Skip to main content

View Diary: Eric Holder v. Rick Perry: Voting Rights v. States' Rights (69 comments)

Comment Preferences

  •  It's long, but I think I need to post it here (12+ / 0-)

    Section 10 of the Voting Rights Act of 1965, that is.  This deals with the poll tax, and you will note that it's entirely based on the supremacy clause.  States can't do what they want here any more than they can make their own foreign policy.

    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.

    (b) In the exercise of the powers of Congress under section 5 of the fourteenth amendment and section 2 of the fifteenth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declaration of subsection (a) and the purposes of this section.

    (c) The district courts of the United States shall have jurisdiction of such actions which 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. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

    (d) During the pendency of such actions, and thereafter if the courts, notwithstanding this action by the Congress, should declare the requirement of the payment of a poll tax to be constitutional, no citizen of the United States who is a resident of a State or political subdivision with respect to which determinations have been made under subsection 4(b) and a declaratory judgment has not been entered under subsection 4(a), during the first year he becomes otherwise entitled to vote by reason of registration by State or local officials or listing by an examiner, shall be denied the right to vote for failure to pay a poll tax if he tenders payment of such tax for the current year to an examiner or to the appropriate State or local official at least forty-five days prior to election, whether or not such tender would be timely or adequate under State law. An examiner shall have authority to accept such payment from any person authorized by this Act to make an application for listing, and shall issue a receipt for such payment. The examiner shall transmit promptly any such poll tax payment to the office of the State or local official authorized to receive such payment under State law, together with the name and address of the applicant.

    -7.75, -8.10; All it takes is security in your own civil rights to make you complacent.

    by Dave in Northridge on Wed Jul 11, 2012 at 07:02:33 AM PDT

Subscribe or Donate to support Daily Kos.

  • Recommended (128)
  • Community (61)
  • 2016 (46)
  • Elections (38)
  • Environment (35)
  • Media (35)
  • Trans-Pacific Partnership (33)
  • Republicans (31)
  • Hillary Clinton (30)
  • Law (28)
  • Barack Obama (27)
  • Iraq (27)
  • Civil Rights (25)
  • Climate Change (24)
  • Culture (24)
  • Jeb Bush (24)
  • Economy (20)
  • Labor (19)
  • Bernie Sanders (18)
  • Senate (16)
  • Click here for the mobile view of the site