Press Releases

Today, senior Democrats on the House Judiciary Committee and the chairs of the Congressional Black Caucus (CBC), Congressional Hispanic Caucus (CHC), Congressional Asian Pacific American Caucus, and the Congressional Progressive Caucus (CPC) issued a letter to Attorney General Loretta Lynch asking the Department of Justice to review the impact of recently implanted voting restrictions across the country on primary elections.

On Tuesday, April 5, Arizonians experienced abnormally longer lines at polling stations in order to cast their vote in Maricopa County, the most populous county in the state.   Several allegations have also been made that there was disproportionate waiting times for minority voters. Department of Justice officials have opened an investigation into whether civil rights were violated.

In the letter, the Members request, “…that the Civil Rights Division review the impact of recently implemented voting restrictions on primary elections to determine whether the Department should implement additional monitoring programs in preparation for the November general election.”

The number of polling stations in Maricopa County, which is more than 40 percent minority, has been reduced by seventy percent, from 200 to 60 locations since the last presidential election in 2012.

 “During the North Carolina primary election on March 15, voters waited for up to four hours at inner-city polling places to cast their votes. The number of provisional ballots cast last month in the North Carolina presidential primary was almost double the number of provisional ballots cast in 2012,” said the lawmakers. “These are warning signs that we cannot, and should not, ignore. These incidents raise serious constitutional concerns under both the Equal Protection Clause of the Fourteenth Amendment and the Fifteenth Amendment.”

After the Supreme Court decision in Shelby v. Holder removed the preclearance requirement of Section V of the Voting Rights Act in 2013, we have seen an increase in the number of restrictive voting laws. The Brennan Center for Justice reports that, since 2010, twenty-one states have passed restrictive voting laws. The enforcement of many of these laws disproportionately impacts low-income, minority, student, and elderly voters.

The letter, spearheaded by House Judiciary Ranking Member John Conyers (D-MI), is signed by Ranking Member on the Constitution and Civil Justice Subcommittee Steve Cohen (D-TN); Ranking Member on the Crime Homeland Security, and Investigations Subcommittee Sheila Jackson Lee (D-TX); Rep. Judy Chu (D-CA), Chair of the Congressional Asian Pacific American Caucus; Rep. G.K. Butterfield (D-NC), Chair of the Congressional Black Caucus; Rep. Linda Sanchez (D-CA), Chair of the Congressional Hispanic Caucus; and Reps. Raul Grijalva (D-AZ) and Keith Ellison (D-MN), Co-Chairs of the Congressional Progressive Caucus.

A full copy of the letter to Attorney General Loretta Lynch is available here. Text of the letter is below.

April 12, 2016

The Honorable Loretta Lynch

Attorney General

Department of Justice

950 Pennsylvania Ave. NW

Washington, D.C. 20530

Dear Attorney General Lynch:

As you are well aware, this November, 17 states will have new voting restrictions in place for the first time in a presidential election. Though the impact of these restrictions in several states has been widely reported in the media, we are concerned that their impact may have escaped scrutiny in other states. We, therefore, request that the Civil Rights Division review the impact of recently implemented voting restrictions on primary elections to determine whether the Department should implement additional monitoring programs in preparation for the November general election.

As concerned Members of Congress, we applaud the announcement that the Department of Justice is investigating the Arizona presidential primary elections in Maricopa County. Reports concerning the Arizona primary elections have described excessive waiting lines in excess of 5-hours for voters, and reports that a substantial number of Arizonans, “genuinely felt disenfranchised,” and never cast a vote due to the long waiting lines. Furthermore, it is concerning that the number of polling places in Maricopa County, the most populous county in the state which is more than 40 percent minority, has been reduced by seventy percent, from 200 to 60 locations since the last presidential election in 2012.

Our concerns, however, are not exclusive to the catastrophe in Maricopa County. During the North Carolina primary election on March 15, voters waited for up to four hours at inner-city polling places to cast their votes. The number of provisional ballots cast last month in the North Carolina presidential primary was almost double the number of provisional ballots cast in 2012. These are warning signs that we cannot, and should not, ignore. These incidents raise serious constitutional concerns under both the Equal Protection Clause of the Fourteenth Amendment and the Fifteenth Amendment. We are also concerned that these prohibitions and county-wide decisions may violate the spirit and the letter of the Voting Rights Act of 1965, the Help America Vote Act, and the National Voter Registration Act.

After the Supreme Court decision in Shelby v. Holder removed the preclearance requirement of Section V of the Voting Rights Act in 2013, we have seen an increase in the number of restrictive voting laws. The North Carolina state legislature passed a series of voting restrictions almost immediately after the Supreme Court decision including the elimination of same-day registration, a reduced early voting period, and instituted a photo ID requirement among other restrictions. In Arizona, state officials approved a law that would make it a felony for volunteers to turn in a person’s valid, sealed, and signed early ballot.

The Brennan Center for Justice reports that, since 2010, twenty-one states have passed restrictive voting laws. The enforcement of many of these laws disproportionately impacts low-income, minority, student, and elderly voters. For example, many African American and Hispanic voters were more likely to take advantage of early voting opportunities and register to vote through the types of voter registration drives now curtailed or eliminated by the new laws. And in Arizona, many Native Americans may be unable to obtain and submit the necessary documentation to cast their votes.

The right to vote is the foundation of all other rights in a democracy. We respectfully urge the Civil Rights Division in the Department of Justice to review the impact of all recently implemented voting restrictions on the primary elections to ensure that this right is fully protected in preparation for the general election.

Sincerely,