information vote john r lewis. The son of the state of mississippi. It has been my home for the last 30 years. I live and work in the heart of the state where so many civil rights were formed. It was in mississippi my predecessors served in the state conference and gave his life for the cause of Voting Rights. It was in mississippi where people of all races, religion, and creeds 50 years ago among them where individuals such as hollis and you list are simpson who worked with who is in mississippi where some of those were executed by whites as primitives white supremacist the sacrifice made this country a more Perfect Union but the danger they struggled against disappeared. Instead it festered under the surface and is now spilling back out in a toxic soup of White Supremacy. We are facing black voters by a former state governors and federal and state legislators with complicity of the Supreme Court majority that has abandoned its duty to uphold the constitution for 10 black voters and black citizens right to vote. We saw this in mississippi where in acp documented an Alarming Number of in 2020 for example an increase visible presence. Black voters were purged from voting rolls and forced to vote without certainty that their vote would be confidential. Predominant black neighborhoods forced many to choose between at the state and local levels in georgia. Without the process of section five that would have prevented many of these discriminatory voting laws and discriminatory plans from taking effect. According to the senses, georgia is one of the top stock top five states gaining litigation in the nation. With black people accounting for 12. 5 the latin American Population 42 and the asian population 52 . And by contrast georges white population decreased by 4 . The electorate has undergone significant demographic changes with increases in the percentage of lack georgians and other georgians of color registering to vote and participating in voting and utilizing mail voting and early voting for casting their ballots for all elections. These changes have resulted in corresponding political changes as we saw with the historic election of our first black u. S. Senator rafael and jewish senator john also. Drastically altered the process by which voters apply for and receive absentee ballots for mailin voting. And it placed new restrictions and severe penalties on Public Officials and nonprofit groups like mine. For providing absentee ballot applications to voters who need them. It outlawed nonprofit organizations for providing water and items to voters who stood in long lines waiting to vote in polling locations. And other restrictions and penalties. At the same time, sp2 or to Election Officials schedule timeconsuming hearings even while administering elections. And only giving voters three days notice to respond and that notice was by mail. Oftentimes, meant that they would have to, leave their jobs or School Commitments and not be able to attend to defend their right to vote. Just last night, the people stood and other organizations were in georgia with a large landmass that no Public Transportation and about 6000 registered voters for a board of elections meeting where the board was planning to vote on a proposal to close all seven of the countys existing polling places and replace them with a single Voting Center in a gymnasium located on a two lane country road outside of the main downtown is this and Residential District in the city of lincolnton. This puzzle came on the hills of new restrictions heels of new restrictions as well as another bill signed by governor camp in 2021. That reconstituted the Lincoln County word of elections to ensure that the Majority Party would have control over the ointment of the majority of the members of the board of elections. In an effort to stop this from this change from happening the peoples agenda and our partners presented the board of elections with a pretension under georgia law which would prohibit the county from moving forward for price changes if 20 of the voter from the precinct sign the petition. The petition we submitted made a threshold for three of the seven precincts. Ms. Faulkner your time is up. Sorry. Ok. What i am saying to this is that we really need the full force and the passage of the freedom to vote john r lewis act to ensure the protection of the right to vote for all americans because we stand in imminent danger of having our rights denied in greater numbers. Please act now like our Voting Rights and democracy depend on it because it does. Thank you ms. Butler. We appreciate your testimony mr. Garcia, he is next. On our agenda. Mr. Domingo garcia. Is he here i think he is having technical difficulties. So, he is to represent the u. S. Latin american but he is not available because of technical difficulties. So thank you for go to a five minute questions and i will begin by recognizing myself. First, i went to put another historical footnote behind as a historical. It is a great one day but the civil rights voting act we had in 2006 was named after Fanny Cesar Chavez and other great leaders. Civil rights leaders in our committee of georgia. I think it is appropriate at this point, that i yield the remainder of my time to him who knows what george is doing for redistricting you are recognized for the remainder of my time. Thank you so much chairman cohen and congressman reston and all the members for allowing me a moment to address the committee today. In recent years, arguably longer, my home state of georgia, my district has been the poster child for state Voter Suppression. And the state has repeatedly thought to suppress the voices and the will of millions of georgians particularly applicant americans. Sadly, Voter Suppression is not just a georgia issue as we have said today, but it is rampant across the south and increasingly and many other states in our great nation. Voter suppression is just not a racial issue, it is an issue of democracy. Efforts to support suppress the will of the people are attempts to suppress the promise of democracy that was intended for our nation. And when not all americans are guaranteed the capacity to fully exercise their right to vote, and when votes are diluted as we watch is happening all over america, we weaken our countrys ability to live a live up to its pool live up to its full potential. This congress has a responsibility to and must past elling rights Voting Rights legislation. And as mlk has said in the past and i repeat he said we are in the fierce urgency of now. Thank you so much for allowing me a moment and i yield back the balance of my time. Rep. Cohen you are very welcome ms. Butler, people have said, certain states like delaware got less early voting then georgia. Tell us some of the things that georgia has done to suppress peoples right to vote why is this important for the people of georgia to vote. They are making it more difficult to for people to exercise their vote by mail. They are requiring their photo ib id to be cemented with their application. Not be asking about that because a lot of people have voter id and all but for absentee ballot what do you have to do take a picture and send it in . If you do not have a george or georgia drivers license or state id, not even the free voter id you get from the state, but a state id, then you have to provide one of the other pieces of id like a copy of your utility bill or some other piece of document that proves your name and address. To do that, you have to have the capability of making copies. Well, as we were in acton county yesterday there is not a fedex center there is not an office depot for people to actually go and make copies. So if you do not have a copy machine at home, then how do you get a copy to send in because you are still in a pandemic. They would be required to travel 15 or 20 miles to one way to get to a polling location. So it would be very difficult for them to do that. I see the problem. A lot of people in my district do not have copy machines in their homes they hardly have phones. It is not seen. Mr. Henderson, you have been around a while, tell me back in the day