i

Tiuuid:1,--
CIVIL RIGHTS IMPLICATIONS OF FEDERAL

VOTING FRAUD PROSECUTIONS

O RECOND ONER

HEARING

BEFORE THE

SUBCOMMITTEE ON
CIVIL AND CONSTITUTIONAL RIGHTS

OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
NINETY-NINTH CONGRESS

FIRST SESSION

Printed for the use of the Committee on the Judiciary

Wisconsin

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas

HAMILTON FISH, JR., New York ROBERT W. KASTENMEIER, Wisconsin CARLOS J. MOORHEAD, California DON EDWARDS, California

HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan

THOMAS N. KINDNESS, Ohio JOHN F. SEIBERLING, Ohio

DAN LUNGREN, California ROMANO L. MAZZOLI, Kentucky

F. JAMES SENSENBRENNER, JR., WILLIAM J. HUGHES, New Jersey SAM B. HALL, JR., Texas

BILL McCOLLUM, Florida MIKE SYNAR, Oklahoma

E. CLAY SHAW, JR., Florida PATRICIA SCHROEDER, Colorado

GEORGE W. GEKAS, Pennsylvania DAN GLICKMAN, Kansas

MICHAEL DEWINE, Ohio BARNEY FRANK, Massachusetts

WILLIAM E. DANNEMEYER, California GEO. W. CROCKETT, JR., Michigan

HANK BROWN, Colorado CHARLES E. SCHUMER, New York

PATRICK L. SWINDALL, Georgia
BRUCE A. MORRISON, Connecticut

HOWARD COBLE, North Carolina
EDWARD F. FEIGHAN, Ohio
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
HARLEY O. STAGGERS, JR., West Virginia

M. ELAINE MIELKE, General Counsel

GARNER J. CLINE, Staff Director
ALAN F. COFFEY, Jr., Associate Counsel

SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS

DON EDWARDS, California, Chairman ROBERT W. KASTENMEIER, Wisconsin F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan

Wisconsin PATRICIA SCHROEDER, Colorado

MICHAEL DEWINE, Ohio
CHARLES E. SCHUMER, New York

WILLIAM E. DANNEMEYER, California
CATHERINE A. LEROY, Counsel
PHILIP G. Kiko, Associate Counsel

(IT)

CONTENTS

WITNESSES

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

Burnim, Ira A., Southern Poverty Law Center, Montgomery, AL, accompanied

by Sweet, Dennis, attorney, Southern Poverty Law Center
Dobynes, Rev. O.C., Marion, AL......

Prepared statement
Keeney, John C., Deputy Assistant Attorney General, Criminal Division, De-
partment of Justice .............................................

Prepared statement ...............
Sanders, Hank, Alabama State Senate, Selma, AL...................

Prepared statement ......
Turner, Albert, president, Perry County Civil League, Marion, AL.....
Prepared statement ...

ADDITIONAL MATERIAL
Statement of the National Alliance Against Racist and Political Repression .....
“Crackdown in the Black Belt" by Allen Tullos, Southern Changes, March-

April 1985 ............
"Not-So-Simple Justice" by Allen Tullos, Southern Changes, May-June 1985....
Statement of Maryland State Senator Clarence M. Mitchell III, president, the

National Black Caucus of State Legislators...........
Letter to Hon. Don Edwards from John C. Keeney, Deputy Assistant Attorney

General, Criminal Division, Department of Justice, October 2, 1985 ...............

APPENDIXES
Appendix 1.-Selected Department of Justice Documents relating to Federal

prosecution of election offenses .....
Appendix 2.-Absentee ballots from Perry County, AL.......
Appendix 3.-Statement of Mary G. Auburtin, clerk, circuit court and absen-

tee election manager, Perry County, AL ..............
Appendix 4.-Statement of the Provisional Government of the Republic of

New Afrika .............
Appendix 5.-Letter to Hon. Don Edwards from John Kennard, tax assessor,

Greene County, AL, et al., September 19, 1985.

(III)

CIVIL RIGHTS IMPLICATIONS OF FEDERAL

VOTING FRAUD PROSECUTIONS

THURSDAY, SEPTEMBER 26, 1985

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON CIVIL AND

CONSTITUTIONAL RIGHTS,
COMMITTEE ON THE JUDICIARY,

Washington, DC. The subcommittee met, pursuant to call, at 9:30 a.m., in room 2237, Rayburn House Office Building, Hon. Don Edwards (chairman of the subcommittee) presiding.

Present: Representatives Edwards, Kastenmeier, Conyers, Schroeder, and Sensenbrenner.

Staff present: Catherine Leroy, counsel; Stuart J. Ishimaru, assistant counsel; and Philip Kiko, associate counsel. Mr. EDWARDS. The subcommittee will come to order.

This morning the subcommittee begins a series of hearings examining the civil rights implications of Federal voting fraud prosecutions. Our focus today is on prosecutions brought by the Justice Department in Alabama.

Last fall, the Justice Department announced a new campaign to crack down on election fraud and abuse. At that time, the committee was concerned with the effect this campaign might have on the rights and protections afforded by the Voting Rights Act of 1965. Chairman Rodino wrote to then-Attorney General Smith to express his concern and ask to be advised about the steps being taken to ensure that investigation and prosecution of election offenses did not undermine the Voting Rights Act.

The department responded and said that its objective was—and I quote the department:

To assure that all citizens exercise and enjoy a franchise that is free from fraud, bribery, and intimidation. *** To prevent these law enforcement efforts from having an undesired chilling effect on legitimate voting activity, *** all election fraud investigations and indictments (must) be precleared with the Public Integrity Section of the Criminal Division. *** The Civil Rights Division has had, and will continue to have, input into the discharge of this preclearance and over sight function.

I ask this correspondence be made a part of this record. Without objection, so ordered.

(The letter follows:)