[Congressional Record Volume 148, Number 14 (Thursday, February 14, 2002)]
[Senate]
[Pages S838-S840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          SENATOR DODD'S BABY

  Mr. REID. Mr. President, I also say to my friend, I had such a 
pleasant time about half an hour ago. I went back to Room 219 and saw 
Grace Dodd, his beautiful 6-month-old baby. As I said to Jackye, your 
lovely wife: She is a real person, little Grace. And I bet the Senator 
is very proud of her, as he should be.
  Mr. DODD. Absolutely.


                    Amendment No. 2914, As Modified

  Mr. REID. Mr. President, I ask unanimous consent that the Schumer 
amendment No. 2914 at the desk be modified with the language at the 
desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as modified, is as follows:

  (Purpose: To permit the use of a signature or personal mark for the 
 purpose of verifying the identity of voters who register by mail, and 
                          for other purposes)

       Beginning on page 18, line 20, strike through page 19, line 
     24, and insert the following:
       (2) Requirements.--
       (A) In general.--An individual meets the requirements of 
     this paragraph if the individual--
       (i) in the case of an individual who votes in person--

       (I) presents to the appropriate State or local election 
     official a current and valid photo identification;
       (II) presents to the appropriate State or local election 
     official a copy of a current

[[Page S839]]

     utility bill, bank statement, Government check, paycheck, or 
     other Government document that shows the name and address of 
     the voter;
       (III) provides written affirmation on a form provided by 
     the appropriate State or local election official of the 
     individual's identity; or
       (IV) provides a signature or personal mark that matches the 
     signature or personal mark of the individual on record with a 
     State or local election official; or

       (ii) in the case of an individual who votes by mail, 
     submits with the ballot--

       (I) a copy of a current and valid photo identification;
       (II) a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter; or
       (III) provides a signature or personal mark that matches 
     the signature or personal mark of the individual on record 
     with a State or local election official.

       (B) Provisional voting.--An individual who desires to vote 
     in person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 102(a).
       (3) Identity verification by signature or personal mark.--
       (A) In general.--In lieu of the requirements of paragraph 
     (1), a State may require each individual described in such 
     paragraph to provide a signature or personal mark for the 
     purpose of matching such signature or mark with the signature 
     or personal mark of that individual on record with a State or 
     local election official.
       On page 68, strike lines 19 and 20, and insert the 
     following:
       (a) In General.--Nothing in this Act may be construed to 
     authorize

  Mr. REID. Mr. President, I ask unanimous consent that the following 
list of amendments that I will send to the desk be the only first-
degree amendments remaining in order to S. 565, the election reform 
bill; that these amendments be subject to second-degree amendments 
which are relevant to the amendment to which it is offered; that upon 
disposition of all amendments, the bill be read a third time, and the 
Senate vote on passage of the bill; that upon passage, the title 
amendment which is at the desk be agreed to, and the motion to 
reconsider be laid upon the table, without any further intervening 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The list is as follows:

           First-Degree Amendments to S. 565, Election Reform

         (Current as of 7:05 pm on Thursday, February 14, 2002)

