H4384 CONGRESSIONAL RECORD — HOUSE August 24, 2021 SEC. 4011. APPLICABILITY OF ADJUSTMENTS TO child care or pre-kindergarten legislation ‘‘(C) the residents of that district who are not DISCRETIONARY SPENDING LIMITS. during the 117th Congress, the Congressional the members of the protected class usually vote Except as expressly provided otherwise, Budget Office shall consider funding for pro- sufficiently as a bloc to enable them to defeat the adjustments provided by section 251(b) of grams under the Head Start Act (42 U.S.C. the preferred candidates of the members of the the Balanced Budget and Emergency Deficit 9831 et seq.) to continue at baseline levels. protected class. Control Act of 1985 (2 U.S.C. 901(b)) shall not (b) EXCEPTION.—This section shall not ‘‘(2) Upon a plaintiff establishing the required apply to allocations, aggregates, or other apply to any bill or joint resolution making threshold showing under paragraph (1), a court budgetary levels established pursuant to this appropriations for discretionary accounts. shall conduct a totality of the circumstances concurrent resolution. SEC. 4016. EXERCISE OF RULEMAKING POWERS. analysis with respect to a claim of vote dilution SEC. 4012. BUDGETARY TREATMENT OF ADMINIS- Congress adopts the provisions of this to determine whether there was a violation of TRATIVE EXPENSES. subsection (a), which shall include the following (a) SENATE.— title— factors: (1) IN GENERAL.—In the Senate, notwith- (1) as an exercise of the rulemaking power ‘‘(A) The extent of any history of official vot- standing section 302(a)(1) of the Congres- of the Senate and the House of Representa- ing discrimination in the State or political sub- sional Budget Act of 1974 (2 U.S.C. 633(a)(1)), tives, and as such they shall be considered as division that affected the right of members of section 13301 of the Budget Enforcement Act part of the rules of each House or of that the protected class to register, to vote, or other- of 1990 (2 U.S.C. 632 note), and section 2009a House to which they specifically apply, and wise to participate in the political process. of title 39, United States Code, the report or such rules shall supersede other rules only to the joint explanatory statement accom- the extent that they are inconsistent with ‘‘(B) The extent to which voting in the elec- panying this concurrent resolution on the such other rules; and tions of the State or political subdivision is ra- budget or the statement filed pursuant to (2) with full recognition of the constitu- cially polarized. section 4006(a), as applicable, shall include in tional right of either the Senate or the ‘‘(C) The extent to which the State or political an allocation under section 302(a) of the Con- House of Representatives to change those subdivision has used voting practices or proce- gressional Budget Act of 1974 (2 U.S.C. 633(a)) rules (insofar as they relate to that House) dures that tend to enhance the opportunity for to the Committee on Appropriations of the at any time, in the same manner, and to the discrimination against the members of the pro- Senate of amounts for the discretionary ad- same extent as is the case of any other rule tected class, such as unusually large election ministrative expenses of the Social Security of the Senate or House of Representatives. districts, majority vote requirements, anti-single shot provisions, or other qualifications, pre- Administration and the United States Postal f Service. requisites, standards, practices, or procedures (2) SPECIAL RULE.—In the Senate, for pur- JOHN R. LEWIS VOTING RIGHTS that may enhance the opportunity for discrimi- poses of enforcing section 302(f) of the Con- ADVANCEMENT ACT OF 2021 nation against the members of the protected gressional Budget Act of 1974 (2 U.S.C. 633(f)), class. Mr. NADLER. Madam Speaker, pur- ‘‘(D) If there is a candidate slating process, estimates of the level of total new budget au- suant to House Resolution 601, I call up thority and total outlays provided by a whether the members of the protected class have measure shall include any discretionary the bill (H.R. 4) to amend the Voting been denied access to that process. amounts described in paragraph (1). Rights Act of 1965 to revise the criteria ‘‘(E) The extent to which members of the pro- (b) HOUSE OF REPRESENTATIVES.— for determining which States and polit- tected class in the State or political subdivision (1) IN GENERAL.