[Congressional Record Volume 148, Number 123 (Wednesday, September 25, 2002)]
[House]
[Pages H6682-H6685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  MOTION TO INSTRUCT CONFEREES ON H.R. 3295, HELP AMERICA VOTE ACT OF 
                                  2001

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I offer a motion.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:
       Ms. Eddie Bernice Johnson of Texas moves that the managers 
     on the part of the House at the conference on the disagreeing 
     votes of the two Houses on the Senate amendments to the bill 
     H.R. 3295 be instructed to take such actions as may be 
     appropriate to ensure that a conference report is filed on 
     the bill prior to October 1, 2002.

                              {time}  1945

  The SPEAKER pro tempore (Mr. Pence). Pursuant to clause 7 of rule 
XXII, the gentlewoman from Texas (Ms. Eddie Bernice Johnson) and the 
gentleman from Ohio (Mr. Ney) each will control 30 minutes.
  The Chair recognizes the gentlewoman from Texas (Ms. Eddie Bernice 
Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield myself such 
time as I may consume.
  This motion instructs the conferees on H.R. 3295, the Help America 
Vote Act, to complete their work and file a conference report prior to 
October 1, 2002.

[[Page H6683]]

  Mr. Speaker, less than a week ago I joined a number of Members at 
this podium and recounted how allegations of voter intimidation, 
inaccurate voter registration lists, arbitrary ballot counting 
standards, and antiquated machinery deprived so many citizens of their 
right to vote and have their vote counted during the 2000 election.
  Recent primary elections in Florida and elsewhere have only confirmed 
that the problems of 2000 will not go away until we pass and enact 
meaningful election reform legislation reform standards, and we must 
also provide State and local authorities with resources to improve 
their election systems from top to bottom.
  It is really very simple, and so I ask how many times do we have to 
come to this podium and plead for reform.
  I am here to tell my colleagues that we will come before them I guess 
as many times as it takes. This is a number one priority for the 
Congressional Black Caucus because we believe so strongly in democracy, 
and this is the crux of democracy. There is no democracy when we shut 
out the first amendment right and not allow people to cast their votes 
that are eligible and have those votes counted.
  So we cannot be silenced until this body answers the call for 
election reform. We in Congress have within our power, indeed almost 
within our very grasp, legislation that will take giant strides to 
remedy the disenfranchisement of the last election. It has not been an 
easy fight to get where we are today, but we are just inches away from 
the comprehensive legislation that will secure the constitutional right 
to vote for millions of Americans. We must pass this bill, and we must 
send it to the President for his signature before another day passes.
  I am proud to say that in the fight for election reform we have had 
many foot soldiers. I want to thank the gentleman from Maryland (Mr. 
Hoyer), who has been battling every day since the 2000 elections to 
extend these important protections to all of our Nation's voters. His 
leadership is getting us to where we are today on this legislation. It 
has been limitless, and I thank him for everything he has done.
  In that same spirit, I must also thank the gentleman from Ohio (Mr. 
Ney) for his hard work in helping us bridge the differences between the 
two bills. Indeed, I believe that all members of the conference 
committee deserve our gratitude for their work on this challenging 
task.
  We also have had the terrific support from our colleagues from the 
other Chamber, and I would like to especially commend the efforts of 
Senator Christopher Dodd, who has worked alongside the caucus and the 
civil rights communities to make certain that the issues we care about 
most deeply are being addressed in the final bill.
  Finally, I must thank my colleagues in the Congressional Black Caucus 
and, in particular, the gentleman from Michigan (Mr. Conyers) and the 
gentlewoman from California (Ms. Waters) for working tirelessly. We 
have invested so much energy and so much passion in seeing the goal of 
making every vote count realized, and now I salute all of the people 
who have remained steadfast.
  As many of my colleagues know, the CBC has been holding hearings and 
forums and speaking out continuously for the past 21 months on this 
issue. I believe when it comes to election reform, yet again, we have 
served as the conscience of the Congress.
  Soon after the Supreme Court announced its decision on Bush v. Gore, 
