[Congressional Record Volume 148, Number 133 (Thursday, October 10, 2002)]
[House]
[Pages H7836-H7854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT ON H.R. 3295, HELP AMERICA VOTE ACT OF 2002
Mr. NEY. Mr. Speaker, pursuant to the order of the House of October
9, 2002, I call up the conference report on the bill (H.R. 3295) to
establish a program to provide funds to States to replace punch card
voting systems, to establish the Election Assistance Commission to
assist in the administration of Federal elections and to otherwise
provide assistance with the administration of certain Federal election
laws and programs, to establish minimum election administration
standards for States and units of local government with responsibility
for the administration of Federal elections, and for other purposes.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to the order of House of Wednesday,
October 9, 2002, the conference report is considered as having been
read.
(For conference report and statement, see proceedings of the House of
October 8, 2002, at page H 7247.)
The SPEAKER pro tempore. The gentleman from Ohio (Mr. Ney) and the
gentleman from Maryland (Mr. Hoyer) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Ney).
General Leave
Mr. NEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 3295.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this has been a long, winding process that is about to
conclude tonight, in what I think is going to be known as one of the
most important votes that any Member of this body can cast, not only
for this session but for the future, for decades to come, of the future
of the voting process for the citizens of the United States.
[[Page H7837]]
I am pleased to present to the House the conference report for H.R.
3295, the Help America Vote Act of 2002. This legislation will have a
profound and positive impact on the way we conduct Federal elections in
this country. At the heart of the bill are some fundamental principles:
One, that every eligible citizen shall have the right to vote.
Two, that no legal vote will be canceled by an illegal vote.
Three, that every vote will be counted equally and fairly, according
to the law.
When this legislation goes into effect, the voting citizens in this
country will have the right to a provisional ballot, so no voter will
be turned away from a polling place, no voter will be disenfranchised,
just because their name does not appear on a registration list.
Henceforth, instead of simply being told to go home, the voters will
be able to cast a provisional ballot which will be counted according to
State law.
Voters will now also be able to have the opportunity to check for
errors and verify the accuracy of their ballot in privacy before it is
cast. No more will voters have to wonder if their vote was properly
recorded or not. By guaranteeing them the right to verify the accuracy
of their ballot in privacy, voters will be able to leave the polling
place confident and certain that their vote was cast and counted in
complete secrecy as they intended it to be.
This bill contains tremendous advances for individuals with
disabilities. This legislation requires that every polling place in the
country have at least one voting system that is accessible to the
disabled, meaning individuals with disabilities, including the blind
and visually impaired. They will now have the right to cast a secret
and secure ballot in the same manner as all other Americans do.
No longer will individuals with disabilities have to rely on an
assistant, or compromise the secrecy of their ballot. They will be able
to vote in a private and independent manner, the same way all their
fellow citizens do, many for the first time in their lives.
The legislation establishes a maximum error rate for voting system
performance. This error rate is a measure of the performance of voting
system prototypes under laboratory conditions to determine that the
system counts votes accurately in accordance with national standards
stands in Section 3.2.1 of the Voting System Standards adopted by the
FEC.
I will include Section 3.2.1. for the record.
At the heart of our elections system is the process of how we
maintain our records on who is eligible to vote. Currently, thousands
of election jurisdictions across the country manage these records
independently. Some employ the latest technologies and database
management techniques to ensure accuracy and reliability. Others need
improvement.
This bill will require each State to develop a Statewide registration
system. These systems will modernize, centralize and improve current
methods for ensuring the accuracy of registration lists.
The current system in many States creates inefficiencies and
duplications, as voters often move from one jurisdiction to another
within a State without notifying the jurisdiction that they used to
live in before they made the move. The result is that a single
individual may appear on more than one registration list in a State.
These Statewide systems will make it possible for States to more
effectively maintain voter registration information, as they should.
States will have more accurate systems to protect voters from being
mistakenly removed from the list, while ensuring that costly duplicates
that invite voter fraud are quickly removed.
The lists maintained by the State will be the official list used to
determine who is registered to vote on Election Day. Uniformity and
integrity in the system will be assured as local election jurisdictions
will no longer be able to maintain separate lists.
This bill contains important new guarantees for military and overseas
voters. Military voters will be guaranteed assistance and information
that they need from the Department of Defense so they can complete and
return their ballots on time. The military is required to mark all
ballots so it can be determined when they were mailed, so no valid
military ballot will be rejected for lack of a postmark. All enlistees
will receive a voter registration form upon enlistment. We all know how
important that is for those who are serving their country and laying
their lives on the line.
State election officials must establish a single office where
military and overseas voters can get information on how to vote in that
State. For the first time, they will be required to accept ballots
mailed early from military personnel whose duties, for example, on a
submarine, may prevent them from mailing ballots on a date close to the
election. For the first time, we will have a report on the number of
applications received and absentee ballots sent out to military and
overseas voters, together with the number of those ballots that have
been returned. Studies of these numbers may help us determine how to
future improve participation and turnout among those voters.
Our election system is dependent on tens of thousands of election
officials and 1.5 million volunteer poll workers in over 7,000
jurisdictions serving over 150 million voters across this great
country. In the general election for Federal office, all of these
people come together during a 24-hour period to chose our leaders. It
is an incredibly complicated process that must be choreographed
precisely to ensure its success. This means that education and training
is critical to the success of our elections system. This legislation
provides needed funds to complete that task across the United States.
A provision in this package that has been the subject, frankly, of
some controversy is the voter ID provision that was included in the
Senate-passed bill and is included in this conference report.
I want to emphasize this provision does not require voters to present
an actual photo ID. In recognition of the fact that some citizens do
not have such an ID, the bill allows a voter a number of options to
identify themselves, including a bank statement, utility bill or
government check. The provision applies only to first-time voters who
register by mail. Language has been added to ensure it will be
administered in a uniform and non-discriminatory manner, Mr. Speaker.
The voter ID provision is very important and will go a long way
toward enhancing the integrity of our election process. People should
not be permitted to register by mail and then vote by mail without ever
having to demonstrate in some fashion they are the actual human being
who is eligible to vote. I think this is at least the minimal we can
ask.
This provision will help to end the practice of ghost voting, whereby
people who do not exist are miraculously somehow able to vote. We
should all keep in mind that a person whose vote is canceled out by an
illegal vote has been disenfranchised every bit as much as an
individual who has simply also been turned away from the polls. In
either case, that is not the correct thing to do. This ID provision
will protect against fraud of this type, and I am glad the conference
saw fit to include it in the package.
Mr. Speaker, the election that took place in November of 2000
demonstrated there are serious problems in our election system. While
the initial attention was focused on Florida, we have all learned over
the past 2 years that the problems encountered were not unique but in
fact were widespread. We just simply did not know it because there was
not an election of the magnitude of the presidential that brought all
of this to light through the national media.
While the problems varied from State to State, one common problem was
a failure to devote sufficient resources to election infrastructure.
Not surprising, when State and local officials are faced with the
decision of how to spend their limited resources and have to choose
between things citizens use every day, like roads and schools, or spend
it on equipment that might get used only a couple of times a year, like
election equipment, the latter has often come up short; and this bill
will help to solve that.
This lack of resources has left States with old and unreliable voting
equipment, inadequate training and education of voters and poll workers
and, frankly, poor registration systems.
[[Page H7838]]
{time} 2045
While State and local governments have been charged with the
responsibility of running elections for Federal office, they have
simply received no assistance from the Federal Government. This bill
changes that.
It is time for the Federal Government to provide some funding to make
sure that the world's greatest democracy has an election system it can
have pride and confidence in. And remember, when we take our thoughts
of democracy across the waters and we try to monitor elections, we have
to have our own house in order so that we have the confidence that
other countries will see that our system is the best it can be.
The Help America Vote Act will provide Federal financial assistance
to the tune of $3.9 billion in authorized funding over the next 3
years. We can no longer ask State and local governments to bear all of
the expense without any assistance from us.
I would also note that according to figures from the Congressional
Research Service and the State Department, the United States has spent
more than $3 billion over the past 7 years to promote democracy abroad.
I support that; I think we need to be promoting democracy in other
countries. I just believe we need to start spending some Federal
dollars to bolster our own democracy here at home.
I would also note that meeting the requirements of this act will not
be cheap. If we want and expect State and local governments to meet the
requirements we are imposing on them, we will have to provide the
funding that will make it possible for them to do so. If we do not, we
have done nothing more than pass another unfunded mandate to the
States, and we do not want to do that. This bill will cause States and
localities to fundamentally restructure their election systems in a
host of tremendous ways. We need to provide the funding to make sure
that happens.
In addition to the funding it provides, the bill will assist the
States with their election administration problems by creating a new
Federal election assistance commission. This independent, bipartisan
entity will be responsible for providing advice, guidance, and
assistance to the States. It will act as a clearinghouse for
information and make recommendations on best practices.
I want to stress that the name of the commission, the Election
Assistance Commission, is not an accident. The commission's purpose is
to assist States with solving their problems. It is not meant and does
not have the power to dictate to States how to run their elections.
This will not be a bill where Washington, D.C. turns around and says,
this is the way you do it. It will not have rulemaking authority. The
fundamental premise of the legislation on the commission was to have no
rulemaking authority, and it cannot impose its will on the States; but
I have to tell my colleagues, it has a heart to this commission, and it
has the ability to make changes.
This commission was an important point the gentleman from Maryland
(Mr. Hoyer) and I talked about when we devised the Ney-Hoyer bill,
because we wanted to make sure it worked for local governments and we
wanted to make sure that this would be carried out.
Historically, elections in this country have been administered at the
State and local level. This system has had many benefits that have to
be preserved. The dispersal responsibility for election administration
has made it impossible for a single centrally controlled authority to
dictate how elections will be run and thereby be able to control the
outcome. This leaves the power of responsibility for running elections
right where it needs to be: in the hands of the citizens of this
country. Local control has the further added benefits of allowing for
flexibility so that local authorities can tailor their procedures to
meet demands and unique community needs.
Further, by leaving the responsibility for election administration in
the hands of local authorities, if a problem arises, the citizens who
live within their jurisdictions know whom to hold accountable. The
local authorities who bear the responsibility cannot now and not in the
future be able to point the finger of blame at some distant,
unaccountable, centralized bureaucracy.
By necessity, elections must occur at the State and local level. One-
size-fits-all solutions do not work and only lead to inefficiencies.
States and locales must retain the power and the flexibility to tailor
solutions to their own unique problems. This legislation will pose
certain basic requirements that all jurisdictions will have to meet,
but they will retain the flexibility to meet the requirements in the
most effective manner.
State and local officials from every State in America will have a
voice on this commission. While the commissioners will have expertise
and experience with election issues and administration, they can still
benefit from the advice and council of those who are on the ground,
running elections around this country. State and local election
officials in each State will ultimately bear the responsibility for
carrying out the commission's recommendations so their voices must be
heard as these guidelines and recommendations and best practices are
developed.
The Help America Vote Act strikes the appropriate balance between
local and Federal involvement. It provides for Federal assistance,
acknowledging the responsibility we share to ensure that the elections
that send all of us to Washington are conducted properly, without
concentrating power in Washington in a manner that will prove at best
ineffective, and at worst dangerous.
This conference report has received the support of a very diverse
group of organizations that care about how elections are run in this
country. I would like to introduce into the Record the statements of
support from the following organizations: the National Commission on
Federal Election Reform (Ford-Carter Commission), National Conference
of State Legislatures, National Association of Secretaries of State,
National Association of Counties, The Election Center, National
Federation of the Blind, Common Cause, National Association of State
Election Directors, United Auto Workers, AFL-CIO, NAACP, American
Foundation for the Blind, National Association of Protection Advocacy
Systems, and United Cerebral Palsy Association.
Mr. Speaker, let me also say that I have presented the thrust of the
bill, I have presented the heart of the bill. We have a couple of
speakers, and then I am going to conclude by also telling how this bill
got here.
[Media release from the National Commission on Federal Election Reform]
Former Presidents Ford and Carter Welcome the Agreement Reached by the
Congress on Election Reform Legislation
Oct. 4, 2002.--Today, former Presidents Gerald R. Ford and
Jimmy Carter, along with Lloyd Cutler and Bob Michel, co-
chairs of the National Commission on Federal Election Reform,
welcomed the bipartisan agreement struck by the House and
Senate Conference Committee on a bill to reform federal
elections.
``The bill represents a delicate balance of shared
responsibilities between levels of government,'' Ford and
Carter said. ``This comprehensive bill can ensure that
America's electoral system will again be a source of national
pride and a model to all the world.'' Indeed, all four of the
co-chairs share the belief of Congressman John Lewis (D-GA)
and others that, if passed by both Houses and signed by
President Bush, this legislation can provide the most
meaningful improvements in voting safeguards since the civil
rights laws of the 1960s.
For more information on the National Commission on Federal
Election Reform, please contact Ryan Coonerty at 202-321-8862
or Margaret Edwards at 434-466-3587.
____
National Conference
of State Legislatures,
Washington, DC, October 7, 2002.
Hon. Robert Byrd,
Chairman, Senate Appropriations Committee, Capitol Building,
Washington, DC.
Hon. Bill Young,
Chairman, House Appropriations Committee, Capitol Building,
Washington, DC.
Dear Chairmen Byrd and Young: On behalf of the nation's
state legislators, we urge to make reform of our nation's
election processes a reality by providing sufficient funding
to implement H.R. 3295. The conference agreement announced
today will provide an effective means for states and counties
to update their election processes without federalizing
election administration. NCSL worked closely with the
conferees in the development of this legislation and is
satisfied that it keeps election administration at the state
and local level, limits the role of the U.S. Justice
Department to enforcement, does not create a federal private
right of action, and establishes an advisory commission that
will include two state legislators
[[Page H7839]]
to assist with implementation. NCSL commends the conferees
for their work on this landmark legislation and is committed
to implementing the provisions of H.R. 3295 to ensure every
voter's right to a fair and accurate election.
To ensure proper implementation and avoid imposing
expensive unfunded mandates on the states, it is critical
that the federal government immediately deliver sufficient
funding for states to implement the requirements of this
bill. Neither of the existing versions of appropriations
legislation provides sufficient funding for election reform.
We urge you to fully fund H.R. 3295 at the authorized level
of $2.16 billion for FY 2003.
The Congressional Budget Office has estimated that it may
cost states up to $3.19 billion in one-time costs to begin
implementing the provisions of this legislation. In this
current fiscal environment, it will be extraordinarily
difficult for states to implement the minimum standards in
the bill without immediate federal financial support. States
are already facing budget shortfalls for FY 2003 of
approximately $58 billion. Thirteen states have reported
budget gaps in excess of 10 percent of their general fund
budgets. To satisfy their balanced budget requirements,
states are being forced to draw down their reserves, cut
budgets, and even raise taxes.
We look forward to working with you to keep the commitment
of the states and the federal government to implementing H.R.
