[Congressional Record Volume 143, Number 50 (Thursday, April 24, 1997)]
[House]
[Pages H1854-H1856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCTION OF THE VOTER ELIGIBILITY VERIFICATION ACT--H.R. 1428
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from California [Mr. Horn] is recognized for 5 minutes.
Mr. HORN. Mr. Speaker, today I and 16 other colleagues are
introducing the Voter Eligibility Verification Act, H.R. 1428. I think
most American citizens would say that the very hallmark of citizenship
is the right to cast one's vote and to have it counted. But in America
we have increasingly situations where people who are not American
citizens are voting, and local registrars and State chief election
officers
[[Page H1855]]
are at their wit's end as to how we can find out who are American
citizens and who are not.
The Voter Eligibility Verification Act of 1997 intends to solve that
problem. I am very conscious of what one vote means. When I go to high
school civic classes and talk to seniors, I stress my own primary back
in 1992. I won by one-fifth of a vote per precinct.
So each vote is precious. One's individual vote does count, and in
introducing this bill we are trying to ensure the integrity of
national, State, and local elections. By preventing noncitizens from
registering to vote, we are fulfilling the spirit of the Constitution.
The 16 colleagues who join me have also had experience with close
elections in Arizona, California, and Ohio among other States. In many
jurisdictions, it is simply too easy to vote fraudulently.
Last October, California Secretary of State Bill Jones dropped 727
people from the voter rolls after they completed voter registration
forms that simply indicated they were not citizens. Secretary Jones has
endorsed the bill, and I would like to place his endorsement letter in
the Record.
Secretary of State,
State of California, April 3, 1997.
Hon. Steve Horn,
Cannon House Office Building,
Washington, DC.
Dear Congressman Horn: I am writing to express my strong
support of your proposed legislation to permit elections
officials to have access to INS information.
As you know, I have set as my goal as Secretary of State
100% voter participation and zero tolerance for fraud. In the
last two and a half years my office has moved aggressively
towards both of these goals.
In regards to voter participation, I have established an
aggressive and comprehensive outreach program via television,
radio, signs on buses, printed messages on bank ATM receipts,
grocery bags, La Opinion newspaper, and billboards, and a
variety of other programs within the public and private
sector.
My election reforms include a statewide voter file
(CalVoter) to clean duplicate and deadwood voter records off
our lists; a place on the voter registration form to provide
a driver's license number as a unique identifier; the first
ever cross-county check for double voters; a crackdown on
bounty hunters, to name just a few. I am working hard to send
a message of deterrence to any who would abuse our elections
system in any way.
However, there are still some reforms uncompleted that are
critical to the future integrity of California's election
system. Number one is the issue of citizenship. The federal
NVRA [National Voter Registration Act--``Motor Voter''] and
California election law clearly state that only those persons
who are United States citizens are eligible to register and
vote in elections. Unfortunately, we have very limited tools
to be able to verify or check if a voter is a citizen.
Your bill, which would provide for access to records
residing with the Immigration and Naturalization Service
would materially benefit election officials in our efforts to
maintain the integrity of the voter file. Please feel free to
contact my office for assistance in securing passage of this
most important measure.
Sincerely,
Bill Jones,
Secretary of State.
Mr. HORN. Mr. Speaker, in another startling case in 1994, it was
discovered that Mexican presidential candidate Luis Donald Colosio was
assassinated by one of his countrymen who had registered to vote in Los
Angeles County twice despite the fact that he was not a citizen of the
United States.
Elections are the very lifeblood of democracy. Fraud in elections
poisons our electoral system and undermines the trust that is essential
to democracy.Under the bill we are introducing today, State and local
election officials would be able to make inquiries to the Social
Security Administration which has a record of citizenship when they
assign a Social Security number, and the Immigration and Naturalization
Service which also can help verify people who have submitted to
naturalization and citizenship.
{time} 1645
I want to emphasize that this legislation includes extensive
restrictions on the use of the system to prevent discrimination and
violations of privacy rights. This legislation strikes a vitally needed
balance between protecting the sanctity of our elections and the rights
of every individual.
Last year, we saw many elections where the possibility of noncitizens
voting was before us. Last year in the 104th Congress, we passed a
historic Illegal Immigration Reform and Immigrant Responsibility Act.
It made it explicitly illegal for noncitizens to vote. But without
having a way to verify registrants' ability to vote, State and local
election officials simply could not enforce that law effectively.
Voting, as I suggested, is the most fundamental act of citizenship.
The people who administer our elections ought to have access to the
information they need to ensure the integrity of the ballot box.
American citizens deserve no less.
Mr. Speaker, I attach for inclusion the following exhibits:
Exhibit I: A Summary of The Voter Eligibility Verification Act.
