«tongrtssional Rtcord United States of America PROCEEDINGS AND DEBATES OF THE 99th CONGRESS, FIRST SESSION
HOUSE OF REPRESENTATIVES-Wednesday, Mag 1, 1985 The House met at 12 o'clock noon THE JOURNAL Gejdenson Martinez Sharp Gephardt Matsui Shelby and was called to order by the Speaker The SPEAKER pro tempore. The Gibbons Mavroules Slaisky pro tempore CMr. WRIGHT]. Chair has examined the Journal of Glickman Mazzoll Skelton Gonzalez McCurdy Slattery the last day's proceedings and an Gordon Mica Smlth DESIGNATION OF SPEAKER PRO nounces to the House his approval Gray(ll..) Mlkulsld Smith TEMPORE thereof. Gray Miller Solarz Pursuant to clause 1, rule I, the Guarln1 Mineta Spratt The SPEAKER pro tempore laid Hall Moakley St Germain before the House the following com Journal stands approved. Hamilton Mollohan Staegers munication from the Speaker: Mr. SAXTON. Mr. Speaker, pursu Hatcher Montgomery Stalllnp ant to clause 1, rule I, I demand a vote Hawkins Moody Stark WASHINGTON, DC, Hayes Morrison Stenholm April 30, 1985. on agreeing to the Chair's approval of Hefner Mrazek Stokes I hereby designate the Honorable JIM the Journal. Hertel Murphy Stratton WRIGHT to act as Speaker pro tempore on The SPEAKER pro tempore. The Howard Murtha Studds Hoyer Natcher Swift Wednesday, May l, 1985. question is on the Chair's approval of Hubbard Neal Synar THOMAS P. O'NEILL, Jr., the Journal. Hughes Nelson Tallon Speaker of the House of Representatives. The question was taken; and the Hutto Nichols Tauzin Speaker pro tempore announced that Jenkins Nowak Thomaa Johnson Oakar Torres PRAYER the ayes appeared to have it. Jones Oberstar Torricelli Mr. SAXTON. Mr. Speaker, I object Kan.Jorsk1 Obey Towns Rabbi Sidney Harcsztark, executive to the vote on the ground that a Kaptur Olin Traflcant director, Yeshiva Rambam, Brooklyn, quorum is not present and make the Kastenmeler Ortiz Traxler NY, offered the following prayer: Kemp OWens Udall point of order that a quorum is not Kennelly Panetta Valentine 0 Heavenly Father, Thou who hast present. Kildee Pease Vento endowed men with the noble ambition The SPEAKER pro tempore. Evi Kleczka Pepper Vlacloaky and blessed ability to lead their fellow Kolter Perkins Volkmer dently a quorum is not present. Kostmayer Pickle Wal&ren men in the paths of righteousness of The Sergeant at Arms will notify L&Falce Price Watklna state, and hast inspired them to serve absent Members. La.ntos Rangel Waxman the people of these United States of Leath Ray Weiss The vote was taken by electronic Lehman Reid Wheat America with honor. device, and there were-yeas 227, nays Lehman Richardson Whitley Invest those legislators gathered 178, answered "present" 3, not voting Leland Robinson Whitten here in august assembly with dedicat 25, as follows: Levln Roe Wllaon ed souls so that they may illustrate Lipinski Rose Wirth the finest and the most worthy tradi CRoll No. 871 I.Joyd RostenkoWBkl Wlae YEAS-227 Long Rowland Wolpe tions of this great democracy to the Lowry Roybal Wrl&ht end that they will be praised for their Ackerman Breaux Dorgan Luken RUBBO Wyden Addabbo Brooks Dowdy Lundlne Sabo Yates actions and deeds by the American Akaka Broomfield Downey MacKay Savage Yatron people and mankind the world over. Alexander Brown Durbin Manton Scheuer Youna Bless these servants with powerful Anderson Bruce Dwyer Markey Schumer Andrews Bryant Dyson hands so that with the practical sagac Annunzlo Burton Early NAYS-178 ity which is their hallmark they may Anthony Bustamante Eckart Archer Cheney Dornan unite and solidify a globe jigsawed .Aspln Carper Edgar Armey Clinger Dreier with boundaries. Bless their quest to Atkins Carr Edwards Coats Duncan Chappell English Badham Barnard Bartlett Cobey Eckert grant real meaning to the dignity of Barnes Clay Erdrelch all Barton Coble Edwards men, as men are born in the image Bates Coelho Evans Bateman Coleman Emerson of God. Bellenson Coleman Faacell Bentley Combest Evana Grant them courage and wisdom so Bennett ColJJns Fazio Bereuter Conte Pawell Berman Conyers Feighan Bll1rakla Coughlin Pledler that through their guidance and lead Bevill Cooper Flippo Blaggi Billey Courter Fields ership they may bring healing for the Coyne Florio Boehlert Craig Flah multitude of lives emptied of meaning, Bogp Daniel Foglletta Foley Boulter Crane PrankJJn solace for the multitude of souls Boland Darden Brown Dannemeyer Fremel Boner Daachle P'ord Broyhill Daub Gallo scarred with the weary search for Fowler Bonlor de la Garza Callahan Davis Gekas peace and rest, comfort for the multi Bonker Delluma Frank Campbell DeLay Gilman Borski Derrick Frost Camey DeWine G1ngrlch tude of hearts stabbed with the frus Fuqua trations of our everyday existence. Bosco Dicks Chandler Dickinson Gradlson Boucher Dixon Garcia Chapple DloGuardl Green Amen. Boxer Donnelly Gaydos
O This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.
9981 9982 CONGRESSIONAL RECORD-HOUSE May 1, 1985 Gregg McDade SchuU.e officer and executive director; 1985 Ortega-Gorbachev picture. It may not Grotberg McEwen Sensenbrenner Hammerschmidt McGrath Shaw also marks the 850th anniversary of be worth a thousand words-but it Hansen McKernan Shumway the great Jewish physician and philos might be worth two votes which could Hartnett McKinney Shuster opher Maimonides, after whom Yeshi produce passage. Let's vote again! Hendon McMillan Sikorski va Rambam is named. Henry Meyers SllJander Hiler Michel Skeen Rabbi Harcsztark is a descendant of Hillis Miller Slaughter one of the most prominent rabbinical IT'S A DAMN SHAME Holt Miller Smith families in prewar Poland. After his Hopkins Molinari Smith liberation from Dachau, he remained given permission to address the House Hunter Moore Smith, Denny in Germany for a time to assist with for 1 minute and to revise and extend Hyde Moorhead Smith, Robert the U.N. Relief and Rehabilitation Ad his remarks.> Ireland Morrison Snowe Jacobs Myers Snyder ministration Team in Zellshein before Mr. SOLOMON. I thank the Speak Jeffords Nielson Solomon coming to the United States. Today, in er. Kasich O'Brien Spence addition to his duties at Yeshiva Mr. Speaker, in all the wars ever Kindness Oxley Stangeland Rambam, Rabbi Harcsztark is a Kolbe Packard Strang fought by the American people, all the Kramer Parris Stump member of the Holocaust Commission battles, whether it be the Battle of Lagomarsino Paahayan Sundquist of the Agudath Israel of America, and Saratoga, the Battle of Belleau Wood, Latta Penny Sweeney is a frequent contributor on the sub the Battle of Iwo Jima, the Battle of Leach Petri Swindall ject to a variety of Jewish periodicals. Lent Porter Tauke Pork Chop Hill, the Battle of the Lewis Pursell Taylor In the 40 years since his liberation Mekong Delta, those battles were Lewis Quillen Thomaa from the Nazi extermination camp, fought by the American people and by Lightfoot Regula VanderJagt Rabbi Harcsztark has been able to · Livinpton Ridge Vucanovich many of you in this room here today Loeffier Rinaldo Walker help educate those not yet born about for the sole purpose of keeping Amer Lott Ritter Weber the horrors of the Holocaust. It is the ica free and protecting the Constitu Lowery Roemer · Whitehurst teachings of people like Rabbi Harcsz tion of the United States of America. Lujan Rogers Whittaker tark that will enable us to ensure no Lunsren Roth Wolf This is the first time that I have Mack Roukema Wortley repetition of this darkest moment in risen on this floor to talk about the In Madipn Rowland Wylie human history. In light of the events diana Eighth District, but hundreds of Martin Rudd Young of the past 10 days, it seems more im Martin Saxton Young thousands of Americans have died to McCain Schaefer Zachau portant than ever that we remain vigi keep America free and to protect that McCandless Schroeder lant in our task to make sure that no Constitution, and the most inalienable McCollum Schuette one is allowed to forget this tragic right under that Constitution is the ANSWERED "PRF.sENT"-3 event. Rabbi Harcsztark's courage, his right of the American people to exer Burton DymaUy Mitchell eloquence, and his determination are cise their right to vote. an inspiration to us all. NOT VOTING-25 That right to vote has been taken Applegate Hall, Ralph Rahall away from them because of the action AuCoin Hall, Sam Roberts ORTEGA VISITS MOSCOW-LET'S by this Congress in refusing to seat Bedell Heftel Rodino . VOTE AGAIN the duly elected Representative of the Byron Huckaby Schneider Eighth District of Indiana, Rick Mcfa Crockett Jonea Seiberllns Weaver permission to address the House for 1 tyre. It's a shame. Ford Levine Willlams Goodllna Marlenee minute and to revise and extend his Gunderson McHugh remarks.) DISABILITY REGULATIONS Mr. BIAGGI. Mr. Speaker, it is said d 1220 that a picture is worth a thousand The result of the vote was an bachev worth? Mr. PICKLE. Mr. Speaker, last year, nounced as above recorded. I believe it is worth the imposition of in an attempt to end the chaos grip the severe new economic sanctions ping our Social Security Disability against Nicaraguan announced by the Program, Congress enacted strong dis MF.SSAGE FROM THE President. ability reform legislation. Yesterday, PRESIDENT I believe it is worth .a reconsider the administration published the re A message in writing from the Presi ation of the unfortunate vote of last quired regulations for the new medical dent of the United States was commu week when the House denied all aid to improvement standard, and an nicated to the House by Mr. Saunders, the Contras fighting for freedom nounced their intention to resume the one of his secretaries. against Ortega's Sandanistas. review process in July. I believe it is worth more of my col While announcing this new begin leagues realizing how deceptive the ning, Acting Social Security Commis RABBI SIDNEY HARCSZTARK Nicaraguan Government is when it sioner Martha McSteen said that "we outrage, directed against black Ameri counted and other, identical appearing Mr. BARTON of Texas. Mr. Speak cans. ballots to be thrown out? er, yesterday in this body, we voted Mr. Speaker, if Ms. Hall does not Is it fair not to count absentee bal 229 to 200 not to vacate the Eighth resign on her own initiative, the Presi lots mailed in by voters who happen to Congressional seat in Indiana. We did dent must ask for her resignation im be serving in the military? this in spite of the fact that over 60 mediately, today. Is it fair, for a panel made up of two percent of the people in the Eighth Democrats and one Republican to vote Congressional District have decided on which ballots will be counted and that they would prefer a special elec McINTYRE SITUATION A which will be discarded? tion; in spite of the fact that every edi NATIONAL DISGRACE Is it fair, in all these circumstances, torial board that has editorialized on when the vote is still within the this subject has said there should be a ed? special election. Mr. SILJANDER. Mr. Speaker, the The only fair thing to do in this case Today we are going to have another Mcintyre situation in the Eighth Dis is to count all the ballots under the opportunity to prevent a travesty of trict of Indiana has been called many same rules, or else have another elec justice in this body. · things. It has been called unfair, diSas tion. That's what's fair, and that's all I hope that the 233 Democrats who trous, abridging the Constitution, we ask. did not vote to vacate the seat yester equivalent to Watergate in the legisla ture, manipulation, rape, theft, old day would consider the fact that a spe time big city graveyard voting politics 0 1230 cial election is the only fair thing to do before they vote today to seat at its best, but I would say that a com REMOVE MARIANNE MELE HALL Frank Mccloskey. mission set at 2 to 1 against the minor AS CHAIRPERSON OF COPY In 1836, in my great State of Texas, ity, that creates rules that guarantee RIGHT ROYALTY TRIBUNAL there was a small band of patriots at their victory, ignore State laws of Indi Army, and they lost that battle, but voters in an area, count some ballots Mr. EDWARDS of California. Mr. ultimately, Texas won the war, with when it suits them and ignore others Speaker, you can imagine my horror the battle cry being "Remember the when it helps them. at learning today that Marianne Mele Alamo." I would say this is more indicative of Hall, the newly confirmed chairperson Today, the Republicans in this body a national disgrace, more than any of the Copyright Royalty Tribunal, is might lose the battle to seat Rick thing else, Mr. Speaker. also the coauthor of a book literally Mcintyre, but ultimately, we will win reeking the stench of racism. the war. In 1986, the people of Amer ANOTHER "RED MENACE" In "Foundations of Sand," Ms. Hall ica will rally to the Republican banner writes along with her coauthors that under the battle cry, "Remember Rick tesque red menance which threatens but unequal education, of segregated Mr. WOLPE. Mr. Speaker, today I us and our children. Not some red job opportunities, of unfair housing. join with Mr. EDWARDS in calling for threat that exists in a foreign country, But, in the face of historical evidence, the immediate resignation of Mar but the red menance lurking here on Ms. Hall and her colleagues seem to ianne Mele Hall, the President's newly our shores. The Reagan administra prefer to wander lost in a jungle of ig confirmed chairperson of the Copy tion ignores the danger, refuses to norance. right Royalty Tribunal. obey the law and permits this red peril I might be content to let them By Ms. Hall's own ack.nowledgement, to flourish, a sinister threat to our remain there. But Ms. Hall currently she was the editor of a book that es body politic poisoning us slowly. Mr. serves as a $70,000 per year Presiden pouses views that are so ugly and so Speaker, I speak, of course, of red tial appointee in a job of great public racist that surely no American Presi dyes. responsibility in a powerful Federal dent would want to be associated with The safety of our food supply is agency. I firmly believe that someone such views, even for a moment. threatened by carcinogenic red dyes 9984 CONGRESSIONAL RECORD-HOUSE May 1, 1985 which are found in candy, ice cream, LEATH of Texas; Mrs. LLOYD of Ten isting in the minds of the majority on dessert powders, baked goods, vita nessee; Mr. MAZZOLI of Kentucky; Mr. several of the issues involved in the mins, and cosmetics. Although we gen MONTGOMERY of Mississippi; Mr. OLIN Eighth District of Indiana case. erally depend upon both the Food and of Virginia; Mr. PENNY of Minnesota; I would like to attempt to set the Drug Administration and the Depart Mr. RAY of Georgia; Mr. STALLINGS of record straight on at least one of those ment of Health and Human Services Idaho; Mr. STENHOLM of Texas; and issues. Many of the speakers have re to ensure the safety of our food sup Mr. WISE of West Virgfnia. f erred to the fact that 4,800 people plies, the Secretary of Health and were disenfranchised in the recount Human Services., Margaret Heckler, A RESOLUTION TO BAN THE USE process in Indiana, and have criticized has made that protection unreliable. OF DANGEROUS DYES IN the Republicans for not being willing What kind of public servant would FOOD AND COSMETICS to count those ballots. deny citizens the right. to be heard I do not think that there has been about this important public issue? · Her defense shows the twisted ethics SAM HALL of Texas; Mr. Hurro of Flor Mr. MONSON. Mr. Speaker, there is of one who has no sense of the larger ida; Mr. LAFALCE of New York; Mr. apparently a lot of confusion still ex- moral picture. She cannot borrow May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9985 from the professional ethics she Strategy," which first proposed the "Star UNWISE USE OF PRESIDENTIAL learned in law school. She had no obli Wars" plan, formally known as the Strate AUTHORITY gation to ghostwrite this book. But the gic Defense Initiative, that has become a center-piece of the administration's arms · zine. The book, which is in the Library of Mrs. VUCANOVICH. Mr. Speaker, THE RIGHT TO VOTE Congress, lists on its cover the names "Law today I rise in solemn observance of yesterday in a telephone interview, "I edited The Democrat majority and its lead Mr. FISH. Mr. Speaker, today the that work-period Those are Dr. Hafstad's majority party will have a final chance ideas." ership infilcted grave wounds into the Asked whether she agreed with views ex side of democracy when they failed to to redeem this House. The American pressed in the book, Hall sai4, "Im not call for a special election in Indiana. press and the American people know qualified to address concerns of a scientific And today they may deliver the "coup what is fair and what is not fair in In nature like that.... I'd like to defer those de grace" when they seat Mr. McClos diana's Eighth District. types of questions to Dr. Hafstad. key. My colleagues, we are dealing with "For me to become defensive now will Let us hope that we are not wit the most fundamental right of Ameri turn this into a spat, and this whole experi can citizenship, the right to vote. To ence doesn't deserve that kind of dignity," nesses to a slow and painful death of she said. "If somebody calls you a whore, our representative form of govern even allow the perception that we are and you protest, what can you say? Can I ment. undoing the result of a general elec scream I'm not a whore?" If this patient, our own political tion does us great discredit. Asked why she listed herself as "coau process, is to recover from dreaded at I was involved 11 years ago in the thor" on the Senate questionnaire, Hall re tacks on its very soul, it will take each impeachment inquiry by this body. We plied "In the sense of a ghostwriter-no re and every Member in this Chamber to on the House Judiciary Committee searc'h, no writing, clearly editing. I didn't know how else to put it." Asked why she offer a conscience transfusion to bring were well aware that the result of im didn't leave her name off the work, she said, new life into this body. peachment is the undoing of a general "If I wash a floor real well, I'll take credit." And I hope we find a cure for such a election. We knew that such a step Hall said she was also an editor for the deadly abuse of power before our last must have a strong legal and moral 1981 work, "High Frontier: A New National drop of political blood is gone. foundation. We knew that our process, 9986 CONGRESSIONAL RECORD-HOUSE May 1, 1985 to be accepted by the American It is the Mclntyre-McCloskey dispute, First, in today's Clearwater Sun, a people, had to be thorough and fair. a classic illustration of your needed newspaper published in my district, an Mr. Speaker, the process we are concern. Mr. Speaker, clear the air. editorial declares that Rick Mcintyre asked to ratify today is neither thor Send the case back to Indiana. should be seated and that "this whole ough, complete, nor fair. Count all the episode smacks of blatant arrogance ballots or vacate the seat. Only this on the part of the Democratic House way can we assure the will of the THE AMERICAN PASSBOOK leadership." The editorial goes on to people of Indiana. SAVINGS ACT conclude that, "the abuse of power are coming down, when the truth is stone recently wrote me that he was Mr. DOWNEY of New York. Mr. that America is still suffering under disturbed that Mr. Mcintyre, as the Speaker, as a democracy, we encour an intolerable high interest rate State-certified winner, was not seated. age a wide range of views and ideas, policy. It is time to face the facts. The He warned that "this would seem to and we should do that because we fact is that real interest rates, the rate me to be a threat to our electoral proc need to learn from all sources. But the between current mortgage rates and ess • • •." ideas that Marianne M. Hall helped to inflation, is still at all time highs, and These are but two examples, Mr. bring to the public are repugnant to the ugly fact is that high interest Speaker. But I think they underscore any decent human being. In a Senate rates still remain a national tragedy an important fact. The American questionnaire she cites herself as the for too many American families. people are fair, Mr. Speaker. The pro coauthor of a book called "Founda It is time for a congressional initia ceedings on the Eighth Congressional tions of Sand." In this book there is a tive to lower interest rates, if we can District of Indiana are not. sentence that reads: ... • • blacks have find one. And I believe it is time to rec CFrom Clearwater Sun, May 1, 19851 inherited a different set of aptitudes, ognize that we cannot have lower in values, mores, goals and life styles terest rates under our current deficit WHAT'S GoING ON Hl:RE? over a period of 10,000 years." It con problems until and unless we start en There May well be something rotten in cludes that the race problem in this the State of Indiana. couraging Americans to save money In the Eighth District of the State of Indi country arises "when you displace the and, if possible, to save again in lower ana, to be specific. For in that district a duly jungle-freedom-types into the Scot yielding passbook accounts. I believe elected Congressman, Republican Richard land-type environment which is Amer we need to end the foolish practice of Mcintyre, is being denied his seat in Con ica. • • ... taxing interest earnings, a practice gress. This is sick stuff. And the way to which discourages personal savings; On election night, Mcintyre won a close deal with this sort of sickness is to and I believe it is time for a plan to victory over his opponent, incumbent Demo remove the source of the illness. Mar reward Americans who save in Ameri crat Frank McCloskey. The people said so. ianne Hall should resign her position can financial institutions. He had won by 34 votes when the returns voluntarily, and if she does not, the were tallied. Indiana's Secretary of State I will soon be offering the American said so, to.o. in declaring Mcintyre the President should fire her. Passbook Savings Act again this year, winner. as we did late last year; 120 of my col But the will of the people wasn't enough McINTYRE-McCLOSKEY DISPUTE leagues joined in cosponsoring the for the House Democrats. They demanded a SHOULD BE SENT BACK TO IN effort last year. It is time we move on full recount of the eighth district's 15 coun DIANA high interest rates and we give to ties. And they got it. Result: Mcintyre was Americans the real chance again to confirmed as the winner by 418 votes, a RmA DEPARTJO:NT OP STATE, Hon. DAN BURTON, I implore the farm organizations to Tallahasaee, FL, March 14, 1985. House of Representatives, Washington, DC. meet and consider the consequences of Hon. MICHAEL BILIRAKIS, DEAR MR. BURTON: I want to thank you this precipitous act. U.S. Representative, Ninth Dtatrict, 319 again for spending your valuable time talk Does it make any sense to force Cannon House Office Building, Wash ing to me about Soviet Jews in your office. ington, DC. During the short conversation you had with Nicaragua to buy their rice and beans DEAR CONGRESSllAN BILIRAKIS: It has come Tom Rose and myself, I learned about your from Korea and Canada? Does it make to my attention that the seating of the con strong sense of priorities. I know how seri for a comprehensive and coherent for gressman of Indiana's Eighth District has ously you take the value of human life. eign policy to sell wheat to the Soviet been challenged even though after a re Just a few years ago, I was considered by Union but refuse to sell rice and beans ccunt Rick Mcintyre had been certified by "my" country, "my" government, a crimi to Nicaragua? the Secretary of State as the winner by a nal, a traitor without a past or a future. margin of 418 votes. Today I can freely chat with a U.S. Con The President's embargo does not As the State's Chief Elections Officer, it gressman. harm Communists. It hurts the Ameri disturbs me that apparently the certifica A few years ago, I was a licensed teacher can farmer. The embargo is precipi tion by the election officials of the State of of "Scientific Atheism," proving to Soviet tous; it drives the conservative and Indiana were not accepted and Mr. Mcin children that there is no God and only men moderate forces in Central America to tyre was not seated. This would seem to me tally sick people believe in God. Moscow and is against the best inter to be a threat to our electoral process. Today I am studying to be a rabbi in the est of the American people. I urge re I hope you can understand my concern re United States. garding this important responsibility. A few years ago, I was forced to begin consideration of the consequences of Sincerely, every day of my life with the following Mr. Reagan's embargo. GEORGE FIRESTONE, words: SecretaT'I/ of State. "Glory to the Communist Party of the USSR! FAIRNESS WHAT SHOULD THE PRESIDENT Long live Lenin! I am free and happy because of people thing that is the most important to de Mr. ROEMER. Mr. Speaker, after like you, Congressman! mocracy and liberty in the United hearing Elie Wiesel's speech at the Thank you for saving and changing my States is that the people have confi White House 12 days ago, it became life. dence in the electoral process in this obvious that our President should not God bless you and God bless America! country, and that they have confi Sincerely, dence in their leaders in the Congress visit the cemetery at Bitburg. To LEONID F'ELDlllAN. honor, even inadvertently, 49 fallen P.S.-I hope your idea about me speaking of the United States. Waffen SS is to ignore the reality that before the Foreign Affairs Committee will At the close of the counting of the these were not .soldiers; these were materialize. This will be the highlight of my votes in the Eighth District of Indi butchers who deserve nothing save our life. ana, by the people of the State of Indi memory. ana, Rick Mcintyre was ahead by over The President is going to Bitburg-a THE CONSEQUENCES OF THE 400 votes. The House has agreed to mistake, but we all make them. So, in NICARAGUAN EMBARGO count all of the illegal ballots that a positive vein, what should he say were present at the close of that proc when he gets there? I am hoping that they are just as legal as any of those versy, I insisted on coming to this cem Mr. ALEXANDER. Mr. Speaker, yes ballots that have been counted also. etery to remember the SS; not to for terday the President announced that The man who was the staff man on give nor to forget. I honor West Ger he would impose a trade embargo the commission has stated that there many; I do not honor the SS. I pledge against Nicaragua. I urge attention by is no difference between those 32 bal remembrance. I and America will re every American farmer and every lots and the 10 absentee ballots that member the terror, the fear, the hate, American farm organization. I implore were counted. the racism, the pain, the death, the the leadership of the farm organiza I would point out to the Members of gas chambers and the flames. We are tions of America to consider carefully this House that if those votes on those friends of West Germany and, like the consequences of this precipitous absentee ballots, the 32 that are left, you, we reject the horror of the SS. act. were cast in the same way as the 10 We will protect against its reappear While the trade embargo gives to absentee ballots that were counted, ance by remembering its evil. For the American people some emotional satisfaction by lashing out against the vote would be 20 to 10, and Rick ever." Mcintyre would win by 6 votes. Thank you. communism, the embargo loses badly needed commercial markets in Latin I ask that the Democrats in this America. Last year, President de la House give fairness to all and count all A UNIQUE PERSPECTIVE Madrid of Mexico said that the U.S. the ballots or ask for a new election. can people. Mr. BURTON of Indiana. Mr. There are 500 million Latin Ameri the Providence Journal editorial that the proceedings. GOP strategists had hoped Mr. MOODY. Mr. Speaker, over the we cannot take this issue sitting down. to garner Democratic votes in the tally to past few days, many have condemned morrow on whether to hold a new election. Rick Mcintyre and Frank McClos However, the harsh reaction of some Re Nicaraguan for seeking economic aid key's race certainly needs to be closely publicans-"! think you can assume massive from the Soviet Union. The timing of scrutinized. At issue here is fairness; it retaliation," warned Rep. Robert Walker of Daniel Ortega's trip to Russia was ter is the bottom line. The whole calcula Pennsylvania-may have cost the GOP a rible from a PR point of view. But tion of the vote was fraught with in measure of bipartisan sympathy. what is all the sw·prise about? consistency, ad hoc rulemaking, and One can easily understand the Republi After 3 years of trying to overthrow blatant political favoritism. When you cans' inability to keep their tempers in the Nicaragua Government, what do consider the fact that 60 percent of check. Speaker O'Neill has used his party's we expect? We have financed mining the people in Indiana's Eighth District majority in the House to manipulate the Nicaragua's harbors; encouraged guer feel there should be a special election, parliamentary rules in ways that bring the Democrats undue advantage. Worst of all is rillas to kill civilians and destroy eco and we are not moving ahead with it, his structuring of committees so that the nomic targets; we have blocked aid that can be called nothing less than Democratic Party has a percentage of seats from international lending institu unfair. Four votes is far too close to on each committee significantly larger than tions; and have done everything else to call; let us be fair and equitable and is warranted by the percentage of seats it strangle the Nicaraguan economy. have another election. holds in the overall House. We have been highly successful in I encourage my colleagues to stand Neverthelss, the Republican firebrands that attempt. Nicaragua is now an eco tough on this issue. Certainly the would be wiser in the long run to do nothing nomic basket case, absolutely desolate. people of Rhode Island are 'now well to undermine the admittedly slender hopes It is any wonder that they should aware of the chicanery that has been for bipartisanship on the budget issues that try to get economic aid from anywhere taking place in this august body. will be coming to a head in the weeks and months to come. Some day, if the Reagan they can? Mr. Speaker, I include the following omic recovery survives, the GOP might Many countries with whom we have editorial for the edification of the attain to a majority in the House. In short, very good and productive relations Members: smart Republicans don't get mad, they get, have sought and received aid from the CFrom the Providence Journal, Apr. 29, eventually, an opportunity to teach the Soviet Union. This includes: India, Al 1985] Democrats a lesson in democracy. geria, and Egypt to name a few. Woul<;l THEFT OF SEAT IN U.S. HOUSE NOT To BE it have been intelligent foreign policy TAKEN SITTING DOWN to have applied economic embargoes Tammany Hall, Teapot Dome, Watergate. 