Rep. Nadler Examines Voting Rights Section of Justice Department

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties today held an oversight hearing on the Voting Section of the Civil Rights Division of the Department of Justice.  The hearing, initially scheduled in July, was postponed when the Department refused to make Voting Section Chief John Tanner available to testify.

“The right to vote is the foundation of all our liberties,” said Rep. Nadler.  “That cornerstone of American democracy must be zealously defended by the Department of Justice.  Existing laws protecting voters from discrimination on the basis of race, language or disability guarantee the right to vote only when the Justice Department enforces them without regard to political considerations.  It appears, however, that this Justice Department may not have lived up to its mandate.  The Subcommittee will look at serious concerns that have been raised about the politicization of the Section’s work.”

The hearing will evaluate the enforcement record of the Voting Section of the Civil Rights Division.  The Subcommittee will assess the Section’s progress in accomplishing its mission to end discrimination in voting and to enhance voting opportunities for every American.  This hearing will also present an opportunity for lawmakers to examine the allocation of federal resources devoted toward eradicating obstacles to the right to vote.

Specifically, the hearing will examine the Section’s record in enforcing several key civil rights laws, including the Voting Rights Act, the Help America Vote Act and the National Voter Registration Act.  Rep. Nadler noted that under the Bush Administration, there have been persistent allegations that the Civil Rights Division has strayed from its mission to protect individuals from discrimination.  

On several occasions, political appointees in the Section have ignored the recommendations of career staff attorneys and approved procedures that undermined the right to vote.  Also, compared to previous Administrations, the Voting Section has also filed substantially fewer suits challenging voting practices and procedures that may discriminate on the basis of race, color, or membership in a language minority group.  The Bush Administration has also been filling the Section’s permanent ranks with lawyers who have strong conservative credentials but little experience in civil rights.