Mr. President . notice the words used there"predominantly in the English language." Those words are used to take care of the Puerto Rican situation in New York. so that New York can prevent Puerto Ricans from voting. There can be doubt that this provision is a calloused violation of the States undisputed right to establish literacy tests. Notwithstanding many legal assaults. the Supreme Court has repeatedly held that the States have the power to establish literacy tests to determine the citizens qualifications for votingWilliams v. Mississippi. 170 U.S. 213 (1898). Lassiter v. Northampton County. 360 U.S. 45 (1959). Mr. President. the provision which presumes literacy on the basis of a sixth grade education not only violates the States right to establish literacy tests. but in many cases it will require drastic revision of the manner in which these tests are conducted. In many areas of our country. literacy tests are given orally. section 101 of title I of this bill requires that a certified copy of the testwhether the test be written or oraltogether with the answers given by the individual. must be supplied to the individual within 25 days beyond the submission of his request. which shall be made within the time during which records and papers are required to be retained pursuant to title III of the Civil Rights Act of 1960. Under existing laws In our States. thousands of these oral tests are given. and very few are ever questioned. If this title I is enacted into law. records must be kept. questions and answers must be maintained in writing. and the duties and responsibilities of the registration officials will be changed by Federal flat.
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literacy tests