ENDING DISENFRANCHISEMENT IN THE DISTRICT OF COLUMBIA
WHEREAS, the National Black Caucus of State Legislators (NBCSL) has long sought equal voting rights for the District of Columbia and recognized its council as members of our organization, including passing resolution LJE-09-17 Voting Rights for the District of Columbia;
WHEREAS, the people living on the land that would eventually be designated as the District of Columbia were provided the right to vote for representation in Congress when the United States Constitution was ratified in 1788;
WHEREAS, the passage of the Organic Act of 1801 placed the District of Columbia under the exclusive authority of the United States Congress and abolished residents’ right to vote for members of Congress and the President and Vice President of the United States; and
WHEREAS, residents of the District of Columbia were granted the right to vote for the President and Vice President through the passage of the Twenty–Third Amendment to the United States Constitution in 1961;
WHEREAS, as of 2020, the U.S. Census Bureau data estimates that the District of Columbia’s population at approximately 689,545 residents is comparable to the populations of Wyoming (576,851), Vermont (643,077), Alaska (733,391), and North Dakota (779,094);
WHEREAS, residents of the District of Columbia share all the responsibilities of United States citizenship, including paying more federal taxes than residents of 22 states, serving on federal juries, and defending the United States as members of the United States armed forces in every war since the War for Independence; yet, they are denied full voting representation in Congress;
WHEREAS, the residents of the District of Columbia themselves have endorsed statehood for the District of Columbia and passed a District-wide referendum on November 8, 2016, which favored statehood by 86%;
WHEREAS, no other democratic nation denies the right of self–government, including participation in its national legislature, to the residents of its capital;
WHEREAS, the residents of the District of Columbia lack full democracy, equality, and citizenship enjoyed by the residents of the 50 states;
WHEREAS, the United States Congress has interfered repeatedly with the District of Columbia’s limited self–government by enacting laws that affect the District of Columbia’s expenditure of its locally-raised tax revenue; this includes barring the usage of locally-raised revenue, thus violating the fundamental principle that states and local governments are best suited to enact legislation that represents the will of their citizens;
WHEREAS, although the District of Columbia has passed consecutive balanced budgets since FY 1997, it still faces the possibility of being shut down yearly because of Congressional deliberations over the federal budget;
WHEREAS, in the 117th Congress, District of Columbia Delegate Eleanor Holmes Norton and Delaware U.S. Senator Tom Carper introduced H.R. 51 and S. 51, the Washington, D.C. Admission Act, that provides that the State of Washington, D.C. would have all the rights of citizenship as taxpaying American citizens, including two Senators and at least one House member; and
WHEREAS, The United Nations Human Rights Committee has called on the United States Congress to address the District of Columbia’s lack of political equality, and the Organization of American States has declared the disenfranchisement of the District of Columbia residents a violation of its charter agreement to which the United States is a signatory.
THERERORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) urge the members of the United States Congress to enact federal legislation granting statehood to the people of Washington, D.C.;
BE IT FURTHER RESOLVED, that the NBCSL supports admitting Washington, D.C. into the Union as a state of the United States of America with all the rights and privileges granted to every other state; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.
- SPONSOR: Representative Kam Buckner (IL)
- Committee of Jurisdiction: Law, Justice, and Ethics (LJE) Policy Committee
- Ratified in Plenary Session: December 2, 2021
- Ratification certified by: Representative Billy Mitchell (GA), NBCSL President
PROTECTING THE RIGHT TO VOTE FOR ALL CITIZENS
WHEREAS, the National Black Caucus of State Legislators had consistently maintained that voting is an American principle and a basic democratic right that should be protected, promoted, and practiced;
WHEREAS, the Fifteenth Amendment to the United States Constitution was ratified on February 3, 1870, prohibiting the federal government and states from denying a citizen the right to vote based on that citizen’s “race, color, or previous condition of servitude;”
WHEREAS, more than half million Black men joined the voting rolls during Reconstruction in the 1870s, helping to elect nearly 2,000 Black men to public office at the state and federal level;
WHEREAS, many people are surprised to learn that while the U.S. Constitution bans the restriction of voting based on race, sex, and age, it does not explicitly and affirmatively state that all U.S. citizens have a right to vote; this leaves voting rights vulnerable to the whims of politicians;
WHEREAS, even as the rising American electorate gains momentum, new regressive laws, rulings, and maneuvers are threatening voting rights without facing the strict scrutiny that would come with an affirmative right to vote in the Constitution;
WHEREAS, in 2000, the Supreme Court ruled in Bush v. Gore that citizens do not have the right to vote for electors for president;
