[Congressional Record (Bound Edition), Volume 148 (2002), Part 9]
[House]
[Pages 12269-12273]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. LANGEVIN. Mr. Speaker, I offer a motion to instruct conferees on 
H.R. 3295.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Langevin 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 recede from disagreement with the provisions 
     contained in subparagraphs (A) and (B) of section 101(a)(3) 
     of the Senate amendment to the House bill (relating to the 
     accessibility of voting systems for individuals with 
     disabilities).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Rhode Island (Mr. Langevin) and the gentleman from Ohio (Mr. Ney) will 
each be recognized for 30 minutes.
  The Chair recognizes the gentleman from Rhode Island (Mr. Langevin).
  Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I offer this motion to instruct on H.R. 3295, the 
Help America Vote Act of 2001, in order to raise awareness of a 
significant shortcoming in our Nation's elections: the 
disenfranchisement of disabled voters due to inaccessible voting 
equipment.
  I wish to first dedicate this motion to the memory of my good friend, 
Justin Dart, Jr., one of the strongest voices for the disabled 
community, who died June 22 at the age of 71. Justin, often called the 
Father of the Americans with Disabilities Act, leaves a great legacy of 
activism and inspires us all with his vision of an America in which 
every person can reach his or her full potential and actively 
contribute to society. Millions of people's lives have been improved by 
his good deeds, and it is in his honor that I offer this motion today.
  I first want to thank my good friend, the gentleman from Ohio (Mr. 
Ney), for his inclusive and bipartisan efforts to improve our Nation's 
elections, and for being so receptive to the needs of disabled voters. 
We owe him a debt of gratitude.
  I also owe a great deal of gratitude to the gentleman from Maryland 
(Mr. Hoyer) and the gentleman from Michigan (Mr. Conyers) for their 
support of this motion and for their lifelong commitment to civil 
rights. We would not be where we are today without them.
  Finally, I thank my friend and colleague, the gentleman from 
Minnesota (Mr. Ramstad), for his advocacy of the rights of the disabled 
and for joining us today in this effort to ensure that people with 
disabilities have full access to voting.
  Mr. Speaker, the low voting participation rate among the disabled is 
a pervasive and well-documented problem. Yet the Nation has made little 
progress in addressing its causes. The inaccessibility of polling 
places and election equipment is one of the major factors in this 
unfortunate phenomenon. Shockingly, the General Accounting Office found 
that 84 percent of our Nation's polling places were inaccessible to the 
physically disabled in 2000. Blind voters often cannot cast a vote 
without assistance, the visually impaired may not be able to decipher 
small print or confusing ballots, and people in wheelchairs may have 
difficulty maneuvering in older voting booths.
  Just as a personal story to lend passion to this argument, it was 
only just a few short years ago that I myself never knew the privilege 
of voting independently, in privacy, in a voting booth. Rhode Island 
had the oldest voting machines in the country, lever machines, in which 
I would have to go in and could not possibly reach the levers myself; I 
would always have to take someone in. Though I was grateful for the 
assistance, it certainly deprived me of the right to a secret and 
independent vote. Many others know the same story.
  As a result of these problems, only 41 percent of people with 
disabilities voted in November of 2000, in the November of 2000 
elections, far below the national average. With nearly one in five 
Americans having some level of disability, and approximately 35 million 
Americans over the age of 65, we must act now to ensure that our voting 
system is accessible to all Americans.
  Improving access to voting has been an overarching goal of my work in 
public service. As Secretary of State of Rhode Island, I was the chief 
architect of a plan to upgrade the State's voting system and equipment. 
The replacement of outdated lever machines with electronic equipment 
and Braille and tactile ballots helped increase voter turnout and 
significantly reduced chances of error.
  The entire upgrade was statewide and cost effective, and Rhode Island 
is now widely recognized as having one of the most modern and 
accessible voting systems in the United States.
  In Congress, I have continued to emphasize the importance of voting 
access. In March 2001, I joined former Secretaries of State in Congress 
in hosting a voting technology demonstration in which we highlighted 
accessible election equipment. Not only did this event illustrate the 
many types of affordable and accessible equipment, it also offered 
several people with disabilities the opportunity to use a voting 
machine for the very first time in their lives. The technology exists 
to address the disenfranchisement of disabled voters, and Congress must 
encourage its use.
  For this reason, I am pleased to offer this motion to instruct in 
support of the Senate's accessible voting equipment provisions. The 
Senate's version of H.R. 3295 requires voting systems used in Federal 
elections to be accessible for individuals with disabilities, including 
the blind and visually impaired, in a manner that provides privacy and 
independence.
  The Senate's language also requires that each polling place have at 
least one voting system equipped for individuals with disabilities. 
Guaranteeing voting equipment in all polling places is one of the 
disability community's top priorities in election reform, and I am 
pleased to announce that this motion to instruct has been endorsed by 
26 disability advocacy groups.
  One major component of election reform must be to provide the 
greatest possible access to voting for all eligible citizens, and the 
Senate's accessibility language is a major step toward this noble goal.
  I urge my colleagues to support this motion to instruct so that all 
Americans can exercise their fundamental right to participate in our 
democracy by guaranteeing them the right to vote.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just wanted to say today that I agree with the 
gentleman from Rhode Island (Mr. Langevin) that we need to take steps 
to improve access for the disabled to our Nation's election systems. 
The gentleman from Maryland (Mr. Hoyer), our ranking member and a 
partner on this bill, and I worked closely with our colleague, the 
gentleman from Rhode Island, during the drafting of this bill, the Help 
America Vote Act.
  I am grateful for his input and support during that process, so I 
want to thank the gentleman from Rhode Island (Mr. Langevin) for all 
his hard work and efforts on this piece of legislation before us.
  The bill we passed in the House by an overwhelming margin last 
December included a number of provisions to improve access for persons 
who have a form of disability and authorize funds to help make those 
improvements happen. I was pleased to receive the endorsement of the 
National Federation of the Blind for our bill, the bill that the 
gentleman from Rhode Island (Mr.

