Mr. Speaker, I want to compliment the gentleman from Texas and associate myself with his remarks. I rise to reject, without prejudice or malice, the previous question, the rule, and the underlying bill. As has been mentioned, this is not…
Mr. Speaker, I want to compliment the gentleman from Texas and associate myself with his remarks.
I rise to reject, without prejudice or malice, the previous question, the rule, and the underlying bill. As has been mentioned, this is not partisan disagreement because the issue does not advantage or disadvantage either party. This is a disagreement on the wisdom of the proposed policy. I am against the bill because it fails to correct the most egregious problems caused by forcing all States to conduct elections within 45 days of the Speaker's announcement of mass Member fatalities.
Regardless of how one feels about a constitutional amendment to address congressional continuity, we should defeat this bill because it will not work in practice and does not address the need to ``stand up'' the Congress immediately following a disaster. It does not support the immediate restoration of representative democracy, a key element in the Connecticut Compromise, noting that as important as it is that the people elect representatives, it is equally important to note that the people they send here represent the States.
I want the Members in this body, because this is a difficult and complex issue, to understand its complexity; and the best way that I have seen to relate this to Members is to evoke two images in their mind.
The first image is that of Members of this body, huddled in the Capitol Police office, waiting to hear word of what happened from our leaders who were somewhere, and who later that afternoon conveyed to us over the phone what had transpired and what happened and asked that this body not return here to the Capitol, out of concerns for safety. The Members there rejected that overwhelmingly, and came en masse--and in one of the most remarkable and memorable moments in our history-- stood on the steps of the House--united. It is a moment I will always cherish and remember, and I want my colleagues to reflect on that, it was an important symbol that we sent out to our people. Immediately standing there, Democrat and Republican, Senate and House, all united.
The other image is this: not too long after that event, we convened in this House, a joint caucus called by the gentleman from Illinois (Speaker Hastert) and the gentleman from Missouri (Minority Leader Gephardt). The issue was different. It dealt with anthrax. There were concerns, purportedly a deal had been agreed to, signed off by the President and the Senate, that because of concerns as they related to safety, that we would close down this Chamber, and people would go home.
It was not met agreeably amongst the caucus. But our leaders appealed to our better angels, and we agreed to go home. The Senate did not. Recall, if you will, how you and your colleagues felt viscerally when the papers reported that the Senate was here, and the House had gone home.
I asked the Committee on Rules to make four amendments in order. The Committee on Rules only made two in order. My two proposed amendments, which were taken prisoner by the committee, would have allowed States to use their regular means of selecting candidates, and would have avoided trampling on 40 years of voting rights laws.
Under this bill, political parties must select candidates within 10 days of the Speaker's declaration, or give up their place on the ballot. So much for the
participatory process of candidate selection.
In my heart, and I thought it was great discussion in front of the Committee on Rules, I agree with what the gentleman from Massachusetts (Mr. McGovern) had to say. He suggested in the Committee on Rules that this issue is of such gravity, and such importance, that it actually transcends the normal committee processes, and that, in a joint committee, much like the one that the gentleman from Illinois (Mr. Hastert) and the gentleman from Missouri (Mr. Gephardt) called, we should discuss this issue amongst ourselves.
These are complex issues that require us to examine them throughly, but I do not believe the underlying bill provides that. Some of the things eloquently addressed by the gentlemen who are proposing the underlying bill, do protect, do promote, and do give great glory to this body and its grand tradition.
Others have spoken equally eloquently on that issue as well, in talking about the need for representative democracy to be promptly installed, while making sure that in fulfilling the mission of having people duly elected, we do not trample on the democratic rights and the processes by not allowing enough time.
I urge a ``no'' vote.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me begin also by thanking my distinguished colleague from Ohio. Throughout this debate and discussion, clearly when there was an opportunity where issues were non-germane because of the importance and gravity of this issue, the chairman saw fit to make sure that this discussion was able to flow in our committee.
I further want to thank the Speaker of the House and the gentleman from Missouri (Mr. Blunt), as well, for their intercessions and understanding of the importance and significance of this issue. And as was mentioned by the gentleman from California (Mr. Dreier), and the gentleman from Wisconsin (Mr. Sensenbrenner) earlier as well, their willingness to bring a constitutional proposal before their committees, which I think is an important step in this process.