       Byrd: Relevant, Relevant to the list.
       Cantwell: Relevant (3).
       Cleland: Military and Disabled Voters (2), Amending short 
     title.
       Clinton: Residual ballot rules.
       Daschle: Relevant, Relevant to the list.
       Dayton: Free and Reduced Mail-In Ballots, Pilot Program 
     (Amdt. 2897), Pilot Program (Amdt. 2898).
       Dodd: Managers' Amendments, Criminal Penalties 
     Clarification, Relevant (2), Relevant to the list.
       Durbin: Photo ID Alternative, Relevant.
       Feinstein: Retro Activity, Relevant (5).
       Harkin: Sense of Congress re: Access to polling place, 
     Protection & Advocacy Systems for the Disabled.
       Hollings: Weekend elections, Using NIST.
       Jeffords: Felon list, Minimum State funding, State plan, 
     First-time voters, Minimum State Funding II.
       Kennedy: Safe Harbor.
       Kerry: Election Day Holiday (Amdt. 2860).
       Kohl: Weekend voting.
       Landreiu: SoS local impact (Amdt. 2869), Federal holiday 
     (Amdt. 2868), Strike study on establishing Election Day as 
     holiday (Amdt. 2867).
       Levin: Provisional ballot, Grant funds.
       Lieberman: Recount standards.
       Reed: Relevant (2).
       Reid: Relevant, Relevant to the list.
       Rockefeller: Overseas voters.
       Sarbanes: Help America vote college program.
       Schumer: Lever Machines, Age Box, Voter Registration, 
     First-Time Voters.
       Torricelli: TV broadcasting.
       Wyden: ID verification (Amdt 2870).
       B. Smith: Military voting, Relevant.
       Collins: Grant minimum.
       Gramm: Military voting.
       Sessions: Civic education, Mock election.
       Lugar: Toll free hotline for fraud.
       Enzi: Parking lot accessibility.
       Grassley: Military voting, Voter registration, Overseas 
     voters.
       McCain: Polling accessibility for disabled (3).
       Specter: Relevant (3).
       Bond: Relevant (3).
       Roberts: Provisional voting, Notify voters.
       Burns: Relevant, Election technology.
       Kyl: Relevant (2).
       Hatch: Relevant (2).
       Ensign: Grant funding, Auditing.
       Chafee: State Grant Payments.
       Nickles: Relevant (2), Relevant to the list (2).
       Thomas: Voter registration procedures, Exempt states, 
     Disabilities.
       Stevens: Americans abroad.
       McConnell: Relevant (2), Relevant to list (2).
       Lott: Relevant (2), Relevant to list (2).
  Mrs. CARNAHAN. Mr. President, discussions about the state of our 
democracy too often focus on what is wrong with our political system.
  Experts bemoan low turnout; they say young people are turned off by 
politics; they say grassroots campaigns no longer can work in the age 
of 30-second television ads.
  But Americans cherish their democracy. Political participation allows 
us to express our deepest held beliefs. When we fight for something we 
believe in we are true participants in our democracy. I know this is 
true because I saw it myself. Missourians during the last election, 
even in the face of grief, went to the polls to make their will known. 
The 2000 election, however, revealed a number of flaws in our electoral 
machinery.
  Far too many Americans were being disenfranchised without their 
knowledge. Too many voters left the polling places in confusion; too 
often registration lists had not been properly maintained.
  The promise of American democracy is that everyone has the right to 
vote without regard to their individual circumstance. It is our job to 
make that promise a reality.
  The Constitution calls for a decentralized system that puts states in 
charge of elections. But since States hold elections for Federal 
offices, it is appropriate for the Federal Government to encourage and 
empower States to improve the voting process. I believe this bill does 
just that and I am pleased to support it.
  I congratulate the sponsors and those who have put many hours of hard 
work to bringing this consensus bill to the floor.
  This bill is framed around two basic premises: Those who are not 
properly registered to vote are not allowed to cast a ballot, but for 
those who are properly registered, we should make it as easy as 
possible for them to go to the polls, vote, and have their vote 
counted.
  To those who say we need additional steps to eliminate voter fraud 
and punish those who abuse the system, you are correct. We must work 
harder to put systems in place that will adequately update voter rolls. 
Many States and local registrars are plagued by insufficient 
technology, and thus an inability to maintain databases that are 
current. There must also be adequate voter education so that our 
citizens understand what steps they must take to register properly. And 
we must make sure that poll workers receive the appropriate training so 
that we can reduce any potential issues at the polling places.
  To those who say we must live up to the promise of our Constitution 
and do all within our power to bring more people into the process, I 
say your call must be heard.
  This Nation's history is built on the fight for suffrage. To place 
even the lowest hurdle before someone seeking to exercise the right to 
vote is an affront to our democracy. This bill ensures that we go the 
extra mile to protect the rights of those populations most vulnerable 
to disenfranchisement: the elderly, the disabled, those who are not 
fluent in English, ethnic and racial minorities, and members of the 
armed services who are serving overseas.
  Perhaps the most significant reform in this bill is that States will 
be required to implement a system of provisional voting. From now on, 
if someone's eligibility is challenged at the polling place, they will 
have the right to cast a vote. If it turns out that the voter was 
properly registered, his or her vote will be counted.
  The bill will also prevent disenfranchisement by updating voting 
technology. In the future, voters will know if they unintentionally 
selected more than one candidate for a single office, or if their 
ballots are not otherwise properly marked, and they will have a chance 
to correct their ballots, and make sure their vote is counted. It is 
common sense that when a system is broken, we must mend it.
  When this system concerns a fundamental and cherished right, it is 
not only common sense, it is vital to the health of our Nation.

