Mr. Speaker, let me offer my great appreciation to Juanita Millender-McDonald. I cannot think of a Member of this House who has been so persistent on these issues. But I do want to say to the…
Mr. Speaker, let me offer my great appreciation to Juanita Millender-McDonald. I cannot think of a Member of this House who has been so persistent on these issues.
But I do want to say to the American people that we understand that we want to secure the vote, but you might note and might want to understand that out of 197 million people that have voted since 2002, there have only been 52 voter fraud cases.
I want to join you in stamping out voter fraud. I want to make sure that we have one vote/one person. But I do not want to step on the Constitution.
This legislation steps on your rights, one vote/one person. And for every 1 percent of the electorate who does not have the necessary documentation, where you were born with a midwife, you have lost your documents, you were in Hurricane Katrina or a volcano or an earthquake or a mudslide, 2 million voters will be disenfranchised. And, my good friends, this is a 21st century poll tax.
I will include in the Record ``The Long Shadows of Jim Crow'' because this is voter intimidation.
The Long Shadow of Jim Crow: Voter Intimidation and Suppression in
America Today
Overview
In a nation where children are taught in grade school that
every citizen has the right to vote, it would be comforting
to think that the last vestiges of voter intimidation,
oppression and suppression were swept away by the passage and
subsequent enforcement of the historic Voting Rights Act of
1965. It would be good to know that voters are no longer
turned away from the polls based on their race, never
knowingly misdirected, misinformed, deceived or threatened.
Unfortunately, it would be a grave mistake to believe it.
In every national American election since Reconstruction,
every election since the Voting Rights Act passed in 1965,
voters--particularly African American voters and other
minorities--have faced calculated and determined efforts at
intimidation and suppression. The bloody days of violence and
retribution following the Civil War and Reconstruction are
gone. The poll taxes, literacy tests and physical violence of
the Jim Crow era have disappeared. Today, more subtle,
cynical and creative tactics have taken their place.
Race-Based Targeting
Here are a few examples of recent incidents in which groups
of voters have been singled out on the basis of race:
Most recently, controversy has erupted over the use in the
Orlando area of armed, plainclothes officers from the Florida
Department of Law Enforcement (FDLE) to question elderly
black voters in their homes. The incidents were part of a
state investigation of voting irregularities in the city's
March 2003 mayoral election. Critics have charged that the
tactics used by the FDLE have intimidated black voters, which
could suppress their turnout in this year's elections. Six
members of Congress recently called on Attorney General John
Ashcroft to investigate potential civil rights violations in
the matter.
This year in Florida, the state ordered the implementation
of a ``potential felon'' purge list to remove voters from the
rolls, in a disturbing echo of the infamous 2000 purge, which
removed thousands of eligible voters, primarily African-
Americans, from the rolls. The state abandoned the plan after
news media investigations revealed that the 2004 list also
included thousands of people who were eligible to vote,
and heavily targeted African-Americans while virtually
ignoring Hispanic voters.
This summer, Michigan State Representative John Pappageorge
(R-Troy) was quoted in the Detroit Free Press as saying, ``If
we do not suppress the Detroit vote, we're going to have a
tough time in this election.'' African Americans comprise 83
percent of Detroit's population.
In South Dakota's June 2004 primary, Native American voters
were prevented from voting after they were challenged to
provide photo IDs, which they were not required to present
under State or Federal law.
In Kentucky in July 2004, Black Republican officials joined
to ask their State GOP party chairman to renounce plans to
place ``vote challengers'' in African-American precincts
during the coming elections.
Earlier this year in Texas, a local district attorney
claimed that students at a majority Black college were not
eligible to vote in the county where the school is located.
It happened in Waller County--the same county where 26 years
earlier, a Federal court order was required to prevent
discrimination against the students.
In 2003 in Philadelphia, voters in African-American areas
were systematically challenged by men carrying clipboards,
driving a fleet of some 300 sedans with magnetic signs
designed to look like law enforcement insignia.
In 2002 in Louisiana, flyers were distributed in African-
American communities telling voters they could go to the
polls on Tuesday, December 10--three days after a Senate
runoff election was actually held.
In 1998 in South Carolina, a State representative mailed
3,000 brochures to African-American neighborhoods, claiming
that law enforcement agents would be ``working'' the
election, and warning voters that ``this election is not
worth going to jail.''
Recent Strategies
As this report details, voter intimidation and suppression
is not a problem limited to the southern United States. It
takes place from California to New York, Texas to Illinois.
It is not the province of a single political party, although
patterns of intimidation have changed as the party
allegiances of minority communities have changed over the
years.
In recent years, many minority communities have tended to
align with the Democratic Party. Over the past two decades,
the Republican Party has launched a series of ``ballot
security'' and ``voter integrity'' initiatives which have
targeted minority communities. At least three times, these
initiatives were successfully challenged in Federal courts as
illegal attempts to suppress voter participation based on
race.
The first was a 1981 case in New Jersey which protested the
use of armed guards to
challenge Hispanic and African-American voters, and exposed a
scheme to disqualify voters using mass mailings of outdated
voter lists. The case resulted in a consent decree
prohibiting efforts to target voters by race.
