DocketNumber： Civ. A. 1741-N
Judges： Johnson
Filed Date： 12/17/1964
Status： Precedential
Modified Date： 10/19/2024
United States District Court M. D. Alabama, N. D.
*512 Ben Hardeman, U. S. Atty, Montgomery, Ala., Jonathan B. Sutin and Arvid A. Sather, Attys., Dept. of Justice, Washington, D. C., for plaintiff.
Richmond M. Flowers, Atty. Gen. of Alabama, Leslie Hall, Asst. Atty. Gen., of Alabama, and D. W. Crosland, Sol., Fifteenth Judicial Circuit, State of Alabama, Montgomery, Ala., for defendants.
JOHNSON, District Judge.
This action was originally instituted in August, 1961, by the Attorney General of the United States in the name of the United States pursuant to the provisions of Part IV of the Civil Rights Act of 1957 (42 U.S.C.A. § 1971, 71 Stat. 637) as amended by the Civil Rights Act of 1960 (74 Stat. 90). The State of Alabama was joined as a party defendant pursuant to Section 601(b) of the Civil Rights Act of 1960; the individual defendants were joined as members of the Board of Registrars of Montgomery County, Alabama.
Upon the original submission of this cause, this Court, sitting without a jury, on consideration of the evidence, consisting of the oral testimony of over 175 witnesses, together with approximately 13,000 exhibits, made and entered findings of fact and conclusions of law, and, as authorized by Rule 52, Federal Rules of Civil Procedure, incorporated those findings and conclusions in a memorandum opinion; this opinion is published as United States v. Penton, 212 F. Supp. 193 (M.D.Ala.1962). At that time this Court found that the defendant State and its agents, including the registrars of Montgomery County, Alabama, had deliberately and consistently engaged in procedures and practices which favored white applicants to vote and, pursuant to these procedures and practices, had discriminated against Negro applicants to vote in Montgomery County, Alabama. This Court found that this discrimination was in violation of the Fourteenth and Fifteenth Amendments to the Constitution of the United States in that it involved procedures and practices designed to deny (and which were effective in denying) citizens the right to vote without regard to race or color. United States v. Raines, 362 U.S. 17, 80 S. Ct. 519, 4 L. Ed. 2d 524; United States v. Thomas, 362 U.S. 58, 80 S. Ct. 612, 4 L. Ed. 2d 535; and United States v. State of Alabama, 192 F. Supp. 677 (M.D.Ala. 1961), 304 F.2d 583 (5th Cir. 1962), affirmed by the Supreme Court of the United States, 371 U.S. 37, 83 S. Ct. 145, 9 L. Ed. 2d 112 (1962).
In the original opinion as made and entered in this case, this Court further found that under the Civil Rights Act of 1957, as amended in 1960, where a finding of discrimination had been made and where such discrimination had resulted in a deprivation of voting rights pursuant to a pattern and practice, the Negro applicants who had thus been deprived of their right to vote might apply to the Federal court to be registered and, further, that in determining whether such applicants were qualified, the Court must apply the same standards used by the Board of Registrars in qualifying white applicants during the period within which the pattern of discrimination had been found to exist. This Court therefore found it necessary to determine exactly what those standards were as used by the Montgomery County Board of Registrars in registering white applicants. After determining those standards and applying the same standards to Negro applicants, this Court held that by the Board's use of different and more stringent standards certain Negro applicants had been denied the right to register solely because of their color, and, *513 upon this finding, it was specifically ordered that specified Negro applicants be registered by the Board of Registrars of Montgomery County, Alabama. The original decree issued in this case was designed to accomplish three purposes:
"1. To partially correct and rectify the effects of the Board's past discriminatory practices by placing on the registration rolls immediately the Negro citizens who were rejected solely on account of their race;
"2. To forbid the continuation of such discriminatory practices;
"3. To establish the actual ``qualification standards' under which the Board of Registrars has accepted white applicants in the past and to set forth the rules and standards which the Board is to follow in determining whether applicants are qualified to register to vote in Montgomery County, Alabama. Such a decree will facilitate registration under the federal referee provisions of the Civil Rights Act if future conduct by the defendants makes this course necessary."
Subsequent to this Court's original opinion and injunction, the United States on June 13, 1963, filed a motion requesting the issuance of an order appointing voting referees for Montgomery County and ordering the defendant registrars to register certain named rejected Negro applicants. Upon the hearing of this motion, a decision was reserved, and this motion is still under submission. On July 2, 1964, the United States filed another motion, wherein this Court is requested to enjoin the defendants from:
"[R]ejecting any applicant on the ground that he failed to complete satisfactorily one or more of the tests provided for in Part III of the application presently being used in the registration of voters in Montgomery County, Alabama."
The United States also seeks an order requiring the defendant registrars to place upon the permanent voter registration rolls of Montgomery County, Alabama, certain Negro applicants whose applications, according to the motion, show them to be qualified to vote under the law of Alabama and the decree of this Court; in addition, the United States has renewed its prior motions. Therefore, upon this submission, the total period involved in the application of the United States for an order requiring the defendants to place upon the permanent voter registration rolls of Montgomery County, Alabama, those Negro applicants for registration who are qualified but have been rejected is from December, 1962 to July, 1964.