0 1300 to those countries during periods of The City that Works. Corruption in Ameri friction? Of course not. can politics knows many labels because it HOW IS NICARAGUA A THREAT The final story of Nicaragua's politi has .seen many forms. But rarely in the TO THE UNITED STATES? cal complexion is not yet written, but annals of this democracy has the body poli Unfortunately, the way the recount was people and within the international Mrs. SCHNEIDER. Mr. Speaker, I handled by the Democratic majority on the community. It provides an excuse for would like to share with my colleagues committee demolishes any pretense · of re greater centralization of power and re an editorial which was in the Provi spect for the voter's will. Take the oddity of duces the likelihood of the expansion the votes by the committee panel overseeing of civil liberties and a free press. dence Journal entitled, "Theft of a the recount, with its 2-to-1 Democratic ma Seat in U.S. House Not To Be Taken jority, on whether to accept or reject disput On almost every count, the Presi Sitting Down." ed ballots. In a display of chicanery rare dent's action runs counter to the na Mr. Speaker, that is precisely why even on Capitol Hill, the two Democrats tional security interests of the United this Member is standing up for what I voted to count disputed ballots until their States. The only thing one could say believe in. I think that most of my col man was leading the vote. Then they in its favor is that it is ·better than leagues are well aware of the fact that abruptly switched, voting not to count dis waging war against Nicaragua; but I puted ballots. As a result, the Democrat won I am not to be characterized as a terri the latest recount by 116,645 to 116,641-a have yet to hear the President say bly partisan Representative. I believe margin of four votes. that this new policy substitutes for his all too often partisanship gets in the Some Democratic representatives who support of the Contras. It is simply an way of good representation, but bipar watched from the sidelines as the drama un extension of the illogical and unlawful tisanship is a two-way street. I call folded last week were reportedly distressed Reagan policy toward Nicaragua. May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9989 I urge the President to reconsider During the same 4 years we have seen House for 1 minute and to revise· and and reverse this ill-conceived course of the value of the dollar grow 40 per extend his remarks.) action. cent. That is like putting a 40-percent Mr. LEVIN of Michigan. Mr. Speak tariff on any U.S. products that we try er, if not today, in the near future our to sell overseas. That mainly comes colleague, the gentleman from Califor THE DISENFRANCHISED VOTERS from the huge domestic deficits that OF THE EIGHTH DISTRICT OF nia [Mr. LAGOMARSINO] will introduce INDIANA have come with the economic policies an amendment to the State Depart that were initiated by Ronald Reagan ment authorization bill to allow two in this country and to the world. I proposal unfortunately went down to urge my colleagues to support this defeat. Mr. LUNGREN. Mr. Speaker, in lis tening to the comments of our col amendment when it is offered. In two recounts out of three, Rick leagues on the Democratic side of the Mcintyre came out ahead, casting aisle, one would think we are back to doubt on the latest outcome which SHAMEFUL POLITICAL CHARADE under a new set of rules, and discount business as usual. We have heard ing 32 unopened ballots, resulted in speeches about a whole range of sub tions, industrial revolutions and many were counted. Mr. ECKART of Ohio. Mr. Speaker, others, but today we find ourselves in Mr. Speaker, the shame of yesterday once again another member of the a trade revolution. A time when we should not be perpetuated today. We Reagan administration Cabinet is find that we are not able to compete cannot have business as usual when we playing games with the public's on the world market. have committed this desecration of health. Health and Human Services' An economic policy was initiated by this institution and the U.S. Constitu Secretary Margaret Heckler continues Ronald Reagan in 1981 that has ex tion. to refuse to obey the law, the law that panded in just 4 short years the do she is sworn to uphold. mestic deficit from $58 billion to $200 The findings have recently been re billion per year. Our trade deficits FILMS ON AFGHANISTAN WAR leased that six food dyes, noticeably during the same 4-year period have remarks.) termined to cause cancer, must be Mr. McCURDY. Mr. Speaker, be Mr. ROTH. Mr. Speaker, do we re banned. Why, then, has the Secretary cause financial conditions on the farm member when the Democrats used to of Health and Human Services refused have reached such an extreme low, come into the House and ask for free to remove these dyes from the market many people are moved to compare and fair elections in El Salvador? although legally obligated to do so? today's farm crisis to that of the Well, on November 6, Rick Mcintyre Are we not responsible for assuring 1930's. However, there is a major dif won a free and fair election in Indiana, the safety of our consumers by elimi ference. and he came here on January 3 when nating these known cancer-causing Fifty years ago, the Wheat Belt was all the codes of ethics and rules of law dyes? · stripped of its fertile topsoil by the dictated that he be seated. But be I, therefore, join my colleague, the Dust Bowl. Everyone in Oklahoma cause the Democrats had the majority Honorable EnwARD FEIGHAN, in co learned about· erosion. We also learned in this House and rule this House, sponsoring his resolution that legally how to do something about it. We they said, "No, we're going to give it to requires the Secretary of Health and planted shelter belts of trees and the man who came in second." Human Services to remove these dyes changed the way we plowed and the The Democrats have given a new from the the market. way we planted. Soon, we had restored meaning to the word, "close." Close the greatest food production system in may be good enough in horseshoes the world. . and landmines, and maybe now in con ON THE GUTTING OF THE gressional elections, but it certainly is CONSTITUTION Today, the crisis originates from an not good enough for our American de Federal deficits, high real interest talked about free elections? No. Today Mrs. BENTLEY. Mr. Speaker, when rates, high value of the dollar and the they talked about the poor Sandinis a majority of the House voted yester inflated price of production equipment tas, a client state of the Soviet Union. day to defeat the move to declare the are not caused by farmers. They origi The Democrats have deplored the fact congressional seat in the Eighth Dis nate in Government policy and Gov that President Reagan will not be in trict vacant, they set in motion a series ernment inefficiency. timidated by the Soviets and Sandinis of consequences which do not depend If the current farm crisis is to be re tas, but rather, will stand for princi on the passions of the participants. solved, Congress and the President ple. Let the American people decide The rightfully elected candidate must plant the trees. We must reverse which political party speaks for this from the Eighth District of Indiana these ruinous deficits that are destroy country and for our people. was unseated by shuffling around the ing the Farm Belt. ballots until a formula was found which gave some momentary semba LEGISLATION TO REQUIRE BAN lance of reason to what is at root: a THE SYSTEM WORKED IN NING OF CANCER-PRODUCING naked exercise of power. NORTH CAROLINA-BUT NOT DYES New law has been made. This new IN INDIANA but certain. To whom does it apply? Is for 1 minute and to revise and extend Mr. AKAKA. Mr. Speaker, when the it only for Minority Members who win his remarks.) word "cancer," is mentioned it brings in close elections? How close is close? Mr. McMILLAN. Mr. Speaker, I am to the minds of people a hope that Nothing in the new dispensation tells personally disturbed by the outcome they will not be one to suffer from us. The damage done to the Members of this so-called election in Indiana this dreaded disease. This unfortunate like Mcintyre is nothing compared to Eight, because the final margin in my disease instills fear in the hearts of what has been done to the franchise race was 321 votes. those who are diagnosed as being of the voters of the Nation. Who now But there was a difference. In my cancer stricken and grief to family can be sure that his vote will be count case, the system worked. In my case, members of those not fortunate ed? Who will know in advance the no Democratic task force was appoint enough to have over-come this disease. members of a task force sent to re ed to come into North Carolina to We all want to see cancer conquered count the ballots? Based upon what decide the outcome. in our lifetime. For that reason, mil was done here, State election officials, The Democrat election boards gover lions of dollars are poured into re- unrestrained by State election laws, nor and secretary of state in North May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9991 Carolina certified me the winner-just Reagan, once again, is worshipping the Sunday" at the initiative of the pub as the Republican Governor and secre false bitch-goddest of war. lishers of Farm and Ranch magazine. tary of state in Indiana did in Rick They suggested to religious leaders in Mcintyre's situation. MAJOR NEWSPAPERS SUPPORT a number of Southern States that one The Democrat controlled task force, MOVE FOR NEW ELECTION IN Sunday be set aside each year as time seeking to "fairly" determine the out for a special reminder to their congre come of the election, initially decided INDIANA Philadelphia Inquirer, the role and undertook to foster the Members who broke away from those the Wall Street Journal, and the Ev observance on a nationwide basis. A powerbrokers yesterday and voted for ansville Press? year later, recognizing possible con fairness in vacating the disputed seat. The answer, Mr. Speaker, is that flicts with Rural Life Sunday and I hope more of you will put fairness each of these newspapers, and many other events often observed on church first today. more, have editorially called for a new election in the Eighth District of Indi calendars, Soil Stewardship Sunday ana. was changed to Soil Stewardship CENTRAL AMERICA: A DOSE OF Why, you might ask, should newspa Week-beginning always with the fifth REALITY pers as diverse as these care about a Sunday after Easter and continuing through the sixth Sunday. This signing ceremony marks an Mr. MARKEY. Mr. Speaker, Presi early milestone in what could be one dent Reagan's unilateral imposition of A BILL TO PROTECT SOCIAL of this country's most ambitious and a trade embargo against Nicaragua ap SECURITY BENEFITS exciting space projects, a permanently pears to be guided more by a desire to manned space station. get even with Congress for last week's international partners in this major embargo should be taken only after Mr. FLIPPO. Mr. Speaker, today I space effort. By sharing the design, consultation with the Contadora have filed a bill to protect those who construction and ongoing operating group, with the OAS, and with the are depending on Social Security bene costs of the space station with the U.S. Congress. fits, as well as those paying Social Se international community, we can Substantively, this trade embargo curity taxes. expand the capabilities of the station does not open up options for the Nica Mr. Speaker. this bill would com and increase the expected return on raguans, it closes them. It leaves the pletely remove the Social Security the investment made by each of the Sandinistas with nowhere to tum but fund from the Federal budget immedi participants. to Moscow. It pulls the rug out from ately upon passage of the bill. I wanted to share this with the body, underneath Nicaraguan businessmen Mr. Speaker, I believe this action is Mr. Speaker. who might best serve as a responsible needed to guarantee once and for all and effective opposition to the Sandi that Social Security benefits will be nistas. paid to people as they become eligible LAST CHANCE TO CORRECT But my greatest concern is that the for it and they will be paid as long as INDIANA ELECTION ABUSE President is creating a situation that they are supposed to be paid. his remarks.> Mr. ARMEY. Mr. Speaker, yesterday Mr. DORNAN of California. Mr. Mr. SCHUETI'E. Mr. Speaker, we we saw once again the exercise of raw Speaker, and particularly the very power and party discipline in this honorable gentleman in the chair, get have heard a great deal of discussion and a great deal of debate on the ques Chamber as one more time a vote was this. The infamous Tom Hayden, a taken for a cause that was not just. member of the majority party in my tion facing the House on the Eighth District of Indiana election. I rise in During the debate we on our side were State legislature, has called for a me admonished to have a sense of comity. morial of some kind, in our capital support of the call and the need of a city, to those people who brought this special election, not out of emotion. Well, there is a sense of comity here, This is not an issue of emotion. This is Mr. Speaker, and if I were not so city to a standstill, by trashing it, to amused by it I might be crying. bring about a nightmarish Communist not an issue of partisansllip. This is victory over all of Indochina. Heaven not an issue of politics. We were told to take our lumps and forbid it. This is an issue of fairness and this to get on with business. Is this not scraping the bottom of is an issue about the integrity of our Today we see the majority Members the barrel of vitriol and arrogance. constitutional system of government. getting on with business of such im Would Hayden's memorial to dishonor Rick Mcintyre, .after being certified portance as red dye No. 3. be a ghastly pile of bronze sculls to the winner, is now the victim of a re Well, Mr. Speaker, I would like to symbolize the demonic genocide in count that was never completed. At point out that red dye No. 3 is not as Cambodia which he caused and has least 32 ballots were not counted. dangerous to the welfare of America yet to condemn? as a Democratic-controlled task force Mr. Speaker, this is the people's in Indiana. And then we hear today in this House. This is a great symbol of our Chamber that red dye No. 3 is equal or I thank the Speaker. worse than the Red Communist tyran Constitution. We should not desecrate ny oppressing over a third of this the Constitution and this House. world. Mayday! Mayday! Mr. Speaker, I request my colleagues HOPE DIMS THAT FAIRNESS Three times during my Air Force to look to their conscience, to have WILL PREVAIL career, I made that pilot's plea for some fairness and have a special elec CMr. NIELSON of Utah asked and help over what the military calls the tion for the people of the Eighth Dis was given permission to address the guard channel. I made that plea while trict of Indiana. House for 1 minute and to revise and in deadly jeopardy and quite obviously I thank the Speaker. extend his remarks). May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9995 Mr. NIELSON of Utah. Mr. Speaker, WE DO NOT ACCEPI' POLITICS unless you get out there by 3 o'clock on January 3, when the Members of IN COUNTING OF VOTES the media feeds may be late and the this body were sworn in, little did I best light and you also want to make seat from the duly elected and certi Mr. HUNTER. Mr. Speaker, there is the media deadlines. fied winner of the election and instead a place for pure politics in many areas Mr. DORGAN of North Dakota. Mr. seat the loser of that election. of our duties as Representatives. I Speaker, reclaiming my time, let me Since Mcintyre had won by 34 votes, think the American people accepted say that those who use the words certainly a recount was warranted. the politics of redistricting, of gerry "cheat, lie, steal" do a great disservice When it became clear that Mcintyre mandering several centuries ago. We to this House. had also won the recount by a much accept the politics of campaigns for larger margin, a task force was set up Congress and we accept the place of HOUSE SEATS BELONG TO THE which ignored Indiana election laws politics in allocating positions of CONSTITUENTS IN EACH DIS and the valid certification of the elect power in this House. TRICT ed Member of Congress. Mr. Mcintyre We do not accept politics in counting votes. law as demanded by his opponent. Put their party bosses. Mr. REGULA. Mr. Speaker, we have yourselves in the place of Mr. Mcin been instructed by an expert. tyre and imagine how you would feel Mr. Speaker, in the heady atmos if your seat were taken from you after REQUF.sT TO ADDRESS THE phere of this environment we tend to you had been legally and constitution HOUSE FOR 1 MINUTE forget that seats in this body belong to ally elected and certified by their The SPEAKER pro tempore CMr. the constituents of each district-that States. Most of all I ask my colleagues MURTHA]. For what purpose does the we are only representatives of their to have the courage to do what is right gentleman from New York rise? right to participate in the process of and seat the man that has been elect Mr. DOWNEY of New York. Mr. governing ourselves. ed by the people of the Eighth District Speaker, I ask unanimous consent to Today the majority in this House of Indiana. address the House for 1 minute and to will substitute its judgment for that of Since the Democratic leadership has revise and extend my remarks. the people in the Eighth District of the votes to seat the loser of the elec PARLIAKENTARY INQUIRY Indiana. tion there is little hope that democra Mr. WALKER. Mr. Speaker, I have a The framers of the Constitution cy, fairness and integrity can prevail. parliamentary inquiry. never envisioned that the House of But if it does not, the real losers will The SPEAKER pro tempore. The Representatives would usurp the be the democratic process, the U.S. gentleman from Pennsylvania will rights of people to choose their Repre Congress and the American people. state his parliamentary inquiry. sentative to the Congress. Mr. W .!.:..LKER. Mr. Speaker, am I The only people entitled to settle not correct that, having given one 1- the controversy in Indiana should be SOMETHING SMELLS IN THE minute speech, the gentleman is not the voters in the Eighth District with entitled to a second 1-minute speech a special election. HOUSE today? New York CMr. DOWNEY] has had a 1- HAPPENS IN THE DAYS THAT Mr. WALKER. Mr. Speaker, some minute speech. FOLLOW thing smells in the House. In fact, Mr. DOWNEY of New York. That is terday several Members on the majori District of Indiana seat. Mr. DOWNEY of New York. Mr. ty side told me that had they only Do most Democrats care? Listen to Speaker, will the gentleman yield to known on January 3 where that them hiss. me? motion was inevitably leading us they Mr. DORGAN of North Dakota. I would have voted otherwise. Do they think the people matter as yield to the gentleman from New Just as inevitably as you have placed they go about desecrating the winning York. yourselves with that vote on that of a House seat? Mr. DOWNEY of New York. Mr. motion on January 3, just as surely The Speaker in this morning's Speaker, I thank the gentleman for then those of us, all of us who took Washington Times calls the uproar yielding to me. the oath of office to uphold the Con from the House over the Mcintyre Mr. Speaker, I know that my Repub stitution and the laws of this Nation matter "one of the silliest things that lican colleagues are planning a sym are placed on an inevitable track of op I have heard." bolic walkout after the vote, and I just position to what is happening. How unbelievably sad that someone wanted to give you some quick media We are in a situation of inevitabil so insensitive to the public will should instructions, because I am advised by ities and conflicts on the hand of both be so powerful. the camera people out there that parties. 9996 CONGRESSIONAL RECORD-HOUSE May 1, 1985 Mr. Speaker, I am concerned for not or no recount by this House of Repre larity of carrying out Indiana law, and only what happens to this House sentatives with a recount only by the that there were some serious-get this today but for what will happen tomor people of Indiana. one-there were some serious ques row and the days that will follow. No. 3: There was a clear abuse, then, tions about the fairness of the elec Mr. Speaker, finally and lastly, I by the task force in setting the rules tion. would appeal to your own personal to favor the particular outcome during Well, the delay in the certification pride, I would appeal to your many the count. That is, counting votes only occurred because it· was necessary to years of long and distinguished service until a predetermined outcome was get a court order to force the Demo to our country, and ask you whether successful, and then stopping to count cratic county clerk to correct tabula you wish to preside over the Chamber those votes. tions of precinct totals. in your last term of office as Speaker Last, I would take 1 minute to com Indiana. law was regularly carried when its repute is brought into dis mend those 19 courageous Democrats out, which is much more than you can honor. who voted the other way yesterday. say for the Panetta task force. There I thank the Speaker. are far more serious questions today INDIANA ELECTION DISPUTE about the fairness of the task force D 1350 ISSUE NEEDS TO BE FOCUSED and its rule. You have failed by your own rules. FREE THE PEOPLE OF THE given permission to address the House Mr. TRAFICANT. Mr. Speaker, I for 1 minute.) would like to say there is something COUNT THE 32 ABSENTEE Mr. LIVINGSTON. Mr. Speaker, the going on here that just does not look BALLOTS Democratic Party has brought shame good to the American public. (Mr. MCCOLLUM asked and was on itself and on the House of Repre President Reagan is not a devil, and given permission to address the House sentatives. To proceed and seat Mr. TIP O'NEILL is not a devil, either. We for 1 minute and to revise and extend Mccloskey in the face of legal State are sort of getting mixed up in the his remarks.) certification of his opponent, Mr. fact that we happen to be all Ameri cans. Now, there were 32 ballots that Mr. McCOLLUM.'Mr. Speaker, there Mcintyre, and after all the confusion is a lot of emotion that has been and anxiety over the irregular vote were contested, but if you look at all the State laws, those 32 ballots would spilled over the issue of the Eighth counts in the past few months, is to District of Indiana on the floor of this reject precedent and the rule of law, have been thrown out. If this task force would have found House, and I would like to make one and to ignore equity and justice. last appeal for reasoned, nonemotional Mr. Speaker, you and the Democrat Mcintyre to be the winner by one vote, I would have come on this floor consideration of this issue, particular ic Party have trampled on the basic ly on the part of my Democratic col tenets of democracy by your use of as a Democrat and voted and talked to my colleagues about seating him. leagues as they come down to the final ham-handed majority rule or else. votes today. But the damage is not irretrievable. Now we have got budget deficit prob lems and many other problems. I am We are talking about a sense of fair Free the people of the Eighth Con ness, a sense of propriety that is gressional District of Indiana to not making light of this situation, but I do not like Democrats-and I do not judged not only in this body, but choose their Representative in Con around this country by the people who gress in a new special election. think we have taken cheap shots at the President, and if we are, we had write about it in the press and the better stop it. I do not like Republi people who read about it. THE BASICS OF THE INDI4NA cans taking shots at an honorable The facts that seem to me to be so ELECTION DISPUTE Speaker. apparent are that rules were adopted funny right now, with a growing rate ought to be applied even-handedly. If Mr. BARTLETT. Mr. Speaker, great of poverty that is reflecting that of there are going to be 10 unnotarized, damage has been done by the actions the 1960's. Perhaps we should put in unopened absentee ballots counted, both yesterday and during this session focus what we are talking about here the other 32 should be counted. with regard to the counting of the today; this is not a game, this is a very If that sense could be brought into votes of the Eighth District of Indiana important process, the House of Rep this process and if when the opportu by the actions of this House. Damage resentatives. nity for a vote on that occurs later has been done to both the principles today it could be adopted, I think a lot of democracy and to the U.S. Constitu of the emotional steam, despite all the tion. TASK FORCE RULES WERE NOT other considerations, could be taken Much has been said. I will take this REGULARLY CARRIED OUT out of this issue. minute to bring us back to the basics. I permitted to vote-marked her for special sex.'' Mr. MYERS of Indiana. Mr. Speak attention, however much she strove to be Miss Rankin taught, for a short er, the thousands of words that have Just another freshman member of the while, in Whith8.ll; and at 24 years of taken place here since January 3, are Sixty-fifth Congress. age went East, later returning to Mon Jeannette Rankin was not a woman who tana with a memory burned by the hopefully going to come to an end shrank from hard and difficult tasks. Cover today. The issue will not end. ing every inch of her vast Montana district, sight of rotting urban neighborhoods, I am asked most frequently in Indi much of it on horseback, spending more the poor, the disposed. ana one question: "Why don't you do time in kitchens and parlors than in meet Jeannette Rankin, who within a something about that terrible problem ing halls or political headquarters, she had decade was to walk the national politi that's happening in the Eighth Dis entered without fear in the heretofore all cal stage, was collecting herself. trict of Indiana?" male world of politics-and done it success Off to San Francisco, away to im fully. merse herself in west coast reform. The people of Indiana are not naive; Along with most of her colleagues-and they are honest, law-abiding people, President Wilson himself-she had success Next, to Seattle and the discovery of but they cannot understand how this fully campaigned on a position of noninter women's suffrage-the audacity of po issue has become such a partisan one. vention. She was a pacifist who in those less litical change. They do not understand how this complex days did not resist the label of "iso Back to Montana, Jeannette was House could be so critical of the stat lationist"-and she did not believe that this near her 30th year, now, collecting utes of Indiana pertaining to its elec war would end all wars. herself: Watching out for others by tion laws; how we could be critical in The New York Times editorialized protecting her own soul. She had this House of the way the election was that her vote was "almost .final proof walked in the slums of New York City, conducted, and yet to send a task force of feminine incapacity for straight talked with Boston's poor, been ener to Indiana that committed many more reasoning.'' · gized by the variety that was San irregularities and mistakes than the While she was the object of scorn, Francisco, handed out pamphlets on election officials in Indiana. she was indeed a tower of strength. the corners in Seattle, lectured from Now I am not blaming the chairman She proved to America that women the hood of her Model T and the back of that task force, or am I calling in public office could be strong in of her horse, saw women use the ballot names of anyone. I think you have all their convictions, powerful in senti in New Zealand, and watched the chil on the Democrat side been caught up ment and firm in belief. dren of Butte's widows. Neither Jean somewhat in this political situation; And she proved that they could not nette Rankin nor this Nation would the partisanship, the polarization. be pushed around. ever be the same again. After the vote yesterday, several Jeannette Rankin opened the doors She realized and brought us to un Members said, "I wish we could vote of political opportunity for all Ameri derstand the meaning of the power with you. But you people called us can women and as Speaker I am hon and influence of an individual in this Democrats so many names we were ored-and very pleased-to accept this democracy carrying out her con left no choice." I think that you can statue on behalf of the U.S. House of science. "It is," she told us, "altogeth count on one hand the people on your Representatives to become part of the er fitting and proper that a mother be side that are responsible for us getting Statuary Hall collection of the U.S. at the bedside of her child, sick with in this dilemma, but all are now ex Capitol Building.e typhoid fever; it is also altogether fit pected to support those few. ting and proper for the mother to go It is not going to end today; I am into the public forum to eradicate the sorry, I wish it were. I wish there was ON THE OCCASION OF THE AC- causes of typhoid fever," and America some way it could be, and there is one CEPTANCE OF THE JEANNETTE ' listened. way. and that is to give the people of RANKIN STATUE BY THE CON- And Jeannette Rankin said, "the Indiana the opportunity to elect their GRESS OF THE UNITED American woman must be bound to own, and not have their representative STATES American obligations not through her selected by the House of Representa woman I can't go to war and I refuse JEANNETTE RANKIN OF MON • Mr. WILLIAMS. Mr. Speaker, her to send anyone else." TANA BY SPEAKER THOMAS P. mother's name was Olive; her father's And America learned that, oh, how O'NEILL, JR. John. He was born 144 years ago, now, we learned that. Stump Weber NOT VOTING-8 Smith Sundquist Whitehurst saying, "small use will it be to save de Smith, Denny Sweeney Whittaker Dingell Mica Weaver mocracy for the race, if we cannot save Smith, Robert Swindall Wolf Gunderson Rahall Williams the race for democracy." Snowe Tauke Wortley Huckaby Seiberling Miss Jeannette Rankin had helped Snyder Taylor Wylie Solomon Thomas Young 0 1410 America collect itself.