[Congressional Record Volume 167, Number 51 (Thursday, March 18, 2021)]
[Senate]
[Pages S1636-S1637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
For the People Act of 2021
Mr. BLUNT. Mr. President, I want to join my fellow Senators in
remembering Senator Manchin's family, his sister, and the rest of his
family as they deal with the loss of his brother-in-law.
I want to talk today about a draft I just received--a bill we are
actually going to have a hearing on next week--S. 1, the so-called For
the People Act.
This bill is the companion act to the House version of H.R. 1. I
actually think it is even longer than H.R. 1, which I would have
thought impossible. It is over 800 pages. I think they will be
introducing the final version in the next day or so, and that is a good
thing, since we are supposed to have a hearing on it in the middle of
next week.
It packs a lot of what I consider bad changes relating to election
administration, campaign finance, redistricting, and so much more into
those 800 pages, but there is a lot of space there to pack things in.
I would have to take a lot more time than I have got today to talk
about all the things in the bill that I have had concerns about, but I
would say, to start with, this idea that one size fits all, this
Federal takeover of elections, can't be in the interest of voters in
our country.
It would force a single and, I believe, a partisan view of elections
and how they should be run in 10,000 different jurisdictions in the
country. I don't know how you do that. I don't know how you take 10,000
jurisdictions and try, at the Washington, DC, level in legislation, to
determine changes like how they would register voters. Every State,
under this bill, would do it exactly the same way--which voting systems
they would use; how they would handle early voting and absentee
ballots, no matter how long they had been doing it one way that worked
for voters in their State; and how they maintain their voter list,
whether you can go in and verify whether people on the voter list were
still there.
We used to think that was a critically important protection in the
election system; that you knew that the voters that had registered to
vote in a jurisdiction actually were still in that jurisdiction. It was
actually, in every State, a bragging point of responsible election
administration. That would largely go away in this bill.
This bill would require States to make ballot drop boxes available
for 45 days prior to the Federal election. Those are boxes that--it
even designates the locations and tells the local jurisdiction how they
need to handle those ballots as they come out of the boxes and would be
processed.
Remember, these are not mailboxes. They would be the ballot drop
boxes all over the jurisdiction, if you could find one.
It would mandate unlimited ballot harvesting. That is a process where
one person could collect and submit as many ballots as they could
collect and submit. You know, in recent elections, we have seen ballot
harvesting as a real problem in these elections. Not only does one
person have your ballot and get that ballot to where it should be,
frankly, one of the problems always with ballot harvesting is maybe a
person who knows voters pretty well would collect 20 and put 18 in the
mailbox or take 18 to the vote counting area and the other two just
somehow don't get there.
Unlimited ballot harvesting, prohibited in many States--and, in fact,
in recent years the Democratic House of Representatives failed to seat
an elected Representative in North Carolina because that person had
used ballot harvesting.
The bill would require States to allow felons to vote in Federal
elections. If you didn't like that, in this case, you could have two
sets of voter registrations, one for Federal elections and one for all
other elections.
And, by the way, if you did that, you would also have to have two
different sets of ballots for an election day that had both local and
State and Federal issues on the ballot.
And this bill would require that all of these changes be made
quickly. Even jurisdictions that recently have changed their processes
and spent a lot of time talking to people about those changes over
maybe 2 years or 4 years would suddenly be told, no, you have to change
them one more time. And maybe it is a day here or a day there, but that
makes a big difference if you have already got in your mind how far
before an election you have to register to vote or transfer your
address or things that election administrators work on all the time.
You know, my first elected job was as the county clerk in Greene
County, Springfield, MO, where I was the chief election authority. We
had a county of about 180,000 people in it, lots of registered voters,
but you had to take that very seriously.
And later I was the chief election authority in our State for 8 years
as the secretary of state, and I know how much planning goes into the
elections. I know how seriously local officials take it.
I also know how difficult it could be if every change you made had to
be cleared some way with somebody in Washington, DC.
You know, States can often take years to transition to a new ballot
system or transition to a new way they do things. They also can do it
very quickly if they need to, and we saw that happen in a number of
States last year.
I think this bill, if it did pass, really doesn't allow the time you
need for planning.