On August 10, 1964, the defendants filed a motion asking this Court to dismiss and discharge the injunction issued on November 20, 1962, for the reasons (1) that more than one year has expired since the issuance of the injunction and that since that time the defendants have not engaged in any pattern or practice to deprive, on account of race or color, any citizen of the United States of the right to vote who is otherwise qualified to vote; (2) that an adequate time has been provided for those Negroes who desire to register and complete their registration during the period from November 20, 1962, through April 1, 1964; (3) that the registration requirements have been "frozen" for a reasonable or adequate period of time; (4) that there has been no pattern or practice of discrimination against Negro registrants since the issuance of the injunction on November 20, 1962, and this Court lacks jurisdiction to continue the injunction; (5) that the provisions of Title 42, § 1971, provide that said injunction issued by the Court on November 20, 1962, should not remain in effect for more than one year unless the Court subsequently finds that such pattern or practice is continued; and (6) that the Congress of the United States contemplates that no injunction should issue against *514 the Board for a period in excess of one year unless a pattern or practice of discrimination against Negroes continues.
This cause was submitted on these issues. Upon consideration of the evidence, consisting of the oral testimony of several witnesses, including the testimony of the present chairman of the Board of Registrars, together with the registration records showing the action of the Montgomery County Board of Registrars since September 16, 1963, and the briefs and arguments, this Court now proceeds to make and enter the appropriate findings of fact and conclusions of law, and, as authorized by Rule 52, Federal Rules of Civil Procedure, incorporates those findings and conclusions in this memorandum opinion.
The requirements and procedures for registration and voting in Alabama are contained in the Constitution of Alabama of 1901, Article VIII, Sections 177-196, and in the Code of Alabama, Title 17, Sections 1-432. Under the law, the Board of Registrars has a duty to register qualified applicants as expeditiously as possible. As stated above, this Court in its opinion rendered originally in this case on November 20, 1962, United States v. Penton, supra, found that for white persons the registration application was not used by the Montgomery County Board of Registrars as an examination or test and that the Board, in compliance with the Alabama law, had certain substantive qualifications that were applied to white applicants. These qualifications, as stated in this Court's prior order, were and are:
1. The applicant must be a citizen and twenty-one years of age or older;
2. The applicant must have resided in the State one year, in the county six months and in his voting precinct three months prior to any election in which he seeks to vote;
3. The applicant must be able to read and write;
4. The applicant must be of good character and he must embrace the duties and obligations of citizenship;
5. The applicant is disqualified from voting if he is an idiot or insane person, or if he has been convicted of any of several enumerated crimes.
According to the specific findings of this Court, white applicants were not rejected for inability to read or write if they were able to fill in the application form. As to Negro applicants, this Court found that the Board:
"Used the questionnaire to obtain substantive information regarding the applicant's qualifications for registering and also as a tricky examination or test. If a Negro applicant failed to meet the standard required of him, he was denied registration regardless of whether the error or omission on the form was formal, technical, or inconsequential."
This Court in its prior order has specifically enjoined the defendants from using different and more stringent qualification requirements for registration than those requirements of State law used by the Board in registering white persons between 1956 and January, 1962, and the defendants have been enjoined from:
"Using a form of application or questionnaire different from and more stringent than that used in registering persons between 1956 and January 3, 1962."
Upon the original submission of this case, the evidence reflected that the Montgomery County Board of Registrars was using a four-page application form, which was prescribed by the Supreme Court of Alabama. On January 14, 1964, the Supreme Court of Alabama prescribed a new application form that was to be used by the several Boards of Registrars throughout the State in conducting voter registration. This new five-page application form was first used by the Montgomery County Board on March 16, 1964, and consists of six *515 parts. Part I contains background information about the applicant and is to be filled out by the Board. Part II contains questions concerning personal and background information about the applicant. A major departure from the old form, and the procedure formerly followed, is in Part III. In this part the applicant is required to answer questions on government, to read from a section of the United States Constitution and to write, or copy, excerpts from the Constitution. The supplemental order of the Alabama Supreme Court setting forth the contents of each test to be used is set out in full in Appendix "A" to this opinion. The contents of the Part III test are to be changed each month. Part IV of the new application contains the loyalty oath. Part V relates to the action taken by the Board, and Part VI is the examination of the supporting witness; Part VI has not been and is not now being used by the Montgomery County Board.
As stated above, this Court has enjoined the defendants from using qualification requirements and/or tests different from and more stringent than the substantive requirements used by the Board in registering white persons during the period in which the discrimination was found to have existed. The defendants have also been enjoined from using the application as an examination or test a practice which has resulted in applicants being rejected for technical and inconsequential errors and omissions. The evidence in this case as now presented upon the pending motions, leads this Court to the inevitable conclusion that the Part III test as prescribed by the Supreme Court of Alabama and as used by the Montgomery County Board of Registrars since March 16, 1964, consists of qualifications different from and more stringent than those used in registering white persons between 1956 and January, 1962. This conclusion is made inevitable by the uncontradicted evidence that for the first time in voter registration in Montgomery County, Alabama, applicants for registration are required to answer questions on government. Prior to July 2, 1964, the effective date of the 1964 Civil Rights Act, applicants were required to read aloud and write from dictation excerpts from the United States Constitution in order to prove that they were literate; during the period of discrimination, that is, between 1956 and January, 1962, no such tests were used. Such testing, by the use of questions on government, provides a new and different subject of examination and provides questions of a different type not before used. These Part III questions seek to test the applicants' knowledge of various aspects of government, including the names of elected officials; nowhere in the old application form was this type of question used. The Part III reading tests when they were being used required the applicants to pronounce correctly words that were not on the old application forms. The applicants were required to read and pronounce correctly such words as "delegated," "prohibited," "respectively," "construed," "apportioned," "enumeration," "ordain," and "affirmation."
