I thank my colleague for yielding. I wish specifically to address the statement made by Chairman Ehlers, for whom I have the greatest respect. And he is my friend. I disagree where you say, Mr. Chairman, that this is not an unfunded…
I thank my colleague for yielding. I wish specifically to address the statement made by Chairman Ehlers, for whom I have the greatest respect. And he is my friend.
I disagree where you say, Mr. Chairman, that this is not an unfunded mandate. Although H.R. 4844 authorizes, as you correctly say and from the language of the bill, such sums as necessary to fund the program, it does not guarantee any funding to States to pay for the requirements of this bill.
The Help America Vote Act was authorized for $3.9 billion, and to date only $3.1 billion has been appropriated, leaving an $800 million shortfall. The sponsors of H.R. 4844 simply cannot guarantee that States won't be stuck with the bill for the costs imposed by this legislation.
The unfunded mandates law was the very first bill considered on the House floor when the Republicans took control of the Congress in January of 1995. I was here when it passed. They were highly critical of previous mandates imposed by Democratic Congresses and adamant about not allowing legislation to impose unfunded mandates on State and local governments as well as the private sector. Yet here we are today ready to impose enormous costs on these entities and on private citizens as well.
I support the point of order and ask that it prevail.
Mr. Speaker, I thank the gentlewoman from West Virginia (Mrs. Capito), for the time, and I yield myself such time as I may consume.
Mr. Speaker, I am in opposition to this closed rule. This so-called Federal Election Integrity Act places an unconstitutional burden on the fundamental rights of eligible citizens to participate in our country's democratic process.
I agree with the words of President Lyndon Johnson when he said, ``The vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible wall which imprisons men and women because they are different from other men and women.''
Today, before millions of Americans, the majority is trying to reconstruct the walls of injustice and imprison our poor, disabled, elderly and young by putting up barriers to the voting process. This majority Congress has decided to embarrass itself further by coming up with a solution in search of a problem instead of passing legislation that would rectify actual problems that plague our citizens.
Out of all of the issues that this Congress could be considering in the last 2 weeks before we adjourn, the majority has decided that the priorities of the American people include trying to make voting harder for segments of our population that already have it difficult.
In today's USA Today, it says, ``Crisis Seen in Luggage Screening.'' And this is a report by TSA and airports highlighting the urgency of us needing to screen baggage that goes onto airplanes, and here we are screening voters who have done nothing wrong in the first place rather than dealing with urgent matters.
Although the majority of Americans have and use IDs as a routine matter, approximately 10 percent of the public, disproportionately people of color, elderly citizens, disabled citizens, and young people and low-income citizens, do not have government-issued photo IDs.
When I think about the latest schemes of the majority, I cannot help but think about who exactly this bill would affect. I call attention, for example, to elderly blacks born into segregation, as my mom and grandfather and grandmother were, and racism that existed in the pre- civil rights era in the South.
My mother was born in Florida in the early 20th century at a time when the birth of most blacks was not officially acknowledged by States or localities. This meant that my mom and thousands like her were not issued birth certificates. This practice continued in some areas of this country into the 1950s. Furthermore, many persons at this time do not drive, like my mom, so they never obtained licenses either.
Mr. Speaker, the claim that voter fraud is such a rampant problem is really beyond the pale. There is virtually no empirical evidence. I might add they held no hearings, did not take into consideration anything other than some nominal reports regarding this matter. There is virtually no empirical evidence that voter fraud with any frequency would warrant such a restrictive and potentially harmful legislation.
Furthermore, proponents of the voter ID requirements cannot even prove that existing safeguards do not adequately address the minimum problems of fraud. I heard all of the talk about something happened in Arizona and what the people did. All of that was prosecutable under the law as it exists. This legislation is nothing short of yet another political ploy at a political time when we are in high political dudgeon to bamboozle, disenfranchise American citizens.
The fact that this bill is being considered as a closed rule with no amendments and no debate confirms my suspicions that the majority is actively doing everything in its power to stifle democracy instead of letting it flourish.
