Qualifications of Electors

Senator HOLLAND. I appreciate this opportunity of appearing before this committee in behalf of Senate Joint Resolution 25, which, I am informed by the Library of Congress, is one of 119 bills which have been introduced since August 1939 dealing with the subject of poll taxes.

I have long been interested in the abolition of poll taxes, and as far back as 1937, as a member of the Florida State Senate, I participated in the successful fight to remove the poll tax as a Florida requirement for voting. The constitution of Florida permits the legislature, in its discretion, to impose a poll tax not exceeding $1 per year and to prescribe same as a prerequisite for voting. The action which we took in 1937 has, in my opinion, been beneficial to the State of Florida and to the cause of clean politics in our State

It is a matter of record that largely increased percentages of citizens have participated in the elections since that date, and it is also a matter of common knowledge that abuses which had crept in under the poll-tax system, under which in some counties there was considerable control of local elections, have ceased to exist so as to bring about more wholesome conditions in Florida politics.

I would like to see the abolition of poll taxes as a prerequisite for voting accomplished as speedily as possible in the five States in which the poll-tax requirement still exists, and I would prefer to see that accomplished as a result of action taken by the States themselves. However, I sincerely believe that some of the five remaining States, all of which have constitutional provisions requiring the payment of

a poll tax, would welcome the opportunity to remove the poll-tax requirement in presidential or congressional elections by ratifying such an amendment as we propose to the Federal Constitution.

I think the question has now become such a small one in terms of the area affected that the Federal Congress is justified in submitting an amendment to the Federal Constitution which I believe would result in speedy adoption by the approving action of 36 or more States and might even result in affirmative State action being taken by all of the 5 remaining poll-tax States before 36 States could act. matter of fact, when I appeared before the Senate Judiciary Committee in 1949 to comment on a bill similar to Senate Joint Resolution 25, there were 7 States in which the payment of a poll tax was required; whereas, today there are but 5.

It will be recalled that I introduced legislation similar to Senate Joint Resolution 25 in both the 81st Congress and the 82d Congress for several other southern Senators and myself. These resolutions were never acted upon by the Senate Committee on the Judiciary, to which they were referred. I call your attention to the fact that the resolution before you today was introduced by me not solely for myself but also for nine other Senators from Southern States, as follows: My colleague from Florida, Mr. Smathers; Mr. George of Georgia; Mr. Hoey and the late Mr. Smith of North Carolina; Mr. Robertson, of Virginia; Mr. Ellender and Mr. Long, of Louisiana; and Mr. McClellan and Mr. Fulbright, of Arkansas.

I deeply regret the fact that Senator Smith is no longer with us, and his presence will be sorely missed during the consideration of this legislation, but even without him there are still nine cointroducers of the amendment who expect to support it upon the floor of the Senate and to recommend the adoption of the amendment to their respective States.

Mr. Chairman, at this point I would like to insert into the record a copy of Senate Joint Resolution 25.

(The material referred to follows):

[S. J. Res. 25, 83d Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States, relating to the qualifications of electors

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. The right of citizens of the United States to vote in any primary or other election for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax or to meet any property qualification.

"SEC. 2. Nothing in this article shall be construed to invalidate any provision of law denying the right to vote to paupers or persons supported at public expense or by charitable institutions.

"SEC. 3. The Congress shall have power to enforce this article by appropriate legistation."

THE LIBRARY OF CONGRESS,
Washington, D. C., May 10, 1954.

From: Legislative Reference Service-American Law Division.
To: Hon. Spessard L. Holland.

(Attention: Mr. Golden.)

Subject: Analysis of Legal Sufficiency of Senate Joint Resolution 25, 83d Congress, 1st session.

The constitutions and statutes of the various States have been examined to determine the nature of such economic barriers to qualifying for voting as are now exercised in the States. These economic qualifications imposed by the States have been examined in the light of Senate Joint Resolution 25, introduced on January 23, 1953, proposing to amend the Federal Constitution. The proposal is designed to eliminate any requirement that a tax be paid or property be owned in order to qualify for voting for Presidential electors, United States Senators or Representatives in Congress. The amendment would apply to both primaries and general elections.

Each State generally exacts the same qualifications requisite for voting in the primary as in the general election and for voting for State as for national officers. A table indicating States wherein constitutional or statutory provisions would be affected by Senate Joint Resolution 25 is attached.

Senate Joint Resolution 25 would obviously eliminate constitutional and statutory provisions requiring payment of a poll tax for voting for Federal officers, including presidential electors, in either the primary or general election in five Southern States. The proposed amendment would also nullify a permissive poll-tax provision in Florida's constitution, even though the legislature of this State has repealed the levy. The proposed amendment would possibly require new legislation in Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont where the laws relating to registration and voting are closely integrated with poll-tax assessments or collections. Rhode Island constitutional and statutory provisions reducing the length of residence required for persons owning real estate would also be eliminated. Such a provision discriminates in favor of property owners, disqualifying nonproperty owners for a year.

A provision in South Carolina's constitution permitting a person to qualify either through ownership of property or meeting the educational requirements would be nullified.

Several of the States have constitutional provisions disqualifying for voting "Indians not taxed" or "persons under guardianship." Indians have been granted citizenship by an act of Congress, and, though that does not grant them the right to vote, yet through State court decisions Indians are generally no longer disqualified from voting. Nevertheless, those provisions relating to "Indians not taxed" and such provisions relating to "persons under guardianship" when construed to mean "Indians not taxed" would violate the proposed amendment. Although several States, by constitutional or statutory provisions, continue to deny paupers the right to vote, it would appear that these provisions would remain unaffected by Senate Joint Resolution 25.

« Zurück Weiter »

Books

Qualifications of Electors: Hearing Before a Subcommittee of the Committee ...