The continuity of Congress, as was pointed out by the distinguished chairman, apparently means different things to different people. But in reality, it comes down to one question: Can the legislative branch be fully functional in the immediate aftermath of a disaster which affects some or all of its Members? Can it ``stand up'' immediately in the wake of a catastrophe? For that kind of thing to take place, I turn to ``Justice,'' or more appropriately Judge Learned Hand, whose name I think is among the great names in history. But more importantly, what Judge Learned Hand said is ``The spirit of liberty is the spirit which is not too sure that it is right.''
As we approach this debate today, and understanding the complexity of the issues involved, as the gentleman from North Carolina (Mr. Watt) said earlier, neither side should be claiming that it is ``right,'' but both sides should be citing the principles that they are adhering to in trying to put them forward in the current context.
In my remarks before the Committee on Rules, I cited a couple of images that are seared in my memory, and I think the minds of most people here--the image of us all united on the steps of the Capitol immediately following the attacks on September 11, together and unified. And then also, not too long afterward, another situation that arose with respect to anthrax that moved the Speaker and then-Minority Leader Gephardt to convene a joint caucus. In that joint caucus we also discussed very important issues.
And at that time, because of the safety concerns around this building, our leaders argued that we had to shut down the legislative process, shut down the building for safety reasons, in what was thought to be an agreement with both the President and the other body. Appealing to our better angels, even though the Membership itself did not want to go home, we did, only to read in the papers that while the House was at home, the Senate was doing its duty. We know what the reality of that situation is.
I raise these symbolic images because of the message it sends out to the American people. And as was pointed out by the distinguished gentleman from Ohio, I think it directly points to the differences that we have with regard to this bill. And they are important distinctions.
Earlier debate on the rule highlights the fact that there are really two convergent remedies before us today. Under immediate consideration is a statutory scheme to quickly fill House vacancies in the wake of mass casualties. Like it or not, even these expedited elections, which maintain the elective character of the House, cannot satisfactorily fill the potential power vacuum created in the wake of a catastrophic event, and do not address the issue at all with respect to incapacity.
It is important because, if either the House or the Senate cannot operate, or their actions are subject to questions of legitimacy, our systems of checks and balances fails, and our democracy is in jeopardy. These questions of legitimacy were raised most notably in my research by Estes Kefauver, when he said, having nobly served in this House, that no one enters into this Chamber who has not--as the gentleman from Wisconsin (Mr. Sensenbrenner) eloquently said--been duly elected by the people. That is a powerful and unique statement to make. But Kefauver went on to say that there is an important concern about the representative nature of this democracy--that while we are, in fact, elected by people, we are sent here by the States. And a catastrophe that could prevent whole States from not being represented for 45 days goes to the heart of my concern about the underlying bill.
So I have some questions that I pose to the House today, for our consideration as we debate this bill.
First, in the wake of a disaster, is the House able to reconstitute itself so that its actions are viewed by the American people as legitimate and representative under the Constitution? And legitimacy here is very important. Unless representatives from nearly all the 50 States are present to debate and deliberate, then the answer is ``No.'' Although, arguably, the House could function under parliamentary rules with as few as three Members, would the action of three Members have the legitimacy that it needs?
We all know and have heard from earlier debate that the Senate could immediately reconstitute itself. And there is a process for succession for the President. The smaller the number of Members, and the fewer the number of States represented, the greater the question of legitimacy.
Unless fully constituted with all 50 States participating, through some form of representation, there is no ``representative'' body for the people of various States, and House actions would lack the legitimacy of national ``majority rule'' under the Constitution.
Second, if immediate legislative authority is necessary to validate and support executive branch functions, and I believe it would be, or to hold them in check, will that legislative authority be there? If not, will the executive branch feel constrained to wait for a reconstituted legislative branch to work its legislative will? In a crisis, will we be governed by the rule of law, or by the will of men?
No one I have ever talked to about this scenario believes that the executive branch will put its functions on ``hold'' while the House is being reconstituted. If there is a national threat, or a natural disaster, the executive branch will respond however it chooses, perhaps extralegally, because of the absence of checks and balances from a functioning legislative branch. In other countries, this type of executive branch action would be called ``martial law.''
Third, is it necessary to squeeze the lifeblood out of our democracy's electoral process in the name of expedited elections? Clearly, that is not the intent of the proponents of this bill--I understand that. But unintended consequences happen in these situations.
Presumably state-chosen representatives, could save temporarily, while awaiting permanent replacements which are the result of legitimate popular elections conducted in the 50 States under their own election processes. This bill Federalizes State election procedures in these circumstances, and its timetable, unfortunately, tramples all over essential elements of our democracy, squeezing out most States' candidate eligibility and the selection procedures, voter registration opportunities and voter choice. It also tramples on 40 years of civil rights and voting rights laws. Is this really necessary?
