[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] EVIDENCE OF CURRENT AND ONGOING VOTING DISCRIMINATION ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ SEPTEMBER 10, 2019 __________ Serial No. 116-45 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available http://judiciary.house.gov or www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 38-123 WASHINGTON : 2020 -------------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking SHEILA JACKSON LEE, Texas Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr., HENRY C. ``HANK'' JOHNSON, Jr., Wisconsin Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania MARY GAY SCANLON, Pennsylvania, BEN CLINE, Virginia Vice-Chair KELLY ARMSTRONG, North Dakota SYLVIA R. GARCIA, Texas W. GREGORY STEUBE, Florida JOE NEGUSE, Colorado LUCY McBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas Perry Apelbaum, Majority Staff Director & Chief Counsel Brendan Belair, Minority Staff Director SUBCOMMITTEE ON THE CONSITITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES STEVE COHEN, Tennessee, Chair JAMIE RASKIN, Maryland ERIC SWALWELL, California MIKE JOHNSON, Louisiana, MARY GAY SCANLON, Pennsylvania Ranking Member MADELEINE DEAN, Pennsylvania LOUIE GOHMERT, Texas SYLVIA R. GARCIA, Texas JIM JORDAN, Ohio VERONICA ESCOBAR, Texas GUY RESCHENTHALER, Pennsylvania SHEILA JACKSON LEE, Texas BEN CLINE, Virginia KELLY ARMSTRONG, North Dakota James Park, Chief Counsel Paul Taylor, Minority Counsel C O N T E N T S ---------- SEPTEMBER 10, 2019 OPENING STATEMENTS Page The Honorable Steve Cohen, Chairman, Subcommittee on the Constitution, Civil Rights, and Civil Liberties................ 1 The Honorable Mike Johnson, Ranking Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties................ 3 The Honorable Jerrold Nadler, Chairman, Committee on the Judiciary...................................................... 5 WITNESSES Vanita Gupta, President and CEO, Leadership Conference on Civil and Human Rights Oral Testimony............................................... 12 Prepared Testimony........................................... 15 Derrick Johnson, President and CEO, NAACP Oral Testimony............................................... 23 Prepared Testimony........................................... 25 Dale Ho, Director, American Civil Liberties Union Voting Rights Project Oral Testimony............................................... 39 Prepared Testimony........................................... 41 J. Christian Adams, President and General Counsel, Public Interest Legal Foundation Oral Testimony............................................... 64 Prepared Testimony........................................... 66 Myrna Perez, Director, Voting Rights and Elections Program, Brennan Center for Justice Oral Testimony............................................... 73 Prepared Testimony........................................... 75 Natalie A. Landreth, Senior Staff Attorney, Native American Rights Fund Oral Testimony............................................... 84 Prepared Testimony........................................... 86 APPENDIX Statement for the record submitted by The Honorable Doug Collins, Ranking Member, Committee on the Judiciary..................... 109 Items for the record submitted by Myrna Perez, Director, Voting Rights and Elections Program, Brennan Center for Justice....... 112 Item for the record submitted by J. Christian Adams, President and General Counsel, Public Interest Legal Foundation.......... 112 EVIDENCE OF CURRENT AND ONGOING VOTING DISCRIMINATION ---------- TUESDAY, SEPTEMBER 10, 2019 House of Representatives Subcommittee on the Constitution, Civil Rights, and Civil Liberties Committee on the Judiciary Washington, DC. The subcommittee met, pursuant to call, at 10:04 a.m., in Room 2141, Rayburn Office Building, Hon. Steve Cohen [chairman of the subcommittee] presiding. Present: Representatives Cohen, Nadler, Raskin, Scanlon, Dean, Garcia, Johnson of Louisiana, Gohmert, Jordan, Cline, and Armstrong. Staff present: David Greengrass, Senior Counsel; John Doty, Senior Advisor; Madeline Strasser, Chief Clerk; Moh Sharma, Member Services and Outreach Advisor; Susan Jensen, Parliamentarian/Senior Counsel; Julian Gerson, Staff Assistant; James Park, Chief Counsel; Keenan Keller, Senior Counsel; and Will Emmons, Professional Staff Member. Mr. Cohen. We don't have a gavel. The Committee on the Constitution, Civil Rights, and Civil Liberties is called to order. Without objection, the chair is authorized to declare a recess of this subcommittee at any time. Welcome, everyone, to today's hearing, a field hearing on ``Evidence''--well, it is not a field hearing--on ``Evidence of Current and Ongoing Voting Discrimination.'' I now recognize myself for an opening statement. Today's hearing on ``Evidence of Current and Ongoing Voting Discrimination'' is part of a series of hearings that the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties will hold over the course of this year to assess the current need for a reinvigoration of the preclearance requirement of Section 5 of the Voting Rights Act of `65 to consider other ways to strengthen that landmark civil rights statute. I am not sure why we say ``reinvigoration.'' That seems to be one of the words we toss around. It is not really a reinvigoration. It is a degradation of--Section 4 was cut out, so we need to have a Section 4 to activate Section 5. Section 5 has been made dormant by the Supreme Court saying Section 4 wasn't adequate. So we need to find a new test to awaken the dormant power of Section 5. The Voting Rights Act of '65 was widely considered the most effective civil rights statute ever enacted by Congress. The act was enormously successful in expanding Federal authority to protect the fundamental right to vote, and one of its central enforcement provisions was its Section 5 preclearance provision. The provision required certain jurisdictions with a history of voting discrimination against racial and language minority groups, predominantly those that tended to be in the Deep South, to obtain approval of any changes to their voting laws or procedures from the Department of Justice or the U.S. District Court for the District of Columbia before those changes could take effect. The purpose of the preclearance requirement was to ensure that jurisdictions that were most likely discriminating against minority voters, as shown by a finding of Congress, would bear the burden of proving that any changes to the voting laws were not discriminatory before such changes could take effect and, therefore, not discriminate in fact against people that they shouldn't be taking that action against. It provided a mechanism to assure that the new voting rules and practices of jurisdictions with a history of discrimination were fair to all voters, so we had this when we passed the Voting Rights Act in '65. There was a list of jurisdictions. It was renewed. There was a list of jurisdictions. And then in 2013, in Shelby v. Holder, our Supreme Court said what we did in the past with Mr. Sensenbrenner, who was chairman of the committee, and what the House did by a vote of like 390- something to 33, in the Senate by 98 to nothing, was not adequate; that a finding by the Congress of legislative--for legislative action was not sufficient, that the court, which generally kind of says it bears deference to Congress, was going to jump in and put its opinion above Congress. So what the preclearance requirements did is it prevented potentially discriminatory voting practices from taking before they harm minority voters, which was the purpose of these laws, so would have found the courts. And in this way preclearance proved to be a significant means of protection of the rights of minority voters. This is why Congress had repeatedly reauthorized the preclearance provision, overwhelmingly bipartisan, most recently in 2006, and Mr. Sensenbrenner was the chairman of this committee at the time and did a great job. It was 390 to 33 in the House, and the Senate was 98 to nothing. Unfortunately, the Supreme Court effectively gutted Section 5 in 2013. Shelby County v. Holder struck down the coverage formula of Section 4 that determined which jurisdictions would be subject to the preclearance requirement. As a result, the preclearance provision remains dormant unless and until Congress adopts this new coverage formula. So we have to have hearings to show the court that we have taken information and our findings are based on fact. We have heard in the four hearings we have held so far this year on voting rights, most recently in Memphis, Tennessee, and we will further learn in today's hearing, since the Shelby decision we have seen formerly covered jurisdictions implement numerous discriminatory voting measures. North Carolina, for example, passed a sweeping voting suppression law that a Federal appeals court ultimately held to be unconstitutional, finding that it intentionally targeted African Americans with almost surgical precision. And, of course, by doing it after they put it into effect, they had their desired effect, which was to limit African American voting. If they were under the preclearance requirement, the courts could have stopped them from doing it before they did, as Mel Brooks would say, that ``voodoo that they do so well.'' We will also hear about recent measures to make it difficult or impossible for minority voters to exercise their right to vote. These measures include polling place closures and relocations, the purging of voter rolls that disproportionately target racial and ethnic minority voters, discriminatory photo ID laws, and restrictions on ex-felon voting, all of which are designed to make it harder for African Americans and other racial and ethnic minorities to vote. Last week in Memphis, we learned about Tennessee's third- party registration law that would impose draconian penalties on groups like the League of Women Voters who work to register new voters for minor errors and omissions in registration forms. It made it a criminal effort for people to do so. Back in May, we learned about a similar law in Texas and about many other examples of voting discrimination in that State. And we have seen States engage in racial gerrymandering designed to dilute the strength of minority voters. In the absence of an effective preclearance formula regime, there is almost a certainty that these discriminatory measures will undermine the voting rights of racial and language minority voters and erode our democracy. While Section 2 of the Voting Rights Act, which prohibits discrimination in voting, remains in effect, it is by itself less effective, significantly more cumbersome, and often prohibitively expensive to enforce the Voting Rights Act. Most importantly, plaintiffs cannot invoke Section 2 until after alleged harm has taken place. Requiring discrimination victims to rely solely on such a remedy effectively neuters the act. The onus, therefore, is on Congress to create a new coverage formula to reinvigorate the act's most important enforcement mechanism: its preclearance requirement. I thank our witnesses and our members for being here today. I look forward to a fruitful discussion. And I would now like to recognize the ranking member, Mr. Johnson, for his opening statement. Mr. Johnson of Louisiana. Thank you, Mr. Chairman, and I appreciate you all for being here. As the minority party on this committee, I think there is a couple of things that we just want to say at the outset as we begin the hearing. First of all, let's be clear about this. We all agree that discriminatory treatment in voting based on race or sex is abhorrent. It is prohibited by the Constitution, as it should be, and it is prohibited by Federal statute, as it should be. But, too often, complaints of discrimination in voting have nothing to do with discriminatory treatment. Instead, rules entirely neutral on their face are sometimes claimed to be discriminatory simply because they have a disparate impact on one group or another. Disparate impact claims are a form of identity politics, and they contradict, for example, Dr. Martin Luther King Jr.'s admonition to focus on consciences rather than racial groups. Dr. King said famously in his ``I Have a Dream'' speech: ``When the architects of our Republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the inalienable rights to life, liberty, and the pursuit of happiness.'' Dr. King said it well. That promissory note promised life, liberty, and the pursuit of happiness, not equality of outcomes. Insofar as proponents of changes in the law base them on enforcement of equal outcomes instead of equal opportunity, we just believe genuinely that they pervert the language of our founding documents and they fail to understand the import of Dr. King's words. Disparate impacts are not proof of discrimination. Indeed, they are statistically inevitable. As Thomas Sowell has explained, if several criteria need to be met for any given outcome--and this can apply to voting requirements as well-- then small variations in any group's odds of meeting any of those criteria will produce different outcomes for the group generally. The problem with disparate impact theory in the voting rights context is that disparate impact is often used to falsely impute racism or discrimination. But there are thousands of reasonable reasons a neutral voting rule might have a disparate impact, reasons that have nothing whatsoever to do with discrimination. Take the example of the Department of Justice's letter declining to preclear South Carolina's voter ID law under the Voting Rights Act of 2011--in 2011. The Department claimed in the letter that, ``Minority registered voters were nearly 20 percent more likely to be effectively disenfranchised'' by the law because they lacked a driver's license. But the difference between white and African American holders of a driver's license was only 1.6 percent. The Justice Department used the 20-percent figure because, while the State's data showed that 8.4 percent of white registered voters lacked any form of DMV- issued ID as compared to 10 percent of nonwhite registered voters, the number 10 is 20 percent larger than the number 8.4. It is true mathematically that 10 is 20 percent larger than 8.4--actually, it is 19 percent larger, but the Justice Department rounded up--but it clearly distorts the reported difference in driver's license rates, and it was used to falsely declare the South Carolina law as