[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[House]
[Pages 16987-16994]
[From the U.S. Government Publishing Office, www.gpo.gov]




  MOTION TO INSTRUCT CONFEREES ON H.R. 3295, HELP AMERICA VOTE ACT OF 
                                  2001

  Ms. WATERS. Mr. Speaker, I offer a motion to instruct the conferees 
on the Help America Vote Act, H.R. 3295.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Ms. Waters moves that the managers on the part of the House 
     at the conference on the disagreeing votes of the two Houses 
     on the Senate amendments to the bill H.R. 3295 be instructed 
     to take such actions as may be appropriate to ensure that a 
     conference report is filed on the bill prior to October 1, 
     2002.

  The SPEAKER pro tempore. The gentlewoman from California (Ms. Waters) 
will be recognized for 30 minutes and the gentleman from Ohio (Mr. Ney) 
will be recognized for 30 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Waters).
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  This motion instructs the conferees on H.R. 3295, the election reform 
legislation, to complete their work and file a conference report prior 
to October 31, 2002. Mr. Speaker, it has been almost 2 years since the 
2000 Presidential election, an election that created a crisis of 
confidence in our Nation's election system. It has been more than 9 
months since the House of Representatives passed the Help America Vote 
Act, H.R. 3295. It has been more than 5 months since the Senate passed 
its version of election reform legislation, S. 565, the Martin Luther 
King, Jr. Equal Protection of Voting Rights Act of 2002 by a vote of 99 
to 1. Yet the conferees still have not completed their work.
  The 2000 Presidential election lost between 500,000 and 1.2 million 
votes because of faulty machines, confusing ballot designations and 
designs, reported voter intimidation, and other human and mechanical 
impediments to the voting process. According to the United States 
census population survey, 2.8 percent of the 40 million voters who did 
not vote in 2000 stated they did not vote because of problems with 
polling place operations such as long lines and inconvenient hours or 
locations. Many of those who did vote in 2000 found themselves 
wondering whether their vote was counted and whether they actually 
voted for the candidate of their choice. We have already begun to 
observe similar problems in the 2002 primary election in several 
States, not to mention Florida one more time.
  Mr. Speaker, in February of 2001, because of all of this, House 
Democratic leader Richard Gephardt asked me to lead the Democratic 
Caucus Special Committee on Election Reform. The committee was given 
the responsibility to travel throughout America and examine our 
Nation's voting practices and equipment. Over a 6-month period of time, 
this committee held six public-filled hearings in Philadelphia, San 
Antonio, Chicago, Jacksonville, Cleveland, and Los Angeles. We heard 
from election experts and hundreds of voters about what is wrong with 
our election system. I was overwhelmed by the outpouring of interest 
and support we received from our Nation's voters.
  Our committee released a comprehensive report on November 7, 2001, 
the anniversary of the 2000 election debacle. The committee's report, 
entitled Revitalizing our Nation's Election System, set forth targeted 
minimal standards for Federal elections in order to guarantee that 
every vote will count. This report became part of the foundation for 
H.R. 3295, the Help America Vote Act of 2001.
  Mr. Speaker, not only did Leader Gephardt appoint me to lead the 
Democratic Caucus Special Committee on Election Reform, many other 
committees around this country were working to try to find out what 
went wrong, what is wrong with our election system, what is it we have 
not paid attention to, what caused us to get to the point of such 
dysfunction in that election. The NAACP held hearings. The U.S. 
Commission on Civil Rights held hearings. There was a Carter-Ford 
Commission, and then, of course, this legislation was taken up that I 
am referring to by the Committee on House Administration led by the 
gentleman from Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. 
Ney). And, of course, even though the gentleman from Michigan (Mr. 
Conyers) is not here today, our ranking member on the Committee of the 
Judiciary has spent countless hours meeting with human rights groups 
and civil rights groups not only here in the Capitol but across the 
country, and I am told by the gentleman from Michigan (Mr. Conyers) 
that wherever he travels, he is asked what is going to be done about 
election reform? What are you going to do to correct the problems in 
the election system?
  In addition to that, the Leadership Conference on Civil Rights and 
many others that I am unable to notice today have already been holding 
hearings, gathering information and trying to bring us to a point of 
reform.
  With that, let me just say that the Help America Vote Act would 
establish the election assistance commission, set up a program to buy 
out or improve antiquated punch card voting systems, authorize funds to 
improve the administration of elections, improve procedures for uniform 
and overseas voters, and set certain minimal standards for State and 
local election systems.
  The Help America Vote Act was passed again by the House of 
Representatives on December 12, 2001, by an overwhelming vote of 362 to 
63. You can see, Mr. Speaker, it is time for us to do something. It is 
time for the conferees to act. We need to get this conference report 
done and reported out.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of the gentlewoman from California's (Ms. Waters) 
motion to instruct, the one offered by the distinguished Member. I want 
to thank her for offering the motion.

[[Page 16988]]

