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Ford Press Releases - Voting Rights, 1965-1970
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Ford Press Releases - Voting Rights, 1965-1970
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The original documents are located in Box D9, folder "Ford Press Releases - Voting
Rights, 1965-1970" of the Ford Congressional Papers: Press Secretary and Speech File at
the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. The Council donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box D9 of The Ford Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential Library
A statement by Rep. Gerald R. Ford (R-Mich)
regarding the President's Message on Voting Rights
March 15, 1965
FOR RELEASE AFTER DELIVERY OF THE PRESIDENT'S
MESSAGE, March 15, 1965
I strongly believe effective federal voting legislation is needed go that
all qualified citizens wherever they live can vote by 1966. Republicans in
the House under the leadership of Rep. William McCulloch have been and are
working on such legislation with its many complex issues and different
approaches, Republicans in the House will support legislation to achieve
maximum registration and voting by the target date of 1966. I am pleased that
we now have the President's recommendations in this critical area.
From what I have seen and heard the President's proposal is deficient in
that it may penalize certain states where there is no discrimination and it
may fail to resolve the problem in some areas where eligible voters are not
permitted to register.
I am also concerned with the establishment of a huge, new bureaucracy
of voting examiners which could be perpetuated even though the problem of
voter registration is resolved.
A statement by Rep. Gerald R. Ford (R-Mich)
regarding the President's Message on Voting Rights
March 15, 1965
FOR RELEASE AFTER DELIVERY OF THE PRESIDENT'S
MESSAGE, March 15, 1965
I strongly believe effective federal voting legislation is needed do that
all qualified citizens wherever they live can vote by 1966. Republicans in
the House under the leadership of Rep. William McCulloch have been and are
working on such legislation with its many complex issues and different
approaches. Republicans in th House will support legislation to achieve
maximum registration and voting by the target date of 1966. I am pleased that
we now have the President's recommendations in this critical area.
From what I have seen and heard the President's proposal is deficient in
that it may penalize certain states where there is no discrimination and it
may fail to resolve the problem in some areas where eligible voters are not
permitted to register.
I am also concerned with the establishment of a huge, new bureaucracy
of voting examiners which could be perpetuated even though the problem of
voter registration is resolved.
OUTLINE OF REPUBLICAN VOTING RIGHTS BILL
1. Certification by the Attorney General
If the Attorney General certifies that, in any county or similar subdivision
of a State, he has received complaints to the effect that 25 or more persons have been
denied or deprived of the right to register or to vote on account of race or color, an
examiner who is a resident of the State shall be appointed by the Civil Service Com-
mission.
2. Duties of the Examiner
(a) The examiner shall determine whether, in fact, these 25 or more persons
have been denied or deprived of the right to register or to vote and whether they are
qualified to vote under State law.
(b) The examiner shall find that a person has been denied or deprived of the
right to register or to vote, if, within 90 days preceding thereto, the person (i)
has been unable to make an application with a local registrar within 2 days after making
a good faith effort to do so, (ii) has been found not qualified to vote by a local regis-
trar, or (iii) has not been notified of the results of his application within 7 days
after making application therefor.
(c) The examiner shall apply voting qualifications established by State law
to these 25 or more persons, except that he shall not apply (i) any literacy tests to
persons possessing a sixth grade education, (ii) any requirement of "good moral char-
acter", or (iii) any requirement that qualifications must be proved by the voucher of
registered voters or members of any other class.
(d) Those persons found qualified to vote by the examiner shall be placed on a
list of eligible voters and shall be issued registration certificates.
(e) The list of eligible voters, together with a report evidencing their quali-
fication, shall be sent to the State Attorney General and to the appropriate local
election officials.
(f) Persons placed on the list of eligible voters shall have the right to
vote without restriction in any subsequent election, unless challenged according to the
provisions detailed in paragraph 3. If challenged, they shall hav e the right to vote
provisionally, with their ballots being impounded until the challenge has been deter-
mined by the hearing officer and the court.
3. Challenges to Findings of the Examiner
(a) The State Attorney General and any appropriate election official within
the county shall have 10 days from receipt of the examiner's list and report to chal-
lenge findings of the examiner.
- 2 -
(b) Challenges shall be made to a hearing officer appointed by the Civil
Service Commission.
(c) The hearing officer shall pass upon the challenges within 7 days.
(d) An appeal from the determination of the hearing officer must be made
within 15 days thereafter to the Court of Appeals of the Circuit within which the
persons challenged so reside.
4. Establishment of a Pattern or Practice
(a) Upon determination of the hearing officer that 25 or more of those
persons whom the Attorney General certified, are qualified to vote, such determina-
tion shall establish a pattern or practice of denial of the right to register or vote
on account of race or color.
5. Appointment of Additional Examiners
(a) Upon the establishment of a pattern or practice, as described in sec-
tion 4, the Civil Service Commission shall appoint additional examiners as may be
necessary to determine whether persons within the county are qualified to vote.
(b) The examiners shall apply the same procedures and be subject to the
same conditions as the initial examiner was, as described in section 2 (c) through
(f), and a person shall not be required to first make application with a local regis-
trar if he states, under oath, that to make such application would be futile or would
subject him or his family to physical or economic intimidation or harm.
(c) As in section 2, those persons found qualified shall have the right to
vote without restriction if not challenged. If challenged, they shall have the right
to vote provisionally until the challenge is determined, with their ballots being
impounded.
(d) Also, as in section 3, the State shall have 10 days to challenge the
examiner's findings before a hearing officer and the hearing officer must make his
determination within 7 days thereafter.
(e) Persons, found qualified to vote pursuant to this Act, shall be entitled
to vote unless the examiner determines that (1) he has not voted or attempted to vote
once during 4 consecutive years or during such longer period as allowed by state regis-
tration laws, or (2) he has otherwise lost his eligibility to vote.
6. Denial of the Right to Vote.
Whenever a person alleges to an examiner within 24 hours after an election
that he has been denied the right to vote, although found qualified by an examiner,
- 3 -
the examiner shall notify the local U.S. Attorney. The U.S. Attorney is authorized
to seek an order of contempt against the election officials in the U.S. district
court. Also, any State or local official who denies such a person the right to
vote, or to count such person's vote, or otherwise intimidates, threatens or
coerces such person for the purpose of preventing such person from voting shall be
fined up to $5,000 and imprisoned up to five years.
7. Termination of a Pattern or Practice
(a) The provisions of this Act shall continue in force and effect until
within a 12 month period less than 25 persons within the county have been placed on
lists of eligible voters by examiners.
8. Qualification of Examiners
(a) Examiners shall be existing Federal officers or employees who are
residents of the State in which the Attorney General has issued his certification.
89TH CONGRESS
1ST SESSION
H.R.
IN THE HOUSE OF REPRESENTATIVES
April
, 1965
Mr.
introduced the following bill; which was referred to
the Committee on the Judiciary.