objectionable. What other factors might then explain differences in outcomes among demographic groups? Well, let's give another example. Data shows that younger people across racial groups tend to be the least likely to have driver's licenses. Consequently, if African Americans have proportionately more young people in their demographic group, there will be a disproportionate number of individuals in that ethnic group without driver's licenses, however slight, as is indeed the case. As the facts follow, this is due to demographics and not discrimination. The disparate impact approach to civil rights and the assumption that different outcomes are the result of prejudice is fundamentally unsound for the same reason social scientists are trained that correlation does not imply causation. In other words, there can be all sorts of correlations between one event and another, and that doesn't answer the question as to why that correlation exists. My point again is not that voting discrimination has disappeared forever. We know it hasn't. My point is only that disparate impacts can't be meaningfully used to prove voting discrimination. Regarding discriminatory treatment in voting that is based on race, Section 3 of the Voting Rights Act, which is permanent Federal statutory law, remains in place and in full effect. Just a couple years ago, for example, U.S. District Court Judge Lee Rosenthal issued an opinion in a redistricting case that required the city of Pasadena, Texas, to be monitored by the Justice Department because it had intentionally changed its city council districts to decrease Hispanic influence. The city, which the court ruled ``has a long history of discrimination against minorities,'' was required to have their future voting rules changes precleared by the Department of Justice for the next 6 years during which time the Federal judge retains jurisdiction to review before enforcement any change to the election map or plan that was in effect in Pasadena on December 1, 2013. A change to the city's election plan can be enforced without review by the judge only if it has been submitted to the U.S. Attorney General and the Department of Justice has not objected within 60 days. Look, I support Section 3 and its application to proven instances of discriminatory treatment in voting, and I look forward to hearing from all of our witnesses here today. I yield back. Mr. Cohen. Thank you, Mr. Johnson. I now recognize the chairman of the full Judiciary Committee, the gentleman from much of New York--Manhattan, the East Side---- Chairman Nadler. West Side. Mr. Cohen. West Side. West Side, East Side, all about the town--Mr. Nadler for his opening statement. Chairman Nadler. Thank you, Mr. Chairman, and let me express my appreciation to you for hosting us at the field hearing on voting rights in Memphis last week. Since the Supreme Court's disastrous 2013 decision in Shelby County v. Holder, which effectively gutted the most critical enforcement provision of the Voting Rights Act of 1965, the preclearance requirement, we have seen a troubling trend. States and localities--and, in particular, those that were formerly subject to the preclearance requirement--have enacted or engaged in various voter suppression tactics, such as burdensome proof of citizenship laws, polling place closures, purges of voter rolls, significant scale-backs to early voting periods, restrictions on absentee ballots, and laws that make it difficult to restore the voting rights of formerly incarcerated individuals. These kinds of voting restrictions have a disproportionate negative impact on racial and language minority voters, and contrary to what we just heard, disparate impact is very, very much a very useful evidentiary tool. In the most recent elections in November 2018, voters across the country experienced various barriers to voting because of State and local laws and circumstances that made it harder, even impossible to vote. For example, we heard last week during our field hearing in Memphis that in Georgia, under that State's exact match law, 53,000 voter registrants, 70 percent of whom are African American, by pure happenstance, were placed in pending status and at risk of not being counted by the Secretary of State, who was also the Republican nominee for Governor in that same election, because of minor misspellings on their registration forms. A Federal court ultimately put a stop to this practice because of the ``differential treatment inflicted on a group of individuals who are predominantly minorities'' but had acted just 4 days before the election and only after a prolonged period of confusion. Section 5 of the Voting Rights Act, or VRA, contains the preclearance requirement which requires certain jurisdictions with a history of discrimination to submit any proposed changes to their voting laws and practices to the Department of Justice for prior approval to ensure that they are not discriminatory. To understand why the preclearance requirement was so central to enforcing the VRA, it is worth remembering why it was enacted in the first place. Before the VRA, many States and localities passed voter suppression laws, secure in the knowledge that it could take many years before the laws could be successfully challenged in court, if at all. As soon as one law was overturned, another would be enacted, essentially setting up a discriminatory game of Whac-A-Mole. Section 5's preclearance provision broke this legal logjam and helped to stop this discriminatory practice. Indeed, the success of the Voting Rights Act with its effective preclearance requirement was apparent almost immediately after the law went into effect. For instance, registration of African American voters and the number of African Americans holding elective office both rose dramatically in the few years after enactment of Section 5. These successes could not have happened without vigorous enforcement of the Voting Rights Act, and particularly of its preclearance provision. The Shelby County decision, however, struck down as unconstitutional the VRA's coverage formula, which determined which jurisdictions would be subject to the preclearance requirement, effectively suspending the operation of the preclearance requirement itself. And in its absence, the game of Whac-A-Mole has returned without a vengeance. Not surprisingly, within 24 hours of the Shelby County decision, Texas Attorney General and North Carolina's General Assembly announced they would reinstitute draconian voter ID laws. Federal courts ultimately held both laws to be intentionally racially discriminatory--not disparate impact; intentionally racially discriminatory. But during the years between their enactment and the courts' final decisions, States and localities held many elections while the discriminatory laws remained in place and many people were denied their rightful right to vote. In short, before the racial discrimination could be stopped, the damage had already been done. At least 21 other States have also enacted newly restrictive statewide voter laws since the Shelby County decision. Restoring the vitality of the Voting Rights Act is of critical importance. In 2006, when I was the ranking member of this subcommittee, we undertook an exhaustive process to build a record that demonstrated unequivocally the need to reauthorize the Voting Rights Act, provisions of which like the preclearance requirement and the coverage formula that undergirded it were expiring. At the time we found that many covered jurisdictions were still facilitating ongoing discrimination. For instance, these States and the subdivisions continue to engage in racially selective practices such as relocating polling places for African American voters, and in the case of localities annexing certain wards simply to satisfy white suburban voters who sought to circumvent the ability of African Americans to run for elective office in their cities. While it is true that those seeking to enforce the VRA can still pursue after-the-fact legal remedies even without preclearance, time and experience have proven that such an approach takes far longer and is far more expensive than having an effective preclearance regime. And once a vote has been denied, it cannot be recast. The damage to our democracy is permanent. That is why I hope that members on both sides of the aisle and in both chambers of Congress will come together and pass legislation to restore the VRA to its full vitality. Today's hearing will provide an additional opportunity to renew our understanding of the importance of the Voting Rights Act, and, in particular, of its preclearance provisions, and to support our efforts to craft a legislative solution. I look forward to hearing from our distinguished witnesses, to hear about their findings of ongoing voting discrimination by States and localities. I yield back the balance of my time. Mr. Cohen. Thank you, Mr. Chairman. Mr. Collins, the ranking member, has a statement. It will be introduced for the record. He is not present. Mr. Johnson of Louisiana. If he shows up, he wants to deliver it. [The statement of Mr. Collins follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. We welcome our witnesses and thank them for participating in today's hearing. Your written statements will be entered into the record in their entirety. I ask each of you to summarize your statement for 5 minutes, to stay within the time. There is a timing light on your table. When the light switches from green to yellow, it means you have got 1 minute left, just like a traffic light. When it turns red, trouble. Five minutes expired. I remind every witness that your statements, written or oral, made to the subcommittee are subject to penalties of perjury under 18 U.S.C. 1001, which may result or could result in the imposition of a fine or imprisonment up to 5 years, or both--a fine as well. But that will not likely happen. Our first witness is Ms. Vanita Gupta. Ms. Gupta is the president and chief executive officer of the Leadership Conference on Civil and Human Rights. Previously, she served as Principal Deputy Assistant Attorney General and as Acting Assistant Attorney General and the head of the Civil Rights Division at the U.S. Department of Justice during the Obama administration. Ms. Gupta received her law degree from New York University School of Law, which is in Mr. Nadler's district, and received her undergraduate degree magna cum laude from Yale University, which, with a Sharpie, could be in Mr. Nadler's district, too. [Laughter.] Mr. Cohen. Ms. Gupta, you are recognized for 5 minutes. STATEMENTS OF VANITA GUPTA, PRESIDENT AND CHIEF EXECUTIVE OFFICER, THE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS; DERRICK JOHNSON, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP); DALE HO, DIRECTOR, VOTING RIGHTS PROJECT, AMERICAN CIVIL LIBERTIES UNION; J. CHRISTIAN ADAMS, PRESIDENT AND GENERAL COUNSEL, PUBLIC INTEREST LEGAL FOUNDATION; MYRNA PEREZ, DIRECTOR, VOTING RIGHTS AND ELECTIONS PROGRAM, BRENNAN CENTER FOR JUSTICE, NEW YORK UNIVERSITY SCHOOL OF LAW; AND NATALIE A. LANDRETH, SENIOR STAFF ATTORNEY, NATIVE AMERICAN RIGHTS FUND STATEMENT OF VANITA GUPTA Ms. Gupta. Chairman Nadler, Chairman Cohen, Ranking Member Johnson, and members of the subcommittee, thank you for the opportunity to testify today. And thank you, Chairman Cohen, for your leadership and calling this hearing to restore the Voting Rights Act. The VRA is considered one of the most successful pieces of civil rights legislation in our history. Not long ago, just in 2006, this very body reauthorized the VRA with sweeping bipartisan support. But in 2013, five Justices of the Supreme Court gutted the VRA's most powerful provision: the Section 5 preclearance system. Section 5 enabled the Federal Government to block proposed discriminatory voting restrictions in places with the most pervasive histories of discrimination. It also ensured that changes to voting rules were public, transparent, and evaluated to protect voters against discrimination based on race and language. When I served in the Justice Department, we relied on Section 2 of the VRA to help mitigate the damage done by the Shelby County decision. We challenged discriminatory laws passed in North Carolina and Texas in the immediate aftermath of the decision, and we were successful. Courts found intentional discrimination and have found intentional discrimination in at least nine Federal court cases since the Shelby County decision. But Section 2 litigation can take years. While litigation is pending, elections are actually taking place, and millions of voters can be effectively disenfranchised with no remedy when they are voting pursuant to laws that are later found to have been enacted through intentional discrimination. So the reality is Section 2 just simply is no substitute for the need to restore the Section 5 preclearance provision. Restoring preclearance is all the more important under an administration that refuses to challenge discriminatory voting measures. Not a single case has been opened, including barriers to voter registration, restrictive voter ID requirements, and polling place closures, which I want to focus on today. Polling place closures and consolidation can be a pernicious tactic for disenfranchising voters, particularly voters of color, older voters, rural voters, and voters with disabilities, and since the Shelby decision jurisdictions are closing polling places at an alarming speed. This morning, the Leadership Conference Education Fund released ``Democracy Diverted,'' a ground-breaking report that analyzes polling places in 757 counties that had once been covered by Section 5. We found that 1,688 polling places were closed between 2012 and 2018. The report also analyzes polling place reductions in the years between the 2014 and 2018 midterm elections. We found 1,173 fewer polling places in 2018 despite a significant increase in voter turnout. Overall, Texas alone closed 750 polling places; Arizona closed 320; Georgia, 214; Louisiana, Mississippi, North Carolina, and Alabama trail behind them. This crisis also extends beyond States formerly covered by Section 5. Our campaign, All Voting Is Local, identified similar trends in Ohio. Between 2016 and 2018, Cuyahoga County, which is home to Cleveland, eliminated 41 polling locations, the bulk of which happened in majority black wards. Now, of course, there may be valid reasons for polling place closures, but it is important to recognize that these closures are taking place amidst