PROVIDING FOR CONSIDERATION OF H.R. 4844, FEDERAL ELECTION INTEGRITY ACT OF 2006 -- (House of Representatives - September 20, 2006)
Mrs. CAPITO. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1015 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
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Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume to respond, and then I will yield to the chairman of the committee.
First of all, I think this is serious business. When you talk about one of the most precious rights we have as citizens, it is to vote. Obviously that is how we all arrived here. And I think we have, shamefully, a very low percentage of people who are voting, when we compare worldwide, in this country. So I think highlighting voting and voting patterns and the way to vote and the way to legally vote is an important issue.
But what I have heard just now is a very cynical and I think slightly mean-spirited attack on why we believe and why the committee has brought forward very thoughtful legislation on voting and voter identification.
If you want instances of voter fraud, come to the State of West Virginia. We just had five people indicted and sentenced in Federal court for this very thing.
If you want to talk about the Commission on Federal Election Reform, which was quoted just a minute ago, headed by former President Jimmy Carter and former Secretary of State James Baker, they recommended this very thing, that photo ID be used as an identifier to vote.
And I can quote as well, to go to the other point, the former mayor of the city of Atlanta, Andrew Young, who talks about the concept of a photo ID for voting. I think this is an interesting point he makes: At the end of the day, a photo ID is a true weapon against the bondages of poverty. Anyone driving through a low-income neighborhood sees the ubiquitous check-cashing storefronts which thrive because other establishments, such as supermarkets and banks, won't cash checks without a standard photo ID.
To go to the point of order that has been raised, this is an authorizing committee. The House Administration Committee is an authorizing committee. They have made provisions in the bill for appropriators to provide the appropriate funds of money that would be necessary to create the photo ID for the, and I will take the gentleman's figure, the 7 million people who are without.
I think it is important to note that the REAL ID Act which is going to be going into effect in the next several years is going to require federally issued photo ID as a means for identification and citizenship.
Mr. Speaker, I would now like to yield the balance of my time to the chairman of the committee, the gentleman from Michigan (Mr. Ehlers), who is very thoughtful, very well respected, and certainly is known for his intense study of a subject, and this one is no different.
The SPEAKER pro tempore (Mr. Foley). The gentleman from Michigan is recognized for 2 1/2 minutes.
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Mrs. CAPITO. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my friend, the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume.
Mr. Speaker, last night the Committee on Rules granted a closed rule for consideration of H.R. 4844, the Federal Election Integrity Act. The rule provides for 1 hour of debate in the House equally divided and controlled by the chairman and ranking member of the Committee on House Administration.
The rule waives all points of order against consideration of the bill and provides that the amendment in the nature of a substitute as reported by the Committee on House Administration shall be considered as adopted. Finally, the rule provides one motion to recommit with or without instructions.
Mr. Speaker, the right to vote is our most cherished freedom as American citizens. Over the years our Nation has evolved and progressed to include many more citizens in the voting process. Who could forget the wonderful accomplishments of Susan B. Anthony, Elizabeth Stanton, and Martin Luther King and countless others who fought to extend the right to populations that had previously been discriminated against?
Mr. Speaker, I am proud to say that today all American citizens, regardless of gender, race, creed or ideology, are free to vote for candidates from the Presidential election all of the way through to the school board.
But, sadly, there are those who have taken advantage of this cherished freedom by distorting our election system. We have all heard stories about the rolls of deceased voters mysteriously voting from the grave, sometimes even voting more than once.
Furthermore, with an increasing population of illegal immigrants populating our States, the possibility of noncitizens voting continues to grow. When voters go to the polls, they are electing representatives like us that will set policies for all citizens. Therefore, we should not allow these outcomes to be affected by individuals who have intentionally broken the law.
In my home State of West Virginia, I am not proud to say, five individuals were recently convicted of illegally influencing elections. Our State has long suffered from these illegal and unethical tactics used to stifle the voice of our voters. While many of these problems that have been plaguing our system cannot be fixed overnight, the underlying legislation is a step in the right direction.
The Federal Election Integrity Act simply requires that in order for a person to vote, they must be able to show proof of identification with a photo ID by 2007, and then 3 years later, in 2010, all voters will be required to provide a photo ID that could not have been obtained without proof of citizenship.
We all understand this is going to be a challenge for some of our rural, elderly and indigent populations, but the REAL ID Act already requires all people to have a compliant ID to prove their legal status by 2008.
Furthermore, this legislation authorizes funds to reimburse the States for providing IDs to the indigent at no cost. Seventeen States currently have similar requirements in their laws, most recently Arizona.
The Secretary of State for Arizona recently testified that voter registration has increased in Arizona by 15.4 percent since the implementation of Proposition 200, a measure that requires all voters to present identification at the polls before casting a ballot, as well as provide a proof of citizenship before registering to vote. Recent reports show that the primary election held last week in Arizona, that there were no stumbling blocks to this new provision. Certainly this has been a success as more voters are registering, and they have peace of mind that their registration is protected by proof of their identify.
During a recent NBC-Wall Street Journal poll, 81 percent of those surveyed expressed support for requiring ID at the polls. Clearly the voting population is concerned with voter fraud and is yearning for action. Even former President Carter and former Secretary of State James Baker, a bipartisan duo, have endorsed this approach.