A BILL
To guarantee the right to vote under the 15th Amendment to the Constitution
of the United States.
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. (a) The phrase "literacy test" 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,
or (2) demonstrate an educational achievement or knowledge of any particular
subject.
(b) A person is "denied or deprived of the right to register or to
vote" if he is (1) not provided by persons acting under color of law with an
- 2 -
opportunity to register to vote or to qualify to vote within two weekdays
after making a good faith attempt to do so, (2) found not qualified to
vote by any person acting under color of law, or (3) not notified by any
person acting under color of law of the results of his application within
seven days after making application therefor.
(c) The term "election" shall mean any general, special or primary
election held in any voting district solely or in part for the purpose of
electing or selecting any candidate to public office or of deciding a
proposition or issue of public law.
(d) The term "voting district" shall mean any county, parish, or
similar political subdivision of a State in which persons, acting under color
of law, administer the registration and voting laws of the State.
(e) The term "vote" shall have the same meaning as in section 2004
of the Revised Statutes (42 U.S.C. 1971 (e)).
SEC. 3. (a) Congress hereby finds that large numbers of United
States citizens have been and are being denied the right to register or to
vote in various $ tates on account of race or color in violation of the
Fifteenth Amendment.
(b) Congress further finds that literacy tests have been and are
being used in various States and political subdivisions as a means of dis-
crimination on account of race or color. Congress further finds that persons
a
with/sixth grade education possess reasonable literacy, comprehension and
intelligence and that, in fact, persons possessing such educational achieve-
ment have been and are being denied or deprived of the right to register or to
vote for failure to satisfy literacy test requirements solely or primarily
because of discrimination on account of race or color.
- 3 -
(c) Congress further finds that the requirements that persons as a
prerequisite for voting or registration for voting (1) possess good moral
character unrelated to the commission of a felony, or (2) prove their
qualifications by the voucher of registered voters or members of any
other class have been and are being used as a means of discrimination on
account of race or color.
(d) Congress further finds that where in any voting district
twenty-five or more persons have been denied or deprived of the right to
register or to vote, as determined in section 6, there is established a
pattern or practice of denial of the right to register or to vote on account
of race or color.
SEC. 4. (a) Whenever the Attorney General certifies to the Civil
Service Commission (1) that he has received complaints in writing from
twenty-five or more residents of a voting district each alleging that (i)
the complainant satisfies the voting qualifications of the voting district,
and (ii) the complainant has been denied or deprived of the right to regis-
ter or to vote on account of race or color within ninety days, and (2)
that the Attorney General believes such complaints to be meritorious, the
Civil Service Commission shall appoint an examiner for such voting district.
(b) A certification by the Attorney General shall be final and
effective upon publication in the Federal Register.
(c) The examiner shall examine those persons who have filed com-
plaints certified by the Attorney General to determine (1) whether they
were denied or deprived of the right to register or to vote within ninety
days and (2) whether they are qualified to vote under State law. A person's
- 4 -
statement under oath shall be prima facie evidence as to his age, resi-
dence and his prior efforts to register or otherwise qualify to vote. The
examiner shall, in determining whether a person is qualified to vote under
State law, disregard (1) any literacy test if such person has not been
adjudged an incompetent and has completed the sixth grade of education in a
public school in, or a private school accredited by, any State or Territory,
the District of Columbia, or the Commonwealth of Puerto Rico, or (2) any
requirement that such person, as a prerequisite for voting or registration
for voting (i) possess good moral character unrelated to the Commission of
a felony, or (ii) prove his qualifications by the voucher of registered
voters or members of any other class.
(d) If the examiner finds that twenty-five or more of those persons
within the voting district, who have filed complaints certified by the
Attorney General, have been denied the right to register or to vote and are
qualified to vote under State law, he shall promptly place them on a list of
eligible voters, and shall certify and transmit such list to the offices of
the appropriate election officials, the Attorney General, and the attorney
general of the State, together with a report of his findings as to those
persons whom he has found qualified to vote. For those persons, possessing
less than a sixth grade education, the examiner shall administer a literacy
test only in writing and the answers to such test shall be included in the
examiner's report. The examiner shall issue to each person appearing on
such a list a certificate evidencing his eligibility to vote.
(e) A finding by the examiner that twenty-five or more of those per-
sons within a voting district, who have filed complaints certified by the
Attorney General, have been denied or deprived of the right to register or
- 5 -
to vote and that they are qualified to vote shall create a presumption
of a pattern or practice of denial of the right to register or to vote on
account of race or color.
(f) Unless challenged, according to the provisions of section 5, any
person who has been placed on a list of eligible voters shall be entitled
and allowed to vote in any election held within the voting district unless
and until the appropriate election officials shall have been notified that
such person has been removed from such list in accordance with section
10.
If challenged, such person shall be entitled and allowed to vote
provisionally with appropriate provision being made for the impounding of
their ballots, pending final determination by the hearing officer and by the
court.
(g) No person shall be entitled to vote in any election by virtue
of the provisions of this Act unless his name shall have been certified
and transmitted on such list to the offices of the appropriate election
officials at least forty-five days prior to such election.
SEC. 5. (a) A challenge to the factual findings of the examiner,
contained in the examiner's report, may be filed by the attorney general
of the State or by any other person who has received from the examiner a
certified list and report of persons found qualified to vote, as provided
in section 4 (d). A challenge shall be heard and determined by a hearing
officer appointed by and responsible to the Civil Service Commission. Such
challenge shall be entertained only if made within ten days after the
challenged person is listed, and if supported by the affidavit of at least
two persons having personal knowledge of the facts constituting grounds for
- 6 -
the challenge, and such challenge shall be determined within seven days after
it has been made. A person's fulfillment of literacy test requirements, if
not disregarded by the examiner as provided for in section 4(c), shall be
determined solely on the basis of answers included in the examiner's report.
(b) A petition for review of the decision of the hearing officer
may be filed in the United States Court of Appeals for the circuit in which
the person challenged resides within fifteen days after service of such
decision by mail on the moving party, but no decision of a hearing officer
shall be overturned unless clearly erroneous. A challenge to a listing made
in accordance with this section shall not be the basis for a prosecution
under any provisions of this Act.
