[Congressional Record Volume 168, Number 9 (Thursday, January 13, 2022)]
[Senate]
[Pages S195-S197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             VOTING RIGHTS

  Mr. SCHUMER. Madam President, on defending democracy--something 
Leader Reid would have been passionate about, if he were still with us 
here, and he is telling us that now--over the next few days, the U.S. 
Senate will face a critical and unavoidable question: Are its Members 
going to act to protect our democracy and protect voting rights or will 
its Members choose the path of obstruction, inaction, and side with the 
Big Lie overtaking our precious experiment in self-rule?
  We had two professors come to us 2 days ago, the authors of ``How 
Democracies Die,'' and one of the main ways that democracies die is 
when one political party refuses to accept the results of an election 
that was run freely and fairly. That is what is happening here. They 
showed how important this is and how there is unfortunate historical 
precedent in doing what we did.
  And earlier this week, President Biden made that clear. He made clear 
to the Nation--and to all of us who serve in the Senate--that the time 
to answer the question about whether allowing the Big Lie, so ruinous 
to a democracy, to overtake our precious experiment in self-rule will 
prevail.
  As the Senate has done many times in its history, it must soon act 
again to safeguard democracy from the dangers of the present day: the 
power of dark money, voter suppression, and efforts to subvert the 
democratic process from the bottom up.
  I commend President Biden for offering a strong speech, and I look 
forward to having him join Senate Democrats later today at our caucus 
meeting to discuss the path forward.
  Yesterday, I shared with my Democratic colleagues our plan for what 
the next few days are going to look like in this Chamber and how I, as 
majority leader, will move to finally begin, at last, a floor debate on 
the voting rights legislation.
  Later today, the House of Representatives will pass a message that 
will include the language of the two bills Republicans have 
filibustered for months--the Freedom to Vote Act and the John Lewis 
Voting Rights Advancement Act.
  As permitted under the existing rules, we will have the ability to 
proceed to the legislation and debate it on a simple majority basis--
something that has been denied to us four times in the last several 
months because Republicans didn't want to move forward. Then the Senate 
will finally hold a debate on the voting rights legislation for the 
first time in this Congress, and every Senator will be faced with a 
choice of whether or not to pass this legislation to protect our 
democracy.
  There has been a lot of gas-lighting here on the floor lately from 
the other side about power grabs, about takeovers, but precious little 
in terms of substance. I have not heard them mention what Republican 
legislatures are

[[Page S196]]

doing. That is not the thrust of their speech. They say: Oh, it is a 
power grab. Oh, it is a takeover.
  Well, my friends, if there was ever a power grab, it is what is 
happening in the State legislatures right now, where Republican 
legislators are taking away people's sacred right to vote and aiming it 
particularly at certain groups--people of color, young people, people 
in urban areas, older people, disabled people.
  So let me remind my colleagues what these bills actually do. The 
Freedom to Vote Act and the John Lewis Voting Rights Advancement Act 
are balanced, effective, and commonsense bills that build on the work 
that this Chamber has done in the past to protect democracy, and it was 
often done with bipartisan votes. The transformation of the Republican 
Party in the era of Donald Trump is apparent and nasty, and, most 
importantly, really dangerous to our democracy.
  These laws set basic standards for all American citizens to vote 
safely and vote securely, while protecting elections from attempts at 
subversion. What is wrong with that? How is that a power grab, to 
allow people to vote? It is the people who should have the power, not 
politicians and State legislative bodies to take it away.