[[Page 12270]]

Langevin) and the gentleman from Maryland (Mr. Hoyer) and many other 
Members on both sides of the aisle, the gentleman from Missouri (Mr. 
Blunt) and others, supported; and we had that endorsement for the bill, 
and we were very, very appreciative of that.
  Just yesterday I was honored to address the National Federation of 
the Blind's convention in Louisville on precisely this topic. There is 
no question that no matter what the form of disability, in this case it 
was a convention of the National Federation of the Blind, people have a 
right to vote in secrecy and in privacy. In this case, secrecy is not a 
bad word; secrecy is something people have a right to do with their 
ballots, and should have the right to do.
  As the work on this bill continues in the conference committee, Mr. 
Speaker, I am confident we are going to produce a final product. It 
will be a final product that makes great strides in improving access to 
the voting process for the citizens in this country.
  While I will support the gentleman's motion, and I do fully support 
it, and I appreciate the gentleman's work on this, I want to make just 
a couple of points.
  First, I do say that it is my belief that this Congress should 
provide funding that will enable States to meet the requirements it 
imposes. That is not only for this issue. It is for other issues, 
provisional voting, central database, all the other good provisions 
that are contained within this bill and many good provisions, frankly, 
that are also in the Senate bill.
  But I always like to mention the monetary side to this, too, because 
far too often we here in Congress like to enact requirements and pat 
ourselves on the back for all the good we have done while sending the 
bill to someone else. Now, I say that because I am a creature of the 
Ohio legislature and the Ohio House and Senate, so it used to be my 
course of business to complain about Washington, D.C. sending down 
mandates or something of that nature and then not providing the money.
  Now, the bill we crafted together has minimum requirements; but they 
are requirements enforced by Justice, and good requirements are going 
to ensure that an illegal vote does not cancel out a true vote. People 
have the right to vote, and we back all of those provisions.
  I want to make sure that we always stress that if we are going to 
impose any requirements on the States, we should provide funds to make 
it possible for those requirements to be met. My support for this 
motion and all the language, frankly, contained in the House bill and 
in the Senate bill dealing with any provision, as I mentioned before, 
provisional voting, central database, is always going to be conditioned 
on the fact that we have to have the money.
  I know that my colleague, the gentleman from Maryland (Mr. Hoyer), 
agrees with that. We have to continue through this whole process. As we 
get the language that makes this bill a great bill to send to the 
President, we have to continue to push also for the money so locals 
have some help in implementing. Otherwise, it is not going to be 
implemented in the way that we need it done.