SEC. 6. Upon determination by the hearing officer that twenty-five
or more of those persons within the voting district, who have been placed on
the list of eligible voters by the examiners, have been denied or deprived
of the right to register or to vote and are qualified to vote, such deter-
mination shall establish a pattern or practice of denial of the right to
register or to vote on account of race or color. The establishment of a
pattern or practice by the hearing officer shall not be stayed pending final
determination by the court.
by the hearing officer,
SEC. 7. (a) Upon establishment of a pattern or practice /as provided
in section 6, the Civil Service Commission shall appoint additional
examiners within the voting district as may be necessary who shall deter-
mine whether persons within the voting district are qualified to register
and to vote. In determining whether such persons are so qualified the
examiners shall apply the same procedures and be subject to the same condi-
tions imposed upon the initial examiner under section 4 (c), except that a
- 7 -
person appearing before such examiner need not have first attempted to
apply to a State or local registration official if he states, under oath,
that in his belief to have done so would have been futile or would have
jeopardized the personal safety, employment, or economic standing of him-
self, his family, or his property. Such examiner shall in the same manner
as provided in section 4 (d), certify and transmit lists of persons and any
supplements as appropriate, at the end of each month, to the office of
the appropriate election officials, the Attorney General, and the attorney
general of the State, together with reports of their findings as to those
persons found qualified to vote.
(b) Persons placed on lists of eligible voters by examiners shall
have the right to vote in accordance with the provisions of section 4 (f)
and 4 (g).
(c) Challenges to the findings of the examiners shall be made in
the same manner and under the same conditions as are provided in section 5.
(d) The Civil Service Commission shall appoint and make available
additional hearing officers within the voting district as may be necessary
to hear and determine the challenges under this section.
SEC. 8. (a) Whenever a person alleges to an examiner within twenty-
four hours after the closing of the polls that notwithstanding his listing
under the provisions of this Act he has not been permitted to vote or that
his vote was not properly counted (or not counted subject to the impounding
provision, as provided in this Act), the examiner shall notify the United
States Attorney for the judicial district if such allegation, in his opinion,
appears to be well founded. Upon receipt of such notification, the United
States Attorney may forthwith apply to the district court for an order of
- 8 -
contempt. Whoever, acting under color of law, fails or refuses to permit
a person to vote, notwithstanding his listing under this subsection, or
fails or refuses to properly count such person's vote, or intimidates,
threatens, or coerces, or attempts to intimidate, threaten or coerce such
person for the purpose of preventing such person from voting under the
authority of this Act shall be fined not more than $5,000, or imprisoned
not more than five years, or both.
(b) Whoever, acting under color of law, within a year following an
election in a voting district in which an examiner has been appointed
(1) destroys, defaces, mutilates, or otherwise alters the marking of a
paper ballot cast in such election, cr (2) alters any record of voting in
such election made by a voting machine or otherwise, shall be fined not
more than $5,000, or imprisoned not more than five years, or both.
(c) The district courts of the United States shall have jurisdiction
of proceedings instituted pursuant to this section and shall exercise the
same without regard to whether an applicant for listing under this Act shall
have exhausted any administrative or other remedies that may be provided by
law.
SEC. 9. Consistent with state law and the provisions of this Act,
persons appearing before an examiner, shall make application in such form
as the Civil Service Commission may require. Also consistent with State
law and the provisions of this Act, the times, places and procedures for
application and listing pursuant to this Act and removals from eligibility
lists shall be prescribed by regulations promulgated by the Civil Service
Commission. The Commission shall, after consultation with the Attorney
General, instruct examiners concerning the qualifications required for listing.
- 3 -
(b) Notwithstanding time limitations as may be established under
State or local law, examiners shall make themselves available every week-
day in order to determine whether persons are qualified to vote.
SEC. 10. Any person whose name appears on a list, as provided
in this Act, shall be entitled and allowed to vote in the election dist ct
of his residence unless and until the appropriate election officials shall
have been notified that such person has been removed from such list. A
person whose name appears on such a list shall be removed therefrom by
an examiner if (1) he has been successfully challenged in accordance with
the procedure prescribed in sections 5 and 7, or (2) he has been determined
by an examiner (a) not to have voted or attempted to vote at least once
during four consecutive years while listed or during such longer period as
is allowed by State law without requiring reregistration, or (b) to have
otherwise lost his eligibility to vote: Provided, however, That, in a
State which requires reregistration within a period of time shorter than
four years, the person shall be required to reregister with an examiner
who shall apply the reregistration methods and procedures of State law
which are not inconsistent with the provisions of this Act.
SEC. 11. Examiners, appointed by the Civil Service Commission,
shall be existing Federal officers and employees who are residents of the
State in which the Attorney General has issued his certification. Examin-
ers shall subscribe to the oath of office required by section 16 of title
5, United States Code. Examiners will serve without compensation in
addition to that received for such other service, but while engaged in
the work as examiners shall be paid actual travel expenses, and per diem
in lieu of subsistence expenses when away from their usual place of resi-
- 10 -
dence, in accordance with the provisions of the Travel Expense Act of
1949, as amended. Examiners shall have the power to administer oaths.
SEC. 12. The provisions of this act shall be applied in a voting
district until, within any twelve-month period, less than twenty-five
persons within the voting district have been placed on lists of eligible
voters by examiners.
SEC. 13. (a) All cases of civil and criminal contempt arising
under the provisions of this Act shall be governed by section 151 of the
Civil Rights Act of 1957 (42 U.S.C. 1995).
(b) Any statement made to an examiner may be the basis for a
prosecution under section 1001 cf title 18, United States Code.
SEC. 14. There are hereby authorized to be appropriated such sums
as are necessary to carry out the provisions of this Act.
SEC. 15. If any provision of this Act or the application thereof
to any person or circumstances is held invalid, the remainder of the Act
and the application of the provision to other persons not similarly
situated or to other circumstances shall not be affected thereby.
(NOT PRINTED AT GOVERNMENT EXPENSE)
Congressional Record
United States
of America
PROCEEDINGS AND DEBATES OF THE
89th
CONGRESS, FIRST SESSION
Vol. 111
WASHINGTON, MONDAY, APRIL 5, 1965
No. 60
HOUSE REPUBLICAN VOTING RIGHTS BILL
Mr. GERALD R. FORD. Mr. Speak-
applies only to a limited number of States
to coercion and intimidation. In addition,
er, today the Honorable WILLIAM McCUL-
which employ literacy and other tests. The
our bill provides for civil and criminal pen-
LOCH of Ohio and I introduced a House
absolute exclusion of Texas from the cover-
altes against those officials who engage in
voting rights bill. I want to commend
age of this bill has been widely noted.
such coercion and intimidation. The ad-
The Republican bill does not penalize the
ministration's bill contains similar provisons
BILL McCULLOCH, the Republican mem-
innocent-the States and localities where
except that the Attorney General must take
ber of the Judiciary Committee and the
discrimination does not exist. The adminis-
affirmatve action to waive the requirement
Republican Voting Rights Task Force for
tration's bill imposes undue burdens on areas
that a person first appear before a local
the magnificent job they have done in
such as Alaska and parts, of Maine where dis-
registrar.
cooperation with the Republican leader-
crimination is known not exist.
Our bill does not overturn constitutional
ship.
