November 28, 2005
VIA EMAIL & US MAIL
Butch Lindley, Chair
Members of the Monterey County Board of Supervisors
168 West Alisal Street, 1st Floor
Salinas, CA 93901
Dear Mr. Lindley and Board Members:
The Leagues of Women Voters of Salinas Valley and the Monterey Peninsula are very concerned about your possible action regarding the Voting Rights Act (VRA) provisions which are up for renewal by Congress in 2007. These provisions include: Section 5, which requires jurisdictions with a history of discrimination to obtain Justice Department approval before implementing changes to voting practices and procedures; Sections 6-9, which authorize the government to send federal election observers to areas where there is evidence of voter intimidation; and Section 203, which makes sure local governments provide translated voting materials and assistance to voters in communities where it is needed.
These sections are known as the special provisions of the VRA. These special provisions have a remedial purpose and limited duration. The special provisions allow for significant federal oversight of state and local voting functions for jurisdictions deemed to have the worst and most persistent histories of voting discrimination against their minority populations. This heightened oversight is intended to identify and prevent proposed voting changes that worsen the position of minority voters and, just as significantly, to deter covered jurisdictions from seeking to propose such voting changes from the outset. Examples are plans for redistricting, annexation, at-large elections, re-registration requirements, polling place changes, and new rules for candidate qualifying. The Supreme Court has recognized that seemingly insignificant changes can really be subtle attempts to discriminate. Section 5 has been the only speedy, cost efficient, and effective mechanism ever devised against voting discrimination.
The League of Women Voters of the U.S. strongly supports the Voting Rights Act. The League also supports the reauthorization of Section 5 and Section 203 of the VRA without weakening amendments.
We believe that any discussion of the Voting Rights Act and weakening amendments to Monterey county's "pre-clearance" requirements (Section 5) should be held in public sessions with appropriate translation services provided for monolingual Spanish-speaking citizens.
Under the "bail-out" provision in Section 4 of the VRA, a jurisdiction can be removed from coverage if it can show that:
- It has been in full compliance with the "pre-clearance" requirements for the past 10 years;
- No test or device has been used to discriminate on the basis of race, color, or language minority status; and
- No lawsuits against the jurisdiction alleging voting discrimination are pending. Monterey County should direct its efforts to qualify for "bail-out" rather than to supporting amendments to the VRA.
The Voting Rights Act has protected the voice and the vote of millions of American citizens, including those in Monterey County. It has provided many opportunities for minority representation in local city and county government. We recommend that Monterey County take no action to weaken the special provisions of the Voting Rights Act.
Sincerely,
(Original signed by)
Marilyn Maxner, President, LWV of the Monterey Peninsula
Anne Herendeen, President, LWV of the Salinas Valley
