TABLE A-1.-50-State compilation of voting and registration statistics

This is an estimate by the Bureau of Census as of Nov. 1, 1964, taken from a memorandum issued by the Department of Commerce, dated Sept. 8, 1964, No. CB64-93.

This column is based on figures supplied by official State sources to the Congressional Quarterly. These percentages are based on the voting age population as of Nov. 1, 1964.

These figures are mostly based on the official reports of the various States, but in some cases do not represent the actual number of persons registered, due to the lack of effective purging of voters who have died or moved away or otherwise become ineligibile.

These States do not have statewide registration.

These States use a test or device as defined by sec. 3(b) of the proposed Voting Rights Act of 1965. Idaho, which does not have a literacy test, has a "good moral character" requirement. Some of the literacy test States also have a "good moral character" requirement.

This does not include Fayette County, which has approximately 2,400 registered voters.

TABLE A-2.-States which use a test or device as defined by sec. 3(b) of the proposed Voting Rights Act of 1965

1 This is an estimate by the Bureau of Census as of Nov. 1, 1964, taken from a memo issued by the Department of Commerce, dated Sept. 8, 1964, No. CB64-93.

2 This column is based on figures supplied by official State sources to the Congressional Quarterly.

3 States in which less than 50 percent of the voting age population voted in the presidential election of 1964. 4 States in which more than 50 percent of the voting age population voted in the presidential election of 1964.

TABLE A-3.-States using tests or devices as defined by sec. 3(b) of the proposed Voting Rights Act of 1965

1 Code of Alabama, title 17, § 32: "The following persons

shall be qualified to register *** those who can read and write any article of the Constitution of the United States in the English language which may be submitted to them by the board of registrars and who are of good character.

2 Order of Jan. 14, 1964, as amended, Aug. 26, 1964, by the Supreme Court of Alabama prescribing a new application form to be used by the board of registrars throughout the State, pt. VI (vouching), pt. III (acknowledge, interpret, understand).

The U.S. attorney for the District of Alaska has stated that the secretary of state believes that anyone who can speak English can vote, even if he cannot sign his name except with an "X." (Hearings on S. 2750 before the House Judiciary Committee, 87th Cong.. 2d sess., p. 315.)

4 Alaska Statutes § 15.05.010:

"A person may vote at any election who** (5) can speak or read English unless prevented by physical disability, or voted in the general election of November 4, 1924."

Additional footnotes on following page

The former U.S. attorney for the District of Arizona has stated that an applicant must only attest to the fact that he is able to read the Constitution of the United States in the English language, and if there is any question about his ability, the registrar usually asks him to read other printed papers. (Letter dated Mar. 8, 1962, to the Civil Rights Division from Hon. Carl Muecke. See, also, hearings on S. 2750, supra, p. 317.)

Arizona Revised Statutes § 16-101(A):

"Every resident of the State is qualified to become an elector and may register to vote at all elections authorized by law if he**

4) Is apie to read the Constitation of the United States in the English language.

"(5) Is able to write his name

Constitution of California, art. II, § 1:

"Njo person who shall not be able to read the Constitution in the English language and write his or her name, shall ever exercise the privileges of an elector in this State. *-*

See, also, California Election Code, § 100, implementing this provision.

Constitution of Connecticut, art. VI, § 1:

"Every citizen of the United States *** who is able to read in the English language any article of the Constitution or any section of the statutes of this State, and who sustains a good moral character, shall *** be an elector."

See, also, Connecticut General Statutes. § 9-12 implementing this provision.

Constitution of Delaware, art. V. § 2:

"Njo person

*** shall have the right to vote unless he shall be able to read this Constitution in the English language and write his name.

see, also. Delaware Code Annotated, title 15, § 1701 implementing this provision.

19 Georgia Code Ann. § 34-617(a):

"The applicant] shall be required to read [the Constitution of Georgia or of the United States] aloud and write it in the English language."

Georgia Code Ann. § 34-117(b):

"[The applicant may also qualify on the basis of his good character and his understanding of the duties and obligations of citizenship.

2 Georgia Code Ann. § 34-618 sets forth a standard list of questions for those who seek to qualify pursuant to § 34-617(b) (e.g., what are the names of the three branches of the U.S. Government?) See, also. Constitution of Georgia, § 2-704 which sets forth the above requirements.

See, also, Georgia Code Ann. § 34-617(a).

13 Constitution of Hawaii, art. II, § 1:

"No person shall be qualified to vote unless he is * * able to speak, read and write the English or Hawaiian language."

14 Idaho Code § 34-404:

"No common prostitute or person who keeps or maintains, or is interested in keeping or maintaining, or who resides in or is an inmate of, or frequents or habitually resorts to any house of prostitution or of ill fame, or any other house or place commonly used as a house of prostitution or of ill fame, or as a house or place of resort for lewd persons for the purpose of prostitution or lewdness, or who, being male or female, do lewdly and lasciviously cohabit together, shall be permitted to register as a voter or to vote at any election in this state."

See, also, Constitution of Idaho, Art. 6, § 5, which disqualifies from voting, inter alia, persons who are members of organizations which teach, advise, counsel, encourage or aid persons to enter into bigamy or polygamy. Louisiana Rev. Stat. Title 18 § 31(3):

"[H]e shall be able to read and write. ***" See, also, Louisiana Rev. Stat. Title 18 § 35.

Constitution of Louisiana, Art. VIII, §1(c):

"He shall be of good character and shall understand the duties and obligations of citizenship under a republican form of government."

See, also, Art. VIII, §§ 1(d), 18; Title 18 §§ 31(2), 36. In addition, a requirement that an applicant "shall be able to understand and give a reasonable interpretation of any section of [the Louisiana or United States Constitution]," and related provisions (Title 18, §§ 35, 36) was enjoined by a Federal court, United States v. Louisiana, 225 F. Supp. 353 (1963), affirmed by the Supreme Court Mar. 8, 1965.