The Republican bill is ot limited by the
principles by requiring States to establish
Mr. Speaker, this proposal is offered
straitjacket of an arbitrary percentage for-
their innocence. The administration's bill
mula. The administration bill reaches only
does do this by presuming a State of a politi-
to dramatize the serious deficiencies in
those States and their subdivisions having
cal subdivision, covered by the bill, guilty of
the original administration voting
literacy tests where less than 50 percent of
discrimination until it receives from a Fed-
rights bill. The Republican bill will cor-
its people registered or voted in the 1964
eral court in the District of Columbia a
rect voting discrimination wherever it
general election. States or local communities
declaratory judgment that it has not violated
occurs throughout the length and
coming within this arbitrary formula may or
the 15th amendment in even one instance
breadth of this great land. It respects
may not practicing crimination. Low
in the past 10 years.
the traditional and constitutional rights
registration or voting may be equally cred-
Our bill does not invalidate laws or ordi-
of the States to set reasonable and non-
ited to voter apathy especially in areas
nances of State and local governments in
where one political party predominates- to
contraventions of established constitutional
discriminatory standards for voting.
misleading census figures which include per-
principles. The administration's bill would
Our bill is comprehensive, expeditious
sons who are nonresidents (such as military
require States and their political subdivisions
and fair. We urge the House Judiciary
personnel and students)
covered by the bill, to come to a Federal
Committee to adopt our approach to
The Republic: bill is comprehensive in
court for validation of their future laws and
solving this crucial problem. We will
scope and speedy in action. A Federal ex-
ordinances relating to voting requirements.
cooperate in every way to see to it
aminer is appointed by the Civil Service Com-
Such is required by the administration's bill
that effective and fair legislation is en-
mission when the Attorney General receives
even though the laws and ordinances of the
acted promptly so that every qualified
25 or more complaints from residents of a
State or local community have never been
citizen will be able to vote in this coun-
county alleging denial of the right to vote
found to be discriminatory.
on account of race or color. The examiner
The Republican bill offers a constitutional,
try by 1966.
immediately determines whether these per-
comprehensive, effective, speedy remedy for
Under unanimous consent I place the
sons are qualified to vote. Challenges by the
the evil of disenfranchisement of any citizen
joint statement made by Congressman
State may be made to a Federal hearing offi-
because of race or color. The Republican
McCULLOCH and me this morning at this
cer, appointed by the Civil Service Commis-
bill would eliminate voter discrimination
point in the RECORD, along with the
sion, with 10 days, and the hearing officer
quickly and wherever it may exist.
text of the Ford-McCulloch voting rights
must render his decision 7 days thereafter.
bill.
Determination by the hearing officer that
H.R. 7125
25 or more persons are denied suffrage be-
JOINT STATEMENT BY HON. GERALD R. FORD
A bill to guarantee the right to vote under
cause of race or color establishes a pattern
AND HON. WILLIAM M. McCulloch
the 15th amendment to the Constitution
or practice of discrimination. Immediately
of the United States
Later today we shall introduce a voting
thereafter, the Civil Service Commission shall
rights bill which is the product of the effort
appoint such additional Federal examiners
Be it enacted by the Senate and House
of many Republicans in the House of
and hearing officers as necessary to register
of Representatives of the United States of
Representatives.
all other persons within the county who may
America in Congress assembled, That this
This bill offers a comprehensive and effec-
be subject to discrimination.
Act shall be known as the "Voting Rights
Our bill provides for an appeal of the hear-
Act of 1965."
tive remedy for the evil of disfranchisement
of citizens because of race.
ing officer's decision to the local Federal
SEC. 2. (a) The phrase "literacy test"
The voting rights bill which is written
Court of Appeals if made within 15 days. All
shall- mean any requirement that a person
into law this year should:
persons found qualified to vote by the ex-
as a prerequisite for voting or registration
1. effectively and speedily end the uncon-
aminers shall be entitled to vote. Those who
for voting (1) demonstrate the ability to
stitutional denial of the right to vote any-
are challenged shall vote provisionally until
read, write, understand, or interpret any
where in the United States;
the appeal is decided by the hearing officer
matter, or (2) demonstrate an educational
2. terminate unreasonable standards for
and the court. Provisional voting will en-
achievement or knowledge of any particular
registration and voting without interfering
courage a prompt determination of the ap-
subject.
with the reasonable requirements established
peal. The admninistration's bill provides ex-
(b) A person is "denied or deprived of the
by the States;
the same appeal procedure, except that
right to register or to vote" If he is (1) not
3. terminate any discriminatory applica-
there is no authority for provisional voting.
provided by persons acting under color of
tion of requirements for registration and
Our bill provides that examiners shall dis-
law with an opportunity to register to vote
voting; and
regard literacy test requirements for per-
or to qualify to vote within two weekdays
4. avoid penalizing areas which are not
sons who possess a 6th grade education.
after making a good faith attempt to do so.
guilty of discrimination.
But, Federal examiners under this bill will
(2) found not qualified to vote by any person
Our bill accomplishes these objectives.
apply all other persons a State's literacy
acting under color of law. or (3) not notified
The administration bill does not.
test, provided it is fair and nondiscrimina-
by any person acting under color of law of
We are taking this step because of the
tory The administration's bill requires the
the results of his application within seven
serious deficiencies of the administration bill
com te elimination of literacy tests in a
days after making application therefor.
on this subject. The defects of the admin-
few States or their subdivisions, caught in
(c) The term "election" shall mean any
istration bill were obvious from the begin-
its net, no matter how reasonable the tests
general, special, or primary election held in
ning and they were pointed out by Republi-
or how fairly applied. At the same time, the
any voting district solely or in part for the
cans as soon as the President made it avail-
Administra bill permits other States
purpose of electing or selecting any candi-
able to the Congress. Testimony by virtually
to enact literacy tests in the future.
date to public office or of deciding a propo-
every witness who has appeared before the
Our bill deals with the problem of physical
sition or issue of public law.
Judiciary Committees of the House and Sen-
and economic coercion and intimidation. It
(d) The term "voting district" shall mean
ate has brought to light a long list of short-
permits registrants in a county in which a
any county, parish, or similar political sub-
comings in the administration proposal.
pattern of discrimination has been estab-
division of a State in which persons, acting
This Republican bill applies wherever dis-
lished to bypass local registrars, if they have
under color of law, administer the registra-
crimination exists. The administration's bill
reason to believe that they will be subjected
tion and voting laws of the State.