the caucus resolved to develop legislation that addressed these 
spectacular failures in the 2000 election. We resolved to make that 
legislation our number one priority.
  We fought hard to get the Help America Vote Act introduced and passed 
by the House of Representatives, and we worked with the Senate to make 
sure that the protections they passed were even stronger than those 
contained in our bill.
  Mr. Speaker, these bills are not far apart and we cannot reconcile 
them. This is why I stand here before my colleagues today to encourage 
conferees to complete their work and send us a bill that can be signed 
into law.
  We also know that the legislation before the conferees is not 
perfect. I do not think I have ever seen a perfect bill, but it is a 
tremendous first step toward meaningful reform. The legislation will 
help protect and secure an electoral system in which all Americans are 
able to register as voters, remain on the rolls once registered, and 
vote free from harassment.
  Mr. Speaker, our democracy begins and ends with the fundamental right 
to vote. Congress must act immediately to ensure that every American 
has the right to vote and to have their votes counted.
  Time is running out for the 107th Congress. We have come so close to 
the compromise, and the price for not passing election reform is far 
too high. It is imperative that the conference committee finish their 
hard work and come to an agreement before October 1 because we cannot 
afford to let this opportunity slip away.
  Mr. Speaker, I reserve the balance of my time.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair will remind Members that it is not 
in order to cast reflections on the Senate; that it is not in order to 
refer to a Senator except as provided in clause 1 of rule XVII.
  Mr. NEY. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I stand tonight applauding the efforts of our colleague, 
the gentlewoman from Texas; and I stand to support this motion to 
instruct. As we like to say around here, work, work, and we mean it 
this time on this. It is a good thing to do.
  The Help America Vote Act could not be here if it were not for my 
colleague from Maryland (Mr. Hoyer) and all the other Members on both 
sides of the aisle that supported this measure. It is a crucial 
measure. It is important to every citizen in the United States, and the 
conference committee has to continue to communicate, communicate with 
the advocacy groups, local election officials, everybody who has this 
bill near and dear to their heart.
  I commend the gentlewoman from Texas, all of those who have worked so 
hard for this bill. We cannot lose this bill. We have to continue to 
work. I know we are running out of time, but I am sure that many minds 
can come together and can produce a product that we are going to be 
proud of long after we are not serving in this body.
  The Help America Vote Act is good for the Nation. I fully support the 
gentlewoman's motion to instruct.
  Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 5 minutes to 
the gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding me the 
time.
  I want to congratulate her and thank her for the extraordinary job 
that she has done over the last 18 months on this particular issue. She 
has been tireless in her efforts to promote the assurance that every 
American not only has the right to vote but that every American will 
have their vote counted correctly.
  I also want to mention two of my very good friends and colleagues on 
the floor, the gentlewoman from Florida (Ms. Brown) and the gentlewoman 
from Florida (Mrs. Meek), two members from Florida who firsthand 
experienced and their constituents experienced the difficulties of 
voting in November of 2000.
  I also want to recognize the gentleman from Ohio (Mr. Ney), our 
chairman, who has done such an outstanding job getting us to this 
point. Without his measured and effective leadership, we would not be 
where we are.
  I want to go back to the gentlewoman from Texas (Ms. Eddie Bernice 
Johnson) because as chairwoman of the Congressional Black Caucus and 
vice chair of the Democratic Caucus Special Committee on Election 
Reform she has tirelessly advocated that the 107th Congress keep its 
eye on the prize and pass meaningful, comprehensive election reform.
  Mr. Speaker, in only 42 days this Nation will hold its first Federal 
election since November 2000. Nobody can predict with certainty how 
smoothly those elections will go. Certainly we experienced a primary in 
Florida that did not go well. After almost 2 years, studying what went 
wrong in November 2000, I am convinced that confidence in this Nation's 
election system will not be restored until this Congress

[[Page H6684]]