Mr. Chairman, I will include for the Record the following letters and documents.
Secretary of the State,
Connecticut,
Hartford, CT, December 11, 2003
Hon. John B. Larson,
Longworth HOB,
Washington, DC.
Dear Congressman Larson: As the Chief Elections Official
for the State of Connecticut, I am writing to express my
concern over H.R. 2844 currently being debated in Congress
that would require states to hold special elections to fill
vacancies in the House of Representatives not later than 45
days after the vacancy is announced by the Speaker of the
House of Representatives in extraordinary circumstances.
While Connecticut General Statutes under Section 9-215
already allows for a special election for state
representatives and state senator in 45 days, a special
election for a member of Congress would represent a much
larger geographic and electoral population. In Connecticut,
for example, a congressional seat can be 50 times the size of
a state representative or a state senate district.
A 45 day special election in a Connecticut congressional
district would not only be unworkable but runs counter to a
fair and democratic process. Specifically, such a short time
frame would not give voters the opportunity to make an
informed decision about any of the candidates running for
office or about the issues being discussed. In addition, a 45
day special election for Congress would not allow the
opportunity for a primary. This would essentially force
Connecticut back to a closed election process after the
General Assembly recently opened up our democratic primary
system this past legislative session.
In addition, pursuant to State and Federal law, the State
of Connecticut has 45 days to issue overseas ballots. These
ballots contain the names of candidates for federal office
only and are available 45 days before any election where the
names of candidates for federal office appear. Holding a
special election for Representative in Congress 45 days after
the vacancy would create a timeline too short to comply with
the State and Federal laws requiring the availability of the
45 day overseas ballots.
Thank you for your consideration of my comments and I
commend you on all of your hard work as you co0ntinue to
debate this very important issue in Congress. Please do not
hesitate to contact me or my Deputy Secretary of the State,
Maria Greenslade, if you have any questions or if I can be of
assistance.
Sincerely,
Susan Bysiewicz.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, may I inquire, we have reserved our time, but who will close and in what order?
Mr. Chairman, I yield 5 minutes to the gentleman from Washington (Mr. Baird), who as has been pointed out by several others, has done extraordinary work on behalf of this institution and this body to bring this very important issue before us.
Mr. Chairman, I yield 3 minutes to the gentleman from Rhode Island (Mr. Langevin), who has also been in the forefront of this issue, and I thank him for his comments.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield for the purpose of a unanimous consent request to the gentleman from Michigan (Mr. Conyers).
(Mr. CONYERS asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield myself the balance of my time.
Let me say, Mr. Chairman, how much I have appreciated the debate this afternoon on this important issue. I want to go back, because of the focus of this debate, to comments made by Estes Kefauver. This is not an issue that is new to this Chamber. It has been raised in the past, and I think Kefauver cuts to the core of this issue.
He said, ``I do not say that it would be necessarily impossible for the House of Representatives to function with but a fraction of its Members. I am informed that present parliamentary precedents indicate that the House can operate with a quorum of its living Members. But any disaster which killed one-half or one-third of the Representatives might well disable or isolate so many others that a quorum of survivors could not be mustered.
``Also, if this occurred before a new Congress had organized and adopted its rules, a point of order might well be sustained that a quorum consists of a majority of all Members chosen. In any event, it would be important at such time that the representative character of the House be preserved. And that the delegations of the people of all States be substantially intact for the urgent legislative action which could be taken.''
The representative character of the House is equally as constitutionally compelling as is being duly elected here, because as so often quoted today, the Connecticut Compromise focused on the representation of States, and if a disaster did occur, I cannot imagine a body or this democracy would be able to proceed in a legitimate fashion with the potential of States, many States, not even being represented.
Kefauver went on to say the President should have the degree of support and national unity which only a fully constituted Congress can give him. Think back to those images I talked about earlier and how important it was as a symbol for this country. I think that cuts to the heart of how strongly people feel about this issue.
Mr. Chamberlain of Michigan shared a similar concern. His concern was that this body, its representative nature, without being legitimate, could force us into a situation that would not be reflective of this great institution and this great body.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the two amendments I have been restricted to offering today during this truncated debate will attempt to restore to the bill some of the elements which the American people associate with true democracy and legitimate elections, elections which allow the public to make a reasoned choice from among candidates who have had a fair chance to present themselves and to conduct campaigns, and elections which allow the American people to feel secure that their officials are representative of the diversity of their views.