Mr. Speaker, this country needs a new direction. This bill is nothing but a distraction to real issues that deserve real solution. Currently States have several alternative means to address potential problems associated with voter fraud. When those alternatives are executed correctly, which includes statewide voter registration databases, in- person affirmation and signature comparison, they pose less of a burden on eligible Americans than a mandatory ID. I also note that most of these alternatives have long been used successfully in States across the country.
If Republicans were serious about carrying out real election reform, they would not have voted against the two
amendments offered by my two good friends on the House Administration Committee, Ranking Member Millender-McDonald and Representative Lofgren, that sought to improve voter participation and access to polls.
As it stands, the current legislation before us today does absolutely nothing to alleviate the problems Florida had with recent elections on September 5, and would not address current problems that many States are still experiencing today.
Maryland, just last week, had all sorts of problems that this measure here would not have covered in their flawed election. I am not the only one who is concerned about the effectiveness of this bill. Our colleague, Lincoln Diaz-Balart, expressed extreme concern about there not being a paper trail in the voting process. I strongly agree with his concerns and those of Robert Wexler, who has fought the paper trail problem in my district, and note that this bill provides nothing, nothing, for States to improve electronic vote.
Several States, including Florida, Missouri, where Mr. Skelton is from and who will speak, has personal experience. Ohio, Michigan, Arizona, and the city of Albuquerque, New Mexico, have enacted voter ID requirements that have been challenged in court. Many have already been found unconstitutional and thrown out while others are still pending. Just yesterday, another judge, a superior court judge in Georgia, threw out that State's voter ID, which has been litigated ad nauseam.
For a party that doesn't like trial lawyers, the Republicans would almost guarantee big business with trial lawyers, with the increase of litigation that would immediately follow the passage of this litigation.
Mr. Speaker, we cannot bypass the opportunity to pursue real election reform. We cannot let the majority pass harmful and vague legislation that would only nullify the advances we have witnessed with such legislation like the Voting Rights Act.
Two years ago, in response to what I believe is going to be recited, that this is not an unfunded mandate, 2 years ago, the Democrats on the Appropriations Committee tried to provide funding under the Help America Vote Act, but the Republicans on that committee voted it down. So your argument that there would be funds for this falls on deaf ears. Once we pass a measure like this, the localities are going to have to bear the brunt, whether we fund it or not. Voting is for all of us, not just most of us. We can and must do better in the people's House.
For these reasons, I oppose this closed rule and the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I just wish to correct one thing with reference to President Carter. What he said was that there should be identification, not proof of citizenship, and that it should be free to everybody. I am sure he didn't allow for an unfunded mandate.
Mr. Speaker, I yield to the distinguished ranking member of the Armed Services Committee, a decorated veteran and hero that all of us respect. I would be interested, the kind of hero that Ike Skelton is, that he tell his story; or hear his story about what happened to him.
Mr. Speaker, I yield 2\1/2\ minutes to my good friend, the distinguished gentleman from Missouri (Mr. Skelton).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, Mr. Ehlers continues to use Arizona. In the first 6 months of 2005, as a result of Arizona's Proposition 200, more than 10,000 Arizona citizens had their voter registrations rejected as a result of failure to provide adequate proof of citizenship. I think that is horrible.
Mr. Speaker, someone else that knows about protecting us from fraud is the ranking member of the Homeland Security Committee, who I believe has had a substantial career dealing with the subject of voter problems.
Mr. Speaker, I yield 3 minutes to my good friend, the distinguished gentleman from Mississippi (Mr. Thompson).
Jimmy Carter also said that States should make voter registration and IDs accessible to all eligible citizens by using mobile offices and other means to register more voters and issue photo ID cards, and he also called for comprehensive electoral reform, which you all are not willing to do.
Mr. Speaker, I yield 3 minutes to the distinguished minority whip, my good friend, the gentleman from Maryland (Mr. Hoyer).
Mr. Speaker, I am very pleased to yield 2 minutes to the distinguished gentlewoman from California (Ms. Solis), my good friend. Ms. Solis is the first Hispanic woman to be elected to the California senate. She has had a lot of experience in this voter business.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, it is only the things you cite, I just am curious. For beer or to cash a check or get on a plane or buy cigarettes or go into a building, do you need citizenship on that ID?