where you called republicans and leaders for civil rights and voting right, what has changed . Thank you for your question and your portrait behind you is a powerful reminder of the bipartisan support for Voting Rights is the inception of the votings Voting Rights act in 1965. You mentioned in your opening statement, the support of the Bipartisan Senate and house of representatives. For the authorization of the Voting Rights act in between 2006. It is important to remember, i remember a Committee Chairman went to the floor of the house of representatives and the Voting Rights act again for the amendments any one of which could have easily derailed the bill. It was a powerful indication of the importance of the leadership and bipartisan support that made the bill possible. Unfortunately, our country today is very different than it was in 2006. It is incredibly polarized and we are seeing that polarization reflected in the unwillingness of republicans in the senate to even support a motion to proceed debate or even allow the bill to be debated. And we at Leadership Conference member members saw to get support from republicans our members wrote to 16 republican senators requesting a meeting and particular rising activity taking place in each of the states to justify why it was so important for them to it least expressed a willingness to sit down and talk. We found complete resistance to that effort. So to two to suggest that we did not reach out to republicans is simply false and we have documented that in a series of letters that we wrote. It is impossible to have bipartisanship if one side completely refuses to even discuss an issue of extraordinary importance. And that is why this effort was so clear. Thinking mr. Henderson for explaining why it is complex and not simplistic to get these things done. I recognize mr. Roy for questions. And if not public and with us . The republicans have left the room. So, mr. Nadler, you are on. Mr. Look nadler . Mr. Nadler thank you chairman. Can you further elaborate and explain why the Voting Rights act has been against the democratic backsliding we are seeing in georgia and texas . Yes, this is an important point because one thing that is critical to understand about Voter Suppression laws is that the rise these laws again after the Supreme Courts decision in 2013. Within months texas had decided to resuscitate a voter id law that they would not have been able to they try to prickly earlier and they could not do so we sued and challenge the law and we were successful. They found intentional discrimination in the creation of the voter id law. The progress that mr. Dash talked about in mississippi, for example was directly the progress that came as a result of the Voting Rights act. It had provisions of section two and other provisions that were protecting against conspiracies to interfere with the right to vote. In the reconstruction period, the Reconstruction Congress was clear about what we needed to do to ensure that black people would be citizens. The 13th, 14th, and 15 amendments are the ones that were designed to support that. 13th ending slavery 14th freeing the citizenship of black or enslaved people and provisions in the 14th amendment that would punish Southern States at that time that would not allow allow black men to vote and the 15th against Racial Discrimination 14 clauses and the clauses Gave Congress the power to enforce the aaron ts that were articulated in the two amendments. That is the power from which congress was able to pass the Voting Rights act. It is a statute that is it implements the power that was given to the congress in the constitution in the 14th and 15 amendments. And it was the power that congress did not use, frankly, for the first half of the 20th century in the last 20 or 30 years of the 19th century. They failed to use that power. That is why black voters were disenfranchised in this country particularly in the south until the Civil Rights Movement pushed congress and forced congress to wake up. It forced congress to do its duty and fulfill its obligations under the 14th and 15th amendments bypassing the Voting Rights act which provided provisions that resulted in the ability of many black people being able to vote. What was interesting. I would like to add about the Voting Rights act, in the act, and the legislative history, what they said is the Voting Rights act and section five was not meant only to address voting discrimination they were seeing at the moment but to address what they described as ingenious methods that may be used in the future. They did not have laws that kept you from that but they knew there would be ingenious methods in the future. That was the purpose and that is why we need it back. Mr. Sands, what is the difference between racial and partisan gerrymandering and including ratio discriminant Racial Discrimination and gerrymandering thank you. Litigation is difficult and that is because it is aimed at the totality of the circumstances established in the legislation. That means that we have to put together experts on issues dealing with discrimination and we have to experience the kind of boat issues that are challenging. The same is true of Racial Discrimination reagan was race. But we know that race was irrelevant we are trying to put what was done into a very narrow scope of over considering grace. The bottom line is, litigation section two and other constitutions are extremely expensive and why we need clearance as an adr mechanism to address Voting Rights violations. Thank you very much i yield back. I would like to recognize republicans who are with us and would like to be recognized. If not, i would like to remind people that every response to the voter rights act let the closure vote of the First Time Ever the civilrights will have been stopped because for years the filibuster was they are to defeat civil rights laws. That is why it was founded and started. Theyve even taken John Calhouns name out of history in yellow and i now recognize mr. Reston is mr. Raskin with us . I think mr. Hank johnson, is i will go to him i think i saw him on the screen is mr. Johnson still with us . Mr. Johnson is walking he must have voted so we will go to ms. Garcia from the great state of texas. Rep. Garcia thank you so much mr. Chairman and thank you for bringing this critical matter to our attention. I am not one that is complaining about the seven hearings we have had i am not the one complaining about adding more intention and it really is a time for action at a time for legislation. Thank you again, this is actually it is something that is dear to my heart because the way weve been talking about this the items have stemmed from the state of texas. As we all know the democracy is in a sacred principle that every american has in each and fear right to vote. But states like my home state of texas are imposing laws that are limiting that sacred right. Texas and other states continue to pass laws that suppress and silence the minority voters especially latinos. We cannot allow this to stand and we must take action. This is our responsibility and duty to protect Voting Rights for every american no matter what your zip code, where they live, or what language they speak. By partisan gerrymandering and creating new protections for voters will ensure every american makes can make their voice heard. History has shown us that taxes and texas and Texas Republicans have gone to links in the past and continue to do that to suppress votes. I disagree from my colleague from texas from the other side of the aisle. Suppression is live and well in texas whether or not you want to it. Republicans haves lit up communities of color to dilute their vote and suppress their vote. As was mentioned in the remarks earlier in texas, 95 of the growth in texas was due to people of color predominantly latino. Yes, all of the districts that were created were created for republican white voting districts. I would like to start with mr. Sides, mr. Sainz, you and i Work Together for a long time, tell us how changes in the Voting Rights act would protect us and prevent a legislature from doing what they did this last time where even though the population growth was people of color, the results were that they packed democrats into districts and created more white republican districts. Mr. Saenz absolutely is a mention in my testimony we have seen a total of 18 majority districts. 