• Spence VanderJagt Young Mr. APPLEGATE and Mr. Stangeland Vucanovich Zschau Strang Walker THOMAS of Georgia changed their MOTION TO ADJOURN votes from "yea" to "nay." NAYS-243 Mr. COBEY. Mr. Speaker, I have a Mrs. ROUKEMA changed her vote Ackerman Frank Nowak from "nay" to "yea." privileged motion at the desk which I Addabbo Frost Oakar So the motion to adjourn was reject offer. Akaka Fuqua Oberstar ed. The SPEAKER pro tempore. The Alexander Garcia Obey Anderson Gaydos Olin The result of the vote was an Clerk will report the motion. Andrews GeJdenson Ortiz nounced as above recorded. The Clerk read as follows: Annunzio Gephardt Owens Anthony Gibbons Panetta Mr. COBEY moves that the House do now Applegate Glickman Pease adjourn. Aspin Gonzalez Penny RELATING TO ELECTION OF A The SPEAKER pro tempore. The Atkins Gordon Pepper REPRESENTATIVE FROM THE question is on the motion offered by AuCoin Gray CIL) Perkins EIGHTH CONGRESSIONAL DIS Barnard Gray Pickle TRICT OF INDIANA the gentleman from North Carolina Barnes Guarini Price [Mr. COBEY]. Bates Hall Rangel Mr. PANETTA. Mr. Speaker, by di The question was taken, and on a di Bedell Hall, Ralph Ray Beilenson Hall, Sam Reid rection of the Committee on House vision Hertel Rostenkowski eration. The yeas and nays were ordered. Bonior Howard Rowland Bonker Hoyer' Roybal The Clerk read the resolution, as fol The vote was taken by electronic Borski Hubbard Russo lows: device, and there were-yeas 182, nays Bosco Hughes Sabo H. RES.146 243, not voting 8, as follows: Boucher Hutto Savage Boxer Jacobs Scheuer Resolved, That, based on a recount of CRoll No. 881 Brooks Jenkins Schroeder votes in the electfon of November 6, 1984, YEAS-182 Brown Jones Schumer conducted pursuant to House Resolution l, Bruce Jones Sharp Ninety-ninth Congress, agreed to January 3, Archer Fish McCandless Bryant Jones Shelby 1985, the House of Representatives deter Armey Franklin McCollum Burton KanJorski Sikorski Badham Frenzel McDade mines that Frank Mccloskey was duly elect Bustamante Kaptur Sisisky ed to the office of Representative from the Bartlett Gallo McEwen Byron Kastenmeier Skelton Barton Gekas McGrath Carper Kennelly Slattery Eighth Congressional District of Indiana Bateman Gilman McKeman Carr Kildee Smith and is entitled to a seat in the Ninety-ninth Bentley Gingrich McKinney Chappell Kleczka Smith Congress. Bereuter Goodling McMillan Clay Kolter Solarz Blliralds Gradison Meyers Coelho Kostmayer Spratt D 1420 Bllley Green Michel Coleman LaF'alce St Germain Boehlert Gregg Miller Collins Lantos Staggers Mr. BARTON of Texas. Mr. Speak Boulter Grotberg Miller Conyers Leath Stallings er, I raise a question of consideration Breaux Hammerschmidt Molinari Cooper Lehman Stark Broomfield and demand that the Chair put the Hansen Monson Coyne Lehman Stenholm question. Brown Hartnett Moore Crockett Leland Stokes Broyhill Hendon Moorhead Daniel Levin Stratton The SPEAKER pro tempore [Mr. Burton CIN> Henry Morrison ' Darden Levine Studds WRIGHT]. The question is, Will the Callahan Hiler Myers Daschle Lipinski Swift House now consider House Resolution Campbell Hillis Nielson de la Garza Lloyd Synar Carney Holt O'Brien Dellums Long Tallon 146? Chandler Hopkins Oxley Derrick Lowry Tauzin The question was taken; and the Chappie Horton Packard Dicks Luken Thomas Speaker pro tempore announced that Cheney Hunter Parris Dixon Lundine Torres Clinger Hyde Pashayan the ayes appeared to have it. Donnelly MacKay Torricelli Coats Ireland Petri Dorgan Manton Towns Mr. BARTON of Texas. Mr. Speak Cobey Jeffords Porter Dowdy Markey Traficant er, on that I demand the yeas and Coble Johnson Pursell Downey Martinez Traxler nays. Coleman Kasich Quillen Durbin Matsui Udall Combest Kemp Regula Dwyer Mavroules Valentine The yeas and nays were ordered. Conte Kindness Ridge Dymally Mazzoli Vento The vote was taken by electronic Coughlin Kolbe Rinaldo Dyson McCurdy Visclosky device, and there were-yeas 242, nays Courter Kram.er Ritter Early McHugh Volkmer 185, not voting 6, as follows: Craig Lagomarsino Roberts Eckart Mikulski Walgren Crane Latta Rogers Edgar Miller Watkins CRoll No. 891 Dannemeyer Leach Roth Edwards Mineta Waxman YEAS-242 Daub Lent Roukema English Mitchell Weiss Davis Lewis Rowland Erdreich Moakley Wheat Ackerman Bedell Breaux DeLay Lewis Rudd Evans Mollohan Whitley Addabbo Bellenson Brooks DeWine Lightfoot Saxton F'ascell Montgomery Whitten Akaka Bennett Brown Wirth Anderson Bevill Bryant Doman Lott Schuette Flippo Mrazek Wise Andrews Biaggi Burton Dreier Lowery Schulze Florio Murphy Wolpe Annunzio Boggs Bustamante Duncan Lujan Sensenbrenner Foglletta Murtha Wright Anthony Boland Byron Eckert Lungren Shaw Foley Natcher Wyden Applegate Boner Carper Edwards Mack Shumway Ford Neal Yates Aspin Bonior Carr Emerson Madigan Shuster Ford(TN) Nelson Yatron Atkins Bonker Chappell Evans Marlenee SllJander Fowler Nichols Young AuCoin Borski Clay Fawell Martin Skeen Barnard Bosco Coelho Fiedler Martin Slaughter Barnes Boucher Coleman Fields McCain Smith Bates Boxer Collins May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9999 Conyers Jones Reid Kindness Molinari SilJander The official tally that was presented Cooper Jones Richardson Kolbe Monson Skeen Coyne Jones Robinson Kramer Moore Slaughter by the director of elections gave Mr. Crockett Kanjorski Rodino Lagomarsino Moorhead Smith Mccloskey 116,645 votes and Mr. Daniel Kaptur Roe Latta Morrison Smith Mcintyre 116,641 votes. Darden Kastenmeier Roemer Leach Myers Smith Daschle Kennelly Rose Leath Nielson Smith, Denny Pursuant to the responsibility that de la Garza Kildee Rostenkowski Lent O'Brien Smith, Robert was placed on the task force and the Dellums Kleczka Rowland Lewis Oxley Snowe House Administration Committee to Derrick Kolter Roybal Lewis Packard Snyder Dicks Kostmayer Russo Lightfoot Parris Solomon determine who received the most votes Dixon LaFalce Sabo Livingston Pashayan Spence based on the official tally provided by Donnelly Lantos Savage Loeffler Petri Stangeland the GAO auditors and the director of Dorgan Lehman Scheuer Lott Porter Stenholm elections, it is the recommendation Dowdy Lehman Schroeder Lowery Pursell Strang Downey Leland Schumer Lujan Quillen Stump that Mr. Mccloskey, therefore, be Durbin Levin Sharp Lungren Regula Sundquist seated. That was approved by the task Dwyer Levine Shelby Mack Ridge Sweeney force and approved by the full House Dymally Lipinski Sikorski Madigan Rinaldo Swindall Dyson Lloyd Sisisky Marlenee Ritter Tauke Administration Committee on April Early Long Skelton Martin Roberts Taylor 23. Eckart Lowry Slattery Martin Rogers Thomas As you know, a full report based on Edgar Luken Smith McCain Roth VanderJagt Edwards Lundine Smith McCandless Roukema Vucanovich the actions of the task force, the views English MacKay Solarz McCollum Rowland Walker of the task force both on the majority Erdreich Manton Spratt McDade Rudd Weber and the minority side was prepared Evans Markey St Germain McEwen Saxton Whitehurst and that has been provided now to all Fascell Martinez Staggers McGrath Schaefer Whittaker Fazio Matsui Stallings McKeman Schneider Wolf Members. Feighan Mavroules Stark McKinney Schuette Wortley My colleagues, the arguments on Flippo Mazzoli Stokes McMillan Schulze Wylie this issue are well presented in the Florio Mccurdy Stratton Meyers Sensenbrenner Young Foglietta McHugh Studds Michel Shaw Young report and the backup material. The Foley Mica Swift Miller Shumway Zschau issue was fully debated yesterday on Ford Mikulski Synar Miller Shuster the House floor, based on the motion Ford Miller Tallon Fowler Mineta Tauzin NOT VOTING-6 to vacate the seat and call for a special Frank Mitchell Thomas Dingell Huckaby Seiberling election. Frost Moakley Torres Gunderson Rahall Weaver I would again ask the Members to Fuqua Mollohan Torricelli please look at the facts that are pre Garcia Montgomery Towns 0 1430 Gaydos Moody Traficant sented in that report. Gejdenson Morrison Traxler So the House agreed to consider There is a great deal of rhetoric and Gephardt Mrazek Udall House Resolution 146. a great deal of charge and counter Gibbons Murphy Valentine Glickman Murtha Vento The result of the vote was an charge that has been presented here, Gonzalez Natcher Visclosky nounced as above recorded. but what I ask the Members in imple Gordon Neal Volkmer menting a very serious responsibility Gray Nelson Walgren 0 1440 Gray Nichols Watkins under the Constitution is please look Guarini Nowak Waxman The SPEAKER pro tempore. The at the facts that are presented in the Hall Oakar Weiss Chair recognizes the gentleman from report. I think the conclusion from Hamilton Oberstar Wheat Califorina CMr. PANETTA] for 1 hour. that report is that the procedures Hatcher Obey Whitley Hawkins Olin Whitten Mr. PANETTA. Mr. Speaker, I yield were indeed fair, that they were devel Hayes Ortiz Williams 30 minutes to the gentleman from oped largely in cooperation with the Hefner Owens Wilson Minnesota CMr. FRENZEL] for purposes minority, that the rules were justified Heftel Panetta Wirth Hertel Pease Wise of debate only, and I yield myself 8 by House precedent and they were im Howard Penny Wolpe minutes. plemented in line with House prece Hoyer Pepper Wright Mr. Speaker, the privileged resolu dent all the way down the road, that Hubbard Perkins Wyden tion that is before you is for seating the GAO auditors and the director of Hughes Pickle Yates Hutto Price Yatron and it is made pursuant to the action elections conducted a fair and credible Jacobs Rangel Young of the House taken on House Resolu recount of all the votes that were pre Jenkins Ray tion 1. It is based on actions of the sented in the Eighth District, all of NAYS-185 task force as well as the recommenda the ballots that had been cast, and tion of the full House Administration that the legitimate winner of that Archer Combest Gekas Armey Conte Gilman Committee. election should now be seated. Badham Coughlin Gingrich House Resolution 1 was adopted by In summary, let me also personally Bartlett Courter Goodling the House by a vote of 238 to 177. It thank the individuals that were in Barton Craig Gradison Bateman Crane Green referred the question of who had the volved in this recount. This was diffi Bentley Dannemeyer Gregg right to the seat in the Eighth District cult responsibility for all who have Bereuter Daub Grotberg in Indiana to the Committee on House been involved. I want to thank in par Bilirakis Davis Hall, Ralph Billey DeLay Hall, Sam Administration. ticular the chairman of the full com Boehlert DeWine Hammerschmidt Pursuant to that vote, the commit mittee for his cooperation and support Boulter Dickinson Hansen tee organized and appointed the task during this entire effort. I want to Broomfield DioGuardi Hartnett force, made up of three Members. thank the ranking minority member, Brown Doman Hendon Broyhill Dreier Henry Between February 6 and April 18 the the gentleman from Minnesota CMr. Burton (IN) Duncan Hiler task force adopted a series of proce FRENZEL] for his support during the Callahan Eckert Hillis dures, rules and other memoranda to operations of the task force. Campbell Edwards Holt Carney Emerson Hopkins conduct a recount of the election in I also want to pay tribute to the Chandler Evans Horton the Eighth District. That recount was members of that task force, both the Chappie Fawell Hunter conducted by GAO auditors. The offi gentleman from California CMr. Cheney Fiedler Hyde cial tally of that recount was present THoKAsl and the gentleman from Mis Clinger F.ields Ireland Coats Fish Jeffords ed to the task force on Monday, April souri CMr. CLAY], who were always Cobey Franklin Johnson 22, by the director of elections. diligent in attending all the task force Coble Frenz.el Kasich The full House committee received hearings, both here and in Evansville, Coleman Gallo Kemp the official tally on Tuesday. April 23. IN, and although there were disagree- 10000 CONGRESSIONAL RECORD-HOUSE May 1, 1985 ments, they continued to work to see to note we are here today because of publican. Nine of the fifteen counties that the process was completed. the big lie. And that is that there was were controlled by Democrats. I also want to thank all the staff in- a question over who the people had Error corrected. volved on both sides who worked so chosen in Indiana's Eighth congres There were errors made election hard and diligently in trying to com- sional District election night. night, yes. The county clerk from plete this very difficult process. Now, Mr. Speaker, there is no ques- Gibson County, Mr. Lutz, double Let me say in conclusion that the tion about who won. Just as I do not counted a precinct. I asked him, "You House was given a very difficult and believe there is a plot or a conspiracy said you saw the sheet and there were uncomfortable responsibility. It is not going on, I think there has just been two 20th precincts out of the 37 pre pleasant to make judgments on issues an amazing series of unintended cincts shown on election night?" like this, but under the Constitution, errors, of inadvertent comments. "Mr. Lutz. That is when I knew we are to be the final judge of election From day one in this Congress the something-it wasn't perfect. I noticed returns and qualifications of our own Democrats' comments have referred to it." Members. That is a very serious re- recount night, not to election night. sponsibility that we have and one that Just yesterday on this floor the major- I said, "Why did you sign your name must be exercised carefully. it 1 ad in to a certificate when you knew the The task force and the House Ad- Y e er, speaking out about what count wasn't perfect?" ministration Committee in implement- happened, indicated that: Mr. Lutz said, "I done just like all ing that responsibility implemented it So the question is, did the House do the the other clerks. You take the summa right thing ·in having a recount? Someone fairly, impartially, and honestly. We said yesterday in debate that the only ry sheet-that is what the purpose was now present to you the results of the reason for the constitutional provision that for. We are in a hurry. We want to recount that were accomplished by the we be the Judge of our own elections is to find out what people are getting to task force and the auditors. guard against extraordinary circumstances, these votes. You understand what I No one-no one regrets more deeply and this gentleman concluded there had am saying? The total." than I that the final result of counting been no extraordinary circumstances in the I said, "Does Indiana law require you the votes in the Eighth District in In- Indiana case. to submit the very next day a total? diana were as close as they were, no The majority leader went on to say: Mr. Lutz said, "No, not the very next one regrets that more. It would have Well, I suggest that there was truly and day." been far easier had either candidate extraordinary circumstance when almost That is at page 297 of the transcript. won by 100 or more votes, but that is 5,000 American citmens were disenfran Mr. Lutz admitted that he transmitted not the way it turned out according to chised on technicalities and their votes were an imperfect total. Mr. Lutz is a Dem the recount. not counted. ocrat. Should the closeness of that vote, as Mr. Majority Leader, that was the When it was discovered that that close as it was, lead to the rejection of recount, not the election. The certifi total was incorrect the county judge all the results, be a justification for re- cate was based upon the election, not was asked to order the Democrat jecting those results, or more impor- the recount. county clerk to correct it. The judge tantly, be a basis to reject the voters Of the 22 task force rules, every one refused. The county judge was a Dem who cai;t their votes on election night of them counted ballots that were in ocrat. It was not until the State Su in the Eighth District? Are they not valid under Indiana law. When you preme Court of Indiana ordered, ex due some respect by virtue of going to compare the number of votes election hibit A in the minority report, the Su the polls, those that cast valid ballots, night with the number of votes in the preme Court of Indiana determined are they not to be respected for the committee report under the task force, that an error had occurred in the votes that they cast on election night? and subtract the tabulation errors, the counting of the votes. "The clerk of It seems to me that those votes difference is 91 votes. And every one Gibson County is ordered within 48 should be counted, that those votes to the 22 rules of the task force admit hours of receipt of this order to pro were cast and that as a result of that, ted ballots that were illegal under In ceed pursuant to statute to certify the Mr. Mccloskey won. We know very diana law. And the difference between proper results of the election in ques well that if Mr. Mcintyre won, he election night and the task force's re tion of the secretary of state of the would be seated. count after correction for tabulation State of Indiana." The supreme court I ask us to do the same for Mr. errors: 191 votes. McCloskey. Two · hundred thirty-three thousand had to order the Democrat judge in Mr. FRENZEL. Mr. Speaker, I yield votes were counted election night, Gibson County, and the Democrat such time as she may consume to the 233,000 votes were counted by the task county clerk to correct the error. gentlewoman from Nevada CMrs. force. Your error has been corrected. At the same time the State supreme VucANOVICH], a member of the com- From day one of this Congress there court was ordering Democrats to cor mittee. has been a systematic although unin- rect an error Mr. Mccloskey was in Mrs. VUCANOVICH. Mr. Speaker, I tended and inadvertent stream of com State court demanding that that court just simply say that I rise in opposi- ments to create the impression that rule that the only way to correct the tion to this resolution. Republicans played games in Indiana. error was to have a complete recount. Mr. FRENZEL. Mr. Speaker, I yield I thought for a few days that the sec While at the same time he was in Fed such time as he may consume to the retary of state's name in Indiana was eral court arguing that he should be distinguished gentleman from Califor- Mr. Republican, it was so important to certified as the proper winner in Indi nia CMr. THOMAS], the sole Republican underscore the fact that the secretary ana's Eighth Congressional District member of the 2-to-1 task force. of state was a Republican and that the based upon the erroneous total of elec Mr. THOMAS. Mr. Speaker, I ask Governor was a Republican. tion night. unanimous consent to revise and Just yesterday the gentleman from There were errors election night. extend my remarks and to read out of Missouri CMr. CLAY], said on the floor Were they corrected?· Yes. There was a printed material, waiving rule XXX. of this House, and I quote: full accounting of the votes election The SPEAKER pro tempore. Is · I assume, Mr. Speaker, that those black night! Was there a winner election there objection to the request of the voters, and that was 20 percent of the total night? Yes. Was the winner Mcintyre? gentleman from California? black vote in that District, that were disen- Yes. Did this House honor his valid There was no objection. franchised under the recount, the Republi certificate? No. can-controlled recount • • •. We are here today through a series D 1450 Vanderburgh County had a recount of amazing coincidences. A Democrat Mr. THOMAS of California. Mr. commission made up of three individ clerk forwards the wrong total and re Speaker, I think it is important for us uals, two of them Democrat, one Re- fuses to correct it. A Democrat county May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10001 judge refuses to order the Democrat Some may feel that the task force The 34 votes were enlarged to 418 clerk to correct his total. did not reach the proper conclusion. I votes; the secretary of state of Indiana Even though the Indiana State Su am not here to debate that point. I do certified the Republican candidate, preme Court orders the error correct feel that the task force, dealing with Mr. Mcintyre; as the winner; Mr. ed and a true total is forwarded to the one of the closest political races in our Mccloskey, the Democrat candidate, secretary of state, and then to the history, operated in an honorable did not allege fraud or other illegal ac House Clerk, the Democrat leadership manner. tivity surrounding the election. is apparently confused, does not un I commend the three members of Yet Mr. Mcintyre's 418 margin of derstand the difference between elec the task force-the gentleman from victory was not enough. Perhaps 500 tion night and the recount and it asks California CMr. PANETTA], the gentle votes will be insufficient 2 years from the House not to honor Mr. Mcin man from Missouri CMr. CLAY], and now. Perhaps 5,000 will be insufficient tyre's valid certificate. the gentleman from California CMr. 5 years from now. And this House, on a straight party THOMAS], as well as the recount direc Some have said, "Why all the fuss vote, 238 Democrats vote to send it to tor, Mr. Shumway. over one seat." One seat will not emas House Administration. A task force is While others of us were performing· culate the Republicans nor apprecia created with a 2-to-1 Democrat majori our political duties here in Washing bly strengthen the Democrats. The ty. Democrats on the task force vote 2- ton and our constituent duties in our one seat, however, Mr. Speaker, is not to-1 to quit counting when Mccloskey districts, these three gentlemen were the main point. The main point is the is ahead. forced to spend hundreds of hours of course that was charted and pursued House Administration, by a straight their own time working on the task in the name of fair play and equity. Democrat vote, sends this resolution force report. Fair play and equity, indeed; the to the floor. Members of Congress have so little words fair play and equity were severe And soon, with only Democrats free time, and I know the most ly tarnished by this Chamber. voting in favor of seating, Mr. Mcclos common complaint in this body is the A dark cloud hangs heavy over this key will become a Member of the limited amount of time we have to House. And if Mr. Rick Mcintyre is House of Representatives. spend with our families and loved denied his seat that cloud will not· dis- That is quite a streak of coinci ones. Yet these three gentlemen gave appear. , dences, even for you folks. up hundreds of hours of their time to In Biblical times some martyrs who The SPEAKER pro tempore. The complete a task that I am certain not suffered, had to endure pain inflicted gentleman from California CMr. a single Member of this House would by thorns and thistles. Some have pro-· THOMAS] has consumed 8 minutes. want. claimed that Rick Mcintyre is plagued Mr. PANETTA. Mr. Speaker, I yield The many staff people who assisted by thorns and thistles. 4 % minutes to the chairman of the the task force also are due our praise, Horns and whistles might be more House Administration Committee, the as are the representatives of the Gen appropriate. Horns and whistles that gentleman from Illinois CMr. ANNUN eral Accounting Office who assisted are indigenous to the atmosphere of a z10]. the task force. These people worked carnival because I fear those who were Mr. ANNUNZIO. Mr. Speaker, many hours that they could have the architects of this Indiana fiasco throughout the public debate over de spent with their families or in other more readily resemble carnival barkers ciding the winner in Indiana's Eighth more enjoyable springtime activities. rather than Biblical martyrs. Congressional District, I have not Mr. Speaker, I am proud of the job The ship of fairness is bound for the spoken. Certainly as a Democrat, I that the Committee on House Admin shoals and reefs to destruction. This would hope that Mr. Mccloskey would istration did on its assignment, and I disaster csn be avoided by not denying win the seat. But as chairman of the am particularly proud of the task Rick Mcintyre the seat he won. House Administration Committee, my force. I thank the Speaker. first and only goal was to make certain Before the final vote is taken on the Mr. PANETTA. Mr. Speaker, I yield that the House Administration Com Eighth District Congressional seat, I 6% minutes to the gentleman from In mittee, your committee, operated in as want to let the members of the task ' fair a manner as possible. force know that they have performed diana CMr. JACOBS]. During the hearings on the task a valuable service. Mr. JACOBS. Mr. Speaker, in a Bill force report, I made no statements. On It is easy for Members of both sides Mauldin cartoon in 1945, a little boy the floor yesterday I made no state to criticize specific actions of the task was giving a report in school and he ments. And my statement today is not force, but I do not know of a single said, "And so my conclusion is that a partisan one designed to advocate Member of this body who would have wars is impossible unless both sides is the seating of any candidate. wanted to trade places with a member right." In January, the House Administra of the task force. It is a lot harder to When you have a very close election ' tion Committee was assigned the task go out and do the work and be faced as we seldom have in the history of by this body of preparing a report with tough decisions hour after hour. our Republic you are right at the with recommendations on the outcome I cannot let this contested election epi ragged edge of democracy. A great of Indiana's Eighth Congressional Dis sode draw to a close without letting deal of discipline, a greet deal of self trict. It was not a job that I welcomed, the members of the task force know of restraint is required. but one that you assigned to my com my appreciation for their ·efforts. I would like to say a couple of words mittee. That night in reflecting on the In closing let me make this request. about the disputed ballots in the assignment, I decided that because of No matter what your feelings are Eighth District of Indiana. the closeness of the race and the su about the Eighth Congressional Dis As I see it, Mr. Speaker, they fall percharged emotions surrounding it, trict's seat, please join me in express into two categories. The first category the committee must operate on the ing appreciation of this body for the of disputed votes are those which were highest ethical plane. When I appoint hard work, long hours, and devotion to cast by citizens who in every respect ed the task force I gave them no spe duty put forth by Mr. PANETTA, Mr. met their obligatjons, did their duties cial partisan instructions but rather CLAY, and Mr. THOMAS. and cast their ballots, but . ballots gave the task force and its chairman, which were thrown out because of the gentleman from California CMr. 0 1500 errors made by election officials. PANETTA], a free rein. I made available Mr. FRENZEL. Mr. Speaker, I yield Under the Indiana ancient, and, I to the task force whatever funds and 2 minutes to the distinguished gentle think, somewhat crazy statute, such personnel were necessary to conduct man from North Carolina CMr. COBLE]. errors by election officials, even the recount. Mr. COBLE. I thank the Speaker. though they do not call into question 10002 CONGRESSIONAL RECORD-HOUSE May 1, 1985 the validity of the votes cast by the supporting the counting of those 10 ROBERT F. SMITH] be removed from citizens, under that ancient Indiana ballots. the list of cosponsors of H.R. 75, H.R. law the entire votes of a precinct can Next question: Once you have count 76, and H.R. 1345 and replaced as of be vitiated by a technical error upon ed those 10 illegal ballots, why not today with Mr. ROBERT c. SMITH of the part of the precinct official in that count the other 32 illegal ballots? I New Hampshire. Mr. ROBERT F. SMITH precinct. cannot tell you, during my days as a of Oregon was inadvertently added to Imagine what the literal translation police officer, how many times I heard that bill instead of the ROBERT c. of that law could lead to, if anybody that same argument when I was on SMITH of the State of New Hampshire. even knew about it. Hardly anybody in traffic. "There went three guys going The SPEAKER pro tempore. Is Indiana even knew it was still on the 40 miles an hour. Why are you stop there objection to the request of the books. And, by the way, the Indiana ping me?" gentleman from Illinois? House of Representatives Just voted 94 "I wasn't able to stop the others," or There was no objection. to 6 to repeal it and overruled it, whatever the reason, it is not Justifica having a similar power as that of the tion for further illegality. Mr. FRENZEL. Mr. Speaker, I yield Constitution in the U.S. House, in 1 lh minutes to the gentleman from In Judging an election contest this very D 1510 diana CMr. MYERS] and following that year. · Now, I hear it said that the task I yield 1 lh minutes to the distin force was happy enough to overrule guished gentleman from Indiana CMr. Imagine what the literal application HILLIS]. of that law could lead to. Let us take Indiana law in one instance but not in an overwhelmingly Republican pre another, and I point out to you that Mr. MYERS of Indiana. Mr. Speak cinct where most of the folks vote Re the task force only overruled Indiana er, it has Just been conceded by my publican. Here is a Democratic official law in one instance. It supported Indi colleague from Indiana that there was at that precinct who would Just as ana law in a variety of instances, in an error in counting 10 ballots in Indi soon not have that precinct counted in cluding the law requiring registration ana. Because of that, I think it is good the final tally. So he or she makes an of voters, the law requiring presence basis to say that the margin of error accidental technical error. Under the at the polling place on time, and so on. of only four votes is good reason that literal interpretation of that law all Now finally, Mr. Speaker, in all af this should not happen today. the votes of that precinct could be fection for my colleagues, my fellow The precedents for the counting of thrown out. citizens of the United States, I think those ballots has been used by the . It could be worked exactly the same history tells us that there is a faction House, the task force. In Roush versus among our Republican friends; I think Chambers in 1961, the House Adminis way the other way around. it could be described best by a faction As I understand it, that question is tration Committee went out and not paramount in this· debate today. I that hates the word conservative be counted the ballots. think most people do agree that that cause it sounds too liberal. There is one difference. When they A faction which, somehow or an came back with their count, there was statute is very bad and that the Indi other, seems to assert its rightness in ana Republican majority in the house never a criticism or question about evitably, and it may be right; maybe it how they counted the ballots in Indi of representatives there and the is right by far, but the remarkable Democratic majority in the House of ana. It was not questioned. You cer thing about that faction, Mr. Speaker, tainly cannot say that this time. Representatives here did the proper is that in the entire history·of the Re thing in exercising the plenary author public, it has never lost an election. It It is unfair, I think; it is a tragedy, ity awarded by the constitutions to has had a few stolen from it, but it has really, to the House of Representa those respective bodies. never lost an election-not to the tives. It is a sorry day today, but most The other category of contested Democrats, not even to other Republi importantly it is a sorry day for a votes, the ones being discussed here cans. friend of ours, Frank Mccloskey, today, are absentee ballots. That cate In 1952, that faction lost the Texas taking his seat today under this cloud. gory of controversy has to do with the primary to Dwight Eisenhower, but it Because unfortunately, Mr. McClos duty of the individual citizen. When said no, we didn't lose it; Ike stole the key, who is a friend of mine, I have you go to a precinct to cast your vote election, leading Edward R. Murrow to known him longer than any of the rest you are required, No. l, to be there on say to this reporter, "It would seem as of you I am sure, but he will be re time. If you get there 1 hour late or 5 traditional a part of the proceedings membered as one Member who was minutes late you are not permitted to as for a fight manager to yell 'We was not elected by his constituency but se cast the vote. You have not met your robbed.'" lected by the House, and that is too duty to be there on time. Now, I want you listen to these bad for a fine gentleman like Mr. No. 2, you are required to sign the words: In our campaigns, no matter Mccloskey. polling book in the presence of elec how hard fought they may be, no I am not going to vote today on this tion officials. matter how close the election may issue. It is a vote that should not be In the case of absentee ballots theo turn out to be, those who lose accept taking place in this House. I have not retically the same thing applies. You the verdict and support those who been a party to illegal acts in the past, must be there on time with your win. Who said that? Richard M. Nixon and I am not going to be today. ballot, not postmarked but it must be on January 6, 1961, standing at that Mr. HILLIS. Mr. Speaker, we've dis there on election day. That is your re podium, announcing that he had lost cussed at length the constitutional im sponsibility to get it there. the election to John F. Kennedy. plications inherent in this debate over No. 3, you must have signed the However, the faction in 1961 said the Eighth District of Indiana. We've equivalent of the polling book in the that Mr. Nixon did not lose the elec also spent considerable time talking presence of '111 official known as a tion to John F. Kennedy; they con about the mechanics of the recount, notary public. cluded that John F. Kennedy stole it. the