[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)

[[Page H1856]]

     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,''.

                          ____________________