After July 2, 1964, the Montgomery County Board stopped requiring applicants to read aloud and interpret the excerpts from the Constitution. The cessation of this requirement was in compliance with that portion of the Civil Rights Act of 1964 (Public Law 88-352) that such tests, to prove literacy, must be wholly in writing. Since July 2, 1964, the Board has required applicants to write by copying excerpts on the Part III form. The Board now uses as one of the bases for rejecting Negro applicants their failure to write satisfactorily excerpts from the Constitution. There is no question that the practice followed by this Board up until July 2, 1964, of requiring applicants to write from dictation, had the inevitable effect of subjecting these applicants to technical standards to which white applicants in the past had not been subjected. These practices violate the Civil Rights Act and the Fourteenth and Fifteenth Amendments to the Constitution of the United *516 States. In this connection, see United States v. State of Louisiana, D.C., 225 F. Supp. 353; Davis v. Schnell, D.C., 81 F. Supp. 872, aff'd 336 U.S. 933, 69 S. Ct. 749, 93 L. Ed. 1093. The writing test, as now used, contains the same defect of subjectivity and nonuniformity of standards as the reading test.
The statistical evidence standing alone proves that the new test is more difficult than any of the tests previously used by the Montgomery County Board. After the defendants began using the Part III test, the percentage of rejected Negro applicants rose sharply. In the five and one-half month period immediately prior to March 16, 1964, 19 percent of the Negro applicants were rejected. During the period March 16, 1964, to August 1, 1964, when the Part III test was being used, 34 percent were rejected. This change is clearly demonstrated by the following statistical table:
ACCEPTED AND REJECTED APPLICATIONS OF WHITE AND NEGRO APPLICANTS October 1, 1963, through July 31, 1964 Total Accepted Rejected Percent Applied Rejected W N W N W N W N October, 1963 W 95 82 13 13.7 N 106 80 26 24.5 -------------------------------------------------------------------------- November, 1963 W 251 217 34 13.5 N 135 114 21 15.6 -------------------------------------------------------------------------- December, 1963 W 695 625 69 9.9 N 76 61 15 19.7 -------------------------------------------------------------------------- January, 1964 W 1328 1205 121 9.1 N 253 207 45 17.8 -------------------------------------------------------------------------- February, 1964 W 75 63 12 16.0 N 36 24 12 33.3 -------------------------------------------------------------------------- March 2, 1964 W 26 26 0 0 N 28 24 4 14.3 -------------------------------------------------------------------------- March 16, 1964 W 46 44 2 4.3 N 28 28 0 0 -------------------------------------------------------------------------- April, 1964 W 245 241 4 1.6 N 279 198 80 28.7 -------------------------------------------------------------------------- May, 1964 W 29 29 0 0 N 12 11 1 8.3 -------------------------------------------------------------------------- June, 1964 W 98 98 0 0 N 111 75 36 32.4 -------------------------------------------------------------------------- July, 1964 W 96 94 2 2.1 N 207 105 102 49.3 -------------------------------------------------------------------------- TOTAL W 2984 2724 257 8.6 N 1271 927 342 26.9 ---------------------------------------------------------------------------
It follows, therefore, that since the November 20, 1962, decree the Board of Registrars for Montgomery County has continued to engage in a pattern and practice of discrimination against Negro applicants. These patterns and practices are in violation of this Court's injunction and of the Federal and State laws. The effect of the Board's continued practices is to reject qualified Negro applicants for technical and inconsequential errors and omissions. The effect is also to subject the current Negro applicants to different and more stringent technical *517 standards and requirements than those used for the registration of white applicants in the past. The Montgomery County Board of Registrars' continued use of these different and more stringent standards results in discrimination against Negroes by "freezing" the white voters in the permanent status and "freezing" the Negro applicants out. The law is clear that where such illegal discrimination has worked inequality on a class of citizens and the Court puts an end to such practice, but a new standard is adopted before the discriminated against class may have the effect of their discrimination eradicated, the use of the new and more stringent standard is violative of 42 U.S.C. § 1971(a) and the Fourteenth and Fifteenth Amendments to the Constitution of the United States. United States v. Duke, 332 F.2d 759 (5th Cir. 1964). See also this Court's opinion in United States v. Cartwright, D.C., 230 F. Supp. 873 (June 1964).
The evidence in this case reflects that because of the continued pattern and practice of discrimination on the part of the Montgomery County Board of Registrars, the injunction as issued by this Court in November, 1962, has not corrected the effects of the past discrimination against Negro applicants for registration. From the date the original injunction in this case was issued to March 2, 1964, there has been a continued use of the old application form by the Montgomery County Board to reject qualified Negro applicants for technical and inconsequential errors and omissions. Since that date, the new application form not only has been used as a means for continuing the rejection of qualified Negro applicants for technical and inconsequential errors and omissions, but has constituted a different and more stringent test than that used by the Board during the period when the standards were determined by this Court in its original opinion. Furthermore, the evidence is clear that since the issuance of the original order and continuing up until the time of the hearing, applicants have been and are still being required to wait in line for unreasonable periods of time in order to apply for registration to vote in Montgomery County, Alabama.