ballots which should or should not In the cases of 32 disputed ballots Mr. FRENZEL. Mr. Speaker, I yield be counted, and the partisanship that was not done. They are intrinsi such time as he may consume to the which has overshadowed clear and cally, not malum prohibitum but gentleman from Illinois CMr. CRANE]. reasoned debate. malum, in se, they are intrinsically il RDIOVAL 01' NAJIE 01' llEllBER AS COSPONSOR I want to speak for a moment on legal ballots. But were not 10 of those or u.R. 75, u.R. 76, AND u.R. 1345 behalf of my home State ; and more illegal ballots counted? Yes, they were. Mr. CRANE. Mr. Speaker, I ask than a half million Hoosiers who have I tell my friend from California CMr. unanimous consent that the name of yet to be represented in the 99th Con PANETTA] I think he was mistaken in the gentleman from Oregon CMr. gress. May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10003 Mr. Speaker, they are, in a world, recount by 418 votes. Yet, on those oc- ana Eighth Congressional District. I disillusioned. They wonder what kind casions you said that it was too close; knew from the outset that the eventu of people's House this is that its Mem Indiana law is too confusing; and you al outcome would leave some disgrun bers can vote to deny them their right said most of all, count all the ballots. tied, some dissatisfied, some as con- to elect a Member of Congress who We have just heard today where 10 fused as ever. But respect, concern, ap can serve in this body without suspi ballots were counted and yet 32 more, preciation for this institution moved cion. similarly situated, ballots were not me to join with two other colleagues They wonder why the House insists counted; and Mr. Shumway himself in this endeavor to determine which they be represented by a man who said those ballots should have been candidate received the most votes in many in this Chamber believe lost the counted. the November general election. I wish election. They wonder how effective Then yesterday, one of the members to commend the other two members of any Representative can be with this of the task force on the majority side the task force, Mr. PANETTA and Mr. sword hanging over his head. said that our call for a special elec- THOMAS, for their diligent, sincere, I know I would have great reserva tion-the Republican call for a special professional pursuit of the facts in tions about taking my seat in this election-could be considered by some this time-consuming effort. In particu House under these conditions. I think as "racist." That is a quote from Mr. lar, I wish to compliment our chair many of you would too. CLAY "could be considered by some as man, Mr. PANETTA, for his impartial Mr. Speaker, the people of the racist." and fair handling of this very sensitive Eighth District want to make this That is sheer, sheer demagoguery. It matter. There were times when parti right. They want another chance to is untrue, it is dishonest. And you ask san, intemperate attacks questioning elect their Representative on the same how our side can get emotional on this his integrity would have made lesser terms by which all of us were elected. issue. men and women retaliate in kind. Mr. I think they deserve that opportunity I think history is going to judge this, PANETTA did not. just as their Representative deserves and I look forward to history's verdict Mr. Speaker, after more than 200 the right, as we have, to sit in this on this issue. hours of debate on the floor of this Chamber as the unchallenged choice The mere statement th~t we are - House, after 100 hours of deliberations of our constituents. racist shows that you are not really and travel by the special task force on I have always tried, in my 15 years being reasonable. History will judge elections, after 4 months of partisan here, to vote my conscience. Some that t?e task force recount was not wrangling, the moment of truth has times that has meant differing with proper, the outcome was not reasona- arrived. There is no further time for my party's position on some tough ble, and that the majority action was a posturing, procrastinating or politick issues. But I have done that and I will subterfuge and a deliberate denial of ing. In a matter of minutes a vote will do it again if I think it's right. democracy· be taken to seat the winner of the I turn to my friends on the other POINT OF PERSONAL PRIVILEGE election in the Eighth District of Indi- side of the aisle and say to them: Here Mr. CLAY. Mr. Speaker, I rise to a ana. Mr. MCCLOSKEY won that election is a clear vote of conscience. Here is a point of personal privilege. in a fair but close contest by the slim chance to do what all great Democrats The gentleman accused me of accus- margin of four votes. When all of the have advocated throughout our histo ing him of being a racist. more than 233,000 legitimate votes ry. Let the people decide. The SPEAKER pro tempore. The were counted, .as slim as the margin It is not too late. Our actions of yes gentleman cannot- was, he emerged the victor. terday can be reversed by defeating Mr. CLAY. The gentleman called my Some truly believed that a special the motion on the floor today. But it name and accused me of calling him a election should have been declared be is our last chance to do what is right. racist. cause of the closensess of the outcome. Please, let us not fail. The SPEAKER pro tempore. The Some are not inclined to accept any. Mr. FRENZEL. Mr. Speaker, I yield gentleman cannot- i th th f rin th ir 2 minutes to the distinguished gentle Mr. CLAY. The gentleman cannot · ~~~~afe. e~o: :!h a~~e gent~e man from Texas CMr. BOULTER]. rise to a point ?f personal privilege matter had never developed and look Mr. BOULTER. Mr. Speaker, I want while the House IS considering a ques- forward to an expeditious resolution to express my appreciation to the gen tion of privilege of the House. of the problem tleman from Minnesota CMr. FRENZEL] Mr. PANE'ITA. Mr. Speaker, I yield · for the inspiration you have been to us 3 minutes to the gentleman from Indi- To those who still have doubts about who believe in this cause so much. ana CMr. SHARP]. the wisdom of seating a person who There have been a lot of words ex Mr. CLAY. Mr. Speaker, will the only won by four votes, I say that hap- changed in the House the past few gentleman yield? pens to be the nature of the Demo- months. Many Members on the Demo Mr. SHARP. 1 yield to the gentle- cratic process. Our majority leader, crat side of the aisle have spent time man from Missouri. JIM WRIGHT on yesterday, in a bril- lamenting and regretting what they Mr. CLAY. Mr. Speaker, a colleague liant presentation pointed to several call our strident partisanship on this from the other side of the aisle misrep- Earth shaking incidents in history side of the aisle. resented my remarks of yesterday that have been decided by one vote. Just to those Members who have when he accused me of calling Repub- I would like to expand on his dis spoken in that way, let me say that on lican members "racist." I did not make course to show that even a one-vote our side of the aisle, we view your that statement and the CONGRESSIONAL margin is justification for seating a words as purposefully confusing and RECORD of April 30, 1985, will confirm Member of this House. The eagle is intent on avoiding the facts. my position. our national bird, instead of the Yesterday, the chairman of the task Apparently the gentleman is very turkey, because of a one-vote margin force, the gentleman from California sensitive to such criticism. I am told in the Continental Congress. I'm sure CMr. PANETTA], said that the test that most racists are unable to admit that some turkeys then also argued which should be applied to the work their racism and sometimes even imag- that a new vote should be taken. But of the task force is one of reasonable ine being attacked for their views. turkeys, no matter how persuasive ness. I agree, but is the result reasona I know not what category, if either, their oratory, have never been able to ble? Why, of course, it is not. my accuser falls into, but I suggest his persuade logical thinking eagles or Why do I say that? Because when all conscience should be his guide. reasonable, intelligent people that a of the ballots that were cast on elec Mr. Speaker, I suffered the thank- one-vote margin is not credible. If they tion night are counted, Mcintyre won less ordeal of serving on the election had, we would be eating eagles on by 34 votes. He won a State-supervised task force to decide the winner in Indi- Thanksgiving and those of us who 10004 CONGRESSIONAL RECORD-HOUSE May 1, 1985 spent so much time and effort in con~ that county under seal. Yet, believing Additionally, the recount disenfran ducting an honest, fair recount might tabulation errors to have occurred ef chised 4,800 voters on the basis of be eating crow today. fecting the outcome of the election, errors made by election officials, not Mt. Speaker, a President of the the secretary of state refused to certi the voter; and, as indicated earlier, the United States, Andrew Johnson, in fy Frank Mccloskey based on official likelihood of being disenfranchised 1868 was faced with impeachment by election night returns which showed was as much a matter of geography an emotionally charged Congress Mr. Mccloskey to have been the and race as anything else. Finally, the similar to the present situation. But a winner by 72 votes. Then, after only a Indiana recount clearly had a dispro one-vote margin in the Senate found partial recount of the district had portionate impact on black voters, 20 him not guilty of the charges. Certain been done, without waiting for the percent of whom were disenfranchised ly if this Congress can retain a Presi correction of other tabulation errors, as a result of the recount. dent by the slim margin of one vote, the secretary of state certified the For any one of these reasons it this House can seat Mr. Mccloskey by candidate of his party as the winner at would have been appropriate for this the landslide margin of four. the earliest moment that candidate body to investigate that recount. Mr. Speaker, even more related to appeared to have a lead. At later Given. all of these reasons, this body the point, a President of the United points in the recount, when Mr. would have seriously failed in its duty States was seated by one vote. In the Mccloskey was again ahead, the secre had it not discounted the results of Hayes-Tilden election, Mr. Samuel tary of state was either absent and his that recount. Tilden-a Democrat-received the ma deputy sick or was enjoined by a Re Fourth, "the majority refused· to re jority of the popular votes, a majority publican judge and therefore unable quire Mccloskey to adhere to the pro of the electoral votes on election night to certify Mr. Mccloskey. By January cedures of the Federal Contested Elec and was announced the winner by 3, it was evident that the secretary of tions Act." every newspaper in the country. But state was inclined to certify only one disputes arose in several of the States candidate regardless of the facts. In point of fact, the procedures of challenging the electors. A law was On January 3, the recount of five the House do not necessarily adhere a passed establishing a 15-member com counties-Monroe, Orange, Posey, candidate to the procedures of the mission to decide the validity of the Vanderburgh, and Warrick-had not Federal Contested Elections Act. The challenges. Five Members of the been completed. These five counties Federal Contested Elections Act is but Senate; three· Republicans and two include more than half of the voters one way to bring an election contest Democrats were chosen; Five Members who participated in the election. Fur before the House. If the minority feels of the House, three 'Democrats and ther, if one cumulatively figures the it should be the only way, then legisla two Republicans; five from the Su margin between Mr. Mccloskey and tion to accomplish that end should be preme Court, three Republicans and Mr. Mcintyre and subtracts those pursued. While the method utilized in two Democrats. In a straight party counties where the recount was not this instance is unusual, it is neither line vote, eight Republicans to seven completed as of January 3, Mr. unprecedented nor illegal. Given what Democrats, all Republican challenges Mccloskey had a 2-vote margin on Mr. has transpired in Indiana, it is also were upheld. The final count of elec Mcintyre. Finally, in an election in warranted. Finally, in case there may toral votes was 185 for the Republican, volving over a quarter million voters, be a misunderstanding, it was not Mr. Mr. Hayes, and 184 for the Democrat, where the election night margin ha.S Mccloskey who brought this case to Mr. Tilden. If a President of the been reported variously at 72, 39, or 34 us in this manner. Only a member of United States can be seated by the votes, and the recount has yet to be this body may bring a case in such a margin of. one vote, it's ludicrous to completed, the better course of manner and Mr. Mccloskey is not yet argue that four votes disqualifies Mr. wisdom would seem to be to await a a member. Mccloskey from sitting in this Cham definitive recount of the district. Fifth, "the majority refused to hold ber. Second, "as a result, Mcintyre is the hearings for State officials and the Mr. Speaker, I recommend that Mr. only person with an unchallenged cer candidates before supplanting the Mccloskey be seated so that we can tificate of election not seated in the State's laws with custom-made rules of get on with the business of the Nation. last 50 years." its own-a shocking preliminary indi On the second and third pages of This statement is simply factually cation that the conclusion was prede the minority views of the report filed inaccurate. I would refer my col termined." by House Administration concerning leagues on the other side of the aisle If the House is indeed bound by McCloskey-Mclntyre election, the Re to the hearing transcripts of the task State law, it is bound by those laws in publicans have listed in abbreviated force and to Roush or Chambers CH. their entirety. Not even the minority fashion the sins they feel have been Rept. No. 513, 87th Cong., 1961>. As member of the task force supported perpetrated upon them and their can Mr. Roush testified before the task that proposition. Had we sought to im didate by the majority. I would like to force, the only candidate to receive a plement State law we would have dis take a moment to respond to those certificate of election in that contest enfranchised thousands of voters. charges. was Mr. Chambers. Despite this fact, A conclusion was predetermined. The first· charge is in fact, two asser Mr. Chambers was not sworn in on Going in we were determined to tions. In the interest of understanding opening day, nor, as events work out, adhere to the principles of democracy I will deal with each assertion sepa- was he ever sworn in. Finally, to make and determine the will of the citizens rately. . sure the record is correct, there were of that district as indicated by their First, "the majority refused on Janu no allegations of fraud in that election votes. Unfortunately, adherence to ary 3, 1985, to seat the duly certified prior to the House's decision to inves democratic principles required the winner of the election, Richard D. tigate. supplanting of State law and frankly, Mcintyre, charging inconsistencies in Third, "the majority refused on Feb little would have been served by the election." .. ruary 7, 1985, to seat the winner of the having State officials come before us On behalf of myself I plead guilty, State of Indiana's recount, Mcintyre, to explain why voters should be disen but offer the following by way of miti charging inconsistencies in the re franchised. Further, as the minority gating circumstances: Under Indiana count." made plain at the time, the task force law, the secretary of state is not per The recount conducted by the State was under instructions to proceed as mitted to reject the return of any of Indiana treated the ballots of some quickly as due diligence would allow. county which has come into his hands voters differently than identical bal Finally, our rules were indeed and which has been duly authenticat lots cast by other voters. Yes, I would custom made. That is, the proposition ed by the clerk of the circuit court of certainly call that an inconsistency. that errors or mistakes on the part of May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10005 election officials should not be allowed because some of these ballots had even number of members, evenly divid to disenfranchise voters is fully sup been counted on election night and ed between the parties, it is very con ported by the precedents of the House were no longer distinguishable from ceivable that on those issues on which as established by both Republican and valid ballots, the task force felt com the task force divided it would have Democratic majorities. pelled to count some ballots it would split evenly. In that circumstances we Sixth, "the majority voted to vitiate otherwise have rejected. It should be may still be waiting even to begin the Indiana election laws after Mccloskey noted that it was Mr. Mcintyre, not recount. If we are to ensure that the lost twice and replaced such laws with Mr. Mccloskey, who benefited from task force is to be able to make those rules of its own which have no basis in this exception. Despite the 11th hour difficult decisions necessary to fulfill Indiana law." insistence of the minority, the task its obligations, it is necessary that the Since the Eighth District was never sought to minimize those instances, task force have an odd number of recounted in accordance with Indiana not to compound the error. members. Because the citizens of the law, it is impossible to say whether Even granting the minority's view county have elected a majority of Mccloskey would have lost under that that, because invalid ballots have been Democrats to this body, the task force law. For instance, because polling ma treated with a degree of security, they also has a majority of Democrats. To chines in Spencer County were never may now be considered countable, pre attempt to make an issue of this dem properly sealed, Indiana law would re sumably no one has ever examined onstrates either incredible naivity or, quire that virtually all the votes cast those ballots. Unless the minority hap in the worst light, demagoguery. · in that county be disallowed. In such a pens to know otherwise, there may circumstance, it is entirely likely that still be other faults with the ballots. CERTIFICATION ISSUE Mccloskey would have won the elec The record needs to be corrected on The election returns as originally tion. another point as well. As the minority certified by the county clerks of each And more importantly, where strict member of the task force has himself of the 15 counties which constitute adherence to the law would require made clear in the CONGRESSIONAL the Eighth District were as follows: that so many voters be disenfran RECORD, it was never the intent of the 116,841 for Frank Mccloskey and chised that it is no longer possible to task force to "count all the votes." It 116,769 for Rick Mcintyre. Of 233,610 determine what the will of the voters was not the task force who disenfran votes cast, Mr. Mccloskey was shown is, this House has both a moral and a chised those 32 voters. Where the abil to have won by 72 votes. Under Indi constitutional duty to "vitiate" that ity to ensure the validity of the ballot ana law, the secretary of state is not law. lies with the voter, the voter must be permitted to reject the return from Seventh, "the majority insisted on a held accountable for his actions. It is any county which has come into his House recount after Mccloskey lost the voter, not anyone else, who is re hands and which has been duly au the State election, his Federal court sponsible for the fact that those bal thenticated by the Clerk of the Circuit suit demanding certification and the lots have not been notarized as re Court of that county under seal. Nev State recount." quired by law. In this case, it is the ertheless, believing tabulations errors I do not dispute that Mr. Mccloskey voter who has disenfranchised him to have occurred which would affect lost his Federal court suit demanding self. the outcome of the race, Indiana's sec certification. As the judge in that case Mr. Speaker, the House of Repre retary of state declined to certify Mr. noted, this body is fully able to correct sentatives is being asked to seat Frank Mccloskey as the winner of the con an erroneous certification. Nor do I Mccloskey as the Representative of gressional election in the Eighth Dis dispute that Mr. Mccloskey lost the the Eighth Congressional District of trict. Indiana recount, by a margin of one Indiana. Because of the partisan Mr. Mcintyre, as permitted by Indi tenth of the number of voters who nature of the dispute, there are a ana law and as I would have done, were disenfranchised in that recount. I number of questions which each filed to have a recount conducted in am even willing to stipulate that, Member of this body must be able to various areas of the district of his based upon a partial recount of the answer with assurance if they are to choosing. Mr. Mccloskey consequently district, Mr. Mccloskey did not win. vote to seat Mr. Mccloskey. As a cross-petitioned to have recounts con However, as the only fair and uniform member of the task force which con ducted. After the completion of the re recount of that election has proved, it ducted the recount in Indiana, I have, count in only 1 of the 15 counties the was Mr. Mccloskey, not Mr. Mcintyre of necessity, become intimately famil secretary of state certified Mr. Mcin who won the election. iar with the issues involved. In my tyre to be the winner by 34 votes. Eighth, "the majority suspended its view, Mr. McCloskey should be seated There should be no question in any insistence that the House "count all as a Member of this body. I will review one's mind that a recount of the re the votes" in the name of enfranchis for the Members the history of this sults of this election was both appro ing the voters as soon as Mccloskey dispute and my reasons for concluding priate and desirable. Where election had a lead of four votes. The major that it was Mr. Mccloskey who was night returns show that, in an election ity's change in position disenfran chosen by the greatest number of citi in which more than 233,600 voters par chised 32 voters whose unnotarized ab zens of the Eighth District of Indiana ticipated, the difference between the sentee ballots were identical to those to be their Representative. two candidates with the largest rium the task force counted a week earlier." :MAKEUP OF THE TASK FORCE bers of votes is only 72, it is entirely I appreciate the minority acknowl Much has been made of the fact proper that a recount be conducted. edging it was not until it became ap that the task force consists of two Further, prudent observers may wish parent that Mr. Mcintyre would lose Democrats and only one Republican. for the recount to be concluded before that anyone ever suggested that those While an evenly divided task force saying definitively who won the elec unnotarized absentee ballots retained may sound nice as an ideal, it is obvi tion. properly by the county clerks should ously unworkable as a practical If this is true, what then are we to be counted. To correct the record, matter. We are elected to Congress to make of the actions of the secretary of though at no point did the majority make judgments ·on the issues before state? Without provision in law, he re anticipate or expect to count invalid the country. In the case of the task fused to certify the winner based upon ballots that were retained by the force, we were told to investigate the election night results becaus'e of his county clerk. Unnotarized absentee election in the Eighth Congressional concern for tabulation errors. Then, ballots are invalid under Indiana law, District of Indiana, determine if and after only one county had been re they are invalid under House prece how to.conduct a recount of that elec counted, without waiting .for the cor-· dent, and they are invalid under the tion, and ensure that that recount was rections of other tabulation errors in rules of the task force. Nevertheless, conducted, If the task force had an other-counties, he certifies one candi- 10006 CONGRESSIONAL RECORD-HOUSE May 1, 1985 date, who coincidentally is a member consequence in the Eighth District of the back of which were to be written of his political party, as the winner, Indiana. by the poll clerks the precinct number this time by the even closer margin of The recount conducted by the State or designation and the initials of each 34 votes. Given these facts, and given of Indiana treated the ballots of some poll clerk. In addition, the poll clerks the fact that at the time the outcome voters differently in identical ballots were to inform the voter to look for of the election in the Eighth District of other voters within the district. The the initials and warn the voter that was, indeed, in doubt, the actions of result was the disenfranchisement of the ballot would not be counted if this body of the opening day of the 4,800 voters.· Errors and negligence on both sets of initials were not present. 99th Congress were entirely appropri the part of election officials were the One member of the task force argued ate. major causes of voter disenfranchise that it was essential to ballot security INDIANA RECOUNT ment. This process disproportionately that at least one set of initials or the Now, let us examine the recount con impacted the minority population of precinct number appear on the ballot. ducted by the State of Indiana. In In the Eighth District of Indiana. For First, since the same individuals are diana there is no provision for con any one of these reasons, it would responsible for ensuring that both the ducting a single recount according to have been appropriate for the body to initials and the precinct number are look into that recount. Given all of on the ballot and are also responsible uniform rules on a district-wide basis. these reasons, this body would have Rather, in each county a recount com for asking the voter to check for them, seriously failed in its duty had it not it is likely that all three requirements mission determines its own responsibil discounted the results of that recount ities pursuant to instructions from the would not be met in the event poll and determined to conduct its own re clerks were ignorant of or negligent in judge of the circuit court in that count. Finally, there should be no county. Each judge is elected in a par their duties. Those requirements do question as to the authority of this not act as a check on each other. tisan political campaign. As we have body to conduct a recount. That au witnessed, the consequence in this thority is found in the Constitution, Second, a ballot with only one set of case was that 15 different bodies devel itself, in article I, section 5. initials and without those of the poll oped 15 different sets of criteria for clerk of the opposite party would on HOUSE NOT BOUND BY INDIANA LAW its face seem no more secure than a determining the validity of ballots. In Having reviewed why it was necess one county, Posey, the recount com ballot without any initials. Third, poll sary for us to conduct a recount, I will clerk initials are but one method of mission was instructed by the judge to review the manner in which our re only recount the votes. As a result, ensuring ballot security. In Indiana, count was conducted. Let me say at ballots are cast in the presence of two that commission did not examine bal the outset that no member of the task lots to see if they met the require poll clerks representing the two major force ever suggested that the recount parties, an election inspector, an elec ments of Indiana law, but limited be conducted strictly according to In itself to the correction of election tion judge, and observers from the po diana law. State law either controls or litical parties. To stuff the ballot box night tabulation errors. it does not. If the House felt itself In another county, Vanderburgh, requires not only the possession of the bound by those laws, we are bound by ballots and the secrecy envelopes but the recount commission was instructed them in their entirety. If the House to recount the votes pursuant to Indi has the authority to pick and choose the complicity of all the aforemen ana law. That commission determined among those aspects of the law it ap tioned individuals. Such a conspiracy for itself what the requirements of In proves of, there is no "States right" would be very difficult to conceal com diana law were, based upon interpreta issue because clearly the House has pletely and, despite the extreme, parti tions of that law by the Indiana Su chosen not to be bound by that law. san emotions this election has raised, preme Court. In Vanderburgh County Assuming Indiana law to be sacro there have been no allegations of over 3,000 ballots were disallowed be sanct, we would have been bound by fraud. Finally, investigation revealed cause of errors and omissions commit the language of those statutes as in that in many cases poll clerks did not ted not by the voter, but by election terpreted by the Supreme Court of In receive instructions before the election officials of the State of Indiana. Three diana. One of the county recount com and either through ignorance or negli thousand votes were disallowed in missions felt itself so bound and as a gence ignored the initialing require Vanderburgh County, but had those result disenfranchised 3,000 voters. ment. voters lived in Posey County, their Had we applied similar standards, Based upon these facts, the task votes would have been counted. thousands of additional voters would force by a 2-to-1 margin voted to count Indiana law allows the candidate re also have been disenfranchised. Such a otherwise valid nonabsentee punch questing the recount to choose those consequence was unacceptable to the card and paper ballots lacking poll precincts he wishes recounted without members of the task force and would clerk initials. The task force also voted substantiating the need for the re have been unacceptable to this body. to count otherwise valid ballots lack count. In the Eighth District, black Finally, the constitutional authority ing precinct numbers. The reasoning voters are heavily concentrated in of this House to judge for itself the behind this decision was that in the Vanderburgh County. Not surprising elections of its Members clearly takes absence of allegations of fraud or ir ly, Mr. Mcintyre requested recounts. in precedence over State law. regularity the enfranchisement of the voter would not be forefeited due to those precincts in which minority BALLOTS LACKING INITIALS AND PRECINCT voters were concentrated. As a result, NUJIBERS the f allure of an election official to 20 percent of the black voters of the Being forced to rely upon the prece fulfill his responsibilities under Indi entire district were disenfranchised in dents of the House and those aspects ana law. This decision conforms with the recount. Further, despite the fact of Indiana law which commended the precedents of the House as estab that both candidates had requested re themselves to us, there was still re lished by both Republican and Demo counts in parts of Vanderburgh, other markable unanimity in determining cratic majorities and, in my view, gives parts of that county, where neither the rules by which votes would be de proper weight to the right of the voter candidate requested a recount, were termined to be valid. In developing the to have his vote counted. never recounted by the State of Indi counting rules there was only one TASK PORCE NEVER