It is at the hands of these officers that discrimination takes place. and particularly so when the registrar or election officer administers tests of understanding. of interpretation. or of ability to read and write. There is great opportunity in their administration of such tests to discriminate. My amendment. using the findings of the Civil Rights Commission. provides that election officers at the voting polls. and registrars who are charged with the duty of registering and enrolling voters. would not have the authority to subject applicants to literacy tests. It prohibits literacy tests given by registrars and election officials. because that is where the discrimination has been found to take place. If the power of such officers to require performance of a literacy test has been used to discriminate against voters. that power should be taken away from them. My amendment would do so. My amendment would not prescribe a qualification for voters. as the MansfieldDirksen amendment proposes to do. It would not deny to the States the right to fix qualifications for voters. and the MansfleldDirksen amendment does not deny that right. It would not deny the States the right to fix literacy tests based upon understanding. interpretation. or the ability to read and write. But it would deny to the States the authority to give election officers and registration officers the power to give those tests. That is where the discrimination occurs. If the State wanted to pass a law which would establish a board before which there would be open hearings. and stated times when the applicant could appear in open hearing. where there would be opportunity for others to hear the proof. where the decision would not lie solely in the hands of registrars and election officers. who are the officers who have denied the right to vote. I think such procedures would be proper. The amendment which I have offered goes to the place where the discrimination has been occurringto discrimination in the application of the election laws and literacy tests by registrars and election officers. The Senator knows that is where people are denied the right to vote.
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