Madam Speaker, I yield myself such time as I may consume. I think it is important today to begin by taking a step back, provide some important context about the bill we are considering today, and reestablish some important facts. Election…
Madam Speaker, I yield myself such time as I may consume.
I think it is important today to begin by taking a step back, provide some important context about the bill we are considering today, and reestablish some important facts.
Election administration and the way elections work is a complicated process. For most of us, this experience typically consists of showing up, casting a ballot, and then digesting news coverage of results. Very few people realize everything that goes on behind the scenes.
But recently, as election administration has come into the forefront, there are a lot of people who all of a sudden seem to think that they are an expert on the subject. This includes many of the people in these buildings and in the press.
Many of those folks have never been on the ground in election offices across the country and couldn't tell the difference between an e- pollbook and a high-speed ballot scanner, yet they know they are right.
This has led to all sorts of rumors, narratives, and misinformation across the political spectrum to percolate within our society, and that has caused people to lose faith in our elections. This is a huge problem.
I have spent the past few years traveling the country to learn about different State election processes and have met with countless Republican and Democrat election administrators.
I have learned about the checks and balances in place.
Free and fair elections are the bedrock of our democracy, and we must ensure people can have faith in elections and election processes and outcomes in order for our democracy to continue to thrive.
Unfortunately, one false narrative that has been pushed by my colleagues on the other side is that Republican Members of Congress are election subverters or deniers, trying to overthrow elections because of an objection to a State's electoral slate on January 6. This has been fueled by members of the media who don't understand the subject.
They are claiming that this particular action was unprecedented and an affront to democracy. However, so many of them, including powerful committee chairs that are in power today, have objected in the past. In fact, Democrats have objected to every single Republican Presidential win in the 21st century.
Another false narrative is that somehow the legal actions taken by the Trump campaign, the rhetoric of former President Trump, Republican Members of Congress voting to object to a State's electors, and the illegal actions of many people who attacked the Capitol on January 6 were all connected in some kind of mass conspiracy by Republicans to stage a coup.
These two narratives are now presented on a daily basis as though they are fact, but that is quite simply not true. The fact of the matter is, there are longstanding legal frameworks in place to adjudicate disputes in election outcomes that have been utilized regularly, regardless of party.
There is not enough time today to go through all of them, but the point is these processes have existed for a long time, and they are used frequently and often by candidates of all political stripes.
There are checks, balances, and safeguards woven in throughout the system. The goal of every election framework is to ensure the person who takes the oath of office is the one who actually won. That is true in the States, in the courts, and here in Congress.
The best news of all is these systems have worked. At the end of the day, the outcomes were exactly as they should have been. It is why people can and should have faith in our election system.
This isn't to say that our system is perfect. There is always room for improvement, but unfortunately, that is not what is happening here today.
The Electoral Count Act has been in place for over a century and directly implements constitutional provisions. Members of all political parties have exercised their rights under the provisions of that law to raise constitutional objections to State electoral slates if they determine something may be improper. This is not an affront to democracy. Frankly, it is democracy in action.
In fact, Democrats have quite an extensive history of objecting to the electoral count. I include in the Record a list of over 80 Democrats denying election results, including many chairs, people like Chairperson Maxine Waters, Chairman Bennie Thompson, Representative Jamie Raskin, and many others here today.
Committee on Republicans House Administration,
Ranking Member, Rodney Davis,
Democrat Objectors Since 2000
2000 (Jan. 2001)
Rep. Alcee Hastings,
Rep. Jesse L. Jackson Jr.
Rep. Maxine Waters
Rep. Ted Deutch
Rep. Carrie Meek
Rep. Corrine Brown
Rep. Eddie Bernice Johnson
Rep. Elijah Cummings
Rep. Sheila Jackson Lee
Rep. Barbara Lee
Rep. Cynthia McKinney
Rep. Patsy T. Mink
Rep. Eva Clayton
Rep. Bob Filner
2004 (Jan. 2005)
Sen. Barbara Boxer
Rep. Stephanie Tubbs Jones
2016 (Jan. 2017)
Rep. Sheila Jackson Lee
Rep. Pramila Jayapal
Rep. Jim McGovern
Rep. Jamie Raskin
Rep. Barbara Lee
Rep. Raul Grijalva
Rep. Maxine Waters
Again, the result in all of these cases was that our system worked. The House and Senate did what they were supposed to do, heard the objections, disposed of them properly, and ultimately certified the election as originally presented.
Objecting does not make you an election subverter or denier. Each Member of Congress has a constitutional duty to do what they think is best for their constituents.
At the same time Democrats were accusing Republicans of undermining democracy, they themselves were attempting to overturn the results of a duly-certified election in Iowa's Second Congressional District. The challenger, Democrat Rita Hart, even said that she brought the contest to a partisan committee in D.C. instead of Iowa courts in order to ``get the result we need.''