That is, after all, the essence of our democracy. That is what this arbitrarily crafted legislation would strip away from all of us at a time when the stability of our political system will be under more stress than at any point since the Civil War.
One basic element of elections is the time required by our political system to conduct them. Supporters of expedited special elections, or in the case of this bill would be better called ``rushed'' special elections, would no doubt say that time is of the essence in replacing deceased Members of the House, and I agree. But the essence of democracy is choice, and the practices to facilitate that choice.
Meaningful democratic elections provide time for candidates to choose to run, time for political parties to choose among them through primaries and other methods, time for minor parties and independent candidates to qualify for the ballot, time for voters to register to vote, time to secure polling places, time to train poll workers, print ballots and mail out and receive back absentee ballots.
My first amendment today addresses the bill's short overall time frame. It would increase the maximum time allowed to conduct special elections to 75 days, up from 45 days. There is nothing in this amendment which prevents any State from holding expedited special elections in a shorter time should they wish to do so and should they be capable of doing so. H.R. 2844, as introduced, contained a 21-day deadline for the conduct of special elections, which could not possibly have worked, but which demonstrated, in my view, the urgency to ``stand up'' a democracy that has been debated previously on the bill.
The amended version approved by the Committee on House Administration at the behest of the gentleman from Wisconsin (Mr. Sensenbrenner) specified 45 days. This number is, I believe, too low, although a number of State laws provide for special elections within such a time frame. But most States, including my own State of Connecticut, as well as the State of Wisconsin, do not.
Conducting elections is difficult. It is time-consuming work, and it must be done correctly or the rights of the people will be violated, and the legitimacy of election winners will be questioned.
This amendment would alleviate a number of serious problems in the bill, better maintain the stability of our political process, and enhance the role of States in making decisions about the process they value most in conducting truncated special elections.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentleman from Washington (Mr. Baird).
Mr. Chairman, I yield myself such time as I may consume.
Throughout history States have often been the engines of political diversity and experimentation. The reason I chose the 75-day time frame was to allow more of those elements to be sustained. The 45-day time frame is far shorter than the special election time frames in a majority of States. The Commission on the Continuity of Government, the Brookings Institution and the American Enterprise Institute, estimate that the average length of vacancies over the last nine Congresses has been more than 120 days. A 75-day time frame thus provides a process significantly faster than the norm in many instances, while avoiding some of the more jarring effects of the bill's far more drastic limitation.
That was the rationale in crafting this legislation. That was the rationale where others have suggested 60, or even 90, days. I felt 75 days guaranteed the cherished rights that we all seek to protect under any proposal. The 75-day proposal, I will admit, is arbitrary, like the 21-day, or the 45-day period selected previously by the sponsors, but the entire bill is constructed around arbitrary numbers which we are only permitted to amend in a limited way.
I yield to the gentleman from California.
Mr. Chairman, reclaiming my time, there is no doubt in my mind of the great effort and the intellect and the able people that they have put behind this. The CBO reports that more than 40 States are going to have a problem with this mandate, and will be forced to go well beyond their means. In hearing from my own State of Connecticut--from my Secretary of State--about all the underlying concerns that are raised, especially as it relates to voting rights acts, she said she would not feel comfortable unless there was a 60-day period.
Can it be accomplished in 45 days? Perhaps. But as I indicated earlier, as Judge Learned Hand said, this is a question that leaves us ``not too sure that we are right,'' and with all due respect, I would rather err on the side of making sure that people were guaranteed those rights.
I yield to the gentleman from California.
Mr. Chairman, reclaiming my time, I just wanted to close by saying that this has been an extraordinary afternoon, and I deeply appreciate the hard work and effort that has gone into this proposal on all sides. I simply disagree in principle with terms of the bill itself, notwithstanding my own position on the need for a constitutional amendment; but I do not think the bill before us gets the job done, and I think it imperils the very democratic processes that we all cherish so much, that allows a person to walk in here as a duly elected representative of his constituents.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I offer an amendment.
The Chairman. The Clerk will designate the amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment would restore democratic protections to candidates who wish to run in expedited special elections under H.R. 2844, and would enhance the voters' electoral choices, which the bill, I believe, needlessly seeks to limit. It would also give to the States, who are our first responders in elections, greater flexibility to respond to problems raised by a potential catastrophe or terrorist attack.
