[Congressional Record Volume 157, Number 108 (Tuesday, July 19, 2011)]
[House]
[Pages H5160-H5161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     VOTER SUPPRESSION AND VOTER ID

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
Texas (Ms. Jackson Lee) for 5 minutes.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise to oppose the epidemic 
across America of voter suppression and requiring voter ID.
  Do you realize that in almost every election in my own State of Texas 
there has been discrimination, intimidation to voters? Where we used to 
be able to use a birth certificate, a utility bill, government check, 
paycheck, and other documents, now we cannot because someone suggests 
that someone will steal someone's birth certificate to impersonate a 
voter. I don't think that's right.
  What we need now is to eliminate the poll tax of the 21st century. 
Barbara Jordan recognized that voting is a right, not a privilege, and 
she stood in the gap to ensure that Texas was covered by the Voting 
Rights Act. Barbara Jordan would not be here today if we had the voter 
intimidation that we're seeing growing across America.
  Eliminate voter intimidation by elimination of the oppressive voter 
ID requirement by returning to the standard and acceptable requirements 
such as birth certificates, current utility bill, government check 
which provide the protection to protect the vote so that seniors and 
others will not be stopped from voting.


                              Introduction

  Good morning Members of Congress, Congressional Black Caucus Members. 
Today, we address an issue that disturbs the very foundation of our 
Nation; the right of each and every citizen to participate in electing 
their representatives in government. Enshrined in our Constitution by 
our Nation's founders, this fundamental right is the linchpin of our 
democracy.
  Unfortunately, the right to vote was not recognized for all people in 
this country at its inception. Indeed, for the several decades after 
the signing of the Constitution, the right to vote belonged to white 
men who owned property alone.
  Through a long-fought effort by dedicated activists, courageous 
legislators and judges, and with the gradual evolution of public 
sentiment, the voting franchise was extended by law to all white men, 
non-white men, women, native Americans, and then finally, to all 
citizens over the age of 18.
  However, even though the right to vote was legally recognized for all 
citizens of age, there have always been sinister efforts to suppress 
the vote of certain citizens who were guaranteed the right to vote by 
the Constitution.
  Through poll taxes, grandfather clauses, literacy tests, intimidation 
and outright violence, voter suppression remained an agenda by those 
who do not believe in the principle of one person, one vote, and who 
seek to keep certain groups from participating in our democracy.


                                Voter ID

  Voter photo identification legislation a recent phenomenon and the 
latest tactic of the voter suppression agenda. Only a decade ago, in 
any of our 50 states, a voter could set out on election Tuesday and be 
permitted to vote in his or her respective state without being required 
to present a photo ID to election officials
  Alarmingly, since that time, 15 states have adopted photo ID 
requirements for voting. In fact, at least 34 states have introduced 
legislation requiring voters to produce photo IDs at the voting booth 
in this year alone. Seven states, including my home state of Texas, 
have adopted the strictest form of voter photo ID legislation with the 
fewest exceptions.
  This raises the question: what caused these states to, after more 
than two centuries of holding elections without photo ID requirements, 
impose such a burden on voters? Proponents of these laws argue that 
voter identification fraud is an epidemic in America, while there has 
been little documented evidence. Voter impersonation fraud occurs when 
one person votes using the identity of another.
  In order to obtain a state-issued photo ID valid under these statues, 
states often charge fees. Moreover the documents used for proof of 
identity in order to obtain photo IDs, such as birth certificates and 
social security cards, also cost money. When added together, along with 
transportation costs, the amount of money required to obtain an 
acceptable form of identification can be substantial for a citizen who 
lacks the financial means to do so.
  Harper v. Virginia Board of Elections, a Supreme Court case decided 
in 1966, outlawed the Jim Crow requirement that a citizen pay a poll 
tax in order to be allowed to vote in an election. (Majority Opinion by 
Justice Douglas)
  In its decision, the Court said--quote--``We conclude that a State 
violates the Equal Protection Clause of the Fourteenth Amendment 
whenever it makes the affluence of the voter or payment of any fee an 
electoral standard.''
  However, with voter photo ID requirements, those who would suppress 
the rights of citizens to vote would have vote a way to implement a 
backdoor poll tax. Voters without valid, non-expired state or federal 
government