  I believe that the conferees, Mr. Speaker, on the election reform 
bill are within sight of an agreement that will bring critically needed 
aid and assistance to improve elections in the United States, and I 
believe this motion to instruct will have a positive effect of 
reminding the conferees on both sides of the aisle that reasonable 
negotiations are critical to getting this conference report done in the 
very near future. It is not that we need reminding, but I think this 
helps. We simply cannot afford to deadlock this conference because 
either side makes unrealistic demands at the last minute.
  Let us talk for a minute about what both sides agree on, and I think 
it is important to note. We agree that we should authorize substantial 
sums of Federal dollars to modernize election systems in the next few 
years. We agree that obsolete voting systems like punch cards and lever 
machines should be replaced as rapidly as possible. We agree that 
voters in all States should have their rights protected by imposing 
basic requirements. We agree that those requirements should include 
guaranteed access to voting machines and ensure ballot access and 
secrecy for those who have a form of a disability. We agree that they 
should guarantee a voter's right to review his or her ballot to correct 
errors before that ballot is cast. We agree that they should guarantee 
a voter's right to provisional ballots so no voter is turned away from 
the polls in the United States. We agree that there should be an 
election assistance commission to help States comply with these 
requirements. We agree that there should be strong enforcement by the 
Department of Justice to ensure that these provisions are fully 
complied with as the law of the land. We agree there should be research 
and pilot programs to develop and to test new technologies to improve 
our voting systems.
  We also agree, Mr. Speaker, there should be programs to encourage 
both college and high school students across America to volunteer as 
poll workers or assistants where local election officials need them on 
a nonpartisan basis. We agree the rights of military and overseas 
voters should be protected and enhanced.
  In addition to taking steps to make it easier to vote, we have agreed 
that steps must be taken to make it harder to cheat.
  Leaders on both sides of the Capitol stand behind the antifraud 
provisions passed overwhelmingly by their prospective Houses. I am 
confident that these provisions to improve the integrity of our 
political process, along with the many other requirements we all agree 
upon should be imposed, will be included in a final package.
  There are some who doubt that agreement can be reached. They say 
judgments have been made by some and that a partisan issue for the 2002 
elections may be more valuable than the improvements in the process 
that would be achieved by this bill, and shame on anybody on either 
side of the aisle or anybody across the country that would want to 
politicize this.

                              {time}  1545

  I believe the basic core of this institution on both sides of the 
aisle and the basic core of advocacy groups across the Nation want to 
produce a product, and I know the conferees also do.
  I reject the analysis that has been made that this will be held up 
because of an issue versus a product that is good for people. I know 
that we can set aside partisanship and get this bill passed, and we 
must. I want to take this opportunity to praise the gentleman from 
Maryland (Mr. Hoyer), the ranking member on the Committee on House 
Administration.
  I want to also praise members of the conference committee, Senators 
Dodd, McConnell, Bond, Schumer, the input of the gentleman from 
Michigan (Mr. Conyers), and on our side of the aisle, members of the 
Committee on House Administration that produced this product and other 
conferees, including the gentleman from Missouri (Mr. Blunt) who has 
been extremely helpful.
  I want to say something about the process for a little bit. There was 
debate on a select committee which I did not think was a bad idea, it 
was agreed to mutually on a bipartisan basis, and after the give-and-
take and public debate over the issue, the bill and the idea came to 
our committee, frankly, from the gentleman from Maryland (Mr. Hoyer) to 
have the Help America Vote Act.
  We diligently worked on it. Despite campaign finance reform, despite 
anthrax in the buildings, we continued to work on it. Why does it take 
so long? It is a complicated bill that is going to have good 
ramifications down the road, and it needed to be intensely worked on. 
It is a bill that I believe we can be proud of.
  Without the help and assistance of the gentleman from Maryland (Mr. 
Hoyer), we would not be close to agreement; and I count on the 
gentleman's continued help and assistance to ensure that this bill is 
enacted before the end of the session.
  Throughout the discussions, the gentleman from Maryland (Mr. Hoyer) 
has insisted that we focus on the top priorities, such as getting this 
bill done as soon as possible so States can start to plan for the 2004 
elections. Both sides of the aisle understand the importance of getting 
money out to local and State officials as rapidly as possible without a 
time-consuming and burdensome Federal bureaucracy getting in the way. 
We understand that there is no single issue that can be allowed to 
prevent this bill from passing. We are continuing to communicate and 
talk.
  I also thank all of the groups who have encouraged and supported our 
efforts to get this bill passed, including the National Federation of 
the Blind, the National Association of Secretaries of State, the 
National Association of Counties, the National Association of Clerks 
and Recorders, the Election Center, and the advocacy groups that are 
out there with disabilities, civil rights and all of the other groups 
across this country that have had hearings and made input into the 
system.
  There is much work left to be done, and I know we are running out of 
time, but I believe we can meet that challenge. I look forward to being 
on the floor in the near future and enacting a bill with broad 
bipartisan support, a bill that makes it easier to vote and harder to 
cheat, a bill that would demonstrate to all Americans that this 
Congress can put aside partisanship and improve the election process 
for all of our citizens.
  There is a lot of talk across the country, and knowing the rules of 
the House, I will just say of things not going up and down the hallways 
and coming back here and there. Let me say on this particular issue, we 
want to make sure that all the bodies of the Congress work together and 
enact something that is going to be down the road for generations, 
something to be proud of and something which ensures integrity in our 
system.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield 6 minutes to the gentleman from 
Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the gentlewoman from California (Ms. 
Waters) for yielding me this time, and for her leadership. She has been 
extraordinary since November 2000 working on this issue. I also want to 
thank the gentleman from Florida (Mr. Hastings) and the gentlewoman 
from Texas (Ms. Eddie Bernice Johnson), the chairwoman of the 
Congressional Black Caucus. I also want to thank the gentleman from 
Rhode Island (Mr. Langevin) who has done such yeoman work on this bill, 
along with the gentleman from Ohio (Mr. Ney), who has been very 
responsible for the disabilities provision in this bill.
  Mr. Speaker, let me begin by recognizing the outstanding leadership 
of the gentlewoman from California (Ms. Waters,) whom I mentioned, who 
has tirelessly championed the cause of election reform, as has the 
gentleman from Florida (Mr. Hastings), the gentleman from Rhode Island 
(Mr. Langevin) and the gentlewoman from Texas (Ms. Eddie Bernice 
Johnson). As chairwoman of the Democratic Caucus Special Committee on 
Election Reform, of which I was a member, the