WHEREAS, the Voting Rights Act of 1965, signed 95 years after the ratification of the Fifteenth Amendment, outlawed most discriminatory voting practices in southern states such as literacy tests, poll taxes, and grandfather clauses; provided for federal oversight of voter registration in areas where less than 50 percent of the non-white population had not registered to vote, and authorized the U.S. Attorney General to investigate the use of poll taxes in state and local elections; and subsequently added protections for the voting rights for non-English speaking American citizens;
WHEREAS, a key provision of The Voting Rights Act was Section 5, which requires jurisdictions determined to have a history of racial discrimination in voting to preclear any proposed voting change with the U.S. Justice Department or federal court by showing that the change would not have a discriminatory effect on minorities before it could put it into place;
WHEREAS, the impact of the Voting Right Act was swift: by the end of 1965, a quarter of a million new Black voters had been registered, and by the end of 1966, only 4 out of the 13 southern states had fewer than 50 percent of African Americans registered to vote, and Black registration rates in the former Confederate states soared from 30 percentage points below white registration rates in 1960 to equal or greater than white registration rates in 2010 (Black turnout in elections followed a similar pattern);
WHEREAS, in 2013, the Supreme Court struck down Section 4 of the Voting Rights Act; this stripped the Justice Department of the powers it had for five decades to curb racial discrimination in voting; the Election Assistance Commission was left without commissioners for years and frequently faced bills in Congress that would end its existence entirely;
WHEREAS, since then, several states have passed new laws that have made it more difficult for poor people, people of color, and elderly people to vote, including ID requirements, limits on early voting, mail-in voting, and more;
WHEREAS, voting rights for Americans convicted of felonies who have already completed their sentences vary substantially from state to state; and
WHEREAS, Americans living overseas have trouble registering in their home district because their state may not consider them residents anymore;
WHEREAS, many college students attempting to register at their college precinct have faced voter intimidation or were simply refused the ability to register to vote;
WHEREAS, many schools skip civics education, which contributes to the decline in voter turnout in local and primary elections;
WHEREAS, voter identification and registration requirements, as well as the machines that voters use, vary widely between states;
WHEREAS, the U.S. has a patchwork of inconsistent voting rules run independently by 50 states, 3,067 counties, and over 13,000 voting districts, all separate and unequal;
WHEREAS, 49 out of the 50 states have a right to vote amendment in their state constitutions; only Arizona lacks the right to vote;
WHEREAS, a right to vote amendment would empower Congress to enact minimum electoral standards to guarantee a higher degree of legitimacy, inclusivity, and consistency across the country;
WHEREAS, including an explicit right to vote in the Constitution would guarantee the voting rights of every citizen of voting age, ensure that every vote is counted correctly, and defend against attempts to effectively disenfranchise eligible voters;
WHEREAS, in August 2021, U.S. Supreme Court further eroded the Act by making it more difficult to challenge voter suppression laws in Brnovich v. Democratic National Committee;
WHEREAS, after historic turnout and increased mail voting in 2020, a rash of baseless and racist allegations of voter fraud and election irregularities have led to a proliferation of laws to restrict voting access as compared to this time last year; as of June 21, 2021, 17 states enacted 28 new laws that restrict access to the vote, according to the Brennan Center for Justice;
WHEREAS, these include a Georgia law that goes so far as to make it a felony to give a bottle of water to someone waiting in line to vote and a Texas law that creates new criminal and civil penalties for people looking to help voters who need assistance.
WHEREAS, while other states are threatening voting rights, Virginia has taken action to protect voting rights for generations to come by passing The Voting Rights Act of Virginia in 2021, and Virginia is now the first state in the South with a state-level Voting Rights Act;
WHEREAS, the Voting Rights Act of Virginia joins a series of laws passed in 2020 that took Virginia from the second-hardest state five years ago to the 12th easiest state in which to vote in 2020, such as creating no-excuse absentee voting, repealing restrictive voter ID laws and passing temporary measures to make voting during COVID-19 easier and safer;
WHEREAS, in his final essay, the late Congressman John Lewis reminded us, “Democracy is not a state. It is an act, and each generation must do its part to help build what we called the Beloved Community, a nation and world society at peace with itself”, Congressman Lewis dedicated his life to expanding and protecting the right to vote for all American citizens; and
WHEREAS, Congress is working on various pieces of legislation like the Freedom to Vote Act, the For the People Act, and the John Lewis Voting Rights Advancement Act, all of which would expand and protect opportunities to vote, stop voter suppression efforts, provide redistricting reform, modernize voter registration, prevent election subversion, and promote election security.