—In the House of Represent- ical subdivisions are subject to section bear the effects of discrimination both public or atives, notwithstanding section 302(a)(1) of 4 of the Act, and for other purposes, private, in such areas as education, employ- the Congressional Budget Act of 1974 (2 and ask for its immediate consider- ment, health, housing, and transportation, U.S.C. 633(a)(1)), section 13301 of the Budget which hinder their ability to participate effec- ation. tively in the political process. Enforcement Act of 1990 (2 U.S.C. 632 note), The Clerk read the title of the bill. and section 2009a of title 39, United States ‘‘(F) Whether political campaigns have been Code, the report or the joint explanatory The SPEAKER pro tempore (Mrs. characterized by overt or subtle racial appeals. statement accompanying this concurrent BEATTY). Pursuant to House Resolution ‘‘(G) The extent to which members of the pro- resolution on the budget or the statement 601, the amendment printed in House tected class have been elected to public office in filed pursuant to section 4006(b), as applica- Report 117–117 is adopted and the bill, the jurisdiction. ble, shall include in an allocation under sec- as amended, is considered read. ‘‘(3) In conducting a totality of the cir- tion 302(a) of the Congressional Budget Act The text of the bill, as amended, is as cumstances analysis under paragraph (2), a court may consider such other factors as the of 1974 (2 U.S.C. 633(a)) to the Committee on follows: Appropriations of the House of Representa- court may determine to be relevant, including— tives of amounts for the discretionary ad- H.R. 4 ‘‘(A) whether there is a significant lack of re- ministrative expenses of the Social Security Be it enacted by the Senate and House of Rep- sponsiveness on the part of elected officials to Administration and the United States Postal resentatives of the United States of America in the particularized needs of the members of the Service. Congress assembled, protected class, including a lack of concern for (2) SPECIAL RULE.—In the House of Rep- SECTION 1. SHORT TITLE. or responsiveness to the requests and proposals resentatives, for purposes of enforcing sec- This Act may be cited as the ‘‘John R. Lewis of the members of the protected class, except tion 302(f) of the Congressional Budget Act of Voting Rights Advancement Act of 2021’’. that compliance with a court order may not be considered evidence of responsiveness on the 1974 (2 U.S.C. 633(f)), estimates of the level of SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDG- total new budget authority and total outlays MENT CLAIMS. part of the jurisdiction; and provided by a measure shall include any dis- (a) IN GENERAL.—Section 2(a) of the Voting ‘‘(B) whether the policy underlying the State cretionary amounts described in paragraph Rights Act of 1965 (52 U.S.C. 10301(a)) is amend- or political subdivision’s use of such voting (1). ed— qualification, prerequisite to voting, or stand- SEC. 4013. APPROPRIATE BUDGETARY ADJUST- (1) by inserting after ‘‘applied by any State or ard, practice or procedure is tenuous. MENTS IN THE HOUSE OF REP- political subdivision’’ the following: ‘‘for the ‘‘In making this determination, a court shall RESENTATIVES. purpose of, or’’; and consider whether the qualification, prerequisite, In the House of Representatives, the chair (2) by striking ‘‘as provided in subsection (b)’’ standard, practice, or procedure in question was of the Committee on the Budget of the House and inserting ‘‘as provided in subsection (b), (c), designed to advance and materially advances a of Representatives may make appropriate (d), or (f)’’. valid and substantiated State insterest.’’. budgetary adjustments of new budget au- (b) VOTE DILUTION.—Section 2(b) of such Act ‘‘(4) A class of citizens protected by subsection thority and the outlays flowing therefrom (52 U.S.C. 10301(b)) is amended— (a) may include a cohesive coalition of members pursuant to the adjustment authorities pro- (1) by inserting after ‘‘A violation of sub- of different racial or language minority vided by this concurrent resolution. section (a)’’ the following: ‘‘for vote dilution’’; groups.’’; and SEC. 4014. ADJUSTMENT FOR CHANGES IN THE (2) by inserting after the period at the end the (4) VOTE DENIAL OR ABRIDGEMENT.