3295. If we can be of assistance in this or any other matter,
please contact Susan Parnas Frederick (202-624-3566;
[email protected]) or Alysoun McLaughlin (202-624-
8691; [email protected]) in NCSL's state-federal
relations office in Washington, D.C.
Sincerely,
Senator Angela Z. Monson, Oklahoma,
President, NSCL.
Speaker, Martin R. Stephens, Utah,
President-elect, NCSI.
____
National Association
of Secretaries of State,
Washington, DC, October 9, 2002.
Committee on House Administration,
Longworth Building,
Washington, DC.
Dear Chairman Ney and Ranking Member Hoyer: The National
Association of Secretaries of State (NASS) congratulates you
on the completion of H.R. 3295, the ``Help America Vote
Act.'' The bill is a landmark piece of bipartisan
legislation, and we want to express our sincere thanks for
your leadership during the conference negotiations. We also
commend your Senate colleagues: Senators Chris Dodd, Mitch
McConnell and Kit Bond.
The nation's secretaries of state, particularly those who
serve as chief state election officials, consider this bill
an opportunity to reinvigorate the election reform process.
The ``Help America Vote Act'' serves as a federal response
that stretches across party lines and provides a substantial
infusion of federal money to help purchase new voting
equipment and improve the legal, administrative and
educational aspects of elections. In fact, our association
endorsed the original draft of H.R. 3295 in November 2001.
Specifically, the National Association of State (NASS) is
confident that passage of the final version of H.R. 3295 will
authorize significant funding to help states achieve the
following reforms:
Upgrades to, or replacement of, voting equipment and
related technology;
Creation of statewide voter registration databases to
manage and update voter registration rolls;
Improvement of poll worker training programs and new
resources to recruit more poll workers throughout the states;
Increases in the quality and scope of voter education
programs in the states and localities;
Improvement of ballot review procedures, whereby voters
would be allowed to review ballots and correct errors before
casting their votes;
Improved access for voters with physical disabilities, who
will be allowed to vote privately and independently for the
first time in many states and localities;
Creation of provisional ballots for voters who are not
listed on registration rolls, but claim to be registered and
qualified to vote.
We want to make sure the states will get the funding levels
they've been promised, and that Congress will provide
adequate time to enact the most substantial reforms. Please
be assured that the nation's secretaries of state are ready
to move forward once Congress passes H.R. 3295 and the
President signs it.
If we can be of further assistance to you, your staff
members, or your colleagues in the U.S. House of
Representatives, please contact our office at (202) 624-3525.
Best regards,
Dan Gwadosky,
NASS President,
Maine Secretary of State.
____
National Association of Counties,
Washington, DC, October 9, 2002.
Hon. Bob Ney,
Chairman, House Administration Committee, House of
Representatives, Longworth House Office Building,
Washington, DC.
Hon. Steny Hoyer,
Ranking Democrat, House Administration Committee, House of
Representatives, Longworth House Office Building,
Washington, DC.
Dear Chairman Ney and Representative Hoyer: We would like
to congratulate you and thank you for your leadership,
perseverance and hard work in reaching agreement in the
House-Senate conference on the ``Help America Vote Act of
2002.'' We believe the final bill is a balanced approach to
reforming election laws and practices and to providing
resources to help counties and states in improving and
upgrading voting equipment. The National Association of
Counties supports H.R. 3295 as it was approved by the House-
Senate conference Committee.
We are very concerned about Congress providing the funds to
implement the new law. While there is much confusion at this
time about the appropriation process for FY2003, we strongly
urge the leadership of the House and Senate and President
Bush to support inclusion of $2.16 billion in a continuing
resolution. This is the amount authorized for FY2003 by the
``Help America Vote Act.'' We believe that funding and
improving voting practices in the United States is as
important as our efforts to strengthen homeland security.
Thank you again for your continuing efforts to fund and
implement this new law.
Sincerely,
Larry E. Naake,
Executive Director.
____
Election Center,
Houston, TX, October 8, 2002.
Hon. Robert Ney,
Hon. Steny Hoyer,
Hon. Christopher Dodd,
Hon. Mitch McConnell,
House Administration Committee and Senate Rules Committee,
Washington, DC.
Congressmen Ney and Hoyer and Senators Dodd and McConnell:
On behalf of the elections community of America, I want to
congratulate each of you for accomplishing what grizzled
veterans said could not be done: you have produced bi-
partisan legislation that will help America cure the worst of
the problems discovered in Election 2000.
The Election Center neither supports nor opposes
legislation--our members nationwide will do that on their
own--but we can state what we believe the impact of the
legislation will do for American elections.
This bill is not perfect. Few pieces of legislation that
deal with complex issues are. And I know that there have been
public comments from some quarters that they dislike
provisions contained in the legislation. I hope that we all
can remember that agreements between the two parties are hard
to satisfy when we talk about something as fundamental as the
democratic process.
As leaders of the committees of jurisdiction in the U.S.
House and the U.S. Senate you have fashioned legislation
which does, however, address many of the serious problems
discovered in Election 2000. You have found methods which
reach and solve many of the real problems and provides a role
for each level of government. Real progress is offered in
your legislation in assuring Americans that they will be able
to go exercise their right to vote and have those votes
counted.
Finding the right balance of voter protections, integrity
of the process, and yet not upsetting the ability of states
and local governments to maintain responsibility for this
process has not been an easy task. You have managed to reach
consensus that protects the rights of minorities, extends new
services to the blind and disabled, to military and overseas
voters, and allows the states to help rebuild the
infrastructure of elections. The months of delay waiting on
bi-partisan legislation have developed a true compromise
bill. While perfection may not have been reached, it is a
good compromise for our democracy.
Congratulations on a job well done. This is responsible
legislation.
Sincerely,
R. Doug Lewis,
Executive Director.
____
National Federation
of the Blind,
Baltimore, MD, October 9, 2002.
Hon. Robert Ney,
Chairman,
Hon. Steny H. Hoyer,
Ranking Minority Member,
Committee on House Administration, House of Representatives,
Washington, DC
Dear Mr. Chairman and Congressman Hoyer: I am writing to
express the strong support of the National Federation of the
Blind (NFB) for the Help America Vote Act of 2002. Thanks to
your efforts and strong bipartisan support, this legislation
includes provisions designed to guarantee that all blind
persons will have equal access to voting procedures and
technology. We particularly endorse the standard set for
blind people to be able to vote privately and independently
at each polling place throughout the United States.
While the 2000 election demonstrated significant problems
with our electoral system, consensus regarding the solution
proved to be much more difficult to find. Part of that
solution will now include installation of up-to-date
technology for voting throughout the United States. This
means that voting technology will change, and devices
purchased now will set the pattern for decades to come.
With more than 50,000 members representing every state, the
District of Columbia, and Puerto Rico, the NFB is the largest
organization of blind people in the United States. As such we
know about blindness
[[Page H7840]]
from our own experience. The right to vote and cast a truly
secret ballot is one of our highest priorities, and modern
technology can now support this goal. For that reason, we
strongly support the Help America Vote Act of 2002 and
appreciate your efforts to enact this legislation.
Sincerely,
James Gashel,
Director of Governmental Affairs.
____
Common Cause President Praises Election Reform Agreement
Statement by Scott Harshbarger, president and chief
executive officer of Common Cause, on the conference
agreement on the election reform bill:
``The Help America Vote Act of 2002 is, as Senator
Christopher Dodd (D-CT) has said, the first major piece of
civil rights legislation in the 21st century. Nearly two
years after we all learned that our system of voting had
serious flaws, Congress will pass these unprecedented
reforms.
``For the first time, the federal government has set high
standards for state election officials to follow, while
authorizing grants to help them comply. Billions of dollars
will be spent to across the country improve election systems.
``This bill, while not perfect, will make those systems
better. Registration lists will be more accurate. Voting
machines will be modernized. Provisional ballots will be
given to voters who encounter problems at the polling place.
Students will be trained as poll workers.
``As Common Cause knows from a seven-year fight to pass
campaign finance reform, compromise often comes slowly. We
thank the bill's sponsors, Senators Dodd, Mitch McConnell (R-
KY), Christopher Bond (R-MO), and Representatives Robert Ney
(R-OH) and Steny Hoyer (D-MD) for their work. Their
persistence--even when negotiations bogged down--brought this
bill through.
``After the President signs this bill, states will need to
act. Implementing this bill will require state legislatures
to change laws, election officials to adopt new practices,
polling places to alter their procedures, and poll workers to
be retrained.
``These far-reaching changes will not come easily. The
bill's enforcement provisions are not as strong as the 1993
Motor Voter law or the 1965 Voter Rights Act. Some states may
lag behind and fail to implement these changes properly; some
polling places will experience problems like in Florida this
year; others may have problems implementing the new
identification provisions.
``Common Cause and our state chapters will work with civil
rights groups and others to ensure that states fully and
fairly implement the new requirements. We will help serve as
the voters' watchdogs: citizen vigilance can protect voters
from non-compliant states.
``Voters can now look forward to marked improvements at the
polls in the years ahead, thanks to the bipartisan leadership
of the bill's sponsors.''
____
National Association of
State Election Directors,
October 10, 2002.
Hon. Bob Ney,
Hon. Steny Hoyer,
House Administration Committee, Longworth House Office
Building, Washington, DC.
Dear Congressmen Ney and Hoyer: The National Association of
State Election Directors (NASED) congratulates you on the
successful completion of the final conference report on H.R.
3295. This initiative will significantly affect the manner in
which elections are conducted in the United States. On
balance, H.R. 3295 represents improvements to the
administration of elections. As administrators of elections
in each state we express our appreciation to you and your
staff for providing us access to the process and reaching out
to seek our views and positions on how to efficiently and
effectively administer elections.
As with all election legislation, H.R. 3295 is a compromise
package, which places new challenges and opportunities before
state and local election officials. We stand ready to
implement H.R. 3295 once it is passed by Congress and signed
into law by the President. Implementation of this bill will
be impossible without the full $3.9 billion appropriation
that is authorized. The success of this bold congressional
initiative rests in large measure upon the appropriation of
sufficient funds to bring the bill's objectives to reality.
We found the bipartisan approach to this legislation
refreshing and beneficial. Thank you again for including
NASED in the congressional consideration of the bill.
If we can be of further assistance, please contact our
office at (202) 624-5460.
Sincerely,
Brook Thompson,
President.
____
International Union, United Automobile, Aerospace &
Agricultural Implement Workers of America,
Washington, DC, October 8, 2002.
Dear Senator Dodd: This week the Senate may take up the
conference report on the election reform legislation (H.R.
3295, the Help America Vote Act). The UAW supports this
important legislation and urges you to vote for this
conference report.
In our judgment, the conference report on H.R. 3295 will
make significant improvements in our nation's election
system. In particular, this legislation will require the
states to allow registered individuals to cast provisional
ballots if their names are mistakenly excluded from voter
registration lists at their polling places. It also requires
the states to ensure that voting machines allow voters to
verify and correct their votes before casting them. And it
requires the states to develop centralized, statewide voter
registration lists to ensure the accuracy of their voter
registration records. The legislation authorizes substantial
new federal funding to help the states implement these
reforms.
The UAW urges Congress to closely monitor progress by the
states and federal government in implementing the provisions
of this legislation. We believe it is especially important to
make sure that the voter identification requirements are not
implemented in a manner that disenfranchises or discriminates
against any group of voters.
Thank you for considering our views on this important
legislation to reform our nation's election system.
Sincerely,
Alan Reuther,
Legislative Director.
____
American Federation of Labor and Congress of Industrial
Organizations,
Washington, DC, October 8, 2002.
Dear Senator: The AFL-CIO supports the conference report on
H.R. 3295, the Help America Vote Act.
This conference report will help improve our nation's
election system in several important ways. It will allow
registered individuals to cast provisional ballots even if
their names are mistakenly excluded from voter registration
lists at their polling places. It will require states to
develop centralized, statewide voter registration lists to
ensure the accuracy of their voter registration records. It
will also require states to provide at least one voting
machine per polling place that is accessible to the disabled
and ensure that their voting machines allow voters to verify
and correct their votes before casting them.
Since the actual number of individuals enfranchised or
disenfranchised by the conference report on H.R. 3295 will
depend on how the states and the federal government implement
its provisions, the AFL-CIO will closely monitor the progress
of this new law--especially its voter identification
requirements. We will also increase our voter education
efforts to ensure that individuals know and understand their
new rights and responsibilities.
Sincerely,
William Samuel,
Director,
Department of Legislation.
____
National Association for the
Advancement of Colored People,
Washington, DC, October 8, 2002.
Re conference report to H.R. 3295, the Help America Vote Act
(election reform).
Dear Senators: The National Association for the Advancement
of Colored People (NAACP), our Nation's oldest, largest and
most widely-recognized grassroots civil rights organization
supports the conference report on H.R. 3295, the Help America
Vote Act and we urge you to work quickly towards its
enactment.
Since its inception over 90 years ago the NAACP has fought,
and many of our members have died, to ensure that every
American is allowed to cast a free and unfettered vote and to
have that vote counted. Thus, election reform has been one of
our top legislative priorities for the 107th Congress and we
have worked very closely with members from both houses to
ensure that the final product is as comprehensive and as
nondiscriminatory as possible.
Thus we are pleased that the final product contains many of
the elements that we saw as essential to addressing several
of the flaws in our Nation's electoral system. Specifically,
the NAACP strongly supports the provisions requiring
provisional ballots and statewide voter registration lists,
as well as those ensuring that each polling place have at
least one voting machine that is accessible to the disabled
and ensuring that the voting machines allow voters to verify
and correct their votes before casting them.
The NAACP recognizes that the actual effectiveness of the
final version of H.R. 3295 will depend upon how the states
and the federal government implement the provisions contained
in the new law. Thus, the NAACP intends to remain vigilant
and review the progress of this new law at the local and
state levels and make sure that no provision, especially the
voter identification requirements, are being abused to
disenfranchise eligible voters.
Again, on behalf of the NAACP and our more than 500,000
members nation-wide, I urge you to support the swift
enactment of the conference report on H.R. 3295, the Help
America Vote Act. Thank you in advance for your attention to
this matter; if you have any questions or comments I hope
that you will feel free to contact me at (202) 638-2269.
Sincerely,
Hilary O. Shelton,
Director.
[[Page H7841]]
____
American Foundation
for the Blind,
Washington, DC, October 2, 2002.
Hon. Christopher Dodd,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Dodd: The American Foundation for the Blind
supports the conference report for S. 565 and H.R. 3295. We
are pleased that the conference report contains the
disability provisions of the Senate bill.
Already this year, in some jurisdictions, blind and
visually impaired voters have, for the first time, been able
to cast a secret and independent ballot. We look forward to
the day when all voters with visual impairments will have
full and independent access to the electoral process.
The mission of the American Foundation for the Blind (AFB)
is to enable people who are blind or visually impaired to
achieve equality of access and opportunity that will ensure
freedom of choice in their lives. AFB led the field of
blindness in advocating the enactment of the Americans with
Disabilities Act of 1990 (ADA). Today, AFB continues its work
to protect the rights of blind and visually impaired people
to equal access to employment, information, and the programs
and services of state and local government.
