Filibuster (Executive Session)
Madam President, the Senate is designed to be a place where the Members of the minority party and the millions of Americans they represent are heard. In this Senate, the minority could not be any bigger. In fact, if the minority were any…
Madam President, the Senate is designed to be a place where the Members of the minority party and the millions of Americans they represent are heard. In this Senate, the minority could not be any bigger. In fact, if the minority were any bigger, we would be in the majority. This is a 50-50 Senate, and it is no time to take away the protections that the Senate for almost 200 years has afforded to the minority. The considerations given to the minority are important not only to the Senators and the millions of people they represent, but I think they are important in how the country moves forward.
I served in the House. I like the House. I watch the House as closely as any Senator does. Every time the House changes, the House passes a bunch of pretty dramatic legislation. Then it comes to the Senate. That dramatic legislation they passed in the House doesn't go anywhere in the Senate. When the House changes again--and it has a number of times in the last 20 years--the other side comes in and passes legislation that reverses all of that and maybe does a little dramatic legislation of their own that also doesn't go anywhere when it gets to the Senate.
If all laws were passed by a simple majority, there would be the potential for the majority to rewrite the country's laws constantly, no matter how small the shift in power was. It is always a mistake, frankly, to act like you have a mandate if you don't have one. It is a mistake for the country to change direction dramatically before the country has had time to think about it. The bureaucratic whiplash could be enormous. The economic impact could be enormous of the changing policies on regulation and taxes and everything else in a dramatic way every time one side gets some small advantage over the other side.
For the past year, we have heard a constant refrain from our colleagues on the other side of the aisle that the legislative filibuster--the supermajority to move to finalize a piece of legislation--must be reformed. At the present moment, we are hearing it must be reformed only, maybe, for elections, that we should have a carve-out for elections. Just a few weeks ago, it had to be reformed to have a carve-out for the debt ceiling. I am sure, if we had done either of those things, in a few weeks, we would be talking about a third carve-out. And what are we doing it for? We are doing it for what I see as a federalization of the election process.
When asked in a Morning Consult/POLITICO poll that was just released today--so this is something the American people have just weighed in on today. When they were asked which of the three voting ideas that were polled should be a top priority of the Congress in the voting area--one was reforming Congress's role in counting electoral votes; one was expanding voting access; one was expanding the oversight of the State changes in elections--they were all beaten by ``none of the above.'' ``None of the above'' got more votes in that poll than some of the top priorities the Democrats were talking about.
We hear that we have to extend the Voting Rights Act. We have even titled the Voting Rights Act after a person whom I served with in the House, whom I traveled with, whom I had a close friendship with--John Lewis. That would be a good reason for me to vote for the Voting Rights Act, and certainly I voted to extend the Voting Rights Act before. In fact, I would vote to extend the Voting Rights Act today, and I would even be more happy to vote for the Voting Rights Act today if it were the Voting Rights Act that just happened to be named for John Lewis. The Voting Rights Act in 1965 was 12 pages. The extensions have all been about the same size. This bill has another 110 pages of additional legislative things that don't deal with the principles of the Voting Rights Act at all; they deal with the Federal Government's taking over the election process.
We have seen our colleagues talk about this in one bill after another. I think the motives are pretty transparent right now; it is another way to break the filibuster. But we hear that the laws that States are passing--and by the way, the States have been passing election laws for the whole country, as it relates to their States, for a little over 200 years now. The Constitution was pretty specific as to who would conduct elections in the country and who would set the rules and regulations in the country for those elections.
We hear that these laws are very restrictive. Now, mostly, these laws are laws that the legislatures leaned forward, as they should have, in my opinion, in a pandemic environment. It was an election that, in at least 100 years, we had never conducted anything like with the pandemic experience we were in. So they leaned forward. They allowed things that had never been allowed before: more mail-in voting, voting from your car, voting from a parking lot, all sorts of things. Then those same legislatures looked back at what had happened as a result of that and said: Do we want to keep all of this as if we were going to have a pandemic every year or do we want to keep part of it? In every case that I have looked
at, the changes in election law made it easier to vote in 2021 than it was in the last election before the pandemic.
I would encourage all of my colleagues, who are such sudden experts on Utah and Iowa and other election laws, to look at the 2018 election laws and see how they compare. What the legislatures did was exactly what you would hope they would do--respond to a crisis and, when the crisis is over, evaluate how much of that we want to keep as part of our permanent system and how much of it was only in crisis.
What do these laws do?
In Utah, the State legislature determined it would be appropriate for the Lieutenant Governor, who is the chief election official of Utah, to get the names of deceased individuals from the Social Security Administration and give them to county officials, who would take their names off the rolls. That is listed as one of the things that make it harder to vote--well, harder to vote for dead people. That is fine. I, actually, asked this question in a hearing of someone--one of the election-monitoring people who said this was difficult.
I said: Well, what about that?
He said: The Social Security Administration is often wrong.
Well, if anybody is going to get something straightened out pretty quickly, it would be a living person who no longer is getting their Social Security check because the Social Security Administration had them on a list of people who were deceased. What a foolish argument that was for that to be a repressive thing.
In Georgia, the State legislature adjusted their mail-in ballot deadline to ensure voters who requested mail-in ballots got their ballots with enough time to cast them. They brought their date more in line with the advice of the U.S. Postal Service. The truth is that lots of States did this.
States like Georgia and Florida now include specific provisions in State law that allow for the use of drop boxes. In fact, they have to have at least one in every county. There were no drop boxes in Georgia anywhere before the 2020 elections. Now there have to be drop boxes everywhere, and it has to be understood where those locations can be found.
States like Iowa and Georgia implemented more early voting days than the so-called Freedom to Vote Act would require. In fact, these States had more days of early voting than many States that have Democrat-led legislatures, like New York and Connecticut and the President's home State of Delaware.
They also forgot that many Republican States, like Arizona, Florida, and Georgia, have already implemented no-excuse absentee voting.
I was an election official for 20 years, part of that as the chief election official in our State, the secretary of state. I am absolutely confident that nobody takes the security of the elections and the confidence in the elections and the ability to register and vote in an easy way more seriously than people who are directly answerable to their neighbors, if they are the local official, or to the people who vote for them, if they are the State official.
President Obama said in 2016 that the diversity of this statewide system was one of the strengths of our system--the State-run system-- and one of the reasons it would make it really hard for any outside entity--any foreign entity, any outside group--to truly try to rig a national election.
I have got more to say. I am going to submit the rest of my remarks for the record. I am sure there will be more time to talk about this next week.
On ballot harvesting, 62 percent of people in one poll are opposed to ballot harvesting. Ballot harvesting is when you ask somebody to give you their ballot. You say: I will turn it in for you.
Well, maybe--who would know?
I will put it in the mail for you.
Who would know? If it never gets to the counting place, it just got lost in the mail.
One of the reasons it might have gotten lost in the mail is the ballot harvester knows, with almost certainty, that the way you marked your ballot is not the way the ballot harvester would prefer to have the ballots marked.
Seventy percent of Americans support voter maintenance. That is eliminated in many ways by the law being proposed.
One proposal even went so far as to tell States the kind of paper their ballots would be printed on. If you really want to make it easy to impact an election, be sure that somebody knows the exact paper that every entity in America prints their ballots on and gets some of that to use to try to divert the election and make the election less secure.
We are going to hear a lot about this over the next couple of days. I certainly would welcome the opportunity to have more time, and I am sure I will have more time, to talk about what is in these bills, both the State bills and the Federal bills, as opposed to what people are saying is in both bills.
I yield the floor.