[Congressional Record Volume 154, Number 71 (Thursday, May 1, 2008)]
[Senate]
[Pages S3710-S3714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Ms.Klobuchar, Mr. Tester, and Mr. 
        Harkin):
  S. 2959. A bill to amend the Help America Vote Act of 2002 to require 
States to provide for election day registration; to the Committee on 
Rules and Administration.
  Mr. FEINGOLD. Mr. President, today I will introduce, along with 
Senators Klobuchar, Tester, and Harkin, the Election Day Registration 
Act of 2008, which would significantly increase voter participation by 
allowing all eligible citizens to register to vote in Federal elections 
on Election Day.
  In many ways, the machinery of our democracy needs significant 
repair. We live in an age of low turnout and high cynicism. The 
American people have lost faith in our election system, in part because 
they are not confident that their votes will be counted or that the 
ballot box is accessible to each and every voter regardless of ability, 
race, or means.
  What we see instead are long lines at polling places; faulty voting 
machines; under-trained, under-paid, over-worked poll workers; partisan 
election administrators; suspect vote tallies; caging lists; 
intimidation at the polling place; misleading flyers; illegal voter-
file purges; and now, the Supreme Court approving discriminatory voter 
ID laws. If people cannot trust their elections, why should they trust 
their elected officials?
  Two years ago, Professor Dan Tokaji, a leading election law expert, 
called for a ``moneyball approach to election reform.'' Named after 
Michael Lewis's book about the Oakland A's data-driven hiring system, 
Tokaji's approach is quintessentially progressive, as that term was 
understood at the turn of the century. ``I mean to suggest a research-
driven inquiry,'' Tokaji wrote, ``in place of the anecdotal approach 
that has too often dominated election reform conversations. While 
anecdotes and intuition have their place, they're no substitute for 
hard data and rigorous analysis.''
  This bill embodies the moneyball approach to election reform. In 
stark contrast to many so-called election reform proposals, this bill 
addresses a real problem--low voter turnout--it targets a major cause 
of the problem--archaic registration laws--and it offers a proven 
solution--Election Day registration.
  The bill is very simple: it amends the Help America Vote Act to 
require every State to allow eligible citizens to register and vote in 
a Federal election on the day of the election. Voters may register 
using any form that satisfies the requirements of the National Voter 
Registration Act, including the Federal mail-in voter registration form 
and any state's standard registration form. North Dakota, which does 
not have voter registration, is exempted from the bill's requirements.
  The bill itself is simple, but it addresses a significant problem: 
the low voter turnout that has plagued this country for the last 40 
years. We live in a participatory democracy, where our Government 
derives its power from the consent of the governed, a consent embodied 
in the people's exercise of their fundamental right to vote. It is self 
evident that a participatory democracy depends on participation.
  This may be a government of the people, but the people are not 
voting. Since 1968, American political participation has hovered around 
50 percent for Presidential elections and 40 percent for congressional 
elections. Even in 2004, a record-breaking year, turnout was only 55 
percent of the voting age population. The U.S. may be the only 
established democracy where the fact that a little under half of the 
electorate stayed home is considered cause for celebration.
  In fact, our predecessors in the Senate would be surprised to find us 
celebrating such low turnout: a 1974 report by the Senate Committee on 
the Post Office and Civil Service bemoaned the ``shocking'' drop in 
turnout in the 1972 election. And what was the number that so troubled 
the Committee--55 percent.
  The report went on: ``[i]t is the Committee's conviction that our 
disquieting record of voter participation is in large part due to the 
hodgepodge of registration barriers put in the way of the voter. Such 
obstacles have little, if anything, to recommend them. At best, current 
registration laws in the various states are outmoded and simply 
inappropriate for a highly mobile population. At worst, registration 
laws can be construed as a deliberate effort to disenfranchise voters 
who desperately need entry into the decision-making processes of our 
country.''
  What a shame, that the Committee's findings are still valid. Our 
archaic registration laws have been reformed, but they are still 
archaic. We have passed a number of important bills designed to combat 
low turnout, but turnout is still low. America is even more mobile than 
it was in 1974, and yet our registration laws are still out of touch 
with the reality that more than 40 million Americans move every year. 
Worst of all, our registration laws still fall especially hard on the 
young, the old, and the poor.
  We have long known that complicated voter registration requirements 
constitute one of the major barriers to voting. In fact, many States 
adopted voter registration in order to prevent certain segments of the 
population from voting. Alexander Keyssar, the preeminent scholar on 
the history of the right to vote in this country, writes that although 
``[r]egistration laws emerged in the nineteenth century as a means of 
keeping track of voters and preventing fraud; they also served--and 
were intended to serve--as a means of keeping African-American, 
working-class, immigrant, and poor voters from the polls.''
  It is time for a fundamental change. A large body of research tells 
us that unnecessarily burdensome voter registration requirements are 
the single

