California Legislature—2013–14 Regular Session

Assembly Joint ResolutionNo. 15


Introduced by Assembly Member Alejo

March 6, 2013


Assembly Joint Resolution No. 15—Relative to the Voting Rights Act of 1965.

LEGISLATIVE COUNSEL’S DIGEST

AJR 15, as introduced, Alejo. Voting Rights Act of 1965.

This measure would urge the Supreme Court of the United States to affirm the constitutionality of Section 5 of the Voting Rights Act of 1965.

Fiscal committee: no.

P1    1WHEREAS, Political sovereignty is the cornerstone of the
2democratic process in our country; and

3WHEREAS, The remedy and redress of grievances against the
4government is ensured through the election of representatives who
5voice the concerns of the public; and

6WHEREAS, The right to vote is a fundamental right of citizens
7of the United States and is the most important of civic rights and
8obligations; and

9WHEREAS, The political sovereignty of our country is
10jeopardized when eligible people fail to vote; and

11WHEREAS, American democracy is strengthened when we
12create and maintain voting systems that ensure the ability of all
13citizens to practice civic engagement by taking part in elections;
14and

P2    1WHEREAS, Voter discrimination based on race is not a thing
2of the past but a current reality that persists in places such as
3Monterey County, where discriminatory voting procedures have
4raised concerns as recently as 2002 and 2004; and

5WHEREAS, The Fifteenth Amendment to the United States
6Constitution ensures that the right of citizens of the United States
7to vote is not denied on account of race or color; and

8WHEREAS, The Fifteenth Amendment to the United States
9Constitution grants the Congress of the United States the authority
10to protect the right to vote; and

11WHEREAS, The Congress of the United States has exercised
12its authority to protect the right to vote by passing landmark
13legislation of the civil rights era known as the Voting Rights Act
14of 1965 that seeks to abolish discriminatory procedures and barriers
15that disenfranchise minority voters; and

16WHEREAS, Section 5 of the Voting Rights Act of 1965 has
17contributed to the immense progress in protecting and expanding
18the right to vote over the past few decades by ensuring that state
19and local election practices are just and fair; and

20WHEREAS, Section 5 of the Voting Rights Act of 1965 has
21played, and continues to play, a critical role in preventing and
22addressing real threats to the right to vote of all Americans; and

23WHEREAS, Section 5 of the Voting Rights Act of 1965 allows
24for adjustments as conditions change and is justified by the ongoing
25disproportionate enactment of discriminatory voting policies in
26the presently affected jurisdictions; and

27WHEREAS, The Voting Rights Act of 1965 is a reflection of
28the assurance provided by the United States Constitution that all
29Americans have the right to vote without facing discrimination,
30poll taxes, and other abuses; and

31WHEREAS, The Congress of the United States has, time and
32again, reaffirmed the need for protection against abuses that might
33curtail the right to vote by renewing Section 5 of the Voting Rights
34Act of 1965; and

35WHEREAS, Section 5 of the Voting Rights Act of 1965 is
36currently under review by the Supreme Court of the United States;
37now, therefore, be it

38Resolved by the Assembly and the Senate of the State of
39California, jointly,
That the Legislature hereby urges the Supreme
40Court of the United States to affirm, as it has done on several
P3    1occasions since 1965, the clear constitutionality of Section 5 of
2the Voting Rights Act of 1965, which provides fundamental
3protections to the right of each citizen of the United States to vote
4and to have his or her vote counted; and be it further

5Resolved, That the Chief Clerk of the Assembly transmit copies
6of this resolution to the Supreme Court of the United States, the
7President of the United States, the Congress of the United States,
8the United States Department of Justice, and the author for
9appropriate distribution.



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