February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E157 CHANGING THE WAYS AND MEANS willing to testify at the hearing. Since they VOTING OPPORTUNITY AND TECH- COMMITTEE ON BEHALF OF THE were the key witnesses, our hearing was fair- NOLOGY ENCHANCEMENT DEMOCRATS ly meaningless. The Chairman had said he RIGHTS (VOTER) ACT OF 2005 would support additional efforts if ‘‘laws had been broken.’’ Later independent analysis HON. FORTNEY PETE STARK from both CRS and GAO found that laws had HON. JOHN CONYERS, JR. OF CALIFORNIA indeed been broken, but the promised over- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES sight never materialized. IN THE HOUSE OF REPRESENTATIVES Wednesday, February 2, 2005 Separate from the Scully incident was the Wednesday, February 2, 2005 discovery that CMS had paid consultants to Mr. STARK. Mr. Speaker, when the Ways produce news videos on the Medicare pre- Mr. CONYERS. Mr. Speaker, today I rise to and Means Committee held our organizational scription drug bill. GAO found that these ads introduce on behalf of myself and 25 col- meeting earlier today, I offered an amendment were covert propaganda and should not have leagues the Voting Opportunity and Tech- to change the committee rules on behalf of the been allowed. In their report, the GAO Gen- nology Enhancement Rights Act, or the Democrats. My amendment would have al- eral Counsel stated, ‘‘In a modest but mean- VOTER Act of 2005, legislation that will help ingful way, the publicity or propaganda re- lowed the minority party to conduct oversight striction helps to mark the boundary be- ensure that all voters who are eligible to vote hearings on the administration when the ma- tween an agency making information avail- are able to vote and have their vote properly jority refused to do so. Such a change is vi- able to the public and agencies creating news counted in Federal elections. tally important because, with Republicans con- reports unbeknownst to the receiving audi- We have just experienced the second con- trolling both Congress and the White House, it ence.’’ secutive presidential election where issues is clear that they do not want to expose prob- Marriage Promotion: Now we’re discov- were raised concerning irregularities and im- lems that exist in the Bush administration. ering that the use of propaganda was not proprieties. For example, in Ohio we learned Below is my statement in support of the limited to promoting last year’s Medicare of the misallocation of voting machines, which amendment I offered. It was defeated on party bill. Everyone has already heard about the led to lines of 10 hours or more and Department of Education grant to conserv- disenfranchised scores, if not hundreds of lines. I encourage my colleagues and the pub- ative talk show host Armstrong Williams. lic to read this statement and take notice of But, that isn’t in our committee’s jurisdic- thousands, of predominantly minority voters. the fact that Congress’ duty to conduct over- tion. Other examples are however. We also learned of numerous incidents of sight is being undermined in this Republican- Thanks to the work of reporters at the voter intimidation, as well as the dissemination run House of Representatives. The full state- Washington Post, Salon and USA Today of misleading information. Members on both ment follows: (thankfully those entities still do oversight), sides of the aisle acknowledge that further re- As we consider changes to the Committee’s it has been discovered that HHS has provided forms are needed to ensure that all of our citi- rules, I have an amendment to offer on be- grants to columnists to promote Bush’s mar- zens’ rights to vote are protected. half of the Democrats. riage promotion agenda. As a result, the VOTER Act will provide for The purpose of my amendment is to re- Specifically, Maggie Gallagher, a syn- a uniform Federal write-in/absentee ballot; re- store the duty of oversight to our com- dicated columnist, was paid $21,500 to pro- quire states to provide for a verifiable audit mittee. Since President Bush took office, mote the Bush marriage agenda in her col- trail; ensure that provisional ballots cast any- House Republicans have decided that con- umns. She is president of the Institute for ducting oversight of the Administration is Marriage and Public Policy, a frequent tele- where in a state are counted; eliminate dis- not a necessary function. We’d like to fix vision guest, and has written on marriage for parities in the allocation of voting machines that. the New York Times, Wall Street Journal and poll workers among a state’s precincts; My amendment is very straightforward. It and Weekly Standard. She did not disclose mandate early voting and election day reg- would allow the Ranking Member to request that HHS had paid her to promote the mar- istration procedures; protect against improper in writing that