10 of those are in texas and that is despite has you know half of the growth of the state being latino in the last decade. Those 10 seats are in congress, statehouse, state senate, state board of education. The Voting Rights act is clear. Texas would be required under the john lewis act on both the geographic clearance and the known practices of this formula would be required to submit statewide for prereview and clearance led by the department of justice or as you know in texas they decided on several occasions in the past by a threejudge District Court in washington dc. That would be determined whether there was went there here clearly has been texas has communicated over several months. So instead of because of the delay in census data and your early primary and texas, it will not be resolved before the 2022 primary elections move forward. Instead, we would have to preclearance very efficiently and effectively preventing these violating redistricting lines stash the result today is because of the failure in the senate to act on this. In 2022 we need to have these lines in place. Rep. Garcia thank you, mr. Chairman, i only have like 40 seconds i will yield my 40 seconds to my colleague and friend lucy mcbath when her time comes at the end of the hearing. She has already spoken if she would like more time she certainly i am sorry i did not know that. I thought she was at the end of the hearing as you stated though if she wants 40 seconds she can have them area rep. Cohen let me ask a question with rita redistricting in georgia what do they do with your district . Rep. Mcbath district sick six is the district in georgia that needed to change the lease. They have taking a district and they swung at 26 points to trump it is now a truck team district. They have taken out of my existing district most of the diverse and democratic voting blocks and have shuffled in a very conservative trump red voting blocks. And that was delivered i have always been the top target by the Republican Party in georgia. And, being the member that sits in the seat thats was once held by gingrich and im the first in the history of georgia to sit in the seat and the first democrat i have always been the target. So, what they have done is taken to swing districts districts six and seven and they have created a new democratic open seat district seven, but they have done what we know to be cracking and packing. Rep. Cohen thank you i am shocked that mr. Roy says it does not exist. Thank you your time you have to yield it because your type minute five minutes are up but thank you. We will go to a republican at this time is a republican with us . They still have not come back mr. Johnson of georgia. Would you like to take your five minutes at this time . Thank you mr. Chairman and yes i would. Thank you for holding this hearing. Voting rights is not going away even though the senate last night failed to do what it should have done. In some respects, we can call it a racist senate. The same way that we can talk about racism when it comes to my colleagues on the other side of the aisle making statements about black people and democrats and race baiting. It is like, you mention about how much of racism still exists in the soil of america, they want to plant their heads in that soil and refused to acknowledge what is in the soil. They have been emboldened now mr. Chairman, my colleague from texas, i am sure would not have felt comfortable him talking like he spoke three or four years ago. Rep. Cohen we have a republican back with us now i just wanted to make that known. Rep. Johnson good i because of the election of donald trump and the White America movement he feels empowered to say what he did he feels entitled and privileged it is White Privilege and power that allows him to say what he said. And i am blown away by where we have fallen in our discourse on this committee. But at any rate, we heard about mr. Henderson, i would like to ask you that georgia is one of the nations fastestgrowing state and this is largely been driven by people of color over the last decade. Georges black population grew by 16 . Must have a Million People full while the population of white georgians has decreased and yet, the new legislative maps do not reflect this tremendous growth of the black population is to henderson, the Supreme Court has declared partisan gerrymandering challenges the political question. And it has continuously held that states may not engage in intentional racial gerrymandering is that correct . Mr. Henderson that is correct. Rep. Johnson and to be clear these maps are constitutional when race is the dominant factor in the legislatures redrawing of congressional and legislative maps correct . Mr. Henderson that is also correct. Rep. Johnson how are you able to show racism within that factor . Mr. Henderson thank you for the question. My colleague i thought abel he answered that response to an earlier inquiry. It is difficult to establish the fact that it is necessary to show that redistricting was based exclusively on racial predominantly on race. And it makes it challenging redistricting and away that would in a way that would show racial gerrymandering extremely difficult to accomplish one has to look at the totality of circumstances and the dues from those social from those circumstances that race was the dominant factor and that is extremely hard to do. I am now quite familiar with what is going on in arizona because in meeting recently was senator to point out like a a debate on Voting Rights was so necessary we pointed out that the demographic changes that have taken place in that state over the past 10 years. We pointed out the fact that since the Shelby County decision, 320 polling places in arizona were closed. 70 of polling places in maricopa county, the most diverse county in the state have been closed. And at the same, the legislature adopted recently a limitation on male and voting which arizonans used 80 of the population. When you combine the factors together, the heavy reliance on male in balloting and the closure of mail in balloting when you look at the tax on election workers that have occurred in the aftermath of the 2020 election, and the fraudulent review of the voting procedures conducted by the socalled cyber ninjas in arizona. The first of its kind, the totality of the circumstances lays the foundation which allows you to evaluate both what is happening in the election process and the gerrymandering circumstance. Rep. Cohen mr. Johnson your time is up i believe. Rep. Johnson thank you mr. Chairman i would just like to leave with the fact that it would only be six blind mice on the Supreme Court that would not be able to look through the facade and under a total totality of the circumstances rule correctly. Then i am not confident that that will happen with with that i yield back. Thank you. Rep. Cohen thank you we are now at an unusual time in our hearing we have mr. Garcia can you hear me . Rep. Garcia yes i can. Rep. Cohen mr. Garcia could not testify because he had technical difficulties he can now hear us i. E. Yield two mr. Johnson would you like for mr. Garcia to proceed with his testimony now or would you prefer we wait until after youve had an opportunity to question witnesses each of you . What would be your preference . I would defer to my colleague from louisiana, to allow the witness out of respect for his time to allow the witness to testify. And he would be happy to join in after. I apologize, i was down on the Florida House so i am sorry i was not back here. Rep. Cohen mr. Johnson is it ok with you to have mr. Garcia with us now . Rep. Johnson perfectly fine. I know that you are making comments about the republicans but we were in the middle of a vote serious and we do not vote by proxy and we had to leave the floor. I had to go and testify. Rep. Cohen thank