Mr. Speaker, I am very pleased to yield 2 minutes to the distinguished gentleman from California (Mr. Becerra), my good friend and classmate.
Mr. Speaker, I would advise my friend from Florida and colleague in the House of Representatives that the people that stole the election in 2000, in mine and your State, were not illegal immigrants.
Mr. Speaker, I am very pleased to yield 2 minutes to the gentlewoman from California (Ms. Lee), my good friend.
Mr. Speaker, I am very pleased to yield 2 minutes to my very good friend from Arizona (Mr. Pastor). Arizona has been utilized an awful lot here. Perhaps we should hear from an Arizonan who was at Mr. Ehlers' hearing and could speak to this issue.
(Mr. PASTOR asked and was given permission to revise and extend his remarks.)
I am prepared to close at this time, and I yield myself the remainder of the time.
Mr. Speaker, I will submit for the Record the Carter-Baker Commission on Federal Election Reform Report that appeared in the American University. In addition thereto, I will submit for the Record an Atlanta Journal article referring to the Georgia Supreme Court's denial of this same measure.
Mr. Speaker, you know where some fraud is occurring, as much as this seems to be ringing alarm bells in the majority? There is a lot of fraud in Medicare in the United States of America, there is a lot of fraud in Medicaid. We could drive right across 14th Street Bridge and go over there and find all that fraud at the Pentagon if we wanted to hunt up some real fraud. And we could really go to Iraq and trace the money that has been wasted in Iraq's reconstruction if we want to find some fraud. I mean, those are some urgent things.
To buy beer, you don't need to be a citizen if you have photo ID. To cash a check, you don't have to be a citizen. To get on a plane, you don't have to be a citizen. To buy cigarettes, you don't have to be a citizen. And now you come up with the precursor to a national ID card. And that is really what this is, after we get past all the mumbling, fumbling, and words that we are saying.
Mr. Speaker, I will be asking Members to vote ``no'' on the previous question so I can amend this rule to allow the House to consider the Millender-McDonald amendment that was offered in the Rules Committee late last night, but was rejected.
I ask unanimous consent to print the text of the amendment and extraneous materials immediately prior to vote on the previous question.
Mr. Speaker, if the leadership is insistent on the moving forward with this divisive bill, which I might add ain't going to pass the Senate, let's at least allow the ranking member of the committee of jurisdiction to offer her amendment to try and address some of the more egregious provisions in the bill.
The Millender-McDonald amendment would establish uniform standards for the treatment of provisional balance and clarify criminal penalties for voter fraud under the Help America Vote Act. It would codify a Federal court decision that HAVA matching requirements are intended as an administrative safeguard, not as a restriction on voter eligibility. And it would recommend to the States additional fraud-prevention methods. Finally, it would exempt senior citizens, the disabled, and the military and their families from onerous photo ID requirements in the bill.
Mr. Speaker, nonparticipation in the election process is more of a problem in this country than noncitizens trying to vote. This bill will do more to keep eligible American citizens away from the polls than it will do to fix the nonexistent problems of ineligible immigrants sneaking in to vote in our Federal elections.
If we must take up this problem in search of a solution, let's at least allow the Millender-McDonald amendment to be included. I ask that we vote ``no'' on the previous question so we can consider this important amendment.
[From AU News, Sept. 19, 2005]
Carter-Baker Commission on Federal Election Reform Stresses Urgency of
Reform
Washington, DC.--Former President Jimmy Carter and former
Secretary of State James A. Baker, III will conduct meetings
with President Bush and Congressional leaders today to
discuss recommendations in the final report of the Commission
on Federal Election Reform, which they co-chaired.
The 21-member Commission, which conducted public hearings
in Washington and Houston, offers 87 recommendations to
strengthen the country's electoral system and build
confidence among voters in the political process. The
Commissioners met with political leaders Monday in order to
stress the need for change before the 2008 presidential
election.
``Elections are the heart of our democracy,'' Carter said.
``The Help America Vote Act of 2002 made an historic
contribution, but one law is not enough. The American people
are losing confidence in the system, and they want electoral
reform. We have forged a comprehensive package of reforms
that represent the best path toward modernizing our electoral
system, and we hope that the President, the Congress, and the
states will consider them seriously.''