The injunction as originally issued in this case upon the basis of the opinion of this Court in United States v. Penton, 212 F. Supp. 193 (Nov. 20, 1962), is a permanent one, authorized under 42 U.S.C. § 1971(c), and was designed to prevent discrimination in voter registration in Montgomery County, Alabama, on account of race. Since the Board has not only failed to correct the effects of past discrimination, but has continued to engage in acts and practices of discrimination since the original decree, the injunction as originally issued should remain in force and effect; in addition, it should be made clear that the use of Part III is considered by this Court to be a test more stringent than any the white applicants to register of Montgomery County, Alabama, were subjected to during the initial period under consideration by this Court. This Court is cognizant of the observation by the United States Court of Appeals for the Fifth Circuit in United States v. Duke, supra, that a period of one year after the date of the trial court's order should be an adequate time for those Negroes who desire to register to do so; and, as the appellate court did in the Duke case, this Court sees no reason why that part of this Court's injunction prohibiting the use of different and more stringent standards cannot be eliminated after the pattern and practice of discrimination ceases and after a reasonable opportunity to register to vote is afforded all citizens without regard to race or color. However, we are not at this time dealing with court action qualifying persons to vote, but are dealing with Board action in failing to register qualified applicants and in failing to afford qualified applicants a reasonable opportunity for a reasonable period of time. This Court does not understand that the Court of Appeals in United States v. Duke, supra, or the Congress in 42 U.S.C. § 1971(e) intended the one year "suggested" period to *518 apply where, as here, the discrimination has continued to exist since the original finding of discrimination and the issuance of the original decree. In order to eliminate the effect of past discrimination against Negro applicants to register in Montgomery County, Alabama, there can be set no time limit until an adequate opportunity has been afforded those desiring to register. There has been no such opportunity here, either as to the standards and requirements or as to time afforded. It follows, therefore, that the injunction issued in this case is to continue in full force and effect for a reasonable period of time after the pattern and practice of discrimination has ceased to exist.
Even though there has been a long history of discrimination in voter registration in Montgomery County, Alabama, and even though the pattern and practice of discrimination has continued to exist since the issuance of the original injunction in this case, this Court does not, as yet, see any need to appoint federal voting referees for Montgomery County, Alabama. This is true since affirmative relief was afforded this plaintiff in the original order of this Court made and entered in this case on November 20, 1962, by requiring the registrars to place upon the current and permanent registration rolls of Montgomery County, Alabama, the names of the Negro citizens of Montgomery County, Alabama, who had applied for registration and were qualified to be registered, but had been rejected because of their race. The evidence in this case, upon this present submission, reflects the names of additional Negro citizens of Montgomery County, Alabama, who have applied for registration and are qualified to be registered, but have been rejected because of their color; a good number of these Negro citizens are veterans; a substantial number are high school graduates; some are college graduates and several are school teachers. In the formal order to be issued in this case, this Court will (as it did in the original decree) direct that the defendants place upon the current permanent registration rolls the names of these Negro citizens; these names are listed in Appendix "B" attached hereto and incorporated herein.[*] A review of the applications for registration by the Court indicates and, as stated, the evidence in this case reflects that the Negro applicants who will be registered by order of this Court have been denied registration solely on account of their race or color. In this connection, this Court specifically finds that each of said applicants was at the time of his application qualified to register to vote under the Alabama law and under the practice and procedures followed by the Board of Registrars of Montgomery County in regard to white applicants. It follows, therefore, that each of said Negro applicants listed in said appendix was qualified to register at the time of the filing of his application and that each such applicant is to be registered unless he has been subsequently registered, has become deceased, or posessed with some disqualification to register to vote since the date of his application.
This Court will enter a formal order in this case denying the motion of the United States which seeks to have federal voting referees appointed for Montgomery County, Alabama; denying the motion of the defendants which seeks to have dissolved the original injunction issued in this case; granting the motion of the United States in part and denying said motion in part wherein it seeks to have certain named Negro applicants ordered registered; and granting the motion of the United States which asks this Court to amend its original decree to enjoin the defendants from rejecting any applicant for registration to vote on the ground that he failed to complete satisfactorily any part of the Part III insert in the application presently being used in the registration of voters in Montgomery County, Alabama.
SUPPLEMENTAL ORDER OF THE SUPREME COURT OF ALABAMA
IN RE: APPLICATION FOR REGISTRATION QUESTIONNAIRE AND OATH
WHEREAS, heretofore on the 29th day of March, 1960, this Court prescribed the form and content of a questionnaire and oath to aid the members of boards of registrars, all as set forth in the order made and entered on the date aforesaid; and
WHEREAS, the Legislature of Alabama has enacted Act No. 92, approved July 26, 1961. Acts of Alabama, 1961, Vol. I, page 107; which provides for the filing of twelve sets of questions so that a different questionnaire may be used each month;
NOW, THEREFORE, in compliance with Section 181 of the Constitution of Alabama of 1901, as amended, and said Act No. 92, it is ordered by the Supreme Court of Alabama, as follows:
The questionnaire, omitting Insert Part III which is to be inserted as hereinafter provided for, shall be as follows:
APPLICATION FOR REGISTRATION QUESTIONNAIRE AND OATHS PART I (This is to be filled in by a member of the Board of Registrars or a duly authorized clerk of the board. If applicant is a married woman, she must state given name by which she is known, maiden surname, and married surname, which shall be recorded as her full name.) Full name: _______________________ Last First Middle Date of birth: _________ Sex ______ Race ___________ Residence Address: ______________ Mailing Address: ________________ Voting Place: Precinct ________ Ward ________ District ________ Length of Residence: In State ____________ County ______________ Precinct, ward or district ____________ Are you a member of the Armed Forces? ____________________ Are you the wife of a member of the Armed Forces? _____________________ Are you a college student? _________ If so, where ______________________ Have you ever been registered to vote in any other state or in any other county in Alabama? _________ If so, when and in what state and county and, if in Alabama, at what place did you vote in such county? ________________________ _____________________________________ Highest grade, 1 to 12, completed ______ Where ___________________________ Years college completed _______________ Where ______________________________ PART II (To be filled in by the applicant in the presence of the Board of Registrars without assistance.) I, ___________________________, do hereby apply to the Board of Registrars of __________________ County, State of Alabama, to register as an elector under the Constitution and laws of the State of Alabama and do herewith submit my answers to the interrogatories propounded to me by the board. ____________________________ (Signature of Applicant) 1. Are you a citizen of the United States? _______________________ 2. Where were you born? _____________ 3. If you are a naturalized citizen, give number appearing on your naturalization papers and date of issuance ____________________________________ ___________________________________ 4. Have you ever been married? ______ If so, give the name, residence and place of birth of your husband or wife ___________________________ ________________________________ Are you divorced? ______________ 5. List the places you have lived the past five years, giving town or county and state _________________________ ____________________________________ ____________________________________
*520
6. Have you ever been known by any
name other than the one appearing
on this application? ______ If so,
state what name ________________
7. Are you employed? ________ If so,
state by whom. (If you are self-employed,
state this.) _______________
_____________________________
8. Give the address of your present
place of employment _______________
_________________________________
9. If, in the past five years, you have
been employed by an employer other
than your present employer, give
name of all employers and cities and
states in which you worked ________
___________________________________
___________________________________
10. Has your name ever been stricken for
any reason from any list of persons
registered to vote? ________ If so,
where, when, and why? ____________
__________________________________
11. Have you previously applied for and
been denied registration as a voter?
