Continuity In Representation Act Of 2005
Mr. Chairman, I yield myself such time as I may consume. First, let me congratulate the gentlewoman from Michigan in joining our committee, the Committee on House Administration. She is quite an addition to the committee and we…
Mr. Chairman, I yield myself such time as I may consume.
First, let me congratulate the gentlewoman from Michigan in joining our committee, the Committee on House Administration. She is quite an addition to the committee and we congratulate her.
Mr. Chairman, I rise in opposition to H.R. 841 in its current form. While the bill number has changed since last year, the core problems in this legislation remain the same as in last year's bill, H.R. 2844. H.R. 841 is unworkable, unfair and undemocratic. It restricts the franchise and inhibits public participation in the expedited special elections it would create, an especially unfortunate development following so closely after the serious problems revealed in the aftermath of the 2004 elections.
This bill is part of a series of actions by the majority over the last 2 years as advertised in addressing problems of congressional continuity. The stated objective of the legislation is to override State laws in order to hold expedited special elections within 45 days of a catastrophe which may leave more than 100 vacancies in the Chamber. While this goal is laudable, the bill defines a problem, creates an unfunded mandate, but then provides no solution. This legislation dumps the problem onto the States to produce something called an ``election'' within 45 days, but without the political and democratic substance we associate with campaigns for the House of Representatives.
I want to stress that H.R. 841 has no partisan content. It is simply inadequate to the task of reconstituting the House in a truly democratic fashion. Members on our side of the aisle were split almost down the middle last
April in the vote on this legislation because they felt pressured to do something. But the majority voted for it virtually lockstep when not even its principal sponsors could explain how the bill was actually supposed to work. The Senate, not surprisingly, never acted on it. So here we go again.
H.R. 841 contains a wish list of provisions which would set impractical deadlines, ignore the rights of candidates to run and of voters to participate in elections, and create confusion in the aftermath of a national catastrophe when the country needs the stability of established constitutional processes and the legitimacy of the rule of law.
Let us look at some of the specifics of this bill. Among the principal flaws of this legislation are the time frame is much too short for the conducting of special elections in many States. Even States whose present laws contemplate 45 days may not cope in the aftermath of an unknown future crisis which could affect our infrastructure and communications systems nationwide. The House last year rejected a proposal for 75 days in which to conduct these elections. This year, I will offer a compromise amendment proposing 60 days, which is not a magic solution, either, but which at least provides valuable additional flexibility to the States.
The bill represents an unfunded mandate. While States could conduct special elections to fill vacancies even without this bill, it eliminates their flexibility in the scheduling of elections, in the format of the elections and in the costs of elections.
There is insufficient time for voter registration for those wishing to participate in an unscheduled, sudden election for the House. New voters would be blocked out of the system. Why should we prevent full public participation when a Congress, seeking to renew itself, needs the legitimacy which an open democratic system provides?
The bill provides no mechanism for candidates to qualify for the ballot in States which require petition gathering or other potentially time-consuming measures intended to assess the public support and credibility of potential candidates. States are expected to develop some faster method to accomplish these central goals of qualifying candidates to run very early before the bill's trigger is pulled or risk missing the deadline. So which should it be?
This bill assumes that there are instant candidates out there who, upon learning of a vacancy, will decide to run without full consultation with family and friends, or with their potential parties and relevant interest groups and who can instantly arrange financing and instantly have an infrastructure in place to negotiate the campaign finance laws. These steps are extraordinarily difficult even in normal circumstances. Are candidates who can make instant decisions to run and instantly finance their campaigns representative of the full range of political talent of America? More importantly, are they the people we want to give a head start in gaining seats in the House? I do not think we want that, Mr. Chairman.
This bill also allows insufficient time to conduct primary elections in the many States which allow them for special elections. Last year's bill originally banned primaries entirely, but the gentleman from Ohio (Mr. Ney) improved this bill during our committee markup by removing the prohibition on primaries. Nevertheless, the 45-day scheme would still effectively block them in many States.
This bill still allows insufficient time to send, receive and count absentee ballots, even in those States which will not use primaries. Those most likely to face exclusion include Americans abroad and our military personnel stationed and fighting overseas.
Mr. Chairman, this bill contains no mechanism to activate its own provisions in the event the entire House membership is wiped out. If so, what happens next?
H.R. 841 deals with a practical catastrophe and a partial one, but becomes useless in the event of a total catastrophe. It was suggested on the House floor last year that in the circumstances that the entire House was wiped out, it would be up to the people to come together and make the determination as to the rebuilding process and how it begins. Really? Then how? Is it not the responsibility of Congress to anticipate and find solutions to problems when it enacts laws and not to rely on some vague national town meeting if the bill fails to work? Should we not be settling this issue right now right here in the legislation before us?
The 45-day provision in the bill allows insufficient time to assemble the infrastructure of elections necessary to manage elections competently and fairly. Even in elections, under the best of circumstances, there are inevitably problems with voter registration lists, voting with provisional ballots, transmitting, receiving, and counting absentee ballots, reserving polling places and staffing the polls with voting machines and election workers.
After a catastrophe we can add a potential breakdown in communication systems and other infrastructure, including transportation, along with the potential inability to order voting machines and ballots. Forty- five days is simply not enough time in many States to conduct special elections, especially after a national catastrophe.
Mr. Chairman, this bill represents the wrong choices of values in a democracy. It creates an artificial election timetable aimed at simply creating a result, and that is just Members of the House. The American people deserve real choices, emergency or not.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself 30 seconds.
To respond to the gentleman's comments about California, it does show that we do need beyond 45 days to hold a special election, such as in the case of our late friend, Representative Bob Matsui. And also I refer to the committees that were convened to preserve our institution, and it aligns many States where the vacancy days for holding elections were not fewer than 74 days. So those are the number of days that are important that we need to adhere to.