you many of you do vote by proxy though you just had a lawsuit for that. Mr. Garcia you are to be recognized now and i think i do not have my material in front of me i know that you work for and you have representative over the years you are recognized rep. Garcia for five minutes. Rep. Garcia thank you my name is Domingo Garcia and i am from dallas texas. And im the president of the league of united that an american citizen is citizens. And we are here since 1970 and we have had to file suits in texas and all over the country to protect the Voting Rights of Mexican Americans and Latin Americans and puerto rico. I want to talk about texas from 2010 intel 2020 90 of the population and texas was predominantly latino or people of color. We would have assumed that because of the large latino growth we would have had to latino opportunities Congressional Districts in texas, but after the meetings with the touches Texas Legislature we get the numbers and the districts in dallasfort worth and Harris County, houston and southcentral texas around austin and san antonio no districts were made. Literally, you could made squares and triangles and created opportunities for districts because we are in texas now and we are a majority minority state one of six in a country in the country but that did not happen but would there was extreme gerrymandering for political purposes. We believe in fairness and equity in the process. Whether it is democrats doing it or republicans, our concern is that everybody has a seat and opportunity to have a seat at the table and that did not occur during this. In texas as a result we believe that the plans that were adopted by texas in regards to congress, the state senate, statehouse, and the state board of education were intentionally discriminatory. You have to go out of your way to create legal lines and the gerrymandering we learned about in the social strengths courses in 1890s in new york. While that is happening in 20 in texas. And we believe in 2022 in texas. And we believe we can only protect the Voting Rights of Latin Americans in the country is by passing protections that will take care of that. For example, congress and roy, i know you are from texas, then texas had a all in white supra murray, texas had a tax that my father my grandfather paid. You paid about 20 today that would intentionally keep black and brown people from voting. And literacy test were passed to ensure that if he could not read or write the Texas Constitution you could not vote. And its like the test of how many jellybeans are in a jar to do math. And when you see all of these efforts to stop people from voting, what happened in texas, we use to have every person in Harris County got an application for voting. And the Texas Legislature passed a law saying you cannot do that. You cannot get more people to vote. We have to restrict the people that vote we cannot have 24 hour voting so that people work 24 hour shifts can have an opportunity to vote like the middle class people. No we will stop that. I am in Dallas County, if i go badgers register to vote in austin or houston i commit a felony. If i helped a senior vote by mail i commit a felony. That is what weve come to in texas the polarization of voting. To make it so difficult that they have to rig the system instead of going for the hearts and minds of voters. And the fact of the matter is latinos are an independent group we are socially conservative. We are propolice and we are split on worship. You cannot rig the system like we saw in the state senate. There are latinos for Dallas County and we have the largest latino population within a Congressional District in the statehouse, hector county and tarrant county, Harris County, and none of that happened. And that is why we believe that we are asking that the Voting Rights bill be passed to protect the rights of every citizen to have a fair shot at voting and that is not what we are seeing today in texas. And theres also litigation in iowa, arizona, florida, because unfortunately we are seeing the Voter Suppression tactics to keep everybody else that may be having a last name like garcia to keep them from voting or make it very difficult. We see that 50 of mall and balance mail in ballots is the first time that texas required a Social Security number or drivers license number to your application and many seniors and latinos are unable to do that. Rep. Cohen thank you your time is over we appreciate you for testifying. Mr. Johnson or mr. Roy who ever will choose to go first for the fiveminute question. I think that is like what is your call . Goahead i will defer to you if you want to go first. I will go with thats what you prefer, rep. Cohen you have five minutes. I think the chairman, and i have a few questions i would ask but i feel i need to address the things that have been discussed in part, somewhat in my absence. I did not understand why that is the but we are talking about proxy voting it is not just about lawsuit some of us believe it is unconstitutional for proxy voting and we can disagree on that but i put my money where my mouth is and i am not voting by proxy. That has caused all sorts of complications in my existence where the world of Congress Continues to exist by proxy. I cannot multitask if i am voting in person. That is a real issue. And i think it is i would also note that my colleague mr. Johnson, hank, not mike, was making call comments about live alleged White Privilege. I think it would be noteworthy where my grandmother still alive who was raised in west texas to a stable mom with a house with dirt and no indoor plumbing and my grandfather who was the same and my grandmothers father who was an orphan as a result we believe, i will not claim any percentage of native native american percentage but we believe my family passing down that was the case and that was part of the reason for being an orphan and growing up dirt poor during depression and my greatgrandfather and my dad worked hard for going to college despite having polio which can very much relate. I would question the assertion of my quote privilege and white power or that i would not comment on the absurdity on these racebased focus with respect to legislation on elections. When ive been doing so my entire life including being a lawyer for a senate Judiciary Committee where i worked hard for senator cowan in 2006 where it is a reference to make clear that it was clearly unconstitutional the data that was being based upon was 1968. The case was not made for the reauthorization of the sections to be applied to the districts it was clear it would be tossed out on its head. It was then therefore tossed out on its head in 2014 and i am proud to have taken part in drafting the minority use to the record to make the case. Because it was wrong and it was wrong then and it would be wrong now. That is the reality. The former representatives garcia i was happy for you to offer your testimony, we are talking about texas law and i hear you. Ok i have talked to many people experiencing these issues with respect to the horrors of whole test and what this did to the literacy of disenfranchised voters. But you make the case of what we are saying and analogizing to boat our identification. Yes voter id is a necessary tool for ensuring that integrity for ballots and elections particularly in texas were in particular our borders are wide open right now. We literally have a Million People coming into the United States and being released in the u. S. Over the last year with complete and utter incompetence but malicious refusal to before the laws of the u. S. But the rationale for having voter ids is made by the administration that is accusing states of being racist we want to have voter identification to ensure the integrity of the elections those are the facts. We know what the numbers are in texas and we see what is happening. A final point on the gentlemans commentary about mr. Charlie super, who i believe passed away this last year im trying to remember, but he was obviously noteworthy for being what some people call the Jackie Robinson of golf. We are not here to talk about golf but