_________________ If so, when and
where? ___________________________
__________________________________
12. Have you ever served in the Armed
Forces? _______ If so, give dates,
branch of service, and serial number.
_____________________________________
_____________________________________
13. Have you ever been dishonorably
discharged from military service?
_____________
14. Have you ever been declared legally
insane? _________ If so, give details.
___________________________________
___________________________________
15. Give names and addresses of two
persons who know you and can verify
statements made above by you
relative to your residence in this
state, county and precinct, ward or
district _________________________
__________________________________
16. Have you ever seen a copy of this
registration application form before
receiving this copy today? __________
If so, when and where? _____________
____________________________________
17. Have you ever been convicted of any
offense or paid any fine for violation
of the law? __________ (Yes or
No) If so, give the following information
concerning each fine or
conviction; charge, in what court
tried, fine imposed, sentence, and, if
paroled, state when, and if pardoned,
state when. (If fine is for
traffic violation only, you need write
below only the words "traffic violation
only.")
_____________________________________
_____________________________________
_____________________________________
_____________________________________
(Remainder of this form is to be filled
out only as directed by an individual
member of the Board of Registrars.)
PART III
Part III of this questionnaire shall consist
of one of the forms which are Insert
Part III as herein below set out. The
insert shall be fastened to the questionnaire.
The questions set out on the insert
shall be answered according to the
instructions therein set out. Each applicant
shall demonstrate ability to read
and write as required by the Constitution
of Alabama, as amended, and no person
shall be considered to have completed this
application, nor shall the name of any applicant
be entered upon the list of registered
voters of any county until after
such Inserted Part III of the questionnaire
has been satisfactorily completed
and signed by the applicant.
-----------------------------
PLEASE INSERT PART III HERE
-----------------------------
PART IV
OATHS
STATE OF ALABAMA
_______________ COUNTY
Before me, ________________________
a registrar in and for said county and
state, personally appeared ___________
______________________________________
an applicant for registration as an elector,
who being first duly sworn deposes
and says:
"I do solemnly swear (or affirm) that
the foregoing answers to the interrogatories
*521
are true and correct to the best of
my knowledge, information and belief. I
do further personally swear (or affirm)
that I will support and defend the Constitution
of the United States and the
Constitution of the State of Alabama;
that I do not believe in nor am I affiliated
with any group or party which advocated
or advocates the overthrow of the United
States or the State of Alabama by unlawful
means. I do further solemnly swear
(or affirm) that in the matter of this application
for registration I have spoken
the truth, the whole truth and nothing
but the truth, so help me God."
___________________________
(Signature of Applicant)
Sworn to and subscribed before me this
the ______ day of ______, 19___.
___________________________
(Signature of Board Member)
Explanation and Remarks
Board members interviewing applicants
may place here any special explanations,
such as residence status, or other remarks
for purposes of clarification. If person is
blind or is otherwise physically handicapped
to such an extent that he cannot
fill out this application form, the circumstances
are to be recorded here, along
with an explanation of the method used to
determine if the person is, in fact, literate
and can spell words and recognize
those spelled to him, or can read large
black letters and words in the case of persons
with slight handicaps. _________________
________________________________________
________________________________________
________________________________________
________________________________________
PART V
Action of the Board
STATE OF ALABAMA
_________________ COUNTY
The applicant, __________________________,
appeared before the board of registrars
for said state and county in a regular
session and executed the foregoing application
in the manner prescribed by law.
The Board, having further examined said
applicant under oath, touching his qualifications
under Section 181, Constitution
of Alabama, as amended, and having fully
considered the foregoing application for
registration, questionnaire and oaths, adjudges
said applicant entitled to be registered
and he was duly registered this
the __________ day of ______________, 19___.
Signed: _________________________
Chairman
_________________________
Member
_________________________
Member
(NOTE: The act of actually determining
an applicant entitled to be registered
is judicial. A majority of the Board must
concur. A majority must be present.
The power cannot be delegated. Each
member must vote on each application.
Not until this is done may a certificate
be issued the applicant.)
The Applicant, __________________________,
due to the failure to meet the requirements
of state law for registration as an
elector, is hereby rejected on this the
_________ day of ____________, 19___.
Signed: ___________________
Chairman
___________________
Member
___________________
Member
PART VI
Examination of Supporting Witness
(The witness shall be placed under oath
to tell the truth, the person administering
the oath being a Board member
or other person authorized to administer
oaths and acting under the direction
of the Board.)
Name of Witness __________________
Address __________________________
Place of Voting __________________
"I have known the applicant _________
_____________ for _________ years and
__________ months and I have personal
knowledge that his place of residence
is __________________________________
_____________________________________
and that he has resided in the State of
Alabama at least one year and in
*522
_________ County for at least six
months."
