CIVIL RIGHTS IMPLICATIONS OF FEDERAL VOTING FRAUD PROSECUTIONS THURSDAY, SEPTEMBER 26, 1985 HOUSE OF REPRESENTATIVES, CONSTITUTIONAL RIGHTS, 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, Schroeder, and Sensenbrenner. Conyers, 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:] (1) The Committee recently received a September 27, 1984 press release issued by you, accompanying the document entitled, "Federal Prosecution of Election Offenses." As you know there has been a great deal of activity by various The Committee would appreciate being advised as to what steps, if any, have been taken to ensure that all federal (U.S. Attorneys and FBI) and state and local officials understand that the "Federal Prosecution of Election Offenses" should be read in conjunction with the provisions of the Voting Rights Act. I look forward to hearing from you as soon as possible. incerely, Peter W Roder PETER W. RODINO, JR. PWR: emm CC: Robert A. McConnell This will reply to your letter of October 31, 1984, concerning the Justice Department's election crime program. You specifically request to be advised of the steps that we have taken to assure that federal, state, and local officials understand that the Department's election crime manual, "Federal Prosecution of Election Offenses," should be read in conjunction with provisions of the Voting Rights Act. The interrelationship between the Department's civil rights and vote fraud programs is clearly stated, and placed in historical perspective, at the beginning of Chapter 2 of the 1984 edition of "Federal Prosecution of Election Offenses." A copy of this booklet is enclosed for your information. It has been distributed to all Assistant United States Attorneys and all Special Agents of the Federal Bureau of Investigation assigned to white collar and public corruption squads. It has also been distributed to state and local officials throughout the country who have responsibility for election administration. As we have discussed with your staff, the objective of our law enforcement program in the election crime area is to assure that all citizens exercise and enjoy a franchise that is free from fraud, bribery, and intimidation. Towards that end, we fully support and encourage efforts that have been made by the Congress and by various participants in the electoral process to increase voter registration, to encourage citizens to cast ballots, and to provide needed assistance to illiterate and handicapped voters pursuant to 42 U.S.C. $1973aa-6. However, at the same time we must be To prevent these law enforcement efforts from having an undesired chilling effect on legitimate voting activity, Departmental regulations require that all election fraud investigations and indictments be precleared by the Public Integrity Section of the Criminal Division. See, e.g., 9 U.S.A.M. 2-133 (h), 2.133 (0), and the discussion at pages 3, 49-52 of "Federal Prosecution of Election Offenses." The Civil Rights Division has had, and will continue to have, input into the discharge of this preclearance and oversight function. I trust that this information is responsive to your needs. Sincerely, D. Lowell Jensen Enclosure Mr. EDWARDS. Also, during the fall of last year, the Department was involved in investigating allegations of voting fraud in the western part of Alabama, an area with a large black population known as the "black belt." The Alabama black belt has been the heart and center of voting rights struggles over the years. Who can forget the Bloody Sunday march in Selma and its graphic call to the Nation of the need for voting rights for all Americans? The Federal investigation was targeted against local black leaders, many who have been involved for years with the civil rights movement. The investigation was centered around the September 4 primary election, and the assistance provided by black groups to absentee voters. The investigation continued after the primary election, and through the general election in November. In January, a Federal grand jury issued indictments against three persons from Perry County. These three-Albert Turner, his wife Evelyn, and Spencer Hogue-went on trial in June. They were subsequently acquitted of the charges. Indictments have also been issued against five persons in Greene County, and those defendants are presently standing trial. Yesterday, a jury was chosen for the third Greene County trial, all white, after the Government used its six preemptory strikes to eliminate the six black jurors from consideration. We are not examining the Greene County trials. We are not examining any pending litigation. This voting fraud investigation raises a number of troubling questions. While we concur with the Department's efforts to root |