(e) The term "vote" shall have the same
and until the appropriation election officials
Attorney may forthwith apply to the district
meaning as in section 2004 of the Revised
shall have been notified that such person has
court for an order of contempt. Whoever,
Statutes (42 U.S.C.
been removed from such list in accordance
acting under color of law, fails or refuses to
SEC. 3. (a) Congress hereby finds that
with section 10. If challer ged, such person
permit a person to vote, notwithstanding
large numbers of United States citizens have
shall be entitled and allowed to vote provi-
his listing under this subsection, or fails or
been and are being denied the right to regis-
sionally with appropriate provision being
refuses to properly count such person's vote,
ter or to vote in various States on account
made for the impounding of their ballots,
or intimidates, threatens, or coerces, or at-
of race or color in violation of the Fifteenth
pending final determination by the hearing
tempts to intimidate, threaten, or coerce
Amendment.
officer and by the court.
such person for the purpose of preventing
(b) Congress further finds that literacy
(g) No person shall be entitled to vote in
such person from voting under the author-
tests have been and are being used in vari-
any election by virtue of the provisions of
ity of this Act shall be fined not more than
ous States and political subdivisions as a
this Act unless his name shall have been
$5,000, or imprisoned not more than five
means of discrimination on account of race
certified and transmitted on such list to the
years, or both.
or color. Congress further finds that persons
offices of the appropriate election officials at
(b) Whoever, acting under color of-law,
with a sixth grade education possess rea-
least forty-five days prior to such election.
within a year following an election in a
sonable literacy. comprehension and intelli-
SEC. 5. (a) A challenge to the factual find-
voting district in which an examiner has
gence and that, in fact, persons possessing
ings of the examiner, contained in the exam-
been appointed (1) destroys, defaces, mu-
such educational achievement have been and
iner's report, may be filed by the attorney
tilates, or otherwise alters the marking of a
are being denied or deprived of the right to
general of the State or by any other person
paper ballot cast in such election, or (2) al-
register or to vote for failure to satisfy lit-
who has received from the examiner a certi-
ters any record of voting in such election
eracy test requirements solely or primarily
fied list and report of persons found quali-
made by a voting machine or otherwise, shall
because of discrimination on account of race
fied to vote, as provided in section 4(d). A
be fined not more than $5,000, or imprisoned
or color.
challenge shall be heard and determined by
not more than five years, or both.
(c) Congress further finds that the re-
a hearing officer appointed by and responsi-
(c) The district courts of the United
quirements that persons as a prerequisite for
ble to the Civil Service Commission. Such
States shall have jurisdiction of proceedings
voting or registration for voting (1) possess
challenge shall be entertained only If made
instituted pursuant to this section and shall
good moral character unrelated to the com-
mission of A felony, or (2) prove their quali-
within ten days after the challenged person
exercise the same without regard to whether
fications by the voucher of registered voters
is listed, and if supported by the affidavit of
an applicant for listing under this Act shall
have exhausted any administrative or other
or members of any other class, have been and
at least two persons having personal knowl-
are being used as a means of discrimination
edge of the facts constituting grounds for
remedies that may be provided by law.
on account of race or color.
the challenge, and such challenge shall be
SEC. 9. Consistent with State law and the
(d) Congress further finds that where in
determined within seven days after it has
provisions of this Act, persons appearing be-
been made. A person's fulfillment of lit-
fore an examiner, shall make application in
any voting district twenty-five or more per-
sons have been denied or deprived. of the
eracy test requirements, if not disregarded by
such form as the Civil Service Commission
right to register or to vote, as determined in
the examiner as provided for in section 4(c),
may require. Also consistant with State law
section 6, there is established a pattern or
shall be determined solely on the basis of
and the provisions of this Act, the times,
answers included in the examiner's report.
places, and procedures for application and
practice of denial of the right to register or
(b) A petition for review of the decision
listing pursuant to this Act and removals
to vote on account of race or color.
SEC. 4. (a) Whenever the Attorney General
of the hearing officer may be filed in the
from eligibility lists shall be prescribed by
certifies to the Civil Service Commission (1)
United States Court of Appeals for the circuit
regulations promulgated by the Civil Service
Commission. The Commission shall, after
that he has received complaints in writing
in which the person challenged resides
from twenty-five or more residents of a vot-
within fifteen days after service of such deci-
consultation with the Attorney General, in-
sion by mail on the moving party, but no
struct examiners concerning the qualifica-
ing district each alleging that (1) the com-
plainant satisfies the voting qualifications of
decision of a hearing officer shall be over-
tions required for listing.
turned unless clearly erroneous. A chal-
(b) Notwithstanding time limitations as
the voting district, and (ii) the complainant
has been denied or deprived of the right to
lenge to a listing made in accordance with
may be established under State or local law,
this section shall not be the basis for a prose-
examiners shall make themselves available
register or to vote on account of race or color
within ninety days, and (2) that the At-
cution under any provisions of this Act.
every weekday in order to determine whether
persons are qualified to vote.
torney General believes such complaints to
SEC. 6. Upon determination by the hear-
SEC. 10. Any person whose name appears on
be meritorious, the Civil Service Commission
ing officer that twenty-five or more of those
a list, as provided in this Act, shall be en-
shall appoint an examiner for such voting
persons within the voting district, who have
titled and allowed to vote in the election dis-
district.
been placed on the list of eligible voters by
trict of his residence unless and until the ap-
(b) A certification by the Attorney General
the examiners, have been denied or deprived
propriate election officials shall have been
shall be final and effective upon publication
of the right to register or to vote and are
notified that such person has been removed
in the Federal Register.
qualified to vote, such determination shall
from such list. A person whose name appears
(c) The examiner shall examine those per-
establish a pattern or practice of denial of
on such a list shall be removed therefrom by
sons who have filed complaints certified by
the right to register or to vote on account
an examiner if (1) he has been succesfully
the Attorney General to determine (1)
of race or color. The establishment of a
challenged in accordance with the procedure
whether they were denied or deprived of the
pattern or practice by the hearing officer
prescribed in sections 5 and 7, or (2) he has
right to register or to vote within ninety
shall not be stayed pending final determina-
been determined by an examiner (a) not to
days, and (2) whether they are qualified to
tion by the court.
have voted or attempted to vote at least once
vote under State law. A person's statement
SEC. 7. (a) Upon establishment of a pat-
during four consecutive years while listed or
under oath shall be prima facie evidence as
tern or practice by the hearing officer, as
during such longer period as is allowed by
to his age, residence and his prior efforts
provided in section 6, the Civil Service Com-
State law without requiring reregistration, or
to register or otherwise qualify to vote. The
mission shall appoint additional examiners
(b) to have otherwise lost his eligibility to
examiner shall, in determining whether a
within the voting district as may be neces-
vote: Provided, however, That, in a State
person is qualified to vote under State law,
sary who shall determine whether persons
which requires reregistration within a period
disregard (1) any literacy test if such per-
within the voting district are qualified to
of time shorter than four years, the person
son has not been adjudged an incompetent
register and to vote. In determining wheth-
shall be required to reregister with an ex-
and has completed the sixth grade of educa-
er such persons are so qualified the exam-
aminer who shall apply the reregistration
tion in a public school in, or a private school
iners shall apply the same procedures and
methods and procedures of State law which
accredited by, any State or Territory, the
be subject to the same conditions imposed
are not inconsistent with the provisions of
District of Columbia, or the Commonwealth
upon the initial examiner under section
this Act.