Six years later, similar ``ballot security'' efforts were
launched against minority voters in Louisiana, Georgia,
Missouri, Pennsylvania, Michigan and Indiana. Republican
National Committee documents said the Louisiana program alone
would ``eliminate at least 60-80,000 folks from the rolls,''
again drawing a court settlement.
And just three years later in North Carolina, the State
Republican Party, the Helms for Senate Committee and others
sent postcards to 125,000 voters, 97 percent of whom were
African-American, giving them false information about voter
eligibility and warning of criminal penalties for voter
fraud--again resulting in a decree against the use of race to
target voters.
Historical Perspective
This report includes detailed accounts of the recent
incidents listed above, and additional incidents from the
past few decades. The report also lays out a historical
review of more than 100 years of efforts to suppress and
intimidate minority voters following emancipation, through
Reconstruction and the ``Second Reconstruction,'' the years
immediately following the passage of the Voting Rights Act.
The 1965 Voting Rights Act was among the crowning
achievements of the civil rights era, and a defining moment
for social justice and equality. The stories of the men and
women who were willing to lay down their lives for the full
rights of citizenship, including first and foremost the right
to vote, are the stuff of history.
Their accomplishments can never be erased. Yet as this
report details, attempts to erode and undermine those
victories have never ceased. Voter intimidation is not a
relic of the past, but a pervasive strategy used with
disturbing frequency in recent years. Sustaining the bright
promise of the civil rights era, and maintaining the dream of
equal voting rights for every citizen requires constant
vigilance, courageous leadership, and an active, committed
and well-informed citizenry.
The Challenges of the 2004 Election and Beyond
The election problems in Florida and elsewhere that led to
the disenfranchisement of some four million American voters
in the 2000 elections cast a harsh spotlight on flaws in our
voting system, problems that involved both illegal actions
and incompetence by public officials, as well as outdated
machines and inadequate voter education. As election
officials nationwide struggle to put new voting technology
into place, redesign confusing ballots and educate voters,
the opportunities for voter intimidation and suppression
have proliferated along with opportunities for
disenfranchisement caused by voter confusion and technical
problems.
With widespread predictions of a close national election,
and an unprecedented wave of new voter registration,
unscrupulous political operatives will look for any
advantage, including suppression and intimidation efforts. As
in the past, minority voters and low-income populations will
be the most likely targets of dirty tricks at the polls.
Voter Intimidation in Recent Years
Voter intimidation and suppression efforts have not been
limited to a single party, but have in fact shifted over time
as voting allegiances have shifted. In recent decades,
African American voters have largely been loyal to the
Democratic Party, resulting in the prevalence of Republican
efforts to suppress minority turnout. Those efforts have also
been extended in recent years to Latino communities.
During the 2003 mayoral election in Philadelphia, fully
seven percent of a poll of 1000 African American voters
described troubling experiences at the polls. Men with
clipboards bearing official-looking insignia were reported at
many precincts in African American neighborhoods.
Tom Lindenfeld, who ran the counter-intimidation campaign
for Democratic candidate John Street, said this deployment
included a fleet of 300 cars that featured decals closely
resembling those of federal law enforcement agencies, such as
the Drug Enforcement Agency and the Bureau of Alcohol,
Tobacco and Firearms. Many prospective voters reported being
challenged for identification by such workers. Lindenfeld
told reporters from the American Prospect that ``What
occurred in Philadelphia was much more expansive and
expensive than anything I'd seen before, and I'd seen a
lot.''
In fact, the scope of such efforts during the past two
decades is startling. Based primarily on reports gleaned from
newspapers across the nation, there have been documented
instances of the following:
Challenges and threats against individual voters at the
polls by armed private guards, off-duty law enforcement
officers, local creditors, fake poll monitors, and poll
workers and managers.
Signs posted at the polling place warning of penalties for
``voter fraud'' or ``noncitizen'' voting, or illegally urging
support for a candidate.
Poll workers ``helping'' voters fill out their ballots, and
instructing them on how to vote.
Criminal tampering with voter registration rolls and
records.
Flyers and radio ads containing false information about
where, when and how to vote, voter eligibility, and the false
threat of penalties.
Internal memos from party officials in which the explicit
goal of suppressing black voter turnout is outlined.
A Republican effort in New Jersey in 1981 provided a model
that was repeated across the country in the last two decades.
The Republican National Committee and the New Jersey
Republican State Committee engaged in a ``concerted effort to
threaten and harass black and Hispanic voters'' via a
``ballot security'' effort. It involved widespread
challenging of individual voters and an Election Day presence
at African American and Latino precincts featuring armed
guards and dire warnings of criminal penalties for voting
offenses. A legal challenge eventually led to a court order
and an agreement by the GOP groups not to employ such
intimidation tactics.
But such tactics persist.
This is voter intimidation. And this intimidation cannot stand. This is a bad bill. It is not about those who are not documented, it is about you, America. You will be prevented from the right to vote with this bill. We should defeat it.