[[Page 16989]]

gentlewoman from California held hearings all over this country to 
learn what ails our election system. Many of the recommendations of her 
committee are included in the bill that was drafted.
  As last week's primary in Florida confirms, the problems of the 2000 
election will not go away until the Congress and the States enact 
meaningful national standards and offer States and local authorities 
the resources to improve their election infrastructure.
  Mr. Speaker, I have said a lot of people worked hard on this 
legislation, and they have. But frankly, thanks in large measure to my 
indefatigable colleague from Ohio, we have made the progress that we 
have. We are closer than ever to enacting the most comprehensive 
package of voting reforms since the Voting Rights Act of 1965.
  The gentleman from Ohio (Mr. Ney) has been an unwavering advocate of 
reform, a strong proponent of the provisions that he believes are 
important to be in this bill; and frankly, expressing concerns about 
those provisions he thinks ought not be in the bill, but always focused 
on passing legislation that will assist the States and assist our 
voters in making our democracy even more perfect.
  He has been an advocate of reform that will require States to offer 
provisional ballots to all voters whose registration, for one reason or 
another, is not properly included on the rolls; reform that will 
require States to maintain statewide computerized registration lists to 
ensure the most accurate, up-to-date rolls and minimize the number of 
voters who are incorrectly removed from voters' rolls; reforms that 
will reward States for retiring obsolete voting machines, especially 
the notorious punch card machines and their dangling chads, that 
prompted this Congress to act in the first place. And I might add that 
the gentleman from Ohio (Mr. Ney) and others have brought to our 
attention as well the problems that the lever machines cause because of 
the unavailability of parts to repair those particular machines.
  This bill includes reforms that require voting systems to be 
accessible for individuals with disabilities, a cause that the 
gentleman from Rhode Island (Mr. Langevin) has been untiring in 
advocating to ensure all Americans, irrespective of disabilities, have 
access to the polling place, have a technology that they can use, and 
can cast their vote in secret. We thank the gentleman from Rhode Island 
(Mr. Langevin) for his outstanding leadership.
  I want to say that the gentleman from Ohio (Mr. Ney) has been 
particularly focused on including nonvisual accessibility to the blind 
and visually impaired to allow them to vote privately and 
independently, and reforms that allow voters to review and correct 
their ballots before they are cast. I call that second chance voting. 
It is a critically important component of our bill because it will tell 
the voter that they voted for too many people, they did not vote for 
this position or that position, do you want to? So that the voter, when 
they leave the polling place, will have confidence that they have cast 
correctly a ballot which will reflect their views.
  This bill includes reforms that do not weaken any existing voting 
rights laws and includes meaningful enforcement and ensures that every 
vote counts.
  Mr. Speaker, this motion made by the gentlewoman from California (Ms. 
Waters) is intended to ensure that we on the conference committee 
complete our work prior to October 1, 2002. Our chairman supports that 
motion, and given the progress the conference committee has made in the 
past 7 days, I am optimistic that we will meet that deadline.
  All of us have one person in this House to thank for that process, 
the gentleman from Ohio (Mr. Ney). Frankly, without the gentleman's 
leadership and his chairmanship of this committee, we would not be as 
far along as we are.
  At the urging of the chairman of the Committee on House 
Administration, as well as the distinguished gentleman from 
Connecticut, Senator Dodd, Members will be happy to know that the 
principal conference members and their staffs have been meeting 
diligently long hours to resolve the outstanding issues that remain.
  Frankly, Mr. Speaker, at the beginning everyone sort of circled 
everyone; but I can assure Members there was honest, open, positive 
discussion occurring.
  Motions to instruct are often intended to urge conference members to 
head in directions they may not want. This motion directs us to move in 
a direction we want to move. I thank the gentlewoman from California 
(Ms. Waters) for her leadership and for this motion. I thank the 
gentleman from Ohio (Mr. Ney) for his commitment to the passage of this 
legislation. America will be a better place for this legislation having 
been adopted.
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Maryland (Mr. Hoyer) for his 
comments and his integrity and sincerity on this issue.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Rhode Island (Mr. Langevin).
  Mr. LANGEVIN. Mr. Speaker, I first want to thank the gentlewoman from 
California (Ms. Waters) for offering this motion to instruct today and 
for her leadership on this very important issue. I also want to echo 
the comments of the gentleman from Maryland and thank the gentleman 
from Ohio (Mr. Ney) and, of course, the gentleman from Maryland (Mr. 
Hoyer) as well for his hard work on this bill.
  Mr. Speaker, as we enter the closing days of the 107th Congress, the 
House faces a number of legislative initiatives that we would like to 
complete. While many of these are necessary to keep our government 
running and to protect the American people, we must not forget our 
responsibility to protect the fundamental right to vote. The election 
debacle of November 2000 was not an isolated incident. Last week's 
primary in Florida demonstrated we still have serious problems with the 
administration of our election systems.
  I know that many States, including Rhode Island, are poised to 
initiate substantial election reforms but are merely waiting for the 
Federal Government to issue guidelines and provide funding. The 
gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. 
Hoyer) were instrumental in crafting H.R. 3295 which passed the House 
with strong bipartisan support. While our bill differs from the other 
Chamber in several respects, these differences are not insurmountable. 
I know that the conferees of H.R. 3295 have the American people's best 
interests at heart, and I encourage them to work expeditiously to 
resolve the remaining disagreement and develop a conference report that 
we can pass before the end of the year.
  Mr. Speaker, I urge my colleagues to support the Waters motion to 
instruct.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield 5 minutes to the gentleman from 
Florida (Mr. Hastings).
  Mr. HASTINGS of Florida. Mr. Speaker, I rise in strong support of the 
motion to instruct election reform conferees being offered today by the 
gentlewoman from California (Ms. Waters), the chairman of the 
Democratic Task Force on Election Reform. I appreciate the 
gentlewoman's work that she has done in the past on election reform, 
and I applaud the work that she continues to do on this issue that 
continues to burn at the heart of every American.
  In all candor, the gentleman from Ohio (Mr. Ney) and the gentleman 
from Maryland (Mr. Hoyer) are to be complimented by all of us, as well 
as the persons that have been mentioned heretofore, and all of the 
members of the task force that worked with them in developing our 
position.
  I am a bit put out that in this same body where all of us stood with 
former Vice President Gore presiding, all of us that were here on that 
day to say that an election had been free and fair, are somewhere now 
scattered throughout Washington, and I recognize that Members have 
other agendas, but I am alarmed that this room is not full.

