[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Extensions of Remarks]
[Page E1859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INTRODUCTION OF THE VOTER PROTECTION ACT OF 2004

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                       Thursday, October 7, 2004

  Mr. CUMMINGS. Mr. Speaker, I rise today to introduce the Voter 
Protection Act of 2004. This bill would allow criminal prosecution of 
any individual, group, or organization that tries to mislead, 
intimidate, misrepresent or otherwise interfere with anyone exercising 
the right to vote. It would impose a fine, imprisonment for up to one 
year, or both against violators. I introduce this bill, because as the 
presidential election fast approaches, it is evident that there are 
concerted efforts to mislead or intimidate voters across the country, 
especially minority voters.
  A recent report entitled The Long Shadow of Jim Crow: Voter 
Intimidation and Suppression in America Today, (September 2004), 
coauthored by the People for the American Way Foundation and the NAACP, 
highlights efforts to intimidate and suppress minority voters around 
the country. It contains many recent egregious examples during this 
election cycle that illustrate the necessity for this legislation:
  In July 2004, Kentucky Black Republican officials joined to ask their 
State GOP party chairman to reject plans to place ``vote challengers'' 
in African American precincts during the upcoming election. (Source: 
Louisville Courier-Journal, 8/3/04).
  Just this summer, a Member of the Michigan State Legislature, 
Representative John Pappageorge, was quoted as saying, ``If we do not 
suppress the Detroit vote, we're going to have a tough time this 
election.'' Mr. Speaker, you may not be aware, but African-Americans 
comprise 83 percent of Detroit's population. (Source: Detroit Free 
Press).
  In South Dakota's June 2004 primary, Native American voters were 
prevented from voting after they were asked for identification, which 
they are not required to present under state and federal laws.
  In 2004 in Texas, students at Prairie View A&M once again are suing 
for the right to register to vote in Waller County--after being 
threatened with criminal prosecution by the district attorney. In fact, 
an earlier controversy had led to a lawsuit and a 1978 federal court 
order prohibiting the local registrar from treating Prairie View 
students differently from other county voters. (Source: Houston 
Chronicle, 2/6/04).
  These are glaring examples that demonstrate that the problems 
surrounding the 2000 presidential election in Florida were not a fluke, 
but symptomatic of a larger nationwide problem.
  I cite one other recent example from the press.
  The New York Times recently reported that police officers visited the 
homes of elderly African Americans in Orlando, Florida flaunting their 
guns and questioning them about their legal voter registration 
activities.
  Lastly, Mr. Speaker, I feel compelled to cite a not so long ago 
example of attempts to mislead voters in my own district:
  In Baltimore, Maryland, in the 2002 election, anonymous fliers were 
posted in several predominantly Black neighborhoods with the heading 
``URGENT NOTICE''. The flier listed the wrong date for Election Day and 
warned that parking tickets and overdue rent should be paid before 
voting. (Source: Baltimore Sun, 11/6/02).
  I think my colleagues can see the pattern of suppression, 
misrepresentation and intimidation, especially in ``high stakes'' 
elections--it is both obvious and atrocious.
  Mr. Speaker, as the men and women of all backgrounds in our armed 
services fight abroad to promote democracy in Iraq and Afghanistan, it 
is absolutely unconscionable and unpatriotic to allow illegal voter 
suppression activity to persist in our own country. Yet it does. 
Allowing such improprieties to continue--by those who actively seek to 
hinder or to deny altogether certain individuals' ability to vote--goes 
against the fundamental tenets of fairness and freedom woven into the 
fabric of our Nation.
  Mr. Speaker, we are now 26 days away from what will be one of the 
most decisive elections of our lifetime. In order to ensure every 
person's ``right to vote,'' voter intimidation and interference must be 
stopped.
  Accordingly, we must combat these tactics by ensuring that there are 
sufficient repercussions--and that these individuals are held 
accountable for their actions. The Voter Protection Act of 2004 will 
help to ensure this accountability. It would do so by imposing criminal 
penalties and fines for anyone or group that engages in fraudulent 
tactics, including distributing fliers or calling potential voters with 
misinformation, or any other such attempts to mislead or intimidate 
voters.
  Mr. Speaker, I stand before you, 40 years after the passage of the 
Voting Rights Act, asking that the Congress ensure that we not repeat 
the mistakes of the past, but indeed write a new page in history. I ask 
that we send a message to this country's citizens that they will be 
free to vote. I ask that we send a message to those so inclined that 
misleading, suppressing and intimidating voters is wrong and cannot 
continue. The Voter Protection Act of 2004 will help to assure 
Americans of the unencumbered right to vote.
  Lastly, Mr. Speaker, when the Constitution of the United States was 
originally adopted in 1788, many of us would have been ineligible to 
vote. Thankfully, there were people in this country who resisted 
against that injustice--in fact, died to correct it. The Voter 
Protection Act of 2004 will continue this tradition of ensuring that 
every vote is precious and protected.
  If Congress passes this legislation, we will demonstrate to the 
Nation and to the world that America does not tolerate any impositions 
on the sacred privilege of voting. I urge all of my colleagues to join 
me by co-sponsoring this legislation.

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