enacts meaningful national standards and offers State and local 
authorities the resources to improve their election infrastructure.
  I am pleased to report, as the chairman has said, that Congress is on 
the threshold of doing just that, thanks in large measure to my 
colleague and good friend from Ohio (Mr. Ney), whom I have already 
mentioned. We are closer than ever to enacting the most comprehensive 
package of voting reforms since the Voting Rights Act of 1965, reforms 
that will require States to offer provisional ballots to all voters; 
reforms that will require States to maintain state-wide computerized 
registration lists to ensure the most accurate, up-to-date rolls and 
minimize the number of voters who are incorrectly removed from the 
rolls; reform that will reward States for retiring obsolete voting 
machines, especially the notorious punch card machines and their 
dangling chads; reforms that will require voting systems to be 
accessible to all individuals with disabilities, including nonvisual 
accessibility for the blind; reforms that will allow voters to review 
and correct their ballots before they are ultimately cast. We call that 
second-chance voting. Every voter ought to be assured that their vote 
is correctly cast and will be accurately counted.
  Reform that does not weaken, let me reiterate this, reforms that do 
not weaken any existing voting rights laws and includes meaningful 
enforcement; reform that ensures military and civilian voters who live 
and work overseas are able to vote and have their vote counted.
  Mr. Speaker, this motion is intended to ensure that we on the 
conference committee complete our work prior to October 1, 2002. Given 
the extraordinary progress the conference committee has made in the 
past 14 days, there is no legitimate reason we cannot meet that 
deadline. I know the chairman shares my view on that. Indeed, given the 
larger context in which we operate, I would submit that this Congress 
has a moral responsibility and obligation to enact election reform 
before we adjourn the 107th Congress.
  Mr. Speaker, over the last year, this country has committed vast 
resources to ridding the world of those who would employ the tools of 
terror to destroy systems of government that derive their legitimacy 
from the ballot box. In just the past few weeks, we in Congress have 
been challenged to contemplate the use of overwhelming military might 
to bring to heel one of the great despots of the past 50 years, a 
figure whose utter contempt for democracy and the people he rules is 
the only reason he has held power for so long.

                              {time}  2000

  As we consider such profound measures to extend democracy where it 
does not now exist and strengthen it where it is fragile, we have an 
urgent, moral responsibility to do the same at home. I urge adoption of 
this motion. I congratulate the chairman for his support of this motion 
and last week's motion to urge us to complete our work. This motion is 
timely. Passage is late, but it is never too late to do the right 
thing.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to 
the gentlewoman from Florida (Ms. Brown).
  Ms. BROWN of Florida. Mr. Speaker, today, September 24, I stand 
before this body in our Nation's Capitol, nearly 2 years after the 
Supreme Court selected the President of the United States. To this day 
nothing has been done, while the American people wait and wait. No new 
laws have been signed. No agreements have been reached to correct the 
2000 election problems.
  In fact, the Bush administration clearly shows that election reform 
is not a part of their agenda. Immediately after the 2000 election, the 
only legislative item that was brought up has been tax cuts, tax cuts, 
tax cuts. It does matter who is in charge. I heard one of the committee 
chairmen on television discussing Congress giving war powers to the 
President, and he said over and over again, over and over again, the 
President is the only person that is elected by all of the people.
  Time out. Did I miss something? Over 500,000 Americans voted for Al 
Gore. Al Gore, not George W. Bush. The Supreme Court decided on a 5-4 
decision that George W. Bush would be the President, and to date 
nothing has been done to correct it.
  Let me tell Members about Florida. With 16 million people, Florida 
spent just $32 million for election reform efforts. Just to the north 
of us, Georgia, with 8 million, spent $54 million. In an effort to 
distract the American public from issues like election reform, health 
care and prescription drug coverage, which was promised to our seniors, 
in the middle of a mid-term election we are distracted by a war. I 
think the American people need to weigh in; and if we want to take the 
questions about the election out, then we need to pass a bill and move 
forward with election reform.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to 
the gentlewoman from Florida (Mrs. Meek).
  Mrs. MEEK of Florida. Mr. Speaker, I thank the gentlewoman for 
yielding me this time, the chairman of the Congressional Black Caucus.
  Mr. Speaker, I rise in strong support of the motion to instruct the 
election reform conferees to produce a conference report and produce it 
as soon as possible. Election reform is long overdue. We continually 
come to this podium and stress the importance of election reform, but 
no one seems to be listening. That is, those people who are in the 
leadership are not listening. If they were, election reform would have 
come to the floor many, many months ago.
  How many more voting catastrophes like the week before last in 
Florida will be required for this Congress to get the message that our 
people need real election reform, and they need it now? I am just 
wondering how many more catastrophes must happen.
  I do not have enough time to detail all of the many problems that are 
wrong with elections in this country, not only in south Florida, but 
manifested much more strongly in south Florida. I have read the same 
newspaper and magazine accounts that other Members have read, 
suggesting that election reform conferees have not yet been able to 
work out their differences. I do not see why there should be so many 
differences in a right that the Constitution gives each of us. It is 
perplexing to me, and it appears that election reform may be dead for 
this particular session just because of this kind of treatment.
  This outcome is absolutely unacceptable. It is unacceptable to the 
people of the United States of America that we as a Congress cannot 
pass an election reform bill. We can send it to the President for his 
signature before this session ends. That is extremely important, Mr. 
Speaker. The voting of the last 2 weeks revealed the many problems that 
plagued the 2000 Presidential election. Why does it take so long to get 
the idea? So we are back again. It is a nightmare.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to 
the gentlewoman from Texas (Ms. Jackson-Lee).
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, let me add my appreciation to 
the conferees on the House side, and particularly the gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for the 
diligent work that they have offered. Let me also acknowledge and give 
appreciation to the gentlewoman from Texas (Ms. Eddie Bernice Johnson), 
the Chair of the Congressional Black Caucus, and someone who has 
captured the essence of the vitality of this legislation by pushing and 
encouraging its passage.
  I rise to support this motion to instruct, particularly on the basis 
of the hard work of the gentlewoman from Florida (Ms. Brown) and the 
gentlewoman from Florida (Mrs. Meek) and the gentleman from Florida 
(Mr. Hastings), as well as the Democratic Task Force which I had an 
opportunity to participate in. I say that because we have seen around 
the country in every place that we have gone hearings that have 
indicated the great need for election reform.
  The work that was done in the Committee on the Judiciary, of which I 
am