[[Page 16990]]



                              {time}  1600

  In Florida, my constituents are reaping the firsthand devastation of 
Federal inaction. During Florida's primary election last Tuesday, 14 
counties in Florida faced similar problems to the ones that we faced on 
Election Day 2000. Ranging from malfunctioning voting equipment to 
uneducated poll workers, voters in my State never had a chance to 
benefit from the provisions that the House approved with the assistance 
of the gentleman from Ohio (Mr. Ney), the gentlewoman from California 
(Ms. Waters), and the gentleman from Maryland (Mr. Hoyer) in the Help 
America Vote Act. Instead, last Tuesday was, to quote an overworked 
phrase, deja vu all over again. While Florida voters were robbed once 
again, Congress remains silent.
  After the election in 2000, Governor Bush and President Bush said 
that that would never happen again. The President has every right to do 
as he is doing, traveling around the Nation to put his case before us 
as we move toward November. But not one peep has come from this 
President. I have heard about Iraq. I have heard everything about a 
defense authorization bill. We are here doing this in an effort to not 
be doing appropriations. We have not done but five of 13 in the House 
and this President has not signed one single solitary appropriations 
measure. I doubt very seriously if we will.
  When history judges the work that the 107th Congress has done, it 
will undoubtedly view the debate we are having right now as the 
landmark failure of this body. Who would have ever thought that after 
the sham and debacle of an election we had in 2000, that a Member, 
Republican or Democrat, would ever need to come to the floor of this 
body urging House and Senate conferees to reach a deal on an election 
reform package?
  I hope that my colleagues realize, and I am sure they do, that the 
calendar records 606 days have passed since Election Day 2000, while 
this body has spent time cutting taxes as we did yesterday and in some 
resolution we are going to bring up tomorrow to remind the Senate that 
they are supposed to make permanent some tax cut while we go forward 
talking about a war and not finishing up the war on terrorism and 
having all sorts of things from prescription drugs to everything facing 
us in our body politic. No doubt what we are more about is rewarding 
the wealthy corporate persons and furthering corporate 
irresponsibility. This body has neglected to do anything to reinstate 
integrity in the American election process.
  Elections are the foundation of our representation. Representation is 
the foundation of our democracy. Thus, we must never find ourselves 
again questioning the methods by which we choose our leaders. I say, if 
the House can create a Department of Homeland Security in one month, 
then the election reform conference committee can certainly reach an 
agreement in a year.
  Mr. Speaker, as I was walking over to the Capitol this afternoon to 
speak in support of the gentlewoman from California's motion, I was 
trying to think of how many times I have spoken out for election 
reform. Quite frankly, I cannot remember; but I know it is too many 
times.
  Too many times have the American people's cries for fairness and 
democracy in our election system gone unanswered. Too many days have 
passed by since our last Federal election left former President Jimmy 
Carter proclaiming, ``If the Carter Center were to grade the American 
election system, it would fail.'' Too many opportunities have passed 
when Congress has gone home early for the week before assuring 
Americans that their votes will always count. Before long, we will be 
saying that too many elections have occurred while Americans continue 
to vote on an election system that we know is broken. That is a notion 
that I am not willing to even consider and neither are the American 
people. If we fail to act, it is an outrage.
  Mr. NEY. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Florida (Mr. Foley).
  Mr. FOLEY. Mr. Speaker, I join together on the floor today with my 
colleague from Florida (Mr. Hastings) because I too have spoken at each 
of our occasions here on the floor, with the gentleman from Ohio (Mr. 
Ney) and the gentleman from Maryland (Mr. Hoyer) and others in urging 
passage of this important legislation.
  What happened in Florida's primary election this year is an example 
of exactly why we need to complete this conference as soon as possible. 
The Florida legislature passed legislation that outlawed punch cards, 
included new technology, called for improved election management 
practices and policies and introduced a statewide computerized 
registration system. The State was not afraid to spend money to support 
this effort. They set aside $32 million to improve the way elections 
were run. The counties responded with approximately an additional $50 
million of local money designed to complement this statewide 
initiative. It is very difficult for anyone to argue that Florida was 
not committed to changing the way elections were run in their State. In 
fact, the gentleman from Ohio (Mr. Ney) and his staff spent the last 2 
years studying elections across the country, talking to election 
officials, voters, disability advocacy groups, election machine vendors 
and other experts in the field. Based on what they learned, Florida 
spent more money on new voting equipment than any other State in the 
country during the last 2 years. They also made significant 
improvements in election management policy, including the introduction 
of provisional voting, second-chance voting, definitions of what 
constitutes a vote, and other improvements.
  So what happened in Florida? Sixty-seven counties in Florida comprise 
our State. We heard about major problems in two counties, Dade and 
Broward. For those who tried to lay the blame at Governor Bush's feet, 
it is worth noting that the officials actually responsible for running 
those elections in these two counties are Democrats. The good news is 
that the overwhelming majority of Florida counties got it right. In 
addition to implementing new legislative districts, they changed the 
way they keep track of voter registration records, introduced new 
voting technology, they trained poll workers and educated voters on how 
this technology works.
  Let me remind Members of my home county, Palm Beach County, where our 
supervisor of elections, Teresa LePore, who was much criticized during 
the 2000 election because of the butterfly ballot decided to take the 
new voting technology to virtually every group that would have her. She 
went to Kiwanis, she went to Rotary, she went to synagogues, she went 
to mosques, she went to shopping centers and displayed the new touch 
screen voting technology. She trained her workers. She educated her 
workers and her poll workers and her deputies. She actually had mock 
elections outside of public supermarkets in order for the community to 
be more comfortable with the voting machine. Thankfully, because of 
that effort and that time she took, we had very little problem in Palm 
Beach County. In fact, we had a 98.5 percent success in Florida. We are 
suffering the aftermath of two counties.
  I regret that there were not a lot more people exercised about what 
happened in Dade and Broward. I was exercised that not every vote 
counted in the 2000 election, and I am convinced that some people 
should have been more vocal and vociferous because of what happened in 
Dade and Broward.
  The gentleman from Ohio's staff of the Committee on House 
Administration observed primaries in Lee County, Florida. Lee County 
used the same new touch screen voting technology as 11 other counties 
in Florida did, including Broward; but they did things a little 
differently. They spent extra time recruiting and training poll 
workers. I want to underscore that. Extra time recruiting and training 
poll workers. Educating their voters, buying extra voting machines so 
voters could practice at the precinct. They even went to the trouble of 
making a video on how to use the new technology and had it play in each 
precinct in the county during election day. Lee County, Florida, home 
of our own Porter Goss. In

