Bryant: Voting Rights Act Rigs Elections | Jackson Free Press | Jackson, MS

Bryant: Voting Rights Act Rigs Elections

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A federal judge threw out a lawsuit last week that Lt. Gov.Phil Bryant and residents filed to challenge the constitutionality of federal health-care reform.

Lt. Gov. Phil Bryant spent the better half of a March 8 public forum mischaracterizing the Voting Rights Act of 1965 as a former president's lingering attempt to influence southern elections.

"It changed in 1965 when Lyndon Johnson didn't get the votes of the South. You know, we voted for Barry Goldwater," Bryant told a room of about 60 Eudora Welty Library visitors. "So Lyndon Johnson got mad and he passed the Voting Rights Act that said all those states that voted less than 50 percent in the past presidential election in 1964 now must go under the control of the Justice Department. Johnson said 'You didn't vote for me, South, so I'll show you something,' so some states, including Arizona and some counties in Virginia, since 1964 have been under the Department of Justice."

The DOJ determines whether or not redistricting plans meet the requirements set forth in the Voting Rights Act of 1965. Section 2 of the Act applies to all states, and provides protection against discriminatory dilution of minority populations. Section 5 requires the DOJ to pre-clear redistricting plans from Mississippi and other states with a history of voter suppression. Groups such as the NAACP, the Southern Christian Leadership Conference and the Congress of Racial Equity, among others, launched voter registration drives throughout the South in the early 1960s and pressed the federal government to protect minorities' voting rights. Their effort culminated in Johnson's signing of the Voting Rights Act of 1965.

Bryant said the state of Mississippi should be out from under the heel of the Department of Justice, particularly regarding the Mississippi Senate's attempt to alter both the Senate and Mississippi House of Representative's redistricting plans.

"Two weeks ago I had the audacity while speaking to Republican people to say I'm about tired of having the Obama justice department tell me what to do. 'Oh my goodness,' they said, 'there he goes again.' The Clarion-Ledger editorial board wrote an article on that. They can't believe that I said that. I had one reporter say, 'Don't you think the Justice Department will get mad?' and I said: 'I still have the right to free speech, even when I'm critical of my government.'"

The Senate yesterday shot down Bryant's version of the Senate redistricting plan that would have erased a new black-majority district near Hattiesburg; in part because senators feared the new plan would not meet Voting Rights Act specifications.

Mike Sayer, executive senior organizer of voter enfranchisement watchdog group Southern Echo, said he believed Bryant and other Republicans sense a change in the political atmosphere at the U.S. Supreme Court level that could spell the end of the age of pre-clearance.

"There are a lot of Republicans who are out there taking this position because they've opposed the Voting Rights Act all along," Sayer said. "They think the Supreme Court is sending signals that they want to end this, and they do."

In 2009, the U.S. Supreme Court upheld a lower court decision refusing a small utility district in Texas exemption from preclearance, but Supreme Court Justice Chief John Roberts opined that the more inclusive behavior of modern American society did not easily support the need for continuing the requirement of preclearance.

"Things have changed in the South," Roberts wrote. "Voter turnout and registration rates now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels. These improvements are no doubt due in significant part to the Voting Rights Act itself, and stand as a monument to its success. Past success alone, however, is not adequate justification to retain the preclearance requirements."

Sayer said Bryant's call to move the state out from under the guidance of the DOJ is premature, however.

"It's like laws discouraging driving under the influence. If you have a law that says you can't drive under the influence, then if you break the law you get a metaphorical rejection either in the form of a few hundred bucks fine or jail, but you're supposed to monitor yourself. That's the specter of pre-clearance--{legislators) know that if they do their plan wrong it'll get rejected, and so you police yourself for efficiency and effectiveness," Sayer said. "The fact that people are murdering each other less doesn't mean you get rid of laws against murder."

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