THEREFORE BE IT RESOLVED , that the National Black Caucus of State Legislators (NBCSL) urges Congress to adopt an affirmative right to vote amendment to the United States Constitution to ensure the will and voice of the people are protected;
BE IT FURTHER RESOLVED, that the NBCSL condemn voter suppression efforts across states and at the federal level;
BE IT FURTHER RESOLVED, that the NBCSL support efforts in states and at the federal level that expand and protect opportunities to vote, stop voter suppression efforts, provide redistricting reform, modernize voter registration, prevent election subversion, and promote election security;
BE IT FURTHER RESOLVED, that election of 2020 contained no widespread fraud, suggesting otherwise without evidence is detrimental to United States, and using such lies to perpetuate political gain is antithetical to democracy and the oath that we as elected officials are sworn to uphold;
BE IT FURTHER RESOLVED, that the NBCSL urges Congress to pass legislation like the John Lewis Voting Rights Advancement Act of 2021 (H.R. 4) to restore and strengthen parts of the Voting Rights Act of 1965 struck down by the U.S. Supreme Court and restore the preclearance requirement;
BE IT FURTHER RESOLVED, that the NBCSL encourages states to enact their own Voting Rights Act and other legislation to (1) ensure citizens can easily register to vote through expanding online and automatic voter registration; (2) expand voting access through early in-person voting, no-excuse absentee voting, and by mail; (3) make elections fair and transparent; (4) ensure voters can cast ballots freely and equally without intimidation or discrimination, and (5) restore voting rights for returning citizens;
BE IT FURTHER RESOLVED, that the NBCSL urges Congress to take action on voting rights quickly as the threat to voters is substantial and real, and without federal measures to protect voter access, we risk subversion of democracy and disenfranchisement of voters across the nation; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.
- SPONSOR(S): Representative Kam Buckner (IL), Senator Jennifer McClellan (VA), and Delegate Marcia Price (VA)
- Committee of Jurisdiction: Law, Justice, and Ethics (LJE) Policy Committee
- Ratified in Plenary Session: December 2, 2021
- Ratification certified by: Representative Billy Mitchell (GA), NBCSL President
PROTECTION FOR WHISTLEBLOWERS
WHEREAS, the National Black Caucus of State Legislators (NBCSL) strives for equality of social and economic rights of all persons through pursuing enactment of federal, state, and local laws securing civil rights;
WHEREAS, whistleblowers are an integral component in identifying government corruption and fraud within agencies in which they are employed;
WHEREAS, the Whistleblower Protection Act (WPA) of 1989 was enacted to protect government employees who report illegal activity from employer retaliation;
WHEREAS, the Whistleblower Protection Enhancement Act (WPEA) of 2012 amended the WPA to provide greater protections for whistleblowers, and the WPEA did this by implementing and enforcing nondisclosure agreements that are consistent with whistleblower protections;
WHEREAS, the benefit of whistleblower actions extends to other aspects of society beyond government organizations, for example, through its impact on agriculture and hospital practices to protect public health and welfare;
WHEREAS, the current federal and state whistleblower laws are not adequate in their level of protection of whistleblowers inasmuch as whistleblower complaint case resolutions are often not in favor of the whistleblower;
WHEREAS, Congress has amended the WPEA to strengthen whistleblower protections to mandating routine oversight to ensure that complainants are protected and any form of retaliation; and
WHEREAS, Congress must re-examine the current protections and address the insufficiencies identified in published research on whistleblower complaints and resulting hostile environments.
THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) reaffirms its support for more protection of whistleblowers at the federal, state, and local government levels, the need for more independent oversight to prevent retaliatory behaviors in organizations, and the development of procedures to promote disclosure of misconduct against whistleblowers; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.