Exhibit II: The sponsors of H.R. 1428.
Exhibit III: The text of H.R. 1428.
Exhibit I
summary: the voter eligibility verification act
Under the bill, local election officials would be able to
make inquiries with the Social Security Administration and
the Immigration and Naturalization Service to verify the
citizenship of people who have submitted a voter registration
application at the local level. Both agencies are involved
because neither has a comprehensive record of all current
citizens. The agencies only will respond if the inquiry is
necessary for determining eligibility to vote.
The bill also makes it clear that state and local
governments also may require the Social Security number as
part of the voter registration process. According to the
Congressional Research Service, 13 states require the Social
Security number on their voter registration forms. It is
optional on the forms of 14 states.
The bill requires the verification process to be designed
to be as reliable and easy to use as possible, so long as
privacy and information security are protected. Election
officials would be able to make inquiries through a toll-free
telephone call or other toll-free electronic media.
The bill also requires Social Security and INS to update
their information to make it as accurate possible, and to set
up a process for prompt correction of erroneous information.
There is no mandate on state or local governments to use
the proposed verification process. It is simply a tool
available to them should they choose to use it.
The bill also includes extensive restrictions on the use of
the verification process to prevent discrimination and
violation of privacy. The verification process in the bill is
to be designed and operated with administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information, and safeguards against discrimination,
including the selective or unauthorized use of the
verification process. The bill requires the verification
process to be ``uniform, nondiscriminatory, and in compliance
with the Voting Rights Act of 1965.''
It explicitly does not authorize a ``national ID card'' or
the creation of a new database.
Finally, people whose citizenship status cannot be
confirmed by the process proposed in the bill would have the
opportunity to provide proof of their citizenship to local
registrars of voters. Under the bill, if an individual's
citizenship cannot be confirmed, the election official has to
notify the individual in writing and inform them of their
right to establish their eligibility to vote (provide proof
of citizenship). The individual's voter application can then
be rejected, the individual's name can be removed from the
voting rolls, or the individual can be given provisional
voting status.
California Secretary of State Bill Jones has endorsed the
bill. The bill's original co-sponsors are Representatives
David Dreier (R-CA), Mark Foley (R-FL), Brian Bilbray (R-CA),
Ken Calvert (R-CA), Randy ``Duke'' Cunningham (R-CA), Phil
English (R-PA), Elton Gallegly (R-CA), Duncan Hunter (R-CA),
Jerry Lewis (R-CA), Howard ``Buck'' McKeon (R-CA), Ron
Packard (R-CA), Frank Riggs (R-CA), Ed Royce (R-CA), Cliff
Stearns (R-FL), Bob Stump (R-AZ), and James Traficant (D-OH).
____
Exhibit II
the sponsors of h.r. 1428
Mr. Horn and:
1. Mr. Dreier.
2. Mr. Foley.
3. Mr. Bilbray.
4. Mr. Calvert.
5. Mr. Cunningham.
6. Mr. English (PA).
7. Mr. Gallegly.
8. Mr. Hunter.
9. Mr. Lewis (CA).
10. Mr. McKeon.
11. Mr. Packard.
12. Mr. Riggs.
13. Mr. Royce.
14. Mr. Stearns.
15. Mr. Stump.
16. Mr. Traficant.
____
Exhibit III
the text of h.r. 1428
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Eligibility
Verification Act''.
SEC. 2. VOTER ELIGIBILITY CONFIRMATION SYSTEM.
(2) In General.--Title IV of the Immigration and
Nationality Act (8 U.S.C. 1101, note)
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is amended by inserting after the chapter heading for chapter
1 the following:
``voter eligibility confirmation system
``Sec. 401. (a) In General.--The Attorney General, in
consultation with the Commissioner of Social Security, shall
establish a confirmation system through which they--
``(1) respond to inquiries made to verify the citizenship
of an individual who has submitted a voter registration
application, by Federal, State, and local officials
(including voting registrars) with responsibility for
determining an individual's qualification to vote in a
Federal, State, or local election; and
``(2) maintain a record of the inquiries that were made and
of verifications provided (or not provided).
``(b) Initial Response.--The confirmation system shall
provide for a confirmation or a tentative nonconfirmation of
an individual's citizenship by the Commissioner of Social
Security as soon as practicable after an initial inquiry to
the Commissioner.
``(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation as soon as practicable after the date of the
tentative nonconfirmation.
