[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[Senate]
[Pages S9443-S9444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2818. A bill to amend the Help America Vote Act of 2002 to ensure 
the same requirements that apply to voters who register by mail also 
apply to voters who do not register in person with an officer or 
employee of a State or local government entity, and to provide for 
increased penalties for fraudulent registration in cases involving 10 
or more violations; to the Committee on Rules and Administration.
  Mr. DOMENICI. Mr. President, the 2004 election is quickly 
approaching, and all Americans must be assured that when they cast 
their ballots, they will do so with the knowledge that the United 
States has done everything possible to ensure the election will be 
fair. Therefore, I rise today to introduce a commonsense election 
reform bill that will amend the law to add additional simple steps that 
will help ensure the integrity of the voting process and increase 
criminal penalties for those who knowingly and willfully commit fraud 
in voter registration.
  There is a recent court decision in New Mexico that has taken the 
plain reading of a very clearly written statute and has turned it on 
its head. The statute says:

       (4) a statement informing the applicant, that: (a) if the 
     form is not submitted in person by the applicant and the 
     applicant is registering for the first time in New Mexico, 
     the applicant must submit with the form a copy of a current 
     and valid photo identification, utility bill, bank statement, 
     government check, paycheck or other government document that 
     shows the name and address of the applicant--

  I stress again, ``in person.''

       (b) if the applicant does not submit the required 
     identification, he will be required to do so when he votes in 
     person or absentee.

  I submit the statute could not be clearer. However, in a bizarre 
contortion of logic, the New Mexico Secretary of State has determined 
that a third party can register 10, 100 or 1,000 voters. As long as 
that third party shows up in person at the county clerk's office, the 
actual voter does not have to show identification. Have we ever heard 
of anything more ridiculous?
  I believe the root cause of this problem is the recent proliferation 
of 527s that have begun to pop up throughout the country, largely 
uncontrolled and unregulated. These 527s have taken unlimited financial 
contributions from individual and other private sources to conduct 
voter mobilization drives and other activities. I am not against 
registering as many as we can, but this and the ruling seem to me to 
leave many voters to be unfairly treated because their vote may be 
wiped out by those who have not followed the State statute.
  While no one will argue against a laudable goal, as I indicated, of 
increasing voter registration and voter turnout, the unintended 
consequence of these activities I have described can be immense. The 
paid volunteers of these 527s are largely untrained, not familiar with 
communities in which they are working, nor are they familiar with the 
realities of election laws. In many cases, the volunteers are being 
paid by the number of people they are able to register. This has 
resulted in certain voters being registered two or more times at 
multiple addresses under multiple names.
  My hometown paper, the Albuquerque Journal, has published stories 
about minors receiving voter registration cards in the mail as well as 
stories about paid volunteers telling convicted felons they have 
unlimited ability to register and vote. County clerks have also said 
they have been inundated with thousands of incomplete or illegible 
forms.
  While no one can be sure of the exact effect of these 527s and what 
their effect will be on voter fraud in registration and in casting 
votes, the bill I am introducing today will amend the Help America Vote 
Act, called HAVA, by extending the identification requirements to 
individuals who have not themselves registered in person with their 
county clerk. In addition, it will enhance the penalties for 
individuals who knowingly and fraudulently register 10 or more people 
to vote.

  I know many people will believe my intentions in introducing this 
legislation are partisan. Skeptics will say my motive is political. But 
voter fraud is not about partisanship or politics; it is about 
fairness. Voter fraud is not a political act; it is a criminal act.
  Voting is the most important duty and responsibility of our citizens. 
Other reform issues have received a lot of attention, but I believe it 
is imperative to focus our attention on the fundamental issue of 
casting votes honestly and fairly. The Help America Vote Act, which we 
passed in 2002, and

[[Page S9444]]

the hundreds of new State laws that implement it fail to provide 
adequate uniform systems that verify voter identity, as I have 
indicated, or by court interpretation wipe out the protections that 
might be contemplated by clear and unambiguous statutes.
  Requiring a voter to provide identification prior to voting is not an 
unreasonable imposition, given the responsibility and possibilities 
that are attendant to not doing that are truly monumental. Simple and 
straightforward reforms, such as the one I am proposing, will make it 
easier to vote but harder to cheat. Showing the American public that we 
are serious about elections and those who might seek to do it 
improperly will go a long way toward restoring confidence in the 
registration and balloting process.
  I have already indicated that I sent the bill to the desk for 
appropriate referral.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2818

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.
       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic government ``of the people, by 
     the people, and for the people'' in which every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural 
     obstacles to voting.
       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a need to ensure that voter registration 
     processes fairly incorporate every eligible American seeking 
     to exercise the right to vote.
       (7) Participation in the electoral process is a fundamental 
     civic responsibility in which all eligible Americans should 
     be encouraged to actively participate.
       (8) There is a need to ensure that every eligible American 
     seeking to exercise the right to vote has access to the 
     electoral process through a uniform system of voter 
     registration that includes each voter's personal registration 
     with an appropriate State or local government election 
     entity.
       (9) Congress has authority under section 4 of Article I of 
     the Constitution of the United States, section 5 of the 
     Fourteenth Amendment to the Constitution of the United 
     States, and section 2 of the Fifteenth Amendment to the 
     Constitution of the United States to enact legislation to 
     address the equal protection violations that may be caused by 
     unfair voting systems.
       (10) Congress has an obligation to ensure that the States 
     and localities improve election administration and to ensure 
     the integrity of full participation of all Americans in the 
     democratic election process.

     SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON 
                   WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL 
                   GOVERNMENT ENTITY.

       (a) In General.--
       (1) Application of requirements to voters not registering 
     in person.--Section 303(b)(1)(A) of the Help America Vote Act 
     of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as 
     follows:
       ``(A) the individual--
       ``(i) registered to vote in a jurisdiction by mail; or
       ``(ii) did not register to vote in a jurisdiction in person 
     with an officer or employee of a State or local government 
     entity; and''.
       (2) Meaning of in person.--Paragraph (1) of section 303(b) 
     of such Act is amended by inserting at the end the following:
     ``For purposes of subparagraph (A)(ii), an individual shall 
     not be considered to have registered in person if the 
     registration is made by a person other than the person whose 
     name appears on the voter registration form.''.
       (b) Conforming Amendment.--The heading for subsection (b) 
     of section 303 of such Act is amended by inserting ``and Who 
     Do Not Register in Person'' after ``Mail''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 303 of the Help 
     America Vote Act of 2002.

     SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER 
                   REGISTRATION IN CASES INVOLVING 10 OR MORE 
                   VIOLATIONS.

       (a) False Information in Registering or Voting.--Subsection 
     (c) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 
     1973i(c)) is amended by inserting at the end the following: 
     ``In the case of any person who is found to have been in 
     violation of this section with respect to 10 or more voter 
     registrations, this section shall be applied by substituting 
     `$20,000' for `$10,000' and by substituting `ten years' for 
     `five years' with respect to each such violation.''.
       (b) Penalty Under National Voter Registration Act of 
     1993.--Section 12 of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg-10) is amended by inserting at the end 
     the following: ``In the case of any person who is found to 
     have been in violation of paragraph (2)(A) with respect to 10 
     or more registration applications, such person shall be fined 
     not less $500,000 ($1,000,000 in the case of an organization) 
     or shall be imprisoned not more than 10 years, or both, and 
     any such fine shall be paid into the general fund of the 
     Treasury as provided in the preceding sentence.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to violations occurring after the date of the 
     enactment of this Act.
                                 ______