Mr. Speaker, integrity in our election system is a goal that is shared across party affiliation. We want everyone to participate, to vote, and to know that their vote counts. And it is my hope that we can all work together to improve our system for future generations.
Mr. Speaker, I reserve the balance of my time.
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Mrs. CAPITO. Mr. Speaker, I would like to make a point of clarification. If this goes into effect, and somebody does arrive at the polling place without their photo ID, they would be given a provisional ballot and be permitted to vote with the caveat that they would return within 48 hours to show their photo ID. I just wanted to make that point of clarification.
Mr. Speaker, I yield 3 minutes to my colleague on the Rules Committee, my esteemed colleague the gentleman from Georgia (Mr. Gingrey).
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Mrs. CAPITO. Mr. Speaker, the gentleman asked for examples? I have an example here of a study that was done by the Johns Hopkins University computer science students that found 1,500 dead people listed who had voted in past elections. Now, you want to talk about onerous voting. It is difficult to get out of a grave and vote.
Mr. HOYER. Mr. Speaker, will the gentlewoman yield?
Mrs. CAPITO. I yield to the gentleman from Maryland.
Mr. HOYER. They found 1,500. Can the gentlewoman cite me one instance of a criminal charge being proven that that is the case? I don't doubt that you can assert that some people said there is fraud. Yes. Can you cite me one conviction of anybody who facilitated one of those 1,500 dead people going in, saying, ``I am Sam Brown,'' who is dead, ``and I want to vote''? Can you cite me one example of one conviction where that was found to be the fact, as opposed to an assertion?
Mrs. CAPITO. Mr. Speaker, reclaiming my time, after the fact I cannot cite you one example, but I don't think the gentleman would deny that fraud occurred and has occurred under this.
Mr. HOYER. Can I respond that I do agree with the gentlewoman that fraud does occur, and when it occurs, we ought to prosecute it. When fraud occurs, we ought to put those people in jail, because they undermine the rest of us who are voting honestly and fairly.
What we ought not do is respond to that by making it more difficult for many Americans to cast the basic right that they have as American citizens, the vote.
Mrs. CAPITO. Mr. Speaker, I agree with the gentleman. We don't want to disenfranchise anybody from voting, because voting is something that we all cherish not only in this Hall, but in every household in America. I believe that asking somebody to show a photo ID, which we do for many things, to buy cigarettes, beer, get on an airplane, travel, and many other instances, cash a check, we are asked for photo ID in many instances, and I think we provide in this bill for those who might not have photo ID who need it.
Once they get it, I think it would be viewed as a positive thing for them, so they wouldn't be going, as they do in many cases to check-cashing facilities that don't require a photo ID, and they end up paying 30 and 40 percent surcharges for that.
I would like to say, in my State of West Virginia, we just had five Federal convictions for vote fraud, vote buying. So it exists. And it is a defeating thing that occurs from State to State, because it defeats those of us who get up on that election morning or have gotten up earlier to early vote or send in our absentee ballot. It feels like our vote is being disenfranchised.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Bilbray).
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Mrs. CAPITO. I would like to read from the committee record from the hearing on Arizona, if I might. And this is from the Honorable Andrew Thomas, the Maricopa County Attorney. He talks about instances of voter fraud, they were charged of filing false documents, a class 6 felony.
Maricopa County Recorder Helen Purcell referred these matters to the county attorney's office after her office received jury questionnaire forms from the county jury commissioner. These forms were filled out by potential jurors who claimed they were unable to serve on a jury because they were not citizens. The county recorder's Office found that they claimed to be citizens when they filled out the voter registration form. Four of these five defendants voted in at least one election. In addition to the 10 charged defendants, they were reviewing 149 other cases. The county recorder had received inquiries from people seeking to become U.S. citizens who had been told by Immigration and Customs Enforcement to obtain a letter from her office confirming they had neither registered to vote nor voted. And today, a review of these matters has turned up 37 noncitizens who have registered to vote.
So I think this is a good reason to get out of Washington, D.C., to have real-life testimony across the country, which I know we do quite often. And this comes from the State of Arizona.
I reserve the balance of my time.
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Mrs. CAPITO. Mr. Speaker, I would like to thank my colleague from Florida for presenting his viewpoints on this, and we obviously have great differences.
I think the underlying legislation is an important step towards improving the integrity of the election system. We have both talked about the lack of participation in our elections and how that is something that, really, as Americans we are not very proud of. But if we don't have a system that has integrity, our participation rates are going to go even lower, and that is a concern, I believe, for all of us.
We have made great strides towards extending the right to vote to all citizens, but there is still work to be done to improve the integrity of our system. This is something the American people have spoken loudly on, with 81 percent of the population favoring the measures taken in this underlying legislation.
I am pleased that my colleague inserted the report from former President Jimmy Carter and former Secretary of State James Baker. They wrote in the New York Times in September of 2005 concerning this report: ``Our concern was that the differing requirements from State to State could be a source of discrimination, and so we recommended a standard for the entire country, the REAL ID card, the standardized driver's license mandated by Federal law, last May. With that law, a driver's license can double as a voting card. All but 3 of our 21 commission members accepted the proposal in part because the choice was no longer whether to have voter ID, but what kind of voter ID the voters should have.''
So I ask my colleagues to support the rule and the underlying legislation
The material previously referred to by Mr. Hastings of Florida is as follows:
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http://thomas.loc.gov/