Mr. Speaker, today I rise to object strongly to the voter disenfranchisement proposal before us. According to the Election Assistance Commission's comprehensive Survey of the 2004 election, there were more than 197 million voting- age…
Mr. Speaker, today I rise to object strongly to the voter disenfranchisement proposal before us.
According to the Election Assistance Commission's comprehensive Survey of the 2004 election, there were more than 197 million voting- age American citizens at that time. According to the Brennan Center for Justice in its September 2006 voter identification study, as many as 10% of eligible voters do not have, and maybe will not get, the documents required by strict voter ID laws. Thus, the very first thing this bill will do is disenfranchise as many as 20 million eligible voters.
Who are these 20 million voters? The poor. The elderly. The disabled. Persons of color. Native Americans. Students. Why would anyone vote in favor of disenfranchising these citizens?
The Help America Vote Act (HAVA) was an imperfect bill, but it did reach a bipartisan compromise on voter identification. HAVA's already- existing requirements for voter identification and the integrity of voter registration rolls go on for pages. Among the requirements:
States must make ``a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters;''
Voter registration applications may not be ``accepted or processed'' unless they include an applicants driver's license number or, in the case of voters who don't have one, ``the last 4 digits of the applicants Social Security number;'' or, in the case of voters with neither, a ``unique identifying number'' assigned by election officials;
First time voters who registered by mail and did not present ID must show photo ID at the polls when they vote.
Voters can't get around that requirement by voting absentee--first time voters who registered by mail and did not present ID must send a copy of a photo ID with their mail-in ballot.
And HAVA provides for criminal penalties for violations for the foregoing--``any individual who knowingly commits fraud or knowingly makes a false statement with respect to the naturalization, citizenry, or alien registry of such citizen . . . shall be fined, imprisoned [for up to five years], or both.''
The measure before us is a solution in search of a problem. The Department of Justice (DOJ), in its ``Report to Congress on the Activities and Operations of the Public Integrity for 2004,'' reported that at the end of 2004, the Public Integrity Section had approximately 133 election crime matters pending nationwide. That is an average of just over two cases per state for the entire year--hardly an avalanche. In addition, most of the cases described in the report concerned campaign finance violations, not voter fraud. Only one described a vote-buying scheme, and none referred specifically to non-citizen or double voting. On the other hand, the same Report noted that a total of 1,213 public officials had been charged with corruption in 2004, that 1,020 of them had been convicted of corruption, and that 419 cases remained pending. In other words, according to the DOJ's own findings, the problem of corruption among public official is at the very least ten times worse than the problem of citizens cheating in elections.
Meanwhile, other studies have found that instances of double voting and voting using another's identity are virtually non-existent.
Washington State--a study of 2.8 million ballots cast in 2004 showed that only 0.0009 percent of them reflected double voting or voting in the name of deceased individuals.
Ohio--a statewide survey found a mere four instances out of more than 9 million votes cast where ineligible persons voted or attempting to vote in 2002 and 2004--a rate of 0.00004%.
Georgia--(which recently passed one of the strictest voter ID laws, which was subsequently struck down); Secretary of State Cathy Cox stated that in her ten-year tenure, she could not recall one documented case of voter fraud involving the impersonation of a registered voter at the polls.
I have introduced legislation, the Electoral Fairness Act of 2006 (H.R. 4989), that would require that all voters, upon being duly registered, be issued a durable voter registration card at no cost to the voter, ``which shall serve as proof that the individual is duly registered to vote'' at the polling place which services the individual's address. The bill would preserve HAVA's existing voter ID requirements, but add no more, an the voter registration cards would serve strictly to protect voters who are removed from the voter rolls wrongfully or erroneously.
My legislation would protect the 1.2 million voters who were, in fact, wrongfully denied access to a regular ballot in 2004 when they
showed up at polling places. The legislation before us, in the absence of meaningful or documented justification, would leave those 1.2 million voters in jeopardy of wrongful disenfranchisement and add 20 million more to the pile. In the name of solving a problem that is evidently a tiny problem these legislators--at great expense to individuals and to states--would add requirements that will turn away legitimate, deserving, honest voters. This is poll tax, pure and simple, and I urge my colleagues to vote it down.
Groups Opposing H.R. 4844
A. Philip Randolph Institute; ACORN; Advancement Project;
Aguila Youth Leadership Institute; Alliance for Retired
Americans; American Association of People with Disabilities;
American Association of Retired Persons (AARP); American
Civil Liberties Union; American Civil Liberties Union of
Arizona; American Federation of Labor--Congress of Industrial
Organizations (AFL-CIO); American Federation of State, County
and Municipal Employees; American Immigration Lawyers
Association; American Policy Center; Americans for Democratic
Action; Arizona Advocacy Network; Arizona Consumers Council;
Arizona Hispanic Community Forum; Arizona Students'
Association; Asian American Justice Center; Asian American
Legal Defense and Education Fund; Asian and Pacific Islander
American Vote (APIAVote); and Asian Pacific American Labor
Alliance, AFL-CIO.
Brennan Center for Justice at NYU School of Law; Center for
Digital Democracy; Common Cause; Computer Professionals for
Social Responsibility; Concerned Foreign Service Officers;
Congressional Hispanic Caucus; Consumer Action; Cyber Privacy
Project; Democratic Women's Working Group; Demos : A Network
for Ideas & Action; Electronic Privacy Information Center;
Emigrantes Sin Fronteras; Fairfax County Privacy Council;
Friends Committee on National Legislation; Hispanic
Federation; Hispanic National Bar Association; Interfaith
Worker Justice of Arizona; Intertribal Council of Arizona;
Japanese American Citizens League (JACL); La Union Del Pueblo
Entero (LUPE); Labor Council for Latin American Advancement;
and Lawyers' Committee for Civil Rights Under Law.
Leadership Conference on Civil Rights; League of United
Latin American Citizens; League of Women Voters of Greater
Tucson; League of Women Voters of the United States; Legal
Momentum; Mexican-American Legal Defense and Educational
Fund; National Association for the Advancement of Colored
People (NAACP); National Association of Latino Elected and
Appointed Officials Educational Fund; National Center for
Transgender Equality; National Congress of American Indians;
National Council of Jewish Women; National Council of La
Raza; National Disability Rights Network; National Education
Association; National Korean American Service & Education
Consortium; National Urban League; National Voting Rights
Institute; Navajo Nation; New York Public Interest Research
Group, Inc./NYPIRG; Ohio Taxpayers Association & OTA
Foundation; People for the American Way Foundation; and
Project for Arizona's Future.
Protection and Advocacy System; RainbowPUSH Coalition;
Republican Liberty Caucus; SEIU Local 5 Arizona; Service
Employees International Union (SEIU); Sikh American Legal
Defense and Education Fund (SALDEF); Somos America/We Are
America; Southwest Voter Registration Education Project; The
Multiracial Activist; The Rutherford Institute; Tohono
O'odham Nation; Transgender Law Center; U.S. PIRG; Unitarian
Universalist Association of Congregations; United Auto
Workers; United Church of Christ Justice & Witness
Ministries; United Methodist Church, General Board of Church
and Society; United States Student Association; United
Steelworkers; UNITE-HERE; Velvet Revolution; William C.
Velasquez Institute; and YWCA USA.