Program Success Magazine August 2010 | Page 30

PAGE 30 PROGRAM SUCCESS – AUGUST 2010 VOTER RIGHTS continued from page 7 As you may recall, my election to Congress in 1992 was made possible because a federal court held that the previous district plan violated Article I, § 2 of the United States Constitution, the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, the one person, one vote principle, and the Voting Rights Act. (See DeGrandy v. Wetherell, 794 F. Supp. 1076 (N.D. Fla 1992).) In 1996, the district was challenged as racially gerrymandered, was redrawn and has remained relatively intact since then despite challenges. (See Johnson v. Mortham, 950 F. Supp. 1117 (N.D. Fla 1996). In other words, even though the district as it stands was not specifically designed to favor any particular race, the communities of interest it contains affords minorities the opportunity to elect their preferred candidate, as they have done consistently for nearly twenty years. Therefore, the residents of my district are entitled to the protections of the Voting Rights Act and I joined this lawsuit because Amendments Five and Six threaten those protections. Under the proposed amendments, districts cannot be drawn with the intent to favor or disfavor an incumbent or a party. Furthermore, districts must be compact and utilize existing political and geographical boundaries. The amendments Congresswoman Corrine Brown and Congressman John Lewis with Darryl and Gwen Barrs, Publishers of the Program Success Magazine attempt to incorporate language from the VRA by stating that boundaries cannot be drawn in ways that deny or abridge the equal opportunity of minorities to participate in the political process or diminish their ability to elect representatives of their choice. That language will prove to be a smokescreen. Due to the history of legalized racism in Florida and the settlement patterns it produced, however, all these goals cannot be met. In order to preserve the ability of minority voters to elect their candidates of choice, districts must be drawn in a way that recognizes where minorities live and accounts for the person or party voters have actually chosen in the past. If the legislature ignored incumbency or party and drew lines by county or some other geographic feature, minority voters would be dispersed and their voting power submerged – a clear violation of the Voting Rights Act and the 15th Amendment. Under § 2 of the VRA, violations can be proved by showing discriminatory effect alone – intent is not relevant. (See Thornburg v. Gingles, 478 U.S. 30 (1986). While this argument may seem simplistic, this so-called reform really does break down to the proponents wanting to have it both ways: they claim to preserve minority voting rights and at the same time create districts that follow arbitrary geographical boundaries. Unfortunately, because discrimination produced a widely dispersed minority population, both goals cannot be achieved. The VRA and Constitution make the choice clear: the ability of minorities to elect their preferred candidates of choice must be preserved. One goal of the Voting Rights Act was remediation of past discrimination and the legal rights of many, many residents of the 3rd District to elect a person of their choice would be violated if this intent were ignored in favor of districts that look better on a map. I am sure you recall that before 1992, the last African American from Florida in Congress was Josiah Walls of Gainesville, who lost his seat in 1876. We must not return to the time when our voice cannot be heard and I will do everything in my power to prevent that from happening.