Sincerely,
Paul W. Schroeder,
Vice President,
Governmental Relations.
____
United Cerebral
Palsy Associations,
Washington, DC, October 9, 2002.
Dear Senator Dodd: United Cerebral Palsy Association and
affiliates support the conference report on H.R. 3295, the
Help America Vote Act. We also take this opportunity to
commend you for the work you did to ensure that all people
with disabilities have equal access under this act.
This legislation, while not perfect, will go a long way in
improving the ability of people with disabilities to exercise
their constitutional right and responsibility to vote. The
funding allocated for the multiple provisions of H.R. 3295 is
critical, and we pledge to work with Congress to ensure that
this funding is made available.
UCP stands ready to assist states' and local entities as
they work toward compliance of this very important
legislation. The changes outlined in the bill must be adopted
swiftly, correctly and fairly, and it will be incumbent upon
us all to help in this process.
Finally, UCP applauds you and your colleagues on your
dogged determination to pass legislation that will make
distinct improvements at the polls and in the lives of voters
with disabilities.
Sincerely,
Patricia Sandusky,
Interim Executive Director.
____
National Association of
Protection & Advocacy Systems,
October 9, 2002.
Hon. Chris Dodd,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Dodd: The Protection and Advocacy System (P&A)
and the Client Assistance Programs (CAPs) comprised a
federally mandated, nationwide network of disability rights
agencies. Each year these agencies provide education,
information and referral services to hundreds of thousands of
people with disabilities and their families. They also
provide individual advocacy and/or legal representation to
tens of thousands of people in all the states and
territories. The National Association for Protection and
Advocacy Systems (NAPAS) is the membership organization for
the P&A network. In that capacity, NAPAS wants to offer its
support for the passage of ``The Help America Vote Act of
2002 (H.R. 3295).
NAPAS believes that the disability provisions in the bill
go far to ensure that people with all types of disabilities--
physical, mental, cognitive, or sensory--will have much
improved opportunities to exercise their right to vote. Not
only does this bill offer individuals with disabilities
better access to voting places and voting machines, but it
also will help provide election workers and others with the
skills to ensure that the voting place is a welcome
environment for people with disabilities. NAPAS is very
pleased that P&A network will play an active role in helping
implement the disability provisions in this bill.
NAPAS is well aware that there are still some concerns with
certain provisions of the bill. We hope that these concerns
can be worked out, if not immediately, then as the bill is
implemented. It would be extremely unfortunate if people
continued to face barriers to casting their ballot after this
bill is signed into law.
Finally, we want to thank the bill's sponsors, Senators
Dodd (D-CT) and McConnell (R-KY) and Representatives Ney (R-
OH) and Hoyer (D-MD) for their hard work and perseverance. We
look forward to working with each of them to ensure the swift
and effective implementation of this important legislation.
Sincerely,
Bernadette Franks-Ongoy,
President.
____
Federal Election Commission
voting system standards--section 3.2.1
3.2.1 Accuracy Requirements
Voting system accuracy addresses the accuracy of data for
each of the individual ballot positions that could be
selected by a voter, including the positions that are not
selected. For a voting system, accuracy is defined as the
ability of the system to capture, record, store, consolidate
and report the specific selections and absence of selections,
made by the voter for each ballot position without error.
Required accuracy is defined in terms of an error rate that
for testing purposes represents the maximum number of errors
allowed while processing a specified volume of data. This
rate is set at a sufficiently stringent level such that the
likelihood of voting system errors affecting the outcome of
an election is exceptionally remote even in the closest of
elections.
The error rate is defined using a convention that
recognizes differences in how vote data is processed by
different types of voting systems. Paper-based and DRE
systems have different processing steps. Some differences
also exist between precinct count and central count systems.
Therefore, the acceptable error rate applies separately and
distinctly to each of the following functions:
a. For all paper-based systems: (1) Scanning ballot
positions on paper ballots to detect selections for
individual candidates and contests; and (2) conversion of
selections detected on paper ballots into digital data.
b. For all DRE systems: (1) Recording the voter selections
of candidates and contests into voting data storage; and (2)
independently from voting data storage, recording voter
selections of candidates and contests into ballot image
storage.
c. For precinct-count systems (paper-based and DRE):
Consolidation of vote selection data from multiple precinct-
based systems to generate jurisdiction-wide vote counts,
including storage and reporting of the consolidated vote
data.
d. For central-count systems (paper-based and DRE):
Consolidation of vote selection data from multiple counting
devices to generate jurisdiction-wide vote counts, including
storage reporting of the consolidated vote data.
Fort testing purposes, the acceptable error rate is defined
using two parameters: the desired error rate to be achieved,
and the maximum error rate that should be accepted by the
test process.
For each processing function indicated above, the system
shall achieve a target error rate of no more than one in
10,000,000 ballot positions, with a maximum acceptable error
rate in the test process of one in 500,000 ballot positions.
Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield myself 3 minutes.
Twenty-three months ago, uncertainty gripped our great democracy. The
United States of America, the wealthiest and most technologically
advanced Nation in the world had failed, in my opinion, its most basic
election duty: the duty to count every citizen's vote and count it
accurately.
The votes of an estimated 4 million to 6 million Americans went
uncounted in November of 2000. This national disgrace cried out for
comprehensive Federal reform. Thus, I am proud today to strongly
support the historic, bipartisan conference report before us, the first
Civil Rights Act of the 21st century.
The Help America Vote Act of 2002 is the most comprehensive package
of voting reforms since enactment of the Voting Rights Act of 1965. The
conference report authorizes unprecedented Federal assistance: $3.9
billion over 3 years to help States improve and upgrade every aspect of
their election systems. This funding will replace outdated voting
equipment, train poll workers, educate voters, upgrade voter lists, and
make polling places accessible for the disabled.
Furthermore, this legislation prescribes an array of new voting
rights and responsibilities. States will now be required to provide
provisional balance to ensure no voter is turned away at the polls. It
requires that we give voters the opportunity to check for and correct
ballot errors. It provides at least one voting machine per precinct
that allows disabled voters, including those with visual impairments,
to vote privately and independently; and it provides for an
implementation of a computerized statewide voter registration database
to ensure accurate lists.
In addition, the conference report will require States to set
standards for counting ballots and to define what constitutes a vote.
To ensure the integrity of our election system, first-time voters who
register by mail will be required to produce some form of
identification and States will be obligated to maintain accurate voting
registration lists.
This legislation, Mr. Speaker, also establishes a bipartisan 4-member
elections assistance commission which will issue voluntary guidelines
regarding
[[Page H7842]]
voting systems, administer grants, and study election issues. To ensure
compliance, the conference report requires States to set up
administrative grievance procedures. The U.S. Department of Justice
will also be responsible for Federal enforcement.
Finally, let me remind my colleagues that passage of this conference
report does not finish the journey. We now have, in my opinion, Mr.
Speaker, a moral opportunity to ensure that this authorization is fully
funded. I urge my colleagues to support this conference report. It will
strengthen the foundation of democracy and shore up public confidence
in this most basic expression of American citizenship, the right to
vote and to have one's vote counted.
Mr. Speaker, I reserve the balance of my time.
Mr. NEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Ehlers).
Mr. EHLERS. Mr. Speaker, I rise to engage the chairman of the
Committee on House Administration and sponsor of this legislation in a
brief colloquy.
I commend the chairman's effort in crafting this important
legislation and bringing it before us today. In particular, I wish to
thank him and his staff for working so closely with me in incorporating
provisions of H.R. 2275, which I introduced with the gentleman from
Michigan (Mr. Barcia) and which was passed by the Committee on Science
last year. My legislation established an independent commission charged
with developing technical standards to ensure the usability, accuracy,
security, accessibility, and integrity of voting systems. This concept
is included in the conference report in section 221 in the form of the
Technical Guidelines Development Committee.
The conference report charges this committee with the duty of
developing voluntary voting system guidelines and then recommending
these technical standards to the newly created election assistance
commission.
I am seeking clarification from the chairman that it is his intent
that these guidelines should include standards to ensure the usability,
accuracy, security, accessibility, and integrity of voting systems,
including those areas described in section 221(e)(2).
Mr. Speaker, I yield to the gentleman from Ohio (Mr. Ney), the
chairman of the Committee on House Administration, to respond to this
request.
Mr. NEY. Mr. Speaker, the gentleman's interpretation of the language
in the conference agreement is correct.
Mr. EHLERS. Mr. Speaker, I thank the chairman for his assurance and
for his hard work on this conference report.
Mr. Speaker, reclaiming my time, I rise in support of the conference
agreement on H.R. 3295, the Help America Vote Act of 2002. I thank the
gentleman from Ohio (Mr. Ney), the chairman, and the gentleman from
Maryland (Mr. Hoyer), the ranking member, for their hard work on this.
We have all worked very hard to produce this bill, but their leadership
is what pulled it through.
For a month after the November 2000 election, we watched in disbelief
as Florida's troubled election system became a national drama and
fodder for the late-night talk shows. Polling station workers across
Florida struggled to discern the true intent of a voter based on their
interpretation of the now-infamous hanging chad. Because of Florida's
problems, the most precious component of our democracy, the expression
of the free will of individual voters, was turned into a battle between
attorneys. After the dust settled, we put Florida's voting system under
a microscope and analyzed the flaws that troubled citizens and
legislators alike.
After the Florida voting problems occurred, I, as a scientist,
quickly realized that we needed to improve the technical flaws in our
voting systems before State and local officials made large investments
of taxpayer dollars in new voting equipment that may, in fact, be
substandard. Scientists at MIT and Cal Tech came to the same
realization and launched a joint research project to uncover the
technicals flaws in our voting systems and equipment. I thank them for
their work and for their cooperation with us in this area.
After careful analysis of the problem and the MIT and Cal Tech study,
I was appalled to discover many potential problems. For example, a high
school computer hacker, or any other hacker, could sabotage some
computer voting systems and make them display erroneous vote totals. In
response to these problems, I drafted H.R. 2275 in conjunction with my
colleague, the gentleman from Michigan (Mr. Barcia).
In analyzing flaws of voting equipment, one of the key issues I
identified was that the FEC's standards for voting equipment had been
woefully inadequate for many years. It was very clear that we needed
legislation to improve the process for developing technical standards
for voting equipment, and H.R. 2275 was designed to address this need.
The legislation before us today contains almost all of H.R. 2275's
provisions. It will improve voting equipment, because while we can
debate the particulars of how to administer an election or which voting
equipment to buy, no one will disagree that any voting system should be
based on the best possible standards to ensure the usability, accuracy,
security, accessibility, and integrity of voting equipment.
I know that new technical standards do not capture the public's
attention, but they are the very foundation upon which voting accuracy
and reliability rests, just as all of our commerce rests on reliable
universal standards.
{time} 2100
This conference report takes the concepts from H.R. 2275 and corrects
a glaring flaw in our existing technical standards development process
by creating a new 14-member panel chaired by the director of the
National Institute of Standards and Technology. This panel will develop
and recommend voluntary technical standards to ensure the usability,
accuracy, security, accessibility and integrity of voting systems. A
newly created Election Assistance Commission will then determine
whether or not to adopt these voluntary standards.
Finally, the Commission will publish a central list of systems that
are certified as meeting the current Federal standards. Since these
standards are voluntary, States are still free to choose voting systems
that are not certified, but now State election officials will be able
to use this list to guide the purchasing decisions. This is a
relatively simple, straightforward process that will lead to great
improvement throughout our voting system.
With these provisions, voters can rest assured that casting their
vote on equipment that meets the new Federal standards will mean that
their vote counts.
I would also like to point out the strong anti-fraud provisions in
this legislation. We must not only guarantee that each vote counts, we
must also ensure these votes are not diluted by fraudulent votes. This
bill will guard against fraud of many different types and will ensure
that votes will be recorded accurately. We certainly do not want a
return to the Tammany Halls or the Boss Prendergasts of the past.
Once again, I thank the gentleman from Ohio (Chairman Ney) and the
ranking member, the gentleman from Maryland (Mr. Hoyer), for working
with me to incorporate my thoughts in this legislation. I believe our
collaboration has made a good bill even better, and I urge all of my
colleagues to support this bill.
Mr. Speaker, I rise in support of the conference agreement on H.R.
3295, the Help America Vote Act of 2002.
For a month after the November 2000 election, we watched in disbelief
as Florida's troubled election system became a national drama and
fodder for the late night network shows. Polling station workers across
Florida struggled to discern the true intent of a voter based on their
interpretation of the now infamous ``hanging chad.'' Because of
Florida's problems, the most precious component of democracy--the
expression of the free will of individual voters--was turned into a
battle between lawyers. After the dust settled, we put Florida's voting
system under a microscope and analyzed the flaws that troubled citizens
and legislators alike.
But the problems Florida faced weren't unique, nor were they new.
Fraud, outdated and inadequate voting equipment, poor access for
handicapped voters, poor training of polling station workers, and voter
disenfranchisement have occurred in local, state, and national
elections for years. But it took Florida's elections to spur
Congressional action to correct these flaws. We can be proud that the
agreement before us today addresses, and takes
[[Page H7843]]
action to correct, each of these issues, among others.
After the Florida voting problems occurred, as a scientist I quickly
realized that we needed to improve the technical flaws in our voting
systems before state and local officials made large investments of
taxpayer dollars in new voting equipment that may, in fact, be
substandard. Scientists at MIT and Caltech came to the same realization
and launched a joint research project to uncover the technical flaws in
our voting systems and equipment. I thank them for their work and for
their collaboration with me in this area.
After careful analysis of the problem and the MIT and Caltech study,
I was appalled to discover many potential problems. For example, a high
school computer hacker, or any other hacker could sabotage some
computer voting systems and make them display erroneous vote totals. In
response I drafted H.R. 2275, in conjunction with my colleague from
Michigan, Mr. Barcia, to address the many problems we found. In
analyzing the flaws in voting equipment, one of the key issues I
identified was that the Federal Election Commission's standards for
voting equipment have been woefully inadequate for many years. It was
very clear that we needed legislation to improve the process for
developing technical standards for voting equipment, and H.R. 2275 was
designed to address this need. My legislation was reported out of the
House Science Committee with the encouragement of Science Committee
Chairman Boehlert.
The legislation before us today contains almost all of H.R. 2275's
provisions. It will improve voting equipment because, while we can
debate the particulars of how to administer an election or which voting
equipment to buy, no one will disagree that any voting system should be
based on the best possible standards to ensure the usability,
accuracy, security, accessibility, and integrity of voting equipment. I
know that new technical standards do not capture the public's
attention, but they are the very foundation upon which voting accuracy
and reliability rests, just as all our commerce rests on reliable,
universal standards. From the moment that you walk into a voting booth
until your vote is officially recorded, the adequacy of the standards
underlying this process will help determine whether or not your vote is
recorded correctly. For example, standards help ensure that new ``touch
screen'' technology does not bias your vote for one candidate over
another, that voting equipment will afford access to all individuals
with disabilities, and that your vote will be transmitted securely and
recorded correctly.