  The bill also fights against the power of Big Money that has cascaded 
into our system, and so much of it is now being used to try and 
intimidate legislators, Senators, and Congressmen from preserving this 
right to vote.
  And the bill ends partisan gerrymandering. We have all seen 
situations--the legislature of Wisconsin, the State Assembly, where 53 
percent of the people voted for Democratic legislators in 2020, but 
only about a third of the seats are Democratic due the severe nature of 
this gerrymandering.
  And, so importantly, these bills restore the critical preclearance 
provisions that were once part of the Voting Rights Act that many of my 
Republican colleagues supported in the past, which a conservative 
majority on the Supreme Court shamefully gutted roughly a decade ago.
  Democrats have tried for months--months--to convince our Republican 
colleagues to join us on a bipartisan basis to begin debate on these 
bills, to no avail. We presented these reasonable, commonsense 
proposals, as I said, many of which had been voted on by Republicans in 
the past. We presented them on the floor in June, August, October, and 
November. Each time I promised my Republican colleagues they would have 
the opportunity to voice their concerns and offer germane amendments. I 
wouldn't limit the germane amendments that they wished to offer.
  We have lobbied Republicans privately and tried to engage them in 
both the Senate Rules Committee and the Senate Judiciary Committee. 
Every step of the way--every step of the way--we have been met with 
near total resistance. To date, none of our efforts have produced any 
meaningful engagement from the other side of the aisle.
  But Members of this Chamber were elected to debate and to vote, 
particularly on an issue as vital to the beating heart of our democracy 
as this.
  I have said for months that just because Republicans have refused to 
work with us to protect voting rights does not mean Democrats would 
stop working to move forward on our own. The matter is simply too 
important. It is the wellspring of our democracy, the right by which 
all other rights are secured--voting.
  I am reading the biography of Grant, by Chernow. The No. 1 thing the 
southern segregationists, who happened to be Democrats at the time, 
wanted to take away from the newly freed slaves was the right to vote. 
They knew that, if Black people didn't have the right to vote in the 
South, they would have no power--no power over our laws, no power of 
where resources go, no power to decide the directions of the country. 
And that was the No. 1 thing they wanted to prevent.
  So it is so vital to keep people's right to vote, particularly when 
some of the laws--too many--are aimed at the people of color, reminding 
us that racism is the poison of America still.
  So we will move forward. The path I have laid out sets up a process 
by which Senators can finally make clear to the American people where 
they stand on protecting our democracy. Republicans will have a chance 
to show where they stand on preserving the right of every eligible 
citizen to cast a ballot.
  Republicans will have a chance to make clear where they stand on 
fighting efforts to empower partisan actors to subvert the election 
process and create more Big Lies in the future. Republicans will have a 
chance to make clear where they stand on fighting the power of dark 
money, which so many Americans oppose--Democrats and Republicans. And 
Republicans will have a chance to show where they stand on ending 
partisan gerrymandering.
  Of course, to ultimately end debate and pass anything, we will also 
need 10 Republicans to join us, ultimately, on cloture. If they don't, 
we will be left with no choice but to consider changes to Senate rules 
so we can move forward. And changing Senate rules has been done many 
times before in this Chamber. This is not the first, second, or third 
time that this is happening.
  All of us must make a choice about whether or not we will do our part 
to preserve our democratic Republic this day and age. We cannot be 
satisfied in thinking that democracy will win out in the end if we are 
not willing to put in the work, strength, and courage to defend it.
  Last night, I read the op-ed published by President Obama that 
eloquently laid out what really is at stake here. I encourage my 
colleagues to read it if they haven't already. He reminded us that 
democracy is not a given. It is not self-executing. But it can indeed 
survive and thrive if we are prepared to follow in the footsteps of the 
great Americans who did their part to defend democracy before us, many 
of them giving their lives. We are now being called upon to do our 
part.
  Madam President, I now ask unanimous consent to have printed in the 
Record the Obama op-ed, which I will bring to the desk shortly.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            [Jan. 12, 2022]

  Former President Obama In USA Today: We Need To Follow John Lewis' 
                  Example and Fight for Our Democracy

                   [By Former President Barack Obama]

       ``The world, and future generations, will be watching,'' 
     Obama writes as he calls on Senate to ``do the right thing'' 
     and pass legislation to protect voting rights.
       When I spoke at John Lewis' memorial service two years ago, 
     I emphasized a truth John knew better than just about anyone. 
     Our democracy isn't a given. It isn't self-executing. We, as 
     citizens, have to nurture and tend it. We have to work at it. 
     And in that task, we have to vigilantly preserve and protect 
     our most basic tool of self-government, which is the right to 
     vote.
       At the time, various state legislators across the country 
     had already passed a variety of laws designed to make voting 
     harder. It was an attack on everything John Lewis fought for, 
     and a challenge to our most fundamental democratic freedoms.
       Since then, things have only gotten worse.


             slow unraveling of basic democratic principles

       While the American people turned out to vote at the highest 
     rate in a century in the last presidential election, members 
     of one of our two major political parties--spurred on by the 
     then-sitting president--denied the results of that election 
     and spun conspiracy theories that drove a violent mob to 
     attack our Capitol.


                protesters attack the capitol on jan. 6

       Although initially rejected by many Republicans, those 
     claims continued to be amplified by conservative media 
     outlets, and have since been embraced by a sizable portion of 
     Republican voters--not to mention GOP elected officials who 
     do, or at least should, know better. Those Republican 
     officials and conservative thought leaders who have 
     courageously stood their ground and rejected such anti-
     democratic efforts have found themselves ostracized, 
     threatened and subjected to primary challenges.
       Meanwhile, state legislators in 49 states have introduced 
     more than 400 bills designed to suppress votes. Some of these 
     bills we've seen before: legislation that would discourage 
     voters, including racial minorities, low-income voters and 
     young people from casting a ballot. Others aim to treat 
     certain polling locations differently, creating one set of 
     rules for voters living in cities and another set for people 
     living in more conservative, rural areas.
       We're also seeing more aggressive attempts to gerrymander 
     congressional districts. Gerrymandering, which essentially 
     allows politicians to choose their voters instead of the 
     other way around, isn't new--and both parties have engaged in 
     it.
       But what we're seeing now are far more aggressive and 
     precise efforts on the part of Republican state legislatures 
     to tilt the playing

