HomeMy Public PortalAbout2013.122 (09-17-13) •
RESOLUTION NO. 2013.122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
SUPPORTING THE IMMEDIATE PASSAGE OF FEDERAL LEGISLATION TO
UPDATE AND RESTORE SECTION 4 OF THE VOTING RIGHTS ACT
WHEREAS, on June 25, 2013, in Shelby County v. Holder, the United
States Supreme Court (Court) struck down Section 4 of the Voting Rights Act
(VRA) as unconstitutional. The Court majority ruled (5-4 decision) that Congress,
in extending Section 4 without modification, used outdated data in continuing to
require nine states and portions of six others, mainly in the South, to obtain
federal approval or "preclearance" for voting rule changes affecting minorities;
and
WHEREAS, preclearance relies on the federal government to prevent
discrimination in advance, rather than resorting to drawn out litigation that might
not be resolved until long after ballots are cast. Further, "preclearance" gives the
federal government the authority to protect minority voting rights in jurisdictions
with long histories of disenfranchisement and discrimination; and
WHEREAS, the VRA is considered among the most important legislative
accomplishment of the civil rights movement. Its enactment by Congress against
the backdrop of violence and terror that confronted those seeking the right to
vote guaranteed by the Fourteenth, Fifteenth and Nineteenth Amendments to the
Constitution facilitated the mass enfranchisement and political empowerment of •
African American, Latino, Native American and other minority voters in states
and local jurisdictions throughout the nation; and
WHEREAS, since its original passage in 1965, the VRA has been
extended by Congress no fewer than four times (1970, 1975, 1982 and 2006).
The VRA was last extended with strong bi-partisan support in 2006; and
WHEREAS, despite this record, the Court majority ruled that Congress
failed to update the Section 4 formula, invalidating the provision of the VRA that
permits federal preclearance in those jurisdictions where Congress found
extensive evidence of continuing discrimination and racially polarized voting; and
WHEREAS, Ruth Bader Ginsburg, Associate Justice of the United States
Supreme Court, cited a study written in 2006 by Ellen Katz, a law professor at the
• University of Michigan. The study showed that "...Congress reasonably
concluded that the coverage formula continues to identify the jurisdictions of
greatest concern"; and
WHEREAS, the Court ruling in Shelby County v. Holder thus places
minority voting rights in jeopardy. Several states, previously subject to
• preclearance, have announced their intention to enact restrictive voter
•
identification laws and redistricting plans that will, have a disproportionately
disparate and adverse impact on low-income, minority voters. Urgent action is
required to update Section 4 sufficient to protect`voting rights and•Ameet
constitutional muster in order to keep jurisdictions from successfully restricting
voter enfranchisement in a discriminatory, disparate manner. . •
NOW, THEREFORE THE CITY COUNCIL OF THE CITY'OF.LYNWOOD
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of•Lynwood urges'.federal
and state representatives to take all actions in support of the immediate'passage
of federal legislation to update and restore Section 4 of the Voting Rights Act.
Section 2. That a copy of this Resolution be provided to the City of
Lynwood's federal and state.representatives.
Section 5. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 17th day of September
2013.
41,/
Salvador Alatorre, Mayor
ATTEST:
JLLt i
Maria Quinonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney Richard N.Warne
Interim City Manager
STATE OF CALIFORNIA
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing Resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the 17th
day of September 2013, and passed by the following vote:
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON,
RODRIGUEZ AND ALATORRE
NOES: NONE
. ABSENT: NONE
ABSTAIN: NONE
IA/
Maria Quinonez, ity Clerk
STATE OF CALIFORNIA
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. 2013.122 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated this
17th day of September 2013.
i/. ./� ,
Maria Quinone 7City Clerk
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