a larger constellation of efforts to prevent people of color from voting. And without preclearance, States are under no obligation to evaluate the discriminatory impacts and potential harms of polling place closures. As our report found, closures often mean long lines at polling places, transportation hurdles, and mass confusion about where eligible voters may cast their ballots. For many people, these burdens may make it harder and sometimes impossible to vote. Some jurisdictions cite voter modernization, including vote by mail participation, as a justification for poll closures. And yet the move to mail-in ballots is far from racially neutral. In Arizona, All Voting Is Local found that 96 percent of non-Native Americans live on a U.S. Postal Service carrier route while only 26 percent of Native Americans live on a U.S. Postal Service carrier route. Before the Shelby decision, scrutiny of voting changes under Section 5 ensured that polling place reductions did not discriminate against voters of color, and this critical protection no longer exists, and the consequences on voter access are devastating. This is why the Leadership Conference recommended that the subcommittee and urges the subcommittee pass H.R. 4 to restore the Voting Rights Act based on current conditions today. While there are justifiable reasons for closing polling places, the sheer scale of closures we identified since Shelby coupled with other stark efforts to deny voting rights to people of color demand our response, and our coalition is committed to protecting and expanding the franchise, and we look forward to working with you until the day these reforms are signed into law. Thank you. [The statement of Ms. Gupta follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you very much, Ms. Gupta. Mr. Derrick Johnson is our next witness. He is the president and chief executive officer of the NAACP, a position he has held since October 2017. He had previously served as vice chairman of the NAACP National Board of Directors and as president of the NAACP Mississippi State Conference. Mr. Johnson received his J.D. from the South Texas College of Law and his undergraduate degree from Tougaloo College in Jackson, Mississippi. Mr. Johnson, you come from my part of the world. Welcome. STATEMENT OF DERRICK JOHNSON Mr. Johnson. Good morning, Chairman Cohen, Chairman Nadler, Ranking Member Johnson, and members of the subcommittee. Thank you for inviting me to testify. For background, I have spent more than two decades in Mississippi, which has been front and center in the fight for voting rights. Allow me to get to the point: Our democracy is in crisis. There is a frontal assault on the right of people of color to fully participate. We are 6 years, 2 months, 16 days until the Shelby County ruling. This was the worst attack on participatory democracy in modern history. The ink was not even dry before the floodgates of voter suppression opened. Chief Justice John Roberts was dead wrong when he said in Shelby County that our county--our country has changed. Just take a look around. It most certainly has not. Voter suppression has become rampant. Instead of asking where is it occurring, we should ask, where is it not? And Congress has a constitutional duty to act. My testimony lays out the problems we face around the country. I would like to make five points here. First, the assault on democracy is conducted by States and local jurisdictions. Much attention is focused on statewide efforts to suppress the vote, but it can happen in every community. Secondly, today's disenfranchisement takes many forms. It is adaptive and it is pervasive. These are just a few stringent voter ID requirements like North Carolina's which we successfully challenged and which a court found targeted African Americans with surgical precision: purges of voter rolls like we are seeing in Ohio right now; massive closures of polling places in communities of color; shortened voting periods and elimination of Sunday voting and ``Souls to the Polls'''; measures making it criminal for groups to register voters, like the ones we recently had to challenge in Tennessee. Thirdly, there is no defense. Voter suppression is often done in the name of combating voter fraud. But let's be clear. This is not a real problem. Reports of voter fraud is about as common as reports of alien abduction. Even Trump had to disband his voting commission because fraud does not exist. Fourthly, while voting discrimination was well documented in States subject to preclearance under the Voting Rights Act, it has spread like a cancer to other States never subject to coverage. The tragic fact is that no community is immune. Everyone everywhere must remain vigilant. Finally, we cannot address this alone. My testimony entered into the record discusses the vast efforts of our legal department in conjunction with our State conferences and other legal organizations on the ground to combat voter suppression. But here is the situation: Shelby County eliminated the preclearance requirement, and Trump's Justice Department is missing in action on any voting rights enforcements. Our branches and members are asked to what used to be the job of the Federal Government: protect the right to vote. To be clear, we are fighting back wherever and whenever we can. But this is not sustainable. Congress must step up to combat this Nation's epidemic. Congress must pass Voting Rights Advancement Act. Make no mistake: Congress has simple evidence to restore the Voting Rights Act to its full strength. Given the daily experiences of our community with voter suppression in the lead-up to and on election day, no one can deny the strong record that supports immediate passage. Congress must also pass For the People Act. Voting must be simplified. Access to ballots must be expanded. This bill would make it easier to cast a vote and make sure that that vote is counted. Finally, Congress must pass Securing America's Federal Election Act. The SAFE Act would help our elections secure and free from foreign intervention, interference that disproportionately targeted African Americans. Robert Mueller warned this committee about Russian interference in our election. He said, ``They are doing it as we sit here.'' We must defend our democracy, period. This year, the NAACP celebrated our 110th anniversary. We have never wavered from demanding an inclusive, secure democracy. It is now time for Congress to make protecting the franchise the highest priority. In Mississippi, what I experienced over the last 20 years is what I am watching across this country. If we do not stand up to protect democracy and make it work today, who will? And how can we ever have a true representative Government? Thank you for allowing me to testify. I welcome any questions. [The statement of Mr. Johnson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Mr. Johnson, and just parenthetically, I will mention that in Memphis, the location that houses the Election Commission downtown was dedicated yesterday as the James Meredith Building, in honor of his integrating Ole Miss and fighting for voting rights. Mr. Dale Ho is director of the Voting Rights Project at the American Civil Liberties Union. In that role, he supervises the ACLU's voting rights litigation and advocacy work nationwide. He currently has active cases in dozens of States around the country. He has testified on election law issues before this Congress and State legislatures. He is also an adjunct clinical professor of law at the New York University School of Law, received his J.D. from Yale Law School and his undergraduate degree from Princeton. Mr. Ho, you are recognized for 5 minutes. Thank you. STATEMENT OF DALE HO Mr. Ho. Chairman Cohen, Chairman Nadler, Ranking Member Johnson, and members of the subcommittee, thank you very much for the opportunity to testify today. My name is Dale Ho, and I am the director of the ACLU Voting Rights Project. Justice Ruth Bader Ginsburg famously warned that the Supreme Court's decision striking down a part of the Voting Rights Act in Shelby County v. Holder was like ``throwing away your umbrella in a rainstorm.'' And sure enough, after the decision, a downpour came, with a wave of discriminatory voting laws. The ACLU has been on the front lines. We have opened more than 60 new voting rights investigations and cases since the decision. Some of our recent and ongoing cases include: Department of Commerce v. State of New York, a case that I argued before the Supreme Court earlier this year, successfully challenging the administration's attempt to add a citizenship question to the 2020 census; NAACP v. McCrory, where, along with the NAACP and others, we successfully challenged the sweeping North Carolina bill that sought to eliminate means of participation used by more than 1 million voters in the 2012 Presidential election; and Gruver v. Barton, where, working with the Brennan Center and others, we are challenging a Florida law that denies the right to vote to returning citizens with past felony convictions based solely on their inability to pay outstanding costs, fines, fees, and restitution. My testimony today will focus on current conditions with respect to racial discrimination in voting and, in particular, on recent litigation under Section 2 of the Voting Rights Act. As detailed in my written statement, I think four points stand out. First, recent litigation under Section 2 of the VRA demonstrates the need for the Voting Rights Advancement Act. While the current administration has not filed a single case under the VRA, private litigants have won more than two dozen Section 2 cases since Shelby County was decided. That volume of successful Section 2 litigation illustrates the continuing problem of racial discrimination in voting today. Second, despite those successes, we currently lack the tools necessary to stop discriminatory changes to voting laws before they taint an election. Discriminatory laws that we have ultimately succeeded in blocking have remained in effect for months or even years while litigation has proceeded, time in which elections have been held and Government officials were elected. The North Carolina case that you have heard so much about today is illustrative. The law that we challenged eliminated 1 week of early voting in which 900,000 people had voted in 2012; same-day registration, which nearly 100,000 voters had used in 2012; and pre-registration, which 50,000 voters had used before that election. The law also banned the use of many forms of Government-issued photo ID for voting purposes, including student ID cards, municipal employee ID cards, and public assistance IDs. As Chairman Cohen and Mr. Johnson noted, the Fourth Circuit found that this law targeted African American voters ``with almost surgical precision'' and found it unconstitutional. But that case took $5.9 million, including expert fees and attorney time, and 34 months to litigate. In the interim, the 2014 general election took place, and 190 Federal and State government officials were elected under what was later determined to be an unconstitutional regime. That law has been struck down, but that election cannot be rerun. There is no way now to compensate the voters of North Carolina or our democracy itself for that gross injustice. And that is just one example. My written testimony details ten Section 2 cases that the ACLU has litigated since Shelby County in which we ultimately obtained favorable outcomes for our clients, but only after a dozen elections were held and 350 Federal, State, and local officials were elected under discriminatory laws. The VRAA would address this problem in two ways: with a new preclearance provision based on a rolling formula, accounting for recent voting rights violations; and a clarified standard for preliminary injunctions in Section 2 cases. Both would help prevent discriminatory laws from taking effect before an election. Third, overall the bulk of Section 2 litigation happens at the local level where changes to voting laws are more difficult to monitor and highlights the need for the VRA's transparency and notice requirements. Fourth, and finally, a handful of States--of formerly covered States under the Section 5 preclearance regime account for more than half of successful Section 2 cases since Shelby County was decided, which indicates that voting discrimination remains concentrated in certain areas and that particularly strong protections are justified in those places. Congress has a duty to take strong action to fulfill the promise of the Reconstruction Amendments, that all Americans should be free to participate in our democracy on equal terms, free from racial discrimination. Thank you. I look forward to answering any questions you have today. [The statement of Mr. Ho follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Mr. Ho. Our next witness is Mr. J. Christian Adams, who has appeared before us previously, president and general counsel of Public Interest Legal Foundation. From 2005 to 2010, he worked in the Voting Section at the United States Department of Justice. Prior to his time at the Justice Department, he served as general counsel to the South Carolina Secretary of State. He received his law degree from the University of South Carolina School of Law. Mr. Adams, you are recognized for 5 minutes. STATEMENT OF J. CHRISTIAN ADAMS Mr. Adams. Thank you very much, Chairman Nadler, Chairman Cohen, Ranking Member Johnson. I am president and general counsel of the Public Interest Legal Foundation. We are dedicated to preserving election integrity and the constitutional decentralization of power so that States may administer their own elections. I am presenting evidence today of two instances of voting discrimination and disenfranchisement that I have been working on. The first is a case recently decided by the Ninth Circuit in July. I represented retired Air Force Major ``Dave'' Davis. Major Davis served on Guam and decided to live there on retirement. Guam is governed by the Federal Organic Act of 1950. The Organic Act bans racial discrimination in voting and explicitly incorporates the protections of the Fifteenth Amendment. Nevertheless, the legislature of Guam passed an election law confining the right to vote in a status plebiscite to a preferred racial group--so-called native inhabitants. In other words, Guam imposed voter qualifications based on blood ancestry, much like the Oklahoma grandfather clauses struck down by the Supreme Court over a century ago. Now, Congress