DECIDED TO COUNT ALL ana. Though probably unintended, In issue of disagreement, whether to VOTES diana law governing recounts may count those nonabsentee paper and The task force did not conclude that result in subjecting blacks to stricter punchcard ballots that lacked poll it would count all the ballots. In fact, voting standards than other voters clerks' initials and precinct numbers. the task force voted not to count bal and disproportionately impacting When the voter entered the polling lots which were mutilated, on which them as a result. Clearly, this was the area he was to be presented a ballot on there was an overvote in the congres- May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10007 sional race, or on which the voter had been counted on election night. Since tee ballots. My view was that we placed a distinguishing mark. Finally, it is impossible to distinguish those should not count those ballots. Where all of the task force's counting rules ballots from other ballots and there~ as an improperly witnessed ballot is providing exceptions to Indiana law fore impossible to know which candi due to failure on the part of election are conditioned by the phrase "an oth date· received those votes no adjust officials, it is the responsiblllty of the erwise valid ballot." My own position ment was made to the vote totals. voter to ensure that regular absentee regarding this issue has been very In addition, two confined absentee ballots are notarized. In my view it is clear. I feel strongly and have stated ballot envelopes containing ballots entirely appropriate to apply a stricter that where the intention of the voter were found in two precincts. has placed the ballot in question than that intention is not in question, the It was determined that these enve where the action of a second party has failure of election officials to fulfill lopes would be opened and the ballots jeopardized the ballot. Where the abil their obligations should not be allowed counted. There are two underlying ity to ensure the ballot would be valid to disenfranchise a voter who has met reasons for this decision. First, the lies wholly with the voter, the voter all of his obligations. If the intent of ballots had been sent to the precincts should be held accountable for his ac the voter is not clear, if there is good and therefore, with the exception of tions. Those illegal ballots counted on reason to suspect fraud, or if the voter not having been counted, had been election night should never have been has failed to fulfill his obligations treated in a fashion identical to other counted in the first instance. I did not under law, then we are obligated to valid ballots. Second, each ballot was feel we should compound that error by apply a stricter standard to that ballot defective because the envelope con counting additional ballots of this than would otherwise have been the tained only one set of initials instead kind. In addition, our counting rules case. of two. Pursuant to the view that fail only provided for counting otherwise ACTUAL COUNTING OF VOTES ABOVE REPROACH ures of election officials should not valid ballots. The recount itself was conducted by disenfranchise voters where the intent On this issue I was overruled. It was GAO auditors under the supervision of the voter is clear and not ques evident that other unnotarlzed absen of James H. Shumway, the Arizona tioned, I felt these ballots should be tee ballots sent to the precincts had State elections officer. Mr. Shumway counted. However, since our counting been counted. While the unnotarized, was recommended by the Republicans rules provided only for counting "oth unopened absentee ballots had not and concurred in by the Democrats. erwise valid ballots" there was a ra been counted, they had in every other The entire recount was conducted in tionale for not counting those ballots. way been treated in an identical fash the presence of staff from both sides Both ballots were counted for Rick ion to other valid ballots. It was decid of the aisles, representatives from Mcintyre. ed by a majority of the task force that each candidate, the press, and the Besides the confined absentee enve the 10 uncounted, unnotarized absen public. I do not believe it is possible to lopes that were found to have been in tee ballots that had been found at the conduct a more open recount. I have correctly sent to the precincts, opened precincts would be counted. As a result heard nothing but praise for the GAO unnotarized regular absentee ballot of counting those ballots Rick Mcin auditors and for Mr. Shumway. It is envelopes were also found at the pre tyre received six votes, Frank Mcclos very definitely my view that the job cincts. Under Indiana law, after indi key received three votes and one was a they did was truly exceptional and cating his preferences on a regular ab "no" vote. beyond reproach. sentee ballot the voter is required to It was then proposed that we count UNNOTARIZED ABSENTD BALLOTS obtain notarization of the ballot enve unnotarized absentee ballots that had In Indiana there are three classes of lope to help insure that the person been retained by the county clerks. absentee ballots. There are military who applied to vote absentee is also Having been against counting the un absentees, absentee ballots delivered the person who voted. When the counted, unnotarlzed absentee ballots to confined voters by election officials, ballot is returned to the county clerk found at the precincts, I opposed and what I will call regular absentee the ballot envelope is checked for no counting those unnotarized absentee ballots issued to nonmilitary, uncon tarization. If the envelope has been ballots retained by the county clerks. firmed, registered voters who will be notarized it is sent to the precinct These ballots had never been counted unable to be present at the polls on where the voter is registered on elec before, either on election night or election day. tion day and it is counted with all during the recount. No one had previ Under Indiana law those absentee other valid ballots. If the ballot enve ously contended that these ballots ballots delivered by election officials lope has not been notarized the ballot should be counted. While I do not feel to those who are confined are wit is to be retained by the county clerk, that mistakes made by an election of nessed by two election officials after never forwarded to the precincts, and ficial should disenfranchise the voter, they are voted. In the event the ballot never counted. The presence of the mistakes made by the voter are an has been improperly witnessed, that is opened unnotarized ballot envelopes other matter. It was unfortunate that the initials of two election officials are indicated that regular absentee bal any unnotarized absentee ballots had not on the ballot envelope, then the lots, which should not have been been counted. To count more of them ballot is deemed invalid and not count counted, had been counted on election merely compounded the problem. Fi ed. When the ballot is returned to the night. However, since it was impossible nally, and most importantly, never county clerk the ballot envelope is to distinguish those ballots from legiti having been sent to the precincts, checked to ensure it is properly wit mate ballots and therefore impossible these ballots had not been treated in a nessed. If so the ballot is forwarded to to know who those ballots were count fashion similar to other valid ballots. the precinct on election day, removed ed for, no adjustment was made to the They most certainly were not subject from the ballot envelope, and counted vote totals. ed to the same ballot security. On that with all the other valid ballots. If the Besides finding opened unnotarized basis, it was decided by a 2-to-1 margin ballot has been improperly witnessed absentee envelopes at the precincts, that unnotarlzed absentee ballots re it is retained by the county clerk, not nine unopened, unnotarlzed absentee tained by the county clerks would not sent to the precinct, and is never ballot envelopes and one opened but be counted. counted. uncounted, unnotarized ballot enve During the course of the recount lope were found. It was argued by one MILITARY BALLOTS several improperly initialed, confined member of the task force that, since At the last task force hearing held in absentee ballot envelopes were found we had counted improperly witnessed Indiana it was proposed that those ab at the precinct level, indicating that confined absentee ballots, we should sentee military ballots that had been invalid, confined absentee ballots had also count unnotarized regular absen- received after election day should be 10008 CONGRESSIONAL RECORD-HOUSE May 1, 1985 counted. The subject had not been there are many possible explanations and bald-faced accusations that the raised before. By a 2-to-1-margin the for such discrepancies, by far the most election was being stolen. I believe task force voted not to count those likely is human error. In two precincts that if the College of Cardinals had ballots. While the debate for counting there was a discrepancy of four votes. conducted the recount and found for these ballots was not very extensive, Again, I think the error is very prob someone not to their liking, they the argument for counting them ably the result of less than divine dili would accuse God of stealing the elec rested on the premise that through no gence on the part of the poll clerks. tion. Partisan politics taken to such fault of their own, military personnei However, I would note that Mr. Mcin extremes serves neither Mr. Mcintyre stationed overseas could have their tyre carried both precincts by margins nor Mr. McCloskey, the Republican ballots unduly delayed in the mails of 55 and 56 percent. In one precinct Party nor the Democratic Party, this and thereby be disenfranchised. If this there was a discrepancy of five votes. body nor the country. If there is to be is true it is even more true of other Mr. Mcintyre won 59 percent of the dispute, let it be based on the facts. Americans abroad as they must rely votes in that precinct. In another pre A close election night result is a upon foreign mail systems as their cinct the discrepancy is six votes. Mr. good reason to conduct a recount. A point of entry into our mail system. Mcintyre also won that precinct by 59 close result in a recount is not justifi No one, however, has suggested that percent. In two other precincts, both cation for a new election. Our recount an exception be made for these bal in Spencer County, there were discrep rules were reasonable and were ap lots. All absentee voters are informed ancies of 12 and 15 votes. In these pre plied uniformily. Mr. Mccloskey won that ballots that have not been re cincts it may be possible that the this election by four votes. In my opin ceived in time to transfer the ballot to voting machines malfunctioned. If ion, Mr·. Mccloskey deserves to be the precinct on election day will not be that is the case, it is impossible to seated. counted. When one registers to vote know who those votes were counted Mr. SHARP. Mr. Speaker, the prob absentee one assumes the obligation of for. It is known that Mr. Mcintyre car lem arises of course, because we have ensuring that one's ballot is mailed ried both of those precincts by mar one of the closest elections in the his early enough to ensure it arrives in gins of 60 and 56 percent, respectively. time to be counted. Elections must One can imagine the cries of injustice tory of this country, but it is also no have a conclusion. It would be unrea if we had sought to proportionately coincidence that the last major elec sonable for an elected official to have reduce the vote in those precincts. tion dispute in this country arose in to give up an office because 4 months Seventy percent of the overvotes oc Indiana in 1960. later three more military ballots final curred in precincts carried by Mr. The reason for that is because, un ly come in which change the outcome Mcintyre. fortunately, in my State, we have a of the election. For these reasons I We did not disallow votes based on very arcane and archaic election law, voted to not count absentee military discrepancies between votes cast and as virtually everyone who has ob ballots received after election day. voters registered as having voted. This served this election independently, RECONCILIATION is an imperfect world and in every and without a partisan eye, has come As a part of their duty of counting election of this size these kinds of to the conclusion. the votes the GAO auditors were errors will occur. By far the most Editorial writers in my own district asked to track and compare the probable explanation for these dis and throughout the State in the past number of voters who signed the poll crepancies is carelessness on the part have called for election reform and books with the number of votes regis of poll workers. Some voters apparent they are calling for it with renewed in tered in the precinct. Where these ly were given ballots without signing tensity. the poll book. I do not believe that numbers did not agree, Mr. Shumway, 0 1520 the recount supervisor, was asked to such discrepancies discredit the vote try to ascertain why this was the case. totals. However, had we sought to Indeed, a Republican newspaper in In a perfect world the number of adjust the vote totals on the basis of my own district not only on April 26 voters registered as having voted these discrepancies Mr. Mccloskey called for the seating of Frank would correspond exactly with the would have a larger margin of victory Mccloskey, the Democrat, it also number of votes counted. In some pre than we, in fact, reported. called on April 30, using the words cincts in the Eighth District this actu SEAT MCCLOSKEY Congressman TOM FOLEY here, for ally occurred. However, this is not a Mr. Speaker, your task force has dramatic election reform in the State perfect world. In some precincts the conducted its recount in the open and of Indiana. number of voters registered as having on the record. Based upon that record, Mr. Speaker, the House sent to Indi voted was greater than the number of I do not believe that it can be said that ana a task force which operated in the votes that were registered. This can be the rules we adopted sought to provide open, through great difficulty to all explained by the fact that not every undue advantage to either candidate. three members of the task force. They voter voted in every race. In rare cases For myself, while I do not pretend to went to Indiana to make sure ballots a voter may have signed the poll be disappointed by the results of the were opened, counted, discussed in books, received a ballot, and then, de recount, my decisions on the issues front of the public and the news media ciding not to ·vote, walked off with the which arose during the course of the of that State, and I appreciate that ballot. In any case, I know of no meth recount were not motivated by a desire effort that they made. ods for adding votes to a total where to reach that end. My single guiding I think that independent observers one can find no evidence of the actual principle was to ascertain as accurate in Indiana and outside of Indiana vote ever having been cast. ly as possible the will of the citizens of know that an honest and an honorable In other precincts there were more the Eighth Congressional District of job was done in what was an extreme votes counted than the number of Indiana as expressed by their votes. In ly difficult . situation. Basically, the voters registered as having voted. In my opinion the task force has principle f oiiowed was that they fact, in a total of 50 precincts ·there ·achieved that end. sought to count every ballot that was was a total of 103 more votes than There are those who from the begin at the polling place on election night voters registered as having voted. ning have indicated they would not last fall .. So long as they could consid Thirty-three of those precincts were accept any decision that did not result er the intent of that ballot, they off by one vote, nine precincts were off in the seating of their candidate. counted it. And the only ballots that by only two votes, and two precincts These individuals have largely ignored are in question and being raised here were off by only three votes. In other factual issues surrounding this elec that were not counted were those that words, in 44 precincts there was a dis tion. Instead they have contented ever reached .the polling places on crepancy of three votes or less. ,While themselves with dogmatic assertions election night in Indiana because they May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10009 were illegal from the outset and they upon by the 3 members of the task others in the majority do allow me the are illegal now, and everyone basically force, but 19 Mr. THOMAS refused to privilege of being a full partner in my knows that who is willing to examine vote on and they were determined by duties-so the privilege is worth the the facts. Mr. PANETTA and Mr. CLAY. penance. My colleague from Indiana CMr. Now, we have got an election out But I know this: On this issue you JACOBS] raised the question: But come of four votes. There are 345 addi have tom that special fabric that weren't 10 ballots that went to the tional, 78 determined by the task holds us together as a House of Repre polling places that were not counted force, of which at least 19 were deter sentatives. Let me make it clear I do on election night in Indiana but subse mined on a straight party line vote. I not point the finger of blame or place quently counted because of the task ask the question: Is this the result the charge of conspiracy at the door force, weren't they illegal and wasn't that can be considered reasonable and step of Mr. PANETTA and Mr. CLAY. I that an error? fair? I think not. I think we should stood yesterday and applauded when I think possibly that was an error to vote not to seat Mr. McCloskey and let the majority leader said LEON PANETTA have counted those in. But, again, we the people of Indiana determine who was a man of integrity. He is. You in all know the outcome that those 10 the true winner is. the leadership put him in that box. ballots had. Those 10 ballots, if count Mr. FRENZEL. Mr. Speaker, I yield And when the command is column left ed in error, inured to the benefit of 5 minutes to the distinguished gentle and you are the lieutenant, you Mr. Mcintyre, not Mr. Mccloskey. man from Kansas CMr. ROBERTS], a march-as best you can. Had they been excluded, had that member of the Committee on House We ought to stand today, Mr. Speak error that some of us believe was made Administration. er, and give the same due credit to my not been made, Mr. McCloskey's Mr. ROBERTS. Mr. Speaker, I rise friend and colleague, Mr. THOMAS, return in the end would not have been today to speak not about the issue at whose aggressive defense of what we just four votes, it would have been hand; that is already a foregone con think is right, and factual, and correct seven votes. clusion; you have won the Eighth Dis was both fair and tough. It is one So if you believe that an error was trict of Indiana. Rather, I wish to thing to climb between the ropes and made, then you can feel more comfort share with my colleagues a keen sad do battle against great odds but yet able with the outcome that this task ness I feel regarding the effect of this another to suffer the subsequent force engaged in, because the return business upon this House as an institu agony of defeat when you enter into was actually higher than four votes. tion-more important, what we want it the fray knowing the fight has been Let us proceed to a conclusion and to be both as individual Members and fixed. let Indiana fight this out in the next as Democrat and Republican parti What we are talking about is the election. sans. Mr. FRENZEL. Mr. Speaker, I yield We all ran through partisan gaunt kind of majority rule that has led to 2112 minutes to the distinguished gen lets of sorts to gain the privilege of resentment, frustration, anger, and re tleman from Texas CMr. BARTON]. being here. You cannot find a more tirement. We will lose good Members Mr. BARTON of Texas. Mr. Speak Republican Member than this one because of this issue. er, we began on January 3 by refusing from the standpoint of personal herit But, never mind-on to business as to seat the certified winner in the In age and commitment. usual. After all, what alternative do we diana Eighth Congressional District Yet the special fabric that binds this have. This next vote is a fait accompli; election race. Instead, we decided to institution in purpose and achieve Just a little formal salt in the wound. appoint a task force to investigate that ment is bipartisan. I am the first to What am I to do as an individual election because the original election admit that no political party has ILll Member? Disrupt the House? Abdicate was neither timely nor regular and exclusive patent on common sense or my responsibilities to my people? No; I there were serious doubts about its can lay claim to what is right. And, will continue to work with my Demo fairness. Since that time we have been personally, I try very hard to work crat friends. After all, it was Just mo engaged in a debate, in some sem with my good Democrat friends. We ments after the vote yesterday and blance of a procedure to determine the on the Agriculture Committee are after personally watching the press true outcome in the Eighth Congres bound together with a special kind of conference by Rick Mcintyre that one sional District race. The task force commitment in behalf of our farmers of my Democrat colleagues, with a big that was appointed, instead of investi and ranchers. That's just the way it is smile on his face, said: "When are you gating the original election, decided to in farm country. To be sure we have guys going to get us a farm bill?" I hold its own recount. The guiding our differences, but for the most part guess I am a "you guys" Member. One principle of that task force, as it was we work together and try on the other of the back-rail troops, a committee enunciated at the time, was to count fellow's boots-they pinch· but we get person if you will, not a floor expert in all the ballots. Now, when they said the foot to fit. virtually every policy area according "Count all the ballots," that is a little So, I try to be the best Member I to the Republican or Democrat holy bit different than counting the ballots know how to be-tempered by 18 years grail. that were counted in either the re as a staff member and Member of this But I can tell you this. This wound count or the original election results; body. That, I say to my friends in the will not heal without a terrible price in other words, count every ballot. In majority, is the rub. Part of what we and a scar that will be with this House doing that, it resulted in 345 ballots are is what you allow us to be. And for many years. It would appear, Mr. being counted that had never been you folks have had us on short rein Speaker, there are two kinds of Mem counted before. By definition, under this session. bers within your majority. We have Indiana election law, those were illegal Each time around the track we get those who listen and work with the ballots. They had not been counted on nicked-a piece of flesh on committee minority and those who do not believe election day, they had not been count assignments, on funding, on what leg we are full-fledged partners in this ed in the State-certified recount. But islation is considered, and how, and House. In baseball terms, they are the 345 ballots were counted, 345 addition when, and who gets the credit-or ones who call for their pitcher to stick al ballots were counted by the task blame. it in the batter's ear. The unmitigated force. But I knew that when I climbed into gall occurs when once you make us hit Now, of those 345 ballots, all but 78 the ring. As a Member of the minority the dirt, you take offense when we of them were counted by the GAO in this House, I am accustomed to come up swinging. auditors, but 78 had to be counted by being treated unfairly by some of you Yesterday I stood to underscore my Mr. PANETTA, Mr. CLAY, and Mr. in the majority. That's part of the belief that LEoN PANETTA is an honora THOMAS. Of those 78, 54 were agreed penance. The other half of that is that ble man, only to be lectured by the 10010 CONGRESSIONAL RECORD-HOUSE May 1, 1985 majority leader that somehow my ad- rerun if Mcintyre had won by four Party will surely turn around many ditional expression of frustration, and votes. more seats after the election in 1986. anger, and outrage was beneath the If the evidence showed-that he won It is a shame that this power play is dignity of this body. I say this to the by the device of having cast aside le not looked at by the media, who are majority leader-you folks dish it out gitimate ballots, I would give the other always seeking to fight for right, seem daily, but you sure can't take it. Oh, I side a fair shot at it with a rerun. to be unaware of the corrupt methods know the majority leader and those There is one ironic a.Spect to all this being used to determine the winner of that make up the cabal that is respon- and I have to comment on it. this election. Is that indicative of their sible for this whole business will re- Mr. Speaker, I mentioned yesterday distinctive bias? spond that we shouldn't feel that way. that the issue here was not one seat in I also find it puzzling as to why the They have argued their version of the Congress. It was one of fairness. It re more junior members of the Democrat facts. But regardless of that attitude, mains one of fairness. Party, who obviously understand the we feel this case was handled unfairly It is also an issue that strikes at the for the reasons so eloquently stated in heart of the balance between those dangerous road being taken by the the House debate. Speaker and other leaders of their And, it is that sense of unfairness powers given to the States and those party, do not stand up against what that will live long after this dispute is given to the Federal Government. The they know to be wrong. They have over. Yes; Mr. Speaker, I will take off ~f;~~~n~as been tipped-in the wrong come here in all probability to repre my "Thou shall not steal" button. A It is an issue of representative gov sent a newer attitude within the voters slogan too harsh? I think not. I am ernment and the difference between of America, and they are hiding going back to work. behind the party demagogy with fear. But for me and for my colleagues, democratic and autocratic rule in this In the long run, the people will vindi this House is not the same. The collec- House. We are fighting for the rights cate the winner, Mr. Rick Mcintyre, . of the minority and millions of Ameri- tlve sense of unfairness symbolized by cans whose rights have been entrusted but what the Democrats are doing to this button remains in our hearts. to us. That is why this fight will go on. the Constitution of the United States The sad, sad thing is that we did not . That is why this cause will t di can not be vindicated, excused, or con have to go down this road. no e. doned. I believe the people will seek • Mr. MICHEL. Mr. Speaker yester- That is why we will not return to busi more honest Representatives in the day, my good friend, the dist~guished ness as usual. The Rick Mcintyre issue future. If Mr. Mccloskey accepts the majority leader, gave one of his elo- is more than an election. It is unfair title Representative of the Eighth Dis quent and articulate speeches on this rule~, unfair ratios, unfair staffing, ex trict of Indiana he does so without controversial topic. cess1ve spending and a hundred other honor.e While I admire his gift of oratory I abuses of this House and our demo e Mr. SHUMWAY. Mr. Speaker, I am must say I disagree with much of his cratic processes. vehemently opposed to this resolution, emphasis. The majority leadership seems in- just as I have been opposed to and ap He devoted a great deal of his re- capable of und~rstanding-the deep palled by the outrageous circum marks to real ·or alleged breaches of feelings on this side. We are not angry stances which have led up to it. By its House etiquette on the part of certain because we lost. actions, the House has abrogated the Members of the minority. We are angry because of the way we States rights of Indiana; it has tram This is what is known as blaming the lost. We are not sore losers. . pled the voters' right in Indiana's victim. Yes, we are sore. But we are sore Eighth District, and, today, it is liter The issue here is not whether Mem- winners. We won this thing and it's ally stealing a congressional seat away bers on our side have lost their been taken away. from the duly elected choice of the temper. It is whether Rick Mcintyre The distinguished majority leader people. Worst of all, we are establish has lost his seat. said that his side is not so hard up ing a dangerous precedent-what is to The issue isn't whether during that they would deprive Republicans prevent the majority party in the heated debate Members on both sides of an extra seat by devious means. House from stepping in and seizing have said things that Miss Manners I say to the majority leader-we are every close race in the future? would blush at hearirig. The issue is not so hard up that we will take any that Republicans and concerned bone you choose to throw us. It is true that the race between Democrats feel, in the words of a We can't take this thing lying down, Messrs. Mcintyre and McCloskey last Democrat, that this race is tairited and nor can we surrender because we've November was a close one-but it is has a cloud over it. just begun to fight.e also true that Mccloskey lost. He was So let's not play the old game of •Mr. GOODLING. Mr. Speaker, we not the individual certified by the In blame the victim. If there is any indig- know the facts, January 3, 1985, the diana secretary of state as the winner nation on our side, it arises from a uni- Democrats in the House of Represent of the election. The House majority versal sense of frustration, anger, and atives exercised their power of majori chose to ignore that validation, a slap yes, bitterness over the way this has ty and refused to sit a duly authorized in the face to Indiana. It chose to been handled by the majority from be- winner of the race for Congress in In allow Mr. Mccloskey to claim a con ginning to end. diana's Eighth District. We now know gressional seat without using the ave The distinguished majority leader that the creation of a task force to nues of recourse available to him also said that the Republican leader- decide the winner was another exer within his State. It chose to leave the ship, in a meeting in the Speaker's cise of their majority party status, the people of Indiana's Eighth District office, said we wouldn't be asking for a task force reversed the nearly quarter without representation for months, reelection if Mcintyre had won by million voters decision in Indiana and and it chose to ignore two separate four votes. declared Democrat, Frank Mccloskey vote counts, both of which made it Yes, if Rick had won by four votes or the winner. clear that Mcintyre had won. one vote, we wouldn't be asking for a Since Mr. Mccloskey does not We do not tolerate this type of elec rerun and we'd do the same with appear to be embarrassed to win in tion charade when it takes place in Mccloskey-if we thought the vote this manner arid speak out against emerging nations, nor should we. For count was fair. such political maneuvering, the fight us to sit by and allow an election to be But we don't think it was fair. That's for the rights of these voters ·must manipulated by our own membership the central point of the controversy. continue. If we do not stand firm at is a travesty. If the House majority So it