[[Page 16991]]

addition, they installed modems in all the precincts so that the 
election results could be electronically transmitted to the central 
office as soon as the polls closed. The local media and voters declared 
the election in that county a success. This is how election reform 
should work. Proven in several counties. A few problems in two 
counties. So let us not minimize the importance of the legislation 
before us.
  My contention from the beginning has been if we are going to 
implement meaningful reform, we cannot do it in a partisan manner. 
Managing good, solid elections that count every vote cast is not about 
what party you belong to. It is about sound public policy. Election 
officials need time to implement the meaningful changes that election 
reform will bring. It is imperative that we move this bill out of 
conference as soon as possible so that they are not rushed into making 
bad decisions, sending ill-trained poll workers to the polls, 
introducing new technology without educating voters, or repeating any 
of the other mistakes we saw in those two counties in Florida.
  I commend the gentleman from Florida (Mr. Hastings), as I do others 
in our delegation, the gentlewoman from Florida (Ms. Brown) and others 
who have also been vociferous in wanting to improve the election system 
not only in our home State but in every State of the Union. This is 
critical, it is timely, it is urgent; and I urge the conference to 
report out the bill.
  Ms. WATERS. Mr. Speaker, I simply want to thank the gentleman from 
Florida (Mr. Hastings) for all the work he did on the special committee 
on reform. He supported it 100 percent.
  Mr. Speaker, I yield 4 minutes to the gentlewoman from Texas (Ms. 
Eddie Bernice Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in 
strong support of this urgent motion to instruct conferees on election 
reform.
  Mr. Speaker, the most fundamental issue facing all of us during this 
Congress is restoring the public's faith in democracy. To restore that 
faith in democracy, we must make sure that every vote cast is counted. 
Equal protection of voting rights laws requires an electoral system in 
which all Americans are able to register as voters, remain on the rolls 
once registered, and vote free from harassment. Ballots must not be 
misleading. And, again, every vote must count.
  In the 2000 election, Florida was not the only State where American 
citizens were denied the full exercise of their constitutional 
franchise. It happened all over this Nation. Moreover, most of those 
excluded from democracy were Americans of color. That is why election 
reform has been the number one legislative priority of the 
Congressional Black Caucus. We will not be silenced until this Congress 
answers this call. This is not, however, a black issue or a white issue 
or a brown issue. It is an American issue. It is a red, white, and blue 
issue. The survival of our democracy depends on the accuracy and 
integrity of our election system. Just last week, we received yet 
another wake-up call from the Sunshine State reminding us that the time 
for election reform is now and that we must do whatever it takes to 
pass this election reform bill immediately.
  I would like to thank Senator Dodd, the gentleman from Michigan (Mr. 
Conyers), the gentleman from Maryland (Mr. Hoyer), the gentleman from 
Ohio (Mr. Ney) whom I have worked very closely with, the gentlewoman 
from California (Ms. Waters), and all the others, most especially the 
African American delegation from Florida, for bringing the information 
and offering to be available to answer any questions at any time. I 
know that this election reform conference committee has been working 
diligently and they have come close to a compromise on this issue. I 
hope, Mr. Speaker, that soon, before we recess, this conference report 
will come out for us to vote on in an acceptable manner.
  Now that we have come so close to compromise and now that the next 
round of Federal elections is right upon us, even though it probably 
will not affect it, the price for not passing election reform during 
this Congress is far too high. It is imperative that the conference 
committee continue its hard work and come to an agreement before the 
end of this month. We cannot afford to let this opportunity slip away.
  I know, Mr. Speaker, how many hours the gentleman from Maryland (Mr. 
Hoyer) and the gentleman from Ohio (Mr. Ney) and Senator Dodd have 
spent working on this issue. I have talked to someone every day on it. 
It is time for us to finalize this conference report and bring it 
forth.
  Mr. NEY. Mr. Speaker, I yield 6 minutes to the gentleman from Florida 
(Mr. Shaw).
  Mr. SHAW. I thank the gentleman for yielding me this time.
  Mr. Speaker, as I understand it on both sides, I think there is great 
agreement with regard to the motion to instruct on this particular 
bill, so I am not here to debate that; but I am here, I think, to help 
set the record a little bit straight as to exactly what happened in 
Florida.
  As we know, Florida was the middle of a hurricane during the last 
election, so it has received a great deal of attention. The Florida 
legislature spent a great deal of money in buying, purchasing and 
helping the counties put in place, as well as the county commissions, 
the state-of-the-art, or what we thought was the state-of-the-art 
voting machines, electronic machines. This was a new type of voting 
process for most of the counties in the State of Florida.