[[Page S3713]]

largest factor in preventing people from voting. Simply put, voter 
registration restrictions should not keep eligible Americans from 
exercising their right to vote. The solution to this problem is 
Election Day registration.
  Decades of empirical research confirm Election Day registration's 
positive impact on turnout. As one academic paper states, ``the 
evidence on whether EDR augments the electorate is remarkably clear and 
consistent. Studies finding positive and significant turnout impacts 
are too numerous to list.'' Studies indicate that Election Day 
registration alone increases turnout by roughly 5 to 10 percentage 
points.
  In general, States with Election Day registration boast voter turnout 
that is 10-12 percentage points higher than States that require voters 
to register before Election Day. Turnout in Minnesota and Wisconsin, 
which implemented Election Day registration over 35 years ago, has been 
especially high: in 2004, for example, 78 percent of eligible 
Minnesotans and 75 percent of eligible Wisconsinites went to the polls. 
The last time national voter turnout was above 70 percent, it was 1896, 
there were only 45 States, and the gold standard was the dominant 
campaign issue.
  Critics might worry about the possibility of fraud, but Election Day 
registration actually makes the registration process more secure. 
Voters registering on Election Day do so in the presence of an 
elections official who verifies the voter's residency and identity on 
the spot. Mark Ritchie, Minnesota's Secretary of State, points out that 
Election Day registration ``is much more secure because you have the 
person right in front of you--not a postcard in the mail. That is a no-
brainer. We have 33 years of experience with this.''
  In contrast to most election reforms, the cost of Election Day 
registration is negligible. A recent survey of 26 local elections 
officials in six EDR States found that ``officials agreed that 
incidental expense of administering EDR is minimal.'' In fact, Election 
Day registration may actually result in a net savings because it 
significantly reduces the use of provisional ballots. Provisional 
ballots, which are required by the Help America Vote Act, are expensive 
to administer. The Congressional Budget Office estimates that 
provisional ballots cost State and local governments about $25 million 
a year.
  In some states the number of provisional ballots cast is surprisingly 
large. For example, in 2004, more than 4 percent of California's 
registered voters cast provisional ballots--that's 644,642 provisional 
ballots. In Ohio, 157,714 provisional ballots were cast, about 2 
percent of all registered voters.
  In contrast, in 2004 only 0.03 percent of voters in EDR States cast a 
provisional ballot. In Wisconsin, only 374 provisional ballots were 
cast. In Maine, only 95 provisional ballots were cast. In fact, only 
952 provisional ballots were cast in all the EDR States combined in 
2004. To be sure, this bill is no cure-all: it does not address long 
lines, deceptive flyers, and faulty voting machines. Other bills, good 
bills, address those issues.
  The bottom line is this: the Election Day Registration Act would 
substantially increase civic participation, improve the integrity of 
the electoral process, reduce election administration costs, and 
reaffirm that voting is a fundamental right. It has been proven 
effective by more than 30 years of successful implementation in 
Minnesota and Wisconsin and decades of empirical research. Election Day 
registration is good for voters, good for taxpayers, and good for 
democracy.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2959

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Election Day Registration 
     Act''.