                              {time}  1515

  Second, in keeping with the requirements of the Americans with 
Disabilities Act, I think we should be requiring States to make also 
reasonable accommodations. One thing we need to talk about down the 
road here too in the next couple of weeks are certain rural areas where 
we want to make sure that if provisions are adopted that we in fact do 
not shut people out of voting. Because sometimes the rural areas, and 
we have used this in the Committee on Energy and Commerce many times as 
we have talked, in rural areas there are places where people vote, for 
example, and if you try to move them to another area you would have to 
involve buses to take people to other places to vote. In my district, 
for example, we have very few taxis or public bus systems. So looking 
at the rural area, still protecting people's rights is going to be 
something I know that we can talk definitely about.
  Again, let me make it clear that I expect when this conference is 
completed, and I expect this conference to be completed hopefully very 
soon, the changes that will ensue will improve access for the disabled 
community and ensure, I will use the word ``ensure,'' that blind voters 
are able to vote privately and independently.
  One other point I want to add about the technology, too. I know there 
are certain companies that have actually publicly stated that they can 
equip every machine, and I hope that as this bill progresses and people 
are buying machines across this country to update and put integrity 
into the voting process, that the machines are equipped; the hope is 
the technology comes through and that en masse machines are equipped.
  I look forward to working with the gentleman from Rhode Island (Mr. 
Langevin) and my friend from Maryland (Mr. Hoyer), who I mentioned 
earlier, to secure the adequate funding but also to enact a conference 
report that absolutely improves access for the disabled community 
across the United States.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again, I thank the chairman for his help and support on 
this issue. We would not be here on the election reform without his 
diligent leadership, and I thank the gentleman.
  Earlier in my statement, Mr. Speaker, I acknowledged and expressed my 
gratitude to the gentleman from Maryland (Mr. Hoyer), my distinguished 
colleague, who is, as many know, the author of the Americans with 
Disabilities Act and who has been a great champion of people with 
disabilities and their rights.
  Mr. Speaker, I yield 5 minutes to the distinguished gentleman from 
Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the gentleman from Rhode Island (Mr. 
Langevin), and I thank him for his leadership on this issue and so many 
others. He has been extraordinarily helpful in getting the election 
reform legislation to the place it is now. I think this motion he now 
makes, and it is supported by both the gentleman from Ohio (Mr. Ney) 
and myself, is an important one; and I want to thank him for that.
  Mr. Speaker, in the 20 months since our last national election, the 
American people have seen the very best and very worst that democracy 
has to offer. The disenfranchisement of millions of Americans who fell 
prey to unreliable, outdated voting machines as well as the wide 
bipartisan support in the Congress for the Federal election reform will 
hopefully change that.
  Members on both sides of the aisle have spoken eloquently and 
sincerely about safeguarding our most cherished democratic right: the 
right to vote and to have one's vote counted.
  Yet our work is not done, for who among us would accept election 
reform that fails to ensure the privacy and independence of millions of 
eligible voters at the ballot box? None of us, I would argue, because 
the right to exercise the franchise under conditions that afford 
privacy and independence is intimately American and bound up in what it 
means to be a free and equal citizen in a democratic society. Yet in 
thousands of polling places across the country, voters who are 
physically, visually, or mentally challenged enjoy less privacy and 
independence when they exercise their sacred right to vote than do 
other voters.
  That is why I urge all Members to support this important motion to 
instruct offered by our colleague, the gentleman from Rhode Island (Mr. 
Langevin). It is fair and it makes sense. It recognizes, as most of us 
do, that the election reform conference report should combine the best 
of the House-passed Help America Vote Act with the Senate-passed bill. 
To that end, the gentleman from Rhode Island's motion instructs the 
House conferees to agree to section 101(A)(3) of the Senate amendment 
to the House bill.
  This section states that by January 2007 voting systems shall be 
accessible for individuals with disabilities, including nonvisual 
accessibility for the

