Texas 2017 - 85th 1st C.S.

Texas House Bill HCR23 Compare Versions

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11 85S10417 KSM-D
22 By: Reynolds H.C.R. No. 23
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55 CONCURRENT RESOLUTION
66 WHEREAS, Since the U.S. Supreme Court eviscerated the Voting
77 Rights Act of 1965 with its decision in Shelby v. Holder, many
88 citizens have confronted new barriers to participation in our
99 democracy; and
1010 WHEREAS, During the Civil Rights Era, the United States
1111 Congress passed the Voting Rights Act to prevent government at all
1212 levels from enacting laws or policies that deny American citizens
1313 the right to vote based on race or ethnicity; one of the key
1414 provisions, Section 5, requires jurisdictions with a history of
1515 discrimination to obtain prior federal approval of changes to
1616 voting rules that could affect minorities; for nearly five decades,
1717 this provision, known as preclearance, served as a bulwark against
1818 disenfranchisement, blocking discrimination before it occurred;
1919 and
2020 WHEREAS, On June 25, 2013, in its Shelby decision, a sharply
2121 divided Supreme Court rendered Section 5 inoperable by invalidating
2222 as antiquated Section 4(b), the formula used to determine the
2323 states and localities covered by preclearance; absent
2424 congressional resolve to update the formula, lawmakers in many
2525 states and districts seized the opportunity to revive voting
2626 changes that had been blocked, to move forward with changes
2727 previously deterred, and to implement new discriminatory
2828 restrictions; such measures included draconian voter ID laws, the
2929 elimination of early voting opportunities, and the closing or
3030 moving of hundreds and likely thousands of polling sites; all of
3131 these actions, which disproportionately affected minorities,
3232 low-income communities, people with disabilities, and students,
3333 would previously have required federal approval under Section 5;
3434 and
3535 WHEREAS, Court rulings and studies alike have shown that in
3636 the wake of Shelby, discrimination is widespread; in July 2016, the
3737 Fourth Circuit Court of Appeals struck down North Carolina's new
3838 voting rules, noting that they targeted African Americans with
3939 "surgical precision"; the nonpartisan Election Protection
4040 coalition undertook a comprehensive review of the 2016 presidential
4141 election and found a range of barriers to voting, including
4242 improper enforcement of voter ID laws, dissemination of incorrect
4343 or deceptive information, failure to provide information, and voter
4444 intimidation; the organization concluded that without an
4545 enforceable Section 5, approximately 24 percent of the nonwhite
4646 voting-age population is more vulnerable to discriminatory
4747 election practices; and
4848 WHEREAS, For more than a half century, the Voting Rights Act
4949 has been a vital means of squelching discrimination in the form of
5050 inequitable redistricting plans, onerous voter ID laws, artificial
5151 barriers to voting, elimination of early voting opportunities, and
5252 unfair polling place changes; without a functioning Section 5,
5353 however, expensive litigation is required to fight unjust voting
5454 laws, and while legal proceedings drag on, countless voters are
5555 denied the right to cast ballots; the Supreme Court left it to
5656 Congress to modernize the formula to determine which states and
5757 jurisdictions are to be covered by Section 5, and new legislation is
5858 urgently needed that would restore and strengthen the Voting Rights
5959 Act; and
6060 WHEREAS, The United States was founded on the principle that
6161 we are all created equal, and as the world's leading democracy, we
6262 must set the standard for free, fair, and accessible elections in
6363 which every vote is counted; now, therefore, be it
6464 RESOLVED, That the 85th Legislature of the State of Texas,
6565 1st Called Session, hereby urge the United States Congress to
6666 restore and strengthen the Voting Rights Act of 1965; and, be it
6767 further
6868 RESOLVED, That the Texas secretary of state forward official
6969 copies of this resolution to the president of the United States, to
7070 the president of the Senate and the speaker of the House of
7171 Representatives of the United States Congress, and to all the
7272 members of the Texas delegation to Congress with the request that
7373 this resolution be entered in the Congressional Record as a
7474 memorial to the Congress of the United States of America.