—Section 2 BASELINE IN THE HOUSE OF REP- of such Act (52 U.S.C. 10301), as amended by RESENTATIVES. following: ‘‘For the purposes of this sub- In the House of Representatives, the chair section:’’; subsections (a) and (b), is further amended by of the Committee on the Budget of the House (3) by adding at the end the following new adding at the end the following: of Representatives may adjust the alloca- paragraphs: ‘‘(c)(1) A violation of subsection (a) resulting tions, aggregates, and other appropriate ‘‘(1) To prevail, in demonstrating that a rep- in vote denial or abridgement is established if budgetary levels in this concurrent resolu- resentational, districting, or apportionment the challenged qualification, prerequisite, tion to reflect changes resulting from the scheme results in vote dilution, a plaintiff shall, standard, practice, or procedure— Congressional Budget Office’s updates to its as a threshold matter, establish that— ‘‘(A) results or will result in members of a pro- baseline for fiscal years 2022 through 2031. ‘‘(A) the members of the protected class are tected class facing greater costs or burdens in SEC. 4015. SCORING RULE IN THE SENATE FOR sufficiently numerous and geographically com- participating in the political process than other CHILD CARE AND PRE-KINDER- pact to constitute a majority in a single-member voters; and’’. GARTEN LEGISLATION. district; ‘‘(B) the greater costs or burdens are, at least (a) IN GENERAL.—In the Senate, for the ‘‘(B) the members of the protected class are in part, caused by or linked to social and histor- purposes of estimates with respect to any politically cohesive; and ical conditions that have produced or produce

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A24AU7.010 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4385 on the date of such challenge discrimination ‘‘(B) The use of an identical or similar quali- amended by striking ‘‘violations of the four- against members of the protected class. fication, prerequisite, standard, practice, or pro- teenth or fifteenth amendment’’ and inserting ‘‘In determining the existence of a burden for cedure in other States or jurisdictions. ‘‘violations of the 14th or 15th Amendment, vio- purposes of subparagraph (A), the absolute ‘‘(C) The availability of other forms of voting lations of this Act, or violations of any Federal number or the percent of voters affected or the unimpacted by the challenged qualification, law that prohibits discrimination in voting on presence of voters who are not members of a pro- prerequisite, standard, practice, or procedure to the basis of race, color, or membership in a lan- tected class in the affected area shall not be dis- all members of the electorate, including members guage minority group,’’. positive, and the affected area may be smaller of the protected class, unless the jurisdiction is (b) CONFORMING AMENDMENT.—Section 3(a) of than the jurisdiction to which the qualification, simultaneously expanding such other practices such Act (52 U.S.C. 10302(a)) is amended by prerequisite, standard, practice, or procedure to eliminate any disproportionate burden im- striking ‘‘violations of the fourteenth or fif- applies.’’ posed by the challenged qualification, pre- teenth amendment’’ and inserting ‘‘violations of ‘‘(2) The challenged qualification, pre- requisite, standard, practice, or procedure. the 14th or 15th Amendment, violations of this requisite, standard, practice, or procedure need ‘‘(D) Unsubstantiated defenses that the quali- Act, or violations of any Federal law that pro- only be a but-for cause of the discriminatory re- fication, prerequisite, standard, practice, or pro- hibits discrimination in voting on the basis of sult described in paragraph (1) or perpetuate cedure is necessary to address criminal activity. race, color, or membership in a language minor- pre-existing burdens or costs. ‘‘(d)(1) A violation of subsection (a) for the ity group,’’. ‘‘(3)(A) The factors that are relevant to a to- purpose of vote denial or abridgement is estab- lished if the challenged qualification, pre- SEC. 5. CRITERIA FOR COVERAGE OF STATES AND tality of the circumstances analysis with respect POLITICAL SUBDIVISIONS. requisite, standard, practice, or procedure is in- to a claim of vote denial or abridgement pursu- (a) DETERMINATION OF STATES AND POLITICAL tended, at least in part, to dilute minority vot- ant to this subsection include the following: SUBDIVISIONS SUBJECT TO SECTION 4(a).— ing strength or to deny or abridge the right of ‘‘(i) The extent of any history of official vot- (1) IN GENERAL.—Section 4(b) of the Voting any citizen of the United States to vote on ac- ing-related discrimination in the State or polit- Rights Act of 1965 (52 U.S.C. 10303(b)) is amend- count of race, color, or in contravention of the ical subdivision that affected the right of mem- ed to read as follows: guarantees set forth in section 4(f)(2). bers of the protected class to register, to vote, or ‘‘(b) DETERMINATION OF STATES AND POLIT- ‘‘(2) Discrimination on account of race, color, otherwise to participate in the political process. ICAL SUBDIVISIONS SUBJECT TO REQUIREMENTS.