Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the subject of my Special Order tonight. Mr. Speaker, thank you for…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the subject of my Special Order tonight.
Mr. Speaker, thank you for recognizing me, and I thank the Democratic leader, Ms. Pelosi, for giving me this time. I thank my colleagues for listening and for joining me in a few minutes. But I am also very sorry to be here in a certain respect. I'm sorry because I stand here tonight to talk about threats to the right of American citizens in States across this great country to go to the polls and cast a ballot in our elections.
The single most fundamental aspect of our democracy--or any democracy--is the right to vote, and that right is under attack. Mr. Speaker, there is no right mentioned more often in the Constitution than the right to vote. In the past 207 years we have amended the Constitution 15 times. Seven of those amendments--almost half of the amendments--over the last two centuries are about protecting, in the words of the 14th Amendment, the right to vote.
Minorities, women, adults over 18 years of age, poor citizens, and of course citizens of our Nation's Capital--at least if only for the Presidential election--all of these groups' right to vote has been enshrined in our Constitution. That's why it is so troubling to see dozens of States passing laws that will make it harder for citizens of the United States to vote. Whether by denying them the opportunity to vote after church on Sunday before the election day--perhaps because they cannot take time off work on election Day--or requiring them to spend time and money to procure a birth certificate and a photo ID, the only thing that these laws will do is to weaken our democracy. They are just plain wrong.
Hopefully, I will be joined by some of my colleagues. But I do want to spend a little bit of time explaining to the American public and to my colleagues what this is all about. And I'm going to start off by the photo ID voter requirement which is being passed obviously out of the legislature in the State of Texas and to be enacted for the 2012 election.
What is it exactly? Well, people will say, you mean, you just have to have a photo ID? It is not just any photo ID; it has to be one that meets all the requirements of a particular State's laws. So you would say, well, how onerous could that possibly be? As I've said, it is not just any government-issued photo ID that will be accepted on election day. It has certain requirements. So, much to my surprise, I recently found out that basically my identification and my voting card that all Members of Congress use would not be sufficient, would not meet the requirements in the great State of Texas. But it should not come as any surprise, because if you are a veteran and you have a photo ID that allows you to go to the Audie Murphy Memorial Veterans Hospital in San Antonio, Texas, in my district, that photo ID will not suffice under Texas law. If you're a student in one of our State-supported institutions that has your photo on there, has your name, all that information, that is not going to meet the requirements in the State of Texas.
So you would ask, why would we pass these laws? What is the need? What is the requirement? Because we all know, whether you're in the State legislature or in this great House of Representatives at the Federal level, we don't pass unnecessary laws. So there must be a purpose behind these photo ID laws as well as other laws that are restricting the rights of individuals to exercise the right to vote.
It is to stop fraud. The photo ID, its whole purpose is to stop people from impersonating an eligible voter.
Now, you would say, so that must be happening across this great country and that's why we need this law. People are impersonating other people. People that shouldn't be voting might be impersonating an eligible voter. So let's discuss that, the reason for the photo ID in these many States.
I'm going to give you the example of the State of Kansas. The secretary of state pushed an ID law on the basis of a list of 221 reported instances of voter fraud. This all was supposed to have occurred in Kansas since the year 1997. So from 1997, for about 13 years, there were 221 reported instances of voter fraud. When the newspaper, the Wichita Eagle, looked into the local cases cited by the secretary of state, they found almost all of them were honest mistakes. None were attempted to be perpetrated by someone impersonating someone who they were not.
A great example of that, and I have to read you the excerpt from the Wichita Eagle of October 29, 2010:
Republican Kris Kobach, who has built his campaign for
secretary of state around the issue of voter fraud, raised
the specter of the dead voting in Kansas.
Kobach said in a news conference Thursday that 1,966
deceased people were registered to vote in Kansas.
``Every one of those 1,966 identities is an opportunity for
voter fraud waiting to happen,'' he said. Furthermore, he
said, some were still casting ballots. He gave an example of
one person--Alfred K. Brewer, a Republican, registered in
Sedgwick County with a birth date listed of January 1, 1900.
Brewer, according to the comparison of Social Security
records and Kansas voter rolls, had died in 1996 yet had
voted in the August primary, Kobach said.
Reached Thursday at his home where he was raking leaves,
Brewer, 78, was surprised some people thought he was dead.
``I don't think this is heaven, not when I'm raking
leaves,'' he said.
Those are example after example. No one can give you a specific example of voter fraud based on someone impersonating someone who they should not be on Election Day.
Now, between the years 2002 and 2007, a major Department of Justice, at the Federal level of course, had a probe into voter fraud. The result was failure to prosecute a single person for going to the polls and impersonating an eligible voter. Zero prosecutions. After tremendous amounts of manpower, time, energy, and money, nothing happened.
Now, the Brandon Center for Justice, the cases for voter fraud, what is it? So
if you have a law that is addressing a particular offensive-type behavior that obviously hurts this great Republic of ours, such as voter fraud, surely we must have demonstrated, tangible, verifiable cases out there.