The diversity of our election system is one of the great strengths of
our system. There is bipartisan agreement on that. I have quoted
President Obama on this before, but he said in 2016: ``There is no
serious person out there who would suggest somehow that you can even
rig America's elections, in part, because they are so decentralized and
the numbers of votes involved.''
This bill would undo that decentralized strength. It would undo that
local and State responsibility for having laws that voters who vote for
you understand you need to apply in the fairest and best way you can.
The bill would make our system less diverse, less secure.
Unfortunately, this bill doesn't just stop at election
administration. It takes the campaign finance system and changes it
dramatically.
You know, when the Federal Elections Commission was created in the
early 1970s, it was a six-member Commission. It was to be bipartisan.
This turns it into a five-member Commission, with whoever is the
President being able to appoint the third member on one side to always
outvote, if they need to, the two members on the other side.
There have been many times, obviously, in the history of the Federal
Election Commission when the vote has been 3 to 3 or 2 to 2, whatever
the makeup was at the time. This would do away with that and basically
turn the Commission from a bipartisan Commission into a prosecutorial
body, where one side always has the majority if they want it. I think
voters should and would be very concerned about that.
It would allow the Chair of the FEC to make key staffing changes. It
would allow judges to review cases, even when the Commission found no
violation of the law.
In addition, the bill would create a system of public financing for
political campaigns by matching certain contributions with Federal
dollars. The match would be 6 to 1. So in the matchable, low-dollar--
whatever you define that to be--contributions, if you raise $100,000 of
those contributions, you would have $700,000. Six hundred thousand of
those dollars could have been used by the Federal Government for other
things rather than to finance politicians in a campaign.
Now, I understand why politicians would like that. I have raised as
much money as most people in this body have raised, and, you know, the
idea
[[Page S1637]]
that just the Federal Government would come in at some point and give
me $6 for some percentage of those that I raised might be pretty
appealing, but I think it would be wrong.
It takes jurisdiction away from the States into how to draw
congressional districts. Now, this is going to be inconvenient if it
passes because the Constitution specifically says the State
legislatures decide how to draw a congressional district. It doesn't
say the Congress of the United States tells the State legislatures how
to draw congressional districts, but this bill would do that.
The bill requires redistricting commissions. It dictates who would
serve on the commissions. It sets the criteria and the procedures for
how you draw the maps. It lays out how the commissions have to take
public input.
And if that weren't bad enough--it doesn't stop there--it even
determines which courts act on all redistricting cases. And this would
be a dramatic change where, again, you have a one-size-fits-all system
in a country that clearly is not a one-size-fits-all country.
Since very few States currently have commissions like that, it would
set a lot of deadlines that we don't currently have. Districts drawn
using 2020 census data would all but be guaranteed to be drawn by
Federal courts just because of the time that this bill sets out.
But the Federal court drawing the district isn't the big problem. The
big problem is forever you have changed this and forever you have put
the DC Circuit as the ultimate circuit to determine all redistricting
cases. We have never thought that power belonged in Washington, DC,
before, but this bill does.
It is an unprecedented power grab by the Federal Government at the
expense of the States. I think it is a transparent attempt to stack
elections in favor of one party. Election law should not be about a
single party.
If this bill were to pass, it would do nothing, in my view, to
bolster public confidence in elections. In fact, I suspect most
election officials around the country would begin to say: I would like
to be able to do something about that problem, but we will have to
clear that with Washington, DC, first.
I think the divisions in the country would be worse, not better.
Successful election laws are passed on a bipartisan basis. We did that
with the Help America Vote Act after 2000. We provided assistance and
some direction with the finances, but we didn't change a single State
law after 2016. We left that up to the States. We created bipartisan
impact when we did that.
We should continue to put the strength and the security of the
country's elections before party. We should continue to oppose the
efforts of a single party to make sweeping partisan changes in our
election system. I don't talk to anybody who doesn't think that this
bill, as a similar bill passed the House, would pass the House on a
purely partisan basis. That would be a bad idea.
I encourage my colleagues to look carefully at S. 1, and I think if
you do, a majority of the Senate will not support this bill.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa is recognized.