is not accurate to come here , this point, the Democrats sensing the leadership is to be permitted to wield and tell people we wouldn't call for a public mood toward the Republican this arrogant and unresponsive abuse May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10011 of power, what is the point of having act meant to echo the lofty articula cannot mean: "The House of Repre elections at all?e tion of Classic in providing: "No sentatives shall be composed of Mem D 1530 person acting under color of law shall bers chosen by the majority party." fail or refuse to permit any person to The grand principle of the Constitu Mr. FRENZEL. Mr. Speaker, I yield vote who • • • is • • • qualified to tion is that the people shall choose. my remaining time to myself. vote, or willfully fail to refuse to tabu Once the task force decided to sup Mr. Speaker, I yield to the gentle late, count and report such person's plant Indiana law by counting votes man from California CMr. PASHAYAN]. vote." I find a cruel irony indeed that that would not be counted under Indi •Mr. PASHAYAN. Mr. Speaker, what the majority of the task force com ana law, it was bound to do so evenly. the task force did in Indiana stabs the posed of the majority party of this To preclude 32 absentee ballots from very heart of the Constitution. Article Chamber refused to follow the dic being counted while actually counting I, section 2, says: "The House of Rep tates and spirit of the law that its other absentee ballots exactly alike resentatives shall be composed of party fought so hard for so many Members chosen • • • by the People but for a supposedly lesser degree of years to realize. I find it a cruel irony security is fatuous in face of rules 9 • • • and the Electors of each State that the very party that was responsi and 21 that contemplates counting shall have the Qualifications requisite ble for passing this legislation is re for Electors of the most numerous ballots not necessarily secured. sponsible for violating its most pre The refusal to count all like ballots Branch of the State Legislature," and cious tenants: that of denying the in article I, section 4, the Constitution of the same substantive class is arbi right to vote of people equally situated trary and unreasoned. says, "The Times, Places and Manner as the same class of voters. · of holding Elections for • • • Repre I wonder how grievously disappoint If this House shall act to seat sentatives, shall be prescribed in each ed that the people in America whom Mccloskey, then this House will en State by the Legislature thereof the Voting Rights Act was designed to dorse a dark absolute power to deter • • •," unless Congress shall by law protect will be when they shall come mine elections, and the entire Consti regulate elections. to understand that it was members of tution will fall under a despotic When the task force refused to the Democratic Party who violated shadow. Let us take the only enlight count 32 absentee ballots that were the very tenet of the Voting Rights ened course: Let us order another elec the same as other absentee ballots Act: "Equal people, equal votes." tion, open, clean, and unbloodied by which they did count, it acted in a Article I, section 5, says, "Each politics.e manner repugnant and obnoxious to House shall be the judge of the Elec Mr. FRENZEL. Mr. Speaker, I wish article I. It certainly acted contrary to tions, Returns, and Qualifications of that the gentleman from Kansas CMr. what the Supreme Court in a whole its own Members • • • ,'' but is the ROBERTS] could have closed the debate series of cases has held, of which there power absolute? In Powell versus Mac for our side, because I think he speaks is perhaps no more a clear and bril cormack, the case of Adam Clayton eloquently for every Republican in the liant articulation by the Court than its Powell, the Supreme Court in 1969 House of Representatives. We, who pronouncement in 1941 in U.S. versus said that the House's power to be the have been the ground beneath the ty Classic: judge the qualification of its Members rant's heel, have become used to that Obviously included within the right to was not absolute but rather qualified kind of treatment. Perhaps our spirit choose, secured by the Constitution, is the by other provisions of the Constitu has been broken too much; I think right of qualified voters within a state to tion, and I agree. I think it unconstitu perhaps we have spoiled our friends in cast their ballots and have them counted at tional for a committee or for even the the majority by not being outraged congressional elections. This court has con House itself sitting as a judge of the nearly enough. I hope that you will sistently held that this is a right secured by if the Constitution • • •. And since the consti election not to be bound by other pro forgive us we raise our voices once in tutional command is without restriction or visions of the Constitution. Should the a century, when the peoples' right to limitation the right • • • is secured against House have the power to judge elec determine who will represent them the action of individuals as well as of states. tions unchecked by the broad princi has been taken away from them by a The task force acted under its own ples incorporated in the due process willful caucus, willing to exercise ruth rules, not under Federal law passed clause, the equal protection clause, the lessly whatever power it has by its under article I, section 4. What is privileges and immunities clause, and sheer numbers. worse, they applied their own rules in especially article I, section 2, of the Before I get overcome with the bit consistently. In the task force's count Constitution? Should the House have terness of past defeats, Mr. Speaker, I ing rules, No. 9, the task force provides the power to ignore these great consti do want to call particular attention to that it will count ballots that "* • • tutional principles? The Democratic the service of the committee chair may not have been properly sealed Party claims it does, and so it claims man, our good friend, the gentleman election night." Likewise, rule 21 pro an absolutist doctrine: that the ulti from Illinois CMr. FRANK AmroNz10]. I vides for the counting of ballots that mate power to elect the Members of believe he has handled himself and his " • • • may have been improperly the House lies not in the people, but in committee in the best traditions of the sealed election night." In other words, the majority party's caucus. House and has been very helpful in rules 9 and 21 contemplate counting As a constitutional doctrine, the moving this process along in the best votes that were not necessarily per Democratic Party's claim would abso way that the House can possibly move fectly secured. lutely permit the majority party, on on any question this difficult. Why then, but for latant political January 3, 1987, absolutely to deter Mr. Speaker, when the time has run reasons, did the majority of the task mine the results of any House elec its course for this debate, I shall move force refuse to count 32 absentee bal tion. It would absolutely permit them to recommit House Resolution 146 to lots that 4 Indiana county clerks swore to refuse to accept the certification of the Committee on House Administra under perjury had been secured? the secretary of state of any State, to tion with instructions to that commit There is no consistency in the proceed order another task force to recount tee to count the otherwise valid, unau ings of a task force whose written rule the ballots, to have the task force thorized absentee ballots in the four proclaims counting unsecured ballots issue written rules, within the proceed counties often discussed on the floor and whose later ad hoc rule proclaims ings to have the task force issue ad here so that we will have some meas not counting secured ballots. hoc rules inconsistent with the writ ure of rought justice. Even worse, there is every likelihood ten, and then to unseat a properly As you will recall, the Democrat task that the task force acted in violation elected Member of the minority party force, by party line votes, refused to of the tenets of the Voting Rights Act by recounting only arbitrarily selected count the remainder of the ballots of 1965. Perhaps section ll of the ballots. Surely our Constitution after it had counted 52 ballots that
51-059 0-86-2 (pt. 8) 10012 CONGRESSIONAL RECORD-HOUSE May 1, 1985 had been counted during the general to determine that 12 more of those D 1540 election, and 10 which have not. It re went for Mccloskey and they found Mr. PANETI'A. Mr. Speaker, I yield fused to count 32 which could be iden out who won. myself the balance of my time. tified as having been carried under the I believe that Mcintyre was beaten Mr. COLEMAN of Texas. Mr. Speak same security as the ballots which clearly and unmistakably by the rules. er, will the gentleman yield? have been counted. He was beaten by subjective judg Mr. PANETI'A. I yield to the gentle The task force, which is the real ments of his Democrat cronies. I did thrust of the Republican attack here, man from Texas. not say Mccloskey won; I said Mcin Mr. COLEMAN of Texas. I thank simply found enough votes to elect its tyre was defeated. man, Mccloskey, and then stopped the gentleman for yielding. As one of When the press asked me when I those Members who has read every counting, leaving those 32 voters dis came in here today what the House page of this document, I rise in sup enfranchised. We heard tons of was going to do, I said: "I think the speeches on this floor that, by golly, port of this resolution. Democrat Caucus is going to seat the Mr. Speaker, today, the House of we were going to save those disenfran loser." And the basis for the seating is Representatives will be voting to seat chised voters. Those bad, bad Indiana that the king can do no wrong; king clerks, and that bad Indiana law kept Frank Mccloskey as the duly elected caucus decided on January 3 that it Representative of the Eighth Congres people from voting. This task force is was going to impose its will. King going to let those people vote. sional District of Indiana. The resolu Democrat caucus was going to impose tion before this body is premised upon Well, it did. It let 10 of the 42 we its will on the people of Indiana. I do know of, but would not let the other the recount sponsored by the House not think that any other description which shows Mr. Mccloskey with a 32. Why not? Because they were afraid can disguise the shame that our whole to risk losing the four-vote advantage. four-vote margin over his Republican representative process feels because challenger, Mr. Mcintyre. Now, remember: Mcintyre won the this decision was made unilaterally in election. The only way that McClos I believe that all of us present today that caucus, throwing aside the votes understand the seriousness of the task key could win it was under a new set of more than 230,000 Indianans. of rules. When the new set of rules force before us in deciding what our were drawn, we stopped counting We have heard a lot about honor in respective position will be relative to under those new rules. We abandoned the last couple of days, and I am all the resolution now before this body. them and we said: "Oh, my goodness, for honor. I believe everyone here is While there has been a swirl of parti we are going to go back to Indiana law; just dripping with honor. I remember san feelings and emotions surrounding those 32 ballots are uncountable." William Shakespeare spoke through this issue which have, on some occa Well, we could not find Indiana law Mark Anthony to say that Brutus was sions, obscured rational thought on because the task force threw it in the an honorable man, but he was not the part of some Members, I feel con trash can when it established its above sticking a broadsword ·between fident that the information now avail counting rules. the ribs of Julius Caesar into some of able from proponents of both sides of Now, I want to talk about the count his more tender parts. I feel a little bit this issue adequately provide a basis a little bit. I hope that the motion to like Julius Caesar today too. I have from which an informed decision can recommit will be supported. The dis felt the sting of the Democrat broad be made. trict court in southern Indiana has sword. I am going to vote in favor of accept granted a temporary injunction to pro I remember, too, a couple of lines ing the recommendation of the Com tect the ballots, so you need not worry from Tennyson, which go like this: mittee on House Administration to whether they will be there or not. His honor rooted in dishonor stood, seat Frank Mccloskey, not on the They did that yesterday in response to And faith unfaithful held him falsely true. basis of my political affiliation, but a request. upon a reasoned and indepth analysis Let me talk about the ballots. I have Now, if there is anyone being held of the premises advanced by the com been led, or I think many people have falsely true because he believes that to mittee in support of its recommenda been led, to believe that for some be a good Democrat you have to disen tion to this Chamber. reason mistabs have decided who got franchise Indianans, I beg you, you To begin with, let us not lose sight elected here. Let me first tell you that have only two more chances. You have of the fact that the House has the ul mistabs gave candidate Mcintyre 75 a chance to give the election process timate responsibility as well as pri more votes and candidate McCloskey back to the people of Indiana. You mary jurisdiction, under article I, sec 79 more votes. That is a four-vote in have a chance to go with the certifica tion 5 of the U.S. Constitution, to crease for Mccloskey. He did not gain tion process. You have a chance to judge elections. Pursuant to this back 34 votes that he had on election prove that king caucus is not a ruth power, the House adopted a resolu night by mistabs. less wielder of brutal political power tion, on January 3, 1985, to investigate Where he gained back his votes were that overwhelms the votes of the the McCloskey-Mclntyre election. on ballots not counted; those 142 bal people of Indiana. While I will not review the unfolding lots that our valiant committee has You have a chance to prove that you of events from election night, 1984, saved to enfranchised otherwise disen really believe in the Constitution and through the present, I believe that all franchised voters, even though their the election processes of the United of us can agree that the many irregu ballots did not satisfy Indiana law. States of America. If you do not, you larities and inconsistencies in the There his friends on the task force will simply exacerbate the difficulties Eighth Congressional District of Indi found 22 more votes for McCloskey that we have gone through in the last ana's election process certainly justi than they did for Mcintyre. Actually, few weeks. You will have proved to the fied this action by the House. Mccloskey won the whole election by United States of America that it does . Given the inconsistencies which picking up 12 extra votes on hanging not make any difference who the characterized the counting of the bal chads. people elect if king caucus, king Demo lots in Indiana that evening within the Do you know what hanging chads crat caucus decides that it wants to Eighth Congressional District, the are? When you have a punchcard that elect one of its cronies. goals of the task force were to follow does not go through, you get the little Your best way to prove that this counting rules which disenfranchised punch out and it is hanging there. House means something, that your the smallest possible number of voters Nobody knows who they voted for. love of the institution and the process and to apply uniform standards which You have to be Harry Houdini or the es are more improtant than your love would cover all counties and precincts. Almighty to know what the score is, of the party, is to vote to recommit These counting rules were adopted so but somehow our task force was able House Resolution 146. that technical errors made by election May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10013 officials, as opposed to those made by Since it was not possible for the task with the decision made by the task voters. would not invalidate a ballot. force to identify and segregate those force to count those invalid absentee What I will attempt to do is to iso invalid absentee ballots counted erro ballots which were not comingled with late for my colleagues what I have neously. the question became how to other valid ballots-a total of 10 bal come to view as the crucial issues upon treat these ballots in an equitable lots in all which gave Mcintyre the which I have made my decision to sup manner. In the House, there is no majority-it is apparent that either port the committee's recommendation. precedent for counting unnotarized through the means adopted by the One point which I find critical in de and unwitnessed absentee ballots. task force or the concept of propor termining the "winner" is that the key What precedent there is provides that tional reduction or both, Mccloskey difference between the State's certi when it is possible to differentiate be would still be the victor. fied election result of 34 votes and the tween valid absentee ballots and in On the matter of a special election, House recount process is directly relat valid absentee ballots. the preferred several things disturb me about the ed to tabulation errors discovered by method is to proportionately reduce recent momentum for such an event. the task force auditors on the part of the vote totals for each candidate. In First of all, it is the Republicans, after election clerks in Indiana. It is impor this instance-and given the tabula realizing that they had possibly lost tant to note that these changes in vote tion errors uncovered by the GAO the election on the recount, who are tabulations resulted not from the auditors which benefited Mr. Mcclos demanding a special election. This is a counting rules adopted by the task key-had this proportional reduction new claim raised by them at the 11th force, but from this discovery of tabu formula been followed, Mr. Mcintyre hour and lacks a sound premise. More lation errors in the initial counting would lose more votes than Mr. over, and despite Mr. McCloskey•s which took place election night. Mccloskey. small margin of victory, closeness Despite the existence of this prece alone while it could justify a recount. The true crux of this controversey dent. and at the request of the Repub does not now, nor has it ever, consti surrounds the nebulous nature of the lican member of the task force, it was tuted an adequate legal basis to ·call unnotarized absentee ballots. Under agreed that those ballots already for a special election. Absent a show Indiana law, absentee ballots must be counted should remain in the active ing of irregularities which go to the signed by the voter, notarized, and re count. Regarding those absentee bal heart of the final result, there is no turned to the appropriate county clerk lots which, while clearly invalid, were precedent for demanding such a spe by election day. On election day, the forwarded to the precincts yet not clerk then forward the absentee bal cial election. counted or integrated with the other For the foregoing reasons, Mr. lots for each precinct out to the appro ballots, task force Chairman PANETTA priate precinct. where the absentees Speaker, I believe it legal and proper agree with the Republican member to to now seat Mr. Mccloskey as the rep are opened and counted along with the count this group as well which in ballots cast in a normal manner that resentative from the Eighth Congres crease Mr. Mcintyre's vote total. Rela sional District of Indiana and I would daY,. Also under Indiana law. any ab tive to the third group of absentee bal sentee ballots that are not signed and hope that the House can now return lots-those recongized as invalid by its attention to the national issues notarized are supposed to be immedi the county clerks and withheld from ately rejected and not forwarded to pending before it. the precincts-the task force, along Mr. FORD of Michigan. Mr. Speak the precinct-these ballots are per se party lines, decided not to count them. invalid. er, will the gentleman yield? Despite my personal misgivings Mr. PANETTA. I yield to the gentle The unfortunate fact discovered by about the decision of the task force man from Michigan. the GAO auditors hired by the task chairman to count the second category force to count the ballots was that of ballots, or to count the first catego Mr. FORD of Michigan. I thank the some of these unnotarized ballots had ry and not proportionately reduce gentleman for yielding. been sent out to the precincts. Of each candidate's totals, neither deci Mr. Speaker, after an exhaustive these absentees sent to the precincts sion would have changed the result of and painstaking recount of last No through clerical error. some were rec who actually won this election. vember's election in Indiana's Eighth ognized by precinct workers as invalid I believe it significant to note that Congressional District, I don't believe and were not opened up or counted not one member of the task force ever that any fair-minded person can deny while others were opened as well as suggested that unnotarized or unwit that incumbent Frank Mccloskey is counted. The task force was then con nessed absentee ballots ever be count the winner. fronted with absentee ballots. clearly ed. It was not until the last meeting of The recount was federally super invalid. which were inadvertently for the task force, on April 18, after it was vised under a careful procedure that warded to precinct workers and count apparent that Mr. Mcintyre was losing ensured the utmost integrity and fair ed; absentee ballots. clearly invalid, by four votes, that the Republican ness. The results are now before us. which were sent to the precincts but task force member first suggested that And they are conclusive. not counted; and, absentee ballots. those invalid ballots ret~ined by the There is little doubt that this was clearly invalid, which were recognized county clerks should be treated in a the closest congressional election of as such and retained by the various manner similar to valid ballots. this century, with the final outcome county clerks and not forwarded to In another desperate attempt to decided by only a handful of votes. the precincts. Of those invalid absen erase Mr. Mcintyre's four-vote deficit, The narrowness of Mr. McCloskey's tee ballots which were erroneously and in direct contravention of Indiana victory, however. is not the issue sent to the precincts. counted, and law, the Republican task force before us. Rather, it is whether, after then mixed in with the other ballots, member also requested that military one of the most careful and diligent there was no way for the task force to absentee ballots that had arrived after recount procedures in our history. he be able to distinguish them and thus election day be counted. The task emerges as the undisputed winner. On not count them. Of the second catego force voted not to count late-arriving this score the record is now clear. And ry, those absentee ballots which were military or other absentee ballots re it matters not whether he won by 4 or inadvertently sent to the precincts and ceived after the election. 400 votes. not counted, these were clearly able to Mr. Speaker, Frank Mccloskey, While the central issue is indeed be segregated by the task force. Of the albeit narrowly, won this election who won that photo-finish race. it is third category, those absentees which based upon what I sincerely believe not. in my mind, the most important were retained by the county clerks, it was a credible counting of the ballots consideration before us. That. instead, was easy for the task force to be able by GAO auditors under the supervi is whether the recount procedure es to identify and segregate. sion of the task force. While I disagree tablished by the House to resolve this 10014 CONGRESSIONAL RECORD-HOUSE May 1, 1985 prickly dilemma can stand the test of nently open recount process-a proce Indiana question actually justifies the harsh scrutiny for openness, honesty, dure open to both sides and the media action of the House in how it has pro and fairness. I am convinced it can. every step of the way. For us to have ceeded on this matter. It was a far more valid recount than acted hastily before all the facts were On the Republican allegation that the one ordered by the State of Indi on the table would have demeaned the the House does not have the right to ana. Why? Because it examined all the process and created distrust in the assume jurisdiction over the Indiana ballots and did not selectively throw public mind. race, the Reagan administration some out for minor technical reasons. But now we are in possession of all argues-and I quote: If the intent of the voter was clear the facts. Nothing remains hidden This cannot be right • • •. The House and it mattered not for whom the from public view. And now that we do should be left to continue its recount and ballot was cast-the vote was counted. have the facts, it is our duty to act Judge the elections and returns of its own Indiana, on the other hand, excluded upon them fairly and decisively. And Members. nearly 5,000 ballots because of techni the only fair and honest way to do On the Republican allegation that cal, not substantive, reasons, thereby that is by seating Mr. Mccloskey ac there is no evidence of fraud, the Ad willy-nilly disenfranchising thousands cording to the will of the majority of ministration said the absence of specif of voters. the voters of Indiana's Eighth District. ic allegations of election fraud or ir The federally supervised recount Mr. ALEXANDER. Mr. Speaker, will regularity-and I again: was conducted by teams of independ the gentleman yield? That • • • is beside the point. The elec ent auditors from the General Ac Mr. PANETI'A. I yield to the gentle tion was extremely close and the question counting Office whose integrity and man from Arkansas. the House must determine is, what was the professionalism is beyond reproach. Mr. ALEXANDER. I thank the gen vote? These teams of auditors laboriously tleman for yielding and I will not take On the charge by the Republican counted the ballots on site by hand, any time, although I would like to. I side that the House should have hon leaving nothing to chance. would like to compliment the chair ored the dubious certificate of elec Moreover, the task force appointed man and the task force for an excel tion, the administration argues that by the House bent over backward to lent job and an excellent report. ensure fairness to both sides and fidel Mr. Speaker, the rhetoric and parlia the validity of the certificate is "really ity to the Constitution and the people mentary antics of the other side have up to each House as the judge of its of Indiana's Eighth District. reached an absurd, juvenile level in election returns." It has been charged, unfairly, that the past few weeks. Obviously, this re And on the allegation by the Repub the composition of the task force guar flects the increasing role of the ex lican side that the House is unfairly anteed an outcome favorable to Mr. tremist element in Republican policy and illegally denying the people of In Mccloskey. Nothing could be further making. diana their constitutional right to rep from the truth. First of all, as I said Sadly, many senior Members on the resentation, the Reagan administra earlier, it established a procedure for Republican side have recently been tion quoted the case of Barry versus counting all the ballots, which were quoted publicly and privately as the United States which said: not disqualified through voter error, saying that they are planning to leave merit in the suggestion that this body-either through early retire the effect of the refusal • • • to seat Ca the only democratic way to determine member> pending investigation was to de the winner. ment or seeking other offices-because prive the State of its equal representation. I would like to remind my colleagues of the frustrations and embarrassment The temporary deprivation of equal repre that, under the Constitution, Congress caused by this extremist element sentation which results from the is the sole judge when it comes to de which paralyzes those Republicans refusal • • • to seat a member pending in ciding the outcome of the election of who ligitimately seek constructive so quiry as to his election or qualifications is its Members. lutions to our Nation's problems. the necessary consequence of the exercise of To have relied on the results of the Mr. Speaker, today the Republican a constitutional power, and no more de Indiana recount would have been a side plans to walk out of the Chamber prives the State of its "equal suffrage" in the constitutional sense than would a patent abdication of our constitutional to protest the seating of the rightful vote • • • vacating the seat of a sitting duty as elected Members of this body. winner of Eighth Congressional Dis member or a vote of expulsion. There were more than 15 separate re trict of Indiana. Judging from the as count commissions in Indiana evaluat sembling of the media around the cap Mr. Speaker, there are many issues ing the results with 15 separate and ir itol, I can only conclude this planned in this case upon which reasonable regular procedures. One group, for ex walk out is more for the purposes of people might disagree. However, the ample, accepted ballots that another good press, than good government. I other side has repeatedly taken the group operating only a few miles away suppose they will use this opportunity issues of this case pounded and pound threw out for technical reasons. The to once again attack the leaders of the ed again their own interpretation of task force, on the other hand, applied Democratic Party as slime and thieves, them to the point that they are no uniform rules to bring order out of and repeat their threats of civil disobe longer willing to listen to reason. chaos. To charge now, as some of my dience and, indeed, physical assaults While I know they will not listen to colleagues on the other side of the to prevent the House from swearing in my arguments or those of the Mem aisle have done, that we have attempt the rightful Congressman from the bers who have so professionally and ed to "steal" this election is to ignore Eighth District. astutely guided this procedure, I urge the facts for political gain. Mr. Speaker, I know at this point them to look at the arguments or From the very outset of this case the the extremists on the Republican side President Reagan's own Justice De House has acted in a prudent and cau are not interested in substance. That partment on this matter. tious manner to protect the parties in quality was abandoned in their speech [In the Supreme Court of the United States, volved and the integrity of the system. es weeks ago. However, I would sug October Term, 1984, No. 102, Original] Quite properly it refused to seat either gest to them that they take a look at STATE OF INDIANA, PLAINTIFF V. UNITED Mr. Mccloskey or his challenger, Mr. the position of the Reagan administra STATES OF AMERICA, ET AL. Mcintyre, until all the facts were tion on this matter. I think they will have flown in the face of electoral jus which they have been making their al BRIEF FOR THE UNITED STATES IN OPPOSITION tice and constitutional responsibility. legations of criminal and immoral be Jurisdiction It was only fitting and proper for us havior. Frankly, it seems to me that The Jurisdiction of this Court is invoked to withhold a final judgment pending the brief filed in the Supreme Court under Article III, § 2, Cl. 2, of the Constitu the results of this thorough and emi- by the Reagan administration on the tion of the United States and 28 U.S.C. May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10015 125l<2>. The question of jurisdiction is ine any such obstacles, however, because, ception for cases otherwise within the further dicussed in the Argument, infra. given that the United States is not an indis Court's original jurisdiction. "The effect of Statement pensable party, its dismissal would not pre CArt. III, § 2, Cl. 31 is not to confer jurisdic 1. The State of Indiana-in its own right vent continuation of the suit against some tion upon the Court merely because the and as parens patriae-has filed a motion or all of the other defendants. Cf. Fed. R. State is a party, but only where it is a party for leave to file an original complaint in this Civ. P. 19 and 21. For like reasons, there is to a proceeding of judicial cognizance. Pro Court, seeking an order requiring the seat no need to determine whether the joinder ceedings not of a justiciable character are ing of Richard Mcin of the Speaker is barred by the Speech and outside the contemplation of the constitu tyre as Representative for the Eighth Con Debate Clauses: that would not affect pros tional grant." Massachusetts v. Mellon, 262 gressional District of Indiana. The claim is ecution of the action against the other offi U.S. 447, 480 <1923). It would be difficult to that refusal to seat Mcintyre in the Ninety cers of the House. See Powell v. McCor overstate the degree to which this contro Ninth Congress deprives Indiana and its citi mack, 395 U.S. 486, 501-506 <1969). And, fi versy presents the defining instance of a po zens of constitutional rights relating to rep nally, we accept without quibble that the litical question. The classic characteristics resentation and control over the election of case, if justiciable in any federal court, falls of textual commitment to another branch Representatives from the State. Named as within this Court's nonexclusive original ju and conspicuous separation of powers prob defendants are the United States, the House risdiction as a controversy to which a state lems are present and pronounced. Unsur of Representatives, the Speaker, and vari is a proper party.2 We confine ourselves prisingly, the Court's opinions in this area ous officers of the House. The House and its here to two submissions: <1> The case pre strongly suggest that this precise controver officers are represented by the Counsel to sents only a nonjusticiable "political ques sy would be held nonjusticiable on political the Clerk of the House of Representatives, tion" which no federal court can entertain; question grounds. and (2) in any event, this Court ought not who is filing a separate response to Indi a. There is, in the present context, "a tex ana's Motion for Leave. The present brief is exercise its original jurisidiction, but should tually demonstrable constitutional commit submitted on behalf of the United States deny leave to file as a matter of discretion. ment of the issue to a coordinate political only. 1. This matter is nonjusticiable, because it presents a political question. There is no ex- department • • •." Baker v. Carr, 369 U.S. 2. In the general election of November 6, 186, 217 <1962). See Gilligan v. Morgan, 413 1984, the seat for Representative from Indi U.S. l, 6-7 <1973). Article I, § 5 of the Con ana's Eighth Congressional District was It is perhaps a more serious question whether stitution begins: "Each House shall be the closely contested between Richard D. Mcin sovereign immunity prevents the suit against the Judge of the Elections, Returns and Qualifi tyre and Francis X. Mccloskey. For some United States. The basic rule, of course, ls that cations of its own Members • • •." This is five weeks, state officials withheld certifica absent congressional consent, a suit for injunctive specific and more directed to the matter at tion of either candidate. Then, on December relief can be maintained only against Its officers If they are charged with acting ultra vlres or uncon hand than Article I, § 4, on which plaintiff 13, the Indiana Secretary of State and the stitutionally. See Block v. North Dakota, 461 U.S. relies. See Roudebush v. Hartke, 405 U.S. 15, Governor certified Mcintyre as the winner. 