has required Guam to adhere to civil rights obligations in the Fifteenth Amendment and other Federal statutes. But, ironically, Guam also received over $300,000 in Federal funds from the Department of the Interior to conduct education campaigns about this very same racially discriminatory voting process. That is something Congress can fix. When Dave Davis sought to register to vote at the Government office, his registration form was marked ``Void'' by election officials. The form is in my written record, in my written statement. Even in the Jim Crow South of the early 1960s, Southern registrars were not brazen enough to deny the right to vote explicitly on having the wrong racial blood. We filed suit in Federal court way back in 2011, and the case is still continuing because Guam has been zealous in defending their racially discriminatory laws. It is so blatant that the United States District Court on Guam granted Mr. Davis summary judgment in 2017. And in July of this year, the Ninth Circuit Court affirmed. Despite this brazen racial discrimination, not a single civil rights organization took the case. Not a single civil rights organization offered to help Mr. Davis. Now, despite the long inventory of voting cases that we know about, not even a single civil rights organization filed an amicus in this case. In some voting cases, such as challenges to South Carolina voter ID, these same groups manage to duplicate or triplicate each other, despite the fact that not a single person was disenfranchised by the South Carolina voter ID law. Why is this important? It is important that reauthorization of the Voting Rights Act, if it occurs, is not done in a way that affects partisan interests, because all too often civil rights enforcement is also about partisan interests. To add insult to injury, Mr. Davis could not even get the United States Department of Justice to help him in 2011. His pleas were ignored by the Civil Rights Division. No case was filed on his behalf. No amicus was filed to help him. No nothing. Even after the Ninth Circuit Court of Appeals in 2005 ruled that he had a ripe case, the Justice Department failed to act. Oddly, ripeness was cited by the Chief of the Voting Section in an internal Inspector General report as to why the DOJ did not help Mr. Davis. Finally, in November 2017, the Justice Department did what it should have done 6 years earlier and appeared in court seeking to strike down the racially discriminatory voting law. Congress can do something. For one, stop public funding of racially discriminatory election public information campaigns. Congress has exclusive power in the territories and can stop this. The second example which I will briefly mention involves the Commonwealth of Virginia canceling citizen registration; in other words, citizens are having their voter registrations canceled in Virginia. We found this out when we began to inquire about records regarding noncitizens, and we found that the Commonwealth is routinely canceling citizens. In sum, there are things Congress can do: first of all, reexamine the interplay between motor-voter DMV laws and election officials. The DMV part of motor-voter is hidden from the public because Congress hid it. Secondly, Congress has shielded State motor vehicle departments, and that shield should go away. Third, Congress should strengthen obligations for election officials to be transparent. We are currently suing the State of Pennsylvania, North Carolina, and Harris County, Texas, because they are not allowing public inspection of election records in those three places. Fourth, Congress should allow States to verify citizenship. Thank you very much for this opportunity. [The statement of Mr. Adams follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Mr. Adams. Ms. Myrna Perez is director of the Voting Rights and Elections Program at the Brennan Center for Justice at NYU School of Law; author of several nationally recognized reports and articles, including ``Purges: A Growing Threat to the Right to Vote,'' ``Noncitizen Voting: The Missing Millions,'' and ``Election Day Long Lines: Resource Allocation.'' She is a lecturer-in-law at Columbia and has served as an adjunct professor of clinical law at the NYU School of Law. She received her law degree from Columbia. She is also a Lowenstein Public Interest Fellow, received a master of public policy from Harvard's Kennedy School of Government, and an undergraduate degree from Yale. Ms. Perez, you are recognized for 5 minutes. STATEMENT OF MYRNA PEREZ Ms. Perez. Thank you, committee members, for having me. I am Myrna Perez, and I am the director of the Voting Rights and Elections Program at the Brennan Center for Justice at NYU School of Law. The Supreme Court in Shelby County left Congress with a critical challenge: pass a revised coverage formula. Accordingly, we ask this committee to take note. A number of State and local jurisdictions have continued to implement discriminatory voting laws. They have continued to disenfranchise voters of color in our elections. In fact, over the past decade, the Brennan Center has documented a wave of new laws and practices burdening the right to vote, especially targeting communities of color. These ongoing problems demand a thoughtful and strong response. Section 5 of the Voting Rights Act reflects an important insight: State and local officials looking to suppress the vote have a wide variety of tools and tactics at their disposal. I go through some of these tools and tactics during my written testimony, but the one I will focus on here is that of aggressive voter purges, which can aggressively and unfairly target voters of color and disenfranchise large numbers of eligible citizens. Purges refer to the process election officials use to try and remove the names of ineligible voters from voter registration lists. Obviously, this process is an important part of any election officials' jobs. When purges are done right, they ensure that the voter rolls are accurate and up-to- date--something we all agree is useful. However, when purges are done improperly, they disenfranchise legitimate voters and undermine confidence in our democratic processes. Moreover, improper purges can lead to discriminatory results, sometimes by mistake and sometimes on purpose. For example, reports indicate that New York's purge leading into the 2016 election disproportionately affected Latino voters. So did Florida's 2012 purge attempt. Prior to Shelby, covered jurisdictions were required to preclear changes to their purge practices before implementing them. Not anymore. And what have we seen? Between 2014 and 2016, States removed almost 16 million voters from the rolls. That is almost 4 million more than States removed between 2006 and 2008. That is an increase of 33 percent, far outstripping growth in both total registered voters and total population. Our research suggests that Shelby County had a notable impact on that growth. Prior to Shelby County, jurisdictions subject to preclearance had purge rates in line with the rest of the country. But for the three election cycles ending in 2014, 2016, and 2018--in other words, after Shelby County-- preclearance jurisdictions had significantly higher purge rates than other jurisdictions. To put it another way, before Shelby County, jurisdictions subject to preclearance looked like the rest of the country when it came to purges. But after, formerly covered jurisdictions increased their purge rates while everyone else remained about the same. We calculated that 2 million fewer voters would have been purged between 2012 and 2016 if jurisdictions previously subject to preclearance had purged at the same rate as other jurisdictions. We have seen several improper purges since Shelby. Just this year, for example, a Federal court stepped in to stop Texas officials from purging about 95,000 voters from the rolls. Texas initially claimed these people were noncitizens, but the State relied on bad data and methodology. In 2016, New York wrongly deleted more than 100,000 names from the rolls. That same year, the Arkansas Secretary of State prepared a highly inaccurate purge list of nearly 8,000 names. Purges typically happen behind closed doors with the stroke of a keyboard. As a result, voters often don't know they have been purged until they show up to vote. Because they are below the public radar, it is difficult to address the effects of bad purges until it is too late. And that is why Section 5's preclearance process is particularly well tailored to address not only voter discrimination and other reforms, but the purge problem specifically, because a revitalized preclearance regime would require covered jurisdictions to obtain approval for new purge practices before they get into place. The need for preclearance is particularly urgent in light of developments over the last decade. We have new databases popping up which supposedly identify ineligible voters, but they are producing flawed results that can lead to improper purges. States are passing new laws looking for different grounds upon which to purge people, and relying on discredited methodology, certain groups are pushing localities to increase the aggressiveness of their purges. Many advocates sitting here will do our very best to protect voters against discriminatory laws and policies under the laws that we have, including against improper purges. But Congress can and should also act to protect voters. The Supreme Court has repeatedly affirmed congressional power to enact a coverage formula for Section 5 preclearance, including the Shelby County decision itself. We urge Congress to revitalize the VRA, and I am very much looking forward to the questions. [The statement of Ms. Perez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Ms. Perez. Our final witness is Ms. Natalie Landreth, senior staff attorney for the Native American Rights Fund based in NARF's Anchorage, Alaska, office; a member of the litigation management committee of that group. Her practice covers a wide variety of Federal Indian law and election law issues, including the VRA and constitutional voter protections. She has been instrumental in establishing key voter protections in Alaska through two significant cases and testified in Congress in support of the renewal of the VRA in 2006. She is a magna cum laude graduate of Harvard University and received her law degree from Harvard as well. She is a member of the Chickasaw Nation. Ms. Landreth, you are recognized for 5 minutes. Ms. Perez, can you help her? Ms. Perez. Yes. Mr. Cohen. We have a faulty machine. STATEMENT OF NATALIE A. LANDRETH Ms. Landreth. Thank you very much. My name is Natalie Landreth, I am a citizen of the Chickasaw Nation, Imatobby family. I am here today in my capacity as a staff attorney at the Native American Rights Fund, otherwise known as NARF. I have held this position since 2003 and worked on voting cases since 2006. I thank you for the invitation to speak here today, to speak on ongoing voter discrimination in Indian Country, because there is a lot and it is egregious. There is a view that what are called ``first-generation barriers''--direct impediments to polling places and access to voting--is a thing of the past, and that view is wrong. First- generation barriers are not gone, and this month--in support of this testimony--the Native American Rights Fund will be submitting a report on nine field hearings we conducted throughout Indian Country that show the extent of these barriers, including testimony from voters who said they were forced to vote in an abandoned chicken coop, complete with egg boxes remaining behind, and voters who claimed that they had been forced to vote in a sheriff station with an armed sheriff who ran their plates before they walked inside. I want to address three things in my testimony today briefly. First, I want to talk about how the loss of preclearance has affected our work and how it is impacting your constituents. Second, I want to talk about what previously discovered--previously covered jurisdictions are now doing. And, third, I want to talk a little bit about ``known practices coverage,'' which is included in this draft of the VRAA. First, the loss of preclearance means just that the burden has shifted from the jurisdictions onto the voters themselves. What I mean is that they previously had to submit them to the DOJ, and now we have to sue to get them undone. It is enormously burdensome, and in an average voting case, NARF alone, a fairly small organization, will spend thousands of hours over several years and over $1 million to stop a single discriminatory voting change. And what ends up happening is that because Native Americans have brought 95 voting cases, approximately, and won 92.5 percent of the time is that these jurisdictions end up paying our attorneys' fees and shifting that cost onto the taxpayer so that taxpayers end up subsidizing the discrimination that is occurring by local officials. This tells us, the success rate, that discrimination is real and it is ongoing. Second, the loss of preclearance means that the previously covered jurisdictions implemented discriminatory changes that had previously been denied. One example is, of course, the Arizona ballot harvesting law. The reason that was so critical in Indian Country is that only 18 percent of Native Americans outside of Pima and Maricopa counties actually have home mail delivery. So what they would have to do is pool their ballots. Neighbors would collect all of your mail and take it to the post office at the same time, and this law turned them into potential felons for handling a voted or unvoted ballot that did not have their name on it. The other thing that happened in this jurisdiction after the loss of preclearance was that testimony indicated--and this is currently in litigation--there was an astounding step removing polling locations from hundreds down to about 60 in 2016. The result, according to testimony, was lines 4 to 6 hours long, and this can be found specifically in the Arizona field transcripts that we will be providing, complete with locations and names of witnesses. I want to speak briefly to the fact that there are some bad actors everywhere. We talk about how people feeling like certain States are targeted, that is not true. The known practices formula in--the known practices list, I should say, in this bill will help. Let me give you an example from California. Somebody testified that they were unable to register to vote in Northern California