i am here to raise an issue when i was in college and on the golf team in college a young man who was a friend and who his dents passed away from meningitis while he was playing on the comedian tour canadian tour he was the first black to win the South African open and he was my dear friend. And he broke the color barrier. We would talk at length and yes, like other black americans, they faced racism in 1990s in virginia. We would have conversations about that. You want to talk about privilege he would talk its pensively about the privilege of being an american and the privilege of what it means to be an american and having faced what he face it is boggling and going over the term in south africa. I know my time is up i would like to keep to the clock but i am well aware of the importance of these issues. I come at it from a very different perspective with the integrity of the elections and not using race for political purposes. My final point, i know my time, with respects to the im sorry i lost my train of thought i will defer and yield back to the chair. Rep. Cohen thank you mr. Roy, if you come back with your thought i will give you an opportunity to express that answer. Ms. Ross has time, mr. Rand skin, iac can but i will recognize ms. Ross because she has a john kennedy pitcher in this frame and i think is to raskin is having cleanup. You are recognized for fiveminute. Mrs. Ross thank you mr. Chairman and i wanted mr. Raskin to know i got my copy of vogue magazine today with a big feature on him and his book and family. He is not only an excellent member of the community but a celebrity in vogue so congratulations to him for that. I also want to thank everybody who came to testify today and this is such an important issue. Right now, it is front of mind for the American People because of what is going on on the senate side, but in North Carolina, it has been front of mind for centuries. I am a formal former civil rights attorney and i have witnessed firsthand the efforts to reduce the power of minority voters in my home state through racial gerrymandering and Voter Suppression laws. Last week, a threejudge panel upheld North Carolinas new maps for the u. S. Congress. The North Carolina senate and the North Carolina general assembly. These maps are intended to further reduce democratic representation and outcome that is likely to dilute the power of minority voters and reduced minority representation at both state and federal levels. While this is not the outcome i had hoped for, the panel did establish key findings about the unequal nature of these maps and laid the foundation for the state Supreme Court to rule against partisan gerrymandering on appeal. Under the state constitution. The recent efforts in my state to undermine the continuance of american democracy highlight the importance of the surpassing federal Voting Rights let legislation to ensure our governing institutions reflect the Diverse Communities they were present. And that it is consistent with our district. Finally, i want to correct a misconception that the members of both parties have that expanding Voting Rights only helps democrats at the ballot box. In 2020, the North Carolina offered the longest voting. Longest Voting Period in the country because we all are a military state. They mailed in apps and t ballots before the november 3 election will earlier than any state in person early voting was open 19 days prior to the election and sameday Voter Registration was allowed at all early voting vocations because of a bill i worked on when i was a state legislature. Because our state made voting so convenient, North Carolina saw record voter turnout in 2020 with 75 of voters casting ballots. Because of, not despite, the ease of access to ballots republican secured victories across the state including donald trump. North carolinas experience shows that progressive voting laws do not uniformly benefit democrats and disadvantaged republicans. Instead, they serve the interest of candidates from both parties who can most effectively energize and inspire our states closely divided electorate. My question is for both carolyn eiffel and Derrick Johnson, lees describe the impact of the congressional and ed legislative maps for minority citizens. Mrs. Ifill thank you for the question i will concede that mdf is not up to the challenge for the congressional maps although i am familiar with what youve described and it reflects what we have seen in multiple states. We heard reference to it in georgia we are seeing this in alabama, South Carolina, and we are closing watching louisiana where members of the lds staff are testifying in baton rouge. And that is both the black and latino population in the states is not being reflected in the congressional maps that are being drawn. This is the equivalent of erasing our population and the representations for which they are entitled and deserve. As i said earlier, this is not only at the congressional level or statehouse level but we see it in county races, judicial districts, and School Board Districts as well. This is what the project has been all about. We know that gerrymandering maps were grandfathered from decade to decade. It becomes a permanent lockout of voting strength for racial minorities. When we see this Going Forward and we see the failure to take account of the population increases that have happened largely racial minority population increases are within these maps. This is directly a threat to the full citizenship and representation of people who have a right to have their numbers properly reflected in districting maps. This is what it is all about our work this year. It is about ensuring. Rep. Cohen our time is up. Mrs. Ifill reverse the gerrymandering districts that have shut us out of voting street strength for decades. Mrs. Ross thank you and i yield back. Rep. Cohen i appreciate it now i would like to recognize mr. Johnson johnson for five minutes. Rep. Johnson thank you as mr. Roy representative roy has explained neither of us are against proxy i think it would be inappropriate subject for our committee to hear at some point but that was not to occur. I apologize for being in and out today. I think our constitution subcommittee this may have been the seventh hearing we have had on this subject. In the last year. And listen, the integrity of our legislative system is critically important and we all agree on that and people try to make this a partisan thing but it should not be. Every book republican that i know every republican that i know im a former legislator in louisiana i know many republicans around the country of the state level and everyone in congress all republicans that i know once every eligible voter to participate in our elections. The thing is we agree believe in the original foundational principles. We know that free and Fair Elections are central to all of that. So all of the claims that are made and the wild accusations about the suppose it intentions of republican lawmakers around the country are unfounded. If you want to take time to talk to these folks and see what they are about or trying to accomplish. The democrats in congress are seeking to commandeer the state redistricting processes in order to enrich themselves politically. It is basically political and it is obvious to anybody who looks into this, watching the democrats are politicizing the rba the Voting Rights act seeing the overturn common sense unlawful state into integrity reforms look at the example in georgia it has been discussed today mostly from one side, but the department of justice sues the state of georgia over the election law that law, if anybody can google this and research it for themselves do not listen to what experts are saying about it look at the law it strengthens ballot ballot box protections and it enhances the States Election integrity that is why it was supported but one of the experts that had this Committee Said that the dojs lawsuit and the Biden Administration filed against georgia lyle law reads more than that syrias lawsuit by a political Justice Department. Serious lawsuit by a political Justice Department. All