273, 280-282 <1983). Here, the only arguably rele 25-26 <1972). The House of Commons and Nevertheless, when the House of Represent vant statutory provision effecting the requisite the legislatures of the colonies judged their atives convened on January 3, 1985, it waiver for joining the sovereign Itself is 5 U.S.C. own elections, and jealously protected their passed a resolution declining to seat either 702, which permits joinder of the United States right to do so against other governmental whenever "agency" action is subject to judicial candidate and referring the question to its entities. H. Remick, The Powers of Congress Committee on House Administration. That review and nonmonetary relief ls sought. However, assuming that It applies to original actions in this in Respect to Membership and Elections 1- Committee is conducting a recount and has Court ; M. Clarke, Parliamentary Privi not yet reported, though it appears to be the provision expressly excludes "Congress" as an lege in the American Colonies 9-10, 132-172 close to doing so; the result, whoever wins, "agency." Accordingly, the question is whether the <1971 ). So, also, the American Senate and will be extremely narrow. In the meantime, officers of one House are nevertheless covered. It is House have been deciding election questions both claimants have been tendered the not apparent why Congress should have wished to involving their members for nearly 200 salary of Representative. bar joinder of the United States in such a case If years-sometimes responsibly, sometimes 3. Some weeks before Indiana filed the the suit otherwise can be prosecuted against the of ficials. not, but never with judicial review, despite present Motion in this Court, Richard repeated requests. In light of this history Mcintyre and a voter from his District com •Notwithstanding the failure of the Judicial menced an action against the Speaker of Code to so provde <28 U.S.C. 1251) and contrary in and the express provision of Article I, § 5, it dications in some of the Court's opinions ; that judicial review has been deemed barred tyre v. O'Neill, Civ. No. 85-0528. The relief Texas v. Interstate Commerce Commission, 258 U.S. sought there was essentially the same as in 158, 163 <1922)), we deem It clear that this Court where the commitment of the issue's resolu this original action. On March 1, the suit enjoys concurrent original Jurlsdlctlon of all cases tion to another entity is only implicit. E.g., was dismissed on grounds of non-justiciabi within the federal judicial power, not barred by Coleman v. Miller, 307 U.S. 433, 450 <1938); lity, and an appeal from that ruling is now sovereign Immunity, where a state is a party, in Goldwater v. Carter, 444 U.S. 996, 1003 pending on an expedited basis in the Court cluding a suit founded on federal law by a state <1979> ; Monaco v. Mi88i88iPJ>i. cuit, No. 85-5212, where briefing has been 292 U.S. 313, 321, 329-330 <1934). An independent It is no answer that courts regularly completed. basis for invoking the original jurisdiction of this review other exercises of power "textually Argument Court is that the suit ls brought by a state against committed" to Congress. The commitment citizens of other states. 28 U.S.C. 1251<3>. See made by Article I, § 5 is different not only in There are perhaps special objections to South Carolina v. Katzenbach, 383 U.S. 301, 307 degrees, but in kind. The Commerce Clause, the Joinder of the United States as a defend <1966); Oregon v. Mitchell, 400 U.S. 112, 117 n.1, for example, makes a grant of lawmaking ant to this action. 1 We do not stop to exam- 152-153 n.l, 230-231 <1970). And If the United States is permissibly joined, original jurlsdlction power, and it is entirely unremarkable that also lies on the ground that the suit is between a there should be judicial review of the exer 1 It is arguable, first, that the United States-as state and the United States. 28 U.S.C. 125l<2>. cise of that authority. Here, however, the distinguished from the House of Representatives See California ex rel State Lands Commission v. grant is itself of an adjudicative sort, and and Its officers-ls not a "proper" party, having no United States, 457 U.S. 273, 277 n.6 <1982). Which review by the judiciary is redundant and in separate interest in the case. Presumably, Powell v. ever of the three bases is invoked, this Court's trusive. Article I, § 5 entails making specific McCormack, 395 U.S. 486 <1969), establishes that original jurlsdlctlon is only concurrent-given that decisions about particular disputes-not set the United States is not an indispensable party, a federal question is presented. Compare Ohio v. without whose joinder the suit could not proceed. Wyandotte Chemicals Corp., 401 U.S. 493, 498 n.3 ting broad, prospective policy. The Constitu On the other hand, It is difficult to assert that the <1971>. Accordingly, It would not affect this Court's tion charges the legislature in this special United States is ever an Improper party where any jurlsdlction if the United States were dismissed as a instance with doing what courts usually federal governmental matter ls in controversy. See, party. do-and, logically, excluding courts from e.g., 28 U.S.C. 2322 ; 28 It may be questioned whether Indiana, acting that process. 3 U.S.C. 2344 ; 28 merely as parens patrtae, can maintain an original U.S.C. 2403 ; 25 U.S.C. 201 ; 40 U.S.C. 270b <1923>; South Carolina v. Katzenbach, 383 U.S. at 279 U.S. 597, 613 <1029>: "Generally, the Senate is a ; 42 U.S.C. 1973h . There is, indeed, much to be said in Its sovereign capacity. South Carolina v. Katzen conferred on It by the Constitution certain powers for affording the Department of Justice an oppor bach, supra; Oregon v. Mitchell, supra; South Caro which are not legislative but Judicial in character. tunity to participate in such litigation. In sum, we lina v. Regan, No. 94, Orig. ; FERC v. Mis· returns and qualifications of Its own members. Art. United States as Improper. 8i88ipJ>i. 456 U.S. 742 <1982>. I, I 5, cl. l." See also 279 U.S. at 616: "In exercising 10016 CONGRESSIONAL RECORD-HOUSE May 1, 1985 b. This underscores some of the other cri The other case relied upon by plaintiffs is d. Indiana is asking more than that the teria for political questions set out in Baker Barry v. United States ex reL Cunningham, House's determination of the election be v. Carr. Judicial review in this case would 279 U.S. 597 <1929). There again, however, it overturned; it seems to be praying that the repeat precisely the job which has been was not ruled that scrutiny by a house of House be precluded even from reviewing the committed to the House of Representatives Congress of election returns was judicially State of Indiana's determination of that in the first instance, thereby "expressing reviewable. On the contrary: the Court indi election. The assertion is apparently that lack of respect due coordinate branches of cated repeatedly in dicta that it would not the House must accept the State's certifica government • • •." 369 U.S. at 217. For the be. In ruling that the Senate could subpoe tion of the election returns, or it will violate same reason, judicial review here necessarily na witnesses in the course of investigating Indiana's constitutional right to determine contains "the potentiality of embarrassment an election, the Court said that the judici the "Times, Places, and Manner of holding from multifarious pronouncements by vari ary could intervene in such cases only upon Elections for Senators and Representatives ous departments on one question." Ibid. As a clear showing that due process was being • • •."Art. I, § 4, Cl. 1. This cannot be right, the Court in Baker v. Carr pointed out, the denied-and stated that the Senate's ulti for it would contradict the more specific earmark of a classic political question is the mate judgment on elections was "beyond constitutional provision that "Ce1ach House presence of pronounced separation of the authority of any other tribunal to shall be the Judge of the Elections, Returns powers problems. 369 U.S. at 210. review." Id.. at 613. Similarly, the Court and Qualifications of its own Members Those separation of powers concerns are wrote that, when a member-elect to the • • •."See Roudebush v. Hartke, 405 U.S. at further dramatized here by the remedies Senate presented himself there (id. at 614): 25-26. The Court said in Barry v. United plaintiff seeks. They include forcing the "the jurisdiction of the Senate to determine States, 279 U.S. at 613, that in "exercising Speaker of the House to administer an oath the rightfulness of the claim was invoked this power Cof reviewing elections], the of office, compelling the House of Repre and its power to adjudicate such right at Senate may, of course, devolve upon a com sentatives to seat Mr. Mcintyre, and requir tached by virtue of section 5 of Article I of mittee of its members the authority to in ing the officers of the House to provide him the Constitution. Whether, pending this ad vestigate and report; and this is the general, all the "rights, privileges, powers, emolu judication, the credentials should be accept if not the uniform, practice." 11 ments, and services" of a Member. To say ed, the oath administered, and the full right that the enforcement of such a decree accorded to participate in the business of Plaintiff insists that the state certification would express "lack of respect" for the the Senate, was a matter within the discre be afforded a "presumption of validity." But House and create a "potentiality for embar tion of the Senate." that is really up to each house, as the judge rassment" is a gross understatement. The The Court went on to give one example, of its election returns. In any event, the extent to which judicial relief would necessi "Ca1mong the typical cases in the House, House may well be affording Just such a tate unseemly judicial interference in the where that body refused to seat members in presumption, albeit it is unwilling to risk business of the political branches is of advance of the investigation although pre seating and then unseating the Representa course a valid consideration in justiciability senting credentials unimpeachable in form tive from the Eighth Congressional District matters generally. Cf. Allen v. Wright, No. • • •." Id. at 615 n. •. Finally, the Court of Indiana. Plaintiff also stresses that there 81-757 : "Which candidate Cof the two in the tions, in any event, are two-edged; as the sought would be justiciable. Id. at 517-518, disputed election] is entitled to be seated in Court said in Barry v. United States, supra, 550. Moreover, the Court also observed; the Senate is, to be sure, a nonJusticiable "CT1he presumption in favor of regularity, "CF1ederal courts might still be barred by political question-a question that would which applies to the proceedings of courts, the political question doctrine from review not have been the business of this Court cannot be denied to the proceedings of the ing the House's factual determination that a even before the Senate voted. CCitation to Houses of Congress, when acting upon mat member did not meet one of the standing Powell v. McCormack omitted.]" Hartke pre ters within their constitutional authority." qualifications. This is an issue not presented sented the mirror image of this case: the ap 279 U.S. at 619. in this case and we express no view as to its parently victorious candidate was seeking to The clarity with which this controversy resolution." Id. at 521 n.42. The same plain prevent a recount by invoking the Senate's presents a political question is remarkable. ly applies to the House's review of "Elec Article l, § 5 power, and arguing that a re The House should be left to continue its re tions" and "Returns" as well, listed together count by the State would undercut the Sen count and Judge the elections and returns of with "Qualifications" in Article I, § 5. 4 ate's authority. In allowing the recount, the its own Members. What Powell did deal with was whether the Court acknowledged that the "State's verifi 2. The political question issue aside, the Court could define what the Constitution cation of the accuracy of election results Court should exercise its discretion in favor meant in Article I, § 5, when it said "Qualifi pursuant to its Art. I, § 4 powers is not total of declining to hear the case. cations." There is no like question in this ly separate from the Senate's power to The Court's jurisdiction here is neither case about the meaning of "Elections" and judge elections and returns," but made clear exclusive, 28 U.S.C. 1251(b)(2), nor manda "Returns." that the Senate could review those returns, tory. It has consistently been the Court's as the House is doing in the instant matter: philosophy that its original Jurisdiction "The Senate is free to accept or reject the should be exercised "sparingly." See, e.g., the power to judge the elections, returns and quali apparent winner • • •, and, if it chooses, to Artzona v. New Me:tico, 425 U.S. 794, 796 fications of its members, the Senate acts as a judi conduct its own recount" (405 U.S. at 25-26) United States Nevada, cial tribunal • • •." <1976); v. 412 U.S. The Court again alluded to this special function . The Court pointed out 534, 538 (1973>; lllinois v. City of Mtlwau in Buckley v. Valeo, 424 U.S. 1, 133 <1976>: "[Article that "Ct1he Senate itself has recounted the kee, 406 U.S. 91, 93 (1972>; Ohio v. WJ1an I,l Section 5 confers • • • a power 'judicial in char votes in close elections in States where dotte Chemical Corp.., 401 U.S. 493, 501 acter' upon each House of the Congress [citation to there was not recount procedure" ; Utah v. United States, 394 U.S. 89, 95 Barry v. Cunningham omitted]." n.24) . tion of evidence in election disputes, it was unlikely on the ground that the Court should have enjoined • With regard to plaintiff's claim that it is being that the statute in question allowed the Senators the state's recount so that the Senate could be sure deprived of its right to representation, Barry is also there to ask the courts to do so: "[The Senate] is that the ballots were reviewed in pristine form. The relevant <279 U.S. at 615-616>: "Not is there merit the Judge of the elections, returns, and qualifica partial dissent stated <405 U.S. at 30), that 'CtJhe in the suggestion that the effect of the refusal of tions of its members. Art. I, § 5. It is fully empow parties before the Court are apparently in agree the Senate to seat Ca member] pending investiga ered, and may determine such matters without the ment that • • • there has been a "textually demon tion was to deprive the state of its equal representa aid of the House of Representatives or the Execu strable constitutional commitment' to the Senate of the decision CwhoJ fusal of the Senate to seat a member pending in wrote that had the dispute there been over wheth • • • received more votes. Our case law agrees." quiry as to his election or qualifications is the nec er an elected candidate met one of the qualifica The dissent then went on to discuss Barry v. Cun essary consequence of the exercise of a constitu tions set out in the Constitution, then "the House ningham, aupra, and Reed v. Count11 Comm'n, 277 tional power, and no more deprives the state of its is the sole Judge." 395 U.S. at 552, citing Baker v. U.S. 376 <1928), concluding that "where all that la "equal suffrage" in the constitutional sense than Carr, 369 U.S. at 242 n.2 Again, presumably the at stake is a determination of which candidates at would a vote of the Senate vacating the seat of a same would be true for "Elections" and "Returns." tracted the greater number of ballots, each Chousel sitting member or a vote of expuls~on." May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10017 <1969); and Massachusetts v. Missouri. 308 ROGER CLEGG, Mr. PANETI'A. Allow me to com U.S. l, 18-20 <1939). The Court exercises Attorney. plete my statement, please. this discretion in the light of its increasing APRIL 1985. The clerks were supposed to act as a appellate docket-lllinois v. City of Milwau Mr. P ANET!'A. Mr. Speaker, I dam to prevent those illegal ballots kee, 406 U.S. at 93-94; Washington v. Gener regret that there are obviously larger al Motors Corp., 406 U.S. 109, 113 <1972>; Ar from going out to the precincts. A few izona v. New Mexico, 425 U.S. at 797-and, issues that go beyond the Eighth Dis of those ballots seeped through the more generally, "with an eye to promoting trict that are involved here that relate dam, and now what the Republicans the most effective functioning of tllis Court to abuse of the minority and the feel argue is that we ought to blow up the within the overall federal system.'' Texas v. ing that that is the case. Unfortunate dam and let the rest of the illegal bal New Mexico, 462 U.S. 554, 570 <1983). ly, I think that poisons the atmos lots that were retained by the clerks The Court noted in lllinois v. City of Mil phere in tenns of being able to weigh waukee, 406 U.S. at 93, that what is "appro the facts that are presented here in a be counted. priate" for the Court to hear in the exercise fair and objective way. I regret that, It is my view that we ought to re of its original jurisdiction involves both "the but that is the case. spect the performance of those clerks seriousness and dignity of the claim" and Nevertheless, I urge Members to who held those illegal ballots and did "the availability of another forum where not forward them on to the precincts. there is jurisdiction over the named parties, please look at the report and please where the issues may be litigated, and look at the facts that are involved Yes, there were judgments made where appropriate relief may be had." See here. here. Let us make no question about Maryland v. Louisiana, 451 U.S. 725, 739- The issue that is raised on the re it. Every time you deal with an elec 740 <1981>; Arizona v. New Mexico, 425 U.S. committal will relate to the ballot tion, there are judgments that have to at 796-797. This case fails to meet either cri issue, the illegal ballots that were not be made on a variety of issues and we terion. The immediacy of the claim-an im did that over 9 weeks. The GAO audi portant part of its "seriousness"-is under counted. Let me speak to that. mined by the fact that the House is now in At no time-at no time-did the task tors went to 233,000 ballots. They had the process of recounting the ballots, and it force intend to count illegal votes. At to make judgments. The teams had to is very much in doubt what the outcome no time, under House precedent or make judgments. We on the task force will be. The Court cited similar ripeness under any other rule. Our basic ap had to make judgments. problems in declining to assert its original proach was not to count illegal votes. Some of the ballots were counted, jurisdiction in United States v. Nevada, 412 Absentee ballots that are not author some were not, based on those judg U.S. at 540. ized and not signed are illegal votes. There are available, moreover, other judi ments. The question you have to ask cial forums for this dispute. It is, in fact, al We never intended to count those as Members of this House is: Were ready being litigated in the District of Co votes. those judgments justified, reasonable, lumbia Circuit, where it has been heard by What happened was, we found a mis and supported by House precedent? the District Court on an expedited basis, take, an error, not by the task force, The House precedent, when it comes and has now been briefed for the appellate not by the majority, but by the elec to counting illegal votes, is that you do court on an expedited schedule. Mcintyre v. tion officials in Indiana who, by mis a proportional reduction on the ones O'Neill, dismissed, Civ. No. 85-0528 CD.D.C. take, sent some 62 of those illegal bal that are counted. That is what the Mar. l, 1985), appeal docketed, No. 85-5212 lots out to the precincts. Fifty-two of CD.C. Cir. Mar. l, 1985). One plaintiff in House precedent is, if you want to that case is suing as a voter from the Eighth those were counted. That was a mis know what the law is with regard to District. Also, relief against the House es take. It should not have happened. those ballots. And if we did a propor sentially identical to that sought here is Once those 52 were counted, they were tional reduction or took those 10 votes asked for. Indiana itself is not precluded intermingled with other valid ballots. out, who would be the winner? from bringing an action in another forum; There was no way to go back and cor Mccloskey would be the winner, be nor does it appear to have been prevented rect that mistake. Ten were out there cause those ballots inured to the bene from joining the action now in progress in that were also at the precinct level. fit of Mr. Mcintyre. the District of Columbia Circuit. This Court One of those was open and not count could properly decline to exercise its juris So for that reason, my view was that diction, in any event, so long as the "issues" ed. we do not do a proportional reduction are being litigated in another forum and In It was our feeling and, frankly, the because I know what the attack would diana's "interests" will be "represented" gentleman from California [Mr. have been. "That is a very inexact there. See Arizona v. New Mexico, 425 U.S. THOMAS], agreed with us, that there is tool, and you hurt our candidate." So at 797; Maryland v. Louisiana, 451 U.S. at the potential for mischief when a pre we did not use that tool. In tenns of 743. Given the relief sought and the parties cinct worker can look at the name on represented, that is the situation here. that absentee ballot and decide wheth the proportional reduction, we count As the Court said in United States v. er or not that individual will be count ed the 10 and drew the line at that Nevada, 412 U.S. at 538, "We seek to exer class with regard to the ballots that cise our original jurisdiction sparingly and ed. In particular, when an envelope is were at the precinct, and that is sup are particularly reluctant to take jurisdic opened and that particular vote has ported by House precedent and, inci tion of a suit where the plaintiff has an not been counted. dentally, it is supported by Mr. Shum other adequate forum in which to settle his Mr. PASHAYAN. Mr. Speaker, will claim." See Maryland v. Louisiana, 451 U.S. the gentleman yield? way. There have been comments here at 744; lllinois v. City of Milwaukee, 406 Mr. P ANET!'A. Please let me finish that Mr. Shumway would support a re U.S. at 93; Washington v. General Motors my statement. count. Let me read to you from a Corp., 406 U.S. at 114; Massachusetts v. Mts letter that he sent to me yesterday I < Mr. Speaker, as a result of that, it souri. 308 U.S. at 19-20. In sum, the State of was our feeling that a mistake had stating: Indiana has wholly failed to establish the been made. Unfortunately, there were There have been remarks that I would "practical necessity" required for invoking additional ballots at the precinct level have counted those absentee ballots. I this Court's original jurisdiction. Texas v. would like to have the record accurately re New Mexico, 462 U.S. 554, 570 (1983>. that were subject to mischief and, therefore, that those votes ought to flect my position. I would say invalid bal Conclusion lots, whether absentee or otherwise, should The motion for leave to file an original also be counted, and as you know, they not be counted. complaint in this Court should be denied. counted six, three, and one in favor of Respectfully submitted. Mr. Mcintyre. That is Mr. Shum.way's position with REXE.LEE, The role of the task force, it seems regard to this issue. Solicitor General. to me, is to limit mistakes, not com One final reflection: If Mr. Mcintyre RICHARD K. WILLARD, pound mistakes. Those clerks were to had won this race, none of this would Acting Assistant Attorney General. serve-- have been an issue. Make no mistake LoUIS F. CLAIBORNE, Mr. THOMAS of California. Mr. about it. This would not be an issue Deputy Solicitor Speaker, will the gentleman yield on a that would have been raised at this General. point of error? On a point of error? time. Had we counted these illegal