________________________
Signature of Witness
Sworn to and subscribed before me this
the _________ day of ___________, 19___.
_____________________________
(Person Administering Oath)
Date _______________________
Insert Part III shall be in twelve different
forms as follows:
INSERT PART III(1)
(The following questions shall be answered
by the applicant without assistance.)
1. What city is the capital of the United
States? _________________________________
2. How many states are there in the
United States? __________________________
3. How many senators from each state
are in the United States Senate? ________
4. The president of the United States is
elected for a term of how many
years? ______________
-----------------------------------------
INSTRUCTION "A"
The applicant will complete the remainder
of this questionnaire before a Board
member and at his instructions. The
Board member shall have the applicant
read any one or more of the following excerpts
from the U. S. Constitution using
a duplicate form of this Insert Part III.
The Board member shall keep in his possession
the application with its inserted
Part III and shall mark thereon the
words missed in reading by the applicant.
-----------------------------------------
Excerpts from the Constitution
1. "The powers not delegated to the
United States by the constitution, nor
prohibited by it to the states, are reserved
to the states respectively, or to
the people."
2. "The judicial power of the United
States shall not be construed to extend to
any suit in law or equity, commenced or
prosecuted against one of the United
States by citizens of another state, or
by citizens or subjects of any foreign
state."
3. "Representatives shall be apportioned
among the several states according
to their respective numbers, counting
the whole number of persons in each
state, excluding Indians not taxed."
4. "The congress shall have power
to lay and collect taxes on incomes, from
whatever source derived, without apportionment
among the several states, and
without regard to any census or enumeration."
_____________________________________________
INSTRUCTION "B"
The Board member shall then have the applicant
write several words, or more if
necessary to make a judicial determination
of his ability to write. The writing
shall be placed below so that it becomes a
part of the application. If the writing
is illegible, the Board member shall write
in parentheses beneath the writing the
words the applicant was asked to write.
HAVE APPLICANT WRITE HERE,
DICTATING WORDS FROM THE
CONSTITUTION.
___________________________________
___________________________________
___________________________________
Signature of Applicant: ___________
xxxxxxxxx
INSERT PART III(2)
(The following questions shall be answered
by the applicant without assistance.)
1. What city is the capital of Alabama?
________________________________
2. How old must a person be in order
to be eligible to vote in Alabama?
___________
3. What is the lawmaking body of the
United States called? ______________
4. The Constitution of the United States
provides that Congress shall make no
law respecting an establishment of
religion, or prohibiting the free exercise
thereof. (True or false) _______
----------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
*523
PLACE IN INSERT PART
III (1)
_____________________________
Excerpts from the Constitution
1. "The house of representatives shall
be composed of members chosen every
second year by the people of the several
states, and the electors in each state
shall have the qualifications requisite for
electors of the most numerous branch
of the state legislature."
2. "Each state shall appoint, in such
manner as the legislature thereof may
direct, a number of electors, equal to
the whole number of senators and representatives
to which the state may be
entitled in the congress; but no senator
or representative, or person holding an
office of trust or profit under the United
States, shall be appointed an elector."
3. "The judicial power of the United
States, shall be vested in one supreme
court, and in such inferior courts as the
congress may from time to time ordain
and establish."
4. "The senators and representatives
before mentioned, and the members of
the several state legislatures, and all executive
and judicial officers, both of the
United States and of the several states,
shall be bound by oath or affirmation, to
support this constitution."
_________________________________________
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III(1).
-----------------------------------------
-----------------------------------------
-----------------------------------------
Signature of Applicant: _________________
xxxxxxxxx
INSERT PART III (3)
(The following questions shall be answered
by the applicant without assistance.)
1. In what town or city is the court-house
located in this county? __________
2. How many stars are there in the
United States Flag? ________________
3. What is the lawmaking body of Alabama
called? ____________________________
4. Those who shall be convicted of any
crime punishable by imprisonment in
the state penitentiary shall be disqualified
from voting in Alabama.
(True or false) ___________
---------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_______________________________________
Excerpts from the Constitution
1. "The congress shall have power
to dispose of and make all needful rules
and regulations respecting the territory
or other property belonging to the United
States; and nothing in this constitution
shall be so construed as to prejudice
any claims of the United States, or
of any particular state."
2. "The ratification of the conventions
of nine states, shall be sufficient for
the establishment of this constitution
between the states so ratifying the
same."
3. "The electors shall meet in their
respective states, and vote by ballot for
president and vice-president, one of
whom, at least, shall not be an inhabitant
of the same state with themselves."
4. "The person having the greatest
number of votes as vice-president, shall
be the vice-president, if such number be
a majority of the whole number of electors
appointed, and if no person have a
majority, then from the two highest numbers
on the list, the senate shall choose
the vice-president; a quorum for the
purpose shall consist of two-thirds of the
whole number of senators, and a majority
of the whole number shall be necessary
to a choice."
-------------------------------------
*524
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
---------------------------------
---------------------------------
---------------------------------
Signature of Applicant: _________
xxxxxxxxx
INSERT PART III (4)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the chief executive of the
United States called? _______________
2. Name the two major political parties
in the United States.
_______________________________________
3. Who coins money, the state or the
United States? _____________________
____________________________________
4. If the president dies, who takes his
place? _______________________________
______________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
______________________________________
Excerpts from the Constitution
1. "The times, places, and manner of
holding elections for senators and representatives,
shall be prescribed in each
state by the legislature thereof; but the
congress may at any time by law make
or alter such regulations, except as to
the places of choosing senators."
2. "Treason against the United States,
shall consist only in levying war against
them, or in adhering to their enemies,
giving them aid and comfort."
