Mr. President, American voters deserve to have an election system that they can trust. Fair, safe, secure elections are a key hallmark of any society's ability to be able to claim the status of…
Mr. President, American voters deserve to have an election system that they can trust. Fair, safe, secure elections are a key hallmark of any society's ability to be able to claim the status of democratic self-rule.
If you don't have safe, secure, independent, reliable elections, you have a widespread set of problems that will cascade and ultimately constrain liberty. Americans intuitively understand this. But at the moment, our elections
are far less secure than they should be. Why? Well, because so much of it operates on the honor system.
Now, an honor system is great. It works well if you are dealing with a smaller group of people, a closed-loop system in which everyone knows everyone else.
And the honor system works well also if you don't have a real risk of somebody claiming to be someone they are not and if they don't have the ability to inflict harm on those who play by the rules. It is one of many reasons why there are a whole host of activities that, in our common experience, necessarily require someone to prove that they are who they claim to be.
You experience this anytime you go to the bank, when you go to the doctor, to the pharmacy, when you are picking up theater tickets at will call--all kinds of circumstances.
And, you know, one of the more familiar ones for Americans who routinely travel by plane is that when going through TSA, you have to prove who you are as well. If you leave the country, whether by land or by sea or by air or some other means, you are likely going to need a passport when you leave the country and when you come back into the country.
These are all just a few--many circumstances in which it matters whether you are who you claim to be, so much so that it is important that you do more than just say: Trust me. I am who I claim to be.
In the context of voting, sometimes we will refer to this as self- attestation, which is just a fancy way of saying it is the honor system: Trust me. I am who I claim to be.
But, look, with good reason, it is not sufficient, self-attestation. ``Trust me. I am who I claim to be'' isn't enough when you board a commercial flight, when you purchase alcohol, or even when you attend the Democratic National Convention. Those are just a few of the circumstances where they don't allow you to operate on the honor system because they know that it matters whether you are who you claim to be.
Now, even for something as simple and relatively low stakes as obtaining the coveted never-ending pasta pass from the Olive Garden-- even there, they don't allow the honor system. Even there, you have got to produce ID to show that you are who you claim to be. It should not be any easier for someone to get away with voter fraud at a polling location on voting day than it is to cheat the Olive Garden through its never-ending pasta pass--and yet that is exactly where we are today. We allow the honor system.
Even though we have laws that prohibit things like noncitizen voting, those laws have been rendered difficult--essentially impossible--to enforce, as against those who would abuse self-attestation in countless circumstances. Those are being revealed; those are becoming known. That thing that they claim never happens--voter fraud or noncitizen voting-- just keeps happening over and over and over again--especially for something that many like to claim never happens. Well, it does, and we need to take steps to prevent it from happening.
That is why I introduced the SAVE America Act. The SAVE America Act has two fundamental objectives--two very basic unassailable objectives: Let's make it easy to vote and let's make it hard to cheat. We have got to have both of those. The SAVE America Act does that through two different mechanisms: One, it requires, at the time of a new voter registration, for you to establish that you are, in fact, a U.S. citizen. And, second, it requires that on election day, at the time of voting, you show up with a photo ID--with a photo identification--so that you can prove that you are who you claim to be.
Both of these things would make it easy to vote and hard to cheat. You have to have both of them. If you just make it easy to vote and don't make it hard to cheat, you are going to have that much more incentive and opportunity for someone to cheat, and we don't want that in this country.
Americans overwhelmingly support voter ID laws for that reason. We are talking 83 percent of Americans, give or take a percentage point or two, depending on the poll. But Americans, by a margin of more than 4 to 1, favor voter ID laws, and we need one here.
Now, with the SAVE America Act, we have heard some objections; we have heard some arguments. Nearly all of those arguments focus on the first component of the SAVE America Act. And at times when the SAVE America Act has been the pending business before the Senate floor, as it was just a few months ago, the arguments that we heard--probably somewhere between 95 and 99 percent of the arguments--coming from Democrats against the SAVE America Act were focused on the voter registration component: having to establish proof of citizenship beyond self-attestation at the time of a new voter registration.