[[Page S840]]

  Our efforts today to empower voters remind me of the words of 
President Franklin D. Roosevelt, who said:

       Let us never forget that government is ourselves and not an 
     alien power over us. The ultimate rulers of our democracy are 
     not a President and senators and congressmen and government 
     officials, but the voters of this country.

  Let us renew the promise of our great Nation and enact legislation 
that will promote fairness, enhance participation, and increase our 
faith in the greatest democracy in the history of the world.


                     north dakota voting procedures

  Mr. CONRAD. As my colleague from Connecticut knows, North Dakota 
currently operates a unique voting system in that we have no 
registration system whatsoever for our State. This is a very open 
system that I believe is very much in line with the intent of your 
legislation to ensure the maximum amount of openness and accessibility 
in our Nation's voting system. Am I correct in reading the language of 
subparagraph 103(a)(1)(B) of the substitute amendment to allow North 
Dakota to continue operating a registration-less voting system for 
Federal elections in our State?
  Mr. DODD. Yes, the clear text of this provision exempts states 
without a registration requirement for its voters from having to 
implement such a computerized system consistent with section 103. Put 
simply, the exception provided in 103(a)(1)(B) exempts North Dakota 
from all provisions of the bill concerning a computerized statewide 
voter registration system. We simply did not want any of this bill's 
provisions, either directly or indirectly, to interfere with North 
Dakota's ability to continue operating its commendably open and 
accessible registration-less system of voting.
  Mr. CONRAD. Mr. President, I thank the Senator from Connecticut for 
his aid in understanding this exemption. I also have a question with 
regard to Section 102 of the bill--the provisional voting section. I 
would like to describe the way North Dakota currently operates its 
``voter challenge process'' to get my esteemed colleague's perspective 
on whether our State currently satisfies the requirements of this 
section.
  In North Dakota, the members of an election board or poll challengers 
may challenge the right of anyone to vote whom they know or have reason 
to believe is not a qualified elector. A poll challenger or election 
board member may request that a person offering to vote provide an 
appropriate form of identification to address any voting eligibility 
concerns, such as age, citizenship, or residency requirements. If the 
identification provided does not adequately resolve the voter 
eligibility concerns of the poll challenger or election board member, 
the challenged person can execute an affidavit before the election 
inspector affirming that the challenged person is a legally qualified 
elector of the precinct. The affidavit must include the name and 
address of the challenged voter and the address of the challenged voter 
at the time the challenged voter last voted.
  If the election inspector finds the affidavit valid on its face, the 
challenged person is allowed to vote as any other voter does and his or 
her voted ballot is deposited in the ballot box with the rest of the 
voted ballots from the precinct and counted by a canvassing board, or 
in the case of a recount by the recount board, in exactly the same 
manner as a ballot cast by non-challenged voters. In other words, the 
challenged person's voted ballot is not segregated or designated in any 
special way for further or future inspection by election officials, 
canvassing officials, recount officials, or legal authorities.
  I ask my distinguished colleague the Senator from Connecticut whether 
this current system satisfies the requirements of section 102 of his 
bill.
  Mr. DODD. Mr. President, I again commend the State of North Dakota's 
open and accessible voting system. Our intent in drafting section 102 
was to require that voters who were challenged, but felt that they had 
the legal right to vote, were given the opportunity to cast a ballot 
and then have that ballot set aside and verified. North Dakota's system 
goes beyond this intent by being even more voter-friendly. Based on my 
understanding of your description of North Dakota's system, North 
Dakota should be able to continue operating its more voter-friendly 
voter challenge system.
  For example, paragraphs (a)(3) and (a)(4) of section 102 requires 
election officials to verify the written affirmation of that voter's 
eligibility before the ballot is counted. Under North Dakota State law, 
as you have represented it to me, verification happens upon the 
execution of a written affidavit. The fact that the verification by the 
election official that is required under this bill occurs prior to the 
ballot being cast instead of after the ballot is cast is a function of 
North Dakota's registration-less system. It therefore satisfies all of 
the requirements of section 102(a).
  I should point out that under subsection 102(a)(5), the individual 
who voted via affidavit will need to be provided written notification 
at the time he casts his or her ballot that he or she will not receive 
any further notification--because as a matter of state law, that 
person's vote has been counted. This could easily be done by handing 
out a generic form to each voter who votes via affidavit.
  Mr. CONRAD. Mr. President, I greatly appreciate the Senator from 
Connecticut taking the time to answer my questions about his bill. I 
also want to take this time to commend the Senator for his terrific 
leadership and work on the very important issue of election reform.
  Mr. REID. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________