HomeMy WebLinkAbout55A - RESO - CIVIL RIGHTS ACTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 7, 2015
TITLE:
RESOLUTION CALLING ON CONGRESS TO
UPDATE SECTION 4 OF THE CIVIL RIGHTS ACT
{STRATEGIC PLAN NO. 5, 1 E}
CITY MANAqSR
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 1 51 Reading
❑
Ordinance on 2 1a Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution calling on Congress to update Section 4 of the Civil Rights Act to enable the
Department of Justice to review changes in voting laws that threaten the ability of citizens to cast a
ballot for candidates of their choice.
DISCUSSION
The National Association of Latino Elected and Appointed Officials ( NALEO) Educational Fund is
calling on Congress to pass a bill to restore the strength of the Voting Rights Act (VRA).
The Voting Rights Act (VRA) was signed into law by President Lyndon B. Johnson on August, 6,
1965. The purpose of the VRA was to counter states' efforts to disenfranchise select groups of
voters and to prohibit racial discrimination in voting. Since the initial passage of the Voting Rights
Act in 1965, Congress has acted five times to expand the protections afforded by its provisions.
The VRA was significantly weakened in 2013 when the Supreme Court ruled in Shelby County v.
Holder that one of its central provisions (a process called "preclearance ") could no longer be
enforced.
Nearly seven million Latinos eligible to vote residing in jurisdictions that were previously subject to
preclearance pre - Shelby County have lost proactive protections under the VRA. A NALEO
Educational Fund report released in 2014 found that legislation similar to the recently introduced
Voting Rights Amendment Act (HR 885) would restore protections to more than 4.5 million, or
nearly two - thirds, of those Latinos residing in jurisdictions that were previously subject to
preclearance. Without the Voting Rights Act in effect, millions of Americans may face
discrimination on the basis of race or socioeconomic status.
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Resolution Calling on Congress to
Update Section 4 of the Civil Rights Act
April 7, 2015
Page 2
This year, the nation will celebrate the 50th Anniversary of the signing of the Voting Rights Act.
The City believes that Congress should use this time to renew its commitment to protecting
Americans from suppressive tactics aimed at disenfranchising eligible voters.
STRATEGIC PLAN
Approval of this item supports the City's efforts to meet Goal # 5 Community Health, Livability,
Engagement & Sustainability, Objective # 1 (establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities), Strategy E (implement creative and
innovative methods to increase voter participation during future election year (e.g. voter
registration, mobile polling, polling station in city hall, partnering with the Orage County Registrars
Office, etc.).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit 1: Resolution
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Jxs04 /01/15
RESOLUTION NO.2015 -XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING ON CONGRESS TO UPDATE
SECTION 4 OF THE VOTING RIGHTS ACT
WHEREAS, the Voting Rights Act was signed into law by Congress and President
Lyndon B. Johnson in 1965, effectively banning racial discrimination in voting practices
by the federal government as well as state and local governments; and
WHEREAS, the Voting Rights Act was a groundbreaking civil rights legislation which
ensured that millions of Americans would be given equal access to the ballot, thus
guaranteeing that millions of minority voters would have their voices heard and votes
counted; and
WHEREAS, on June 25t', 2013, the U.S. Supreme Court ruled in Shelby County vs.
Holder, that Section 4 (b) of the Voting Rights Act, the formula used to determine
"covered jurisdictions" that must submit any changes in voting procedure to federal
authorities for pre - clearance, is unconstitutional; and
WHEREAS, the "covered jurisdictions' consisting of Alabama, Alaska, Arizona,
Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia will be free to
change their voting laws without federal pre - clearance; and
WHEREAS, by striking down Section 4 (b) of the Voting Rights Act, there is no longer a
mechanism in place to prevent states with a history of voter disenfranchisement based
on race or ethnicity from enacting discriminatory laws; and
WHEREAS, by striking down Section 4 (b) of the Voting Rights Act, there is no longer a
mechanism in place to prevent states from passing discriminatory laws that will unfairly
target racial and ethnic minority voters; and
WHEREAS, these discriminatory practices are carried out in various forms, including,
but not limited to, proof of citizenship for voter registration, restrictive voter ID
requirements, voter purges, and discriminatory redistricting; and
WHEREAS, until Congress acts to create a new formula, no jurisdictions are required to
obtain pre - clearance from the federal government for any changes to election laws or
procedures, thereby allowing the voting rights of millions of Americans to be put at risk;
and
Resolution No. 2015 -xxx
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WHEREAS, the City of Santa Ana is home to a diverse community and is against all
forms of discrimination in voter laws:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana
urges Congress to restore the Voting Rights Act, specifically, the pre - clearance
requirements for those jurisdictions that have a history of enacting discriminatory laws.
ADOPTED this day of , 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose
stant City Attorney
Miguel A. Pulido
Mayor
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Resolution No. 2015 -xxx
Page 2 of 3
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2015 -XXX to be an original resolution adopted by the City Council of the
City of Santa Ana on
Date:
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Maria D. Huizar
Clerk of Council
City of Santa Ana
Resolution No. 2015 -xxx
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