Now, those arguments were ill-founded. In every single circumstance, they were founded in something that resulted from a mischaracterization of law, a mischaracterization of fact, or, in many circumstances, both. They were not well founded, but they were often and strongly expressed.
It is one of the reasons why my friend and colleague, the Senator from Ohio, Senator Jon Husted and I were talking one day, a few months ago, and decided: Let's try an experiment. Let's see what would happen. Given that nearly every one of their arguments coming from the other side of the aisle against the SAVE America Act is focused not on the voter ID component but, rather, on the voter-registration proof-of- citizenship component, let's run with something. Let's introduce something that would just contain the voter ID component of the SAVE America Act--this, after all, would help us figure out where the weaknesses are, what can pass and what can't pass--given that they almost never have argued against voter ID while opposing the SAVE America Act. And, in fact, many, if not most, of my Democrat colleagues in the U.S. Senate, at one point or another, in the very recent past-- many of them this year, in fact--have said that they support voter ID laws. So let's introduce something that just focuses on the voter ID component of the SAVE America Act.
Now, this bill--and, again, this overall approach--is one that Americans overwhelmingly support. We are talking 83, 84 percent of all Americans--Democrat, Republican, Independent, everybody mixed in. They support this. Why? Well, because it is good common sense. Everybody understands it. There are myriad circumstances in which it matters whether you are who you claim to be, and nowhere is that more important to the proper functioning of our constitutional Republic than it is in the context of voting and having secure elections.
We have also seen that the need for these things has been enhanced dramatically in recent years, not only with the flood of noncitizens entering this country--we have now got, I think, between 30 and 35 million noncitizens residing in this country. It is now easier than ever for them, especially in light of the Supreme Court's botched interpretation of the National Voter Registration Act. Over the strong dissent of Justice Alito, the Supreme Court essentially told the States that absent new Federal legislation--legislation in the form of the SAVE America Act--self-attestation is essentially sufficient in that circumstance.
So Americans overwhelmingly accept this. This is a rare issue. Now, bipartisanship is not itself all that rare, but bipartisanship to this degree--we are talking 83, 84 percent of all Americans agreeing with something like this--is significant. That doesn't happen every day.
What is even more unusual, though, is when you have an issue where 83, 84 percent of all Americans strongly support a position, as they do in the case of voter ID laws, but then that overwhelming support doesn't match what elected Federal lawmakers believe. So it is not 83 or 84 percent that Members of this body support that. No, it is much closer to 50-50, and it breaks down almost perfectly along partisan lines. So there is a real disparity here. Americans overwhelmingly support voter ID, but in this body, it is a different matchup.
But, look, what we have done is we have taken the least controversial part of the SAVE America Act, put it into this legislation sponsored by Senator Jon Husted, drawn from my bill, the SAVE America Act, just the voter ID component, the most popular form of it--the argument that very, very few
Democrats have focused on when opposing the SAVE America Act--and let's push this forward. It is also significant that my friend and colleague Senator Husted was himself a former top elections official in the State of Ohio. He understands the importance of voter ID and wants to move that forward, and I applaud and congratulate him for his many efforts in support of the SAVE America Act and this narrower subset of this, which he has introduced.
It is unthinkable, really, that any lawmaker--Democrat, Republican, or otherwise--would oppose something like this. And you have to wonder why--why oppose it? Why oppose it any more than you would claim that it would be unfair that you can't withdraw money from a bank account without ID or you can't board an aircraft without a photo ID? This approach, the self-attestation approach--the ``trust me, bro'' approach--does not, should not, must not be allowed to work in the context of our sacred elections. It is not good for America to not have these laws in place. It is especially bad for America when, in some States--including and especially the State of California--not only do they not require voter ID, but, as I understand it, they have a law in place that imposes a penalty--I believe it is a criminal penalty--if you even ask someone about an ID on election day at a voting place.
This is crazy. It is upside down. It is backward. So we need a Federal voter ID law, and we can pass one right now. We can pass one right now, and we must.