This conference report takes the concepts from H.R. 2275 and corrects
a glaring flaw in our existing technical standards development process
by creating a new 14-member panel, chaired by the Director of The
National Institute of Standards and Technology (NIST). This panel will
develop and recommend voluntary technical standards to ensure the
usability, accuracy, security, accessibility, and integrity of voting
systems. A newly created Election Assistance Commission will then
determine whether or not to adopt these voluntary standards. Once the
Commission adopts these standards, labs accredited by the Commission
will be able to test voting equipment and certify that new equipment
meets the federal standards. Finally, the Commission will publish a
central list of systems that are certified as meeting the current
federal standards. Since these standards are voluntary, states are
still free to choose voting systems that are not certified, but now
state election officials will be able to use this list to guide their
purchasing decisions.
The legislation also includes a research and development program to
support the standards development process and to develop better voting
technology and systems. This is critical because research must underpin
decisions that the standards development committee will be making. In
addition, we need research to help improve our voting equipment and
systems for future elections.
This is a relatively simple, straightforward process that will lead
to great improvement throughout our voting system. With these
provisions, voters can rest assured that casting their vote on
equipment that meets the new federal standards will mean that their
vote counts. I would also like to point out the strong anti-fraud
provisions in this legislation. We must not only guarantee that each
vote counts; we must also insure those votes are not diluted by
fraudulent votes. While flawed voting equipment can undermine a
person's right to have their vote recorded accurately, fraud can
undermine our entire voting system. In my 25 years in elected office I
have seen voting fraud in many different forms. It occurs more often
than the American people know. The anti-fraud provisions in this
legislation are common-sense measures that reasonable people will agree
that we must have in order to preserve the integrity of our elections.
We don't want any new Tammany Halls or Boss Preudergasts in the USA!
I want to thank Chairman Ney and Ranking Member Hoyer again for
working with me to incorporate my thoughts on this legislation. I
believe our collaboration has made a good bill even better, and I urge
all of my colleagues to support the bill.
Mr. HOYER. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman from
Michigan (Mr. Conyers), one of the most senior Members of this House,
the ranking member of the Committee on the Judiciary, a giant in the
civil rights movement of this country, whose voice is always heard on
behalf of those who are dispossessed, downtrodden, or discriminated
against. It is an honor to be his friend and an honor to serve with him
in this House.
Mr. CONYERS. Mr. Speaker, I want to thank the manager, the gentleman
from Maryland (Mr. Hoyer), for his kind introduction, but, more
importantly for what he did to help us come here today; on February 28
for his bill; on March 27 for my bill. We have been working tirelessly,
and I have come to know the gentleman from Iowa (Mr. Ney), the chairman
of the committee that had jurisdiction. I commend him. We have come a
long, long way together.
I am very grateful to the gentleman from Michigan (Mr. Ehlers) for
his technological contributions.
To the gentlewoman from California (Ms. Waters), who headed the
Election Reform Task Force for the Democratic Caucus, I praise her,
whose study was a classic, along with that of the Commission on Civil
Rights, the Carter-Ford Election Reform Commission, and more than a
dozen other historic studies that have gone into this measure.
I am also pleased to have had and enjoy the support of the caucus of
which I am a dean, the Congressional Black Caucus. I am very grateful
to all of them for their work, not just in forming the legislation and
contributing to the process, but going to Florida and going across the
country and putting their time in.
I am looking at the gentlewoman from Florida (Ms. Brown) in
particular, who I appreciate; and our other sister on the Committee on
the Judiciary, the gentlewoman from Texas (Ms. Jackson-Lee); and the
Chairperson of the caucus, the gentlewoman from Texas (Ms. Eddie
Bernice Johnson), who was heroic in this matter.
So I stand here, Mr. Speaker, commending all of our friends. I cannot
omit the chairman of the committee in the Senate, Chris Dodd, who
worked tirelessly for 18 months to bring us to this point, a point that
was brought to us by the fact that 6 million votes were thrown out in
the last Presidential election. Forty-seven percent of the disabled
encountered physical barriers at the voting place, and 10 times as many
African American voters in Florida were likely to have had their ballot
discarded in the last Presidential election. So we have worked on a
bill with major standards.
What does this bill do?
One, nobody can spoil a ballot anymore in America when this bill
becomes law, no way. If you vote, the machine selected by the State, or
another apparatus, has to make sure that the voter has not spoiled his
ballot or her ballot before they walk out of that booth.
Number two, there is provisional voting, so any election dispute is
protected; that one is not sent to a phone number that nobody ever
answers or a building where the office is closed. The vote is allowed
in a separate stack, and then the determination that it be included or
not is a permanent record kept to be re-examined by the voter or
authorities.
Three, it says that that voting site must be accessible to the
disabled.
Finally, we have provisions written about language requirements. Many
people went to the polls and could not read the English language
carefully or clearly enough.
Then, of course, there is $3.9 billion of funds.
The last point, this is not a perfect bill. We fought against voter
ID provisions, citizen check-offs, Social Security numbers. We are
going to watch it carefully in the next Congress. If it requires
correcting, everybody on this side of the aisle and the chairman of the
subcommittee promises that we will take whatever corrective action is
necessary.
I thank Congress for their efforts in this movement.
Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.
[[Page H7844]]
Mr. Speaker, I thank the gentleman for his contribution; but not just
tonight, I thank the gentleman for his contribution over a career of
fighting for people and ensuring that their rights are observed and
expanded.
Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr.
Gonzalez), the son of an extraordinary Member of this House who fought
for the little people of America all the time and was a giant in this
House; and his son, of which he would be supremely proud, promises to
be equally committed to people.
Mr. GONZALEZ. Mr. Speaker, I thank the gentleman for yielding time to
me.
To my esteemed colleague, the gentleman from Maryland, I thank him
very much for those wonderfully kind words. Dad was incredibly unique
for many, many reasons; and he is missed.
First, I would like to start off saying that I stand here today in
opposition to this bill. It is a difficult time to stand here against a
bill that does contain some very good language and make some giant
strides in election reform. The drawbacks, though, basically will
cancel out the true benefits of this bill.
I will start off by giving credit where credit is due, and that is
for everyone who worked so hard out of this House to get out a decent
bill that took the best parts of what the Senate had to offer to
attempt a compromise, bring it in here in some form that would be
acceptable to a majority of the Members. I know that took a lot of
work, and there has been progress. I thank the Members for their
efforts.
For the first time in the United States election history, an ID
requirement is mandated. I attended hearings in Pennsylvania; missed a
couple, I believe, in Illinois; was in Florida and Texas, California,
because we had committees, we had commissions, that conducted hearings
throughout this Nation. Not once, not once was there ever pointed out
that there was a problem that would require a national ID requirement.
This came out of the clear blue.
The Members that sit in this House tonight will tell us in their
conversations, it did not emanate out of this House, not from Members
of the House of Representatives.
What am I talking about? I will tell the Members what I am talking
about: They have made voter registration, and the very act of voting,
more difficult. As good as this bill is, it complicates the process,
and it will disenfranchise individuals, individuals that live in my
community, because all of the Members run for office. We know the
registration process, and we know the voting process because we become
part of it, and we are in those neighborhoods.
What this bill does for mail-in registration: no driver's license, no
ballot; no utility bill, no ballot; no government check, no ballot; no
bank statement, no ballot; no Social Security number, no ballot.
Now, Members may say, we will provide them provisional ballots. Those
do not count. Those do not really count. We are talking about what
happened in Florida. This gives some sort of a voting right, whatever a
provisional ballot really is, because that vote truly is not going to
be counted until something is cleared up.
On top of it, on top of it now, we are going to have a driver's
license or a Social Security or a special four-digit assigned number.
That is not just for mail-in ballots, Mr. Speaker, that is anybody,
first-time registrants within a State. Even if they cross the county
line, they still go through all of this. If they do not have a driver's
license, they should give us the last four digits of their Social
Security number. If they do not have that, we will assign them a
number.
But if they do have a driver's license, if they do have a Social
Security number and we use the last four digits, we need those
verified. We are going to have those verified before we have a database
system in place by 2004, because all this goes into effect. States will
get waivers, move it to 2006. We will not even have the ability to do
this.
If any Member has ever been part of a voter registration drive, they
know how it is done. There is a deputy that goes up there, because no
one can simply go and have something filled out and take it back. They
will be asking for the driver's license. They do not have it? Then the
Social Security.
But for a mail-in ballot, which a majority of the ballots in my
community are submitted in this fashion, why? How long has it been
since these Members have actually looked at the voter registration card
in their counties? It is simple, it is unique, it is efficient. There
has never been a problem that would mandate the type of requirement
that we will be instituting on a nationwide basis. This will impact
communities. It will impact the Latino communities.
I end by advising everybody that the Mexican American Legal Defense
and Educational Fund, the NAACP Legal Defense and Educational Fund, the
National Council of La Raza, the National Association of Latino Elected
and Appointed Officials, and the National Puerto Rican Coalition all
oppose this legislation.
Mr. NEY. Mr. Speaker, I yield 3 minutes to the gentleman from New
Jersey (Mr. Menendez).
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Speaker, I thank the distinguished chairman for
yielding time to me, and I thank the ranking member.
Mr. Speaker, let me say, in this great country of ours democracy can
only flourish when we make all our voices heard. That is why it is
important to do all we can to ensure that no vote is nullified.
I want to commend the sponsors of the Help America Vote Act. Much
hard work went into crafting this legislation that seeks to address the
problems that plague our Nation's voting system; and when this bill was
first debated on the House floor, I sought to offer an amendment to
enhance the civil rights provisions of the bill, including ensuring
accessibility of polling places, provision for provisional voting, and
strengthening the National Voter Registration Act. I am pleased that
some of these things were included in the final bill.
{time} 2115
However, I want to join my colleague, the gentleman from Texas (Mr.
Gonzalez), in our concerns about other provisions that were added in
the conference report. While these new identification provisions may be
offered to ensure that our voting system is free of error and fraud, I
fear these provisions may lead to further disenfranchise many Latino
voters.
Under this bill, a Federal requirement for voter identification is
created. This will be the first time ever such a provision exists in
our Nation's law. I fear this starts a dangerous precedent. States will
be required to ask a voter registration applicant or a first-time voter
for a current driver's license number or the last four digits of their
Social Security number or have a new four-digit number created and
assigned to this applicant.
At a time that we should be encouraging people to come and register
and be part of the democratic process, these new requirements add
burdensome responsibilities in the process of voter registration and
ultimately discourage voters. These people are citizens, and they know
that you have to be a citizen to register to vote, which is why this
whole other provision of checkoff, of citizenship checkoff, further
delays the process and causes the possibility for registrars who may
not see that checkoff take place to delay the ability of that
individual to ultimately vote.
Lastly, we speak from experience, through manipulation of voter laws
and voter intimidation. Many parts of our community and many parts of
this country, including in my home State of New Jersey, have had laws
used against them to ensure that they cannot vote. So in our objection
we are concerned about the implementation of laws as written, and we
are raising concerns about the potential or unequal administration of
the law. We have seen it happen in the past, and we hope it will not
continue in the future.
It is not just Hispanics, by the way. When Wisconsin looked at making
changes to their voting laws, they conducted a study that found over
120,000 Wisconsin residents who did not have a driver's license or
photo identification cards. Well, individuals such as these have their
voices and their votes ultimately will be heard.
[[Page H7845]]
I intend to vote for the bill because clearly there are many good
provisions in it, and it provides desperately needed resources so that
all of our States can update their voting systems, but we want to wave
our sabers now and let it be understood that we intend to follow this
process every step of the way, through the regulatory process, through
what is promulgated in that regard, through its implementation to make
sure that no citizen, particularly citizens of Hispanic decent, enter
this democratic process with greater difficulty or with the inability
to have their vote and their voice considered.
Mr. HOYER. Mr. Speaker, I thank the gentleman from New Jersey (Mr.
Menendez) for his comments. I think they were well taken, as the
comments from the gentleman from Texas were well taken. And I will join
him and I know the gentleman from Ohio (Mr. Ney) will as well to ensure
that their fears are not realized.
Mr. Speaker, how much time remains on our side?
The SPEAKER pro tempore (Mr. Simpson). The gentleman from Maryland
(Mr. Hoyer) has 18\1/2\ minutes remaining. The gentleman from Ohio (Mr.
Ney) has 6\1/2\ minutes remaining.
Mr. HOYER. Mr. Speaker, I yield 1 minute to my distinguished
colleague, the gentleman from Pennsylvania (Mr. Fattah), the next
ranking Democrat on the committee who has been such a critical
participant in forging this legislation.
Mr. FATTAH. Mr. Speaker, let me thank the managers of this bill for
their work, not just here on the floor but more importantly in the
conference committee. And also I add kudos to Senator Dodd, who has
really worked hard with the gentleman from Ohio (Mr. Ney) and the
gentleman from Maryland (Mr. Hoyer) and also to pay deference to the
dean, the gentleman from Michigan (Mr. Conyers).
This is a good bill. It is not, as we now know, a perfect bill; but
it is a bill that moves this process forward.
Mr. Speaker, I served as a teller here in the House, and I had to
record the results from the Florida election and the Presidential race
in the year 2000. And we know that not only were there votes not
counted by many in the State of Florida, but throughout this country
there are holes in our democracy. And this bill is an attempt to
respond to that.
We have worked the will of the conference committee, merging ideas in
the Senate and the House. There are things in this bill that I am sure
your Senate colleagues would rather not be there and things we prefer
not be a part of this bill, but there is a shared consensus of the
conferees; and we would hope that it would receive an overwhelming
favorable endorsement here in the House, and I think it will move our
democracy toward a more perfect Union.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair would remind Members that it is
not in order to cast reflections on the Senate, either positively or
negatively on individual Senators.
Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I know the Speaker of the House, the gentleman from
Illinois (Mr. Hastert), is on the floor and he is about to leave. With
him is his deputy chief of staff, Mr. Stokke. Before he leaves, I want
to take the opportunity to thank him and Mr. Stokke. Both of these
gentlemen were vitally interested in this legislation. Both were
extraordinarily helpful in seeking its passage. The Speaker has
committed to the gentleman from Ohio (Mr. Ney) and I that he will work
with us to make sure that this obligation is not an unfunded mandate,
but in fact that we give the States the resources necessary. I wanted
to thank the Speaker before he leaves the floor and thank Mr. Stokke,
as well.
Mr. NEY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Florida (Mr. Davis), a member of our committee who has
been intimately involved throughout this consideration and was so
important in making sure that we had a bill that we could pass.
Mr. DAVIS of Florida. Mr. Speaker, I wanted to commend the gentleman
from Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) on
their work.
Mr. Speaker, as a Floridian I need to provide a little more sober
assessment as to where we are and where we need to go.