[[Page 12271]]

blind and visually impaired, in a manner that provides the same 
opportunity for access and participation, including privacy and 
independence, as for other voters.
  Make no mistake about it, I am proud of the Help America Vote Act. I 
am proud of the work that the gentleman from Ohio (Mr. Ney) and I and 
so many others, including the gentleman from Rhode Island (Mr. 
Langevin) and the gentlewoman from Texas (Ms. Eddie Bernice Johnson) 
and others, helped us achieve. But we have not finished the job yet, 
Mr. Speaker; and we need to do that.
  We need to pass this motion and then hopefully the conference will 
become even more energized than it has been. We are late, not too late, 
but we are late in passing a conference report that incorporates, as I 
said, the best of the House bill and the best of the Senate bill. We 
need to pass election reform. We need to pass it in the next 3 weeks if 
at all possible. We need to tell the States the resources they will 
have available to make their machines not only accessible but accurate 
as they count every American's vote.
  Mr. Speaker, I urge all of my colleagues to support this very, very 
important motion to instruct.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Maryland (Mrs. Morella).
  Mrs. MORELLA. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, I just rise in very strong support of the motion offered 
by our colleague from Rhode Island, who is one of four co-chairs with 
me on the Disabilities Caucus. And it is so important that we do 
instruct the conferees to accept the Senate version, which would 
require that we have one voting machine in every polling place, at 
least, that is accessible to people with disabilities.
  As a matter of fact, on July 26 of this year, we will celebrate the 
12th anniversary of the Americans with Disabilities Act. I was one of 
the co-sponsors of that act, as were many of Members who are here 
serving in this 107th Congress. Certainly, the concept of Americans 
with Disabilities is one where we would allow them indeed the most 
precious privilege that we have as Americans, the right to vote and to 
make it accessible. So I thank the gentleman from Rhode Island (Mr. 
Langevin).
  I know this body will assuredly unanimously support this motion to 
instruct the conferees on this election reform bill.
  Mr. Speaker, I want to thank the gentleman from Ohio (Mr. Ney) for 
the leadership he has shown in bringing us together in terms of true 
election reforms and the ranking member of his committee, too.
  Mr. LANGEVIN. Mr. Speaker, I yield 3 minutes to the distinguished 
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me thank the 
leadership of this committee, the gentleman from Ohio (Mr. Ney) and the 
gentleman from Maryland (Mr. Hoyer). I know how diligent they have been 
in working on this, and most especially to the gentleman from Rhode 
Island (Mr. Langevin) for offering the motion to instruct the 
conferees.
  Mr. Speaker, whether the policy issue is prescription drug coverage, 
education, or any other matters within the jurisdiction of the 
Congress, the most fundamental issue facing all of us is restoring the 
public's faith in democracy. Congress must make electoral reform a top 
priority, and we hope to see the conclusion of this bill in conference 
soon.
  Constitutionally mandated equal protection of the laws and the Voting 
Rights Act require 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 every vote 
must count and be counted.
  In the 2000 election, Florida was not the only State where American 
citizens were denied the full exercise of their fundamental rights and 
their constitutional franchise. It happened across this Nation. 
Moreover, most of those excluded from democracy were Americans of 
color. As such, election reform is the number one legislative priority 
for the Congressional Black Caucus, and I sincerely hope that it is a 
top priority for every Member of the 107th Congress. We cannot be 
silenced until Congress answers the call for electoral reform. This is 
not a black, white or brown issue. It is an American issue. It is a 
red, white and blue issue.
  It should be of great concern to each of us that if any one of us is 
improperly denied access to the ballot box or if every ballot cast is 
not counted, the survival of our democracy depends on the accuracy and 
integrity of our election system. It is important that conferees make 
an effective date for election reform in time for the next Presidential 
election in 2004. Actually, it should have been in time for our 
congressional elections; but we will go forward, unfortunately with the 
same system that caused us as much headache as it did in November 2000.
  For the second instruction, it is important that the government has 
the ability as soon as it is feasible to legally check to see if States 
are, in fact, making the necessary changes that the final election 
reform bill stimulates. I hope each of my colleagues will do his and 
her part by voting in favor of this sensible motion to instruct.
  Mr. LANGEVIN. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I want to thank the gentleman for 
yielding me time.
  Mr. Speaker, I rise in support of the motion to instruct conferees on 
the election reform bill, H.R. 3295, which has been submitted by my 
colleague from Rhode Island (Mr. Langevin). The motion asks the 
conferees to agree to the Senate provisions relating to the 
accessibility of voting systems for individuals with disabilities.
  It is essential that at least one voting machine in each polling 
place be accessible to people with disabilities. This can be done in a 
manner that provides the same opportunity for access and participation, 
including privacy and independence, as for other voters.
  The language referred to in the gentleman from Rhode Island's motion 
has been endorsed by a coalition of 17 national organizations 
representing people with disabilities; and I believe this is the best 
approach for increasing the participation of all citizens in the 
electoral process, especially at a time when voter participation has 
been decreasing.
  With the electronic voting technology that exists today, it is 
possible to enable many individuals with disabilities to record their 
votes directly and in privacy. This is a fundamental right that all 
Americans should have. The cost to do this is minimal, and I urge 
conferees to adopt the language as outlined in the gentleman from Rhode 
Island's motion.
  I also commend the gentleman from Ohio (Mr. Ney) and the gentleman 
from Maryland (Mr. Hoyer) for their leadership on this issue and 
commend the gentleman from Rhode Island (Mr. Langevin) for this 
amendment.
  Mr. LANGEVIN. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Virginia (Mr. Scott).
  Mr. SCOTT. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in support of this motion to instruct conferees 
on election reform offered by the gentleman from Rhode Island (Mr. 
Langevin).
  Mr. Speaker, this motion to instruct does a very simple, but 
important, thing. It asks conferees to adopt the language in the Senate 
bill with respect to voting equipment with persons with disabilities. 
The Senate language says that there must be at least one accessible 
voting machine in each polling place, a voting machine that would allow 
voters with disabilities to vote privately and independently just like 
everybody else.
  Let me share with you the manner in which most blind voters currently 
cast their ballots at an election. First, they have to bring someone 
along with them to help them cast their ballot, or they can have a poll 
worker assist them. Then they have to let the other person read the 
ballot to them out loud. This is usually done in a voting booth that