the Chairman hold a hearing riage initiative when she was touting it in purging of registration lists in federal elections; regarding alleged ethical misconduct or any columns and on television. provide for a study regarding making election violation of the law by an Administration Michael McManus, a conservative author employee. If the Chairman chose not to hold day a public holiday; ease voter registration and self-proclaimed marriage expert, who requirements; allow voter identification by writ- a hearing within 30 calendar days, then the writes a syndicated column ‘‘Ethics & Reli- minority would be allowed to move forward gion’’ also received federal funds from HHS ten affidavit; study eliminating partisan election with an official Ways and Means Hearing. We to train ‘‘marriage mentors’’ ($4000) and officials from administering federal elections; would schedule it. We would invite the wit- $49,000 to promote marriage among unwed enhance training for election officials; require nesses. We would have subpoena authority as couples. He did not disclose this relationship the use of publicly available open source soft- well. when writing in support of the marriage ini- ware in voting machines; provide uniform Why is this amendment needed? tiative in his columns during this same time. standards for vote recounts; prohibit voting This amendment is vitally necessary be- Social Security: Last week, two Social Se- machine companies from engaging in political cause the Committee on Ways and Means is curity Administration employees came forth no longer doing its job with regard to pro- activities; and enhance legal protections to raise their concerns that government em- against voter intimidation and threats. tecting the integrity of the programs under ployees within SSA are being required to our jurisdiction. promote President Bush’s Social Security The legislation is supported by the NAACP, The lack of oversight is a problem across privatization agenda. Aside from being im- the NAACP Voter Fund, the Progressive our committees in Congress, but let me pro- proper, this is probably illegal as well. Our Democrats of America, the UAW, the Black vide three prime examples of this problem Senate Democratic Colleagues exposed this Leadership Forum, Rainbow Push, and the with the Ways and Means Committee’s juris- latest example of potential wrongdoing. National Voting Rights Institute. The legislation diction: Medicare: There are at least two inci- Mr. Chairman, these are three glaring ex- is the House counterpart to S. 17, legislation dents—that we know of—related to the Medi- amples of potential misuse of taxpayer funds introduced in the Senate by Senator CHRIS care debate from the 108th Congress. in areas all under the jurisdiction of our DODD on behalf of the Senate Democratic First, the Committee failed to fulfill its committee. Yet, we’ve done nothing to inves- Leadership. duties investigating former CMS Adminis- tigate these allegations to discover if they It is imperative that we have elections that trator Tom Scully’s actions to gag Chief Ac- are improper—or worse, to find out if the problems are even more widespread. count every vote of every eligible voter. A pro- tuary Rick Foster from responding to our re- visional ballot cast anywhere in the State of quests relating to the Medicare bill in 2003. Many of us on the Democratic side of the Given that I had always assumed we had a aisle have stepped up to investigate these al- Ohio should count just as it does in the State mutual interest in protecting the preroga- legations. We’ve requested GAO reports as of Iowa. There is no reason that voters in tives of the Committee and Congress, I was I’ve cited above. Unfortunately, there is no inner city areas should be forced to wait in surprised and disappointed that the majority enforcement for GAO when they find viola- long lines, while their counterparts in the sub- doesn’t apparently share this view. tions of the law. It is up to us in Congress to urbs are able to vote immediately. If voters in The Chairman may well try to make the pursue remedies or to change the law to pre- Oregon can vote early, why can’t voters in case that we held two hearings on this last vent future violations. Michigan; if citizens of Idaho enjoy same day year. While we did hold one routine hearing I urge my colleagues to support my amend- registration, why can’t voters in Florida; and if on the Trustees Report, which happens each ment. It seems very clear that Republicans year, the other one came about only because don’t intend to do this oversight on their voters in Wisconsin can have their elections Democrats forced it through the use of own. At least give us the ability to conduct administered by nonpartisan boards, why can’t House Rule 11. However, because we had no these hearings and do our best to protect the the rest of us? subpoena authority, neither Tom Scully nor taxpayers from the misuse of government re- If there is any issue that is central to our de- Domestic Policy Advisor Doug Badger were sources. mocracy, it is ensuring that eligible voters are