[[Page H5161]]

issued identification documents will be burdened with the expenses of 
obtaining one of those prescribed forms of ID.
  Because of the state's so-called ``rational basis'' for requiring 
photo identification in order to vote, Indiana's state photo ID law was 
upheld by the Supreme Court in Crawford in 2008.
  The effects of such a ruling are unduly discriminatory and target 
specific groups of voters: low income voters, racial and ethnic 
minorities, senior citizens, disabled voters, and college students. I 
will leave you to guess which party has been behind the concerted and 
overzealous efforts by state legislatures and governors to push these 
discriminatory bills.
  Eleven percent of the population, or roughly 21 million people, do 
not have a government-issued photo identification document.
  Nationwide, depending on the state, African-Americans are 2 or 3 
times as likely as their white counterparts to lack government-issued 
photo identification. Nearly a fifth of our seniors do not have 
government-issued photo IDs.
  We must remember that voting is a right under our Constitution, not a 
privilege. We must prevent this effort to turn back the hands of time 
in order to prevent eligible voters from exercising their 
Constitutional rights.


                                 Texas

  Now, I am sad to report that my home state of Texas has been the 
latest victim of the systematic effort to suppress votes all around 
America. In late May, Governor Rick Perry signed into law the Texas 
iteration of voter photo identification legislation, which was based 
upon the extremely restrictive Indiana photo ID law.
  The history and current state of discriminatory voter suppression in 
Texas is so pervasive that any substantive change to its election law 
must be submitted by preclearance to the Department of Justice under 
Section 5 of the Voting Rights Act. This makes Texas one of the 9 
states in our country that must submit election law alterations, such 
as photo ID requirements, to the Department of Justice before the 
changes are permitted to take effect. The law is set to take effect in 
January next year.
  Currently, Texas election law allows voters to use their birth 
certificate, a current utility bill, a government check, a paycheck, 
official mail addressed to them, and other documents in lieu of a 
driver's license issued by the state or a U.S. passport. These 
documents have long been sufficient in the state of Texas to prove 
one's identity for the purposes of voting.
  However, once the new law takes effect, those alternative forms of 
identification will be unavailable to citizens of Texas. In fact, Texan 
voters will be unable to use their birth certificate, which is issued 
by the State of Texas, in order to vote.
  Now, this fact is particularly revealing, especially in light of the 
purported reason for passing voter photo identification legislation, 
which is to combat a ``supposed'' widespread problem of voter 
impersonation fraud.
  If we are to accept their argument that the voter photo ID laws are 
for the purpose of preventing voter impersonation fraud, then why not 
continue to allow people to use birth certificates? By banning citizens 
from using their state-issued birth certificates, we are required to 
believe the ridiculous and unfounded notion of people stealing other 
people's birth certificates in order to show up at an election to vote! 
Where is the sense in that? I don't know about you, but I have never 
heard a single case in which a person stole someone else's birth 
certificate and then showed up at the polls and voted as that person.
  No, the fact that birth certificates were removed from Texas election 
law as a permissible form of identification reveals that voter 
impersonation fraud is merely a pretextual argument; a guise under 
which the real purpose of suppressing the votes of certain people can 
be achieved. That is something for which we cannot stand.

  However, while a birth certificate is no longer good enough to prove 
your identity for the purpose of voting in the State of Texas, 
``coincidentally'', the new law does allow voters to use concealed 
handgun licenses in order to be permitted to cast their ballots.
  There is no doubt that the Texas Voter ID law was specifically 
crafted with the intent to impose new obligations on the rights of 
certain Texans to vote, while attempting to preserve the rights of 
other citizens they believe to be predisposed to voting a certain way.
  This is wrong in the State of Texas, and it is wrong in America.