I painfully need to first point out that we began discussing this
issue right after the November 2000 elections, and it has taken the
verge of the next set of elections to revisit the issue. We should not
just be talking about this issue at election time. This is a burden we
all bear, Federal, State and local. The people that testified before
the House Administration Committee pointed out to us that the
legislation, if it was going to work, was not just about replacing
machines. It was about making sure that we had qualified people who
were trained to use the machines. And, unfortunately, once again in my
home State of Florida we have provided another painful lesson as to
just how right they were.
Let me also point out that tonight is only half the battle. This is
an authorization bill; but the guts of the bill, apart from some of the
issues that have been discussed earlier, have to do with some of the
funding that needs to be provided. I want to urge the President for the
first time to stand up and be counted on this and to release the funds
that he has sequestered that would provide the first $400 million in
installment for this bill and to work with Democrats and Republicans to
fund this bill, because without funding, the bill will only be an
expression. It will not be action by this Congress.
So this is the beginning tonight. I applaud the gentleman from
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney), but we need
to get to work on finishing the bill.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Waters), who chaired the special committee on election
reform and held hearings all over this country and heard from literally
hundreds of citizens on the issues confronting them at election time.
``Revitalizing Our Nation's Election System'' is a report issued by the
Waters Commission, which was extraordinarily helpful to the gentleman
from Ohio (Mr. Ney) and me in bringing this legislation to fruition. I
thank her for that. I thank her for the contributions she has made. I
am honored to serve with her.
Ms. WATERS. Mr. Speaker, I would like to thank the gentleman from
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for the hard
work they put in trying to get this election law passed so that we
would not experience what we have experienced in Florida and other
parts of this country.
Mr. Speaker, my ancestors could not vote. My ancestors were blocked
from being able to vote with such tactics as forcing them to have to
pay poll taxes and take literacy tests. And we saw some of the same
kind of tactics used in Florida and some other parts of this country in
the national election that basically stunned the world. And so when the
Democratic House minority leader, the gentleman from Missouri (Mr.
Gephardt), asked me to lead the Democratic Caucus Special Committee on
election reform, I said, yes, I must do this.
The committee was given the responsibility to travel throughout
America and examine our Nation's voting practices and equipment. Over a
6-month period, this committee held six public field hearings in
Philadelphia, San Antonio, Chicago, Jacksonville, Cleveland, and Los
Angeles. We heard from election experts.
We heard from election experts and hundreds of voters about what is
right and wrong with our election system. I was overwhelmed about the
outpouring of interest and the support we received from our Nation's
voters.
The conference report before us today authorizes grants to test new
voting equipment and increases access to polling places by voters with
disabilities. The conference report establishes election standards that
require States to allow voters to check and correct their ballots,
provide access to disabled voters, allow provisional voting when there
is question of an individual's eligibility.
This is not a perfect conference report, and I had to think long and
hard about supporting it. I do not like any ID requirements. We do not
have any in California. I do not like having to ask people for a
driver's license or a Social Security number.
[[Page H7846]]
But despite those things that I do not like and what I think is wrong
with this bill, I am going to support it because we need to get started
with correcting what is wrong with our election systems here in
America. And hopefully, we will continue to work on this so that we can
come up with perfect legislation to deal with those problems.
Mr. HOYER. Mr. Speaker, I thank the gentlewoman for her comments and
again would pledge with the gentleman from Ohio (Mr. Ney) and myself
and the gentleman from Michigan (Mr. Conyers) and others to continue to
work with her towards those solutions.
Mr. Speaker, I yield 1 minute to the distinguished gentleman from
North Carolina (Mr. Price). The gentleman has been involved with
election reform as long as I can remember. He is an extraordinary
leader on this bill and in this House on these issues.
Mr. PRICE of North Carolina. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, I rise in strong support of the conference report on the
Help America Vote Act. I want to congratulate the gentleman from
Maryland (Mr. Hoyer), the gentleman from Ohio (Mr. Ney), the gentleman
from Michigan (Mr. Conyers), and others who have relentlessly pursued
this historic bipartisan agreement.
Mr. Speaker, the problems that Florida experienced at the polling
places and its primaries again this year demonstrate that our last
national election was not just a once-in-a-life-time phenomenon. The
problems that plagued us 2 years ago will continue to occur if we do
not take action to address them. This legislation takes that action.
It requires States to meet minimum Federal election standards. It
authorizes funds to help implement those standards and to educate
voters, improve equipment, train poll workers and improve access for
disabled voters. It also incorporates key elements of legislation I
helped author, the Voting Improvement Act, H.R. 775, to buy out
unreliable and outdated punch card machines, the type of equipment that
has the highest error rate.
Mr. Speaker, now more than ever we need to make sure that every
American can participate fully in our democratic form of government. We
must ensure that every vote is counted. I urge my colleagues to take a
significant step towards achieving these goals by joining me in support
of the conference report, H.R. 3295.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Texas (Ms. Eddie Bernice Johnson), the distinguished
chair of the Congressional Black Caucus, who has been involved since
the very first day in demanding that we pass election reform, in
focusing in on election reform and working towards the adoption of the
bill; and I thank her for her efforts.
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to
revise and extend her remarks.)
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I want to use this
minute to say that I want to thank the gentleman from Ohio (Mr. Ney),
whom I visited the very first day of the session to talk about this,
and the gentleman from Maryland (Mr. Hoyer), who stayed the course, and
Senator Dodd and the Senate who led the deliberations in the Senate.
There was such an overwhelming outcry from this Nation and
internationally that came to the Black Caucus after January 6, 2001,
that we knew we had to act.
{time} 2130
This became the number one priority for the Congressional Black
Caucus to do something about election reform.
The faith in the system had gone. Today hopefully it will start to
restore it. This is not to say this is a perfect bill, but it is to say
that it is a major, major step in the right direction; and we hope that
the President will keep his word to me. He made it a public statement
when he said he will support it, and he would see that the money would
be in the budget.
We appreciate it; and, Mr. Speaker, this is the civil rights bill of
the new millennium.
Mr. Speaker, I rise today in support of H.R. 3295, a bill that will
restore integrity to our nation's voting system. I strongly urge my
colleagues to support this legislation.
Mr. Speaker, today is a proud day for the Congressional Black Caucus.
Throughout this Congress, election reform has been our number one
legislative priority.
On January 6, 2001, our Members walked out of this chamber to protest
the voting irregularities and intimidation that resulted in a President
who was appointed by the Supreme Court, rather than elected by the
people.
We said we would not rest until the right to vote of every American
was protected.
Mr. Speaker, I am proud to say that after 21 months of floor speeches
and field hearings, we are very, very close to delivering on our word.
Now, this legislation is not perfect. But it is a tremendous step
forward. And, with the 2002 elections just a mere 26 days away, and the
2004 elections on the horizon, it's time to move the ball down the
field.
It's time to implement the centralized voter registration and
standardized balloting called for by this bill.
It's time that we fund training and technical assistance programs to
educate poll workers and replace faulty voting machinery.
And it's time to implement provisional balloting, so that no voter
will get turned away from the polls if their eligibility is challenged.
These provisions will all go a long way toward correcting the
disenfranchisement that we witnessed in 2000.
However, because I believe that these regulations should be enacted
quickly, I am concerned that this legislation gives states waivers to
push back their deadlines for many of these protections.
I am also troubled that this legislation authorizes funding for these
programs without appropriating the $3.9 billion dollars that they will
require.
Lastly, for far too long, we have seen voting regulations corrupted
and used to deny the votes of millions of people, especially people of
color.
We must remain vigilant that the voter protections in this
legislation are implemented evenly and effectively. And we must ensure
that they are enforced with the full weight of our justice system.
Our work is cut out for us. It is easy to see that this legislation
is really only the beginning. But it is a good beginning.
Now, I must thank the Members of the Conference Committee from both
Chambers for working many, many late nights to complete their work on
this legislation.
In particular, I would like to thank the gentleman from Maryland, Mr.
Hoyer, who has been battling to extend these important protections to
our nation's voters. I would also like to commend Chairman Ney for his
work in helping reach this compromise.
Finally, let me thank the Members of the Congressional Black Caucus
for their extraordinary work. In particular, I must commend the
gentleman from Michigan, Mr. Conyers, for his leadership in co-
authorizing one of the original House election reform bills and for
working to ensure that this bill became a reality.
As I conclude, let me remind my colleagues: The time to improve our
elections system is now. We must make sure all Americans can register
to vote, remain on the rolls once registered, vote free from
harassment, and have those votes counted. I believe that this bill
achieves those goals.
I call upon my colleagues to vote in favor of this legislation today.
Mr. Speaker, we must act before another day has passed.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from Rhode
Island (Mr. Langevin), a freshman Member of this House, an
extraordinary Member of this House, who has been very much involved in
the adoption of this bill as former Secretary of State in the
administration of elections and a person who has confronted the
challenges of barriers to participation. His participation was critical
to the passage of this measure.
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, I am pleased to be here on this historic day to urge
passage of H.R. 3295, the Help America Vote Act. The measure sets
minimum standards for elections and provides States with the much-
needed resources to upgrade voting equipment, improve election accuracy
and provide voter education and poll worker training.
This legislation has rightly been called the first civil rights
legislation of the 21st century because it will ensure that all
Americans can participate fully in our democracy by being guaranteed
the fundamental right to vote.
We would not be here without the leadership of the gentleman from
Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer), my good
friends on the Committee on House Administration. Their diligent
efforts to craft a
[[Page H7847]]
bipartisan election reform bill demonstrates the successes that we may
enjoy by setting aside our differences and working for the good of the
American people. I particularly appreciate their work to make our
polling places and election equipment accessible to people with
disabilities.
I encourage my colleagues to vote for this measure.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Ms. Brown), who has stood on this floor, stood up in Florida
and stood in every forum to demand that we do what we can to ensure
that every person's vote counts.
(Ms. BROWN of Florida asked and was given permission to revise and
extend her remarks.)
Ms. BROWN of Florida. Mr. Speaker, to the gentleman from Ohio (Mr.
Ney), the gentleman from Maryland (Mr. Hoyer), Congressional Black
Caucus, and I have got to say Senator Dodd, we would not be here today
if it was not for their leadership.
I tell my colleagues this is a great day. I know this is not a
perfect bill, but it is the perfect beginning. I say that over and over
again because, as I stand here today, 27,000 of my constituents' votes
were thrown out because of old equipment. Do my colleagues hear me?
Twenty-seven thousand votes that have not been counted to date.
And I want to say to the young people, it does matter who is in
charge. It matters who is in charge, and this is the first step that we
have taken to correct that, the first step.
I know that all of the civil rights community is not happy with this
bill. I am not happy with it. The reason why I am not happy with it is
because it took so long to get here. I wanted it here for the midterm
elections. It is not, but it will be for the 2004 election.
Mr. Speaker, this is not a perfect bill but, for me, it is the
greatest accomplishment of the 107th Congress. The greatest thing we
have done is to make sure that what happened in the 2000 election never
happens again in this country.
Mr. Speaker, I am here today to say that it matters who is in charge.
To the young people, I want you to know that your vote does matter,
and that every vote counts. And voting matters because the person in
charge sets the agenda. In Florida, and here in Washington, it is very
clear just who is in charge and who is setting the agenda. Clearly, the
Republican party thinks it is much more important to cut taxes and send
the Federal budget into deficit than to focus on issues like election
reform, health care, Social Security, and education.
There is no perfect bill, but this bill is a beginning. It has been
628 days since the 2000 election, and here we are, nearly 2 years
later, and have just passed an election reform bill. I am thrilled we
finally have an election reform bill though: We now have a bill which
gives over $170 million to the State of Florida for election reform,
and $3.6 billion to the States overall. Not perfect, but a good start.
This bill requires States to do things they should have done long, long
ago: Provisional balloting, replacing outdated punch-card voting
machines, properly trained poll workers, educating voters, and
upgrading voter lists . . . and making polling places more accessible
for the disabled.
Everyone in this country and throughout the world knows that the 2000
elections were a complete sham. In my district alone, Florida's Third
Congressional District, 27,000 of my constituents' votes were thrown
out. Let me repeat that: 27,000. Now I know who won the last election
and it was not the person sitting in the White House right now who is
guiding this country into war.
And the incredible thing is that since the 2000 elections, in the
State of Florida, Governor Bush has only spent $32 million to overhaul
the voting system. So, Florida, with 16 million people, spent $32
million, while our neighbor, Georgia, with only 8 million residents,
spent $54 million on election reform.
I guess we see where the Florida Governor's priorities lie. He, like
the Republican party here in Washington, is mainly interested in tax
cuts for the country club group. Election reform just isn't very high
up on their list.
In fact, the Governor did not even allow enough time during the
Florida primaries to hold mock elections to educate voters and poll
workers before the primaries.
Now I know there is no perfect bill, and I know many in the civil
rights community and many here tonight are not happy with this
compromise. And I am disappointed it has taken so long to reach a
compromise and get an election reform bill passed. And I'm unhappy the
conference report today will not pass in time to affect the mid-term
elections. But I am happy to see we are ending the 107th Congress with
a bill, and that we are finally addressing the problem of elections in
this country. No, Mr. Speaker, this bill is not perfect, but it is to
me, the greatest accomplishment of the 107th Congress, and I urge my
colleagues to vote ``yes'' on the conference report.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Simpson). The Chair would remind all
Members it is not in order to refer to individual Senators except as
the sponsor of a measure.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from New
York (Mrs. Maloney).
(Mrs. MALONEY of New York asked and was given permission to revise
and extend her remarks.)
Mrs. MALONEY of New York. Mr. Speaker, I rise in support of the
conference report and important civil rights bill that will make much-
needed reforms in the way that we vote. For too long Americans had to
deal with outdated polling practices, alleged fraud and confusing
voting equipment and inexperienced poll workers. While the bill is not
perfect, with this legislation we will begin to make improvements that
prevent election controversies that continue to emerge in different
parts of the Nation.
I am pleased to see that two provisions that I offered along with the
gentleman from New York (Mr. Reynolds), my friend and colleague, have
been included in the legislation. The bill ensures that overseas voters
who fill out an application for voter registration will automatically
receive an absentee ballot for two Federal general elections following
registration. Additionally, the bill establishes an office in each
State to respond to overseas voters inquiries. Overseas voters deserve
the same opportunities to cast their ballots in elections as those who
are able to make it to their local polling place on election day.
This is a movement towards truly every vote counting, and I commend
the great leadership of the gentleman from Maryland (Mr. Hoyer) and the
gentleman from Ohio (Mr. Ney).
Overseas voters deserve the same opportunities to cast their ballots
in elections as those who are able to make it to their local polling
place on election day.
I have spoken with Ambassadors, members of the armed services, and
other American citizens living abroad who have expressed their desire
to establish a more effective voting process for those living overseas.
Our constituents deserve to be a part of the electoral process no
matter where they live.
With the passage of this legislation, we will ensure that each
citizen's vote truly does count.
I'd like to commend my colleagues Chairman Ney and Ranking Member
Hoyer for their work on this issue and for bringing this bipartisan
legislation to the floor.
I urge my colleagues to support this bill.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Michigan (Ms. Kilpatrick).