The Washington Post, in an editorial, was looking at the number of alleged voter fraud. And these are not all predicated on voter ID. It could be some other type of fraud that's being perpetrated. But if you took all of the cases that have ever been alleged, this is the percentage of the total votes cast of those that might be suspect; because you've got to remember, there's going to be a price we're going to pay for this law, and that is it's going to disenfranchise the eligible voter in pursuit of the phantom illegal voter.
In Missouri, if you took all of their complaints, it would amount to, when compared to the total voter turnout, 0.0003 percent. In New York, it would amount to 0.000009 percent. In New Jersey, it would be 0.0002 percent.
So where is the voter fraud? What are we trying to address in passing these laws by the different State legislatures?
We had a recent occurrence, and this was not even a voter ID case, but this is where the secretary of state in Colorado, Mr. Gessler, was dropping voters from the voting list and not forwarding ballots for voting based on that particular voter not having voted in 2010. It didn't matter if they voted previously to that. If they did not vote in 2010, then they were dropped from the rolls.
And what was the reason for that? Well, there's potential voter fraud, potential of fraud. But they could not--that secretary of state, when they finally went to court, could not address, could not demonstrate, could not offer into evidence one case of voter fraud, not one. Based on his suspicions or conjecture.
In 2006, in the great State of Texas, my home State, the Texas attorney general had a press release, and it was entitled, ``Let's Stamp Out Voter Fraud in Texas.'' Sounds good. Sounds like a good thing to do. He could not name one, not one single case of fraud that would have been stopped by a voter ID law in the State of Texas.
I would yield at this time to my colleague, the great Representative from the great State of New Jersey, Rush Holt, for such time as he may consume.
I thank my colleague from New Jersey, and I appreciate his words of encouragement here to address what is going on in this country as we speak. As a matter of fact, there are other laws that are awaiting legislative action in different States.
I return still because I think people have a legitimate and good faith question about what are these laws supposed to address. And it's supposed to be about fraud. Mr. Speaker, let me address the claim of fraud once more.
There is no voter fraud that is going to be stopped by denying a 96- year-old woman in Tennessee her voter ID card because her last name doesn't match the name on her birth certificate, and she doesn't have a copy of her marriage certificate showing the change. There is no voter fraud that will be stopped by denying Floridians the right to vote after church on Sunday before election day.
Is that because there is no fraud? Not really. Fraud isn't about voters going to polls when they're not eligible. It's about the two individuals in the State
of Maryland who were indicted earlier this year for organizing deceptive robocalls to keep voters from the polls. It's about the robocalls last month in the State of Ohio telling people that the election was on a Wednesday. This is about the group in Houston, Texas, that just hosted a man who said that registering the poor to vote is un-American and ``like handing out burglary tools to criminals.'' That's the fraud that's really perpetrated on Americans today.
It's an old story of keeping people away from the polls when we should be encouraging them to vote. These new voter ID laws and law curtailing early voting or election day registration won't stop this kind of fraud, and the kind of fraud that would stop simply does not exist.
The previous administration, as I noted earlier, nearly broke the civil rights division of the Department of Justice in its quest to find this kind of voter fraud that voter ID would stop. They couldn't find any because it does not happen. But these laws will have a powerful effect. They will deny millions of Americans the right to participate in this democracy.
So we know what the law is. We know what it is intended to address, but doesn't really exist which is that kind of fraud. But what is the cost?
Mr. Speaker, all of us in this Chamber understand that when we pass legislation, we always look at the cost-benefit aspect of it. In other words, does the good really outweigh the bad? Is it worth the investment because there's going to be some consequence. In this case, it would not pass any kind of scrutiny if we really look at what it's going to cost Americans and how it's going to benefit Americans.
Now, the NAACP in a brief from November 1 of this year cited the following information: 11 percent of eligible voters in this country, 11 percent of eligible American citizen voters, 21 million strong, don't have updated State-issued photo IDs. So who's going to be impacted? Potentially 21 million eligible American citizen voters.
But of that 21 million, 25 percent will be African Americans, 14 percent are families or individuals that earn less than $35,000 a year, 18 percent will be seniors over the age of 65. But even 20 percent will be individuals between the ages of 18 and 29.
So I was asking a colleague, why do we do the analysis? What is the benefit and what is the cost? And many times we'll say, well, the cost is beneficial because it's worth that kind of investment if we get any kind of return.
Let me point out the fallacy of these laws when we actually apply the test because when we talk about numbers, they are mere numbers in the abstract; but these are real American voters that will be denied their right to vote when they go to that polling place and are informed that they need a State-issued photo ID.
There is no more fundamental right than that of voting, and a barrier that stops 1 percent of the people from voting is not acceptable merely because 99 percent of the people are still able to vote. Think of that proposition.
You simply are saying, well, if we just deny 1 percent, 2 percent, 3 percent, or 5 percent, you still have 90-something percent of the population, of the registered and eligible voters, who are still going to be able to vote. But think in terms if that were your vote or if that were a family member's vote. Every vote is precious in this country, and there is no evidence to support that what you're addressing is a widespread problem that will disenfranchise many, many thousands--hundreds of thousands and even millions--of American voters. That's what we're facing here today. That's what the analysis shows.