[[Page S197]]

     field in their favor. In states that have approved new 
     congressional maps, there are now 15 fewer competitive 
     districts than there were before. Fewer competitive districts 
     increases partisanship, since candidates who only have to 
     appeal to primary voters have no incentive to compromise or 
     move to the center.
       Finally and perhaps most perniciously, we've seen state 
     legislatures try to assert power over core election processes 
     including the ability to certify election results. These 
     partisan attempts at voter nullification are unlike anything 
     we've seen in modern times, and they represent a profound 
     threat to the basic democratic principle that all votes 
     should be counted fairly and objectively.
       The good news is that the majority of American voters are 
     resistant to this slow unraveling of basic democratic 
     institutions and electoral mechanisms. But their elected 
     representatives have a sacred obligation to push back as 
     well--and now is the time to do it.
       Now, there are bills in front of the Senate that would 
     protect the right to vote, end partisan gerrymandering, and 
     restore crucial parts of the Voting Rights Act. Bill sponsors 
     have diligently reached out to their Republican colleagues to 
     obtain their support. Sadly, almost every Senate Republican 
     who expressed concern about threats to our democracy in the 
     immediate aftermath of the Jan. 6 insurrection has since been 
     cowed into silence or reversed their positions. When one of 
     the bills in front of the Senate today was introduced in 
     November, every Democrat supported it. And every Republican 
     but one voted against moving it forward.
       Protecting our democracy wasn't always a partisan issue. 
     The Voting Rights Act was the result of Democratic and 
     Republican efforts, and both President Reagan and President 
     George W. Bush signed its renewal when they were in office. 
     But even if Senate Republicans now refuse to stand up for our 
     democracy, Democrats should be able to get the job done with 
     a simple majority vote. There are already 50 Senators who 
     support bills to safeguard elections. The only thing standing 
     in the way is the filibuster--a Senate procedure that allows 
     a minority of just 41 Senators to prevent legislation from 
     being brought up for a vote.
       The filibuster has no basis in the Constitution. 
     Historically, the parliamentary tactic was used sparingly--
     most notably by Southern senators to block civil rights 
     legislation and prop up Jim Crow. In recent years, the 
     filibuster became a routine way for the Senate minority to 
     block important progress on issues supported by the majority 
     of voters. But we can't allow it to be used to block efforts 
     to protect our democracy. That's why I fully support 
     President Joe Biden's call to modify Senate rules as 
     necessary to make sure pending voting rights legislation gets 
     called for a vote. And every American who cares about the 
     survival of our most cherished institutions should support 
     the president's call as well.


                 protecting our democratic institutions

       For generations, Americans of every political stripe have 
     taken pride in our status as the world's oldest continuous 
     democracy. We have spilled precious blood and spent countless 
     treasure in defense of democracy and freedom abroad. But as 
     we learned during the Jim Crow era, our role as democracy's 
     defender isn't credible when we violate the rights and 
     freedoms of our own citizens. And at a time when democracy is 
     under attack on every continent, we can't hope to set an 
     example for the world when one of our two major parties seems 
     intent on chipping away at the foundation of our own 
     democracy.
       No single piece of legislation can guarantee that we'll 
     make progress on every challenge we face as a nation. But 
     legislation that ensures the right to vote and makes sure 
     every vote is properly counted will give us a better chance 
     of meeting those challenges. It's how we can overcome the 
     gridlock and cynicism that's so prevalent right now. It's how 
     we can stop climate change, and reform our broken immigration 
     system, and help ensure that our children enjoy an economy 
     that works for everyone and not just the few.
       Now is the time for all of us to follow John Lewis' 
     example. Now is the time for the U.S. Senate to do the right 
     thing. America's long-standing grand experiment in democracy 
     is being sorely tested. Future generations are counting on us 
     to meet that test.

  Mr. SCHUMER. Finally, as we continue this important conversation 
about the future of our democracy, I ask my Democratic colleagues to 
consider the following: If the right to vote is the cornerstone of our 
democracy, then how can we in good conscience allow for a situation in 
which the Republican Party can debate and pass voter suppression laws 
at the State level with only a simple majority vote but not allow the 
United States to do the same?
  Let me repeat that.
  If the right to vote is the cornerstone of our democracy, then how 
can we in good conscience allow for a situation in which the Republican 
Party can debate and pass voter suppression laws at the State level 
with only a simple majority vote but not allow the U.S. Senate to do 
the same?
  In the coming days, we will confront this sobering question.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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