— or in contravention of the guarantees set forth ‘‘(ii) The extent to which voting in the elec- ‘‘(1) EXISTENCE OF VOTING RIGHTS VIOLATIONS in section 4(f)(2) need only be one purpose of a tions of the State or political subdivision is ra- DURING PREVIOUS 25 YEARS.— qualification, prerequisite, standard, practice, cially polarized. ‘‘(A) STATEWIDE APPLICATION.—Subsection (a) or procedure to demonstrate a violation of sub- ‘‘(iii) The extent to which the State or polit- applies with respect to a State and all political ical subdivision has used photographic voter section (a). ‘‘(3) A qualification, prerequisite, standard, subdivisions within the State during a calendar identification requirements, documentary proof practice, or procedure intended to dilute minor- year if— of citizenship requirements, documentary proof ‘‘(i) fifteen or more voting rights violations oc- ity voting strength or to make it more difficult of residence requirements, or other voting prac- for minority voters to cast a ballot that will be curred in the State during the previous 25 cal- tices or procedures, beyond those required by counted violates this subsection even if an addi- endar years; ‘‘(ii) ten or more voting rights violations oc- Federal law, that may impair the ability of tional purpose of the qualification, prerequisite, curred in the State during the previous 25 cal- members of the minority group to participate standard, practice, or procedure is to benefit a fully in the political process. particular political party or group. endar years, at least one of which was com- ‘‘(iv) The extent to which minority group ‘‘(4) The context for the adoption of the chal- mitted by the State itself (as opposed to a polit- members bear the effects of discrimination, both lenged qualification, prerequisite, standard, ical subdivision within the State); or public and private, in areas such as education, practice, or procedure, including actions by offi- ‘‘(iii) three or more voting rights violations oc- employment, health, housing, and transpor- cial decisionmakers before the challenged quali- curred in the State during the previous 25 cal- tation, which hinder their ability to participate fication, prerequisite, standard, practice, or pro- endar years and the State itself administers the effectively in the political process. cedure, may be relevant to a violation of this elections in the State or political subdivisions in ‘‘(v) The use of overt or subtle racial appeals subsection. which the voting rights violations occurred. either in political campaigns or surrounding ‘‘(5) Claims under this subsection require ‘‘(B) APPLICATION TO SPECIFIC POLITICAL SUB- adoption or maintenance of the challenged proof of a discriminatory impact but do not re- DIVISIONS.—Subsection (a) applies with respect practice. quire proof of a violation pursuant to subsection to a political subdivision as a separate unit dur- ‘‘(vi) The extent to which members of the mi- (b) or (c).’’. ing a calendar year if three or more voting nority group have been elected to public office ‘‘(e) For purposes of this section, the term ‘af- rights violations occurred in the subdivision in the jurisdiction, provided that the fact that fected area’ means any geographic area, in during the previous 25 calendar years. the minority group is too small to elect can- which members of a protected class are affected ‘‘(2) PERIOD OF APPLICATION.— didates of its choice shall not defeat a claim of by a qualification, prerequisite, standard, prac- ‘‘(A) IN GENERAL.—Except as provided in sub- vote denial or abridgment. tice, or procedure allegedly in violation of this paragraph (B), if, pursuant to paragraph (1), ‘‘(vii) Whether there is a lack of responsive- section, within a State (including any Indian subsection (a) applies with respect to a State or ness on the part of elected officials to the par- lands).’’