1 | 1 | | 85S10417 KSM-D |
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2 | 2 | | By: Reynolds H.C.R. No. 23 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, Since the U.S. Supreme Court eviscerated the Voting |
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7 | 7 | | Rights Act of 1965 with its decision in Shelby v. Holder, many |
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8 | 8 | | citizens have confronted new barriers to participation in our |
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9 | 9 | | democracy; and |
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10 | 10 | | WHEREAS, During the Civil Rights Era, the United States |
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11 | 11 | | Congress passed the Voting Rights Act to prevent government at all |
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12 | 12 | | levels from enacting laws or policies that deny American citizens |
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13 | 13 | | the right to vote based on race or ethnicity; one of the key |
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14 | 14 | | provisions, Section 5, requires jurisdictions with a history of |
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15 | 15 | | discrimination to obtain prior federal approval of changes to |
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16 | 16 | | voting rules that could affect minorities; for nearly five decades, |
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17 | 17 | | this provision, known as preclearance, served as a bulwark against |
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18 | 18 | | disenfranchisement, blocking discrimination before it occurred; |
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19 | 19 | | and |
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20 | 20 | | WHEREAS, On June 25, 2013, in its Shelby decision, a sharply |
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21 | 21 | | divided Supreme Court rendered Section 5 inoperable by invalidating |
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22 | 22 | | as antiquated Section 4(b), the formula used to determine the |
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23 | 23 | | states and localities covered by preclearance; absent |
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24 | 24 | | congressional resolve to update the formula, lawmakers in many |
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25 | 25 | | states and districts seized the opportunity to revive voting |
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26 | 26 | | changes that had been blocked, to move forward with changes |
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27 | 27 | | previously deterred, and to implement new discriminatory |
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28 | 28 | | restrictions; such measures included draconian voter ID laws, the |
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29 | 29 | | elimination of early voting opportunities, and the closing or |
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30 | 30 | | moving of hundreds and likely thousands of polling sites; all of |
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31 | 31 | | these actions, which disproportionately affected minorities, |
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32 | 32 | | low-income communities, people with disabilities, and students, |
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33 | 33 | | would previously have required federal approval under Section 5; |
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34 | 34 | | and |
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35 | 35 | | WHEREAS, Court rulings and studies alike have shown that in |
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36 | 36 | | the wake of Shelby, discrimination is widespread; in July 2016, the |
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37 | 37 | | Fourth Circuit Court of Appeals struck down North Carolina's new |
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38 | 38 | | voting rules, noting that they targeted African Americans with |
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39 | 39 | | "surgical precision"; the nonpartisan Election Protection |
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40 | 40 | | coalition undertook a comprehensive review of the 2016 presidential |
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41 | 41 | | election and found a range of barriers to voting, including |
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42 | 42 | | improper enforcement of voter ID laws, dissemination of incorrect |
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43 | 43 | | or deceptive information, failure to provide information, and voter |
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44 | 44 | | intimidation; the organization concluded that without an |
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45 | 45 | | enforceable Section 5, approximately 24 percent of the nonwhite |
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46 | 46 | | voting-age population is more vulnerable to discriminatory |
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47 | 47 | | election practices; and |
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48 | 48 | | WHEREAS, For more than a half century, the Voting Rights Act |
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49 | 49 | | has been a vital means of squelching discrimination in the form of |
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50 | 50 | | inequitable redistricting plans, onerous voter ID laws, artificial |
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51 | 51 | | barriers to voting, elimination of early voting opportunities, and |
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52 | 52 | | unfair polling place changes; without a functioning Section 5, |
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53 | 53 | | however, expensive litigation is required to fight unjust voting |
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54 | 54 | | laws, and while legal proceedings drag on, countless voters are |
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55 | 55 | | denied the right to cast ballots; the Supreme Court left it to |
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56 | 56 | | Congress to modernize the formula to determine which states and |
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57 | 57 | | jurisdictions are to be covered by Section 5, and new legislation is |
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58 | 58 | | urgently needed that would restore and strengthen the Voting Rights |
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59 | 59 | | Act; and |
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60 | 60 | | WHEREAS, The United States was founded on the principle that |
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61 | 61 | | we are all created equal, and as the world's leading democracy, we |
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62 | 62 | | must set the standard for free, fair, and accessible elections in |
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63 | 63 | | which every vote is counted; now, therefore, be it |
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64 | 64 | | RESOLVED, That the 85th Legislature of the State of Texas, |
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65 | 65 | | 1st Called Session, hereby urge the United States Congress to |
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66 | 66 | | restore and strengthen the Voting Rights Act of 1965; and, be it |
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67 | 67 | | further |
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68 | 68 | | RESOLVED, That the Texas secretary of state forward official |
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69 | 69 | | copies of this resolution to the president of the United States, to |
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70 | 70 | | the president of the Senate and the speaker of the House of |
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71 | 71 | | Representatives of the United States Congress, and to all the |
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72 | 72 | | members of the Texas delegation to Congress with the request that |
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73 | 73 | | this resolution be entered in the Congressional Record as a |
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74 | 74 | | memorial to the Congress of the United States of America. |
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