the other hearings that we have had on this subject and related to it. The people are imposing faith in our election system and the accusations that are flying back and forth but more importantly than that, the entire system of justice are losing faith in our institution. The idea that there is equal justice on wall. They are seeing the department of justice being weaponize for political purposes. That is something that is concerning. All of this is being done for politics in washington and it is a shame. It violates our constitutional order, our principles, and it is the states that have the authority to do these things. The Supreme Court has recently the conditions that existed in 1965 do not exist today. There is no evidence of widespread voters oppression suppression this is not about race it all the legislators that i know and the ones that are wording working in the the amount of cases that we reviewed from 2000 until 2013, when the shelton county decision was made, the amount of objections that we had at that time, congressman, was. 36 of 1 was. 36 of 1 of what was submitted. Would people dont realize is the amount of work that goes into making a submission to the department of justice and then the politics that are played by the department in reviewing them. I dont make those accusations lightly. I find it to be very disheartening. But i will say that i do not believe that their actions, in the past, justify them getting that type of control over state election law again. Very well said. I yield back. Thank you mr. Chairman thank you, mr. Chairman. Thank you, mr. Johnson. He had that argument made in 1964 by southern legislators that it was that he worked out compromises to make it acceptable to them. Whatever dirksen did and the republicans did then. I now yield, ms. Bush and ms. Jackson lee. But i on her [indiscernible] shes spoken twice, thank you. I heard my friend, mr. Roy, right when i got back from office. Unfortunately i did not hear what prompted him to launch into a defense of his family and so on, but i was moved by what he had to say. It reminded me that American History has been transformed to coalitions between by coalitions between africanamericans and other disadvantaged minority groups and the working class white people who also have been targeted for political exclusion and disenfranchisement. I was just wondering whether you would want to opine about certain disenfranchising mechanisms, like the primaries in texas, which were recently specific. Literacy tests were used. There also were a bunch of them that were targeted at both africanAmerican Populations and the White Working Class populations, imposed across the board. I wonder, im not quite sure what got mr. Roy upset about what someone said, but i dont think anybody would deny that there have been white people disenfranchised, certainly under the qualifications that america began with. Do you have any comments on that . Let me see if i can do this quickly. Thank you for the question. I feel like i must respond to mr. Johnson, about challenging the georgia board is suppression low georgia Voter Suppression lot, also the one in florida. In both cases, the judge in georgia, a trump appointee, denied the states motion to dismiss. These are not frivolous claims. These are legitimate cases that will go forward. And the courts will decide the strength of those claims. Congressman raskin, absolutely, certainly many of the provisions we think about automatic voting registration, absentee voting, when we think about drop boxes outside the board of elections, the people that most benefits are those who are disabled and elderly. We should be expanding the boat for everyone the vote for everyone. Our client was one student who could no longer use her student id to vote. But she had a concealed gun carry permit. That also does not mean that we deny the targeting of black and brown voters that have happened in this country since we received the right to vote after the 13th, 14th, and 15th amendments. They were designed to address that for a reason. We cannot deny that history by simply pointing to the fact that there has been widespread oppression of many people without wealth, across the board. Did you want to add anything to that . Your point is absolutely accurate. Voting rights laws benefit everyone. We see collateral disenfranchisement when it comes to voter id. Which often has a significant impact, based on class and economics. In arizona, we found that the attempt to restrict Voter Registration, near registrants being required to produce proof of citizenship, had an effect on young voters of all ages who were choosing to register for the first time and they had difficulty obtaining the proof of their citizenship. Voting rights laws like every civil rights law benefits americans. In the decision, shelby, theres been a vote against civil rights legislation generally, are we had a point where we can recognize that federal statutes, including the most powerful Voting Rights such as we ever had, the Voting Rights of 1965, are not enough . And we need a constitutional amendment guaranteeing the right to vote . Because all weve got is a red tech sequence of antidiscrimination limits. You can discriminate on the basis of race, gender. Nowhere do you have what exists in most democratic constitutions, which is a universal grant of the right to vote, to all citizens, at every level of government. Is it time for us to do that . Mr. Henderson, let me start with you. Thank you, mr. Raskin, for the question. It is a very important question. I believe you are right. A constitutional amendment gives the right to vote giving the right to vote to all american citizens is a powerful tool that will help resolve many of the disputes we are talking about no. Having said that, the adoption or ratification of such an amendment is virtually impossible. One need only look at what is going on now with an effort to restore the Voting Rights act of 1965. Based on the requirements imposed by the Supreme Court in the Shelby County decision. Many believe the court offered a roadmap to the reauthorization of the act even if we disagree with the holding itself. But there are some who suggest that the court cynically established a challenge, and it would be impossible to achieve, based on the fact that there was inherent skepticism about the effort to really establish the existence of discrimination. We think the House Judiciary Committee on the senate have helped modernize the formula that the Court Required be considered and update of the Voting Rights act. If i can pause you there, would you agree, during constitutional amendment establishing [indiscernible] right to vote . Yes, i would. Maybe we can get people together around the principle of a constitutional right to vote. I yelled by, mr. Chairman i yield back, mr. Chairman. Mr. Roy, are you with us again . I see your camera is on. If not, i was going to answer to the sand trap you left for us before you left us. [indiscernible] i dont believe so, no. Lets go next to ms. Bush. You are recognized for five minutes. Thank chairman, for convening this important hearing. We are all in the midst of a moral crisis. And we know that. Last night, the nation watched as the u. S. Senate failed to advance legislation that would protect our fundamental and constitutional right to vote. And for what . Because of fear. White fear. Because of power. White power. Fear that if and when we empower black people, that will somehow disempower white people. That if we empower brown people, the brown community, that will somehow disempower white people. White people, especially white wealthy people have long exercise control over our democracy, because the mere idea of black folks possessing even an ounce of political power is viewed as a threat to the status quo. So to those apathetic white folks who have yet to welcome love and welcome antiracism into your hearts, my question for you is this what are you afraid of . Are you afraid that we will end redlining . Are you afraid that we will deliver universal health care . Are you afraid that we will End Police Violence and the racial