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Zoe Lofgren).
Mr. Chairman, I yield 5 minutes to the gentleman from Washington (Mr. Baird).
Mr. Chairman, I yield 4 minutes to the gentleman from California (Mr. Rohrabacher).
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this bill is not a bill that will work. You have heard it from several Members. This bill is unfair and is undemocratic. It has also been shown it is too short a time to conduct special elections in many States. It is insufficient time for voter registration and for those who want to participate in this unscheduled election. New voters will be blocked out of the system entirely. Is this what we want, given the last election of 2004? I think not.
This bill simply represents the wrong choices of values in a democracy. This bill should be voted down.
Mr. Chairman, I offer an amendment in lieu of amendment No. 1.
Mr. Chairman, I yield myself 5 minutes.
Mr. Chairman, this compromise amendment would change the overall deadline to conduct expedited special elections under extraordinary circumstances to 60 days instead of the 49 which we just voted on.
I urge Members to support 60 days because it is a more practical and realistic deadline, places less burden on the States, and still accomplishes the bill's goals to expedite special elections in a large number of States.
A 60-day deadline would allow more time for States to attempt to implement the election law restructuring, whatever that might be, and require to comply with the bill's goals.
It would also allow some States more options if they wish to preserve their primary elections which at the insistence of the minority are no longer explicitly prohibited by this version of the legislation. But while primaries may no longer be barred, 49 days to hold both a primary and a special election is still a high bar to meet.
Mr. Chairman, I would like to read from a letter that was presented by Kevin Kennedy, the executive director to the State Elections Board of Wisconsin, the State which the author of the bill comes from. And he states in portions of the letter: ``62 days is the minimum time necessary to ensure proper mechanical operation of an expedited special election, consistent with democratic integrity, and offering of all voters the opportunity of a meaningful opportunity to vote.''
This is what I am speaking about in my amendment. The principle 49 days is really not enough time; and so, therefore, the bill is really flawed because it decrees that the elections will occur 49 days after the Speaker's announcement. But having said that, what would happen next?
How States which would have to reduce their preexisting time frame for special elections could actually accomplish this is the great unknown. Would it require States' enactments, States' constitutional amendments, popular referenda in some States?
I do not know the answers and the bill's sponsors surely do not know the answers. But 60 days at least provides some additional flexibility in the hands of the decision-makers who must grapple with the jig-saw puzzle of demands the bill places upon them. Sixty days is not a magic bullet any more than 49 days is; but experience as well as decades spent as candidates running for public office teaches us to err on the side of flexibility, especially at a time of potential national crisis.
This amendment is an effort to find common ground after the House rejected a 75-day time frame offered last year by the gentleman from Connecticut (Mr. Larson). My 60-day amendment also conforms to the recommendations of the Election Center, which represents the Nation's voting registration and election officials and administrators at the city, township, county and State levels. Proponents seeking a truncated time frame for this legislation have often, misleadingly, cited Doug Williams, Executive Director of the Election Center, which, once again, represents the Nation's voting registration and election officials and administrators at the city, township, and State levels, but he has not endorsed this bill, and he has said that 45 days is still too short and that a time frame closer to 60 days would provide States a greater assurance of success. State and local election officials at election process forums over the last 2 years have raised questions about the time frame as well.
In testimony prepared before the Committee on House Administration on September 19, 2003, Mr. Lewis framed the debate as follows: ``What is an election? Is it a date-certain event so that voters can vote? Or is it more than that? Is an election in American democracy really a process that includes time for the identification of candidates, the ability of candidates to mount a campaign, to raise funds, to attract supporters, to inform the voters of what their choices are between the individual contestants, and then going to the polls to make that choice? The point is this: If it is only an event, then we can structure an event in a short time frame and carry out the event as flawlessly as possible. If, however, you define it in the broadest possible terms, then you have to allow the process time to work.''
Mr. Chairman, I agree that elections are a process which implement democracy.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 4 minutes to the gentleman from Rhode Island (Mr. Langevin), a former Secretary of State.
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, I yield 4 minutes to the gentleman from Ohio (Mr. Brown), who is also a former Secretary of State.
Mr. Chairman, I yield myself the balance of my time.
In this book we have, the first ``Report of the Continuity of Government Commission,'' in that it outlined an election in Michigan, Michigan's Third Congressional District where the vacancy occurred in 1993, and the time that was allotted for that election was 178 days, which brought us the distinguished gentleman from Michigan (Mr. Ehlers) who is part of our committee.
Mr. Chairman, in returning to the testimony of Mr. Doug Lewis, executive director of Election Center, after polling election officials from around the country, he summarized the results: ``While the responses indicated a variety of dates ranging from the shortest time period of 35 days after determination of who the candidates will be to a period of 4 months, it appears that election administrators feel that they can conduct an election with as few as 45 days. However, the election officials would be far more confident
that the interest of democracy would be best served by having up to 60 days to get the elections organized and held. Each additional day beyond the 45 day minimum time frame creates greater confidence in the process.''
Mr. Chairman, I prefer to come down on the side of the interest of democracy, and my instincts after campaigns for local, State, and Federal office tell me 49 days is simply too short.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I rise in strong support of the Jackson-Lee amendment. A portion of the gentlewoman's amendment seeks to provide an expedited appeals process to the United States District Court for matters arising out of the special election process. We have been talking about this 44, 45, 49-day deadline for special State elections, and it already places significant constraints on the electoral process and on the citizens represented due to its brevity.
Taking away the right of an appeal to United States District Court would excessively curtail the procedural due process rights enjoyed by citizens. I support the gentlewoman's amendment.