To that end, Mr. President, notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 547, S. 5271; further, that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.
Mr. President, reserving the right to object, I appreciate the insight offered by my friend and colleague, the distinguished senior Senator of the State of California. He is someone I enjoy working with on multiple committees. He is a brilliant scholar and statesman, and I appreciate his arguments today.
Now, I want to point out what we didn't hear in his argument. At no point do we have any effort to address the merits of this legislation, the merits of voter ID laws.
Instead, what we have heard from Senate Democrats so far this year on this issue has been: This isn't necessary. We don't need it. It is needless as voter fraud doesn't happen.
That has, of course, been proven very much false in recent months.
Then they moved on to arguments like: Well, requiring voter ID laws would harm rural Americans or urban Americans. And then one day it is: It will harm older Americans. Another day, it is younger Americans. At times, they called them racist or sexist, which is odd because arguing that women are less likely to have and be able to produce a photo ID or that members of this or that race are able to do that doesn't make any sense. It doesn't comport with our common experience, with our common understanding.
People of all races, people of both sexes, people in rural America and urban America and suburban America and everything in between, they have photo IDs because in this day and age, you have to have photo IDs. That is what they have been arguing so far this year.
Now, today, what we did hear, most of what we just heard from my friend and colleague, one of the U.S. Senate's most gifted minds, was: Well, it is too late--too late. You can't change the rules midstream because early voting has already happened.
Well, this is convenient after they have argued over and over and over again: We don't need this and it is wrong and it is racist and it is sexist.
Now, the argument has shifted to: Well, it is too late. Sorry. You lose. So they have secured the delay and gotten us now to the point where we are just weeks before the election. Early voting is already commencing in certain parts of the country. And now the argument is: Sorry. Too late.
So I would love to find out from my colleague from California, does this mean he would be willing to accept this legislation, to pass it, to pass it today, right now, if only we included a delayed implementation clause such that the effective date would occur at some point after this November's midterm election?
I would love to know that, and I am hoping, at the conclusion of my brief remarks now, that he will tell us that.
Then he moves on and asks the question: What is really going on, having never made any argument against the merits of this legislation. He makes it about time, and then he moves on and tries to attribute ill motives to me, to Senator Husted, to Senate Republicans, and to the Trump administration for supporting this; ill motives founded on sowing fear, uncertainty, and doubt, creating chaos in the elections, dogs and cats living out in the streets, a scene right out of the Book of Revelation.
This doesn't make any sense, especially given that we could remedy that if only he would agree to just a simple delayed implementation measure. And even if we didn't, what is the worst case scenario if we passed this right now and the House of Representatives passed it tomorrow with an immediate effective date?
The worst thing that can happen is that people show up on election day and they are asked to pull out a document that they produce several times a month; in many cases, several times a week; or, in some cases, several times each day every day. It is not that big of a deal; in fact, our election security depends on it and, frankly, should require it.
Finally, then my friend and colleague the distinguished Senator from California tries yet again to distract attention away from this knowing, understanding perhaps, that this is supported by 83-84 percent of all Americans--Democrat, Independent, and everything in between.
And it seems it is almost right out of ``Bill & Ted's Excellent Adventure,'' where they are confronting an enemy, and not knowing what else to do, they say: Look, it is the Goodyear Blimp. And while the guy they are arguing with turns to look for the Goodyear Blimp, which is not, in fact, there, they run in the other direction.
He then tries to make it about tariffs and asks that instead of this, we consider and we pass this bill S. 5390, which I saw for the first time only minutes ago, that has absolutely nothing to do with anything addressed by this legislation I am trying to pass here today, nothing to do with election security.
Fine, let's talk about tariffs on another occasion, but that is not what we are talking about here. This is a distraction. It is a distraction away from something that the American people expect and demand us to do something about.
So for these reasons, I cannot, I will not, I must not agree to those terms that we are just going to set this aside and move on to and pass this tariff bill that has nothing to do with election security.
On that basis, I object and hope that my friend and colleague will tell us whether he is willing to agree to this legislation with delayed implementation mechanisms.