Morse v. Republican Party of Va., 517 U.S. 186, 29 (1996)

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214

MORSE v. REPUBLICAN PARTY OF VA.

Opinion of Stevens, J.

The distinction between a primary and a nominating convention is just another variation in electoral practices that § 5 was intended to cover. The imposition of a $45 fee on

tices. See H. R. Rep. No. 439, 89th Cong., 1st Sess., 8 (1965). In addition, during the 1970 extension of the Act, Congress heard testimony from the Director of the United States Civil Rights Commission wherein he reiterated the influence political parties continued to exercise over the electoral process in jurisdictions designated under the Act. He testified that "[s]tate legislatures and political party committees in Alabama and Mississippi have adopted laws or rules since the passage of the act which have had the purpose or effect of diluting the votes of newly enfranchised Negro voters." Hearings on Voting Rights Act Extension before Subcommittee No. 5 of the House Committee on the Judiciary, 91st Cong., 1st Sess., 17 (1969) (remarks of Mr. Glickstein), quoted in Perkins v. Matthews, 400 U. S., at 389. As examples, he introduced evidence that in 1968 the Mississippi Democratic Party persisted in its "pattern of exclusion of and discrimination against Negroes at precinct meetings, county conventions and the State convention," Hearings on Voting Rights Act Extension, 91st Cong., 1st Sess., at 18-19; that other officials "withheld information from black party members about party precinct meetings and conventions or have prevented them from participating fully," id., at 18, 43; that the Alabama Democratic Party raised candidate filing fees for some of its primaries tenfold after blacks began voting in large numbers, id., at 18, 27; and that various party executive committees refused to count votes by blacks who were not on the registration books, even if they were listed by the Federal Examiner, id., at 46, engaged in discriminatory purges of black voters, id., at 48, and misled black candidates about the requirements for running in primary elections or did not notify them of their failure to qualify until after deadlines had passed, id., at 46-47.

In his testimony, Director Glickstein summarized the more extensive findings about discriminatory electoral practices carried out by the established political parties that were set forth in a report prepared by the United States Commission on Civil Rights pursuant to congressional directive. See id., at 17-18. It concluded that, three years after passage of the Act, "in some areas there has been little or no progress in the entry and participation by Negroes in political party affairs—the key to meaningful participation in the electoral process. Some of the practices found are reminiscent of those which existed at an earlier time during Reconstruction when fear of 'Negro government' gave rise to intimidation and a number of election contrivances which finally led to disenfranchisement of the Negro citi-

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