[[Page 12272]]

is adjacent to other voting booths; and in order to vote, the voter 
with the disability has to announce his or her choice to the person 
helping him. All of this is likely to be within listening range of 
other voters at the polling place. Persons with other disabilities also 
suffer a compromise of their right to cast a secret ballot.
  I cannot imagine that this is a manner in which most Americans would 
be comfortable in voting. Most of us value our privacy and independence 
in a voting place.

                              {time}  1530

  Many of us choose not to reveal our voting choices to others. We view 
it as our right to keep our choices private, but many voters with 
disabilities do not currently have this option. Their ballot choices 
are shared with at least one other person and often more.
  This harsh reality was revealed in a recent GAO report. During the 
2000 presidential election, the GAO surveyed hundreds of polling places 
throughout the country to measure access for voters with disabilities. 
The GAO found that none, not one, of the hundreds of polling places 
surveyed allowed voters with disabilities to vote privately and 
independently. Every polling place required voters with disabilities to 
vote in the somewhat public manner I referred to.
  This motion to instruct seeks to remedy this problem by requiring 
that one voting machine per polling place incorporate assistive 
technology that allows any voter, including voters with disabilities, 
to vote privately and independently. Potentially, it could impact 
millions of voters with disabilities, by allowing them full and equal 
access to the voting process, and that is the least that they deserve, 
for that is what most of us expect for ourselves and our constituents 
when we go to the polling place. It is also likely that for these 
accessible voting machines to be there, the cost will be borne at least 
in part by the Federal Government.
  I commend the gentleman from Rhode Island for his leadership on this 
issue. I urge my colleagues to support the motion to instruct.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Florida (Mr. Foley).
  Mr. FOLEY. Mr. Speaker, let me first thank the gentleman from Rhode 
Island (Mr. Langevin) for this excellent legislative initiative, and I 
want to also thank the gentleman from Ohio (Mr. Ney), the chairman of 
the committee, because this is vitally important to our Nation, to our 
democracy, to the comfort our voters feel when they leave the polls, 
that the vote is counted, but in this particular instance, we need to 
ensure that every American is allowed and able to vote. It is not as 
easy said as done.
  We have barriers and we do have roadblocks for people to achieve a 
normal living in this country. This will go a long way to ensure that 
those who are disabled are able to make it to the voting polls and cast 
their ballot for the candidates that they feel are most appropriate for 
this Nation.
  We in Florida, of course, had an interesting election. The gentleman 
from Ohio's bill speaks to all of the concerns that many Floridians had 
during that contentious debate. I do want to commend him and the 
gentleman from Maryland (Mr. Hoyer) for working so cooperatively on an 
issue that for a while divided the Nation, but hopefully when this 
final product makes it to the President's desk, it will unite us as 
Americans, knowing that when we do, in fact, cast those ballots, those 
critical ballots, whether it is for city commissioner, county 
commissioner or President of the United States, they are done 
accurately, they are done effectively, and they are done without any 
degree of uncertainty.
  The gentleman from Rhode Island (Mr. Langevin) has been the leader on 
this and a number of other issues, and I commend him and encourage and 
urge my colleagues to be fully supportive of this motion to instruct. 
It will not only improve the bill substantially but will improve the 
lives of millions of Americans who up until now may have found 
