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Form No. 5

CONSTITUTIONAL TEST FOR REGISTRATION Applicant shall read to the Registrar of Voters and give a reasonable interpretation of the following clauses of the Constitution:

The Legislature shall provide by law for change of venue in civil and criminal cases

(Art. 7 Sec. 45 La. Const.)

The exercise of the police power of the State shall never be abridged

(Art. 19 sec. 18 La Const.)

Prescription shall not run against the State in any choll matter

(Art. 19 sec. 16 L. Const.)

(The above qualification test and a registration application form provided for by Section 1 (c), Article VIII of the Louisana Constitution. (Form LR-1), were received by me from the

Partia Ragstre of Voters upon my request to register, and I have dened both for acknowledgement and identification Hith may application to register.)

Applicant for Reddstration

Ward

Precinct

Address

(Over)

Facsimile of Constitutional Test for Registration of Voters Used in

Louisiana.

In instructing the registrars, Mr. Shaw stressed that applicants must be of good character and be able to interpret any clause of the Constitutions of Louisiana or the United States. As a test of intelligence, he advised the registrars to use a set of 24 model cards distributed at the meetings. One of them is reproduced on this page. Mr. Shaw asserted that constitutional interpretations are tests of native intelligence and not of book learning; that experience teaches that most white people have this native intelligence while most Negroes do not. As a further precaution, however, he instructed the registrars not to tell any Negro applicant the number of his ward or precinct, and not to help him fill out his application card.

Senator Rainach himself informed the registrars that "you don't have to discriminate against Negroes” to keep them off registration rolls, because “nature has already discriminated against them." Proclaiming that "a large number of Negroes just can't pass the test for registration,” he concluded:

The tests are based on intelligence, not education, and intelligence is something that is bred into people through long generations.

Third, in Washington Parish during May, June, and July of 1959, over 1,300 of approximately 1,500 Negro registrants were stricken from the rolls on the basis of challenges filed by members of the citizens council of that parish.' Virtually all of the Negroes whose names were removed from the rolls had been challenged by four white residents of Washington Parish. The most common basis for these challenges was alleged errors in spelling on the application forms. Investigation revealed that the challengers themselves misspelled words when filling out the challenging affidavits. For a sample, with names of voter and challengers masked out, see facsimile below.

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That they are bona fide registered voters of this parish; that after reasonable investigation by

them, and each of them and on Information and belief, that

Registered from

Municipal number and street, 1 any)

To whom was issued registration certificate Nɔ.

Ward

Precinct

of this Parish, is illegally registered or has lost his or her right to vote in the precinct, ward or parish in which they are registered, for the following reasons:

Errow i

spelling

And should be erased from the Official Precinct Register of Ward

Precincta that this affidavit is made for the purpose of causing said name to be expod.

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Facsimile of Affivadit Used for Challenging the Registration of a

Voter in Louisiana.

TABLE 13.—White registration, selected Louisiana parishes using permanent

registration

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TABLE 14.—Negro registration, select Louisiana parishes using permanent

registration

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TABLE 15.—White registration, Louisiana parishes using periodic registration TABLE 16.—Negro registration, Louisiana parishes using periodic registration

Registration

Parish

1950 popu

lation

March
1956

October

1956

May
1958

November

1958

Caldwell..
Cameron..
Catahoula.
Concordia.
East Carroll.
Franklin.
Grant.
La Salle
Lincoln.
Livingston.
Madison...
Morehouse.
Natchitoches.
Point Coupee
Red River.
Richland..
St. Bernard
St. Helena.
St. Mary.
Tensas..
Vernon..
Webster
West Baton Rouge.
West Carroll.
West Feliciana
Winn.