                              {time}  1615

   In my own home county of Broward County, the wheels sort of fell off 
the wagon.
  Now, what exactly happened? According to the Registrar of Elections 
in Broward County, 150 of her workers did not show up, a lot of those 
that did were not properly trained, and there was great confusion 
within the voting places.
  Many precincts opened late, as late as noon. In order to try to 
compensate for that, the Governor extended time for voting until 9 
o'clock, but many of the precincts closed at 7 because they could not 
find the people that would stay over or because the word never got out 
to the poll workers that they were supposed to stay until 9.
  Now, whose fault is this? I have heard too many people, and even Vice 
President Gore, former Vice President Gore was in the district today, 
trying to blame this on our Governor, Jeb Bush. Jeb Bush did not elect 
the Supervisor of Elections in Broward County; the people of Broward 
County did. Jeb Bush did not hire the poll workers that did not show 
up; the Supervisor of Elections did. Jeb Bush did not train the workers 
to operate the different voting machines. That is the responsibility of 
the Supervisor of Elections.
  So, pray tell, what is the Governor's responsibility here, other than 
to support bringing state-of-the-art equipment into the State of 
Florida, which he did, which the state legislature did? There were just 
some colossal errors.
  Unfortunately, with all the finger pointing, people wonder, what in 
the world? I even heard the President being blamed here on the floor a 
while ago. That makes absolutely zero sense. The President of the 
United States does not run the voting precincts in the State of 
Florida, the State of California, or any other State.
  The Governor of the State of Florida, particularly in Broward County, 
his only responsibility is, perhaps you could argue, that if he does 
not remove the duly elected Registrar of Elections, that somebody could 
blame him for not removing this particular person. But it does not 
appear that is the way he is going. It appears he has sent down the 
Secretary of State, Jim Smith, who has come down and spent a great deal 
of time working with the people in Broward County to be sure this does 
not happen again. A citizen's committee has been set up.
  The County Commission and our sheriff, Sheriff Jenne, has been 
working with the Registrar of Elections, doing everything they can to 
make this system work. The Governor has been totally cooperative. The 
Governor of the State of Florida is not the voter registrar in Broward 
County, and that is just the beginning and the end of it, and there is 
nothing further to really say with regard to that.

[[Page 16992]]

  If people are going to blame the Governor, they should come here and 
say exactly what he did. If they are going to blame the President, they 
should come down and tell us what his responsibility is in getting 
people to the polls and getting the polls to work in Broward County.
  Mr. FOLEY. Mr. Speaker, will the gentleman yield?
  Mr. SHAW. I yield to the gentleman from Florida.
  Mr. FOLEY. Mr. Speaker, I would ask the gentleman to please repeat 
the number of people that failed to show up at the Broward County polls 
that were workers that were allegedly hired by the Broward County 
Supervisor of Elections. Was it 150?
  Mr. SHAW. One hundred fifty people.
  Mr. FOLEY. Mr. Speaker, if the gentleman will continue to yield, this 
is something I wanted to elaborate on. I think the gentleman has done a 
great job on it. The county elects their own supervisor who is charged 
and mandated with the task of carrying out the elections.
  Mr. SHAW. The gentleman is correct. In Dade County, it is appointed 
by the Dade County Commission, so it is different. It is the way the 
charter is set up.
  Mr. FOLEY. If the gentleman will yield further, one other thing I 
would like to elaborate on, is the Secretary of State, Jim Smith, who 
has recently been appointed, warned the Democratic Party officials 
about problems in Broward County, brought it to their attention. The 
State offered resources, the State tried to help, and the Broward 
County elected supervisor rejected all efforts to assist in the 
election.
  This is different. Things were done, attempts were made to try to 
help during this critical and important election following 2000. All 
offers were rebuffed. I think that official bears sole, complete 
responsibility for the election outcome in Broward County, and Dade 
County has the same problem to address.
  Mr. SHAW. Mr. Speaker, reclaiming my time, I would like to conclude 
by saying that the Governor and State officials in Florida are doing 
everything possible. Our County Commission in Broward County is doing 
everything possible to be sure they get a full count in Broward County.
  Interestingly enough, all but one of our County Commissioners is a 
Democrat, the Voter Registrar is a Democrat, Broward County will 
deliver a big Democrat vote for the Democrat nominee for Governor, and 
the Republican Governor, Jeb Bush, is doing everything in his power to 
see to it that all the people, Democrats and Republicans in Broward 
County, get a fair count this time, that they do not go through the 
fiasco that we went through last Tuesday.
  So I would like to just conclude with that, that I wish our Registrar 
all the best on November 5. It is going to be closely watched, but I 
think with all the assistance we are getting that the Registrar will 
have a great day and a great evening, and we will end up all being very 
proud of what is going to happen in Broward County. Republicans and 
Democrats want to be sure every vote gets counted.
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I had not intended this to be a platform for the defense 
of Jeb Bush or any other Governor, but, since it has been made such, 
the buck stops at the top.
  Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from the 
District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I thank the gentlewoman for yielding me 
time, and especially thank her for bringing this motion to instruct to 
the floor so we will not be put in the shameful position of perhaps 
going home again, we cannot go home again, without doing something 
about this bill.
  Virtually every primary is over. We are 2 years past the worst 
election crisis in the United States of America. We have heard defense 
of Florida, we have heard partisan comments about the counties 
involved. The point of crisis has shifted from the States to the 
Congress of the United States.
  We are sitting here with our thumbs in our mouths, knowing full well 
that Florida and every State of the Union cannot do it by themselves. 
That is really all Florida says to me. Florida is like a canary in the 
coal mine. Just as it was in the presidential election, we never would 
have learned without the fiasco of the 2000 election that we have 
broken election systems throughout the United States of America.
  Florida redux is shameful, to be sure; to have the same crisis emerge 
in similar counties is shameful, to be sure. But we are going to have 
that over and over again unless we do our job.
  Why name the President of the United States? Because he is the 
President of the United States, and it was his election, that is why. 
Because he has the bully pulpit, that is why. Because he ought to step 
up and say to the conference committee what the gentlewoman from 
California is saying: ``Hey, shake it loose so we don't do it again.'' 
Yes, it is his responsibility, and it is especially our responsibility.
  It is shameful that the NAACP has to go retail. It has had to go 
county by county to just settle a suit there on such basics as, I 
remember one of the provisions is that you have to provide an 
alternative way to vote in case you are challenged at the polls? 
Really? In 2002 we are just saying that?
  In Virginia, I have read thousands of different things that have 
happened county by county as counties go by themselves retail trying to 
fix the system in Virginia. One county that had 600 overvotes was 
reduced to one last year. How many overvotes must there have been 
throughout the United States that nobody even knows about now because 
they have not been dealt with?
  If you want to know what we have to do with Florida, it is known as 
congressional leadership, Federal leadership, and it is known as the 
right to vote. And that buck, yes, I say to the gentlewoman, stops at 
the top, and we are the top of that pyramid.
  We did not know until Florida. My friends, now we know. That means 
now we are responsible. Any disagreement, as I have heard there is on 
voter ID, I just want to say right here is the most shameful, the most 
shameful cause of disagreement. The notion about just how much ID you 
ought to have before you, with your American self, can cast your vote, 
exercise your right to vote? It is a chilling reminder of years past.
  I want to say right up front; this is a civil rights issue, only this 
time everybody understands the civil rights is not for African 
Americans alone. In Florida we saw people of all races and backgrounds, 
all educational backgrounds, got caught in what African Americans have 
been caught in for decades.
  Let us free the American people and let them all vote in November.
  Ms. WATERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas.
  The SPEAKER pro tempore (Mr. LaHood). The gentlewoman from Texas (Ms. 
Jackson-Lee) is recognized for 4 minutes.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentlewoman and gentleman for yielding me time.
  Mr. Speaker, I just want to thank the gentlewoman from California for 
this motion to instruct and for her leadership in chairing the Election 
Reform Task Force, which I had the pleasure of joining her on in 
several cities throughout the Nation. This is an important motion to 
instruct, but it is also an important conference.
  I would like to add my appreciation to the gentleman from Ohio 
(Chairman Ney) and the ranking member, the gentleman from Maryland (Mr. 
Hoyer), for the work that they have done, along with the gentleman from 
Michigan (Mr. Conyers), and I serve on the conference committee. Also 
the gentleman from Michigan (Mr. Barcia), who is a leader on this 
issue, and many others.
  I would like to speak to the importance of the conference and the 
work yet undone and the importance of this motion to instruct for 
October 1. I would like to emphasize that the Constitution and election 
reform is not partisan. The example that we saw in