. political subdivision during a calendar year, ticularized needs of minority group members, in- SEC. 3. RETROGRESSION. subsection (a) shall apply with respect to such cluding a lack of concern for or responsiveness Section 2 of the Voting Rights Act of 1965 (52 State or political subdivision for the period— to the requests and proposals of the group, ex- U.S.C. 10301 et seq.), as amended by section 2 of ‘‘(i) that begins on January 1 of the year in cept that compliance with a court order may not this Act, is further amended by adding at the which subsection (a) applies; and be considered evidence of responsiveness on the end the following: ‘‘(ii) that ends on the date which is 10 years part of the jurisdiction. ‘‘(f) A violation of subsection (a) is established after the date described in clause (i). ‘‘(viii) Whether the policy underlying the when a State or political subdivision enacts or ‘‘(B) NO FURTHER APPLICATION AFTER DECLAR- State or political subdivision’s use of the chal- seeks to administer any qualification or pre- ATORY JUDGMENT.— lenged qualification, prerequisite, standard, requisite to voting or standard, practice, or pro- ‘‘(i) STATES.—If a State obtains a declaratory practice, or procedure is tenuous. In making a cedure with respect to voting in any election judgment under subsection (a), and the judg- determination under this clause, a court shall that has the purpose of or will have the effect ment remains in effect, subsection (a) shall no consider whether the qualification, prerequisite, of diminishing the ability of any citizens of the longer apply to such State pursuant to para- standard, practice, or procedure in question was United States on account of race or color, or in graph (1)(A) unless, after the issuance of the de- designed to advance and materially advances a contravention of the guarantees set forth in sec- claratory judgment, paragraph (1)(A) applies to valid and substantiated State interest. tion 4(f)(2), to participate in the electoral proc- the State solely on the basis of voting rights vio- ‘‘(ix) Subject to paragraph (4), such other fac- ess or elect their preferred candidates of choice. lations occurring after the issuance of the de- tors as the court may determine to be relevant. This subsection applies to any action taken on claratory judgment. ‘‘(B) The factors described in subparagraph or after January 1, 2021, by a State or political ‘‘(ii) POLITICAL SUBDIVISIONS.—If a political (A), individually and collectively, shall be con- subdivision to enact or seek to administer any subdivision obtains a declaratory judgment sidered as a means of establishing that a voting such qualification or prerequisite to voting or under subsection (a), and the judgment remains practice amplifies the effects of past or present standard, practice or procedure. in effect, subsection (a) shall no longer apply to discrimination in violation in subsection (a). ‘‘(g) Notwithstanding the provisions of sub- such political subdivision pursuant to para- ‘‘(C) A plaintiff need not show any particular section (f), final decisions of the United States graph (1), including pursuant to paragraph combination or number of factors to establish a District Court of the District of Columbia on ap- (1)(A) (relating to the statewide application of violation of subsection (a). plications or petitions by States or political sub- subsection (a)), unless, after the issuance of the ‘‘(4) The factors that are relevant to a totality divisions for preclearance under section 5 of any declaratory judgment, paragraph (1)(B) applies of the circumstances analysis with respect to a changes in voting prerequisites, standards, prac- to the political subdivision solely on the basis of claim of vote denial or abridgement do not in- tices, or procedures, supersede the provisions of voting rights violations occurring after the clude the following: subsection (f).’’. issuance of the declaratory judgment. ‘‘(A) The degree to which the challenged qual- SEC. 4. VIOLATIONS TRIGGERING AUTHORITY OF ‘‘(3) DETERMINATION OF VOTING RIGHTS VIOLA- ification, prerequisite, standard, practice, or COURT TO RETAIN JURISDICTION. TION.—For purposes of paragraph (1), a voting procedure has a long pedigree or was in wide- (a) TYPES OF VIOLATIONS.—Section 3(c) of the rights violation occurred in a State or political spread use at some earlier date. Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is subdivision if any of the following applies:

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‘‘(A) JUDICIAL RELIEF; VIOLATION OF THE 14TH the right of any citizen of the United States to ‘‘(1) DETERMINATION OF ELIGIBILITY.— OR 15TH AMENDMENT.—Any final judgment, or vote on account of race, color, or membership in ‘‘(A) IN GENERAL.—After making a determina- any preliminary, temporary, or declaratory re- a language minority group, violated subsection tion under subsection (b)(1)(A) that the provi- lief (that was not reversed on appeal), in which 4(e) or 4(f) or section 2, 201, or 203 of this Act, sions of subsection (a) apply with respect to a the plaintiff prevailed or a court of the United or created an undue burden on the right to vote State and all political subdivisions within the States found that the plaintiff demonstrated a in connection with a claim that the consent de- State, the Attorney General shall determine if likelihood of success on the merits or raised a se- cree, settlement, or other agreement unduly bur- any political subdivision of the State is eligible rious question with regard to race discrimina- dened voters of a particular race, color, or lan- for an exemption under this subsection, and tion, in which any court of the United States guage minority group, that finding shall count shall publish, in the Federal Register, a list of determined that a denial or abridgement of the as an independent violation. all such political subdivisions. Any political right of any citizen of the United States to vote ‘‘(F) MULTIPLE VIOLATIONS.—Each voting subdivision included on such list is not subject on account of race, color, or membership in a qualification or prerequisite to voting or stand- to any requirement under section 5 until the language minority group occurred, or that a ard, practice, or procedure with respect to vot- date on which any application under this sec- voting qualification or prerequisite to voting or ing, including each redistricting plan, found to tion has been finally disposed of or no such ap- standard, practice, or procedure with respect to be a violation by a court of the United States plication may be made. voting created an undue burden on the right to pursuant to subsection (a) or (b), or prevented ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this vote in connection with a claim that the law un- from enforcement pursuant to subsection (c) or subsection may be construed to provide— duly burdened voters of a particular race, color, (d), or altered or abandoned pursuant to sub- ‘‘(i) that the determinations made pursuant to or language minority group, in violation of the section (e) shall count as an independent viola- the creation of the list shall have any binding or 14th or 15th Amendment, anywhere within the tion. Within a redistricting plan, each violation preclusive effect; or State or subdivision. found to discriminate against any group of vot- ‘‘(ii) that inclusion on the list— ‘‘(B) JUDICIAL RELIEF; VIOLATIONS OF THIS ers based on race, color, or language minority ‘‘(I) constitutes a final determination by the ACT.—Any final judgment, or any preliminary, group shall count as an independent violation. Attorney General that the listee is eligible for an temporary, or declaratory relief (that was not ‘‘(4) TIMING OF DETERMINATIONS.— exemption pursuant to this subsection or that, reversed on appeal) in which the plaintiff pre- ‘‘(A) DETERMINATIONS OF VOTING RIGHTS VIO- in the case of the listee, the provisions of sub- vailed or a court of the United States found that LATIONS.—As early as practicable during each paragraphs (A) through (F) of subsection (a)(1) the plaintiff demonstrated a likelihood of suc- calendar year, the Attorney General shall make are satisfied; or cess on the merits or raised a serious question the determinations required by this subsection, ‘‘(II) entitles the listee to any exemption pur- with regard to race discrimination, in which including updating the list of voting rights vio- any court of the United States determined that suant to this subsection. lations occurring in each State and political ‘‘(2) ELIGIBILITY.—A political subdivision that a voting qualification or prerequisite to voting subdivision for the previous calendar year. or standard, practice, or procedure with respect submits an application under paragraph (3) ‘‘(B) EFFECTIVE UPON PUBLICATION IN FED- shall be eligible for an exemption under this to voting was imposed or applied or would have ERAL REGISTER.—A determination or certifi- been imposed or applied anywhere within the subsection only if, during the ten years pre- cation of the Attorney General under this sec- ceding the filing of the application, and during State or subdivision in a manner that resulted tion or under section 8 or 13 shall be effective or would have resulted in a denial or the pendency of such application— upon publication in the Federal Register.’’. ‘‘(A) no test of device referred to in subsection abridgement of the right of any citizen of the (2) CONFORMING AMENDMENTS.