) . 10018 CONGRESSIONAL RECORD-HOUSE May 1, 1985 votes and Mcintyre was not ahead, do Crane LaFalce Rinaldo Levin Owens Staggers Dannemeyer Lagomarsino Ritter Levine Panetta Stallings you think they would have stopped Daub Latta Roberts Upinski Pease Stark there? They would have argued that Davis Lent Rogers Lloyd Penny Stenholm we continue to count illegal votes, the DeLay Lewis Roth Long Pepper Stokes deceased votes, the late-arriving bal DeWine Lewis Roukema Lowry Perkins Stratton Dickinson Ughtfoot Rowland Luken Pickle Studds lots, until Mr. Mcintyre had somehow DioGuardi Uvingston Rudd Lundine Price Swift won. Doman Loeffler Saxton MacKay Rahall Synar The fact is that in looking at this Dreier Lott Schaefer Manton Rangel Tallon Duncan Lowery Schneider Markey Ray Tauzin election, the argument that now we Eckert Lujan Schuette Martinez Reid Thomas ought to count these illegal ballots, do Edwards Lungren Schulze Matsui Richardson Torres we want this election to turn on count Emerson Mack Sensenbrenner Mavroules Robinson Torricelli ing illegal votes? Would Mr. Mcclos Evans Madigan Shaw McCUrdy Rodino Towns Fawell Marlenee Shumway McHugh Roe Traficant key or Mr. Mcintyre want this election Fiedler Martin Shuster Mica Roemer Traxler to count based on counting illegal Fields Martin SilJander Mikulski Rose Udall votes? Is that something we want to Fish Mazzoli Skeen Miller Rostenkowski Valentine Franklin McCain Slaughter Mineta Rowland Vento justify? I do not think so. Frenzel McCandless Smith Mitchell Roybal Vlsclosky The 10 votes made no difference. As Gallo McCollum Smith Moakley Russo Volkmer I said, Mccloskey, if we took those 10 Gekas McDade Smith Schroeder Weiss ask as chairman of this task force. Gradison McKinney Snyder Mrazek Schumer Wheat The decisions were justified. They Green McMillan Solomon Murphy Seiberling Whitley Gregg Meyers Spence Murtha Sharp Whitten were supported, and they were right, Grotberg Michel Stangeland Natcher Shelby Williams and Mr. McCloskey ought to be seated. Hammerschmidt Miller Strang Neal Sikorski Wilson Mr. Speaker, I yield back the bal Hansen Miller Stump Nelson Sislsky Wirth Hartnett Molinari Sundquist Nichols Skelton Wise ance of my time. Hendon Monson Sweeney Nowak Slattery Wolpe Mr. Speaker, I move the previous Henry Moore Swindall Oakar Smith Wright question on the resolution. Hiler Moorhead Tauke Oberstar Smith Wyden Hillis Morrison Taylor Obey Solarz Yates MOTION TO RECOMMIT OFFERED BY MR. FRENZEL Holt Myers Thomas Olin Spratt Yatron Mr. FRENZEL. Mr. Speaker, I offer Hopkins Nielson VanderJagt Ortiz St Germain YoungCMO> a motion to recommit with instruc Horton O'Brien Vucanovich Hunter Oxley Walker NOT VOTING-4 tions. Hyde Packard Weber Gunderson Leach CIA> The SPEAKER pro tempore. Is the Ireland Parris Whitehurst Huckaby Weaver gentleman opposed to the resolution? Jeffords Pashayan Whittaker Johnson Petri Wolf 0 1600 Mr. FRENZEL. I am, Mr. Speaker. Kasich Porter Wortley The SPEAKER pro tempore. The Kemp Pursell Wylie Mr. MURPHY and Mr. MICA Clerk will report the motion. Kindness Quillen Young changed their votes from "yea" to The Clerk read as follows: Kolbe Regula Young Kramer Ridge Zschau "nay." Mr. FRENZEL moves to recommit H. Res. Mr. SCHAEFER changed his vote 146 to the Committee on House Administra NAYS-246 from "nay" to "yea." tion with instructions that the Committee Ackerman Collins Gaydos So the motion to recommit was be directed to count the otherwise valid un Addabbo Conyers GeJdenson rejected. notorized absentee ballots identified by the Akaka Cooper Gephardt Task Force on the Indiana Eighth Congres Alexander Coyne Gibbons The result of the vote was an sional District in Orange, Lawrence, Daviess Anderson Crockett Glickman nounced as above recorded. and Greene Counties and when that count Andrews Daniel Gonzalez The SPEAKER. The question is on Annunzlo Darden Gordon the resolution. is completed the Committee will certify the Anthony Daschle Gray winner and report their findings immediate Aspin de la Garza Gray CPA> The question was taken; and the ly to the House. Atkins Dellums Guarini Speaker announced that the ayes ap The SPEAKER pro tempore. With AuCoin Derrick HallCOH> peared to have it. Barnard Dicks Hall, Ralph out objection, the previous question is Barnes Dingell Hall, Sam Mr. FRENZEL. Mr. Speaker, on that ordered on the motion to recommit. Bates Dixon Hamilton I demand the yeas and nays. There was no objection. Bedell Donnelly Hatcher The yeas and nays were ordered. Beilenson Dorgan Hawkins The SPEAKER pro tempore. The Bennett Dowdy Hayes The vote was taken by electronic question is on the motion to recommit. Berman Downey Hefner device, and there were-yeas 236, nays The question was taken; and the Bevill Durbin Heftel 190, answered "present" 2, not voting Speaker pro tempore announced that Biaggi Dwyer Hertel 5, as follows: Boggs Dymally Howard the noes appeared to have it. Boland Dyson Hoyer CRoll No. 911 Mr. FRENZEL. Mr. Speaker, on that Boner Early Hubbard YEAS-236 I demand the yeas and nays. Bonlor Eckart Hughes Bonker Edgar Hutto Ackerman Boggs Clay The yeas and nays were ordered. Borski Edwards Jacobs Addabbo Boland Coelho The vote was taken by electronic Bosco English Jenkins Akaka Boner Coleman device, and there were-yeas 183, nays Boucher Erdreich Jones Alexander Bonlor Collins 246, not voting 4, as follows: Boxer Evans Jones Anderson Bonker Conyers Breaux Fascell Jones · Andrews Borski Cooper CRoll No. 901 Brooks Fazio KanJorski Annunzlo Bosco Coyne Anthony Boucher Crockett YEAS-183 Brown Feighan Kaptur Bruce Flippo Kastenmeier Applegate Boxer Daniel Applegate Boehlert Cheney Bryant Florio Kennelly Aspin Breaux Darden Archer Boulter Clinger Burton Foglletta Klldee Atkins Brooks Daschle Armey Broomfield Coats Bustamante Foley Kleczka AuCoin Brown de la Garza Badham Brown Cobey Byron Ford Kolter Barnes Bruce Dellum& Bartlett Broyhill Coble Carper Ford Kostmayer Bates Bryant Derrick Barton Burton Coleman Carr Fowler Lantos Bedell Burton Dicks Bateman Callahan Combest Chappell Frank Leath Bellenson Bustamante Dingell Bentley Campbell Conte Clay Frost Lehman Bennett Byron Dixon Bereuter Camey Coughlin Coelho Fuqua Lehman Berman Carper Donnelly Billrakis Chandler Courter Coleman Garcia Leland Bevill Carr Dorgan Bliley Chappie Craig Biaggi Chappell Dowdy May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10019 Downey Kostmayer Rostenkowski Marlenee Petri Smith, Robert Bllley Hiler Petri Durbin Lantos Rowland Martin Porter Snowe Boehlert Hillis Porter Dwyer Lehman Roybal Martin Pursell Snyder Boulter Holt Pursell Dymally Lehman Russo Mazzoli Quillen Solomon Broomfield Hopkins Quillen Dyson Leland Sabo McCain Regula Spence Broyhill Horton Regula Early Levin Savage McCandless Ridge Stallings Burton Hunter Ridge Eckart Levine Scheuer McCollum Rinaldo Stangeland Callahan Hyde Rinaldo Edgar Lipinski Schroeder McDade Ritter Stenholm Campbell Jeffords Ritter Edwards Lloyd Schumer McEwen Roberts Strang Camey Johnson Roberts Erdreich Long Seiberling McGrath Rogers Stump Chandler Kasich Rogers Evans Lowry Sharp McKeman Roth Sundquist Chapple Kemp Roth Fascell Luken Shelby McKinney Roukema Sweeney Cheney Kindness Roukema Fazio Lundine Sikorski McMillan Rowland Swindall Clinger Kolbe Rowland Feighan MacKay Sisisky Meyers Rudd Tauke Coats Kramer Rudd Flippo Manton Skelton Michel Saxton Taylor Cobey Lagomarsino Saxton Florio Markey Slattery Miller Schaefer Thomas Coble Latta Schaefer Foglietta Martinez Smith Miller Schneider VanderJagt Coleman Leach Schneider Foley Matsui Smith Molinari Schuette Vucanovich Combest Lent Schuette Ford Mavroules Solarz Monson Schulze Walker Conte Lewis Schulze Ford McCurdy Spratt Moore Sensenbrenner Weber Coughlin Lewis Sensenbrenner Fowler McHugh St Germain Moorhead Shaw Whitehurst Courter Lightfoot Shaw Frost Mica Staggers Morrison Shumway Whittaker Craig Livingston Shumway Fuqua Mikulski Stark Nielson Shuster Wolf Crane Loeffler Shuster Garcia Miller Stokes O'Brien Siljander Wortley Dannemeyer Lott SllJander Gaydos Mineta Stratton Olin Skeen Wylie Daub Lowery Skeen OeJdenson Mitchell Studds Oxley Slaughter Young Davis Lujan Slaughter Gephardt Moakley Swift Packard Smith Young DeLay Lungren Smith Gibbons Mollohan Synar Parris Smith Zschau DeWine Mack Smith Glickman Montgomery Tallon Pashayan Smith Dickinson Madigan Smith Gonzalez Morrison Tauzin Penny Smith, Denny DioOuardi Marlenee Smith, Denny Gordon Mrazek Thomas Doman Martin Smith, Robert Gray Murphy Torres ANSWERED ''PRESENT''-2 Dreier Martin Snowe Oray Murtha Torricelli English Frank Duncan McCain Snyder Guarini Natcher Towns Eckert McCandless Solomon Hall Neal Traficant NOT VOTING-5 Edwards Mccollum Spence Hamilton Nelson Traxler Gunderson Moody Weaver Emerson McDade Stangeland Hatcher Nichols Udall Huckaby Myers Evans McEwen Strang Hawkins Nowak Valentine Fawell McGrath Stump Hayes Oakar Vento D 1620 Fiedler- McKeman Sundquist Hefner Oberstar Visclosky Fields McKinney Sweeney Heftel Obey Volkmer So the resolution was agreed to. Fish McMillan Swindall Hertel Ortiz Walgren The result of the vote was an Franklin Meyers Tauke Howard Owens Watkins Frenzel Michel Taylor Hoyer Panetta Waxman nounced as above recorded. Gallo Miller Thomas Hubbard Pease Weiss A motion to reconsider was laid on Gekas Miller VanderJagt Hughes Pepper Wheat the table. Oilman Molinari Vucanovich Hutto Perkins Whitley Gingrich Monson Walker Jacobs Pickle Whitten Goodling Moore Weber Jenkins Price Williams MOTION TO ADJOURN Oradison Moorhead Whitehurst Jones Rahall Wilson Green Morrison Whittaker Jones Rangel Wirth The SPEAKER. For what purpose Gregg Myers Wolf Jones Ray Wise does the gentleman from Illinois CMr. Grotberg Nielson Wortley KanJorsld Reid Wolpe Hammerschmidt O'Brien Wylie Kaptur Richardson Wright MICHEL] rise? Hansen Oxley Young Kastenmeier Robinson Wyden Mr. MICHEL. Mr. Speaker, in view Hartnett Packard Young Kennelly Rodino Yates of that vote, the last vote, I move that Hendon Parris Zschau Klldee Roe Yatron Henry Pashayan Kleczka Roemer Young we adjourn. Kolter Rose The SPEAKER. Would the gentle NAYS-248 man withhold until the Chair has had Ackerman Bustamante Evans NAYS-190 an opportunity to swear in Mr. Addabbo Byron Fascell Archer Dannemeyer Hendon Mccloskey? Akaka Carper Fazio Armey Daub Henry Alexander Carr Feighan Badham Davis Hiler Mr. MICHEL. No, Mr. Speaker. Our Anderson Chappell Flippo Barnard DeLay Hillis purpose is to adjourn immediately in Andrews Clay Florio Bartlett DeWine Holt keeping with the precedent of the Annunzio Coelho Foglietta Barton Dickinson Hopkins Democratic Party back in 1890. Anthony Coleman Foley Bateman DioOuardi Horton Applegate Collins Ford Bentley Doman Hunter The SPEAKER. The gentleman ap Aspin Conyers Ford Bereuter Dreier Hyde preciates the fact that the motion is Atkins Cooper Fowler Blllrakis Duncan Ireland not debatable. AuCoin Coyne Frank Bllley Eckert Jeffords Barnard Crockett Frost Boehlert Edwards Johnson Mr. MICHEL. I understand, Mr. Barnes Daniel Fuqua Boulter Emerson Kasich Speaker. Bates Darden Garcia Broomfield Evans Kemp The SPEAKER. The question is on Bedell Daschle Gaydos Brown Fawell Kindness the motion to adjourn offered by the Bellenson de la Garza OeJdenson Broyhill Fiedler Kolbe Bennett Dellums Gephardt Burton Fields Kramer gentleman from Illinois CMr. MICHEL]. Berman Derrick Gibbons Callahan Fish LaFalce The question was taken; and the Bevill Dicks Glickman Campbell Franklin Lagomarsino Speaker announced that the noes ap Biaggl Dingell Gonzalez Camey Frenzel Latta Boggs Dixon Gordon Chandler Gallo Leach peared to have it. Boland Donnelly Oray Chappie Gekas Leath Mr. MICHEL. Mr. Speaker, on that I Boner Dorgan Oray Cheney Oilman Lent demand the yeas and nays. Bonior Dowdy Guarini Clinger Gingrich Lewis The yeas and nays were ordered. Bonker Downey Hall Coats Goodling Lewis Borski Durbin Hall, Ralph Cobey Oradison Lightfoot The votes was taken by electronic Bosco Dwyer Hall,Sam Coble Green Livingston device, and there were-yeas 179, nays Boucher Dymally Hamilton Coleman Gregg Loeffler 248, not voting 6, as follows: Boxer Dyson Hatcher Combest Grotberg Lott Breaux Early Hawkins Conte Hall, Ralph Lowery CRoll No. 92] Brooks Eckart Hayes Coughlin Hall, Sam Lujan YEAS-179 Brown Edgar Hefner Hammerschmidt Lungren Bruce Edwards Heftel Courter Bartlett Bentley Craig Hansen Mack Archer Bryant English Hertel Hartnett Madigan Armey Barton Bereuter Burton Erdreich Howard Crane Badham Bateman Blllrakis 10020 CONGRESSIONAL RECORD-HOUSE May 1, 1985 Hoyer Montgomery Sisisky EXECUTIVE ORDER PROHIBIT- APPOINTMENT AS MEMBERS OF Hubbard Moody Skelton Hughes Morrison Slattery ING TRADE AND CERTAIN THE BOARD OF DIRECTORS OF Hutto Mrazek Smith OTHER TRANSACTIONS IN- GALLAUDET COLLEGE Jacobs Murphy Smith VOLVING NICARAGUA-MES- Jenkins Murtha Solarz The SPEAKER. Pursuant to the Jones Natcher Spratt SAGE FROM THE PRESIDENT provisions of section 5, Public Law 83- Jones Neal St Germain OF THE UNITED STATES (H. 420, as amended, the Chair appoints as Jones Nelson Staggers DOC. NO. 99-65) KanJorski Nichols Stallings members of the Board of Directors of Kaptur Nowak Stark The SPEAKER laid before the Gallaudet College the following Mem Kasteruneier Oakar Stenholm House the following message from the bers on the part of the House: Kennelly Oberstar Stokes Kildee Obey Stratton President of the United States; which Mr. BONIOR of Michigan; and Kleczka Olin Studds was read and, together with the ac Mr. GUNDERSON of Wisconsin. Kolter Ortiz Swift companying papers, referred to the Kostmayer Owens Synar Committee on Foreign Affairs and or La.Falce Panetta Tallon dered to be printed: FURTHER LEGISLATIVE Lantos Pease Tauzin PROGRAM Leath Penny Thomas Pepper Torres Perkins Torricelli Senate of today, Wednesday, May l, Leland Pickle Towns 1985.) permission to address the House for 1 Levin Price Traficant minute.> Levine Rahall Traxler Mr. WRIGHT. Mr. Speaker, I have Lipinski Rangel Udall asked to proceed for the purpose of Lloyd Ray Valentine APPOINTMENT AS MEMBERS OF Long Reid Vento THE U.S. GROUP OF THE announcing our purpose with respect Lowry Richardson Visclosky NORTH ATLANTIC ASSEMBLY to the legislative program. Luken Robinson Volkmer It had been our intention at this Lundine Rodino Walgren The SPEAKER. Pursuant to the point, after recognition of our new MacKay Roe Watkins provisions of 22 U.S.C. 1928a, the Manton Roemer Waxman Member, Mr. MCCLOSKEY, that we Markey Rose Weiss Chair appoints as members of the U.S. would take up the State Department Martinez Rostenkowski Wheat Group of the North Atlantic Assembly authorization bill. The White House Matsui Rowland Whitley the following Members on the part of Mavroules Roybal Whitten and the State Department have been Mazzoll Russo Wilson the House: asking that we do so. But rather than McCUrdy Sabo Wirth / Mr. FAscELL of Florida, chairman; taking it up this afternoon in the ab McHugh Savage Wise Mica Scheuer Wolpe Mr. RosE of North Carolina, vice sence of our colleagues, we will plan to Mikulski Schroeder Wright chairman; take it up tomorrow and at least have Miller Schumer Wyden Mr. BROOKS of Texas; the general debate on the bill tomor Seiberling Yates Mineta Mr. ANNUNZIO of Illinois; row, at which time we trust that our Mitchell Sharp Yatron absent colleagues will have returned Moakley Shelby Young Mr. HAMILTON of Indiana; Mollohan Sikorski and be prepared to join in a responsi Mr. GARCIA of New York; ble, bipartisan approach to this impor NOT VOTING-6 Ms. OAKAR of Ohio; tant business of the House. Brown Huckaby Weaver It is our purpose that the ongoing Gunderson Ireland Williams Mrs. BURTON of California; Mr. BROOMFIELD of Michigan; business of the House will be conduct 0 1640 Mr. WHITEHURST of Virginia; ed with dignity and with respect for the rights of one another and that we Mr. CONTE changed his vote from Mr. O'BRIEN of Illinois; and shall continue in a constructive way "nay" to "yea." Mr. BADHAM of California. tomorrow. Mr. SMITH of Iowa and Mr. So that would be our purpose, Mr. BREAUX changed their votes from Speaker, that tomorrow we would en "yea" to "nay." APPOINTMENT AS MEMBERS OF tertain the general debate on the THE U.S. DELEGATION OF THE State Department authorization. So the motion to adjourn was reject MEXICO-UNITED STATES IN ed. Mr. SOLOMON. Mr. Speaker, will TERPARLIAMENTARY GROUP the gentleman yield on that issue, The result of the vote was an FOR THE lST SESSION OF THE nounced as above recorded. please? 99TH CONGRESS Mr. WRIGHT. Yes; I will be glad to The SPEAKER. Pursuant to the yield to the distinguished gentleman. SWEARING IN OF THE HONORA provisions of 22 U.S.C. 276h, the Chair Mr. SOLOMON. As a member of the BLE FRANK McCLOSKEY OF IN appoints as members of the U.S. dele subcommittee interested in that legis DIANA AS A MEMBER OF THE gation of the Mexico-United States In lation, is it the gentleman's intention HOUSE terparliamentary Group for the 1st that we will only have the debate and session of the 99th Congress the fol that there is no chance of going into The SPEAKER. It is the intention lowing Members on the part of the the 5-minute rule on amendments? at this particular time to have the In House: Mr. WRIGHT. I think probably we diana delegation present to the House Mr. DE LA GARZA of Texas, chairman; will just have the general debate. I the elected candidate. Mr. YATRON of Pennsylvania, vice think there ought to be some general Mr. McCLOSKEY appeared at the chairman; agreement on both sides of the aisle. It is not our purpose to make a fiat bar of the House and took the oath of Mr. ALEXANDER of Arkansas; office. that would determine that we would Mr. RA_NGEL of New· York; go into the votes on amendments. If The SPEAKER. The gentleman is a Mr. LELAND of Texas; we had been able to complete general Member of the Congress of the United debate today, it would have been nice; States. Mr. COLEMAN of Texas; Mr. LAGOMARSINO of California; we could have saved an extra day and gone into the amending process tomor Mr. DREIER of California; row. Under the circumstances, howev Mr. LoEFFLER of Texas; er, I think probably general debate to Mr. DELAY of Texas; and morrow may be all that we would hope Mr. McCAIN of Arizona. to accomplish. Tomorrow is, however, May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10021 Thursday, and I would encourage The Clerk called the committees. Mr. CONTE. Members to be here and be present. If Mr. MOORHEAD. we conclude general debate at a rea LEAVE OF ABSENCE Mr. LIGHTFOOT. sonable hour and there is a reasonable Mr.MCDADE. sense that there have been no dilatory By unanimous consent, leave of ab Mr. SOLOMON in two instances. motions or attempts to obstruct the sence was granted to: Mr. GUNDERSON Cat the request of Mr. GOODLING. proceedings of the House in its orderly Mr. LAGOMARSINO. conduct of its business, then we might Mr. MICHEL), for today on account of a expect to adjourn over until Monday, death in the family. Mr. JEFFORDS. and then, at a time when tempers Mr. WEAVER Cat the request of Mr. Mr. COURTER in two instances. have cooled and sober, solemn second WRIGHT), for this week, on account of Mr. LoWERY of California. thoughts have prevailed and people illness. Mr. CHANDLER. can come back in here with clear Mr. LEACH of Iowa. heads and clear eyes, then we could SPECIAL ORDERS GRANTED Mr. DUNCAN. proceed at that time with consider the gentleman yield for one further legislative program and any special Mr. EVANS of Illinois. question? orders heretofore entered, was granted Mr. CARR. Mr. WRIGHT. I yield to the gentle to: (The following Membei;s Cat the re Mr. FEIGHAN in three instances. man from New York. Mr. ROSTENKOWSKI. Mr. SOLOMON. The reason I asked quest of Mr. LoEFFLER) to revise and the question, both subcommittees of extend their remarks and include ex Mr. ROYBAL in two instances. the Foreign Affairs Committee and traneous material:> Mr. MARTINEZ. the full committee are planning meet Mr. HENDON, for 60 minutes, today. Mr. RANGEL in two instances. ings tomorrow, and if we are going to Mr. WALKER, for 60 minutes, today. Mr. DWYER of New Jersey. have amendments, I would hope that Mr. GROTBERG, for 5 minutes, today. Mr. JoNEs of Oklahoma. the majority and the minority could Mr. MYERS of Indiana, for 60 min- Mr. STALLINGS. come to an agreement as to whether utes, today. Mr. FASCELL in two instances. we were going to go under the 5- Mr. KOLBE, for 60 minutes, May 14. Mr. YATRON. minute rule, because we would have to (The following Members Cat the re Mr. UDALL in two instances. at that time object to these commit quest of Mr. HOYER) to revise and extend their remarks and include ex Mr. FAUNTROY. tees meeting during those, and we do Mr. TORRES. not want to do that. traneous material:> Mr. ALEXANDER, for 5 minutes, today. Mr. TRAF1cANT in two instances. 0 1650 Mr. NELSON of Florida, for 5 min- Mr. FRANK in two instances. Mr. WRIGHT. I am sure the gentle utes, today. Mr. BENNETT. man would not want to object, of Mr. PEPPER, for 5 minutes, today. Mr. EDGAR in two instances. course not. Mr. ANNUNz10, for 5 minutes, today. Mr. MONTGOMERY. The SPEAKER. If the majority Mr. MoAKLEY, for 5 minutes, today. Mr. RICHARDSON. leader would not mind, the House Mr. FORD of Michigan, for 5 minutes, Mr. SKELTON. could just take general debate and ad today. Mr. RoE in two instances. journ until Monday next. Mr. FRosT, for 5 minutes, today. Mr. HUCKABY. Mr. SOLOMON. That would be very Mr. RAY, for 30 minutes, today. Mr. FAZIO. Mr. Go~'7t\LEZ, for 60 minutes, today. helpful. Mr. DOWNEY of New York. The SPEAKER. We can consider Mr. Ro. .l!i, for 60 minutes, May 2. that if the gentleman has the approval Mr. MARTINEZ, for 5 minutes, May 2. Mr.RAY. on that side. The Chair has not seen Mr. DASCHLE, for 60 minutes, May 7. Mr. LEHMAN of Florida. their leadership. Mr. LIPINSKI, for 60 minutes, May 8. Mr. BERMAN in two instances. Mr. SOLOMON. Mr. Speaker, speak Mr. DE LA GARZA, for 60 minutes, Mr. WHITTEN. ing for the leadership, I am sure we May2. Mr. YOUNG of Missouri. can come to that agreement. Mrs. BOXER. The SPEAKER. I want to welcome EXTENSION OF REMARKS Mr. KOLTER in two instances. the gentleman back. Mr. MAZzoL1. Mr. WRIGHT. We will read from By unanimous consent, permission Mr. MILLER of California. the "Prodigal Son" tomorrow. to reviSe and extend remarks was Mr.MARKEY. Mr. SOLOMON. I thank the Speak granted to: er and I thank the majority leader. Mr. BEREUTER in four instances. Mr. MYERS of Indiana. Mr. Speak the bill tomorrow. er, I have a parliamentary inquiry. RETURN OF THE MINORITY FOLLOWING Mr. HYDE in three instances. Mr. BLILEY. The SPEAKER. The gentleman will SYMBOLIC WALKOUT state it. Mr. MICHEL. Mr. Speaker, we were Mr. DANNEMEYER in two instances. not going to stay away forever. Mr. PORTER. Mr. MYERS of Indiana. Mr. Speak Mr. BROOMFIELD. er, in view of the feelings here in this The SPEAKER. I am delighted to body and the lack of being able to see my old friend back. As Joe Louis Mr. RINALDO. Mr. RUDD. carry anything out, would it be proper said: "He can run, but he cannot to offet a motion to adjourn until hide." Mr. GREEN. Mr. DREIER of California in two in- July, and that the committees meet? stances. The SPEAKER. Not without permis CALENDAR WEDNESDAY Mr. WORTLEY in two instances. sion of the U.S. Senate. The SPEAKER. This is the day of Mr. nHUMWAY in two instances. Mr. MYERS of Indiana. Mr. Speak Calendar Wednesday. The Clerk will Mr. SUNDQUIST. er, I think we might work on it. Thank call the committees. Mrs. JoHNsoN. you. 10022 CONGRESSIONAL RECORD-HOUSE May 1, 1985 EXPRESSION OF APPRECIATION ant to Public Law 93-383, section 113 <91 Operations, Department of the Interior, Stat. 1124>; Public Law 88-560, section transmitting notification of proposed re (92 Stat. 2081; 93 Stat. 1101>; to the funds of excess royalty payments in an OCS given permission to address the House Committee on Banking, Finance and Urban area, pursuant to the act of August 7, 1953, for 1 minute.) Affairs. chapter 345, section lO; to the Committee Mr. McCLOSKEY. Thank you very 1166. A letter from the Executive Direc on Interior and Insular Affairs. much, Mr. Speaker. I will be very tor, D.C. Retirement Board, transmitting fi 1177. A letter from the Secretary of the brief. nancial disclosure statements of Board Interior, transmitting a report on the status Mr. Speaker, firstly, I would like to members for calendar year 1984, pursuant of the revenues from and the cost of con thank everyone in the House, person to Public Law 96-122, section 162 and structing, operating and maintaining each ally and institutionally, for their pa 164; to the Committee on the Dis lower basin unit of the Colorado River basin trict of Columbia. project for fiscal year 1984, pursuant to tience and tolerance in getting 1167. A letter from the Chairman, Nation Public Law 90-537, section 404; to the Com through the constitutional process and al Commission on Libraries and Information mittee on Interior and Insular Affairs. what we all know very likely has been Science, transmitting the Commission's 13th 1178. A letter from the Assistant Secre the closest congressional race in histo annual report of its activities for the period tary of the Interior, transmitting a draft of ry. I am really sorry for anyone on from October 1, 1983 through September 30, proposed legislation to authorize the Secre either side who has been saddened or 1984, pursuant to Public Law 91-345, section tary of the Interior to perform studies relat inconvenienced. 5<7>; to the Committee on Education and ing to disposal of drain water and to con Labor. struct interim corrective measures deemed Mr. Speaker, I just had a chance a 1168. A letter from the Acting Director, moment ago to talk to our gracious necessary for the San Luis interceptor Defense Security Assistance Agency, trans drain; to the Committee on Interior and In Republican colleagues, · BoB MICHEL mitting notice of the Navy's proposed letter sular Affairs. and TRENT LOTT, and said I appreciate to Pakistan fof defense articles and services 1179. A letter from the Acting Assistant the way that they have fought this; I estimated to cost $41 million or more ; to the Committee on Foreign Af Justice, transmitting the annual report of fairs. the activities and operations of the Public next 15 months in the House. 1169. A communication from the Presi As I said to them, Mr. Mcintyre ran Integrity Section covering calendar year dent of the United States, transmitting a 1984, pursuant to 28 U.S.C. 529 <92 Stat. a good campaign; he is a fine young report on Pakistan's nuclear program, pur man, and there are hard feelings on 1871>; to the Committee on the Judiciary. suant to 22 U.S.C. 2429-1; to the Committee 1180. A letter from the Controller, Boy both sides. on Foreign Affairs. Scouts of America, transmitting the audited I just want to say thank you to the 1170. A letter from the Assistant Secre financial report for the year ending Decem House as an institution. I love it, and I tary of State for Legislative and Intergov ber 31, 1984, pursuant to Public Law 88-504, know we can settle in and work to ernmental Affairs, transmitting a report of section 3 <36 U.S.C. 1103>; to the Committee political contribution by David George on the Judiciary. gether over the next 15 months. Newton, of Virginia, to be Ambassador Ex Thank you so much. traordinary and Plenipotentiary of the 1181. A letter from the Deputy Director, United States of America to the Republic of Judicial Conference of the United States, Iraq, pursuant to Public Law 96-465, section transmitting recommendations for the uni ADJOURNMENT 304<2>; to the Committee on Foreign Af form percentage adjustment of each dollar The SPEAKER. The Chair will en fairs. amount specified in title 11 regarding bank tertain a motion to adjourn. 1171. A letter from the Assistant Secre ruptcy administration and in 28 U.S.C. 1930 tary of State for Legislative and Intrgovern with respect to bankruptcy fees, pursuant to Mr. HOYER. Mr. Speaker, I move 11 U.S.C. 104 nt.; to the Committee on the that the House do now adjourn. mental Affairs, transmitting a report on po litical contributions by William Brown, of Judiciary. The motion was agreed to; accord New Hampshire, to be Ambassador Extraor 1182. A letter from the Secretary of ingly <2>; to the Committee on Foreign Af tion 4; to the Committee on Science and fairs. Technology. EXECUTIVE COMMUNICATIONS, 1172. A letter from the Acting Archivist of 1183. A letter from the Secretary, Depart ETC. the United States, transmitting a draft of ment of Energy, transmitting the sixth Under clause 2 of rule XXIV, execu proposed legislation to amend chapter 21 of annual report on the use of alcohol in fuels, title 44, United States Code, to permit the pursuant to Public Law 95-618, section tive communications were taken from Archivist of the United States to use funds 22l <94 Stat. 280>; to the Committee on the Speaker's table and referred as fol generated by the recovery of silver from the Ways and Means. lows: destruction or processing of film to support 1184. A letter from the Chairman, Nuclear 1163. A letter from the Deputy Assistant the processing of archival records; to the Regulatory Commission, transmitting a Secretary of Defense , transmitting notice of the Navy's 1173. A letter from the Administrator, nuclear facilities for the third calendar intent to exercise the provision for exclu Veterans' Administration, transmitting quarter of 1984, pursuant to Public Law 93- sion of the clause concerning examination notice of a computer matching program, 438, section 208; jointly, to the Committees of records by the Comptroller General from pursuant to 5 U.S.C. 552a; to the Com on Energy and Commerce and Interior and a proposed contract with the United King mittee on Government Operations. Insular Affairs. dom Government CUKGJ, pursuant to 10 1174. A letter from the Under Secretary, 1185. A letter from the Acting Archivist of U.S.C. 2313; to the Committee on Armed Department of Labor, transmitting the De the United States, transmitting a draft of Services. partment's annual report of its activities proposed legislation to amend chapter 18 of 1164. A letter from the President and under the Freedom of Information Act cov title 22, United States Code, to permit dis Chairman, Export-Import Bank of the ering calendar year 1984, pursuant to 5 semination of records of the U.S. Informa United States, transmitting a report on U.S.C. 552; to the Committee on Govern tion Agency that have been accessioned into loan, guarantee and insurance transactions ment Operations. the National Archives of the United States; supported by the Bank during March 1985 1175. A letter from the Acting Deputy As jointly, to the Committees on Government to Communist countries as a result of Presi sociate Director for Royalty Management Operations and Foreign Affairs. dential determinations, pursuant to 12 Operations, Department of the Interior, 1186. A letter from the Acting Assistant U.S.C. 635(b)(2); to the Committee on Bank transmitting notification of proposed re Attorney General, Office of Legislative and ing, Finance and Urban Affairs. funds of excess royalty payments in an OCS Intergovernmental Affairs, Department of 1165. A letter from the Secretary, Depart area, pursuant to the act of August 7, 1953, Justice, transmitting a draft of proposed ment of Housing and Urban Development, chapter 345, section lO; to the Committee legislation to authorize appropriations for transmitting the Department's 1985 consoli on Interior and Insular Affairs. the purpose of carrying out the activities of dated annual report on the community de 1176. A letter from the Acting Deputy As the Department of Justice for fiscal year velopment programs it administers, pursu- sociate Director for Royalty Management 1986 and for other purposes; jointly, to the May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10023 Committees on the Judiciary and Energy By Mr. GROTBERG: gram for the establishment and operation in and Commerce. H.R. 2302. A bill to amend title 39 of the the United States of international trade de 1187. A letter from the Under Secretary of United States Code to provide for congres velopment centers to enhance the exporta Labor, transmitting a proposed plan of sional review of proposed changes in postal tion of agricultural products and related action for assisting workers adversely affect services; to the Committee on Post Office products; jointly, to the Committees on Ag ed by imports of steel products, pursuant to and Civil Service. riculture and Foreign Affairs. 19 U.S.C. 2253 nt.; jointly, to the Commit By Mr. HENRY: By Mr. SMITH of New Jersey: tees on Ways and Means and Education and H.R. 2303. A bill to create a separate tariff H.J. Res. 275. Joint resolution posthu Labor. classification for imports of pigskin foot mously proclaiming Christopher Columbus 1188. A letter from the Secretary of wear; to the Committee on Ways and to be an honorary citizen of the United Energy, transmitting a report on biomass Means. States; to the Committee on the Judiciary. energy development for 1984, pursuant to By Mr. KASICH: Public Law 96-294, section 218; jointly, to By Mr. SOLARZ: H.R. 2304. A bill to amend title 10, United H. Con. Res. 135. Concurrent resolution the Committees on Agriculture, Energy and States Code, to limit payments to defense Commerce and Science and Technology. welcoming the Prime Minister of India, contractors for the expenses of air travel; to Rajiv Gandhi, on the occasion of his official the Cominittee on Armed Services. visit to the United States; to the Committee REPORTS OF COMMITTEES ON By Mr. McDADE: on Foreign Affairs. H.R. 2305. A bill to amend the Internal By Mr. PEPPER: PUBLIC BILLS AND RESOLU Revenue Code of 1954 to allow a deduction TIONS H. Res. 152. Resolution expressing the for commuting expenses of individuals with sense of the House of Representatives in op Under clause 2 of rule XIII, reports developmental disabilities; to the Commit position to any reduction in social security of committees were delivered to the tee on Ways and Means. benefits and to any interference with social Clerk for printing and reference to the By Mr. MANTON: security cost-of-living increases; to the Com H.R. 2306. A bill to suspend for a 3-year mittee on Ways and Means. proper calendar, as follows: period the duty on certain specialty yarns Mr. JONES of North Carolina: Committee used in the manufacture of wigs for dolls; to on Merchant Marine and Fisheries. H.R. the Committee on Ways and Means. 1157. A bill to authorize appropriations for By Mr. PEPPER: MEMORIALS fiscal year 1986 for certain maritime pro H.R. 2307. A bill to amend title XVIII of Under clause 4 of rule XXII, memo grams of the Department of Transportation the Social Security Act with respect to ef rials were presented and referred as and the Federal Maritime Commission; with fective dates of disenrollments of Medicare follows: amendments -phenazathionium chloride Civil Service. submit an annual report to Congress on the 104. Also, memorial of the Legislature of status of the implementation; to the Com to be used as a process sta bilizer in the manufacture of organic chemi the State of Nebraska, relative to the Veter mittee on Government Operations. ans Educational Assistance Act of 1984; to By Mr. DUNCAN: cals; to the Committee on Ways and Means. By Mr. SCHULZE posed amendments were submitted as thorized to be appropriated by this chapter and the amount contributed by the United follows: may not be made available for the United States to each such organization.".