because their local jurisdiction considered a mobile home not to be a permanent residence and, therefore, people on this Indian reservation were not being allowed to vote. Fortunately, Secretary of State Alex Padilla was in the audience at the time, and we understand this has since received some attention. Another jurisdiction not covered whose practices would be addressed by the known practices component of this bill: North Dakota. A very well publicized situation, what some people consider to be a facially neutral law that is completely false because 24 percent of Native Americans have no ID. The court said it best: You need an ID to get an ID in North Dakota. Most of the elderly Native Americans were born at home, so they don't have birth certificates from the '20s, '30s, and '40s. And they can't get the documents they need, not to mention a significant number of them have no access to transportation to do that. So I would like to close by saying that the known practices section lists these pieces, but so does a component bill that we have drafted based on our field hearings and the findings therein called the ``Native American Voting Rights Act.'' We encourage this committee and Congress to pass the VRAA and also the Native American Voting Rights Act. Thank you. [The statement of Ms. Landreth follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you. Firstly, I would like to compliment our panel, the first panel I think I have ever witnessed that all got to 5 minutes and stopped. Great. We will now proceed under our questioning, which is a 5- minute rule of questions, and I will recognize myself for questions. Mr. Ho, you mentioned some jurisdictions where Section 2 cases have taken place since Holder, Shelby v. Holder. Where are those jurisdictions? Are they predominantly in any particular class of jurisdiction? Mr. Ho. So there have been 26 successful Section 2 cases since Shelby County v. Holder, and I define ``successful case'' as a case where either a court ruled in favor of the plaintiffs or the parties settled and the plaintiffs got some of the relief--some or all of the relief that they sought. I think two things stand out when you look at what kind of jurisdictions those cases arose from. The first is that, of those 26 cases, I think 16 of them-- and there is a table in my written testimony that sets this out--happened at the local level. So a majority of the successful Section 2 litigation that we have seen happens at the city, county, school board level. And I think what that speaks to is the importance of the notice and transparency requirements of the VRAA because changes to voting laws at the local level are harder to detect. And that is something that we lost with the demise of the preclearance regime. The second thing is that a majority of these cases arose from a small handful of States--and, again, they are set forth in my testimony--that used to be covered by Section 5; and that provides, I think, some evidence that the problem of voting discrimination remains concentrated in particular places and justifies particular congressional attention to those places. Mr. Cohen. And those States, if I remember correctly, that were in the preclearance area were all in the Old Confederacy but for Arizona as far as States go. Is that not accurate? Mr. Ho. As far as fully covered States go, I believe that is right, but there were some partially covered States-- California, New York--that were not. Mr. Cohen. And when you say partially covered, that is because they were local jurisdictions. They happened to be in the State. Mr. Ho. That is correct. Mr. Cohen. And then those were the States where most of this Section 2 action took place. Mr. Ho. That is correct. Mr. Cohen. So the old expression in the song ``Dixie,'' ``Old times there are not forgotten'' maybe has more of a current ring than one would understand. Mr. Ho. Well, I think the numbers speak for themselves. Mr. Cohen. Yes, sir. Ms. Perez, on purges, what are some of the reasons for purges? Ms. Perez. There are a lot of reasons for purges. Some of them are necessary. We want our voter rolls to be clean, so people are removing them because people have died, people have moved, people are no longer eligible because of a criminal conviction. The problem that we are seeing in this country is that purges are on the rise. The protections that were once available to let the public and the Department of Justice know about purge practices that had changed or are no longer available, and when people are purged, they often find out on election day when it is too late. Mr. Cohen. Are some of the purges because people have not voted in X amount of elections or a certain period of time? Ms. Perez. A number of States have different practices that they use, and every State in the country that is subject to the NVRA has a process by which, if someone is flagged for a certain reason for removal, they can be given a notice, and if they do not respond to---- Mr. Cohen. Let me go back to my question. Ms. Perez. Sure. Mr. Cohen. Do not some jurisdictions purge you because you have not voted within the last 2 years, 4 years, 6 years, or whatever? Ms. Perez. There are some States that have policies like that, yes. Mr. Cohen. And are those States--have any particular similarities? Are they particularly in preclearance States? Or are they just willy-nilly? Ms. Perez. No, sir. But one of the things that is important about the preclearance provision is that it accounts for changing practices, so a State could change its practice to encapsulate more people in the purge process. Mr. Cohen. But you said--did you not say that since Shelby v. Holder purges have increased in preclearance States while they have not increased in other States? Ms. Perez. That is correct. That is correct. The States, however, that use a policy like, for example--I am assuming you are pointing to Ohio's and the like--that use a failure to vote as a trigger for sending a notice and other ones are in more places just than the Southern States. Mr. Cohen. You are familiar with Australia where it is required by law that you have to vote? Ms. Perez. That is correct. Mr. Cohen. So how do they get along? They do not have to purge anybody, do they? Ms. Perez. I am actually not familiar with how they--that they enact the law, but what I think is important in this country is that we have a continuing evidence of discrimination, and Congress has vast authority to be able to rectify that pursuant to its authority under the Fifteenth Amendment. Mr. Cohen. Ms. Gupta, since the effective suspension of Section 5 preclearance, Holder, Shelby, what has been the pace of litigation on Section 2, which we discussed with Mr. Ho, in formerly covered jurisdictions compared to noncovered ones? Have you seen preclearance States that were in the previous Voting Rights Act be more active and have been found in litigation to have been more active? Ms. Gupta. Well, private litigants like my colleagues sitting here at the table have certainly had to engage in much greater activity in Section 2 litigation, and my colleague Dale Ho, the chart really shows the degree to which there has been a need for Section 2 litigation in jurisdictions that were previously precleared or had a preclearance regime with the Justice Department. And I also--I mean, there has been a stark marked contrast now with the Justice Department under the Trump administration which has not opened a single voting rights investigation. But for the private litigants, the effort now to become aware of hyper-local changes, which are often very hard to detect at the national level, has become imperative to be able to protect people's right to vote, and it is why we are here today to urge restoration of the Voting Rights Act. Mr. Cohen. Thank you. Mr. Johnson, you are recognized for 5 minutes. Mr. Johnson of Louisiana. Thank you, Mr. Chairman. Mr. Adams, I have watched you with a very pensive expression on your face here the last few moments. Is there anything you want to respond to before I ask questions that-- something you have heard? Mr. Adams. First of all, I apologize for not having a poker face. A couple States were left off the list of States under the old preclearance regime were covered. It is not all Dixie. It is South Dakota. It is Alaska. It is New Hampshire. It is Michigan. Parts of New York were covered, New York City, but that translates into New York State when it comes to rules that are passed in Albany related to the elections in New York. So it is not just Mississippi and South Carolina. Mr. Johnson of Louisiana. Thanks for that clarification. It is not often in this era that a Federal appeals court finds purposeful discrimination based on race in voting. But the Ninth Circuit Court of Appeals did just that in the case you have described. Can you just elaborate a little bit more on the significance of that Ninth Circuit decision and how it compares to any other recent Federal courts--Federal appeals court rulings of intentional race discrimination in voting? Mr. Adams. Well, right, the case in Guam that I testified about, you literally have on the voter registration a blood ancestry test. It is on the form that you have to say who your parents are. And it says you have to have the right blood before you can vote. And the court in the Ninth Circuit ruled that this is intentional discrimination. Now, we often hear--and I understand that circuit courts trump district courts, but we often hear about the surgical precision quote. We hear that over and over on a loop. But the reality that really bears some reading is the lower-court ruling, which I understand was reversed, but it was a rare, many-hundred-page factual finding that there was not intentional discrimination. It is not often that an appeals court reverses factual findings, but they did in that case. Mr. Johnson of Louisiana. Has it ever been easier to vote in this country? In other words, it seems we have made a lot of progress on access to voting. I wonder if you would elaborate on that. Mr. Adams. I think there is an awareness among election officials at the State level about the importance of making it easier to register to vote. I have testified, I think, to this committee or maybe it was to the Oversight Committee, that it has never been easier to register to vote in America than it is in 2019. It has never been easier to vote in America than it is in 2019. Mr. Johnson of Louisiana. When an illegally cast vote negates the effect of a legally cast vote, that constitutes a suppression of voting as much as any other vote suppression efforts. Can you describe how measures to protect the integrity of the vote are themselves measures designed to protect the vote? Mr. Adams. Right, and look, I don't buy the idea that you can't get it right. Right? You can have clean voter rolls, you can have integrity, and everybody gets a chance to vote. I think, for example, that voter ID should be free and easy to get, and that is why the South Carolina voter ID law should have never been objected to by the Holder Justice Department. In fact, there was a fail-safe mechanism, and in the end we know what the outcome of that was, of the district court, even though that the burdens were reversed. And that is what Section 5 does, is reverse the burdens. The district court still ruled in favor of South Carolina and said, despite the millions of dollars spent by the groups fighting it and saying that it was discriminatory, the court ruled that it was not. And it is an example of how Section 5 can be abused if it is reauthorized. Mr. Johnson of Louisiana. I think I have time for one more question about the Guam case. I noticed it was only the Trump Justice Department that was willing to ultimately help Major Davis in his case against Guam. What was going on during the previous administration that they would not help a retired servicemember protect his right to vote? Mr. Adams. That is a great question, and there is not a lot of answers except in the Inspector General report where the Chief of the Voting Section said that they did not think the case was ripe. Well, the Ninth Circuit put that to rest in 2015 and said that the case was ripe. We still saw 2 years of inactivity, unwillingness, not even an amicus brief to help this brazen voter discrimination. If you look at the record of the Bush Justice Department, the Obama Justice Department, and the number of cases filed, you will see very clearly the Bush Justice Department was far more active in Section 2 enforcement--and I have testified in previous testimony to this committee. Section 2 enforcement from 2009 to 2017 virtually went to sleep. Mr. Johnson of Louisiana. I have got 30 seconds left. Why didn't any of the other groups assembled at the table today do anything about the cases you mentioned today? Do you have any theory about that? Mr. Adams. Well, I caution the committee that it is important, if you are reauthorizing the Voting Rights Act, to not make it partisan. And in some corners, I think that the Voting Rights Act is viewed as a partisan weapon. In fact, a professor, Ellen Katz in Michigan--I believe she wrote this-- even said that the Justice Department should use the Voting Rights Act as a partisan weapon obviously against this side of the room. And so I think that is the danger; when you see South Carolina voter ID being attacked, that is how it is viewed. Mr. Johnson of Louisiana. I am out of time. I yield back. Mr. Cohen. Thank you. Before I recognize Mr. Nadler, just so we have the facts straight, I had made the statement about the States that were covered, and with the exception of Arizona, which I mentioned, the only State covered in whole outside of the Old Confederacy is Alaska. The other States are local jurisdictions, which I also mentioned there are local jurisdictions other places. So I forget--I apologize for forgetting Alaska and for not knowing about Guam. Mr. Nadler, you are recognized. Chairman Nadler. Thank you. I won't comment on the obvious distraction of the Guam case, which has nothing to do with what we are talking about and was pretty egregious. Let me ask Mr. Ho, at our hearing last week in Memphis, the minority witness suggested that Congress was constrained in its ability to adopt legislation to reinvigorate Section 5 preclearance, notwithstanding its power under the Fourteenth and Fifteenth Amendments, essentially because the current level of discrimination is not severe enough, in his opinion, to justify Federal interference in State and