Mr. Speaker, I oppose H.R. 4844, and express my dismay with this distraction. I fear that actions taken today will sear doubt and weakness into one of our treasured and fundamental rights as a democratic Nation.
Not 3 months ago, we dedicated significant amounts of time land resources to reauthorize the Voting Rights Act. We celebrated the fact that these rights will be secure for another generation. And yet, with this bit!, we are reminded that these rights are fleeting, and must continually be protected.
This bill undermines the very provisions we have been fighting for-- and clearly have not yet won--for over 40 years. This bill compounds the disproportionate discrimination that persists across this Nation.
This bill attempts to address a problem that does not exist, and this is crucial to understand. There is no voter fraud problem. It is simply not a documented issue. Suggesting that it may be plays into bigotry and xenophobia.
Data from the U.S. Department of Justice shows that while 196,139,871 votes have been cast in Federal elections since October 2002, only 52 individuals have been convicted of Federal voter fraud. Most of these convictions were for vote buying or for voter registration fraud, neither of which would be prevented by restrictive ill requirements at the polls.
If convicted of voter fraud, an individual can be given up to 5 years in prison and a $10,000 fine: The Department of Justice and the Federal Bureau of Investigation has an active--and fully funded--prosecution team to enforce Federal and State election laws.
In reality, the bill is a 21st century poll tax. Instead of money collected at the poll door, however, the tax will now be collected at the Department of Motor Vehicles. Congress cannot place itself on the wrong side of this debate--history will see this clearly.
The crux of discriminatory measures in this bill rests with the fact that the right to vote is tied to documents that are not readily available. The burden of obtaining these documents--whether the cost of obtaining supporting documentation, investing the time to navigate bureaucracy or the waiting period to receive the documents in the mail--is prohibitive, and yet familiar. Anyone who has waited in line at the DMV must understand what a mistake this is.
I do not argue with the notion that we must prevent individuals from voting who are not allowed to vote. Yet a hidden argument in this bill is that immigrants may ``infiltrate'' our voting system. Legal immigrants who have successfully navigated the citizenship maze are unlikely to draw the attention of the authorities by attempting to register incorrectly. Similarly, undocumented immigrants are even less likely to risk deportation just to influence an election.
If for no other reason than Hurricane Katrina, we must all understand how vulnerable our system is. Families fleeing the hurricanes last summer suffered loss of property that included lost documents. Compounding this was the devastation of the region, which virtually shut down civil services in the area. New Orleans residents were scattered across 44 States. And had difficulty registering and voting both with absentee ballots and at satellite voting stations for the April 22 city elections this year. Those elections took place fully 8 months after the disaster, and it required the efforts of non-profits, such as the NAACP, to ensure that voters had the access they are constitutionally guaranteed.
In addition, this bill hands State governments yet another unfunded mandate. By 2010, we must all submit photo IDs with proof of citizenship in order to vote. Currently, no more than 4 States have driver's licenses or IDs that match these requirements. The only other document that does satisfy this requirement is a passport. Therefore, every State that does not have this kind of photo ID must restructure and create the ID system to provide adequate voting permits for everyone who does not have an updated passport with a current address. This would involve reissuing driver's licenses or identification cards in almost every State.
The Congressional Budget Office estimates that implementing H.R. 4844 would cost about $1 million in 2007 and $77 million over the 2007-2011 period, assuming appropriation of the necessary amounts. This exceeds the allowed amounts in the Unfunded Mandates Reform Act. In addition, CBO estimates that the cost of providing photo identification for voters who cannot afford them would be about $45 million in 2008.
This is simply ludicrous. We need to address the election fraud that we know is occurring, such as voting machine integrity and poll volunteer training and competence. After every election that occurs in this country, we have documented evidence of voting inconsistencies and errors. In 2004, in New Mexico, malfunctioning machines mysteriously failed to properly register a presidential vote on more than 20,000 ballots. One million ballots nationwide were spoiled by faulty voting equipment--roughly one for every 100 cast.
Those who face the most significant barriers are not only the poor, minorities, and rural populations. 1.5 million college students, whose addresses change often, and the elderly, will also have difficulty providing documentation.
In fact, newly married individuals face significant barriers to completing a change in surname. For instance, it can take 6-8 weeks to receive the marriage certificate in the mail, another 2 weeks (and a full day waiting in line) to get the new Social Security card, and finally, 3-4 weeks to get the new driver's license. There is a significant possibility that this bill will also prohibit newlyweds from voting if they are married within 3 months of election day.
An election with integrity is one that is open to every eligible voter. Restrictive voter ID requirements degrade the integrity of our elections by systematically excluding large numbers of eligible Americans.
The right to vote is a critical and sacred constitutionally protected civil right. To challenge this is to erode our democracy, challenge justice, and mock our moral standing. I urge my colleagues to join me in dismissing this crippling legislation, and pursue effective solutions to the real problems of election fraud and error. We cannot let the rhetoric of an election year destroy a fundamental right upon which we have established liberty and freedom.