(Ms. KILPATRICK asked and was given permission to revise and extend
her remarks.)
Ms. KILPATRICK. Mr. Speaker, I thank the gentleman from Ohio (Mr.
Ney), as well as the gentleman from Maryland (Mr. Hoyer) for yielding
the time and bringing the bill to the floor, some 20 plus months after
the worst catastrophe in American history happened in our country.
The right to vote and have that vote counted is the most sacred thing
an American citizen can have, and this bill begins the process of
rectifying the very bad past that we experienced in 2000.
I want to commend the work of the committee. I want to work with my
colleagues to see it implemented properly. I like the emphasis on high
school and college students and voter education.
On that, I want to work with the committee to see that literacy is
addressed. Too many people in America cannot read or read between the
4th and 6th grade level. We have got to make sure that the election
materials reach that population so that it can vote.
With that, Mr. Speaker, I will cast my vote for this bill and ask
that we continue to do the things necessary so all people's vote count
and all people who are registered can vote.
Mr. Speaker, I rise today in support of the conference report on H.R.
3295, the Help America Vote Act. I also want to commend
[[Page H7848]]
Chairman Ney and Ranking Member Hoyer for their hard work on this
landmark legislation.
In the aftermath of the 2000 election and the ensuing controversy
that prevailed, it became abundantly clear that it was essential for
our Nation to overhaul election administration processes. Our
consideration of this act could not occur at a more favorable time
because the specter of possible voter fraud, voter disenfranchisement
and ballot confusion remain.
H.R. 3295 authorizes $3.9 billion over 3 years to help States replace
punch card and lever voting machines to improve the administration of
elections. As we prepare for mid-term elections, once again the
political stakes are high.
H.R. 3295 is important legislation because its enactment will enable
voters to check for and correct ballot errors in a private and
independent manner. The act will also ensure that legitimate voters
will not be turned away from the polls. Furthermore, H.R. 3295 requires
that States maintain clean and accurate voter lists.
As the Representative for the 15th Congressional District in
Michigan, I am acutely aware of the vital importance of empowering
every prospective voter. In the recent past, numerous black voters were
disenfranchised due to the imposition of insidious practices designed
to prohibit voter participation. Literacy tests, poll taxes, and voter
intimidation were employed successfully to thwart black voter
participation. However, a new day has dawned and Americans can now look
forward to the overhaul of election administration.
I do, however, want to alert my colleagues to a concern I have about
voter literacy, a problem that affects American voters. The average
American reads on a 4th to 6th grade level. Therefore, it is imperative
that we take steps to ensure that voting instructions and materials
accommodate the literacy level of the average American. I am pleased
that the conference report includes provisions to make voting sites
accessible to persons with disabilities, and it affirms the Voting
Rights Act of 1965. Nonetheless, I continue to have reservations about
the potential for voter disenfranchisement.
As a former educator, I recognize the importance of reading and
comprehending written material. I refer my colleagues to the provision
in the bill that authorizes a total of $3 billion over fiscal year 2003
through fiscal year 2005 that can be used in part to provide voter
education. It is my hope that some part of those resources will be used
to address voter literacy.
I am pleased to support the conference report, and I am confident the
provisions of the bill will usher in critical changes that will serve
to enhance the legitimacy of our electoral process.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Mrs. Meek), an extraordinary Member of this body who will be
leaving this body and we will be poorer for it, who experienced
firsthand the trauma of people coming to the ballot box and being
unable to cast their vote and being assured that it counts.
(Mrs. MEEK of Florida asked and was given permission to revise and
extend her remarks.)
Mrs. MEEK of Florida. Mr. Speaker, I want to thank the gentleman from
Maryland (Mr. Hoyer), my good friend, for yielding me the time.
It was once said that all that is required for evil to triumph is for
good people to do nothing. We had some very good people doing something
on this: the gentleman from Maryland (Mr. Hoyer), the gentleman from
Ohio (Mr. Ney), the gentlewoman from California (Ms. Waters), the
Congressional Black Caucus, the gentlewoman from Florida (Ms. Brown)
and the entire lot, they wanted to do something, not just say nothing
could be done because of the problems. The problems were faced.
We do not have a perfect bill, but we have the very best we could
get, and it could not have been done without the people that I just
mentioned. So I am glad that I lived to see this bill happen, and we
all are very emotional about it because of the fact this, to us, is an
emancipation of some of the problems we have had with voting in this
country, and I want to thank the writers of this bill and the people
who participated in it.
For once, we will go forward to do something better for this country
and so that everybody can be created equal.
Mr. Speaker, this Conference Report is an important milestone for
democracy in America. I am thrilled that the election reform conferees
have heeded the will of the Congress and the American people and
reached an Election Reform Conference Agreement that takes enormous
steps toward ensuring that every voter counts equally and that every
vote cast is counted. Last week, when this House overwhelmingly
approved my Motion to Instruct the Election Reform Conferees to produce
a Conference Report by October 4, 2002, the prospects for election
reform were still very much in doubt.
I congratulate my good friends Representative Steny Hoyer, Senator
Chris Dodd, Chairman Bob Ney, Senator Mitch McConnell, Senator Charles
Schumer, Senator Kit Bond, the Chair of the Congressional Black Caucus
Representative Eddie Bernice Johnson, Representative John Conyers,
Representative Maxine Waters, Representative Corrine Brown,
Representative Alcee Hastings, my other CBC Colleagues, and my South
Florida Democratic Colleagues Peter Deutsch and Robert Wexler on this
outstanding achievement.
From the day of the 2000 Presidential election catastrophe in Florida
and elsewhere to today, including last month's primary election fiasco
in Florida, I vowed that I would not rest until the Congress passed and
adequately funded a real election reform bill and the President signed
it into law. The Conference Agreement is an important step toward
achieving my goal. The next step is to honor our shared commitment to
adequately fund the implementation of this legislation through our
appropriations process so that we do not create an unfunded mandate for
the states.
As many of you know, I had a problem myself in last month's primary
election when I stopped by a library branch in my precinct to cast an
early vote. I was delayed from voting for more than 30 minutes because
the only computer available was not working and the election officials
on duty said that they couldn't verify that I was an eligible voter. So
the need for election reform is not some abstract matter to me. It is
something real and very personal. When I said, ``No more Florida voting
problems'', I meant it. It remains extremely important to me to achieve
real election reform for my constituents before I conclude my
congressional service.
Mr. Speaker, the Conference Report is an historic achievement,
certainly the most important piece of election and voting rights
legislation since the Voting Rights Act of 1965. It will mean millions
of dollars in Federal assistance to Florida and every other state and
will go a long way toward making voting rights problems, such as those
that occurred in Florida, a thing of the past.
The Conference Report contains such important protections as
provisional voting, 2nd-chance voting, privacy in voting for voters
with disabilities, statewide computerized lists of registered voters,
and uniform and nondiscriminatory standards for counting ballots so
that your chance to have your vote counted will not depend on where you
live. It also authorizes $3.8 billion in funding over the next three
years to help states replace and renovate voting equipment, train poll
workers, educate voters, upgrade voter lists, and make polling places
more accessible for the disabled.
When this Conference Report becomes law, no qualified voter can ever
again be turned away from the polling place without first being offered
the opportunity to cast a provisional ballot. Voters will be able to
correct their ballots easily if they make a mistake and vote for the
wrong candidate, or nullify their ballot by voting for too many
candidates.
Mr. Speaker, this is not a perfect bill. Like virtually every
Conference Agreement, the Conference Report is the product of
negotiation and compromise. As a result, it contains some provisions
from the Senate bill, like the voter ID requirements for first time
voters and the related and redundant citizenship check-off declaration,
that would not be in the bill if I alone had been able to draft it.
Some civil rights organizations have expressed their concerns that
the voter ID provisions and the citizenship check-off requirement could
have a discriminatory and disproportionate impact on those prospective
voters, such as racial and ethnic minorities, students, the poor, and
people with disabilities, who are substantially less likely to have
photo identification than other voters. Given my commitment to voting
rights, I take these concerns seriously, but, they do not affect my
support for this Conference Report.
To address the concerns about voter ID, I urge the Election
Assistance Commission to be established by this Conference Report to
carefully monitor the implementation of the voter ID requirements by
the states so that the Commission may make recommendations for further
reform if it uncovers evidence that these requirements are interfering
with the opportunity of any qualified voter to vote and have his vote
counted.
Mr. Speaker, when the House and the Senate approve this Conference
Report and the President signs it, and we fully fund its
implementation, we will take an enormous step toward ensuring that all
qualified voters receive an equal right to vote and to have their vote
counted.
I urge all my Colleagues to support this Conference Report.
[[Page H7849]]
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro), assistant Democratic leader, outspoken
strong fighter for a citizen's right to vote, have that vote counted,
an extraordinarily effective worker on behalf of the passage of this
bill.
Ms. DeLAURO. Mr. Speaker, I rise in strong support of this
legislation and thank those who have made it possible.
Not long ago we took our right to vote for granted, but what occurred
in Florida 2 years ago and again last month reminded all Americans how
very sacred that right is. The right to vote is a cornerstone of our
democracy, the most basic and most essential expression of citizenship.
When that right is put into doubt, when citizens cannot know that a
ballot cast is a ballot counted and that their unique voice has not
been heard, it undermines confidence of our entire political system as
well as the government formed on the foundation of our ballots.
People must simply have the confidence that their vote counts. That
is what this legislation is about. It authorizes nearly $4 billion
during the next 3 years to modernize our equipment, poll worker
training, voter education, improved voter lists, improved voter access,
provisions that would alert voters to improperly marked ballots like
those we saw during the last presidential election. It goes a long way
toward restoring the integrity of our electoral system.
Our work is not done. We must make sure that the funds for this bill
are not merely authorized but appropriated so that this historic
legislation does not become just another empty promise. At a time when
American leadership in the world is critical, following through
reforming on our election system is simply too important to address
halfheartedly.
I am proud to support it.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson-Lee), a member of the conference committee who
succeeded Barbara Jordan in her seat, an extraordinary fighter for our
Constitution and for our people, and she is following in that
tradition.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished
gentleman from Maryland very much for yielding me the time.
The gentleman from Maryland (Mr. Hoyer) did stay the course and the
gentleman from Ohio (Mr. Ney), the chairman and the gentleman from
Michigan (Mr. Conyers), and to be admonished, I know I will be, Senator
Dodd. The work that they all have done has brought us to this place.
When I went to Florida, I saw many people in the aftermath of the
2000 election as we sought the recount; and they were minorities, they
were elderly, they were Jewish Americans, they were Hispanic Americans.
They were Americans, and each of them said that their vote had not been
counted.
Today, let me thank my colleagues because we do have the civil rights
act of the millennium but, more importantly, the most historic piece of
legislation since the Voter Rights Act of 1965 which helped create the
seat that Barbara Jordan held in this United States Congress.
So I am very gratified that we will now have provisional balloting.
We will now have State-wide registration. We will now have the ability
for disabled individuals to access the voting place. We will now have
the ability for funding so that we can get rid of punch cards and we
can get rid of paper ballots if the communities desire to do so.
Might I say that I am very grateful as well that the thousands of
people who have been purged from the rolls now will have language in
this legislation that they must have notice before they are purged. I
am grateful that that particular provision that I desired to get in in
working with the advocacy groups, we were able to clarify it. Because
thousands of persons were purged off the rolls without knowing in the
State of Texas, and thousands were purged off in the State of Florida.
We have much work to do.
I am opposed to the photo ID. I am opposed to discriminating against
people because they are Hispanic or ethnic minorities. The photo ID,
let us work on that.
This is a great bill, and I offer my support, but there is more work
to be done.
Mr. Speaker, first, I would like to thank Mr. Hoyer, Mr. Conyers, Mr.
Dodd in the Senate, Mr. Hall and Mr. Barcia of the Science Committee
I rise in support of the Help America Vote Act, although there are
issues that should still be resolved. After the election debacles of
the past two years, I had hoped that we could have produced a perfect
solution to the problems that plague our voting systems. Unfortunately,
we did not. But I feel that that should not keep us from passing this
landmark piece of legislation. This is a major civil rights initiative
of this century.
The bill we have before us takes a great stride toward giving the
American people the fair and efficient system of voting that the
American people deserve, but it should not be the final step. Even
after this Act is signed into law, as I assume it will be, we must
continue to be vigilant--looking for obstacles that disenfranchise
legal voters, and removing those obstacles.
As a Member of the Judiciary Committee and of the Science Committee,
I have been actively involved in the development of this bill. Indeed,
I served as a conferee on several parts of the legislation. In it,
there is much in it to be pleased with. Voting is the cornerstone of
any democracy, and must be above all suspicion. Every vote should be
counted to ensure that every voter is being heard.
One excellent provision of this bill is that it follows the
recommendation of the National Commission on Election Reform by taking
full advantage of the expertise and experience at the National
Institute of Standards and Technology (NIST). NIST has long been
reporting on voting standards and technologies, and should be the
perfect group to direct and coordinate efforts to develop performance-
based standards for voting equipment. Such standards will improve the
accuracy, integrity, and security of our polling systems.
When this bill first came out of conference, it included language
that would have forced any state employing these standards to pay
royalties to the company that developed it, although those standards
were developed with taxpayers funds. Thanks to a well-coordinated,
bipartisan effort by us conferees from the Science Committee, this
language was removed. We also ensured that once standards are created,
that NIST will also be charged with accrediting the labs that will
certify election equipment, to make it more likely that smart plans
will translate into real benefits.
Other victories have come in the field of purging of registered voter
lists. Although purging of voter-rolls, may be a well-intentioned
attempt to remove inappropriate votes from being cast--such purging has
rarely, if ever, been done effectively and fairly. Done improperly,
purging can be an expensive tool for discrimination or mistreatment.
Consistently through the history of our nation, purging has been a
mechanism for silencing minorities, and the socio-economically
disadvantaged.
In Florida alone, thousands of eligible voters have been
misidentified as being as felons who are unable to vote: 3,700 before
election 1998, and 11,000 before election 2000. There is no reason to
think that this is a Florida-specific problem. This means that perhaps
hundreds of thousands of American citizens, living in the richest
Democracy in the world, are having their fundamental right to vote
stripped due to clerical errors. This is absolutely unacceptable. I
have fought to preserve language in this bill that will ensure that
voters are not unfairly purged from the voting rolls. In Texas
thousands of voters were purged from the rolls without notice. The
language I insisted on adding requires notice to be given to the voter
and two federal elections to occur before that voter would be purged.
I know that this is a somewhat contentious piece of legislation. I
had hoped that election reform would draw us all together in the name
of reaffirming the principles of democracy. There are several groups,
whose opinions I deeply respect, who feel we should reject this bill
because it is not perfect. They are, as I am, concerned that some
provisions--such as the reliance on driver's licenses and social
security numbers and utility bills as forms of identification--could be
used to disenfranchise the elderly, the disabled, the homeless, racial
and ethnic minorities who might not have such documentation. This would
bring about a disproportionate burden on voters who deserve to vote and
have their vote counted.