3. "All legislative powers herein
granted shall be vested in a congress of
the United States, which shall consist of a
senate and house of representatives."
4. "The senators and representatives
before mentioned, and the members of
the several state legislatures, and all executive
and judicial officers, both of the
United States and of the several states,
shall be bound by oath or affirmation,
to support this constitution; but no religious
tests shall ever be required as a
qualification to any office or public trust
under the United States."
------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
----------------------------------
----------------------------------
----------------------------------
Signature of Applicant: __________
xxxxxxxxx
INSERT PART III (5)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the chief executive of Alabama
called? _______________________
2. Are post offices operated by the state
or federal government? _________________
3. What is the name of the president
of the United States? ______________
4. To what national lawmaking body
does each state send senators and
representatives? ___________________
____________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
____________________________________
Excerpts from the Constitution
1. "The right of the people to be secure
in their persons, houses, papers, and
effects, against unreasonable searches and
seizures, shall not be violated, and no
warrants shall issue, but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to
be searched, and the persons or things
to be seized."
2. "Representatives shall be apportioned
among the several states according
*525
to their respective numbers, counting the
whole number of persons in each state,
excluding Indians not taxed."
3. "Treason against the United States,
shall consist only in levying war against
them, or in adhering to their enemies,
giving them aid and comfort."
4. "The senators and representatives
before mentioned, and the members of
the several legislatures, and all executive
and judicial officers, both of the United
States and of the several states, shall be
bound by oath or affirmation, to support
this constitution."
________________________________________
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
____________________________________
____________________________________
____________________________________
Signature of Applicant: ____________
xxxxxxxxx
INSERT PART III (6)
(The following questions shall be answered
by the applicant without assistance.)
1. How many senators from each state
are in the United States Senate?
__________
2. The president of the United States
is elected for a term of how many
years? ___________
3. What is the name of the governor
of Alabama? ___________________
4. Of what political party is the president
of the United States a member?
---------------
--------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
---------------------------------------
Excerpts from the Constitution
1. "The judicial power of the United
States, shall be vested in one supreme
court, and in such inferior courts as the
congress may from time to time ordain
and establish."
2. "All bills for raising revenue shall
originate in the house of representatives;
but the senate may propose or
concur with amendments as on other
bills."
3. "Every bill which shall have passed
the house of representatives and the
senate, shall, before it becomes a law,
be presented to the president of the United
States."
4. "The times, places, and manner of
holding elections for senators and representatives,
shall be prescribed in each
state by the legislature thereof; but the
congress may at any time by law make
or alter such regulations, except as to
the places of choosing senators."
----------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_________________________________
_________________________________
_________________________________
Signature of Applicant: _________
xxxxxxxxx
INSERT PART III (7)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the lawmaking body of the
United States called? ____________
2. The Constitution of the United States
provides that Congress shall make no
law respecting an establishment of
religion, or prohibiting the free exercise
thereof.
(True or false) ____________
3. Name one of the United States senators
from Alabama.
_________________
4. When residents of a city elect their
officials, the voting is called a municipal
election. (True or false) ________
__________________________________
*526
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_____________________________
Excerpts from the Constitution
1. "The judicial power of the United
States shall not be construed to extend
to any suit in law or equity, commenced
or prosecuted against one of the United
States by citizens of another state, or
by citizens or subjects of any foreign
state."
2. "The powers not delegated to the
United States by the constitution, nor
prohibited by it to the states, are reserved
to the states respectively, or to
the people."
3. "The ratification of the conventions
of nine states, shall be sufficient for
the establishment of this constitution
between the states so ratifying the same."
4. "The congress shall have power to
dispose of and make all needful rules and
regulations respecting the territory or
other property belonging to the United
States; and nothing in this constitution
shall be so construed as to prejudice
any claims of the United States, or
of any particular state."
--------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_______________________________
_______________________________
_______________________________
Signature of Applicant: _______
xxxxxxxxx
INSERT PART III (8)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the lawmaking body of Alabama
called? ________________________
2. Those who shall be convicted of any
crime punishable by imprisonment
in the state penitentiary shall
be disqualified from voting in Alabama.
(True or false) _________
3. How many states are in the United
States? _____________________
4. What city is the capital of the United
States? ______________________
---------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_________________________________
Excerpts from the Constitution
1. "The electors shall meet in their
respective states, and vote by ballot for
president and vice-president, one of
whom, at least, shall not be an inhabitant
of the same state with themselves."
2. "The congress shall have power to
lay and collect taxes on incomes, from
whatever source derived, without apportionment
among the several states, and
without regard to any census or enumeration."
3. "Each state shall appoint, in such
manner as the legislature thereof may
direct, a number of electors, equal to the
whole number of senators and representatives
to which the state may be
entitled in the congress; but no senator
or representative, or person holding an
office of trust or profit under the United
States, shall be appointed an elector."
4. "Every bill which shall have passed
the house of representatives and the
senate, shall before it becomes a law,
be presented to the president of the United
States."
-------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
_______________________________
_______________________________
_______________________________
Signature of Applicant: _______
xxxxxxxxx
*527
INSERT PART III (9)
(The following questions shall be answered
by the applicant without assistance.)
1. Who coins money, the state or the
United States? __________________
2. If the president of the United States
dies, who succeeds to the presidency?
___________________
3. What city is the capital of Alabama?
______________
4. How old must a person be to vote in
Alabama? ___________________
_________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
---------------------------------
Excerpts from the Constitution
1. "The house of representatives shall
be composed of members chosen every
second year by the people of the several
states, and the electors in each state shall
have the qualifications requisite for electors
of the most numerous branch of
the state legislature."