This was after the State of Iowa followed their normal and lawful process throughout the election for Iowa-02. The votes were counted, recounted by multiple bipartisan recount boards, and duly certified.
Yet, this majority orchestrated having their candidate bypass State courts and instead attempted to utilize the House itself to steal a congressional seat to boost their slim majority. This was the single biggest act of election subversion that occurred in the 2020 election cycle, and it was carried out by the same people here today claiming that Republicans are a threat to democracy.
Fast forward to today. Democrats are once again attempting to move a major piece of legislation that overhauls a key piece of our election system in a partisan manner behind closed doors. They didn't hold a hearing or a markup on this bill. They didn't release legislative text until 24 hours before it was considered in the Rules Committee. They didn't consult Republicans on the committee of jurisdiction, despite repeated overtures to work together on discussions of this important issue--all rebuffed.
Why rush such a significant piece of legislation when the next Presidential certification won't happen for over 2 years? It is pretty simple, Madam Speaker: The midterm elections are just weeks away, and the Democrats are desperately trying to talk about their favorite topic, former President Trump.
As someone who voted to certify Joe Biden as President and who recently lost a primary race to a candidate endorsed by the former President, I believe what House Democrats and the January 6th Committee are doing is irresponsible and wrong.
They have allowed their dislike for one man, President Trump, to cloud their judgment and guide their actions, no matter the consequences to this institution or the Constitution that they claim they want to uphold.
It is time that we started being honest with ourselves and with the American people. The facts are:
The President and his campaign filing legal challenges in State and Federal courts around the country was not improper nor unprecedented. Everyone is entitled to their day in court. Those suits were considered by judges and ultimately rejected. The process worked.
The rhetoric of former President Trump following the 2020 election was highly inappropriate.
Republican Members of Congress objecting to a State's slate of electors is not election subversion or unprecedented.
The actions of the individuals who attacked the Capitol on January 6 were wrong. Those individuals should be prosecuted to the fullest extent of the law.
Democrats have just as long of a history as Republicans of challenging and questioning elections, including attempting to overturn a duly certified congressional election in Iowa. This is not a partisan issue, and the processes in place have worked.
Madam Speaker, I would just reiterate that people's faith in our elections is critical to the long-term success of our democracy. It is time for House Democrats to quit playing partisan political games and pushing false narratives just to preserve their own power.
It is incumbent upon all of us to be honest and work in good faith to serve the American people, restore faith in our elections, and protect our democracy.
Madam Speaker, I yield 4 minutes to the gentleman from Georgia (Mr. Loudermilk).
Madam Speaker, I yield an additional 30 seconds to the gentleman.
Madam Speaker, may I inquire how much time is remaining.
Madam Speaker, it is always good to follow my good friend, Leader Hoyer. I appreciate his friendship, and I appreciate his time here in this institution. He has seen a lot of things happen in the governing of this country. I respect him and his viewpoint.
It is frustrating when we also hear comments from my colleague, Leader Hoyer. Back on January 25 of this year he was quoted in a Politico story where he said that President Biden is correct that the midterm elections will be illegitimate if Congress doesn't pass the Democrats' election takeover bills.
This is part of the rhetoric that we have got to stop. We have got to make sure that we remind everybody, as Leader Hoyer did, my good friend, that this is an American issue. It is not a partisan issue. The processes have worked.
I want to know, if it is an American issue and not a partisan issue, Madam Speaker, why, then, were we not even consulted as the committee of jurisdiction minority members?
I would have loved to have been able to sit down and come up with a bipartisan solution. No Republican--no Republican--that I know or that I respect thinks that the violence on January 6, which we all witnessed, is okay.
I think it was a terrible day. I think, again, anyone who committed those acts and those crimes should be held accountable to the fullest extent of the law. Let's be clear: They broke the law. It doesn't matter what you are protesting, Madam Speaker, if you break the law.
Madam Speaker, if you are rioting in the streets, looting stores and businesses, and committing the crimes across this country that we have seen exacerbated because of the Biden administration's lack of effort in enforcing these activities to be adjudicated, then do you know what? They should be held accountable. Arrest them, prosecute them, and put them in jail.
Leader Hoyer also said this bill and this process should not be about one man. I agree. I agree. But, unfortunately, this bill is nothing short of being only about that one man. This is too important of an issue to make this about an individual that you may or may not like or that you may or may not want to run for President ever again. This bill and this process is too important for the future of America.
Madam Speaker, my good friend, Mr. Hoyer, brought up Hillary Clinton. She actually denied the results of the 2016 Presidential elections and believes
there were legitimate questions regarding the integrity of the 2004 Presidential election. She said that Stacey Abrams would have won the 2018 gubernatorial election against Governor Brian Kemp if it had been fair.
Madam Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. Steil).