     SEC. 2. ELECTION DAY REGISTRATION.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended--
       (1) by redesignating sections 304 and 305 as sections 305 
     and 306, respectively; and
       (2) by inserting after section 303 the following new 
     section:

     ``SEC. 304. ELECTION DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-6), each State shall permit any eligible individual on 
     the day of a Federal election--
       ``(A) to register to vote in such election at the polling 
     place using a form that meets the requirements under section 
     9(b) of the National Voter Registration Act of 1993; and
       ``(B) to cast a vote in such election.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of the enactment of 
     this section, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means any individual who is 
     otherwise qualified to vote in a Federal election in such 
     State.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) for the 
     regularly scheduled general election for Federal office 
     occurring in November 2008 and for any subsequent election 
     for Federal office.''.
       (b) Conforming Amendments.--
       (1) Section 401 of such Act (42 U.S.C. 15511) is amended by 
     striking ``and 303'' and inserting ``303, and 304''.
       (2) The table of contents of such Act is amended--
       (A) by redesignating the items relating to sections 304 and 
     305 as relating to sections 305 and 306, respectively; and
       (B) by inserting after the item relating to section 303 the 
     following new item:

``Sec. 304. Election day registration.''.

  Ms. KLOBUCHAR. Mr. President, I come to the floor today to speak 
about a fundamental right in this country: the right to vote. Although 
it is one of the greatest rights we have built this government on, we 
have states across the country that still limit that right by not 
allowing people to vote if they have not met an arbitrary registration 
deadline. A deadline that is sometimes set months in advance of 
Election Day. Since 1973, Minnesota has allowed citizens in the state 
to register to vote on the same day as the election, and, not 
coincidentally, year after year, my state has the highest voter turnout 
in the country.
  As the Presidential election is fast approaching, we need to ensure 
that people across the country have the ability to vote when November 
4th, 2008, rolls around. This is why, Mr. President, I am happy that 
this afternoon, Senator Feingold and I introduced legislation that 
enables voters in every state to register on Election Day for Federal 
elections. My colleague's home state of Wisconsin, like Minnesota, has 
put a high price on voter registration, and has allowed Election Day 
Registration for over 30 years with great success. I am also pleased 
that we are joined on this bill by Senator Harkin from Iowa and Senator 
Tester from Montana. Both Iowa and Montana recently enacted same-day 
voter registration laws--significantly improving voter turnout 
throughout the state.
  This legislation comes at a critical time--it is on the heels of a 
Supreme Court decision that tightens the ability of Indiana citizens to 
vote by requiring valid photo identification at the polling booth. And 
just this last week, several election registration volunteers in 
Florida stopped their registration work for fear that they would be 
fined upwards of $1000 if they made a mistake.
  In Minnesota, some credit the election of Jesse Ventura as Governor 
in 1998 to our same-day registration voting policy. Voters who had 
never voted before showed up at the polls and voted in unprecedented 
numbers. I can't say that I ever imagined that we would have a Governor 
wear a pink boa at his inaugural celebration, but the ability for the 
citizens of Minnesota to cast their ballot and enact change is the kind 
of democracy this country is founded upon.
  In the past decade, as states around the country are experimenting 
with new and innovative ways to combat voter fraud, Election Day 
Registration has actually helped eliminate voter fraud at the polls. 
I've worked a great deal with the Secretary of State in Minnesota, Mark 
Ritchie, and he has found that registering at the polls, instead of by 
mail with a postcard, decreases the chance for fraud. When citizens are 
registering right in front of the election official, on the day of the 
election, chances of fraud are decreased. It's a pretty simple concept, 
but a fundamental one. As Secretary of State Ritchie has said, it's ``a 
no-brainer.''

[[Page S3714]]