                               Conclusion

  In the Harper Supreme Court case, Justice Douglas closed his majority 
opinion with these words: ``Wealth or fee paying has, in our view, no 
relation to voting qualifications; the right to vote is too precious, 
too fundamental to be so burdened or conditioned.''
  Mr. Speaker, may I ask how much time I have remaining, please.
  The SPEAKER pro tempore. The gentlewoman has 4 minutes remaining.
  Ms. JACKSON LEE of Texas. I would like to yield 1\1/2\ minutes to the 
gentleman from Ohio (Mr. Ryan).

                              {time}  1100

  Mr. RYAN of Ohio. I thank the gentlelady, and I would also like to 
thank Representative Fudge for her leadership.
  The SPEAKER pro tempore. The gentlelady may not yield blocks of time.
  Ms. JACKSON LEE of Texas. I yield to the gentleman from Ohio.
  Mr. RYAN of Ohio. I thank the gentlelady. I would also like to thank 
Representative Fudge and the Congressional Black Caucus.
  This issue of voter identification and voter suppression goes to the 
heart of our Constitution in this country. Eleven percent of adults 
would not have a qualified identification to be able to go and vote; 25 
percent of African Americans would not have a qualified ID to be able 
to vote.
  And I have one question: Where's the Tea Party on this issue? Where's 
the Tea Party with all the placards about freedom and liberty and we're 
losing our country? We have an issue that is fundamental to what it 
means to be an American, the right to vote. The question I have is: 
Where's the Tea Party on the voter suppression issue?
  Ms. JACKSON LEE of Texas. I thank the gentleman. And I yield now to 
the gentleman from Indiana (Mr. Carson).
  Mr. CARSON of Indiana. I thank Congresswoman Jackson Lee.
  Mr. Speaker, voting is a fundamental right of every American. Yet 
here we are, decades after the civil rights movement, watching as 
States across this great Nation pass laws that threaten the ability of 
citizens to participate in our government. This trend is troubling and 
one that we must closely monitor. My State, the great Hoosier State of 
Indiana, was the first to impose a strict law requiring voters to 
present government-issued identification despite having no evidence of 
actual voter fraud.
  As other States follow suit, we risk broadening the threat to the 
rights of the poor, the elderly, the young, and minority voters. I do 
not believe the right to vote should hinge on one's ability to obtain 
specific identification. As a Nation, we should not allow laws that 
block the rights of vulnerable groups or discriminate. To do so would 
be to forfeit the fundamental quality of this right and the purpose 
behind it.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I yield to the gentleman from 
Georgia (Mr. Johnson).
  Mr. JOHNSON of Georgia. Mr. Speaker, nothing is more fundamental to 
our democracy than the right to vote. By stoking the fires of fear and 
anger, aided and abetted by the U.S. Supreme Court with its Citizens 
United decision opening the door for unlimited corporate spending on 
elections, the Republicans seized a death grip on this Congress. Now 
they want to keep control of Congress so they have embarked on an old 
strategy, voter suppression.
  One of their tactics in making it more difficult for citizens to vote 
is imposing an unnecessary requirement that voters show a State-issued 
ID to vote. This is a blatant attempt to keep certain populations from 
voting, thus ensuring that Republicans maintain control of Congress.
  Voter suppression is not right. It is not fair, and it is simply un-
American.
  And that's real, ya'll.
  Ms. JACKSON LEE of Texas. Mr. Speaker, let me thank Congresswoman 
Fudge and let me make a commitment to the American people that you can 
be assured that these Members of Congress, the Congressional Black 
Caucus, the Tri-Caucus, will stand in the gap to prevent elections from 
being stolen and your fundamental birthright of voting from being 
stolen. That is justice, and we will be fighting for justice.

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