Mr. Speaker, I yield an additional 1 minute to the gentleman from Wisconsin.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thought the esteemed Member from California was going to speak a little longer. It caught me a little off guard. I apologize. I am not used to him being that succinct in anything he does but thank you.
Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. McClintock), my good friend, another esteemed Member of this institution.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, may I inquire as to how much time is remaining.
Madam Speaker, I include in the Record a tweet from Speaker Pelosi on May 16, 2017, that says: ``Our election was hijacked. There is no question. Congress has a duty to #ProtectOurDemocracy and #FollowTheFacts.''
I couldn't agree more. We need to follow the facts.
The Speaker asked: How can one vote against this bill? Well, I would say: How can we vote for a bill that was completely done without any consultation?
Here is what I hope, Madam Speaker. I was actually comforted somewhat during the Rules testimony yesterday when my colleague, Chairperson Lofgren, mentioned that the goal of the majority is to watch this bill pass--I have many concerns with it; I laid those out yesterday, and I will lay them out again--but hope the Senate passes the version that we could have used as the basis and the starting point here in the House, and then we could go to conference committee.
Okay, I hope it happens. I am not going to hold my breath, but I certainly hope it happens. I reiterate my desire for that to be a process where we can finally come together in a bipartisan way. Again, I am cautiously optimistic.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I had the opportunity to testify yesterday before the Committee on Rules about how this process has been highly partisan, and that I would have welcomed an opportunity to work on the Electoral Count Act reforms in a bipartisan way--just like the Senate did.
There is one quote from my friend, Ranking Member Tom Cole, that I want to share. As he said, ``Given all the majority's righteous and high-minded talk over the last 2 years about how democracy itself is in peril, don't you think it would be better served to have operated through regular order with real Member buy-in on a topic that is as important to the American people as this one?''
That is how the Senate handled this task--in a bipartisan matter driven toward finding consensus. Why shouldn't the House operate in the same way? Instead here in the House, every outreach made by Republicans to work on this issue was rebuffed.
This bill tramples on State sovereignty. While the Constitution gives States the authority to make and interpret their own State laws, this bill would grant Congress unprecedented authority to determine what State law is.
Second, there is a provision of this bill that gives candidates the ability to broadly define catastrophic events--which could include major natural disasters or acts of terrorism--and then use that event to extend the balloting after the polls close for up to 5 days.
Think about it. A candidate could pull a Pelosi and request a change in the rules supposedly because of the COVID-19 pandemic, despite the fact that the majority of the country has moved on--including President Biden who declared the pandemic is over, just to extend voting for 5 more days for their political benefit.
Or remember just last year, when President Biden's FBI labeled concerned parents attending their children's school PTA meetings domestic terrorists?
With many polling at schools, a candidate could try to claim that parents meeting is a catastrophic event. We also can't forget that many Democrats have claimed that Republican-led States with newly enacted election integrity laws like Florida are suppressing voters.
Could a candidate then try to claim voter suppression because they don't like their State's laws and then request the polls stay open once they see election results that aren't going their way?
This bill would create a new private right of action for all Presidential candidates or their electors and specifically expand the scope of the right to tabulate.
This creates a big question as to how and if Congress has the authority to require candidates to go to Federal court to force them to follow State law.
I mean, I can just picture the field day election lawyers like sanctioned Democrat Marc Elias would have with these provisions all while creating mass confusion for voters who will question if their vote was even counted. Voters don't need Congress to come in and overcomplicate the ECA process that has worked for the last 135 years.
As a reminder, we came back the night of January 6, after the tragic events that we all witnessed here in this Capitol, and we certified Joe Biden as President and Kamala Harris as Vice President.
What voters want is to show up on election day, easily cast their ballot, know that their ballot is counted in accordance with the law, and for election results to come in later that night. But this bill doesn't do that. Instead, it could very well do the opposite.
This bill does nothing to prevent another mob from attacking the Capitol. Neither Mike Pence doing what every Vice President in history has done nor lawful constitutional objections being filed caused a mob to attack--and clarifying those responsibilities won't prevent another mob.
That is why this bill won't even see the light of day over in the Senate and why we should have used the bipartisan Senate version as a starting point. Maybe then we could actually enact some necessary updates to improve and clarify the certification process and focus on the big unanswered problem--the security of the Capitol. Bad actors by definition don't follow the law so any changes made to the Electoral Count Act aren't a silver bullet.
As I have been saying this entire Congress, we need to be focused on why the Capitol was left so unprotected on that day in January. Why was a mob able to breach one of the most significant buildings on our planet?
Again, I invite all of my Democrat colleagues to work with me to improve the security of this Capitol and the people it holds. That is how we prevent another attack.
Madam Speaker, I urge my colleagues to oppose this bill because it is both bad process and bad policy. The American people deserve better. They deserve to have full confidence in the election process and the outcomes.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.