themselves disenfranchised by polling places that were not familiar, 
not comfortable, not accessible.
  So I think this is something overdue, quite frankly, long overdue in 
the annals of our electoral system, and I commend the gentleman for his 
great efforts in bringing this to our attention and urge everybody to 
universally support this motion to instruct.
  Mr. LANGEVIN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from California (Mrs. Capps).
  Mrs. CAPPS. Mr. Speaker, I thank my colleague for yielding me the 
time.
  Mr. Speaker, I rise to express strong support for the Langevin-Hoyer-
Conyers motion to instruct conferees on the election reform bill. 
Election reform is one of the most important issues that we will face 
in the 107th Congress.
  Last year, we cast historic bipartisan election reform language and 
legislation that will significantly improve our election system. More 
importantly, this legislation will protect one of our most cherished 
democratic rights, the right to vote.
  In passing the Help America Vote Act, we understood that this 
legislation was not perfect. One area that needs to be improved on is 
the language concerning the right of voters with disabilities and their 
access to polling places, and I thank my colleague, the gentleman from 
Rhode Island (Mr. Langevin), for his leadership on this issue.
  One of the greatest challenges voters face are inaccessible buildings 
and voting machines. According to the GAO, 84 percent of polling places 
examined in the last election were found to have one or more physical 
impediments which would limit people's access, people with 
disabilities. This is appalling. In my view, we need to make polling 
places and voting machines fully accessible to elderly, to frail, to 
those with disabilities.
  Affording all people the opportunity to cast a secret ballot is of 
critical importance to our election system. Therefore, I urge my 
colleagues to support the Senate language to require States to maintain 
voting systems that are accessible to disabled and elderly voters.
  Finally, I am hopeful that as we move forward on this issue Congress 
will enact a Federal election reform bill that ensures every single 
vote is counted and that no American is ever disenfranchised again. We 
must regain the trust and full participation of voters across this 
country.
  This is a great first step and I commend my colleagues who are 
leaders in this area, and I urge all of us in this House to support the 
motion that is before us this afternoon.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Ramstad).
  Mr. RAMSTAD. Mr. Speaker, I thank the distinguished chairman for 
yielding me the time.
  Today, Mr. Speaker, I rise in strong support of this important motion 
which I offered with my good friend, the gentleman from Rhode Island 
(Mr. Langevin), the cochair of the House Disabilities Caucus, and I 
want to thank him for his leadership on these issues, as well as the 
gentleman from Ohio (Mr. Ney).
  The right to vote, Mr. Speaker, is the most basic and fundamental 
right we have as Americans, and despite the importance of this 
constitutionally important and constitutionally protected right, every 
election there are millions of citizens with disabilities who find it 
difficult, if not impossible, to cast their ballot.
  Across the country, thousands of visually impaired people, voters, 
are unable to cast a secret vote, a right afforded to every other 
American, because of their inability to read the ballot visually.
  This motion to instruct asks the conferees to include language passed 
by the Senate that requires every polling place to offer at least one 
voting machine equipped for individuals with disabilities. That is the 
least we can do, Mr. Speaker, to provide access to voting for every 
American, every citizen.
  This motion is about fairness, and people with disabilities deserve 
equal access to voting. Over the years, Congress has worked hard to 
ensure that