So, even if the lies of any scrutiny would show that this is ill- conceived, it will not produce the result that you're seeking because the problem that you're trying to remedy does not exist. There is a price that will be paid, and the price will be paid by many disproportionately--by seniors and minorities and by those who may not be in the upper economic scales of this country.
It is now my honor to yield such time as he may consume to my colleague from the great State of Florida, who can tell us many things about the Florida experience, Congressman Ted Deutch.
I thank my colleague from Florida.
At this time, I yield to a dear friend and colleague who is also from the great State of Florida, Congresswoman Debbie Wasserman Schultz, for such time as she may consume.
I thank my colleague from Florida.
At this time, Mr. Speaker, I would like to enter into colloquy with my colleagues from Florida and New Jersey. I guess I'm just going to pose the question: So what if just a few people are denied access to the ballot box? It's just a few. And after all, we're trying to see if there's any kind of provable, tangible fraud going on. Now, they haven't been able to prove any fraud based on identification, of course. But you pointed out in your remarks what happened in Florida in 2000.
How many votes in Florida actually determined who was going to be President of the United States of America?
And we've already touched on estimates of how millions
of eligible American citizen voters don't have a current State-issued ID. The number is in the millions. And in Florida, it was less than 600 votes.
I don't know the experience in New Jersey. But it would seem--and I went over this earlier, and I don't know if my colleagues were here--we passed laws in this Chamber, and we always try to demonstrate that we're trying to remedy a situation that is true in existence. And the manner in which we do it--we look at cost benefits. We can't prove fraud; but I can assure you, we can prove beyond a shadow of a doubt that people will be denied access to the polls.
Well, the curious thing, and I know the gentlelady from Florida has already pointed it out, there is no doubt that certain segments of voters are being targeted. This isn't an even application whose consequences will be felt across equally all sectors or segments of the voting population. We know what is really going on, and it is an asserted, directed effort. And some people may find it exceedingly hard to believe that that's what these laws will actually accomplish rather than the lofty goal of somehow eliminating, addressing voter fraud when we've already stated that you don't have any demonstrable evidence that the fraud is occurring.
Now, I do want to say in Texas, we just had this new photo ID law passed, and so I went to the Secretary of State's Office and I went to the Department of Public Safety which is charged and tasked with the duty of providing this election ID, photo ID. Now, this is the amazing thing. The Department of Public Safety in the State of Texas has not been appropriated one extra dollar
for this added burden. They are not going to have extended hours. They are going to have the regular hours. They're not going to have any mobile units of any type. They will continue using their existing facilities which are already taxed to the limit by individuals who are going in there just for regular business.
Now, this is the State of Texas. You may not believe this, but I think Florida is a pretty big State. New Jersey, not as big. But you can have a distance of 100 miles from some of our towns to the nearest DPS office. Now, why would that be important? You don't have a Texas driver's license, so that tells you you're going to have to get someone to drive you to the DPS station. And then you're going to be in the same line. Maybe they'll queue it a little differently, whatever it is, but I'll tell you now, the Texas experience is no different than most other States where you stand in line for inordinate amounts of time. If we're talking about the elderly, if we're talking about those who have some sort of a physical handicap, they can still go out and vote because they're so proud of the right to vote that they've been exercising for 60-plus years.
I would yield to the gentlelady from Florida.
I believe we still have at least 5 minutes, and I surely wanted to reference an article that was written by our colleague from Georgia, John Lewis. Mr. Holt, I think, has already referred to Mr. Lewis' illustrative career in the civil rights movement and such, but I would like to read the last couple of paragraphs because coming from John Lewis it is special because he's lived the worst of times and he knows that it's been a progression, a slow one, and we're not there yet. To somehow return to those old days under the guise of some sort of voter fraud, which again has not been demonstrated, we know the cost is going to far exceed the benefits.
This is what he said:
These restrictions purportedly apply to all citizens
equally. In reality, we know that they will
disproportionately burden African Americans and other racial
minorities, yet again. They are poll taxes by another name.
The King Memorial reminds us that out of a mountain of
despair we may hew a stone of hope. Forty-eight years after
the March on Washington, we must continue our work with hope
that all citizens will have an unfettered right to vote.
Second-class citizenship is not citizenship at all.
We've come some distance and have made great progress, but
Dr. King's dream has not been realized in full. New
restraints on the right to vote do not merely slow us down.
They turn us backward, setting us in the wrong direction on a
course where we have already traveled too far and sacrificed
too much.
Mr. Speaker, how much time remains?
I'd like to yield time to each of my colleagues as we close out the Special Order.
I would first recognize the gentleman from New Jersey (Mr. Holt).
I thank my colleague for his participation and his words.
I would yield to my colleague from Florida.
I thank my colleague from Florida, I thank the Speaker, and I yield back the balance of my time.