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.094 E02PT1 E158 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 able to participate in our elections. Enacting Section 8—Election Day Registration Requires that the Director of the National the VOTER Act of 2005 will help ensure that Permits any individual on the day of a Institute of Standards and Technology pro- we restore trust in our election system. Federal election to register to vote and to vide the EAC with the assistance needed to perform the duties required of it under this The following is a section-by-section of the cast a vote in such election. Requires the EAC to develop an election Act if such assistance is requested. VOTER Act: day registration form for elections for Fed- Provides for the necessary appropriations Section 1—Short Title and Table of Contents eral office. to the EAC to perform its duties under this Section 2—Findings and Purposes Section 9—Integrity of Voter Registration List Act. Details a number of concerns regarding Requires that not later than 45 days before Section 17—Additional Protections to Ensure fairness of federal elections that justify a any Federal election, each state shall pro- Fair Administration of Federal Elections federal legislative response. vide public notice of all names that have Provides that no individual may serve as Section 3—Enhanced Protections Against Voter been removed from the state voter registra- an election official at any polling place used Intimidation, Threats, Coercion, and Decep- tion list and that prior to the removal from for Federal office unless the individual has tion such a list, a voter must receive proper no- been certified through the poll worker cer- tice that will be prescribed by the EAC. tification program established by the EAC. Creates new requirement that unfair or de- Section 10—Early Voting Requires that each state shall ensure that ceptive acts or practices in or affecting vot- all voting machines used by the state for Requires that each state shall allow indi- ing in Federal elections are prohibited and elections for federal office use open source viduals to vote in an election for Federal of- the Attorney General is empowered and di- software which may be accessible for inspec- fice not less than 15 days prior to the day rected to prevent persons, partnerships, or tion by the public and that the standard for scheduled for such election in the same man- corporations from using unfair or deceptive public viewing of the open source code be es- ner as voting is allowed on election day. acts or practices in or affecting Federal elec- tablished by the EAC. Requires the EAC to issue standards for tions via civil or criminal remedy. Requires that the EAC will establish a na- the administration of early voting. Creates a corollary private right of action. tional standard for the conducting of a re- Provides that same day voter registration Amends 42 USC 1971 and 18 USC 245 to count of the results of any election for Fed- will occur during early voting. specify that deceptive and coercive voter in- eral office. timidation is unlawful. Section 11—Acceleration of Study on Election Prohibits states from entering into any Provides for an enhanced system for DOJ Day as Public Holiday agreement with an entity regarding the to track, document, and monitor election Requires the completion of a study on manufacture, distribution, installation, serv- irregularities. Election Day as a public holiday by the EAC icing, or other activity with respect to a vot- Section 4—National Federal Write-In Absentee no later than 6 months after the enactment ing machine if that entity contributes to a Ballot of this bill. campaign for public office and standards on Requires the Election Assistance Commis- Section 12—Improvements to Voting Systems such conflicts of interest will be established sion (EAC) to prescribe a national Federal Requires punch card systems to provide a by the EAC. write-in absentee ballot and that any person means of verification and audit ability. Section 18—Authorization of Appropriations qualified to vote in a Federal election be per- Section 13—Voter Registration Provides for the necessary appropriations mitted to cast a vote using that ballot. Requires voter registration forms to in- to the states to perform their duties under Provides that a federal write-in absentee clude an affidavit to be signed by the reg- this Act, $2 billion in 2006 and thereafter, ballot will be counted so long as the ballot is istrant attesting to both citizenship and age such sums as may be necessary. postmarked or signed before the close of the rather than having the registrant