We are also worried that simple errors in filling out registration
forms--such as the failure to check a box, or to supply a driver's
license number--could jeopardize a person's ability to vote. Such
restrictions could significantly hamper the efforts of get-out-the-vote
campaigns that enable hundreds of thousands of Americans to take part
in the Democratic process each election year. There will always be a
balancing-act between making it easy for people to vote, and making it
difficult for people to commit voter-fraud. Although it is not perfect,
I feel the present bill is a decent compromise.
[[Page H7850]]
As the world's greatest Democracy, we must ensure that our elections
meet the highest standards of integrity. Pushing the cause of Democracy
is primary part of our foreign policy. The eyes of the world are upon
us every two years as Americans go to the polls. It is a disservice,
not only to the American people, but to all people around the world who
aspire to our level of freedom--when we sink to the lows that were seen
in Florida in 2000, and again this year.
The Help America Vote Act of 2002, will set the bar for our
elections, and election-systems of the future. We should always seek to
raise that bar as technology improves and obstacles are recognized.
However, with elections upcoming, now is the perfect time to
demonstrate our commitment to progress in making each vote count. Mr.
Speaker, I support the Help America Vote Act, and urge my colleagues to
do the same, and look forward to the bill being fully funded.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Illinois (Ms. Schakowsky), a member of the Waters Commission on which I
also had the opportunity to serve.
Ms. SCHAKOWSKY. Mr. Speaker, I want to congratulate the gentleman
from Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for
succeeding in bringing forward an election reform bill that will help
move our election system into the 21st century. I thank the gentleman
from Maryland (Mr. Hoyer) for making this a top priority and
relentlessly fighting for its passage.
I had the privilege of being one of the vice chairs of the Democratic
Caucus Special Committee on Election Reform under the able leadership
of our chairwoman, the gentlewoman from California (Ms. Waters), who
tirelessly traveled the country holding many hearings. From young and
old voters, people of color and with disabilities, we heard a clear
message. Without minimum election standards and a commitment of Federal
dollars, voters will continue to be disenfranchised and history doomed
to repeat itself.
I am particularly pleased that this legislation includes a crucial
proposal similar to legislation I introduced last year, the Provisional
Voting Rights Act of 2001. Under provisional voting, duly registered
voters can feel confident that if their name does not appear on the
registration list they will be permitted to vote. They will not have to
go to a police station or leave the polling place in order to get their
provisional ballot.
Any meaningful election reform proposal must include this measure and
the Help Americans Vote Act does.
{time} 2145
It is not perfect, but it will bring us closer to ensuring that every
citizen can vote and every vote will be counted.
Mr. HOYER. Mr. Speaker, I yield myself the balance of my time.
We come now to the end of this debate. It has been a short debate,
too short a debate; but it has been a long road from November 2000 to
today. It was a road taken by many people.
Paul Vinovich, the chief counsel of our committee, Chet Kalis, who
has done an extraordinary job on this bill and was one of the anchors,
in my opinion, as we worked through this bill. Roman Buehler, who had
strong contributions to this bill and a great knowledge that he brought
to the consideration of this bill. Pat Leahy, who did an extraordinary
job himself. Matt Petersen, Maria Robinson, Keith Abouchar, Dr.
Abouchar, of my staff, who from the very first of this bill has worked
daily on its provisions. Len Shambon, Bill Cable, Matt Pinkus, Noah
Wofsy, Bob Bean, Neil Volz, who are no longer with us; and Beth Stein,
who now works in the Senate.
All of these staffers have played an extraordinary role.
Mr. Speaker, I acknowledged earlier the Speaker of the House. I want
to acknowledge the gentleman from Missouri (Mr. Gephardt), who was
steadfast in his support of this process and whose help was absolutely
critical to the final product and who met with the gentleman from Ohio
(Mr. Ney) and me when we requested him to do so to discuss how we could
move this bill forward.
And then, Mr. Speaker, let me say to the gentleman from Florida (Mr.
Young), who is on the floor here today, that the gentleman from the
State of Florida, the chairman of the Committee on Appropriations, my
dear and close friend, one of the giants of this institution, his
commitment to funding this legislation was and is absolutely critical.
He and the Speaker have been extraordinarily supportive. And now we
come to a challenge to get the $2 billion that we are going to need for
this year and the $1 billion after that and the $1 billion after that
to ensure that this is not an empty promise.
Mr. Speaker, there are two bills I think that when I end my career I
will look back on as being the most important bills in which I was
involved: one that I had the privilege of sponsoring, the Americans
with Disabilities Act, and this bill I have had the privilege of
cosponsoring with my friend, the gentleman from Ohio (Mr. Ney).
There was an article in the paper just a few days ago talking about
the gentleman from Ohio and me and our relationship and how we worked
together in a nonpartisan fashion. Not in a bipartisan fashion, but in
a nonpolitical, nonpartisan fashion, knowing full well that Americans
expect us to work together to make sure this institution works as well
as it possibly can, with fairness to all 435 Members. I am blessed by
the fact that the gentleman from Ohio is committed to that objective
and he runs an open, fair, and effective committee. I am pleased and
honored to be his colleague.
I want to say as well that I am honored to have served in this House
that has come to this day in a bipartisan fashion. When the roll is
called, we are going to see the overwhelming majority of Republicans
and the overwhelming majority of Democrats vote to ensure that every
American not only has the right to vote but will be assured that this
greatest of democracies will ensure that every individual, high or low,
black or white, rich or poor, will be assured that their vote will
count.
Mr. NEY. Mr. Speaker, I yield myself the balance of my time.
It has been said that this bill will make it easier to vote and
harder to cheat, and that is true; but this bill goes way beyond a
simple phrase, and I want to thank everybody that has made this bill
possible.
I want to thank the people who worked on the Ford-Carter Commission,
obviously, Presidents Ford and Carter. Their commission performed a
tremendous service and their recommendations had a profound effect. I
had the pleasure 2 days ago to be able to talk personally to Presidents
Ford and Carter, and they expressed their tremendous support for this
measure and their thanks to the Congress for passing it.
I want to thank the members of the conference committee. First, of
course, the gentleman from Maryland (Mr. Hoyer). If it were not for the
gentleman from Maryland, and he came to me and he proposed the ideas
and he had a vision, if it were not for him, we simply would not have
had the product in the direction obviously out of the House to be where
we are at today, and I want to thank him for his integrity. He is a
distinguished ranking member. He heeded the call to make elections
work, to restore the faith in our system; and without his persistence
and gentle persuasion at critical moments, this bill would not have
been possible. And I want to thank him for what he has done for his
country and for the citizens.
I want to recognize the gentleman from Michigan (Mr. Ehlers), who
provided invaluable support for the scientific end of it; the gentleman
from New York (Mr. Reynolds), whose concern over the rights of military
and overseas voters are strongly reflected in this bill; the gentleman
from California (Mr. Doolittle), who insisted on strong anti-fraud and
privacy protections; the gentleman from Arizona (Mr. Stump) and the
gentleman from New York (Mr. McHugh), from the Committee on Armed
Services, who helped to make this bill a landmark piece of legislation
for military voters; the gentleman from Illinois (Mr. Kirk).
And although he is not a conferee, I want to especially mention the
gentleman from Indiana (Mr. Buyer), whose detailed input on the
military voting issue significantly improved the bill. The gentleman
from California (Mr. Thomas) and the gentleman from Florida (Mr. Shaw),
from the Committee on Ways and Means, should be given the credit for
crafting the provisions to protect voter privacy. The gentleman from
New York (Mr. Boehlert)
[[Page H7851]]
and the gentlewoman from Maryland (Mrs. Morella) made sure also that
the voice of the scientific community came through.
I also want to pay special tribute to the gentleman from Missouri
(Mr. Blunt), the chief deputy whip, whose advice and guidance through
the process based on his experience as the Missouri Secretary of State
was essential to the final compromise.
I also want to thank the Members on the minority side who served on
the conference committee: the gentleman from Pennsylvania (Mr. Fattah),
the gentleman from Florida (Mr. Davis), who are tremendous Members. We
are very blessed on House Administration, on both sides of the aisle,
to have such terrific members: the gentleman from Missouri (Mr.
Skelton) and the gentleman from Michigan (Mr. Conyers), who gave advice
and who was always willing to be there; the gentleman from Michigan
(Mr. Barcia); the gentlewoman from Texas (Ms. Jackson-Lee); the
gentleman from New York (Mr. Rangel); and the gentleman from Rhode
Island (Mr. Langevin), whose support on the disabilities issue was
tremendous; the gentlewoman from Texas (Ms. Eddie Bernice Johnson), who
always was concerned through the whole process to be part of it; and
many other Members, Mr. Speaker.
I especially wanted to thank also the gentleman from Missouri (Mr.
Gephardt), who met with the gentleman from Maryland (Mr. Hoyer) and me,
and also I want to thank the Speaker of the House, the gentleman from
Illinois (Mr. Hastert), whose unwavering support through the past 2
years kept this process on track and has gotten us to where we are
today. He had the commitment and the faith this could be done. And Mike
Stokke, his staff member.
I want to thank the groups whose efforts and support made this
possible: the National Association of Counties, including their staff,
Ralph Tabour; the National Association of Secretaries of State,
including our Secretary of State Ken Blackwell of Ohio, who picked up
the phone on the first day after the gentleman from Maryland (Mr.
Hoyer) and I got together and said he wanted to be a part of the
process to help, through the Secretaries of State; Ron Thornburg, past
president of NASS, Secretary of State for Kansas; also Sharon Priest,
Secretary of State of Arkansas, valuable input, and their executive
director, Leslie Reynolds.
The National Conference of State Legislatures, NCSL, including
Speaker Marty Stephens from Utah and staff Susan Parnes-Frederick. The
Election Center and their executive director, Doug Lewis. The National
Federation of the Blind, including their staff Jim McCarthy. The
National Commission on Federal Election Reform, executive director
Phillip Zelikow.
And I want to mention our staff for their extraordinary, and I mean
extraordinary, efforts. People talk about conference committees. There
were discussions and they started at 10 a.m. and they ended at 3:15 and
then started the next day at 8 a.m. and they ended at 2:15. There was a
great deal of time put in on a very technical bill.
But I want to thank, from the Committee on House Administration, Paul
Vinovich, our staff director, Chet Kalis, Roman Buhler, Matt Petersen,
Pat Leahy, Maria Robinson, Chris Krueger, and also Will Heaton, our
chief of staff of our personnel office, who kept that going. Not with
us today, Neil Volz, who was originally in the process, and Jim Forbes,
who was press secretary then, and our current press secretary, Brian
Walsh. All of them had an integral part in making this happen.
For the gentleman from Maryland (Mr. Hoyer) and the staff of the
Committee on House Administration, Bill Cable, Keith Abouchar, Lenny
Shambon, all were extremely valuable.
Mr. Speaker, I want to thank my wife, Liz, and my son, Bobby, and my
daughter, Kayla, for putting up with me not spending enough time with
them in the last couple of weeks.
Also the staff of Senator Chris Dodd: Kennie Gill and Ronnie
Gillespie and Sean Marr. The staff of Senator Mitch McConnell: Brian
Lewis and Leon Sequeria. For Senator Kit Bond: Julie Damman and Jack
Bartling. And especially legislative counsel Noah Wofsy for the House
and Jim Scott for the Senate.
From the Senate side, there is no question the integrity, the desire,
the vision, the perseverance of Senator Dodd. If it were not for that,
we also would not be here tonight. He has done something that will live
on for a long time, also along with the other two Senators, Mitch
McConnell and Kit Bond.
As I said at the beginning of this process, Mr. Speaker, so many
months ago, that for this effort to succeed we would have to be doing
it in a bipartisan manner. We are about to witness the realization and
fulfillment of that prediction.
I am grateful to my friends on the other side of the aisle, as well
as on the other side of the Capitol, for their willingness to put
partisanship aside and work together to produce this much-needed piece
of legislation for the American people.
The United States of America is the world's greatest democracy. We
need an election system that is worthy of that legacy. This bill will
give us an election system that all Americans can have pride in.
Langston Hughes, the poet, wrote, ``Dream your dreams, but be willing
to pay the sacrifice to make them come true.'' Our veterans have
sacrificed with their blood, from the beginning of this country through
the revolution, to make sure we can be here tonight to debate and argue
all these points that are important to us. And on top of that, people
died to get the right to vote in this country. We cannot forget that.
So, therefore, this bill is important. This is the bill that is going
to produce, long after we are gone, the results that we need to have
faith in the system.
In closing, Mr. Speaker, we talk about what we can do for our
constituency, and there are a lot of issues. We debate important
issues, such as if we are going to go to war or not, and issues
important to our domestic agenda. But people have to be here to be able
to vote on those issues. They have to be elected at all levels
throughout the United States. And the greatest gift we can give, as
Members of this House tonight, the greatest gift we can give to our
constituency is to vote for this measure and take back to our
constituency the ability to have them have faith in the system; a
knowledge that tonight America did her work on the floor of this House,
as boards of elections do their work every single election across our
great country.
And also Members can take the gift back to their people that tonight
the body politic worked for the good of the people. The body politic
did something that, again, long after we are gone, people will benefit
from. Tonight America shines. We need everyone's vote and support.
Mr. DAVIS of Illinois. Mr. Speaker, I wish to express my support for
the conference bill on election reform, H.R. 3295. Members of both
parties have worked very hard to reach agreement on this measure over
several months. Although I am concerned that some of the bill's
provisions relating to voter identification will not make it easier for
new voters to cast their ballots, I believe this legislation represents
significant progress in addressing the problems we witnessed in our
last national election.
I am especially pleased that the language in this bill relating to
the accessibility of voting systems for people with disabilities
reflects the stronger provisions for participation outlined in Mr.
Langevin's July 9 motion to instruct, which I and several of my
colleagues cosponsored.
Thanks to Mr. Shimkus and Mr. Ehrlich for their help in making the
conferees aware of the importance of these provisions. Their
recognition that this bill must ensure people with disabilities will be
able to exercise their fundamental right to cast a secret ballot
demonstrates that full participation in the electoral process by all
Americans is truly a bipartisan concern.
I commend the members of the conference committee for their work on
this bill and I urge its passage.
Ms. SOLIS. Mr. Speaker, I rise to express my concerns about the Help
America Vote Act Conference Report, H.R. 3295. I am pleased that this
conference report includes provisions that help voters in the greater
Los Angeles area. For example, it provides money for the upgrade of our
voting system. This will greatly assist the Los Angeles County
Registrar Recorder and County Clerk transition out of the punch-card
voting system.
However, I'm disappointed that this conference agreement also
includes provisions that can lead to the disproportionate
disenfranchisement of our Nation's minority voters. It requires first-
time voters who register by mail
[[Page H7852]]
to bring current photo identification to the polls or a copy of a
current utility bill, bank statement, paycheck, or other government
document that shows the name and current address of the voter. Our
Federal courts have recognized that the use of a photo ID causes a
disparate impact on ethnic and racial minority communities.