- SPONSOR: Senator Brenda Gilmore (TN)
- Committee of Jurisdiction: Law, Justice, and Ethics (LJE) Policy Committee
- Ratified in Plenary Session: December 2, 2021
- Ratification certified by: Representative Billy Mitchell (GA), NBCSL President
CORRECTING AN INJUSTICE AGAINST DR. MARTIN LUTHER KING
WHEREAS, Dr. Martin Luther King, Jr. walked into the heart of Jim Crow demanding change from those intransigents in their hatred, and his courage was unquestioned, his method of nonviolence risky, and his unapologetic style;
WHEREAS, at 34 years of age, Dr. Martin Luther King, Jr. received international recognition with the awarding of the Nobel Peace Prize;
WHEREAS, the United States Federal Bureau of Investigation (FBI) immorally recorded the life and conversations of Dr. Martin Luther King, Jr.;
WHEREAS, the FBI began monitoring Dr. Martin Luther King, Jr. in December 1955 during his involvement with the Montgomery bus boycott, and engaged in covert operations against him throughout the 1960s;
WHEREAS, for the last four and one-half years of his life, from November 1963 until his death in April 1968, Dr. King lived without any semblance of privacy, and his hotel rooms were bugged, his phones tapped, and his office and inner circle infiltrated by informants;
WHEREAS, on November 21, 1964, the FBI anonymously sent Dr. King a letter encouraging Dr. King to commit suicide to avoid public embarrassment;
WHEREAS, according to a United States Senate Committee convened in the 1970s to investigate the FBI’s domestic intelligence operations, when Dr. King condemned the Vietnam War in a speech at Riverside Church on April 4, 1967, the FBI interpreted this position as proof he “has been influenced by Communist advisors” and stepped up their covert operations against him;
WHEREAS, in August 1967, the FBI created a Counterintelligence Program (COINTELPRO) which targeted Dr. King, the Black Panther Party, and other civil rights leaders;
WHEREAS, the FBI’s surveillance tapes and the transcripts of them remain under seal until 2027; and
WHEREAS, Dr. Martin Luther King, Jr. is critical to memorializing the Black experience in America, and his mission, and unfortunately, the challenges he confronted, remain timeless, and no one has the right to feed on his legacy.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators urges the National Archives and Records Administration to destroy the FBI surveillance tapes that were obtained immorally on Reverend Dr. Martin Luther King, Jr.;
BE IT FURTHER RESOLVED, that the NBCSL urges the Congress of the United States to work with President Joseph R. Biden to prevent similar abuses of power from being perpetrated for immoral and defamatory reasons; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.
- SPONSOR: Senator Stephen Bradford (CA)
- Committee of Jurisdiction: Law, Justice, and Ethics (LJE) Policy Committee
- Ratified in Plenary Session: December 2, 2021
- Ratification certified by: Representative Billy Mitchell (GA), NBCSL President
SUPPORT OF REPEALING “STAND YOUR GROUND” LAWS
WHEREAS, the National Black Caucus of State Legislators has an extensive history of opposition to Stand Your Ground laws, passing resolution LJE-13-06 Opposing Stand Your Ground/Shoot First Law;
WHEREAS, Stand Your Ground laws upend traditional self-defense laws by allowing people to use deadly force even when they know they can safely walk away;
WHEREAS, these laws distort the public perception of lawful self-defense and promote vigilantism by encouraging people to shoot first and ask questions later, eroding community safety;
WHEREAS, Stand Your Ground laws undermine our justice system by altering criminal procedure in a way that makes it difficult for a person who invokes the law to be arrested, prosecuted, or convicted for using deadly force;
WHEREAS, these laws help people who kill, or harm others evade justice, as demonstrated by research which shows that in states that have enacted Stand Your Ground laws, justifiable homicide rates increased by 55%;
WHEREAS, passage of these laws makes it more difficult to even investigate a homicide, and impedes the duty of police officers to protect their community from a person that could be dangerous;
WHEREAS, the enactment of Stand Your Ground laws is linked to an increase in firearm homicide rates and a national increase of 150 deaths per month;
WHEREAS, these laws do nothing to deter crime, and allow criminals to avoid justice;
WHEREAS, in states with Stand Your Ground laws, those laws have a disproportionate impact on people with color, as evidenced by the fact that in cases where white shooters kill black victims, they are deemed justifiable five times more frequently than when the situation is reversed; and
WHEREAS, the enactment of Stand Your Ground laws has shown to be particularly deadly for young people and are associated with a 36% increase in monthly firearm homicide rates among young adults, a 45% increase in quarterly firearm homicide rates among adolescents, and a 52% increase in firearm homicide rates among Black adolescents.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) affirms its position in support of repealing Stand Your Ground laws;
BE IT FURTHER RESOLVED, that the NBCSL supports traditional self-defense laws, which respect a person’s right to defend himself as well as the value of human life;
BE IT FURTHER RESOLVED, that the NBCSL encourages state legislators to introduce and pass laws repealing Stand Your Ground laws in the states where they are currently in effect; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.
- SPONSOR: Representative Chris Rabb (PA)
- Committee of Jurisdiction: Law, Justice, and Ethics (LJE) Policy Committee
- Ratified in Plenary Session: December 2, 2021
- Ratification certified by: Representative Billy Mitchell (GA), NBCSL President