``We hope that this report will help transform the sterile
debate between Democrats and Republicans on election reform
issues and provide the impetus for our federal and state
leaders to take action now, when we still have plenty of time
before our next presidential election,'' Baker said.
The 21-member private commission is organized by American
University. Comprised of former Members of Congress, scholars
and nonpartisan leaders, the group identified ``five
pillars'' of election reform--voter registration, voter
identification, voting technology, increased access to voting
and nonpartisan election administration--and recommended ways
to strengthen them. Highlights include:
To address the most serious problem of inaccurate
registration lists, the Commission recommends that states,
not local jurisdictions, organize and update their lists, and
that the U.S. Election Assistance Commission (EAC) take the
lead in making the lists interoperable so as to eliminate
duplicates when people move between states.
To enhance ballot integrity, states should require voters
to present a REAL ID card at the polls and provide non-
drivers with a free photo ID card for voting, but during a
transition, citizens without a card should be permitted to
vote with a provisional ballot.
States should make voter registration and IDs accessible to
all eligible citizens by using mobile offices and other means
to register more voters and issue photo ID cards.
Congress should pass a law to require voter-verifiable
paper audit trails on all electronic voting machines, and the
EAC needs to take additional steps to ensure those machines
are secure and accessible for people with disabilities.
The U.S. Election Assistance Commission and state election
management institutions should be strengthened and
reconstituted on a nonpartisan basis.
The presidential primary schedule should be reorganized
into four regional primaries.
The full report is available on the Commission Web site at
http://www.american.edu/Carter-Baker.
The Commission's Co-Chairs will have a press conference on
Capitol Hill at 1:30 pm in the Hall of Columns. President
Carter will also be speaking at American University at 4 pm,
and that will be open to the media.
American University's Center for Democracy and Election
Management (CDEM) organized the work of the Commission in
association with the James A. Baker III Institute for Public
Policy at Rice University, The Carter Center and
electionline.org, sponsored by The Pew Charitable Trusts.
General sponsors include Carnegie Corporation of New York,
the Ford Foundation, the John S. and James L. Knight
Foundation and Omidyar Network. CDEM Director Robert A.
Pastor is executive director of the Commission and serves as
a Commission member.
In addition to Carter, Baker and Pastor, Commission Members
include:
Betty Castor, the 2004 Democratic candidate for U.S. Senate
in Florida.
Tom Daschle, former U.S. Senate Minority Leader from South
Dakota.
Rita DiMartino, former vice president of congressional
relations for AT&T.
Lee Hamilton, president and director of the Woodrow Wilson
International Center for Scholars and a former Member of
Congress from Indiana.
Kay Coles James, former director of the U.S. Office of
Personnel Management.
Benjamin Ladner, president and professor of philosophy and
religion at American University.
David Leebron, president of Rice University in Houston, TX.
Nelson Lund, professor of constitutional law at George
Mason University in Arlington, VA.
Shirley Malcom, head of the Directorate for Education and
Human Resources Programs of the American Association for the
Advancement of Science (AAAS).
Bob Michel, former U.S. House Whip and House Minority
Leader from Illinois.
Susan Molinari, president and CEO of the Washington Group,
a government relations and lobbying firm, and former Member
of Congress from New York.
Robert Mosbacher, chairman of Mosbacher Energy Company and
past chairman of the Republican National Committee.
Ralph Munro, former Washington secretary of state and board
member for various voting and Internet technology comparues.
Jack Nelson, Pulitzer Prize-winning journalist and former
Washington bureau chief for the Los Angeles Times.
Spencer Overton, professor specializing in voting rights
and campaign finance law at The George Washington University
Law School in Washington, DC.
Tom Phillips, former chief justice of the Supreme Court of
Texas.
Sharon Priest, former Arkansas secretary of state and
current chair of the Arkansas State Election Improvement
Study Commission and the State Board of Election
Commissioners.
Raul Yzaguirre, presidential professor of practice in
community development and civil rights at Arizona State
University and former president of the National Council of La
Raza.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.