Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I never thought as a girl growing up in Birmingham, Alabama, that I would meet, again, a present-day poll tax. My goodness. My father would be really amazed. Therefore, I…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I never thought as a girl growing up in Birmingham, Alabama, that I would meet, again, a present-day poll tax. My goodness. My father would be really amazed.
Therefore, I rise today in strong opposition to H.R. 4844, the so- called Federal Election Integrity Act of 2006, which requires all States to demand that voters provide government-issued identification in order to vote in the 2008 election and proof of citizenship in order to vote in the 2010 election.
The Republican Party has acted without expressing any concern for the millions of American citizens who currently do not have the necessary documentation and consequently will be denied their right to vote. Further, the majority has not been moved by the realization that the burden of this legislation falls disproportionately on the elderly, the disabled, and ethnic minorities. Unfortunately, the Republicans made no effort to determine how many would be affected and be disenfranchised by this legislation.
Mr. Speaker, with H.R. 4844, this Republican legislation devises a modern-day poll tax in the form of a proof of citizenship requirement that will keep some eligible voters from voting and make it harder for all American citizens to vote. No citizen should have to pay in order to exercise his or her constitutional right to vote.
I have heard today on this Floor that President Carter's and Secretary of State Baker's reference to IDs fit within the intent of this bill. Allow me to clarify this assertion. Their ID proposal does not have requirements for citizenship, and they wish that everyone, not just those who can not afford IDs, possess them free of charge. They have not endorsed this piece of legislation.
Proof of citizenship requirements place on the voter the difficult, time-consuming and costly burden of obtaining the necessary documentation to prove citizenship or identity in order to cast a vote. For example, our State Department reports that only 23 percent of all Americans possess a passport, and the cost of obtaining one exceeds $100. A majority of Americans do not currently possess the identification required by H.R. 4844, and requiring them to obtain one imposes an unconstitutional burden on their right to vote.
Additionally, some Americans may be unable to acquire the necessary documents at any cost because they lack a birth certificate. We recognize that there are many minorities, especially African Americans, who were delivered by midwives, who did not have and do not have a birth certificate. There are some rural Americans who do not have birth certificates. We recognize that the State of Georgia indicates that 40 percent of their seniors would be denied their right to vote if this piece of legislation passes.
I believe, Mr. Speaker, that the Help America Vote Act, HAVA, strikes the appropriate balance between voter-ballot access and system-ballot integrity, and it was accomplished with bipartisan effort. The Committee on House Administration worked tirelessly to enact HAVA as a solution to the problems associated with the November 2000 general election. As a result of HAVA, $3.1 billion was appropriated to
the States to improve the voting process. My alternative calls for the $800 million in shortfall funding to ensure full funding of HAVA.
The question of citizenship was directly addressed head on in HAVA whereby Congress mandated that the mail-in registration form includes a box that asks the question, ``Are you a citizen of the United States of America?'' If you answer no, your form is rejected automatically. If you answer yes, and you are discovered not to be a citizen, you are subject to Federal prosecution.
Mr. Speaker, we have laws on the books that if someone votes illegally, he or she will be prosecuted to the fullest extent of the law. The penalties are stiff and have successfully served as a deterrent to misrepresentation.
The voter ID question was asked and answered by HAVA. HAVA provided a broad range of ID options for the narrow circumstances of first-time voters who register by mail or appear in person at the polls to cast their vote. A photo ID is only one option. All the other options include employment ID, student ID, a current utility bill, bank statement, paychecks, or a government document showing the name and address of the voter.
Neither voters nor States are required to comply with a one-size-fit- all Federal mandate. The unavoidable consequence of enacting H.R. 4844 will be the decrease in the number of American citizens who are able to vote. H.R. 4844 will do far more to suppress turnout and intimidate voters than to prevent voter fraud, the purported objective of the majority.
Now, we say to all of us here in Congress, if we know of fraud and of persons voting illegally, we should tell our district attorneys. We should not tarry on this type of thing, and I suggest to the majority, if they know of any fraud, please call their district attorneys. We do not need this type of bill to accomplish this task.
We should be, as Members of Congress, representing the people and this people's House to do just that. For all the concern that the majority expresses about protecting the right to vote, this bill does nothing to stop voter suppression or correct the numerous administrative problems that are plaguing our elections and robbing our citizens of their right to vote.
I also previously heard that Andrew Young is in support of this bill. In fact, we understand that Andrew Young is not in support of this bill and that his remarks have been taken out of context. He is opposed to this bill.
H.R. 4844, as amended, will do nothing to stop the intentional forms of voter suppression such as the instances in 2004 when unsuspecting voters were misinformed about the time or place of the election or about the qualifications for voting. This bill will not remedy the long lines, misallocation of voting equipment, voting registration rules, or other election procedures that deny citizens their very critical opportunity to vote.