17 Constitution of Louisiana, Art. VIII, § 18:

"The Board [of Registrars] shall issue a uniform, objective written test or examination for citizenship to determine that applicants * understand the duties and obligations of citizenship.

See, also, Title 18 § 191(A).

18 Louisiana Rev. Stat. Title 18 § 31(2):

"He shall be of good moral character.

19 Louisiana Rev. Stat. Title 18 § 31(5):

"No registrar or deputy registrar shall register any applicant *** unless the applicant brings with him two qualified electors of the precinct in which he resides to sign written affidavits attesting to the truth of the facts set forth in the application form. ***"

29 Constitution of Maine, Art. II, §1:

"No person shall have the right to vote *** who shall not be able to read the Constitution in the English language, and write his name."

See, also, Title 21 § 241, implementing this provision.

21 Constitution of Massachusetts, Art. XX, § 122: "No person shall have the right to vote

language, and write his name.

who shall not be able to read the Constitution in the English

See, also, Massachusetts Laws Ch. 51, §1, implementing this provision.

22 Constitution of Mississippi, Art. 12, § 244:

"Every elector shall be able to read and write any section of the Constitution of this State and give a reasonable interpretation thereof to the county registrar. He shall demonstrate * a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government." See, also, Mississippi Code §§ 3209.6, 3213, implementing this provision.

Constitution of Mississippi, Art. 12, § 241-A:

"In addition *** such person shall be of good moral character."

See, also, Mississippi Code §§ 3209.6, 3213, 3212.7, implementing this provision.

24 New Hampshire Rev. Stat. § 55: 10:

"[An applicant shall be required] to write and to read in such manner as to show that he is not being assisted in so doing and is not reciting from memory."

See, also, New Hampshire Rev. Stat. §§ 55.11, 55.12, implementing this provision.

25 Constitution of New York, Art. 2, § 1:

Additional footnotes on following page

TABLE B-1.-Voting age population and registered voters classified by race in those States where use of tests and devices is suspended by the proposed Voting Rights Act of 1965

1 The total voting age population for the respective States is taken from an estimate by the Bureau of Census as of Nov. 1, 1964, in a memorandum issued by the Department of Commerce, dated Sept. 8, 1964, No. CB64-93. The voting age population for white and nonwhite in 1964 was computed by taking the voting age population statistics for white and nonwhite as reported in the Census of Population: 1960, determining the ratio of each group to the total voting age population in 1960, and applying that ratio to the total voting age population as estimated by the Bureau of Census for Nov. 1, 1964.

These statistics, excepting those for Virginia, are based on findings published in U.S. Commission on Civil Rights, Registration and Voting Statistics, Mar. 19, 1965. They are not based on official [State sources due to the lack of official State information regarding registration by race.

The registration data based on official State sources in the chart containing voting and registration statistics for all States (master chart) reflect registration as of a later date than the data published by the Commission. For this reason, the registration figures in this chart, when totaled, differ slightly from the registration figures in the master chart. The totals here are as follows: Alabama, 1,028,432; Georgia, 1,292,078; Louisiana, 1,201,785; Mississippi, 553,500; South Carolina, 816,458; Virginia, 1,311,023.

U.S. Commission on Civil Rights, Registration and Voting Statistics, Mar. 19, 1965.

4 Alaska does not have statewide registration.

U.S. Commission on Civil Rights, Registration and Voting Statistics, Mar. 19, 1965. • Ibid.

7 Ibid.

• Ibid.

• Obtained from official State sources.

"[N]o person shall become entitled to vote

unless such person is also able, except for physical dis

ability, to read and write English."

See, also, New York Election Code, §§ 150, 168, implementing this provision.

26 Constitution of North Carolina, Art. VI, § 4:

"Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language."

See, also, General Statutes of North Carolina, § 163-28, implementing this provision.

27 Oregon Rev. Stat. § 247.131:

"[N]o elector shall be registered unless he is able, except for physical disability, to read and write English." 28 Constitution of South Carolina, Art. II, § 4(d):

"Any person *** shall be registered: Provided, That he can both read and write any Section of this Constitution submitted to him.

As an alternative to the reading and writing test, Art. II, 4(d) provides:

"Any person

*** shall be registered: Provided, That he *** has paid all taxes collectible during the previous year on, property in this State assessed at $300 or more."

See, also, Code of South Carolina, § 23-62, implementing these provisions.

29 Code of Virginia § 24.68:

"[The applicant must make application] in his own handwriting, without aids, suggestions, or memorandum.***

30 Washington Revised Code § 29.07.070(13):

"[An applicant must be] able to read and speak the English language so as to comprehend the meaning of ordinary English prose."

31 Wyoming Statutes §§ 22-118.3:

"The term "qualified elector" includes every male and female citizen of the United States who *** shall be able to read the constitution of Wyoming."

TABLE B-2(a).-Discriminatory use of "tests or devices" challenged in Justice Department litigation in Alabama

1 Complaint filed Dec. 16, 1963, not yet decided.

2 Complaint filed July 13, 1963, not yet decided.

3 U.S. v. Alabama, 192 F. Supp. 677; affirmed 304 F. 2d 583; affirmed 371 U.S. 37.

4 Issue in supplemental proceeding.

Judgment for defendants, case now on appeal.

• Complaint filed Jan. 15, 1965, not yet decided.

(4)

X

TABLE B-2(b).—Voting age population and registered voters classified by race in those Alabama counties in which racial voting suits have been brought under 42 U.S.C. 1971A

1 This is the percentage of those of voting age who voted in the presidential election of 1964