LASHAWN WARREN: So the U.S. Commission on Civil Rights has actually been engaged in voting rights for many, many years. And, actually, the recommendations that they put forward in the ’60s actually were adopted in the Voting Rights act of 1965. They recently put out a report that basically validates what the civil rights community has been saying for many years, which is that voting discrimination remains a significant problem in the U.S. and it continues to be a threat to our democracy.
We have witnessed many aggressive efforts by state and local officials to limit access to the ballot box and in fact, we have seen deliberate processes that have been put in place to make voting difficult for people of color, voters with disabilities and those who have difficulty speaking English. The report that was produced last week basically highlights a number of the problems that remain with respect to voting rights. And basically it highlights a number of the issues, one of which – and it’s something that we’re seeing not only in our work here in Washington – but we also have a program called All Voting is Local and our local state directors are seeing some of these same issues.
There are a number of polling place closures in predominantly minority communities. We’re seeing vote purges. We’re seeing strict photo ID requirements that are being implemented. We’re also seeing limitations not only on early voting, but also same day registration. And what’s interesting is that a lot of these particular procedures and processes are being implemented in states that were formerly covered by Section Five of the Voting Rights Act, which was significantly weakened by the Shelby County versus Holder decision in 2013.
BETWEEN THE LINES: In speaking about the Supreme Court decision on Shelby versus Holder, Congress was supposed to fill the gap or rewrite or reformulate that particular part of Section Five in the Voting Rights Act. But Congress never acted. Tell us about what happened in Congress under Republican control that froze the process in place.
LASHAWN WARREN: The legislation that has been introduced in order to restore the Voting Rights Act, which is sorely needed, has stalled. I mean, there hasn’t been any movement there, but I would say that all parties should have an interest in making sure that all constituents, particularly their constituents, can exercise the right to vote. And I think any effort to allow this, allow the Voting Rights Act to continue to be a weak mechanism such that the federal government has no ability to really make sure that everyone who’s eligible to vote can vote is a tragedy. And it’s a travesty, particularly given all the things that are happening in our country. So, I would say even outside of Congress, there is significant interest actually in restoring the Voting Rights Act. But, you know, honestly, we’re in a very difficult political environment right now.
And so, we still are pushing to make sure that we restore the Voting Rights Act. But even in the midst of that, there is a provision of the Voting Rights Act that can challenge some of these pernicious actions by some state and local officials and that Section Two, which basically prohibits voting practices and procedures that discriminate on the basis of race, color or a membership of a language minority group.
And unfortunately, all of the enforcement has really fallen to nonprofit organizations, to private entities. And so, there have been nonprofits, many of whom are a part of our Voting Rights Task Force, who have been challenging some of the poll closures and the places and procedures that limit the right for people to vote. And they’ve been doing that under Section Two. But I would say, and I think it’s important for people to know that there has been little or no, enforcement by the Department of Justice and they have a voting section and very well equipped to enforce Section Two of the Voting Rights Act but have not done so.
And in fact, of the 61 cases that have been filed since the Shelby decision, DOJ has only filed four of them. One was a language access case. There have been multiple transgressions and problems and violations with the Voting Rights Act since the Shelby County decision. But there has been little or no enforcement by the Department of Justice. And I think we need to ask why.
But I think it’s important to ground this conversation and the fact that the right to vote is so pivotal and important. It really is the access point to liberation and really to a better life for many people. You know, it allows people to participate in government and gives them an ability to elect a candidate of their choice who will look out for their interest on issues like healthcare, like housing and quality schools and gun control and immigration – and the Supreme Court.
