Saturday, March 17, 2018

GA Republicans Trying to Eliminate Sunday Voting


Georgia Republicans are advancing a Bill through the State Legislature that would suppress African-American Turnout by Eliminating Sunday Voting and Cutting the Hours that Polls are open in Atlanta.

The Bill (SB 363), would force Polls in the Majority African American City of Atlanta to close an Hour earlier, 7pm instead of 8pm. and would eliminate Early Voting on the Sunday before Election Day.

That Sunday is often a High-Turnout Day for African American Voters because of Souls to the Polls Events that encourage People to Cast Ballots early after attending Church.

If this Legislation does pass and Republicans continue to be overt about their Intention to Suppress Black Voters, the Bill would Violate the U.S. Constitution.

Democrats and Voting Advocates are also likely to raise Objections under the Voting Rights Act, although the U.S. Supreme Court significantly weakened the Power of that Landmark Legislation in 2013 when it ruled that States and Jurisdictions with a History of Racial Discrimination, like Georgia, no longer need to Preclear Changes to their Voting Law with the Department of Justice.

Section 3(c) of the Voting Rights Act contains a "Bail-In" or "Pocket Trigger" process by which Jurisdictions that Fall outside the Coverage Formula of Section 4(b) may become subject to Preclearance. Under this Provision, if a Jurisdiction has Racially Discriminated against Voters in Violation of the Fourteenth or Fifteenth Amendments, a Court may Order the Jurisdiction to have future Changes to its Election Laws Preapproved by the federal Government. Because Courts have Interpreted the Fourteenth and Fifteenth Amendments to Prohibit only Intentional Discrimination, a Court may Bail-In a Jurisdiction only if the Plaintiff(s) Proves that the Jurisdiction Enacted or Operated a Voting Practice to purposely Discriminate.

Section 3(c) contains its own Preclearance Language and differs from Section 5 Preclearance in several ways. Unlike Section 5 Preclearance, which applies to a Covered Jurisdiction until such time as the Jurisdiction may Bail-Out of Coverage under Section 4(a), Bailed-In Jurisdictions remain subject to Preclearance for as long as the Court Orders. Moreover, the Court may require the Jurisdiction to Preclear only Particular Types of Voting Changes.

For example, the Bail-In of New Mexico in 1984 applied for 10 years and required Preclearance of only Redistricting Plans. This differs from Section 5 Preclearance, which requires a Covered Jurisdiction to Preclear All of its Voting changes.









NYC Wins When Everyone Can Vote! Michael H. Drucker
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