and gender wealth gap . That we will provide safe housing for every Single Member of the on House Community . That we will end forever wars, mass criminalization . Are you afraid that we will dismantle the comfy White Supremacy that many benefit from . Because that is the world i want to live in and that is the world that we should all want to live in. Dubois once wrote, if there was one thing south caroline if youre more than bad negro government, it was good negro government and this is the fear that they will lead to transfer motive change. Can you please explain how current Voting Rights challenges, if left unaddressed, is not only dangerous to black communities but also a danger to the Overall Health of our democracy . Thank you, congresswoman bush, for your question. You are absolutely right. Africanamerican voters historically have been the canary in the mine. Their treatment as a group has helped establish the standard by which we evaluate our Voting Rights on behalf of all of our citizens. Obviously a recognition that other groups have experienced discrimination is important. Others have established the effect of discrimination on latino voters. We have seen the same on Asian American and native american voters. And sub groups individuals with disabilities, and older americans, often facing challenges. However, the use of racial considerations, in trying to decide who is entitled to vote, has created a pernicious system that indeed does reflect what i think is a jim crow 2. 0. I think that there is ample justification for the use of that term. And that is not hyperbolic. My own sense is that democracy is very much in peril right now. I think we have seen that in very significant ways. And i think the failure to enhance protections for all voters, as has been noted previously, will undercut the power of american democracy to survive the challenges we face today. Thank you so much, mr. Henderson. Thank you for your work. As a black woman, i would characterize it as a jim crow 2. 0. What harms prison gerrymandering close to black voters . Thank you so much, congresswoman bush. This is the place where voting discrimination intertwines with longstanding determination in our Justice System that results in black and latino americans being disproportionately represented in prisons around the country. Prisons are often located in in rural majority white areas. They very often are places where Employment Opportunities exist for correctional officers, white correctional officers. And when those who are incarcerated, disproportionately black and brown, are counted as part of those rural districts where they are not residents, that means that all of the collateral consequences of counting them there flow as well, including funding, plans around development and business, and jobs, and so on and so forth. When in fact they should be counted in their Home Community because most people who are in prison will go home. We know that when we count incentives into district, it lasts for 10 years. But most people will be home before then. It essentially means that resources that should be allocated to communities of color, in places where i am sitting right now, baltimore city, are instead allocated to places that are rural and majority white. Yes. Thank you so much. Dr. King warned, we now know that our site is an existential one, it demands that we ask ourselves fundamental questions about what we stand for in this country, do we stand for what supremacy or do we stand for antiracism . For politics of fear or politics of opportunity . That is what is at stake. Thank you so much. I yield back. Mr. Chairman, we cant hear you, sir. You are muted. Thank you, ms. Garcia. Mr. Johnson, would you like to start . He would be welcome to. I guess. I now recognize i will pass, chairman. I appreciated. Having technical difficulties. I now recognize the lady representing the district of Barbara Jordan, i believe. One of the great leaders whose names were sponsors of the 2006 law, it was the betty lou haber bill, as well as the rosa parks and Barbara Jordan bill, in 2006. Ms. Lee, for five minutes. Thank you for reminding us of that moment in history. I was pleased to be able to add my predecessor and mentor, Barbara Jordans named to that bill, in terms of this absolute unity between republicans and democrats. I was crushed last night about 10 30 p. M. , as the sinister act was performed on the floor of the u. S. Senate, and that is the defeat of a talking filibuster that wouldve led to the opportunity for the passage of the Voting Rights act. In the words of dr. King, paraphrased, justice was crushed, and certainly the righteousness of rolling waters did not exist. I believe it is crucial for this hearing today but also to take up the words of the president of the naacp, we are not finished, we will continue, and my recommendation is for the senate to institute debate and to continue to place this on the floor of the u. S. Senate, until this is passed. We are on a boat that is going nowhere, if we continue on the pathway that we are. Let me start by saying that it is my belief that race is a crucial factor, in the efforts that we have seen, sadly, by our friends on the other side of the break ill. On the other side of the break aisle. Racism is an extreme factor in the denial of Voting Rights. And i have listened to the minority witness. We welcome her, to describe persons at the Justice Department with different views, as leftwing persons, only because they want to enhance the power of the vote. Let me also be very clear that section four and the kids constitution that the congress may at any time by law alter such regulations. I want to make sure that it is not the Founding Fathers desire that it be that that it be the tyranny of the minority. But government as the will of the majority. I want to focus on the question of race and voting. And i want to go to a discourse on the floor of the house sorry, on the senate last evening, they tried to suggest section two was a substitute for section five. Senator allsop did a beautiful job. But my time is short, section five is crucial. We welcome section two to suggest that is the answer to Voting Rights violations. Thank you very much, congresswoman jackson lee. Section five and section two were meant to complement each other. But the preferred way of addressing voting discrimination was section five, which is to have a mechanism to cast voting discrimination before it is implement. And to avoid implemented. And to avoid the long periods of time and high costs of litigation later. The first resort was section five. Which is essentially the alternative dispute resolution. Let me as an example from texas, your state. When texas passed the voter id law, we filed suit almost immediately, this was after that shall county decision removed free clearance. This was a voter id law that texas had been unable to get free cleared years earlier. The law went into effect. We litigated. We ultimately won. We went up to the Appeals Court and we came back down and we ultimately settled the case for 2018. 