local elections and because Congress looks at evidence of discriminatory effect and not just discriminatory purpose. What is your response? Is it not well within Congress' broad constitutional authority under the Reconstruction Amendments to determine not only the existence of discrimination but also to assess whether such discrimination is sufficiently severe so as to justify a Federal legislative response? Mr. Ho. Thank you for that question, Chairman Nadler. I believe that Congress does, in fact, have the authority in light of current conditions to reinvigorate the Voting Rights Act. The Supreme Court in City of Boerne issued a decision that creates a rule that if Congress wants to exercise its Fourteenth Amendment enforcement powers, there must be a record of constitutional violations. I think we have that here. And I think that the Section 2 evidence that I referenced earlier, although a violation of Section 2 does not require a judicial finding of intentional unconstitutional discrimination, the test for liability under Section 2's results test is, in fact, quite similar to the test that the Supreme Court announced in Rogers v. Lodge for unconstitutional voting discrimination. We heard a little bit of commentary about the disparate impact standard. I just want to say something about that. This Congress adopted Section 2's results standard in 1982. It was signed into law by President Ronald Reagan. It is not a pure disparate impact standard. Liability depends on factors that are similar to the factors for a finding of unconstitutional discrimination. And it was adopted specifically because Congress didn't want to put judges--this is in the '82 Congressional Record--didn't want to put judges in the difficult position of having to call legislators in their counties or in their States racist, to have to call out their intent. But it functions a lot like an intent test, and I think it would be a bit perverse today to look at Section 2 violations, which are intended to make it easier for courts to strike down discriminatory laws, and say that is not relevant in assessing whether or not constitutional violations have occurred and whether or not stronger congressional action is necessary. Chairman Nadler. Thank you. Let me ask Ms. Gupta, we heard testimony at the hearing in Memphis last week that--and we have heard testimony all over the place--to the effect that enforcing the law through Section 2 litigation is time-consuming, very expensive--even if you win the case, you spend $2 million on it--and so forth. What would you think of legislation to impose all costs, all costs, on the defendant government if it loses a Section 2 case? All plaintiffs' costs, not just attorneys' fees. Ms. Gupta. Well, so just to start out, it is indeed incredibly costly and time-consuming. I think the most pernicious effect of the loss of the preclearance regime and the amount of Section 2 litigation that has been required since the Shelby County decision has actually been the number of elections that have taken place pursuant to laws that have later been found by Federal courts to have been enacted through intentional discrimination as well as through violations of constitutional and Federal law. And there is no accountability or mechanism to actually seek that redress because those election have taken place and voters were penalized unlawfully for that. But on this question of cost, it is an interesting idea. I think one of the major issues around the loss of Section 5 has been the inability to hold officials accountable when they do engage even in intentional discrimination in the enactment of laws. And so this notion of cost, some kind of shifting the burden of cost, I think is an interesting remedy to pursue. I don't think it is enough, though, as a substitute for preclearance, but certainly to be able to have some deterrent mechanisms in place such that officials kind of think twice, hopefully the Constitution is something else that they think about when they are enacting these laws, that it is certainly something to be--to be researched. Chairman Nadler. Thank you. In the 27 seconds that I have left, would you support amending Section 1983 or use of Section 1983 to allow the Justice Department to sue local officials for damages for voting rights violations, for deprivation of civil rights under color of law in effect? Ms. Gupta. Congressman, that is a really interesting idea. I would love to come back to you with my thoughts on it. Section 1983 is definitely a really important civil rights statute that has been used in the police misconduct context. And I think that there--on this issue of accountability, it may be another tool that is at our disposal. As you know, the Supreme Court has withered down Section 1983's protections, and I would welcome the opportunity to talk about the importance of strengthening Section 1983 by Congress. Chairman Nadler. Thank you very much. I yield back. Mr. Cohen. Thank you, Mr. Chair. I now recognize for 5 minutes Mr. Gohmert of Texas. Mr. Gohmert. Thank you, Mr. Chairman. And I appreciate the witnesses' being here. Just so that we can inform our full committee chairman who said that the Guam information is not relevant to anything here, the subject of this hearing is, according to the Democrats, ``Evidence of Current and Ongoing Voting Discrimination.'' And, you know, here is the form that was used in Guam. It is relevant in this decade that we would have a form like this and not one of the groups represented here would go stand up and say this is absolutely intolerable to make somebody go through, and even down to the mother and father, both parents, certifying you were a native in 1950. It is prejudicial to the groups of Chinese, Palauan, Japanese, Ponpeiian, the Korean--all of those that were not there in 1950. And I appreciate the looks I am getting from some of our witnesses, but it really is embarrassing that nobody stepped up. Mr. Christian, I recall a Black Panther intimidation case that occurred when you were there at the Justice Department. Were you allowed to go ahead and get judgment against those people that were intimidating at an election site? Mr. Adams. Well, I confess I have tried to forget about that case, but I will do my best. Mr. Gohmert. I am just asking---- Mr. Adams. Right. Mr. Gohmert. Were you allowed? Mr. Adams. The case was dismissed as to, I believe, two defendants, a corporate defendant. I think the man--no, Mr. Jackson--it was dismissed against two of the defendants, right. Mr. Gohmert. And you were not allowed to pursue that; it was dismissed? Mr. Adams. Well, yeah, there is a long record there. Mr. Gohmert. Well, and you mentioned this incident in Guam where the Justice Department under the Obama administration would not go in and say this is wrong, we can't have these kind of forms. It does not matter what your race is. You ought to be able to come in and vote. Who was head of the Civil Rights Section at that time in 2012? Mr. Adams. That is a good question. I am not sure exactly who was the head of--the Assistant Attorney General. I know that after--the Inspector General questions were directed toward the Voting Section Chief, who said that ripeness was the barrier. Mr. Gohmert. Well, I know. You testified to that. But I know Tom Perez was there at some point. Mr. Adams. He may have been the AAG. I can't remember. Mr. Gohmert. Yeah, and where is he now? Mr. Adams. DNC. Mr. Gohmert. Yeah, he is chair of DNC. That is right. Now, our chairman of the full committee called them ``draconian voter ID laws,'' and I know--he is apparently not aware, but I know I read in 2012 the Democratic National Convention would not allow anyone to come in and vote unless they had, in their words, a State-issued ID. Wow. The Democratic National Convention is using and has used in this decade a draconian voter ID requirement. That is incredible. Having gone through John Fund's book, ``Stealing Elections,'' John Fund makes the point that the greatest election fraud is the statement that there is no election fraud. It has gone on for years, for those that don't know. You can go back and look at Duval County in Texas or Cook County in Illinois. It has gone on, and there are places it still goes on. And anytime we allow people to vote without showing some evidence that they are allowable to vote, it disenfranchises all of the legally voting people, and people that vote more than once. Anyway, there are a lot of problems that need to be dealt with, and it is just amazing to me. Let me tell you, back when this was reauthorized, I wanted to vote for the voter--for the VRA. It needed to be reauthorized. But none of you have brought up it had a formula that required punishing States for what had happened 50 years before. Generations were being punished. And I went to the Republican leader at that point of this committee, Mr. Sensenbrenner, and as I recall, there was a district in Wisconsin that had racial disparity. And he said, ``We are not changing that 50-year-old formula. We are going to keep punishing the original States.'' And I went to John Conyers, and he was very gracious. And he said, ``Louie, let me talk to some people.'' And he did. He said, ``You got a good point, but we are going to be able to get it passed. Let's let it go to the courts.'' I said, ``It is going to be struck down,'' and I named some very liberal people, including the dean from the New York Law School had just left there, and he said, ``Yeah, it has got to be struck down. It is unconstitutional.'' For those that were not aware, we should not be punishing generations for the sins of 50-year-before generations. That is where we ought to be able to come together. Let's deal with racial disparity where it is and then allow Section 5 in those. But I was not allowed to have that as an amendment. That is why we are here with you blaming Shelby County. I yield back. Mr. Cohen. Thank you. Mr. Raskin, you are recognized. Mr. Raskin. Mr. Chairman, thank you very much. Mr. Ho, we just heard from my thoughtful colleague about how Southern States were punished under the Voting Rights Act. He repeatedly used the word ``punishment.'' Was there any punishment in the Voting Rights Act before the Shelby County case? Did anybody go to jail? Was anybody imprisoned because of voting rights violations? Mr. Ho. There was certainly no punishment in the way that you have described it, Congressman Raskin. And I just want to say in response to Congressman Gohmert's comments, I appreciate the comments about the need to have a preclearance provision that reflects current conditions, and I think the Voting Rights Advancement Act, which is based on findings of recent voting rights violations, does precisely that, and I hope we can come together and pass something. And I appreciated your support for the Voting Rights Act in 2006, and I hope to see your support for stronger voting rights protections today. Mr. Raskin. Ms. Gupta, let me come to you. If somebody robs a bank or a gas station, they are going to be prosecuted and go to jail for that if they are convicted. Today in the wake of Shelby County v. Holder, if a State engages in a deliberate effort to suppress voting rights or to keep people from voting or to dilute the votes of a minority group, what happens? Ms. Gupta. Well, as we said, often getting to those decisions or determinations where Federal courts will actually declare that takes years of litigation. Mr. Raskin. Right, so many years later, after the offense has taken place, what would happen to them? Ms. Gupta. There is no accountability for the State officials that enacted laws that were found to be racially discriminatory after the fact. Mr. Raskin. Nobody goes to jail, right? Ms. Gupta. Nobody goes. Mr. Raskin. There is actually no punishment. But what about the actual voting rights violations that took place-- Mr. Gohmert. Will the gentleman yield? Mr. Raskin [continuing]. In the meantime? Well, I only have 4 minutes. I mean, I would be happy to do it at the end if I have got time left over. But what happens in the meantime? In other words, you go to--now in the absence of the preclearance requirement, you go to court. Many years later, maybe you get a ruling on your behalf. In the meantime, there have been all of these elections that have taken place with the voting rights violation in force. So what can be done retroactively to make the democracy whole? Ms. Gupta. There is nothing. Voters have essentially been disenfranchised while elections have taken place. Mr. Raskin. Okay. So let's be very clear about this. When the Supreme Court wiped out the preclearance requirement because of the coverage provision in Section 4, essentially what it did was knock the teeth out of the Voting Rights Act because there is nothing to keep a jurisdiction now from engaging in a voting rights violation because nobody is going to go to jail for it. And even if the people who bring the case, the plaintiffs, win several years later, all that you would get is an order to stop doing it in the future. In the meantime, you have had all these elections that have essentially been fixed by the fraud of voting rights suppression, dilution, discrimination, and so on. Mr. Johnson, let me come to you. Before leading the national NAACP, you were president of the Mississippi Conference, am I right? Which Mississippi has the highest percentage of African Americans than any State in the Union, yet the State has not elected an African American statewide in more than 130 years, since Reconstruction. In fact, the Mississippi Constitution requires candidates for statewide office to win not only more than 50 percent of the popular vote--or, actually, a plurality of the popular vote, but also more than half of the State's 120 legislative districts, two- thirds of which are majority white. Do I have that right? Mr. Johnson. That is correct. Mr. Raskin. Okay. Now, if a candidate doesn't meet both of those conditions, winning a majority in the election and then winning more than half of the State's legislative districts, then the State House chooses the winner, regardless of who got the most votes. Do I have that right? Mr. Johnson. That is correct. Mr. Raskin. Okay. And this is being challenged in court right now. Mr. Johnson. That is correct. Mr. Raskin. I assume that is right. Now, why was this constitutional requirement put into place in the first place? What was its historical origin? Mr. Johnson. Much of Mississippi's electoral policy was--is derived out of the Constitution of 1890. That