SOLUTION: HIST 2020 San Jose State University Voter ID Laws The Voting Right Act Questions

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SOURCE
AN ACT To enforce the fifteenth amendment to the Constitution of the United
States, and for other purposes. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled, That
this Act shall be known as the “Voting Rights Act of 1965.”
SEC. 2. No voting qualification or prerequisite to voting, or standard, practice,
or procedure shall be imposed or applied by any State or political
subdivision to deny or abridge the right of any citizen of the United
States to vote on account of race or color.…
SEC. 4.
(a) To assure that the right of citizens of the United States to vote is not
denied or abridged on account of race or color, no citizen shall be
denied the right to vote in any Federal, State, or local election because
of his failure to comply with any test or device in any State with
respect to which the determinations have been made under
subsection,, , ,
(c) The phrase “test or device” shall mean any requirement that a person
as a prerequisite for voting or registration for voting
(1) demonstrate the ability to read, write, understand, or interpret any
matter,
(2) demonstrate any educational achievement or his knowledge of any
particular subject,
(3) possess good moral character, or
(4) prove his qualifications by the voucher of registered voters or
members of any other class.
(d) For purposes of this section no State or political subdivision shall be
determined to have engaged in the use of tests or devices for the
purpose or with the effect of denying or abridging the right to vote on
account of race or color if
(1) incidents of such use have been few in number and have been
promptly and effectively corrected by State or local action,
(2) the continuing effect of such incidents has been eliminated, and
(3) there is no reasonable probability of their recurrence in the
future.…
SEC. 5. Whenever a State or political subdivision with respect to which the
prohibitions set forth in section 4
(a) are in effect shall enact or seek to administer any voting qualification
or prerequisite to voting, or standard, practice, or procedure with
respect to voting different from that in force or effect on November 1,
1964, such State or subdivision may institute an action in the United
States District Court for the District of Columbia for a declaratory
judgment that such qualification, prerequisite, standard, practice, or
procedure does not have the purpose and will not have the effect of
denying or abridging the right to vote on account of race or color, and
unless and until the court enters such judgment no person shall be
denied the right to vote for failure to comply with such qualification,
prerequisite, standard, practice, [p*343] or procedure: Provided, That
such qualification, prerequisite, standard, practice, or procedure may
be enforced without such proceeding if the qualification, prerequisite,
standard, practice, or procedure has been submitted by the chief legal
officer or other appropriate official of such State or subdivision to the
Attorney General and the Attorney General has not interposed an
objection within sixty days after such submission, except that neither
the Attorney General’s failure to object nor a declaratory judgment
entered under this section shall bar a subsequent action to enjoin
enforcement of such qualification, prerequisite, standard, practice, or
procedure. Any action under this section shall be heard and
determined by a court of three judges in accordance with the
provisions of section 2284 of title 28 of the United States Code and
any appeal shall lie to the Supreme Court.…
SEC. 10.
(a) The Congress finds that the requirement of the payment of a poll tax
as a precondition to voting
(i) precludes persons of limited means from voting or imposes
unreasonable financial hardship upon such persons as a
precondition to their exercise of the franchise,
(ii) does not bear a reasonable relationship to any legitimate State
interest in the conduct of elections, and
(iii) in some areas has the purpose or effect of denying persons the
right to vote because of race or color. Upon the basis of these
findings, Congress declares that the constitutional right of citizens
to vote is denied or abridged in some areas by the requirement of
the payment of a poll tax as a precondition to voting.…
SEC. 11.
(a) No person acting under color of law shall fail or refuse to permit any
person to vote who is entitled to vote under any provision of this Act
or is otherwise qualified to vote, or willfully fail or refuse to tabulate,
count, and report such person’s vote.
(b) (b) No person, whether acting under color of law or otherwise, shall
intimidate, threaten, or coerce, or attempt to intimidate, threaten, or
coerce any person for voting or attempting to vote, or intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce any
person for urging or aiding any person to vote or attempt to vote, or
intimidate, threaten, or coerce any person for exercising any powers
or duties under section 3(a), 6, 8, 9, 10, or 12(e).
ANALYZE THE EVIDENCE
Answer the questions:
On the Internet, locate educational sites (typically .edu, .org, and .gov,) journal
articles, or Google Books for further information about the following questions.
1. What are voter ID laws and the purging of voter polls, and why do civil
rights activists consider these a new form of state disenfranchisement?
2. What phrases in the Voter Rights Act would prevent voter ID laws and the
purging of selected voters from voting polls?
3. Do you agree with civil rights activists about current voter
disenfranchisement?

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