[Congressional Record Volume 167, Number 4 (Wednesday, January 6, 2021)]
[Extensions of Remarks]
[Pages E14-E15]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONCERNS ABOUT THE CERTIFICATION OF THE ELECTORAL COLLEGE VOTE

                                 ______
                                 

                         HON. SCOTT DesJARLAIS

                              of tennessee

                    in the house of representatives

                       Wednesday, January 6, 2021

  Mr. DesJARLAIS. Madam Speaker, I rise to voice my concerns about the 
certification of the Electoral College vote.
  First, I think it is imperative to highlight the importance of how 
our nation's elections are conducted. I have received many calls, 
emails, letters, and I have spoken to many of my constituents who are 
concerned about the irregularities in the 2020 election cycle.
  Today, I have many concerns about our most recent election, but my 
objection is focused on one primary constitutional question around 
changes to election laws made by state officials without the approval 
of their state legislatures. This is, of course, a legal question, 
concerning the constitutionality of last-minute election law changes 
made by executive orders without the approval of the state 
legislatures. Article II, Section 1 includes the ``Electors Clause,'' 
stating:

       Each State shall appoint, in such Manner as the Legislature 
     thereof may direct, a Number of Electors, equal to the whole 
     Number of Senators and Representatives to which the State may 
     be entitled in the Congress: but no Senator or 
     Representative, or Person holding an Office of Trust or 
     Profit under the United States, shall be appointed an 
     Elector.

  There is no question that changes in state election laws were made by 
executive orders without legislative approval (usually under the guise 
of COVID) to allow for ballots to be allowed after deadlines had passed 
and mail-ins and absentees to be allowed under far more liberal 
circumstances which created an environment that allowed ``vote 
harvesting'' and thousands of ballots to be counted days and weeks 
after the election--without the requisite standards of verification 
that we should expect for a secure election.
  It is a valid constitutional question and I note a recent observation 
by Justice Gorsuch in an unrelated recently decided case between the 
Brooklyn diocese and Governor Andrew Cuomo in New York on unlawful 
forced shutdowns:

       ``Government is not free to disregard the [Constitution] in 
     times of crisis. . . . Yet recently, during the COVID 
     pandemic, certain States seem to have ignored these long-
     settled principles.''

  All of these issues are just some of the concerns and questions 
regarding the 2020 election and were not limited to these three states. 
Many other concerns of voting irregularities have been reported across 
the country including fraud and government officials changing state 
laws without legislature approval.
  These are serious concerns and allegations. It should be the state 
legislatures, and not government officials or judges, making changes to 
election laws.
  The timing of these election law changes is also problematic. In some 
states, changes were made to state election laws during the year of the 
election. These last-minute changes only allow for confusion and chaos, 
as we have seen since November 2020.
  From a global pandemic to one of the most consequential Presidential 
elections in our lifetimes, 2020 was a year of many unknowns.

[[Page E15]]

  What should not be an unknown are the laws and rules states have on 
implementing our elections. However, the actions by many state 
officials and judges, along with improper voting activities, have 
allowed the 2020 Presidential election to be called into question.
  It is because of these questions and irregularities, that I object to 
today's certification process and today, our challenge asks for a 
simple remedy--an appointment of an electoral commission that can hear 
the claims of election irregularities, review the evidence, and decide 
as to what the facts are and whether or not election laws were 
followed. I do not believe that to be an unreasonable demand.

  I am proud to represent the state of Tennessee--a state that gets the 
election process done right and should be a role model for the nation. 
In addition to our open Election Day procedures, Tennessee provides a 
generous early voting process of 2 weeks in order for people to choose 
a day and time convenient to their schedule. In unique circumstances, 
there are also a number of statutory reasons where a citizen can 
request a mail-in or absentee ballot by mail and have their votes 
counted as well.
  It is a process that works and is fair and equitable to everyone in 
the state. It is not unfair, it does not suppress voting, and it 
provides an orderly, secure method for conducting elections and 
counting votes in a timely fashion. Everyone has the ability to do 
their civic duty with a minimum amount of effort--no drama, no long 
lines and waits, and a process that is free and fair to all candidates. 
Votes are tabulated, and results are provided in a timely fashion on 
election night. It's not complicated, we have done this for many 
election cycles now, and we did not change our procedures on the fly in 
2020.
  We are very fortunate to do things the right way in Tennessee and we 
did once again in 2020. Sadly, there were a few states that got it 
wrong and call into question the integrity of the Presidential 
election. It is ridiculous and unacceptable in the 21st Century that 
other states have processes that lead to a situation where it took 
weeks to have votes tabulated, vote totals remaining uncertain, and the 
numbers of uncounted votes being uncertain for days--and weeks--after 
Election Day.
  I respectfully and vigorously disagree with people who suggest that 
the processes that were opened and expanded in 2020 in many states are 
not subject to fraud and abuse--under these new standards ballots are 
mailed on behalf of people, ballots are sent to the wrong addresses, 
and ballot harvesting is encouraged. And again, one of the biggest 
problems with mail-in ballots is managing this process in a way that 
allows votes to be counted and winners to be determined in a timely 
fashion. It should not take weeks to determine a winner in state and 
federal races, and the prospects of all future Presidential elections 
being undecided for weeks on end leads to uncertainty and a lack of 
confidence in the results and the fairness of the process.
  It is absurd. Even if you accept that everything is above board, no 
one should sit here and say that this process doesn't stink. Election 
reform is needed and the mail-in process will always be vulnerable to 
delays and the suggestion that foul play is involved--especially with 
the evidence being presented. Widespread mail in balloting with 
undefined rules and limitations is a solution in search of a problem 
and is unnecessary to conduct a fair election in this country. We need 
a defined in-person voting process that includes early voting. We need 
voter ID requirements. We need a limited mail in ballot process that 
allows for absentee votes for military personnel serving overseas or 
away from their homes, people traveling abroad for extended periods, 
and those that have serious health issues that would legitimately keep 
them from being able to make it to the polls. Beyond that, people 
should take a brief moment out of their lives to show up and make an 
informed vote for the candidates and issues on the ballot.
  Since the disputed Presidential election in 2000, this nation has 
spent billions upon billions of dollars for updated machines and 
processes, and 20 years later we are arguably in a worse position in 
terms of having a transparent process. There is no reason--NONE--that 
we can't have a procedure in this day and time to have almost all votes 
accounted for on Election Day.
  We cannot keep conducting our elections in a way that does not 
provide surety and confidence in its results. We need uniform processes 
for our federal elections, and we need laws in place to ensure that all 
legal voters are given their constitutionally protected rights to 
participate in civic engagement, but not through a process in which 
votes are gathered and harvested without their participation in the 
process. Tennesseans demand this fair process, and I will always fight 
for it.

                          ____________________