Constitution was after a period we call ``redemption,'' when former Confederate soldiers and politicians took back control of government. As a result of that, they put in place systems to suffocate the ability of African Americans to fully participate, not only the grandfather clauses and other literacy tests but additional barriers, because then, as it is now, Mississippi had the highest percentage of African Americans, and they wanted to keep in place---- Mr. Raskin. Let me just ask you, because my time is running out, how has the corresponding lack of African American representation statewide affected the social, economic, and political rights in development of the African American community? Mr. Johnson. Not only is Mississippi the poorest State in the Union, but it underfunds much of the basic needs of African Americans and Mississippians as a whole. We have the poorest education systems, the poorest structures, and that is a result of the lack of representation of all citizens of the State because of these electoral barriers. Mr. Raskin. Thank you. I yield back, Mr. Chairman. Mr. Cohen. Thank you. Thank you, sir. Mr. Cline, the successor in interest to Mr. Goodlatte, and before that, what was the gentleman's name that was--Caldwell Butler. Mr. Cline. Well, Jim Olin came between them. He was on your side. But---- Mr. Cohen. Well, Caldwell Butler is the one I so well regard. Mr. Cline. Thank you, Mr. Chairman. I am very interested in Mr. Adams' testimony about the events that were occurring in Virginia, and I want to ask him about that. But, first, I really am shocked to hear that this type of activity that occurred in Guam is occurring in the 21st century. And just to make it clear, let me go down the row really quickly and just a yes or no. Ms. Gupta, would you agree that that type of discriminatory election is unacceptable in the 21st century in the United States? Ms. Gupta. Congressman, I unfortunately cannot speak to a matter that was under investigation during my full tenure in the Justice Department. Mr. Cline. Okay. Mr. Johnson, yes or no. Unacceptable? Mr. Johnson. Well, I don't know much about the case, but if there is grandfather clauses or blood tests, that is something that we oppose. Mr. Cline. Okay. Mr. Ho? Mr. Ho. The Ninth Circuit appropriately found a violation of the Fifteenth Amendment. Mr. Cline. Appropriate. Thank you. Keep going. Yes? Ms. Perez. Myrna Perez. I am hesitant to answer too definitively given the reimagination of some of the cases that we have heard here today. But I will say that if the facts as presented suggest a grandfather clause, we would be opposed to it. Mr. Cline. Ms. Landreth? Ms. Landreth. I am not going to opine on a case that I know nothing about, but, frankly, I wanted to add that I find it embarrassing that almost half this House doesn't seem equally as disturbed by Native Americans voting in chicken coops and driving 98 miles one way to register. I would like you to focus on that for a while. Mr. Cline. I am focused on a form that was displayed that is blatantly discriminatory in its application for an election in a territory of the United States in the 21st century. And it is disturbing that I cannot get more unanimity that it is unacceptable. Now, Mr. Adams, you talked about Virginia. You talked about the motor-voter law and how it contributes to noncitizens not only getting on our voter rolls but also the improper elimination of citizens from Virginia's voter rolls. Can you elaborate on that and what we can do about it? Mr. Adams. Thank you, Mr. Cline. My organization has been data mining all around the country the process of noncitizen cancellation, and we have found and published multiple reports in Pennsylvania, for example, frankly of immigrants and green card holders who were inadvertently getting on the voter rolls. Right? This is not a conspiracy. This is a glitch. And in Pennsylvania's case, it was a glitch that affected the entire Commonwealth for 20 years. And what is happening is when they vote, they jeopardize their immigration status. In Virginia, the problem was even worse than noncitizens getting on the rolls. It was citizens actually being canceled through the citizenship process in Virginia. Individuals who were American citizens were being declared noncitizens by the State election officials and being removed from the rolls. This is a problem that Congress needs to address because the motor- voter system is broken. It is not working because of technology changes in the last 30 years since motor-voter--25 years since it was passed. So it is important, I believe, that only citizens be on the rolls, and there are easy ways to fix that. Cooperate with State officials, Federal Government and State officials cooperate to, post-registration, verify citizenship. Allow States to do some form of citizenship verification that is nonintrusive. It is easily solved. Mr. Cline. Mr. Chairman, I yield back the balance of my time. Mr. Cohen. Thank you, Mr. Cline. Ms. Scanlon, you are recognized. Ms. Scanlon. Thank you. The ranking member suggested in his opening remarks that evidence of disparate impact is not proof of discrimination, and I have to differ based upon our experience in the Commonwealth of Pennsylvania. Almost a decade ago, Pennsylvania's Republican-controlled legislature and executive passed a number of voter suppression measures which have since been struck down, including a strict voter ID law and some wildly gerrymandered electoral maps. Now, this legislation was facially neutral, but it had a disparate impact upon voters who were poor, elderly, women, residents of cities, people of color--in other words, voters who were overwhelmingly Democrats. I would submit that that disparate impact was evidence of identity politics of the most pernicious kind, which is trying to suppress the votes of citizens on the basis of their political identity as Democrats. In challenging the voter ID law in particular, advocates were fortunate in being able to uncover a recording of the House majority leader bragging to the statewide Republican Committee that his legislative accomplishments included--and this was 2012--``voter ID, which is going to allow Governor Romney to win the State of Pennsylvania.'' So I am not so naive as to believe that those who would suppress the vote will always be so indiscreet. So I would like to ask, Ms. Perez, can you address what kind of evidence we use to show disparate impact to show that there is actual discrimination occurring in these cases? Ms. Perez. Certainly. Under Section 2 we have what many of us call a ``disparate impact plus standard'' whereby Congress in its wisdom set forth a series of factors that are designed to smoke out intentional discrimination because folks are exactly, as Member Scanlon noted, a little bit more discreet. And that evidence is, in fact, probative of what people are intending to do if they felt like they could get away with it. In addition, we have the continuing evidence of current conditions which would justify Section 5 of the Voting Rights Act and a reauthorzied Voting Rights Act that includes a coverage formula that is rolling, dynamic, and looks at a number of factors, both geographically and in terms of conditions that cause problems. So taken together, a Voting Rights Act which has a robust Section 5, a modern Section 4, and a strong Section 2 will go a very, very long way in rooting out racial discrimination. Ms. Scanlon. Okay. Thank you. Ms. Gupta, when Acting Attorney General Whitaker was here in February, I think, I asked him whether the Trump Department of Justice had brought any voting rights enforcement actions, and he was unable to recall that. Is it your testimony that the Trump administration has not acted to protect voting rights in any case since January 2017? Ms. Gupta. That is correct. Ms. Scanlon. That is what I thought. Ms. Gupta. Congresswoman, if you wouldn't mind, if I can just very quickly respond to something that is just somewhat galling at the table at the moment, something that Mr. Adams said. Those of us at this table know that Mr. Adams recently had to enter a settlement agreement in which he was actually forced to apologize for reports that contained inaccurate information about specific individuals removed from voter rolls in Virginia, the matter he was just talking about, allegedly because they were noncitizens. And I feel like it is important to also put that into the record. Ms. Scanlon. Thank you. One more follow-up question. Location and accessibility of polling places has been an issue in my district, and toward that end we introduced the Disability Voting Rights Act, which passed with H.R. 1 and would make it easier for individuals with disabilities, including seniors and veterans, to register, obtain absentee ballots, and access polling places. Can you describe how the locations of polling stations and their degree of accessibility present voting rights challenges for disabled and minority communities? And I think you have got some material about this in your new report that just came out. Ms. Gupta. We do. There has been a lot of enforcement on the part of both private organizations and the Justice Department in prior administrations around the lack of accessible polling places, and so there is a lot of work to be done. That has been a rigorous area of our work. I will say, though, that it is important to note that closing polling places because of ADA noncompliance really should be something of last resort because there are many ways to actually make polling places more accessible, including things like creating ample parking for temporary signage, you get same-day modifications that can be made, building temporary ramps and the like. And in a number of instances, that is exactly how accessibility has been improved without resulting in the need to close polling places to begin with. Ms. Scanlon. Okay. Thank you. I yield back. Mr. Cohen. Thank you. Mr. Armstrong, you are recognized for 5 minutes, sir. Mr. Armstrong. Thank you, Mr. Chairman. And, Mr. Adams, I guess if we are going to enter stuff on the record, I would give you an opportunity to--I know you talk about it a little bit in your written testimony, so I will give you an opportunity to respond. Mr. Adams. Thank you, Mr. Armstrong. Indeed, I discuss this at some length in my written testimony. Ms. Gupta's assertion that Mr. Adams was forced to apologize is flatly wrong. Mr. Adams chose to apologize for our organization relying on government election records which stated that noncitizens in Virginia were being removed from the rolls when, in fact, we discovered that those were actually citizens. I would note that Ms. Gupta's organization has done absolutely nothing about citizens being removed from the voter rolls; whereas, our organization is attempting to fix the problem. That was part of a settlement in a case. Nobody was forced to do anything, and there was no finding of any liability. Mr. Armstrong. Thank you. And then I just want to go into this motor-voter issue a little bit, primarily because, I mean, we are dealing with oftentimes people who English is not their first language and continue to move through this, and by automatically getting added to the rolls--I mean, we run into these election cycles. They get unbelievably competitive. It doesn't matter if it is Democrats or Republicans. People are running hot. Volunteers are out there. But there is another part to this, and then I will back up and tell a North Dakota story here in a second. But, I mean, if they register to vote or get into those situations, I mean, doesn't that impact their ability to become a citizen later? Mr. Adams. Absolutely. It is Question 12 on the INS form, and Question 12 says, ``Have you ever registered to vote? Have you ever voted?'' And what is happening that we are finding through public records requests is that those individuals who were not citizens who got caught up in this broken motor-voter system are jeopardizing their immigration status. Now, you would think everybody would care about that. But as we have seen today, that is not the case. What is happening is they are jeopardizing their immigration status, so both noncitizens are getting on the rolls, they are voting. We have been harvesting sort of their ``please take me off the rolls,'' their self-deportation from the voter rolls, if you will, where they thought they were registering for something else. They didn't understand the form. It wasn't in the language in Allegheny County, Pennsylvania, that they spoke because it is not covered by 203. And so the system has flaws in it that we are attempting to catalogue and to fix. Occasionally, there is glitches on the way like relying on Virginia for, we would assume, not be removing citizens, but they are. Mr. Armstrong. And so my wife is not a citizen. She is a permanent resident alien, and she comes from Norway, and it is a little different situation. But in a State that doesn't have voter registration--and they have attempted to deal with this at the State legislature. Her ID looks identical to mine. I mean, it is absolutely--and there is no situation that would--I mean, it is absolutely an honor system, and we continue to work through it. And so obviously she is married to a politician, which we can judge her for that in her own right. But, I mean, we know the laws, and we know where it is at. But she could walk in and vote in North Dakota at any point in time she would, and the election people wouldn't know the difference. I mean, that is just--now, we are different. We are the only State in there without voter registration, so--but it really truly is an issue. And then I would just--I am going to end this, and I agree, we need to make it easier to--I am getting a bunch of calls on REAL ID in North Dakota right now because, as is all things, people wait until the absolute last minute. We need to make it easier for people in situations, whether they are Native Americans or elderly in general, to be able to prove their ID and work for it. And I would also just like to say regarding--I mean, there was a preliminary injunction issued in the North Dakota case. It was overturned by the Supreme--or the Eighth Circuit. The Supreme Court chose not to take it up, and there was a mechanism and timing as to when that decision came out that made it incredibly problematic in the 2018 election. And regardless of policy or anything like that, I believe this, that the organizations who went to work and activated on the Native