The amendment accomplishes several major improvements in the bill. First, it would eliminate the bill's perhaps most outrageous defect, the ban on primary elections in the great number of States which use them in special elections. The bill does this indirectly by requiring political parties in the States to select their nominees within 10 days of the Speaker's announcement of vacancies. The amendment strikes out that provision while adding entirely different language enhancing candidate eligibility, voters' electoral choices, and State flexibility in election administration.
The use of primaries was one of the great reforms in American politics which distinguishes us from many forms of parliamentary government. There is no way States could conduct primaries under the 10-day restriction. Indeed, this deadline provides barely enough time for prospective candidates to assess whether they even want to run.
In place of primaries, the bill would require political party committees of some sort to select a nominee, which is a legitimate mechanism already in use in some States for special elections; but even in those States, 10 days is a very short time. And of course many States do not allow selection of candidates by party committees because they consider it undemocratic, and require the selection of candidates by popular vote.
The gentleman from Wisconsin (Mr. Sensenbrenner), in answering a question that I posed at the Committee on House Administration markup of this bill, when I was seeking clarity about some of the provisions his bill--what the bill would actually do--was crystal clear on one issue in this bill. He would penalize political parties in those States which could not meet the 10-day deadline by requiring that their party lines to be left blank on the ballot. He writes to the committee that H.R. 2844 clearly provides that political parties may, not must, nominate candidates within the 10-days allowed in any manner they see fit. If they do not, or cannot nominate a candidate within the time allowed, such parties will not appear on the ballot.
Selection of nominees, of course, is the ultimate political process, but it is more often known for controversy, deal-making, and intrigue, rather than speed and efficiency. That is why we have the expression ``the smoke-filled room.''
Imagine the nightmare if this bill became law, and the political parties in your district were unable to field any candidate because they could not convene under potentially adverse circumstances due to a national crisis, or if a party committee did not meet, but could not reach agreement on a nominee because there was strong competition among well-qualified candidates. How could there then be an election? Whom would the voters choose from the blank page?
I remind the Members that this bill's stated purpose is to expedite special elections, and to reconstitute the House of Representatives. Having elections without candidates would certainly accomplish the first goal, but would obviously fail miserably in the second. Not only could the bill leave the voters without any candidates to choose from, but it could have other irrational effects as well.
For example, even in a State like Minnesota, which in 1977 held both a special primary and a special election for a House seat in only 29 days, H.R. 2844 would require the abandonment of the primary system even though such a State might, under normal conditions, be able to comply with the overall 45-day deadline of the bill. The State managed to hold its primary in this case in 15 days, but could it do it in 10 days--the time limit for candidate selection in H.R. 2844? Why should the bill penalize those States, which could achieve their electoral results following regular order, by forcing them to change their basic political practices, and suddenly start choosing candidates through party committees?
Mr. Chairman, the 10-day provision of this bill, and its potentially disastrous side effects, constitutes reason enough for the adoption of my amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from Washington (Mr. Baird).
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is easy to conceive of the circumstances in which companies that print ballots or manufacture voting machines or paper or computer equipment could be disrupted by the same catastrophic events which are triggering the special elections. The Nation's communications and commerce could be disrupted. My amendment gives the States the flexibility to respond.
Mr. Chairman, this is a very important amendment. It removes a number of major problems in the bill. I find it hard to imagine how Members could not support a proposal which could restore primaries, enhance the ability of candidates to get on the ballot, and give the States greater flexibility to administer special elections in a time of crisis.
Mr. Chairman, I urge an ``aye'' vote.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, again I would add sincerely how much I have appreciated the debate and the depth of the debate that has taken place on the floor today.
I harken back to something I said during the debate on the rule, a notion that was brought up by the gentleman from Massachusetts (Mr. McGovern), that the only time, to my knowledge, that we have met in joint caucus has been when we were discussing the anthrax issue, and by the nature of this debate and the richness of this debate and the feelings on all sides, it rises above in so many respects the Committee on Rules, the Committee on House Administration and the Committee on the Judiciary and belongs in front of Members to discuss because of so many of these issues that are before us.
I quoted Judge Learned Hand before, and I will continue to quote him, because while you may be sure that all of these things can be accomplished in 45 days, I remain skeptical that that could happen, and my skepticism comes from wanting to provide the very constituents that would send someone through these doorways, duly elected, to have fully participated and therefore legitimized that election as well.
I yield to the gentleman from California.
Mr. Chairman, reclaiming my time, I would suggest that my amendments, I think, improve that.
Mr. Chairman, reclaiming my time, this deals with the 10-day provision underneath, which again prohibits primaries.
Mr. Chairman, I demand a recorded vote.