2014 and 2018, that discriminatory voter id law was in place. It should never have been in place. And that is why we need section five. But when it slips through the cracks, then we need section two to be able to litigate and challenge. Thank you. My time is short. I want to ask mr. Johnson, the president of the naacp, the Niagara Movement started in west virginia, i want to get to this question of race not to be able to throw racism around, but every time that voters who happen to be of color seem to be making a legitimate, legal headway, like texas for example, they criminalize voting in they criminalize voting infractions. We cannot move forward if we cannot understand what the underpinnings of Voter Suppression is. The president of the naacp, i would appreciate your comments. And extra comments of the chairman would allow them. First of all, the voters the currency in any democracy. As we have heard here, people are comparing race with partisanship. We want to fully engage and participate, not to criminalize or put in a partisan bucket because we want to have fair and equal representation, and the ability to have choice. In texas and North Carolina, there have been tremendous population growths. The Latino Community in North Carolina, the latino and black community. And the representation as a result of redistricting is lacking. We want representation and not be criminalized for that, but stand up as full citizens in this country. Thank you, mr. Henderson. Thank you for the question. I defer first of all, Derrick Johnson is the vice chair of Leadership Conference, i associate myself with his remarks i would now like to defer to my other vice chair to give him an opportunity to speak to that question as well. Thank you. Welcome. Thank you. As you know, your state, texas, is one of a number of states on the border of change in this country. We have the chance to demonstrate what democracies do, in response to demographic change. Work to incorporate everyone in the franchise and let them over when they have the right to do so. Instead what we see is a reaction to demographic change. Unfortunately in texas and other parts of the country, suppressing the vote, particularly of those groups that are becoming of a size that is a threat to the powers that be. So this is really about the opportunity to demonstrate that racial demographic change can still preserve the democracy that we have in this country. In texas as you know is right at the cutting edge of this. Thank you so very much. Mr. Chairman, may i submit into the record these documents, please . Without objection, so done. May i call the names out . Texas Election Officials are rejecting hundreds of vote by mail applications, going on as we speak. Myself and the hill article are putting together africanamerican members and a redistricting plan put together in september of 2021, washington post, a statement of the mayor of the city of houston about the shortage right now existing in the state of texas, where people cannot be registered because we do not have any voting cards. Votings of flesh and glaring in texas and other states. As i indicated, thank you for the presentation, she, too, has been a victim of this empowerment and democracy. Thank you very much. Any of the members once a minute or so to either make a final statement or ask a final question . Rebut anything or submit data . Mr. Raskin, you look like you are pondering. Mr. Chairman, forgive me, some of our colleagues were talking about proxy voting again i dont know what the specific context was but no majority of votes, the majority in the house and the minority in the house have cast votes, most of them repeatedly by proxy. I know there was an attack on proxy voting, when the covid19 nightmare first began. It feels like its been well established through practice. And there are no Courts Holding that we can conduct proxy voting under our article one power to define the rules of our own proceedings. So i think all of that is a little bit of a red herring and a distraction from what we are here to talk about today. Mr. Roy and mr. Johnson came back to the hearing. They have gone to vote on the floor. I noticed there were no republican questioners. They were understandably in washington, gone to vote. Mr. Johnson suggested they, and i think he meant the republicans, didnt believe in proxy voting. [indiscernible] mr. Roy . Would you like to respond . I dont want to waste too much time on this topic. In response to congressman raskin, i believe it is unconstitutional. I have not voted by proxy. That is true for a block of republicans. I am an equal opportunity believer. There republicans who speak with one voice and then so vote and then still vote by proxy. I disagree with them. The congressman from louisiana, its put us in an awkward spot, proxy voting. I found myself when we were voting on the infrastructure bill sitting in fredericksburg, waiting to be told, are we voting or not voting on the infrastructure bill . So, i literally sat in a coffee shop for three hours waiting to know whether i was going to charlottesville or coming back to the hill. I dont think it is a great way to do business. Obviously admitted obviously i made the choice that im not going to give my vote to someone else. Thank you, mr. Roy. I appreciate that. You and mr. Johnson, i dont know if you have voted by proxy. But i have particularly noted now a majority of republicans at one time or another have voted by proxy. Including some they want to maralago to attend the fundraiser at mr. Trumps resort. And not because of the recent stuff. Mr. Roy, i hope you get to vote in person for many, many, many years. And this pandemic will be behind us. And youre not 65 years old with the coronavirus. For those of us over 65, we think this is a good idea. Regardless of that, anybody else you were in a sand trap. You could not remember what you were trying to say. Did you ever get out of the sand trap . I did, but we moved on, we had good conversation. Im not going to go there. We will move on and will forward. I appreciate the opportunity. Thank you for giving me the opportunity. Anybody else have anything . I want to thank all the witnesses. Mr. Chairman . Quickly ms. Butler and congressman mcbeth, are you there . I am here. Thank you so much for your leadership, to both of you, congresswoman mcbeth, could you give the extraordinary impact on vulnerable voters whether they are elders or young people and they happen to be people of color, whether they are hispanic or africanamerican, with a kind of suppressive bill that you have would you just answer a simple five, you represented district, yarn africanamerican woman, you did represented well, do you think there was some underlying thought that they might eliminate an africanamerican woman in the u. S. Congress . Ms. Butler than congresswoman mcbeth. Thank you, congresswoman jackson. The undue burden that i talked about was with regards to vote by mail, where people have to provide ids. A lot of older people do not have the capacity to copy ids because they do not have georgia drivers licenses or state issued ids the undue burden of out of present voting, that is a lot of things, if you do not know, a lot of people do not get their information timely. They cannot vote out of present before 5 p. M. Precinct before 5 00 p. M. It is an undue burden on them. A lot of polling locations, we were down in Lincoln County already, where they wanted to consolidate seven polling locations to one, given no reason, according to the chair, and had no plan for making sure people would be able to do it. 600 people signed a petition, both blackandwhite, that said that they did not want that to happen. The other part is the unlimited amount of challenges that people cando do peoples residence, the ability to vote in this Voter Suppression bill, it creates a hearing process and three day notice for voters to respond to protect their rights to vote. The most egregious part is the takeover process of the entire election process, from removing election supervisors, removing the secretary of state from his constitutional position. Thank you. I think our time is up. Thank you, miss jackson lee, and everybody else. Weve had a great hearing. Weve discussed a lot of issues. The seriousness of the Voting Rights act. This committee continues to uphold civil rights and Voting Rights. We thank all the panelists and the witnesses that have come before us. The Committee Members will have five days to submit additional written questions to the witnesses, additional materials for the record. Thank you for what you have all done. God bless the United States of america. Lets hope the filibuster does not kill democ work and your terrific effort to bring to a very complicated set of conversations. I am excited that i get to have a conversation with another person who has dedicated his career to helping improve neighborhoods. Congressman jim himes is in his seventh term as a member of congress from connecticut. He started his career from the finance sector but became really passionate about access to housing for low and moderate income communities. Full disclosure, i am a very proud member of that organization