[[Page 16993]]

Florida is an issue that should be of concern to Republicans and 
Democrats, and I believe that this legislation will be a cornerstone to 
solving some of the problems when we have Federal requirements, even 
though we saw the legislature in Florida try to act upon it.
  But let me move away from Florida and use Texas as an example of why 
this Federal bill is so very important. In the State of Texas we will 
be entering into one of the most historic elections come 2002, because, 
for the first time, we will have at the top of the ticket two 
individuals who are Americans, of course, but represent the great 
diversity of the State of Texas.
  But in the State the election system is also diverse, but not to the 
positive, but to the negative. In the State of Texas our ballots are 
counted by hand. They are punch card ballots, they are write-in 
ballots, and, yes, in the largest county in Texas, they will be by E-
Slate.
  Texas has the ability to vote straight ticket, as many jurisdictions 
have. We are just discovering that the E-Slate that we have in the 
State of Texas, which I think will be in another county as well, does 
not function right for voters of either party that may choose to select 
their candidates by voting a straight ticket. That is a privilege of 
those who vote. That is a chilling effect where you cannot utilize 
certain equipment and vote the way you desire.
  With Federal requirements, that will provide assistance to ensure 
that there is a consistency of vote throughout the state, but, more 
importantly, it will also provide training dollars which are so 
desperately needed.
  I have to go home this weekend and test the machine. Others have 
tested it, as I have encouraged them to do, but I have to test it, 
because there is a problem. I believe this legislation has the ability 
to bring consistency and bring to people the privilege of voting that 
the Constitution and citizenship bestows upon them.
  I hope that the leadership of this House and the gentleman from Ohio 
(Chairman Ney) and the ranking member, the gentleman from Maryland (Mr. 
Hoyer), who work so well together, will look at the idea of a national 
ID, that we happen to have avoided in the immigration legislation and 
even to a certain extent in Homeland Security, that there is not a 
chilling effect, if you will, for people who come to the polls to vote, 
that we determine that you are able to vote, that we have standards, 
that we have uniform voting procedures, that we have requirements, that 
we have Federal oversight, but we do not chill people from voting, as 
did happen to all people in the last election.
  Disabled people were prohibited from voting in particular areas, and 
Florida comes to mind. This legislation opens the doors to disabled 
persons.
  I hope we can work through the question of purging, though I think 
there is a great response to the purging question. What that means is 
people being thrown off the rolls and not knowing they have been thrown 
off the roles and legitimately wanting to cast their vote.
  This is a civil rights question, but it is an American question, and 
I believe the members of the conference, including the chairman and 
ranking member and the leadership in the other body, if I might add, 
the chairman of the Committee on Rules in the other body, all have 
considered this an important challenge, and I hope by October 1st we 
will finish our work and finish it together and have a bill, not for 
partisanship, but for all Americans, to protect the civil rights of all 
Americans.

