Congressman Elijah E. Cummings
Proudly Representing Maryland's 7th District

(3/18/06 Baltimore AFRO-American Newspaper)

Democracy in America

by Congressman Elijah E. Cummings

There is an incessant rumor floating around the African American community that we will lose our right to vote in 2007. This is simply not true.

Voting is a fundamental aspect of our democracy.

In the abstract, the right of African Americans to vote and have our votes fairly counted is protected by the 15th Amendment to the Constitution of the United States. Until 1965, and the enactment of the federal Voting Rights Act, however, this fundamental right was all too often denied.

African Americans were often beaten or killed simply for trying to register. Our parents and grandparents were subjected to poll taxes and rigorous literacy tests that were not imposed upon Caucasians.

All of this is why the Voting Rights Act of 1965 is often called the most important civil rights achievement in our nation's history. I would have to agree.

During the 40 years since its initial enactment, the Voting Rights Act has encouraged a dramatic increase in the voting power of African Americans and other Americans of color. Likewise, the number of African American elected officials has grown - from just a handful in 1965 to more than 9,000 today.

While there were fewer than 10 members of the Congressional Black Caucus in 1965, we now number 43.

This federal legislation, signed into law by President Lyndon B. Johnson, outlawed many of the barriers to universal suffrage. Since this time, Americans of every ethnic background have found strength in the promise of the Voting Rights Act. In addition to some of its protections that apply nation-wide, the Act also required states and localities with a documented history of suppressing minority voting to obtain federal approval before enacting new election laws (a process known as "pre-clearance").

The rumor that African Americans' right to vote will expire likely derives from the fact that certain provisions of the Act are required to be reauthorized in 2007. It is important to emphasize that the right to vote will not be lost if the "temporary provisions" of the federal Voting Rights Act are not extended before 2007. Nevertheless, we cannot yet conclude that the protections and oversight provided by the Act are no longer required.

Consider just two recent examples where the Voting Rights Act was essential to protecting America's most fundamental democratic principle.

In South Dakota, Shannon and Todd Counties are subject to the Act's "pre-clearance" requirement. A three judge federal panel recently ruled that the state must redraw its state legislative district boundaries to give Native American voters living on the Yankton Reservation more of a say in the choice of their local representatives.

In the fishing community of Bayou LaBatre, Alabama, a U.S. Department of Justice investigation found challenges to an Asian-American candidate to be racially motivated. The law protected his right to run for election. Because of the protections granted in the Voting Rights Act, today, this candidate, Mr. Phuong Tan Huynh, is an elected Member of the City Council.

These illustrations demonstrate that the Voting Rights Act remains a powerful tool for justice - and not only for African Americans.

For us, however, the provisions are essential - as we have rediscovered during the current civil rights struggle in the State of Georgia.

The Georgia Legislature and Governor passed a state law requiring everyone to purchase and show a government-issued photo identification card before being permitted to vote. Civil rights organizations challenged this requirement as an illegal "poll tax," because of the fee required to pay for the photo identification.

Career attorneys in the Civil Rights Division of the U.S. Department of Justice concluded that the Georgia requirement was likely not legal. They were overruled, however, by political appointees within the Bush Administration.

Then, the civil rights organizations took the matter to federal court. A United States District Judge agreed that the civil rights advocates were likely to prevail on their "poll tax" claim under the Voting Rights Act. He issued an injunction against enforcement of the new law.

Appeals continue, but it appears that the civil rights advocates have won. The State of Georgia has agreed to issue the identification cards for free.

The example of the Georgia identification requirement reveals, sadly, that race still matters in American politics. The Georgia case also makes it clear that the protections offered by of the Voting Rights Act are advanced most effectively by the requirements of Sections 4 & 5 that are up for "renewal" by the Congress this year.

The continuation of these protections is important - but, in light of the challenges to voting that we now face, it is no longer sufficient.

As we saw in the 2000 and 2004 presidential elections, millions of Americans were denied their right to vote because of inconsistent state voter registration laws, inefficient voter equipment, and, in many instances, subjective oversight at the polls. Voter intimidation was also prevalent in many areas.

Now is the time to strengthen our most fundamental democratic guarantee.

We cannot be satisfied as long as any American in Florida or Ohio cannot vote - or as long as any Americans, anywhere, believe that they have nothing for which to vote.

For elected officials and citizens alike, protecting our right to vote should not be a partisan issue. Neither Blue nor Red, our right to vote is the most "red, white and blue" issue of all.

As our troops fight to support the establishment of democratic governments in Iraq and Afghanistan, we must not forget our own challenges to protect democracy here at home.

This is our time - and our opportunity - to foster the growth of democracy in America.

-The Honorable Elijah E. Cummings represents the 7th Congressional District of Maryland in the United States House of Representatives.

RETURN TO ARTICLES / COLUMNS