American reservations in North Dakota to ensure that people did get IDs and vote because they turned out--regardless of how difficult it was, they turned out in absolute record numbers in 2018, and it shouldn't be that hard to get an ID, and we should continue that, particularly with older people. And the birth certificate thing is a real issue, and it is a real issue in rural America, and it is exponentially--I mean, it is magnified on the Native American reservations, and I recognize that. But they should be commended--and I know this full well. Most of them didn't vote for me, and they should be absolutely commended for what they got done in a short period of time. So, with that, I yield back. Mr. Cohen. Thank you. Mr. Armstrong, if you don't mind, how do you do it in North Dakota? If you don't have voter registration, is everybody just on the rolls? How do you do it? Mr. Armstrong. Yes, sir, and we have a 30-day residency requirement, and all you have to do is show an ID, which is--I mean, a point of consternation, but there is no voter registration. You have to have a valid ID and proof of address. Mr. Cohen. And just for the record--and I think we should mention--I have had a lot of constituents be concerned that the new Government ID requirement is something to do with stopping people from having the right to vote. That is not at all true, is it? Mr. Armstrong. It is not true. We are running into a lot of problems. One, I think, in fairness, people wait until the last minute to go get their ID, and so there is long delays. I mean, they have had the opportunity to do it. And providing the documentation to get the REAL ID versus your regular driver's license--I think this is the same fairly across the country--is proving to be cumbersome. Mr. Cohen. Thank you. Is it the Lamoureux sisters that were the hockey stars? Mr. Armstrong. Yes. Mr. Cohen. They were in Memphis last week and represented North Dakota well. Mr. Armstrong. We are proud of them. Mr. Cohen. I am sure you are. Thank you. To the panel, does anybody on the panel think that the new Federal ID law about having--has anything to do with stopping people from voting? [No response.] Mr. Cohen. Good. Ms. Dean, you are recognized. Ms. Dean. Thank you, Mr. Chairman. You know, we are in awfully anxious times in our democracy, and so when I have that fear overcome me, I try to remind myself of a quote that I like from Thomas Jefferson. He said, ``Should things go wrong at any time, the people will set them to rights by the peaceable exercise of their elective rights.'' So that gives me some consolation, except when we have conversations like we are having today and when we have a history of what we have seen today. How can the people truly right a wrong when their elective rights referred to by Thomas Jefferson are attacked, are weakened, are thwarted in many, many ways? Ms. Gupta, I would like to start with you. You mentioned several common tactics we have seen since the Shelby decision: barriers to voter registration, cuts to early voting, purges of voter rolls, strict photo identification, last-minute polling place closures or consolidations. Can you tell us of the frequency of some of these implementations? I am thinking if we reflect back on 2018 and also your concerns for 2020. Ms. Gupta. Yes, thank you for the question. We just today actually released a report, the Leadership Conference Education Fund, about the number of poll closures around the country since the Shelby County decision and found that 1,688 polling place closures happened since the Shelby County decision in jurisdictions that were previously covered by Section 5 of the Voting Rights Act. These are the kinds of hyper-local changes that would have required preclearance by the Justice Department, not because they were automatically going to be deemed as racially discriminatory but actually to allow for analysis and evaluation of whether it would create a disparate impact on voters of color or language minorities, but also to provide notice, advanced notice to voters about where these places have been moved. There is an abundance of evidence through litigation that my colleagues have mentioned that has taken years to really kind of uncover around discriminatory practices in voting and election administration that add to the current record of contemporary, ongoing, systemic racial discrimination in voting. Ms. Dean. Thank you for that. Ms. Landreth, in addition to polling--poll closures, what are some of the other voting problems that we have seen across the country that H.R. 4 would address? Ms. Landreth. Well, I think there is a couple of things. One is that H.R. 4, if I am not wrong--and it depends on how you count jurisdictions--it would end up protecting over 20 percent of tribes in the United States from retrogressive polling practices because it would cover, I believe--and, again, we would have to check this, and it depends on how you count--California, which has over 100 tribes; New York, which has eight tribes; and then the Mississippi Choctaw would also be protected. They have ten also sub-jurisdictions covered for Section 203. So it would prevent retrogression for fully 20 percent of Native American tribes. But the known practices piece would prevent the vote dilution that we commonly see in Indian Country where they switch these jurisdictions to at-large in order to make sure that you never get a seat that represents you and your community, even if it is sizable, and particularly the polling place closures, because that is one of the things that we find in Indian Country that is very unique. I am not sure that anyone here is familiar with this, but a lot of tribes are told if they want a polling place, they have to pay for it. I would like you to try that. I would like you to go to constituents in Atlanta or New York or anywhere in California and tell them, ``If you want a polling place, you need to give us $25,000 for it.'' Ms. Dean. And who is saying that? Who is suggesting that they would have to pay for it? Ms. Landreth. There are several well-known cases that I believe--and subject to your perjury limitation, let me say I am not 100 percent sure, so I am going to have to correct this on the record, but these were cases, I believe, in Blaine County, Montana, as one example; and the other would be South Dakota cases where it had become commonplace to say, ``We do not have enough money for elections.'' These cases may have been resolved now, but this is an issue where, if you go to a jurisdiction and say, ``Our tribe wants a polling place on tribal lands,'' mostly you will be refused---- Ms. Dean. Okay. Ms. Landreth [continuing]. On the grounds of cost. And then they will say, ``You pay for it. You provide the poll workers, you give the space, and maybe we will let you have one.'' Ms. Dean. That is stunning. Ms. Landreth. So protecting that would be hugely valuable. Ms. Dean. That is incredibly un-American. Mr. Johnson, I just have a few seconds left. I am a former member of the Pennsylvania Legislature. I came in in a special election in 2012, right after voter ID. I saw personally the consequences going around my district and trying to help elderly people, young people, the barrier of birth certificates and all of the rest. So could you please explain how photo identification requirements bar Americans from exercising their rights to vote? Mr. Johnson. Sure, in negative 10 seconds. Ms. Dean. Sorry. Mr. Johnson. We have never found an individual seeking to vote under an assumed name. It creates an additional barrier that is not necessary, particularly for Southern rural precincts. Everyone knows each other. There are very few cases of someone walking to the polling place and the poll workers don't know the individuals, on top of the fact that there has not been any true evidence of someone trying to voter under an assumed name. So you create an additional barrier or you create a chilling effect to voting. Ms. Dean. That is right. Thank you very much. I see my time has expired. Thank you very much. Mr. Cohen. Thank you, Ms. Dean. And now, patiently having waited, Ms. Garcia. Ms. Garcia. Saving the best for last, Mr. Chairman. Thank you. First, let me begin by responding to something that my colleague from Texas said, disparaging my home county where I was born, Dual County, because he seemed to suggest that there was voter fraud there for many, many years and it is still going on, and that is simply not true. South Texas, including my birth county and my home county of Jim Wells, have made great efforts to clean all that up. And I have not heard, seen, or been witness to any voter fraud in either one of those two counties--my birth county or my home county. Of course, I am elected from Harris County, and I am not going to belabor the point other than to say that I believe that the witness has sort of mischaracterized a bit of his lawsuit against Harris County and access to some of the materials that he was after. But I do not want to get into that because, as Lyndon Johnson said, there is no more important right under the Constitution than voting, because who you vote for then determines the freedoms and the liberties that you get from all the other constitutional rights. So, Mr. Chairman, thank you for bringing us together to talk about this topic, and as one who has been the recipient of a purging letter, all this is very personal to me. I have been turned away from the polls. I have been--gone to a poll that wasn't there. I have been to a poll where machines weren't ready. And you can look at me. You know, I don't look Mexican, so you know it is based on the surname, Garcia, the data that you are after, sir. So please know that I take this not only as an advocate for my district, but for myself and my family and my friends. So I wanted to start with you, Ms. Perez, on this purging letter issue. What really can we do to stop these letters from going--almost threatening that if you don't do something, your name is going to get purged? Or how do we stop this flawed data that is sometimes given, as it was in the Texas case that you cited, where the information was just wrong and all those people who were supposedly thousands of people who were registered or maybe registering was just not true? So how do we--what can we do from here in Washington in our Federal laws to make sure those things just stop? Ms. Perez. Thank you, Member Garcia. I am also from the great State of Texas, and I think Texas is a ripe example of the need for a robust preclearance regime because Texas is one of these jurisdictions that keep popping up in terms of election problems. In addition to making it harder for groups to go out and register people to vote, they have a strict photo ID law that many of us had to spend 5 years challenging. There is aggressive prosecutions of folks who run afoul of some of the election laws. There is attempts at voter purges. It seems like at every step---- Ms. Dean. But what do we do? The question is---- Ms. Perez. What we can do with purges is ensure that there is a strong preclearance regime that would require that changes to the preclearance process get precleared so that it didn't have a discriminatory impact or discriminatory effect. We can have stricter compliance with the National Voter Registration Act. We can have greater public education to ensure people to check their voter registration status. And we can inform election administrators that when they receive threatening emails from groups who are trying to pressure them into aggressively purging the voter rolls, that they know that the Federal Government is there to protect them. Ms. Dean. Thank you. Mr. Ho, on some of the testimony that you presented, I know that you talked a lot about some of the cases and the cost of litigation. You quoted 5 million. Is that an average for ACLU? And, also, is there anything else that you wanted to respond to, any of the testimony from the gentleman to your left? Mr. Ho. Sure. Five million was in reference to the court- ordered award of attorneys' fees and costs in the North Carolina litigation that you have heard a lot about today. It was certainly, I think, a more expensive and time-consuming case than is average. So I don't want the committee to think that that is the average Section 2 case. It is certainly on the more expensive side. I just want to say one thing and make the record ---- Ms. Dean. Do you have an average? Mr. Ho. I don't. Ms. Dean. You don't? Okay. Mr. Ho. I think the record should be clear that it is very remarkable, I think, that Mr. Adams is in here today claiming credit for protecting voters in Virginia. His organization published a report titled ``Alien Invasion'' with a UFO on the cover, hyping a supposed ``cover-up of noncitizen registration'' in Virginia. The report published the names and contact information of voters who were United States citizens, including a Los Angeles-born employee of the USCIS named Luis, claiming that they were noncitizens and accusing them of committing felonies, despite warnings---- Mr. Adams. Not true. Mr. Ho [continuing]. From Government officials that the list he used contained false positives. Mr. Adams. It is not true. Mr. Ho. He was sued for defamation by those voters, and it takes, I think, extraordinary chutzpah for him to come in here and claim that he protected United States citizens. Ms. Dean. Thank you clearing the record. I yield back. Mr. Cohen. Thank you, Ms. Garcia. I appreciate all the witnesses today and all of the testimony. I think it is a valuable hearing on the importance of the voting rights bill we have before us to set up a new standard in Section 4 and reactivate--restore Section 5 of the Voting Rights Act. So I thank each of you. This concludes today's hearing. I want to thank all of our witnesses for appearing today. And I want to thank the minority for educating me about Guam. That is something I didn't know about. Very important. Without objection, all members have 5 legislative days to submit additional written questions for the witnesses or additional materials for the record, and the hearing is adjourned. [Whereupon, at 11:56 a.m., the subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Items for the record submitted by Myrna Perez: https:// docs.house.gov/meetings/JU/JU10/20190910/109895/HHRG-116-JU10- 20190910-SD003.pdf. Arnold Davis v. Guam Opinion: https://docs.house.gov/ meetings/JU/JU10/20190910/109895/HHRG-116-JU10-20190910- SD001.pdf. [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] [all]