Texas 2023 - 88th Regular

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11 88R9958 TBO-D
22 By: Reynolds H.C.R. No. 51
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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 County v. Holder,
88 many 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 County decision, a
2121 sharply divided Supreme Court rendered Section 5 inoperable by
2222 invalidating as antiquated Section 4(b), the formula used to
2323 determine the 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 County, discrimination is widespread; the
3737 nonpartisan Election Protection coalition undertook a
3838 comprehensive review of the 2016 presidential election and found a
3939 range of barriers to voting, including improper enforcement of
4040 voter ID laws, dissemination of incorrect or deceptive information,
4141 failure to provide information, and voter intimidation; the
4242 organization concluded that without an enforceable Section 5,
4343 approximately 24 percent of the nonwhite voting-age population is
4444 more vulnerable to discriminatory election practices; and
4545 WHEREAS, For more than a half century, the Voting Rights Act
4646 has been a vital means of quelling discrimination in the form of
4747 inequitable redistricting plans, onerous voter ID laws, artificial
4848 barriers to voting, elimination of early voting opportunities, and
4949 unfair polling place changes; without a functioning Section 5,
5050 however, expensive litigation is required to fight unjust voting
5151 laws, and while legal proceedings drag on, countless voters are
5252 denied the right to cast ballots; the Supreme Court left it to
5353 Congress to modernize the formula to determine which states and
5454 jurisdictions are to be covered by Section 5, and new legislation is
5555 urgently needed to restore and strengthen the Voting Rights Act;
5656 and
5757 WHEREAS, The United States was founded on the principle that
5858 we are all created equal, and as the world's leading democracy, we
5959 must set the standard for free, fair, and accessible elections in
6060 which every vote is counted; now, therefore, be it
6161 RESOLVED, That the 88th Legislature of the State of Texas
6262 hereby urge the United States Congress to restore and strengthen
6363 the Voting Rights Act of 1965; and, be it further
6464 RESOLVED, That the Texas secretary of state forward official
6565 copies of this resolution to the president of the United States, to
6666 the president of the Senate and the speaker of the House of
6767 Representatives of the United States Congress, and to all the
6868 members of the Texas delegation to Congress with the request that
6969 this resolution be entered in the Congressional Record as a
7070 memorial to the Congress of the United States of America.