10, 293

6, 244 11, 834 14, 398 16, 302 29, 376 14, 263 12, 717 25, 782 20, 054 17, 451 32,038 38, 144 21, 841 12, 113 26, 672 11,087

9,013
35, 848
13, 209
18, 974
35, 704
11,738
17, 248
10, 169
16, 119

3, 786
2,883
4, 215
3,625
3,000
8, 297
5,794
6, 861
7,029
9, 953
3, 028
9, 400
9, 592
4,899
3,575
7, 195
11, 369

2, 555
10, 250
1, 916
9,477
12, 618
3,044
5, 660
1, 272
6,449

3,863
2, 954
4, 139
3, 667
3,000
8, 357
5,822
6, 941
7,638
10,068
3,058
9, 565
9, 916
4, 946
3, 603
7, 291
11, 369

2,611
10, 674
2,053
9, 649
12, 957
3,047
5,685
1, 290
6,638

2, 190
1, 586
1, 956
1, 498
1, 964
4, 256
3,633
4,067
4,391
5, 531
1, 100
4, 173
4, 965
2,860
1, 679
4, 214
5,342
1, 237
8, 430

871
5, 965
7,568
1, 438
2, 954

847 4,021

2, 545 1, 948 2, 222 2,087 2,015 6,180 4, 752 4, 905 4,665 6, 543 1, 314 4,579 6,134 3, 183 1,959 4, 273 7,854 1, 704 10, 246

928 7,423 8, 263 1,700 3, 389

903 4,483 9,013 35, 848 13, 209 18, 974 35, 704 11, 738 17, 248 10, 169 16, 119

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Caldwell..
Cameron.
Catahoula.
Concordia.
East Carroll.
Franklin.
Grant.
La Salle,
Lincoln..
Livingston.
Madison.
Morehouse.
Natchitoches.
Point Coupee
Red River
Richland.
St. Bernard..
St. Helena..
St. Mary.
Tensas.
Vernon.
Webster.
West Baton Rouge.
West Carroll..
West Feliciana.
Winn.

10, 293

6, 244 11, 834 14, 398 16, 302 29,376 14, 263 12, 717 25, 782 20,054 17,451 32,038 38, 144 21, 841 12, 113 26, 672 11, 087

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38 47 183 121

0 232 376

96 441 428

0 196 998 574

15 177 162

38 76 187 176

0 304 525 157 470 564

0 205 1, 396 635

15 179

802 1,694 2,668

0 891 1, 769 1,017 292

0 1, 430

802 1,614 2, 670

0 892 1, 773 1,036 292

0 1, 442

851 2, 347

0 588

79 577 69

0 581

340 1, 059 2, 659

0 640

80 615 70

0 665

CHAPTER VII. FEDERAL POWERS TO PROTECT THE FRANCHISE

"This Constitution and the Laws of the United States which shall
be made in Pursuance thereof * * * shall be the supreme Law of
the Land; and the Judges in every State shall be bound thereby,
any thing in the Constitution or Laws of any State to the Contrary
notwithstanding."

-0.8. Constitution, Article VI (second paragraph). The events reported in the preceding chapters have convinced this Commission that qualified American citizens are, because of their race or color, being denied their right to vote. The question is: “What can the Government of the United States do about these clear violations of its fundamental law ?"

The initial power of the States to determine voting qualifications is unquestioned. But it is not unlimited. The powers of the Federal Government to protect the franchise derive from certain provisions of the Constitution, as implemented by the Congress and interpreted by the Supreme Court. Together, these form the Federal ground rules within which the States may grant or withhold the franchise. In summary, these constitutional provisions declare that

(1) all persons born or naturalized in the United States and subject to the jurisdiction thereof, regardless of race, are citizens; 1

(2) these citizens shall not be denied their voting rights because of race, color, or sex; ?

(3) those persons voting for U.S. Senators and Representatives shall possess the same qualifications as those entitled to vote for members of the most numerous branch of the State legislature; 8

(4) Congress is empowered to enforce these provisions by appropriate legislation.*

2

ARTICLE I

Section 2. 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

Legislaure. Article I, section 2, thus provides that electors for Members of Congress shall have qualifications requisite for electors of the most numerous branch of the State legislature. This is the basic source of every

1 Fourteenth Amendment, sec. 1.
? Fifteenth Amendment, sec. 1 ; Nineteenth Amendment.
: Art. I, sec. 2, and Seventeenth Amendment.
• Fifteenth Amendment, sec. 2.

A similar provision regarding qualifications for electors for senatorial candidates is found in the Seventeenth Amendment.

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