—Section 4(a) United States to vote on account of race, color, (a)(1) has been used within such political sub- of such Act (52 U.S.C. 10303(a)) is amended— division for the purpose or with the effect of de- or membership in a language minority group, in (A) in paragraph (1), in the first sentence of nying or abridging the right to vote on account violation of subsection 4(e) or 4(f) or section 2, the matter preceding subparagraph (A), by of race or color or in contravention of the guar- 201, or 203 of this Act. striking ‘‘any State with respect to which’’ and antees of subsection (f)(2); ‘‘(C) FINAL JUDGMENT; DENIAL OF DECLARA- all that follows through ‘‘unless’’ and inserting ‘‘(B) no final judgment of any court of the TORY JUDGMENT.—In a final judgment (that was ‘‘any State to which this subsection applies dur- United States, other than the denial of declara- not been reversed on appeal), any court of the ing a calendar year pursuant to determinations tory judgment under this section, has deter- United States has denied the request of the made under subsection (b), or in any political mined that denials or abridgements of the right State or subdivision for a declaratory judgment subdivision of such State (as such subdivision to vote on account of race or color have oc- under section 3(c) or section 5, and thereby pre- existed on the date such determinations were curred anywhere in the territory of such polit- vented a voting qualification or prerequisite to made with respect to such State), though such ical subdivision or that denials or abridgements voting or standard, practice, or procedure with determinations were not made with respect to of the right to vote in contravention of the guar- respect to voting from being enforced anywhere such subdivision as a separate unit, or in any antees of subsection (f)(2) have occurred any- within the State or subdivision. political subdivision with respect to which this where in the territory of such subdivision and ‘‘(D) OBJECTION BY THE ATTORNEY GENERAL.— subsection applies during a calendar year pur- no consent decree, settlement, or agreement has The Attorney General has interposed an objec- suant to determinations made with respect to been entered into resulting in any abandonment tion under section 3(c) or section 5, and thereby such subdivision as a separate unit under sub- of a voting practice challenged on such grounds; prevented a voting qualification or prerequisite section (b), unless’’; and no declaratory judgment under this section to voting or standard, practice, or procedure (B) in paragraph (1) in the matter preceding shall be entered during the pendency of an ac- with respect to voting from being enforced any- subparagraph (A), by striking the second sen- tion commenced before the filing of an action where within the State or subdivision. A viola- tence; tion per this subsection has not occurred where (C) in paragraph (1)(A), by striking ‘‘(in the under this section and alleging such denials or an objection has been withdrawn by the Attor- case of a State or subdivision seeking a declara- abridgements of the right to vote; ney General, unless the withdrawal was in re- tory judgment under the second sentence of this ‘‘(C) no Federal examiners or observers under sponse to a change in the law or practice that subsection)’’; this Act have been assigned to such political served as the basis of the objection. A violation (D) in paragraph (1)(B), by striking ‘‘(in the subdivision; under this subsection has not occurred where case of a State or subdivision seeking a declara- ‘‘(D) such political subdivision and all govern- the objection is based solely on a State or polit- tory judgment under the second sentence of this mental units within its territory have complied ical subdivision’s failure to comply with a proce- subsection)’’; with section 5 of this Act, including compliance dural process that would not otherwise con- (E) in paragraph (3), by striking ‘‘(in the case with the requirement that no change covered by stitute an independent violation of this act. of a State or subdivision seeking a declaratory section 5 has been enforced without ‘‘(E) CONSENT DECREE, SETTLEMENT, OR OTHER judgment under the second sentence of this sub- preclearance under section 5, and have repealed AGREEMENT.