These are the real issues that this Congress should be addressing. To that end, I have offered a substitute piece of legislation that addresses some of the problems of voter suppression and voter fraud that are not addressed in H.R. 4844. Our Congress should be improving voter access to the polls, preventing election fraud, paying for and supporting election integrity, but it was not made in order. In fact, this is a closed rule, which is what happens when the majority does not want us to bring real legislation to the floor.
Mr. Speaker, because of the critical adverse impact of this bill and the affect it will have on our citizens' constitutional right to vote, I urge my colleagues to join me in opposing H.R. 4844. Instead of making it difficult to vote, our job should be, in the people's House, to promote civic participation more broadly.
There are 40 percent of registered voters who are not voting in our elections. This issue is what we should be addressing. Instead of erecting new barriers to voting participation, we should be devoting our resources to prosecuting the illegal intimidation tactics and solving the election irregularities which continue to surface with each election cycle.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Zoe Lofgren), a distinguished and outstanding member of the Committee on House Administration.
The gentleman from Georgia is absolutely right. If we need to go after fraud, we need to get some quantitative information before we bring this bill to the floor.
Mr. Speaker, I now would like to yield 1 minute to our distinguished minority leader.
Mr. Speaker, I yield 2 minutes to a great civil rights leader and icon from the great State of Georgia (Mr. Lewis).
Mr. Mica, perhaps you do want to consider not voting for the bill because 60 percent of new registrants in Pima County, AZ who are all eligible voters, were initially rejected. And for every 1 percent of individuals who do not have the necessary documentation of citizenship, 2 million voters are disenfranchised.
Mr. Speaker, at this time I would like to yield 1\1/2\ minutes to a man who does know about all of this, a former Secretary of State, the Honorable Jim Langevin from Rhode Island.
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from the great State of Georgia (Mr. Scott).
Mr. Speaker, this just shows you how flawed this bill is. This bill should have remained in committee so we could really crank out and clear up some of these problems. We have heard two colloquies from the majority on issues that are not a part of this bill, for heaven's sake.
At this time I would like to yield 1 minute to the gentleman whose State has thrown out a similar type of law, the gentleman from Missouri, the Honorable William Clay.
Mr. Burton, you are speaking about an immigration bill at this point; so perhaps you should get that bill out.
Mr. Speaker, at this time I would like to yield 1 minute to the great gentleman who walks in the footsteps of his great father, the Honorable Charles Gonzalez.
Mr. Speaker, at this time I would like to yield 1 minute to a great leader from the great State of California, the Honorable Sam Farr.
Mr. Speaker, at this time I would like to yield 1 minute to another great leader out of the State of Texas, the Honorable Sheila Jackson-Lee.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Ms. Corrine Brown).
Mr. Speaker, I yield 1 minute to the gentlewoman from Ohio (Mrs. Jones).
Mr. Speaker, I would like to ask the chairman how many more speakers he does have.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have heard many folks on the floor talking about fraud in our election process. We have heard various speakers talking about getting rid of this alleged fraud. There is no Member on this floor who does not want to get rid of fraud. But, Mr. Speaker, this bill does not address real fraud. This is not a good bill.
We have heard many speakers on the floor today delivering colloquies, trying to see whether or not this will fit or that will fit, when, in essence, this legislation merely does not get to the bottom of the real fraud, the problem of voter suppression.
Mr. Speaker, I will be submitting for the Record letters from the National Association of Counties and local election administrators who are objecting to this piece of legislation because they say it imposes a fee on themselves and voters all of whom assert that they cannot afford to comply with this legislation is mandate.
We have heard from the chairman and others on the other side who say that if one cannot pay for the ID, it will be paid for. But what they are doing is establishing an unfunded mandate with this piece of legislation, which is why NACO is objecting to this bill.
We also have heard from the election commissioner and county clerk out of Fairbury, Nebraska and the administrator of elections from Anderson County, TN. I will submit these letters opposing H.R. 4844 for the Record.
Mr. SPEAKER, the proponents of H.R. 4844 characterize this legislation merely as an administrative protection that it is simple to implement and necessary to prevent fraud. The truth is, H.R. 4844 is a misguided measure that will suppress voter turnout and undermine laws that Congress has already passed to assure all citizens will have a full and equal right to participate.
We know, Mr. Speaker, that HAVA is in place now, which is a bipartisan bill that was passed out of this House with bipartisan support.
To enact this law would be an affront to that bill, to all Americans who take pride in the progress our country has made in extending the franchise to all of its citizens, and to all individuals who take offense to the political manipulation of the majority.