of Puerto Rico, or (2) any requirement that
4(c), except that a person appearing be-
SEC. 11. Examiners, appointed by the Civil
such person, as a prerequisite for voting or
fore such examiner need not have first at-
Service Commission, shall be existing Fed-
registration for voting (1) possess good moral
tempted to apply to a State or local regis-
eral officers and employees who are residents
character unrelated to the Commission of a
tration official if he states, under oath, that
of the State in which the Attorney General
felony, or (ii) prove his qualifications by the
in his belief to have done so would have
has issued his certification. Examiners shall
voucher of registered voters or members of
been futile or would have jeopardized the
subscribe to the oath of office required by
any other class.
personal safety, employment, or economic
section 16 of title 5, United States Code. Ex-
(d) If the examiner finds that twenty-five
standing of himself, his family, or his prop-
aminers will serve without compensation in
or more of those persons within the voting
erty. Such examiner shall be in the same
addition to that received for such other serv-
district, who have filed complaints certified
manner as provided in section 4(d), certify
ice, but while engaged in the work as ex-
by the Attorney General, have been denied
and transmit lists of persons and any sup-
aminers shall be paid actual travel expenses,
the right to register or to vote and are qual-
plements as appropriate, at the end of each
and per diem in lieu of subsistence expenses
ified to vote under State law, he shall
month, to the office of the appropriate elec-
when away from their usual place of res-
promptly place them on a list of eligible
tion officials, the Attorney General, and the
idence, in accordance with the provisions of
voters, and shall certify and transmit such
attorney general of the State, together with
the Travel Expense Act of 1949, as amended.
list to the offices of the appropriate election
reports of their findings as to those persons
Examiners shall have the power to adminis-
officials, the Attorney General. and the at-
found qualified to vote.
ter oaths.
torney general of the State, together with a
(b) Persons placed on lists of eligible
SEC. 12. The provisions of this Act shall be
report of his findings as to those persons
voters by examiners shall have the right to
applied in a voting district until, within
whom he has found qualified to vote. For
vote in accordance with the provisions of
any twelve-month period, less than twenty-
those persons, possessing less than a sixth
sections 4(f) and 4(g).
five persons within the voting district have
grade education, the examiner shall ad-
(c) Challenges to the findings of the
been placed on lists of eligible voters by
minister a literacy test only in writing and
examiners shall be made in the same man-
examiners.
the answers to such test shall be included in
ner and under the same conditions as are
SEC. 13. (a) All cases of civil and criminal
the examiner's report. The examiner shall
provided in section 5.
contempt arising under the provisions of
issue to each person appearing on such a list
(d) The Civil Service Commission shall
this Act shall be governed by section 151 of
a certificate evidencing his eligibility to vote.
appoint and make available additional hear-
the Civil Rights Act of 1957 (42 U.S.C. 1995).
(e) A finding by the examiner that
ing officers within the voting district as may
(b) Any statement made to an examiner
twenty-five or more of those persons within
be necessary to hear and determine the chal-
may be the basis for a prosecution under sec-
a voting district, who have filed complaints
lenges under this section.
tion 1001 of title 18, United States Code.
certified by the Attorney General, have been
SEC. 8. (a) Whenever a person alleges to an
SEC. 14. There are hereby authorized to be
denied or deprived of the right to register
examiner within twenty-four hours after the
appropriated such sums as are necessary to
or to vote and that they are qualified to vote
closing of the polls that notwithstanding his
carry out the provisions of this Act.
shall create a presumption of a pattern or
listing under the provisions of this Act he
SEC. 15. If any provision of this Act or
practice of denial of the right to register or
has not been permitted to vote or that his
the application thereof to any person or cir-
to vote on account of race or color.
vote was not properly counted (or not
cumstances is held invalid, the remainder
(f) Unless challenged, according to the
counted subject to the impounding provi-
of the Act and the application of the provi-
provisions of section 5, any person who has
sion, as provided in this Act), the examiner
sion to other persons not similarly situated
been placed on a list of eligible voters shall
shall notify the United States Attorney for
or to other circumstances shall not be af-
be entitled and allowed to vote in any elec-
the judicial district such allegation, in his
fected thereby.
tion held within the voting district unless
opinion, appears to be well founded. Upon
receipt of such notification, the United States
FOR IMMEDIATE RELEASE
WASHINGTON, D. C. - APRIL 5, 1965
JOINT STATEMENT BY
HONORABLE GERALD M. FORD, AND
HONORABLE WILLIAM M. McCULLOCH
Later today we shall introduce a voting rights bill which is the product
of the effort of many Republicans in the House of Representatives.
This bill offers a comprehensive and effective remedy for the evil of dis-
franchisement of citizens because of race.
The voting rights bill which is written into law this year should
(1) effectively and speedily end the unconstitutional denial of the
right to vote anywhere in the United States
(2) terminate unreasonable standards for registration and voting without
interfering with the reasonable requirements established by the states
(3) terminate any discriminatory application of requirements for registra-
tion and voting
(4) avoid penalizing areas which are not guilt/ of discrimination.
Our bill accomplishes these objectives. The Administration bill does not.
We are taking this step because of the serious deficiencies of the Adminis-
tration bill on this subject. The defects of the Administration bill were obvious
from the beginning and they were pointed out by Republicans as soon as the
President made it available to the Congress. Testimony by virtually every witness
who has appeared before the Judiciary Committees of the House and Senate has
brought to light a long list of shortcomings in the Administration proposal.
This Republican bill applies wherever discrimination exists. The Adminis-
tration's bill applies only to a limited number of states which employ literacy
and other tests. The absolute exclusion of Texas from the coverage of this bill
has been widely noted.
The Republican bill does not penalize the innocent -- the states and
localities where discrimination does not exist. The Administration's bill
imposes undue burdens on areas such as Alaska and parts of Maine where discrimina-
tion is known not to exist.
The Republican bill is not limited by the straitjacket of an arbitrary
percentage formula. The Administration bill reaches only those states and their
subdivisions having literacy tests where less than 50% of its people registered
or voted in the 1964 general election. States or local communities coming within
this arbitrary formula may or may not be practicing discrimination. Low registra-
tion or voting may be equally credited to voter apathy -- especially in areas
where one political party predominates -- or to misleading census figures which
include persons who are non-residents (such as military personnel and college
students).
-2-
The Republican bill is comprehensive in scope and speedy in action. A
Federal examiner is appointed by the Civil Service Commission when the Attorney
General receives 25 or more complaints from residents of a county alleging denial
of the right to vote on account of race or color. The examiner immediately deter-
mines whether these persons are qualified to vote. Challenges by the state may be
made to a Federal hearing officer, appointed by the Civil Service Commission,
within 10 days, and the hearing officer must render his decision 7 days thereafter.