[[Page H6685]]

a member, headed by the legislative initiative of the gentleman from 
Michigan (Mr. Conyers), the ranking member, captured the ailments, the 
illness of the election system and tried to put together a legislative 
initiative that was encompassing, that was embracing, that answered the 
questions about the many horror stories we heard in November 2000: 
individuals turned away; intimidation at the polls; people who 
registered to vote and yet were turned away. It is imperative before we 
go into the Federal elections that we come together in a consensus and 
pass election reform.
  I do feel that the House conferees have been working together in 
moving toward final passage, and I believe the other body has the same 
amount of focus. It is now time to set a time frame for us and not let 
this legislation die in this session. I do not believe anyone desires 
it to do so. I believe the American people want to see election reform.
  Mr. Speaker, after 9-11 when we have all recommitted ourselves to the 
values of this Nation, the values of democracy and freedom and equality 
and the right to speak one's mind, it would be a tribute to again 
reinforce our values by passing such a legislative initiative as 
election reform.
  Mr. NEY. Mr. Speaker, who has the right to close?
  The SPEAKER pro tempore (Mr. Putnam). The gentlewoman from Texas (Ms. 
Eddie Bernice Johnson) has the right to close.
  Mr. NEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, this is an important motion to instruct. I appreciate 
the gentlewoman from Texas (Ms. Eddie Bernice Johnson) for her insight 
and her input into this process. All of the speakers that participated 
tonight have added greatly to the process. This is an important 
measure. America needs it, and I appreciate this motion to instruct 
because it will give us an additional push and say this is the sense of 
the House. I urge all of my colleagues on this side of the aisle to 
support the motion to instruct.
  Mr. Speaker, I yield back the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, we have heard some powerful words this evening from my 
colleagues on how important it is that Congress pass election reform 
legislation, and pass it quickly. Although it will not affect the 
November elections, they are approaching and there simply is no time to 
waste.
  As we all know, the most fundamental issue facing all of us during 
this Congress is restoring the public's faith in democracy. To restore 
that faith in democracy, we must make sure that every vote cast is 
counted. We have said repeatedly that we have been attacked because of 
the jealously of our freedom. We must make that freedom real, and the 
only way we can do that is to make sure that every vote cast is counted 
and is cast without intimidation.
  The legislation we have passed will take important steps toward 
protecting the sacred right to vote. It is time that we take action. 
House and Senate conferees have come so close to a compromise on H.R. 
3295 and now they must finish the job. I call upon members of the 
conference committee to reach agreement before October 1 and submit the 
legislation to us for final passage. I am in strong support of this 
motion to instruct.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the motion to 
instruct has expired.
  Without objection, the previous question is ordered on the motion to 
instruct.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________