``(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
``(1) to be used on a voluntary basis, as a supplementary
information source, by Federal, State, and local election
officials for the purpose of assessing the eligibility of
voter registration applicants, and administering voter
registration, through citizenship verification;
``(2) to respond to an inquiry concerning citizenship only
in a case where determining whether an individual is a
citizen is--
``(A) necessary for determining whether the individual is
eligible to vote in an election for Federal, State, or local
office; and
``(B) part of a program or activity to protect the
integrity of the electoral process that is uniform,
nondiscriminatory, and in compliance with the Voting Rights
Act of 1965 (42 U.S.C. 1973 et seq.);
``(3) to maximize its reliability and ease of use,
consistent with insulating and protecting the privacy and
security of the underlying information;
``(4) to permit inquiries to be made to the system through
a toll-free telephone line or other toll-free electronic
media;
``(5) to respond to all inquiries made by authorized
persons and to register all times when they system is not
responding to inquiries because of a malfunction;
``(6) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
``(7) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including the
selective or unauthorized use of the system.
``(e) Responsibilities of the Commissioner of Social
Security.--
``(1) In general.--As part of the confirmation system, the
Commissioner of Social Security shall establish a reliable,
secure method, which compares the name and social security
account number provided in an inquiry against such
information maintained by the Commissioner in order to
confirm (or not confirm) the validity of the information
provided regarding an individual whose identity and
citizenship must be confirmed, the correspondence of the name
and number, and whether the individual is a citizen of the
United States. The Commissioner shall not disclose or release
social security information (other than such confirmation or
nonconfirmation).
``(2) Provision of alien identification number.--In cases
of tentative nonconfirmation of an individual's citizenship
by the Commissioner of Social Security after an initial
inquiry to the Commissioner, the Commissioner, as part of the
confirmation system, shall provide to the person making the
inquiry any information the Commissioner maintains regarding
an alien identification or authorization number for the
individual established by the Immigration and Naturalization
Service. The Attorney General, in consultation with the
Commissioner, shall specify the information to be provided
under this paragraph.
``(f) Responsibilities of the Commissioner of the
Immigration and Naturalization Service.--As part of the
confirmation system, the Commissioner of the Immigration and
Naturalization Service shall establish a reliable, secure
method, which compares the name and alien identification or
authorization number described in subsection (e)(2) which are
provided in an inquiry against such information maintained by
the Commissioner in order to confirm (or not confirm) the
validity of the information provided, the correspondence of
the name and number, and whether the individual is a citizen
of the United States.
``(g) Updating Information.--The commissioners of Social
Security and the Immigration and Naturalization Service shall
update their information in a manner that promotes the
maximum accuracy and shall provide a process for the prompt
correction of erroneous information, including instances in
which it is brought to their attention in the secondary
verification process described in subsection (c).
``(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
``(1) In general.--Notwithstanding any other provision of
law, nothing in this section shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this section for any other
purpose other than as provided for under this section.
``(2) No national identification card.--Nothing in this
section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
``(3) No new data bases.--Nothing in this section shall be
construed to authorize, directly or indirectly, the Attorney
General and the Commissioner of Social Security to create any
joint computer data base that is not in existence on the date
of the enactment of the Voter Eligibility Verification Act.
``(i) Actions by Voting Officials Unable to Confirm
Citizenship.--
``(1) In general.--In a case where an official who is
authorized to receive information through use of the
confirmation system is unable, after completion of the
secondary verification process, to confirm the citizenship of
an individual, the official--
``(A) shall so notify the individual in writing; and
``(B) shall inform the individual in writing of the
individual's right to use--
``(i) the process provided under subsection (g) for the
prompt correction of erroneous information in the
confirmation system; or
``(ii) any other process for establishing eligibility to
vote provided under State or Federal law.
``(2) Registration applicants.--In the case of an
individual who is an applicant for voter registration, and
who receives a notice from an official under paragraph (1),
the official may, subject to, and in a manner consistent
with, State law, reject the application, or provisionally
accept the application, pending the official's receipt of
adequate confirmation of the citizenship of the individual.
``(3) Voter removal programs.--In the case of an individual
who is registered to vote, and who receives a notice from an
official under paragraph (1) in connection with a program to
remove the names of ineligible voters from an official list
of eligible voters, the official may, subject to, and in a
manner consistent with, State law, remove the name of the
individual from the list, or grant the individual provisional
voting status, pending the official's receipt of adequate
confirmation of the citizenship of the individual.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting
before the item relating to section 402 the following:
``Sec. 401. Voter eligibility confirmation system.''.
SEC. 3. PERMITTING STATES TO REQUIRE APPLICANTS REGISTERING
TO VOTE TO PROVIDE SOCIAL SECURITY NUMBER.
Clauses (i) and (vi) of section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) are amended by
inserting ``voter registration,'' after ``driver's
license,''.
____________________