Determination by the hearing officer that 25 or more persons are denied
suffrage because of race or color establishes a pattern or practice of discrimina-
tion. Immediately thereafter, the Civil Service Commission shall appoint such
additional Federal examiners and hearing officers as necessary to register all
other persons within the county who may be subject to discrimination.
Our bill provides for an appeal of the hearing officer's decision to the
local Federal Court of Appeals if made within 15 days. All persons found qualified
to vote by the examiners shall be entitled to vote. Those who are challenged shall
vote provisionally until the appeal is decided by the hearing officer and the
court. Provisional voting will encourage a prompt determination of the appeal.
The Administration's bill provides exactly the same appeal procedure, except that
there is no authority for provisional voting.
Our bill provides that examiners shall disregard literacy test require-
ments for persons who possess a sixth grade education. But, Federal examiners
under this bill will apply to all other persons a state's liceracy test, provided
it is fair and non-discriminatory. The Administration's bill requires the complete
elimination of literacy tests in a few states or their subdivisions, caught in its
net, no matter how reasonable the tests or how fairly applied. At the same time,
the Administration's bill permits other states to enact literacy tests in the
future.
Our bill deals with the problem of physical and economic coercion and
intimidation. It permits registrants in a county in which a pattern of discrimi-
nation has been established to by-pass local registrars, if they have reason to
believe that they will be subjected to coercion and intimidation. In addition,
our bill provides for civil and criminal penalties against those officials who
engage in such coercion and intimidation. The Administration's bill contains
similar provisions except that the Attorney General must take affirmative action
to waive the requirement that a person first appear before a local registrar.
GERALO, FORD VIBRARY
-3-
Our bill does not overturn constitutional principles by requiring states
to establish their innocence. The Administration's bill does do this by presum-
ing a state or a political subdivision, covered by the bill, guilty of discrimi-
nation until it receives from a Federal Court in the District of Columbia a
declaratory judgment that it has not violated the Fifteenth Amendment in even
one instance in the past 10 years.
Our bill does not invalidate laws or ordinances of state and local govern-
ments in contraventions of established constitutional principles. The Administra-
tion's bill would require states and their political subdivisions, covered by
the bill, to come to a Federal Court for validation of their future laws and
ordinances relating to voting requirements. Such is required by the Administra-
tion's bill even though the laws and ordinances of the state or local community
have never been found to be discriminatory.
The Republican bill offers a constitutional, comprehensive, effective,
speedy remedy for the evil of disenfranchisement of any citizen because of race
or color. The Republican bill would eliminate voter discrimination quickly
and wherever it may exist.
WILLIAM M. McCULLOCH
COMMITTEE ON
REPRESENTATIVE TO CONGRESS
THE JUDICIARY
FOURTH DISTRICT OF OHIO
SELECT COMMITTEE ON
Congress of the United States
SMALL BUSINESS
House of Representatives
Mashington, D. C.
May 5, 1965
SUMMARY OF H.R. 7896 and H.R. 7897
The following is an analytic summary of the operation of the bill , to-
gether with brief commentary directed to the legal aspects of several of these pro-
visions. The bill is identical in substance to H.R. 7112 with the addition of a
voting frauds section (Sec. 14) and a provision for invalidating discriminatory
poll taxes (Sec. 15).
1. "Triggering" Provisions - Sections 4(a), 5, 6 and 7
The Attorney General receives written complaints from voters of a particular
political subdivision of a State, each of whom must allege (a) that he can satisfy
the voting qualifications of his voting district and (b) he has been denied the right
to register and vote on account of race or color. Upon certification by the Attorney
General that he has 25 or more meritorious complaints, the Civil Service Commission
appoints an examiner who determines whether each complainant is qualified to register
and vote under applicable State law (as applied by the examiner). The examiner's
finding that 25 or more complaints are meritorious creates the presumption of a
pattern or practice of denial of the right to vote on account of race or color. This
presumption becomes conclusive (and unassailable) if no challenge is made to. the ex-
aminer's finding within ten days. If a challenge is made, the Civil Service Com-
mission appoints a hearing officer who hears and determines the challenge within 7
days. A pattern or practice is deemed established if the hearing officer upholds
the examiner's finding as to 25 or more complaints. In such case, appeal may be
taken from the hearing officer's determination to the Federal Circuit Court of
Appeals for the circuit in which the person challenged resides. But such an appeal
does not stay or delay the operation of the so-called "listing" provisions of the
Act, whereunder other eligible voters in the district where the pattern or practice
has been established may apply to be placed on eligible voter lists by the examiner
(and other examiners appointed as necessary).
2. Application of State Laws - Section 4 (c)
In assessing the qualifications under State law of both complainants and
subsequent applicants for registration, the examiner disregards (1) any requirements
- 2 -
of good moral character unrelated to commission of a felony and (2) any requirement
that an applicant prove his qualifications by the voucher of registered voters or
members of any other class of citizens. If there is a literacy test requirement, the
examiner disregards it as to those complainants/applicants who have completed sixth
grade. As to those of below sixth grade achievement, the examiner applies the State
test in writing, including the results of the test in a required report. Qualifi-
cation under the test may not be reviewed on other than these written answers.
3. Listing Procedures - Sections 4(d), 8(d) and (e)
Upon ascertaining that a complainant or applicant is qualified to vote, the
examiner (a) places him on a list of eligible voters which he serves upon the speci-
listed persons' quali-
fied State officials and the Attorney General together with his report on /
fications; and (b) issues the listed person a certificate evidencing eligibility to
vote. At this point the person so listed is eligible to vote, and so remains unless
removed from the lists under the procedures in Section 10. If a challenge follows
service of the list, the person listed may still cast his vote, which is then
impounded subject to resolution of the challenge.
4. Enforcement - Section 13
Upon receipt of allegations within 24 hours of the closing of the polls that
a listed person has not been allowed to vote, or that his vote was not properly counted,
the United States Attorney of the judicial district may apply to the District Court
appropriate
for injunctive relief and / orders to assure an election not inconsistent with the
provisions of this Act.
Criminal penalties are imposed for interference at any
time with persons seeking to register and vote under provisions of the Act and Federal
appointees discharging their duties under the Act.
5. Interference with Elections - Section 14
Criminal penalties are provided for three classes of criminal acts: (a) failing
or refusing to permit voting or to properly count and report votes; (b) intimidating or
coercing persons to prevent their registry or voting, or intimidating or coercing per-
sons to prevent their encouraging or aiding others to vote; and (c) giving false in-
formation for the purposes of establishing eligibility to register and vote, or offering
to pay, paying, or accepting payment to register or to vote.
6. Poll Tax - Section 15
Where a poll tax is in effect in a State or political subdivision, the Attorney
General is made n proper party to bring a suit to suspend enforcement of or to invali-
date such tax, where it is used as a device to deny or abridge the right to vote on
account of race or color. 2/ Section 15 requires that the action be heard by a three-
judge court with appeal therefrom to the Supreme Court.