check Section 19—Effective Date polls on election day and received by the ap- boxes on the voter registration form attest- propriate State or election official on or be- Requires operative provisions to take ef- ing to both citizenship and age. fore the date which is 10 days after the date fect on January 1, 2007. Requires that any form developed or used of the election. by a State for voter registration in Federal f Section 5—Verified Ballots elections must include an affidavit attesting COMMENDING COUNTRIES AND OR- Provides that voting systems shall have an citizenship and age instead of the questions GANIZATIONS FOR MARKING independent means of voter verification and statements under HAVA sec. 303b4(A). which requires each voter to verify the bal- Requires states to establish voter registra- 60TH ANNIVERSARY OF LIBERA- lot before it is cast and counted with a tion through the Internet with the standard TION OF AUSCHWITZ paper, audio, pictorial, or electronic record established by the EAC. and that uniform and nondiscriminatory Section 14—Establishing Voter Identification SPEECH OF standards for such verified ballots be estab- Permits voter identification to be estab- lished by the EAC. HON. MICHAEL M. HONDA lished through a written affidavit when a OF CALIFORNIA Requires that any means of verification voter is voting in person or through the mail shall be preserved and made available for use and eliminates the need for any other form IN THE HOUSE OF REPRESENTATIVES in any audit. of identification, which has the effect of Tuesday, January 25, 2005 Requires that the EAC standards provide overruling the HAVA requirement that first for partial audits of voting machines to en- time voters who register by mail must pro- Mr. HONDA. Madam Speaker, I rise today sure that the voting machines are properly vide a photo ID when voting. to recognize a tragic anniversary, one which functioning and accurate and in the event Requires the EAC to establish the stand- we can never afford to forget. Last week, my that voting machines’ are not properly func- ards for establishing voter identification. colleagues and I voted unanimously in support tioning and accurate, the record of the Section 15—Impartial Administration of Elec- of a resolution commending countries and or- verified ballot will be used for the official tions vote count. ganizations for marking the 60th anniversary Requires that the EAC and the states will Requires that states issue a public notice of the liberation of Auschwitz-Birkenau and produce reports on the implementation of concerning any changes to the administra- urging a strengthening of the fight against rac- the verified ballot. tion of an election since the most recent ism, intolerance, bigotry, prejudice, discrimina- prior election. tion, and anti-Semitism. Section 6—Requirements for Counting Provi- Requires that states must provide access sional Ballots to any polling place to voting and civil January 27, 2005—marked the day 60 Requires that each state shall count any rights groups, and nonpartisan domestic and years ago that Soviet troops opened the gates provisional ballot which is cast at a polling international observers and that such access of the Auschwitz-Birkenau concentration camp place within the state if the individual who may be denied only through a public notice in Poland and liberated the Jewish prisoners cast such a ballot is otherwise eligible under that will be issued not later than 24 hours who had managed to survive the atrocities state law to vote. after such denial. committed within those walls. Section 7—Minimum Required Voting Systems Requires that the EAC conduct a study on I join with many others in remembering and Poll Workers in Precincts the administration of Federal elections in those who perished, in honoring their memory, Requires that each state shall provide for states by nonpartisan election boards, rather than Secretaries of State. and in promising survivors: ‘‘never again.’’ the minimum required number of func- Countries around the world will commemo- Section 16—Strengthening the Election Assist- tioning and accurate voting machines and rate this event as a reminder to us all of what poll workers for each precinct on the day of ance Commission any Federal election or during early voting Requires the EAC to submit any budget re- can befall humanity when we turn away from for any Federal election. quests to the Congress and all relevant injustice and fail to speak out when those in Requires the EAC to issue standards re- House and Senate Committees, in addition to power single out innocents for persecution. garding the minimum number of voting ma- the President or the Office of Budget and Together, we have made progress in bat- chines and poll workers. Management. tling anti-Semitism around the world. As part

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