                              {time}  1630

  Mr. NEY. Mr. Speaker, I yield back the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Florida (Mrs. Meek).
  Mrs. MEEK of Florida. Mr. Speaker, I thank my esteemed colleague, the 
gentlewoman from California (Ms. Waters), for bringing this to our 
attention. I have a very short comment to make. Number one, it is time, 
regarding the instructions she has given to the conferees, it is time 
we had fair voting in Florida. It is time we not depend on the machine. 
We need leadership. The Governor of Florida, the Dade County Elections 
Commission, none of them have acted in good faith. We need this. We 
need the Federal Government to come in and say, look, we want a fair 
election. It is time for one. We cannot pass the buck. Even with the 
machines, if we do not have the proper leadership to direct this, it 
cannot run in the right way.
  We know that Florida has been cheated, we know that this country has 
been cheated, so I will not stand here and make allowances for anyone. 
We need this instruction that the good Congresswoman has passed on to 
the conferees. It is time that they listen for once and pass this and 
make sense when they do it and not look for some bipartisan kind of 
thing that is going to please everybody. Please the American public. 
Please the people who work so hard for the vote. Please the people who 
died for the vote. So I make no amends for any of them.
  Mr. Speaker, I rise in strong support of this Motion to Instruct the 
Election Reform Conferees to produce a Conference Report before October 
1, 2002, and I commend my good friend Congresswoman Maxine Waters for 
offering it.
  Mr. Speaker, election reform is long overdue. How many more election 
day catastrophes, like last week's voting in Florida, will be required 
for this Congress to get the message that our people need a real 
election reform bill and they need it now?! I don't have the time to 
detail all of the problems that occurred in last week's voting in South 
Florida, but the problems were extremely serious.
  I have read the same newspaper and magazine accounts that all of you 
have read suggesting that the election reform conferees have not yet 
been able to work out their differences, and that election reform may 
be dead for this Session of Congress. Mr. Speaker, this outcome is 
absolutely unacceptable. This Congress will have failed the American 
people if it does not pass a strong election reform Conference Report, 
and send it to the President for his signature before this Session 
ends.
  Mr. Speaker, last week's voting revealed that the many problems that 
plagued the 2000 Presidential election in South Florida are continuing. 
I didn't just hear about the problems from my constituents. I 
experienced some of the problems myself.
  Miami-Dade County allowed early voting in advance of the September 
10th primary. Yet when I stopped by a library branch in my precinct to 
cast an early vote, I was delayed from voting for more than 30 minutes 
because the only computer available was not working and the election 
officials on duty said that they couldn't verify that I was an eligible 
voter!
  Even though I presented my driver's license, my new voter 
registration card and other photo identification, I still was not 
allowed to vote for over thirty minutes while poll workers attempted to 
check Election Department records to verify my eligibility.
  While these poll workers tried to follow new Miami-Dade procedures to 
contact the main elections office in the case of a computer glitch, 
they were unable to contact the Elections Supervisor to verify my 
eligibility. During this thirty minute period, I saw at least two 
voters who wanted to vote early leave the polling place without voting.
  As all of you know, I'm not easily deterred, especially when my 
rights are being threatened, so even though I was extremely unhappy 
with the Department's inability to verify my eligibility during this 
delay, I did not leave the polling place. Instead, I had my District 
Office contact the County Elections Supervisor and his staff. While I 
did not speak with the Election Supervisor himself, I understand that 
Elections Department staff advised that the Elections Supervisor 
checked the department's records personally to verify my eligibility, 
and then the poll workers were told which absentee ballot I should be 
given.
  Mr. Speaker, if a Senior Member of Congress with a long history of 
voting in each election, and someone who knows how to assert herself, 
had this type of problem when trying to vote, all of us know the 
problems that new or infrequent voters, or those voters who speak a 
different language such as Haitians, are facing.
  Mr. Speaker, we can and must do better than this. We need to fund the 
best election technology available and make it available on an equal 
basis to all of our communities. Yet, Mr. Speaker, we need more than 
just new and fancy machines. We need to ensure that our poll workers 
are properly trained in how to operate those machines, and in election 
law and

[[Page 16994]]

procedure. Those workers also must share a commitment to seeing to it 
that all of our people have an equal chance to vote and to have their 
vote counted. In short, Mr. Speaker, our elections officials must do 
more to make real election reform a reality for all of our people.
  Mr. Speaker, we must not forget the lessons of the 2000 election, and 
last week's Florida fiasco. None of us can rest until we ensure that 
every vote counts and is counted. I urge all of my Colleagues to 
support the Waters Motion to Instruct Conferees, commend Congresswoman 
Waters for offering it, and yield back the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield myself the remaining time.
  Elections are the heart of our democracy. We cannot afford to allow 
another Federal election to come and go without addressing the myriad 
problems in our election system. We must complete action on election 
reform legislation. We must complete it before we adjourn for the 
November election. It is time for Congress to assure the American 
people that every vote will count in the United States of America.
  We do this for all of America, but African Americans are particularly 
sensitive on this subject, because we fought so hard for the right to 
vote. I can tell my colleagues in that election where we saw a database 
identifying so-called felons where people who had never been arrested 
in their lives found themselves on that list, where people could not 
cast their vote because they could not find their names on the polls, 
it was reflections of yesteryear by a different name. We have our 
forefathers and foremothers who were made to pay poll taxes, who were 
intimidated, who were forced to have to read the Constitution in order 
to prove their literacy. We cannot afford to have America not fix this 
election system that is obviously broken and has been demonstrated to 
be such.
  Mr. Speaker, I urge my colleagues to support this motion and tell the 
conferees to complete their work before October 1.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). Without objection, the 
previous question is ordered on the motion.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentlewoman from California (Ms. Waters).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. WATERS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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