  The myriad of voter registration laws across the country are mind-
boggling. In Nevada, you must register by 9 p.m., on the fifth Saturday 
before the election. A handful of states require registration 25 days 
before the election, another handful require 29 days. Some have to be 
postmarked by that date, and others have to be received by the 
deadline. A few set the cutoff at 20 days, a few at 10 days, and in 
Vermont, you have until 5 p.m., the Wednesday before the election. If 
you're in Utah, you must register 30 days before the election by mail, 
but if you miss that, you can register in person on the 18th or 15th 
day before the election. Where we have one, national, election day of 
November 4th this year, it is hard to imagine voters, because of the 
State they reside, could miss their chance to vote.
  There are 8 States that allow citizens to register at the polls: 
Maine, Minnesota, New Hampshire, Wisconsin, Wyoming, and now Iowa and 
Montana have joined the list. Historically, these first six States have 
seen voter turnout that is 8 to 15 percent higher than the national 
average. In the 2004 Presidential election, only 64 percent of the 
eligible population voted; but in Minnesota, 79 percent of the 
population turned out to vote. As Senator Feingold mentioned, the last 
time we had turnout that high on a national level was 1896, and we only 
had 45 states. No matter what side of the aisle, we are seeing an 
unprecedented interest in the upcoming Presidential election, and we 
need to give the citizens the ability to register on Election Day.
  This is a simple, yet fundamental bill. It amends legislation we 
passed in 2002, the Help America Vote Act, to allow voters to register 
and cast their ballot on the same day in a Federal election. Where 
Americans across the country are facing skyrocketing gas prices, health 
costs that many cannot afford, and an economy that is approaching 
recession, we need to ensure that every citizen has the right to wake 
up on Election Day and decide they will cast their ballot for 
President.
  Mr. TESTER. Mr. President, I rise today to join my colleagues, 
Senators Feingold, Harkin and Klobuchar in introducing a bill that 
would significantly increase voter participation. The Election Day 
Registration Act of 2008, EDR, would allow all eligible citizens to 
register to vote in federal elections on Election Day.
  Studies have shown a strong increase in voter turnout in those States 
who have EDR. In 2004, 73.8 percent of all eligible voters in EDR 
states voted, compared with 60.2 percent of eligible voters in states 
without EDR--a difference of 13.6 percentage points. The top four 
States for turnout in 2004 had EDR--Minnesota 78 percent, Wisconsin 75 
percent, Maine 73 percent, and New Hampshire 71 percent. The fifth 
highest state was Oregon--the universal vote-by-mail state. Even more 
compelling, the turnout is higher even when controlling for 
competitiveness--in terms of voter participation, ``safe'' states with 
EDR significantly outperformed ``safe'' states without EDR. Voter 
participation in those ``Battleground'' States with EDR was 
significantly higher than in those ``battleground'' states without EDR.
  High voter participation is a fundamental part of a healthy 
democracy. This year we have seen record numbers of voters 
participating in the presidential primaries. The implementation of EDR 
for federal elections would build upon this momentum. Montana is 
expecting record turnout for our presidential primary on June 3rd.
  EDR permits eligible citizens to register and vote on Election Day. 
There are currently 9 states that have some form of EDR: Minnesota, 
Maine, Wisconsin, Idaho, Wyoming, New Hampshire, Iowa, North Carolina 
and of course my home state of Montana. Iowa adopted EDR in March 2007 
and North Carolina has implemented Same Day Registration at early 
voting sites. While the version in North Carolina isn't complete EDR, 
it is a strong move for increased access to the democratic process.
  There is nationwide interest in EDR. Last year, 21 States had bills 
before their legislature to implement, or begin feasibility studies in 
support of, EDR.
  In my home state of Montana we have had Election Day Registration. 
Montana adopted EDR in 2005 while I was president of the Montana state 
senate. Montana's version is a little different from EDR in Wisconsin 
and Minnesota--in Montana, the voter registers, election day, at the 
county courthouse rather than at the polling place. Whether it is at 
the polling place or the courthouse, the important fundamentals of 
access are maintained.
  With EDR, the use of and reliance upon provisional ballots would be 
minimized. Provisional ballots are useful and valuable tools, however 
with EDR, the costly validation process that takes place after election 
day could be avoided, as eligibility considerations could be made on 
election day and the voter would then use a standard ballot. EDR 
streamlines the administrative process and makes sure that votes are 
counted.
  Enactment of EDR would be a major step in the right direction towards 
inclusive and fully participatory elections. It's clear that people are 
more likely to vote when they know their votes will be counted. EDR has 
proven track record of increasing participation, and those concerns 
raised have been largely disproven or are easily addressed. In the end 
EDR allows more Americans to do that which is most fundamental to the 
democracy we love and the freedom we, as Americans, stand for--vote.
  My cosponsors and I think this Election Day Registration Act of 2008 
is necessary to strengthen our democracy. We welcome our fellow 
senators to support this important legislation.
                                 ______