Nevertheless, the photo ID requirement is still part of this bill.
Also problematic is the variation in consequences for failing to meet
presumably equal voting prerequisites--being a citizen and being over
the age of 18. Unfortunately, this bill has harsher consequences for
voters who inadvertently forget to check a box affirming their
citizenship than for voters who forget to certify they are 18 or older.
This may lead to the disenfranchisement of voters who are English
language learners or new to the voting system, including Latinos and
Asians.
In addition, I am concerned about the provision that restricts access
to information about provisional ballots to the individual who cast
that ballot. Unquestionably, the confidentiality of votes cast as well
as personal information should be protected. But information about
provisional ballots such as where they were issued, should not be
hidden from commissions that review and ensure fair voting. Based on
this provision, it is unclear if commissions would have full access to
information that would help them determine any inconsistencies in the
provisional voting process.
While this bill is called the Help America Vote Act, I am afraid it
may not help the fastest growing population in America--Latinos--vote.
Mr. HOLT. Mr. Speaker, I support the Help America Vote Act and
applaud Representatives Hoyer and Ney for their good work on this
legislation.
The turmoil surrounding the 2000 Presidential election showed our
Nation that we need to improve the instruments of voting and the means
of electing our office holders. Even the Supreme Court Justices spoke
of the need for uniform voting procedures. This bill does much to
advance democracy.
Many of the problems with our electoral process lie in the
disparities of our voting system. For instance, while some counties
have modern voting machines that leave little room for error, others
use dated punch-card ballots that can lead to the now-famous hanging
and dimpled chads. In fact, studies show that 18 percent of Americans
vote using technology that prevailed around the time Thomas Edison
invented the light bulb. And nearly 33 percent of Americans vote by
punching out chads, a system implemented during the Johnson
administration. Yet many States and localities continue to use these
outdated systems because of the exorbitant cost to replace them.
This bill takes many important steps towards that much-needed
electoral reform. The Help America Vote Act would create the Election
Assistance Commission and authorizes studies to analyze issues ranging
from ballot design to voter accessibility.
However, this legislation goes beyond studies and agencies. It would
authorize over $400 million to buyout existing punch card voting
devices from states and counties. Moreover, this legislation will
provide $2.25 billion to establish and maintain more accurate voter
registration lists.
The bill also establishes minimum standards for State election
systems. These standards include uniform means for determining what
constitutes a vote on different types of equipment, sets new standards
to accommodate individuals with disabilities, gives voters the
opportunity to correct voting errors, ensures that uniformed and
overseas voters have their votes counted, and requires more accurate
registration lists.
Moreover, this bill authorizes the Attorney General to monitor and
enforce these standards.
I am happy to support this bill as a step ahead in civil and voting
rights.
Mr. BOEHLERT. Mr. Speaker, I rise in strong support of the Help
America Vote Act, a bill that is the product of many days and nights of
hard work on both sides of the aisle and both Houses of Congress. It is
the product, too, of the collaborative efforts of the Science Committee
and the House Administration Committee.
This bill is a carefully constructed compromise. It expands the right
to vote by requiring that states allow provisional voting. It includes
commonsense measures to prevent fraud. And, by providing over $3
billion to States to buy out antiquated voting machines, train poll
workers, educate voters, and improve the administration of Federal
elections, the bill helps ensure that fiscally strapped States and
localities will still be able to meet the tough requirements the bill
imposes.
But perhaps one of the most fundamental reforms--taken from
provisions passed by the Science Committee last year--is the
improvement the bill makes in the way technical standards are developed
for voting equipment. Most Americans pay no attention to this arcane
field of technical specifications, tolerances, and error rates--and
that's as it should be. For when it goes right, no one notices.
But when it goes wrong--when the chads of punch card ballots don't
align correctly, or when electronic voting machines automatically shut
down before the polls are supposed to--the entire world quickly becomes
all too familiar with its technical vocabulary.
Strong technical standards will become even more important as the
country strives to live up to the new requirements of this bill,
especially the requirement that each state compile a computerized
database of all its registered voters. Such lists will surely make vast
improvements in how America votes, but if they are not also to expose
us to the misdeeds of hackers and other cyber criminals, we must
develop robust computer security standards to protect these systems.
I want to thank Mr. Ney, the chairman of the House Administration
Committee, for his hard work on crafting this bill and his willingness
to include provisions of the Science Committee's to strengthen the way
critical, but often overlooked, voting equipment standards are
developed.
I urge my colleagues to support this important bill.
Mrs. JONES of Ohio. Mr. Speaker, I rise to talk about a piece of
legislation that, if passed, will remove the barriers that have blocked
many American citizens' right to vote. If Congress agrees to the
passage of H.R. 3295, the Help America Vote Act of 2002, antiquated
machines will be replaced, adequate assistance will be provided for our
Nation's elections, nondiscriminatory and uniform requirements would be
enforced, improved military and overseas voters ballot access will be
provided, and the opportunity for young Americans to be involved in the
voting process will be established.
Without legislation that helps Americans to have their vote count,
barriers of participation will continue to plague many of our
communities, and; therefore, increase the growing number of outdated
voting equipment, alleged intimidation by police and lack of
translators, as mandated by law.
As recent as the last Presidential election, the National Association
for the Advancement of Colored People, NAACP, requested an
investigation into the voting practices. The 14th amendment, which
ensures equal protection under the law, was the basis for the Supreme
Court's decision not to allow recounting in Florida. Ironically, an
amendment designed in 1866 to protect the rights of minorities was used
to protect a system which disenfranchised them in 2000.
It is also interesting that in addition to the votes that were not
counted in Florida, there were voting irregularities in the 11th
Congressional District of Ohio. Thousands of voters on the mostly
African American east side of Cleveland, OH, went to vote, only to be
turned away. Because of a 1996 State law cutting Cleveland precincts by
a quarter, their polling places had been changed. The Cuyahoga County
Board of Elections said that it sent postcards to registered voters
telling them of the switch. But of 85 African Americans who were asked
about the postcards during 2\1/2\ days of interviews done by the Los
Angeles Times, only one said he received notification.
``I never got a card, never,'' said Francis Lundrum, an East
Cleveland native. He said he bellowed at an election worker: ``I am a
veteran of the United States armed forces! I want to vote!''
It did no good.
Lundrum and the others who were turned away should have been given
provisional ballots, to be certified later. Among those who did not get
a voting ballot was Chuck Conway, Jr., who stated, ``I think there was
some stinky stuff going on.''
As a U.S. Representative, it truly saddens me to hear of voting
irregularities, not only with my constituency, but to all who were not
afforded the right to have their vote count. I urge my colleagues to
seriously consider what will happen to the future of our democratic
process if we do not pass this sensible piece of legislation. It is my
hope that for our next general election cycle, Americans can proudly
say that every vote does count. I urge my colleagues to vote in favor
of H.R. 3295.
Ms. McCARTHY of Missouri. Mr. Speaker, I rise in support of the
conference report on H.R. 3295, the Help American Vote Act. I
wholeheartedly endorse the meaningful collaboration of the bipartisan
group, led by my colleagues Congressman Ney and Congressman Hoyer.
The Help American Vote Act corrects the mistakes with our election
system that were highlighted in the aftermath of the 2000 election. I
have seen firsthand the challenges inadequately equipped polling places
and poorly trained poll workers pose to our communities. This measure
will go far in ensuring everyone's right and access to a vote.
I introduced bipartisan election reform legislation to establish a
federal grant program to provide assistance to States for modernizing
[[Page H7853]]
and enhancing voting procedures and administration. The substantive
changes that my legislation proposes are contained in the detailed
election reform conference report we will pass today. I applaud this
bill because it provides states with both the standards and the funding
to make real election reform happen. This legislation authorizes $3.0
billion over 3 years--for a grant program administered by the
commission to help States meet election requirements, train poll
workers, provide voter education, and administer elections.
The Help American Vote Act also requires States to abide by uniform
and nondiscriminatory requirements, such as providing provisional
ballots, implementing statewide voter registration databases and
ensuring that each precinct has at least one machine that is accessible
to the disabled. It also establishes an Election Assistance Commission,
a bipartisan commission that will issue voluntary guidelines, issue
grants, and administer research grants, and pilot projects.
Mr. Speaker, this bill would provide the most meaningful reform to
our democratic election system since the civil rights laws were enacted
in the 1960s. It is time to pass real election reform, time to Help
American Vote. This legislation will restore the confidence of the
American people in our election process and encourage all citizens to
take part in one of the paramount processes that defines us as a
nation. Strengthening our election system strengthens our democracy.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this conference
report.
Mr. VITTER. Mr. Speaker, I rise in support of the election reform
conference report before us today.
I have strongly advocated election reform in my home State of
Louisiana in the past and continue to do so here in Congress. I am
pleased that this legislation is a strong step toward correcting many
of the flaws in the current system.
Following the 2000 election, I was incensed that there would be any
attempt by political operatives to disenfranchise our brave men and
women in the Armed Services overseas. In response I introduced
legislation to remedy the situation, and am pleased to see the
conference report takes important measures similar to the ones I
proposed to ensure military overseas ballots are counted. Our service
personnel deserve no less.
I applaud the efforts of the conference to address the issue of voter
fraud as well. Statewide voting lists, presenting identification when
voting, purging names from lists for those that do not vote, and
strengthening penalties for those convicted of voting fraud will all
help States deal with the problem of vote fraud, which is an assault on
our democratic system.
Lastly, I would like to commend the conferees for their work in
helping ensure that the disabled have access to voting machines in each
precinct. Voters should never be disenfranchised because of any sort of
disability and I now hope Congress will follow through with funds.
I would like to commend Chairman Ney, who met with me on a number of
occasions to work on a variety of election reform issues, as well as
Ranking Member Hoyer and all the conferees that worked out this
compromise.
I urge my colleagues to support the election reform conference
report.
Mr. HASTINGS of Florida. Mr. Speaker, I rise in strong support of the
conference report of H.R. 3295, the Help America Vote Act.
I begin by thanking my good friend from Maryland, Mr. Hoyer, for
keeping this issue at the forefront of this body's agenda. Given the
daunting task of bringing this conference report to the floor, the
gentleman from Maryland has remained the voice of justice for the tens
of thousands of Americans who had their right to vote stolen from them
on Election Day 2000. I thank him for his work and leadership on this
issue and so many others.
Additionally, I commend the chairman from Ohio, Mr. Ney, for his
continued efforts to get this bill to the floor. Even while Members of
the chairman's own party were fighting against this bill and the
President still refuses to make election reform a priority, I have
never doubted the chairman's sincerity and resolve to get this bill
passed.
Mr. Speaker, 628 days have passed since Election Day 2000 and, until
today, Congress has remained largely silent. Just last month, in
Florida, my constituents reaped the first-hand benefits of Federal
inaction. On November 5, voters throughout this country will be
returning to the same broken election system of 2000 because it took
Congress nearly 2 years to act.
So, while I will ultimately support this conference report, I cannot
come to the floor today with the same jubilation and admiration for
this bill that some of my colleagues have. Frankly, we should be
ashamed of ourselves. While we improved our homeland security, we
neglected the integrity of our democracy.
The conference report that the House is considering has many
qualities that hold true to the title's implication. That is, the bill
actually helps Americans vote. Improving voter accessibility,
establishing statewide voter registration lists, determining what
constitutes a vote, increasing voter education and poll worker
training, and providing States with the dollars to meet these
standards, are just a few of the good qualities of the report.
However, this bill is not perfect by any means. The ID provisions in
the report drastically alter voter registration and absentee voting
procedures. The inclusion of these provisions will ultimately
discourage and intimidate first-time and veteran voters alike. Further,
the opt-out until 2006 provisions provide States with an opportunity to
delay reform until after the next Presidential election. After the last
election, I expected these provisions to be removed. But they weren't.
Mr. Speaker, the passage of today's conference report is merely the
first step in true election reform. Congress must now put its money
where its mouth is and appropriate the $3.9 billion authorized in this
report. Unfunded mandates are just lip service, and States need our
help. If Congress fails to fund election reform in 2003, 2004, and
2005, then we can count on many states opting our until 2006. This
places the reliability of our election system in jeopardy for 4 more
years.
As I have said so many times before, we must never again find
ourselves questioning the methods by which we choose our elected
officials. Hopefully, we never will. After all, help is on the way--
though it may take a few years to get there.
I urge my colleagues to support the conference report.
The SPEAKER pro tempore (Mr. Simpson). All time for debate has
expired.
Without objection, the previous question is ordered on the conference
report.
There was no objection.
The SPEAKER pro tempore. The question is on the conference report.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HOYER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 357,
nays 48, not voting 26, as follows:
[Roll No. 462]
YEAS--357
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barrett
Bartlett
Barton
Bass
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop
Blumenauer
Blunt
Boehlert
Boehner
Bono
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Calvert
Camp
Cantor
Capito
Capps
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Combest
Condit
Conyers
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Honda
Hooley
Horn
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, Dan
Miller, George
Mollohan
Moore
[[Page H7854]]
Moran (VA)
Morella
Myrick
Nadler
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reynolds
Riley
Rivers
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Schiff
Schrock
Scott
Serrano
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Terry
Thompson (CA)
Thompson (MS)
Thune
Thurman
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Upton
Visclosky
Vitter
Walden
Walsh
Waters
Watkins (OK)
Watson (CA)
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (FL)
NAYS--48
Barr
Becerra
Bonilla
Callahan
Cannon
Capuano
Coble
Collins
Cubin
Duncan
Everett
Filner
Flake
Gonzalez
Goode
Goodlatte
Gutknecht
Hoekstra
Hostettler
Istook
Jones (NC)
Kerns
Kingston
Lucas (OK)
Mica
Miller, Jeff
Moran (KS)
Napolitano
Otter
Pastor
Paul
Putnam
Rodriguez
Sabo
Schaffer
Sensenbrenner
Sessions
Smith (MI)
Souder
Thomas
Thornberry
Toomey
Udall (NM)
Velazquez
Wamp
Watt (NC)
Watts (OK)
Whitfield
NOT VOTING--26
Berman
Blagojevich
Bonior
Cooksey
Coyne
Dicks
Ehrlich
Ganske
Gutierrez
Houghton
Jenkins
King (NY)
Lipinski
Manzullo
Matsui
Miller, Gary
Murtha
Neal
Ortiz
Reyes
Roukema
Stump
Sununu
Taylor (NC)
Waxman
Young (AK)
{time} 2227
Messrs. COBLE, COLLINS, JEFF MILLER of Florida, CANNON, OTTER, WAMP,
FILNER, CAPUANO, WHITFIELD, SOUDER, HOEKSTRA, and Ms. VELAZQUEZ changed
their vote from ``yea'' to ``nay.''
Messrs. SAWYER, PETRI, GREEN of Texas, and OBEY changed their vote
from ``nay'' to ``yea.''
So the conference report was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Simpson). Without objection, the House
insists on its disagreement to the Senate amendment to the title.
There was no objection.
____________________