1/
Provisions of this bill allowing a limited application of an existing
literacy test are not designed to interfere with the present power of the
Attorney General to bring a suit to enjoin the use of the literacy test,
or have such test invalidated where such test is used to deprive a person
or persons of the right to vote. 42 U.S.C. 1971 (c); Louisiana V. United
States, 33 L. Week 4262, March 8, 1965.
In such a suit, upon a proper showing by the Attorney General, appro-
priate preliminary relief would be available pendente lite. Effects of an
offensive test might thus be temporarily restrained or preliminarily en-
joined either to prevent irreparable injury to the voters, or to preserve
the court's jurisdiction. Cf. 28 U.S.C. 1651. A court might well fashion
an order that would allow voters excluded by the test to cast their ballots,
the ballots then to be impounded pending resolution of the suit. See also
the District Court's decree in Louisiana V. United States, supra.
2/
As the Attorney General observed in Committee, the extent of change to present
law afforded by this section is largely procedural: it is designed to facili-
tate and expedite Supreme Court review of State poll tax laws. It is at least
arguable that under present law a suit could be brought under provision of
28 U.S.C. 1971 (as in f.n. 1, supra) where the tax is employed as a device
to interfere with the right to vote.
STATEMENT BY REP. GERALD R. FORD, HOUSE REPUBLICAN LEADER
ON VOTING RIGHTS BILL
July 9, 1965
After making every effort to improve the voting rights
bill, I voted for the final passage to achieve at least one
step toward guaranteeing every qualified citizen the privilege
of balloting.
The Republican approach offered a comprehensive and
effective way to eliminate voter discrimination quickly and
wherever it exists.
The Republican solution was sound. The Democrat version
falls short of these objectives, but action was required.
#
#
#
#
STATEMENT BY REP. GERALD R. FORD, HOUSE REPUBLICAN LEADER
ON VOTING RIGHTS BILL
July 9, 1965
After making every effort to improve the voting rights
bill, I voted for the final passage to achieve at least one
step toward guaranteeing every qualified citizen the privilege
of balloting.
The Republican approach offered a comprehensive and
effective way to eliminate voter discrimination quickly and
wherever it exists.
The Republican solution was sound. The Democrat version
falls short of these objectives, but action was required.
#
#
#
LIBRARY GERALD
STMI. VOTING RIGHTS LEGIS 165
JOINT STATEMENT
by
Representative Gerald R. Ford, Republican Floor Leader, and
Representative Wm. McCulloch, Ranking Republican Member of Committee on the Judiciary
July 12, 1965
The President's political instincts got the better of his sense of
fairness and his sense of history when he accused House Republicans of seeking to
dilute the Voting Rights Bill.
The President is obviously sensitive to his own "Lyndon-come-lately"
Congressional record on civil rights.
The President is embarrassed by the failure of the Johnson Administration
to support the honest elections provision in either the Senate or House version of
the Voting Rights Bill.
Will the President tell the people:
1) Why Texas was not covered under his initial Voting Rights Bill
and is not effectiv covered now?
2) Why vote frauds and dishonest elections, such as have occurred in
Chicago and Texas were not covered under his proposal?
3) Why should not the right to vote be protected equally in every
state, not just in 7 states?
4) Why should any area be exempted after only 50 percent of the
Negroes are permitted to vote?
5) Why should challenged votes be counted and if found invalid be used
possibly to determine the outcome of an election, including the
election of a President?
The Ford-McCulloch Bill effectively meets all of these problems. The
President's proposal ignorediall these vices and defects. The Ford-McCulloch Bill
was more comprehensive, more e fective, and more equitable than the Administration
Bill.
From 1940 through 1960 a member of the House and the Senate, Lyndon
Johnson voted against civil rights on 78 percent of 50 meaningful roll call votes.
Before 1957, he voted against civil rights 100 percent.
Lyndon Johnson's public statements were consistent with his voting record.
In Austin, Texas on May 22, 1948, he said,
This civil rights program, about which you have heard so much
is a farce and a sham--an effort to set up a police state in the guise
of liberty. I am opposed to that program. I fought it in Congress.
It is the province of the state to run its own elections.
[more]
Joint Statement
Ford-McCulloch
Page 2
July 12, 1965
Republicans disagreed with him then and have consistently disagreed with
that philosophy ever since.
The President embraces a form of consensus which in effect says, "I'm
right. Everyone else is wrong. I'm for good; you're for evil." He tolerates no
constructive differences of opinion. As such, he is a dangerous advocate of
one-party government in this country.
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U. S. HOUSE
OF REPRESENTATIVES
REPUBLICAN POLICY
COMMITTEE
REP. JOHN J. RHODES, (R.-ARIZ.) CHAIRMAN
1616 LONGWORTH HOUSE OFFICE BUILDING
TELEPHONE 225-6168
10
91st Congress
June 2, 1970
Second Session
Statement Number 7
HOUSE REPUBLICAN POLICY COMMITTEE STATEMENT ON VOTING RIGHTS LEGISLATION
"We propose.
to establish a nationwide, uniform voting period for
Presidential elections, and recommend that the states remove unreason-
able requirements, residence and otherwise, for voting in Presidential
elections.
In recognition of the abilities of these younger citizens, their desire
to participate, and their service in the nation's defense, we believe
that lower age groups should be accorded the right to vote."
Republican Platform, 1968
Throughout history, Republicans have fought to bring to every citizen full
participation in the process by which his government is elected. That a govern-
ment of the people cannot function for the people unless it be by the people is
a Republican principle as old as the party itself.
The Voting Rights Act of 1965 was enacted to make effective the
constitutional guarantee that no American's right to vote should be denied because
of his race or color. The Act provided special additional remedies, applicable
in selected geographic areas, which have been undeniably successful in effectuating
the right to vote for hundreds of thousands of Americans.
Currently there are before the Congress legislative proposals to expand
the use of these remedies to all parts of the Nation in order to provide relief
against discrimination wherever it may occur. Under consideration is legislation
to suspend nationwide the use of literacy tests in the determination of voter
eligibility, to provide nationwide modern and uniform residency requirements
(over)
-2-
for Presidential elections, to facilitate judicial action nationwide to prevent
discriminatory practices and to prevent discriminatory voting laws, to launch
a nationwide study of practices which abridge voting rights, and to accord to
young people between the ages of 18 and 21 the opportunity to vote.
The House Republican Policy Committee strongly supports legislative
proposals to protect and expand the voting rights of all citizens, whatever
their race or color, wherever they live. We urge that forward-looking revisions
or our electoral process be approved.
Constitutional doubts have been expressed about the power of the
Congress to lower the voting age by statute. Since it is quite possible that
the enactment of such a statute could cloud subsequent elections and since the
judicial invalidation of such a statute would further frustrate our youth and
delay a final determination of the matter, the House Republican Policy
Committee would prefer that the proper voting age be established by Constitutional
amendment.