[[Page 12273]]

every person's voice is heard regardless of race, religion or ethnic 
background. It is long past time that we provide the same opportunity 
to individuals with disabilities.
  This motion is very timely. We have just returned from celebrating 
the 4th of July, the birth of our great Nation. We have the opportunity 
today, Mr. Speaker, to ensure that the vision of our Founding Fathers 
is realized, that every American has an equal opportunity to vote.
  I urge Members to vote yes for this important motion, and again, I 
thank the gentleman from Rhode Island (Mr. Langevin) for his leadership 
on this important issue.
  Mr. LANGEVIN. Mr. Speaker, I again want to thank the gentleman from 
Minnesota (Mr. Ramstad) for his support of this issue. Mr. Speaker, I 
reserve the balance of my time.
  Mr. NEY. Mr. Speaker, again, I support this motion, and I yield back 
the balance of my time.
  Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
  In closing, I just want to reiterate my appreciation to the gentleman 
from Ohio (Mr. Ney) for his leadership both on election reform and on 
disabilities issues and agreeing to support this motion to instruct. We 
would not be where we are on election reform without his support and I 
thank him.
  Mr. Speaker, as I previously mentioned, I offered this motion in 
honor of Justin Dart, the father of the Americans with Disabilities Act 
and an ardent supporter of greater access to voting. Last year during 
the ADA anniversary celebration Justin said, Let us rise above politics 
as usual. Let us join together, Republican, Democrats, Independents, 
Americans. Let us embrace each other in love for individual human life. 
Let us unite in action to keep the sacred pledge, life, liberty and 
justice for all.
  I ask my colleagues to help empower all Americans by voting for this 
motion to instruct.


                             General Leave

  Mr. LANGEVIN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the motion to instruct.
  The SPEAKER pro tempore (Mr. Pence). Is there objection to the 
request of the gentleman from Rhode Island?
  There was no objection.
  Mr. LANGEVIN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to instruct.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentleman from Rhode Island (Mr. Langevin).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LANGEVIN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The Chair announces that this vote will be followed by two 5-minute 
votes on motions to suspend the rules considered earlier today.
  The vote was taken by electronic device, and there were--yeas 410, 
nays 2, not voting 22, as follows:

                             [Roll No. 285]

                               YEAS--410

     Abercrombie
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Borski
     Boswell
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Mica
     Millender-McDonald
     Miller, Dan
     Miller, Gary
     Miller, George
     Miller, Jeff
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--2

     Flake
     Paul
       

                             NOT VOTING--22

     Ackerman
     Barrett
     Blagojevich
     Bonior
     Boucher
     Cummings
     Delahunt
     Dreier
     Goode
     Hastings (FL)
     Holt
     Hulshof
     Meeks (NY)
     Olver
     Pelosi
     Riley
     Roukema
     Schaffer
     Souder
     Spratt
     Traficant
     Walsh

                              {time}  1604

  So the motion to instruct was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________