Partisan attempts to burden our Nation with troublesome proof of citizenship requirements are not the direction this Congress or this country should be taking. We know that the States of Georgia and Washington, have already thrown out legislation similar to this one.
Democrats, along with well-intended Republicans, have fought for and won the extension of the Voting Rights Act for eligible Americans. During the last century, our country has expanded the right to vote to millions of Americans with the passage of the 19th amendment, gives which women the right to vote. The Voting Rights Act (VRA) was reauthorized on this floor just a couple of months ago, and we know that the VRA prevented institutional voter suppression. The 26th amendment, which gives 18-years-old the right to vote, is another bill that we have passed. Why should we consider a bill like this that does nothing to address voter suppression? This is an intimidation-type bill. It is a partisan attempt to allow the Republicans to maintain the majority.
I tell you, this bill violates State constitutions and the U.S. Constitution because it disenfranchises citizens who are otherwise qualified to vote. The Democrats will not shirk our responsibility to defend the gains put forth by the bills already on the books. We will not shirk our responsibility to ensure that every eligible American has the right to vote. And we will not let these gains be lost to undocumented allegations of fraud that have not been quantitatively proven and have not proven by any empirical data that reveals this so- called type of fraud is widespread.
The right to vote, Mr. Speaker, is too precious to allow any citizen's vote to be sacrificed by those who would treat it carelessly. I would hope that the other side thinks about this and not vote for this bad bill. This is not a good bill. It does nothing but hamper the American people.
This bill creates a poll tax. I want the American people to know that Democrats are against all types of voter fraud and we are against your paying a poll tax to be able to vote. So I say to the other side that if you really want integrity, then let's look at these electronic voting machines that voters are worried stiff about because they do not know whether their votes will be counted.
Mr. Speaker, I would ask that every Member who really has good intentions of trying protect the laws that are on the books will vote this legislation down.
National Association of Counties,
Washington, DC, September 19, 2006.
Re H.R. 4844, the ``Federal Election Integrity Act of 2006''
Hon. Dennis Hastert,
Speaker of the House, House of Representatives, Washington,
Mr. Speaker, I offer a motion to recommit.
I am opposed at this present time, Mr. Speaker.
Mr. Speaker, if the House is going to vote out a proof-of-citizenship requirement to allow citizens to exercise their constitutional right to vote, then we should consider who will be disenfranchised by this new requirement, and we should ensure that the States have both the funds and have determined their needs to implement this mandate.
Of course, we should exempt those who will be greatly burdened and are least likely to fit the straw man profile which the majority has thrown up as its excuse to pass this bill, voting by noncitizens. There is no showing that this straw man is a problem of sufficient proportions to justify a 21st century poll tax.
There is no empirical data on which to justify this unfunded mandate, and the personal financial burden and, in some cases, the sheer impossibility of citizens to obtain the required documentation must be taken into consideration.
I therefore offer a motion to recommit, which does the following things to the Republican proof-of-citizenship photo ID obstacle to voting.
First, the motion to recommit exempts all military voters and their families from the requirement of submitting a copy of their photo ID when mailing in an absentee ballot, not just those uniformed personnel overseas, as the underlying Hyde bill allows.
Second, my motion exempts all elderly and disabled voters from having to provide their photo ID at polls or when mailing in absentee ballots. They have financial and access obstacles which ordinary citizens simply do not have, and we need to recognize and adjust for that.
Third, the motion prevents the bill from taking effect in any State and during any fiscal year in which the Federal Government is acting irresponsibly by not providing sufficient Federal funds to cover the State costs of the unfunded mandate of making photo IDs available.
Fourth, my motion to recommit empowers the States by requiring that this new proof of citizenship photo ID provision will not take effect until the State's chief executive, chief election officer, and attorney general have each certified to Congress that voting by noncitizens in the State is a persistent and significant problem that can't be resolved by existing State and Federal laws.
Fifth, the motion seeks to enlighten the Congress on the impact of this law by having States issue a report to the Election Assistance Commission on the number of individuals who are
disenfranchised because of a photo ID requirement.
Sixth, the motion seeks to temper the likely effects of this harsh new statute by holding its application in abeyance until the Election Assistance Commission reports to Congress that 95 percent of the voting-age population has acquired a photo ID which meets the requirements of this act.
Seventh, my motion prevents the law from taking effect until the Election Assistance Commission studies and reports to Congress that the photo ID law will not disproportionately disenfranchise the elderly, disabled, minority and Native Americans.
Finally, the motion exempts Katrina victims whose records were destroyed and who were unable to obtain the requisite documentation, as long as they certify under penalty of perjury to the appropriate State election officials.
These are major concerns but by no means the only ones.
I yield to the gentleman from Georgia.
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.