2. "The judicial power of the United
States, shall be vested in one supreme
court, and in such inferior courts as the
congress may from time to time ordain
and establish."
3. "Treason against the United States,
shall consist only in levying war against
them, or in adhering to their enemies,
giving them aid and comfort."
4. "All legislative powers herein
granted shall be vested in a congress of
the United States, which shall consist of
a senate and house of representatives."
_________________________________
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
---------------------------------
---------------------------------
---------------------------------
Signature of Applicant: _________
xxxxxxxxx
INSERT PART III (10)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the name of the president of
the United States? _________________
2. To what national lawmaking body
does each state send senators and
representatives? _____________
3. How many stars are there in the
United States Flag? ______________
4. In what town or city is the court-house
located in this county? ________
____________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
--------------------------------------
Excerpts from the Constitution
1. "Every bill which shall have passed
the house of representatives and the
senate, shall, before it becomes a law,
be presented to the president of the United
States."
2. "The senators and representatives
before mentioned, and the members of
the several state legislatures, and all executive
and judicial officers, both of the
United States and of the several states,
shall be bound by oath or affirmation, to
support this constitution; but no religious
tests shall ever be required as a
qualification to any office or public trust
under the United States."
3. "The right of the people to be secure
in their persons, houses, papers, and
effects, against unreasonable searches and
seizures, shall not be violated, and no
warrants shall issue, but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to
be seized."
*528
4. "Treason against the United States,
shall consist only in levying war against
them, or in adhering to their enemies,
giving them aid and comfort."
--------------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
----------------------------------
----------------------------------
----------------------------------
Signature of Applicant: __________
xxxxxxxxx
INSERT PART III (11)
(The following questions shall be answered
by the applicant without assistance.)
1. What is the name of the governor of
Alabama? __________________
2. Of what political party is the president
of the United States a member?
____________________
3. Are post offices operated by the state
or federal government? ________________
4. What is the chief executive of Alabama
called? ________________
______________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
--------------------------------------
Excerpts from the Constitution
1. "The person having the greatest
number of votes as vice-president, shall
be the vice-president, if such number be
a majority of the whole number of electors
appointed, and if no person have a
majority, then from the two highest numbers
on the list, the senate shall choose
the vice-president; a quorum for the
purpose shall consist of two-thirds of the
whole number of senators, and a majority
of the whole number shall be necessary
to a choice."
2. "The senators and representatives
before mentioned, and the members of
the several state legislatures, and all executive
and judicial officers, both of the
United States and of the several states,
shall be bound by oath or affirmation, to
support this constitution."
3. "The powers not delegated to the
United States by the constitution, nor
prohibited by it to the states, are reserved
to the states respectively, or to
the people."
4. "Representatives shall be apportioned
among the several states according
to their respective numbers, counting
the whole number of persons in each
state, excluding Indians not taxed."
-----------------------------------
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
------------------------------------
------------------------------------
------------------------------------
Signature of Applicant: ____________
xxxxxxxxx
INSERT PART III (12)
(The following questions shall be answered
by the applicant without assistance.)
1. Name one United States senator
from Alabama. _______________
2. When residents of a city elect their
officials, the voting is called a municipal
election. (True or false) ________
3. Name the two major political parties
in the United States.
_________________________
4. What is the chief executive of the
United States called? ______________
____________________________________
INSERT HERE THE SAME INSTRUCTIONS
"A" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
------------------------------------
Excerpts from the Constitution
1. "The times, places, and manner of
holding elections for senators and representatives,
shall be prescribed in each
*529
state by the legislature thereof; but the
congress may at any time by law make
or alter such regulations, except as to the
places of choosing senators."
2. "All bills for raising revenue shall
originate in the house of representatives;
but the senate may propose or
concur with amendments as on other
bills."
3. "The house of representatives shall
be composed of members chosen every
second year by the people of the several
states, and the electors in each state
shall have the qualifications requisite for
electors of the most numerous branch of
the state legislature."
4. "Each state shall appoint, in such
manner as the legislature thereof may
direct, a number of electors, equal to the
whole number of senators and representatives
to which the state may be entitled
in the congress; but no senator
or representative, or person holding an
office of trust or profit under the United
States, shall be appointed an elector."
__________________________________
INSERT HERE THE SAME INSTRUCTIONS
"B" WHICH APPEAR
ABOVE AT THE CORRESPONDING
PLACE IN INSERT PART
III (1).
-----------------------------------
-----------------------------------
-----------------------------------
Signature of Applicant: ___________
xxxxxxxxx
One of the foregoing forms of Insert Part III shall be used each month, the same form being used for all persons who apply for registration during the same month. During the following month a different form shall be used in like manner.
IT IS FURTHER ORDERED that the Supreme Court of Alabama have and retain the right and authority to amend, change, and alter said questionnaire and oath when deemed by the Court expedient to do so.
IT IS FURTHER ORDERED that this Supplemental Order be spread upon the Minutes of this Court and that a copy of this Order be filed with the Secretary of State of the State of Alabama.
Promulgated and Adopted this the 14th day of January, 1964.
______________________ J. ED. LIVINGSTON Chief Justice _______________________ THOMAS S. LAWSON _______________________ ROBERT T. SIMPSON _______________________ JOHN L. GOODWYN _______________________ PELHAM J. MERRILL _______________________ JAMES S. COLEMAN, JR. _______________________ ROBERT B. HARWOOD Associate Justices.[*] The list of names referred to as Appendix "B" is omitted from the opinion as published.
United States v. State of Alabama ( 1961 )
Alabama v. United States ( 1962 )
United States v. Penton ( 1962 )
United States v. Leonard C. Duke, Circuit Court Clerk and ... ( 1964 )
United States v. Cartwright ( 1964 )