Number 5 August 4, 1970

Number 5 August 4, 1970 The Honorable John F. X. Davoren Secretary of the Commomvealth State House Boston, Massachusetts Dear Mr. Secretary: You have requested my opinion whether The Federal Voting Rights Act (Public Law 91-285, approved June 22, 1970) has nullified the provi- sion found both in the Constitution of the Commonwealth and the Gen- eral Laws (see Article XX of the Articles of Amendment to the Con- stitution and G. L. c. 51, §§ 1, 44) that a citizen must be able to read the Constitution of the Commonwealth in the English language prior to being registered to vote. It is my opinion for the reasons hereinafter stated that the requirement has been nullified by the Federal Act. Section 201 of P. L. 91-285 provides: "(a) Prior to August 6, 1975, no citizen shall be denied, be- cause of his failure to comply with any test or device, the right to vote in any Federal, State, or local election con- ducted in any State or political subdivision of a State as to which the provisions of section 4(a) of this Act are not in ef- fect by reason of determinafions made under section 4(b) of this Act. "(b) As used in this section, the term 'test or device' means any requirement that a person as a prerequisite for vot- ing or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demon- strate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class." Article VI of the Constitution of the United States provides in perti- nent part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwith- standing." First, I note that the provision of section 4(a) of the 1965 Voting Rights Act (79 Stat. 438; 42 U.S.C. § 1973b) were not in effect within this Commonwealth prior to the enactment of the 1970 Act, nor were they made effective as a result of the 1970 amendment to section 4(b) of the Act. Secondly, I note that the provisions of section 201 of the 1970 Act (quoted supra) were effective upon approval, i.e., June 22, 1970. P.D. 12 41 That being the case, the provisions of section 201 of the 1970 Act were immediately applicable to Massachusetts by reason of the supremacy clause of Article VI of the Constitution of the United States if the Mas- sachusetts Constitutional and statutory requirement that a citizen be able to read the Constitution of the Commonwealth in the English lan- guage is a test or device within the meaning of section 201(b) of the 1970 Act. In my opinion, it is clear that the Massachusetts Constitutional and statutory requirement is a test or device prohibited by section 201 of the Federal Act. The test is therefore in conflict with an Act of Congress and cannot stand. Gibbons v. Ogden, 9 Wheat 1, 210-211. Accordingly, by virtue of the provisions of the Federal Act, use of the test prescribed by the Massachusetts Constitution and statutes has been suspended until August 6, 1975. Yours very truly, ROBERT H. QUINN Attorney General