[Congressional Record (Bound Edition), Volume 154 (2008), Part 11]
[Senate]
[Pages 15800-15801]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   VETERAN VOTING SUPPORT ACT OF 2008

  Mrs. FEINSTEIN. Mr. President, yesterday I introduced Senate bill S. 
3308, the Veteran Voting Support Act of 2008, with Senator Kerry, and 
our cosponsors: Senators Reid, Obama, Schumer, Leahy, Clinton, Murray 
and Wyden.
  This is a simple, straightforward bill that shows our veterans the 
respect that they deserve. They have supported our nation, some at 
great risk and sacrifice. If the government is providing services, 
veterans should receive every opportunity to voice their vote.
  More than a year ago, I learned of a controversy that emerged in 
California--where the Department of Veterans Affairs had been fighting 
since 2004 to bar voter registration services at a VA facility. Over 
the last 16 months, we have tried to encourage the VA to establish a 
fair, nonpartisan, standard policy that provides the best available 
support to veterans served by VA facilities.
  The answers I received from the VA have been conflicting. First, the 
VA stated that they considered the possibility of following the 
National Voter Registration Act--but then determined it would be too 
costly. Given the only resources needed is a photocopy of a voter 
registration form, I find that hard to believe.
  Then this year, Senator Kerry and I had exchanged multiple letters on 
this issue with the VA. The response then changed. VA officials 
asserted that they believed that providing support or allowing groups 
would violate the Hatch Act.
  The Hatch Act is a prohibition of partisan political activities 
conducted by Federal employees, on official time. It has not been 
interpreted to include nonpartisan voter registration by the Office of 
Special Counsel, which interprets the Hatch Act. Furthermore, the 
veterans served by VA facilities are generally not Federal employees.
  The VA then argued that nonpartisan voter registration services would 
cause ``disruptions to facility operations.''
  That claim is even more dubious. Unless ``Rock the Vote'' comes to VA 
facilities, voter registration drives are about as tame an activity as 
you can get.
  The circumstances in this situation raise great concern. Our country 
faces issues of war and peace, challenges in foreign relations, and 
serious questions as to the treatment of our veteran population.
  The most recent Census data we have--from a 2005 report--indicates 
that more than 20 percent of our veterans are not registered to vote. 
That means that almost 5 million veterans do not have an opportunity to 
cast their ballots.
  The VA runs a massive program to assist our veterans to heal, as well 
as ensure that they thrive on their return from military service.
  This is true whether the veteran is recently discharged for tours in 
Iraq, or served in World War II.
  A recent report characterized the VA's services as including ``a 
'safety net' for the many lower-income veterans who have come to depend 
on it.''
  The question has emerged: Will this make the right kind of impact? 
Will this cause more veterans to be registered? The VA serves large 
numbers of veterans--in a variety of care facilities.
  For example, the Veterans Health Administration operates 155 medical 
centers, 135 nursing homes, 717 ambulatory care and clinic facilities; 
45 residential rehabilitation treatment programs, and 209 vet centers.
  In total, there are 1,261 total facilities; where as many as 5 
million veterans who are not registered to vote may use each year. That 
strikes me as a critical need unmet.
  And it is a rational step for the government to make.
  The National Voter Registration Act requires at least as much--if not 
more--from the States. Every State social service agency and motor 
vehicle agency is required to assist persons who use their agencies.
  That is a mandate from the Federal Government to the States to 
register voters.
  In the law, the Federal Government may choose to assist people to 
register to vote if the State requests NVRA designation and the agency 
accepts.
  Immediately after the legislation was passed, then-President Clinton 
issued Executive Order 12926--which has not been rescinded by the 
current administration. That Executive order calls on all Federal 
agencies, ``to the greatest extent practicable'' to provide both voter 
registration information, and voter registration forms.
  Some might claim that this legislation is premature--that under the 
scheme of the act, the State must request the Federal Government's 
involvement. Well, that has already occurred.
  Several States, including my home State of California, under the 
leadership of Secretary Bowen, have asked that the VA designate the 
facilities within their States.
  All three have been refused by this Department.
  Ten secretaries of State--from both parties--have requested that the 
VA reverse its directive. Still no change.
  In the case of Connecticut, secretary of State Susan Bysiewicz defied 
the VA's directive and attempted to gain entry to the West Haven VA 
facility.
  There, she intended on providing nonpartisan voter registration 
services, as well as showing veterans how to use the new disabled-
access voting systems.
  Guess what. She was turned away at the door because of this new 
directive.
  As she was standing outside the door to the VA facility, she met a 
91-year-old gentleman, a veteran of World War

[[Page 15801]]

II. Secretary Bysiewicz asked him if he would like to be registered to 
vote, and he said that he would.
  After registering, he made the comment that ``I wanted to do this 
last year--but there was no-one there to help me.'' That is wholly 
unacceptable.
  When we hear of why so many veterans express pride in their service 
and their sacrifice, we hear the phrase ``protecting the American way 
of life'' again and again.
  At the cornerstone of our democracy is that every eligible citizen 
should be registered and receive their chance to cast their vote.
  After many months of trying to work out a meaningful solution with 
the Department, I believe it is time the VA provides veterans the 
support they deserve to register, cast their vote, and have that vote 
counted.
  This is why we are introduced the Veteran Voting Support Act of 2008. 
This legislation would: Require the VA to make voter registration 
services available at VA facilities in states that request it, in 
accordance with the National Voter Registration Act. These services 
include voter registration forms, answers to questions on registration 
issues and assistance with submitting voter registration forms. Those 
services are available to veterans using VA facilities.
  Require the VA to assist veterans at facilities to receive and fill 
out absentee ballots if they choose to vote by absentee.
  Allow nonpartisan groups and election officials to provide 
nonpartisan voter information and registration services to veterans.
  Require an annual report to Congress from the Department of Veterans 
Affairs on progress related to this legislation.
  I hope that my colleagues are willing to support this effort to 
reverse an overly bureaucratic and irrational burden at the VA.
  Passage of this bill would recognize the long history in our country 
of nonpartisan and civil rights groups that have helped register those 
who have the greatest need for assistance.
  And it respects election officials have long worked to register all 
eligible voters and provide them with the information and tools to cast 
a ballot.
  I hope my colleagues join me in supporting S. 3308, the Veterans 
Voting Support Act of 2008.

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