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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY BARRAR, BOYD, FLECK, GEIST, KAUFFMAN, KRIEGER, METZGAR, RAPP, ROCK, SCHRODER, STERN, TALLMAN AND VULAKOVICH, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 14, 2011 |
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| A CONCURRENT RESOLUTION |
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1 | Memorializing Congress to direct the United States Department of |
2 | Justice to pursue legal redress against persons and groups |
3 | who engage in voter intimidation. |
4 | WHEREAS, The members of the General Assembly of Pennsylvania, |
5 | individually and on behalf of the constituents they represent, |
6 | respect and seek to protect the fundamental right to vote; and |
7 | WHEREAS, The public is entitled to the freedom to exercise |
8 | its right to vote without fear of emotional or physical harm and |
9 | protected by both the Constitution of the United States and the |
10 | Constitution of Pennsylvania; and |
11 | WHEREAS, There is substantial video and audio evidence to |
12 | suggest considerable and intentional voter intimidation at a |
13 | polling location within this Commonwealth by members of the New |
14 | Black Panther Party on November 4, 2008, at the Fairmount Street |
15 | polling location in Philadelphia, Pennsylvania; and |
16 | WHEREAS, The United States Department of Justice, acting in |
17 | conformity with the Federal Voter Rights Act, filed civil |
18 | charges against the individuals and the New Black Panther Party; |
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1 | and |
2 | WHEREAS, The Justice Department, after securing a default |
3 | judgment, substantially abandoned the matter even though the |
4 | defendants failed to appear in court; and |
5 | WHEREAS, It has been asserted by former members of the |
6 | Justice Department that the policy of the Justice Department is |
7 | to not view matters in a race-neutral manner when determining |
8 | which cases will proceed forward; and |
9 | WHEREAS, The Justice Department is reportedly failing to |
10 | uphold its obligation to the American public, especially to |
11 | those voters situated in this Commonwealth who were victims of |
12 | the members of the New Black Panther Party when it sought to |
13 | intimidate voters; and |
14 | WHEREAS, The United States Commission on Civil Rights has |
15 | initiated an investigation of the alleged improprieties and has |
16 | been prevented from receiving testimony by involved attorneys |
17 | within the Justice Department as a result of the department's |
18 | failure to cooperate with subpoenas issued by the commission; |
19 | and |
20 | WHEREAS, The Justice Department's alleged policy of failing |
21 | to pursue cases based only on the race of the defendant or the |
22 | victim, if true, is abhorrent to the members of the Pennsylvania |
23 | General Assembly, as individuals and on behalf of constituents |
24 | of the Commonwealth of Pennsylvania; and |
25 | WHEREAS, The present situation is likely to reoccur if the |
26 | alleged policy and procedures of the Justice Department are not |
27 | reviewed and revised; therefore be it |
28 | RESOLVED (the Senate concurring), That the House of |
29 | Representatives direct the Pennsylvania Congressional Delegation |
30 | to act in any and every manner possible to review the acts of |
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1 | the Justice Department in the matter relating to voter |
2 | intimidation by persons and groups, and especially by the New |
3 | Black Panther Party; and be it further |
4 | RESOLVED, That the Pennsylvania Congressional Delegation |
5 | introduce and support legislation which would require United |
6 | States Attorney General Eric H. Holder, Jr., and Assistant |
7 | Attorney General Thomas Perez to investigate this matter and |
8 | issue a report as to the reasons why, after obtaining a default |
9 | judgment, the judicial matter was substantially concluded; and |
10 | be it further |
11 | RESOLVED, That the Pennsylvania Congressional Delegation |
12 | conduct further investigation and audit of the Civil Rights |
13 | Division of the Justice Department to establish whether the |
14 | policies and procedures of the division are race neutral; and be |
15 | it further |
16 | RESOLVED, That the Pennsylvania Congressional Delegation |
17 | demand that the Justice Department comply with subpoenas issued |
18 | by the Commission on Civil Rights and allow Attorney Christopher |
19 | Coates, the former chief of the department's voting section, and |
20 | others to testify in the commission's investigation of the |
21 | Justice Department; and be it further |
22 | RESOLVED, That the Pennsylvania Congressional Delegation urge |
23 | the Justice Department to pursue all available civil and |
24 | criminal remedies against all defendants in this matter to |
25 | resolve the outstanding issues with remain for the New Black |
26 | Panther Party voter intimidation matter. |
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