—A consent decree, settlement, or section)’’; all changes covered by section 5 to which the other agreement was adopted or entered by a (F) in paragraph (5), by striking ‘‘(in the case Attorney General has successfully objected or as court of the United States or contained an ad- of a State or subdivision which sought a declar- to which the United States District Court for the mission of liability by the defendants, which re- atory judgment under the second sentence of District of Columbia has denied a declaratory sulted in the alteration or abandonment of a this subsection)’’; judgment; voting practice anywhere in the territory of (G) by striking paragraphs (7) and (8); and ‘‘(E) the Attorney General has not interposed such State or subdivision that was challenged (H) by redesignating paragraph (9) as para- any objection (that has not been overturned by on the ground that the practice denied or graph (7). a final judgment of a court) and no declaratory abridged the right of any citizen of the United (b) CLARIFICATION OF TREATMENT OF MEM- judgment has been denied under section 5, with States to vote on account of race, color, or mem- BERS OF LANGUAGE MINORITY GROUPS.—Section respect to any submission by or on behalf of the bership in a language minority group in viola- 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is plaintiff or any governmental unit within its tion of subsection 4(e) or 4(f) or section 2, 201, amended by striking ‘‘race or color,’’ and insert- territory under section 5, and no such submis- or 203 of this Act, or the 14th or 15th Amend- ing ‘‘race, color, or in contravention of the sions or declaratory judgment actions are pend- ment. An extension or modification of an agree- guarantees of subsection (f)(2),’’. ing; and ment as defined by this subsection that has been (c) ADMINISTRATIVE BAILOUT.— ‘‘(F) such political subdivision and all govern- in place for ten years or longer shall count as (1) IN GENERAL.—Section 4 of the Voting mental units within its territory— an independent violation. If a court of the Rights Act of 1965 (52 U.S.C. 10303) is amended ‘‘(i) have eliminated voting procedures and United States finds that an agreement itself as by adding at the end the following: methods of election which inhibit or dilute equal defined by this subsection denied or abridged ‘‘(g) ADMINISTRATIVE BAILOUT.— access to the electoral process;

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A24AU7.013 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4387 ‘‘(ii) have engaged in constructive efforts to serting after ‘‘the United States District Court of the political subdivision’s voting-age popu- eliminate intimidation and harassment of per- for the District of Columbia issues a declaratory lation; or sons exercising rights protected under this Act; judgment under this section’’ the following: ‘‘, ‘‘(ii) a single language minority group rep- and or, in the case of a political subdivision, the At- resents 20 percent or more of the voting-age pop- ‘‘(iii) have engaged in other constructive ef- torney General issues an exemption under sub- ulation on Indian lands located in whole or in forts, such as expanded opportunity for conven- section (g)’’. part in the political subdivision. ient registration and voting for every person of (B) EXPIRATION OF TIME LIMIT.—On the date ‘‘(2) CHANGES TO JURISDICTION BOUNDARIES.— voting age and the appointment of minority per- that is 1 year after the effective date of this sub- Any change or series of changes within a year sons as election officials throughout the juris- section, section 4(g)(3) of the Voting Rights Act to the boundaries of a jurisdiction that reduces diction and at all stages of the election and reg- of 1965 (52 U.S.C. 10303(g)(3)) is amended by by 3 or more percentage points the proportion of istration process. striking ‘‘During the 1 year period beginning on the jurisdiction’s voting-age population that is ‘‘(3) APPLICATION PERIOD.—Not later than 90 the effective date of this subsection, such 90-day comprised of members of a single racial group or days after the publication of the list under period shall be extended by an additional 30 language minority group in a State or political paragraph (1), a political subdivision included days.’’. For purposes of any periods under such subdivision where— on such list may submit an application, con- section commenced as of such date, the 90-day ‘‘(A) two or more racial groups or language taining such information as the Attorney Gen- period shall remain extended by an additional minority groups each represent 20 percent or eral may require, for an exemption under this 30 days. more of the political subdivision’s voting-age subsection. The Attorney General shall provide SEC. 6. DETERMINATION OF STATES AND POLIT- population; or notice in the Federal Register of such applica- ICAL SUBDIVISIONS SUBJECT TO ‘‘(B) a single language minority group rep- tion. PRECLEARANCE FOR COVERED resents 20 percent or more of the voting-age pop- ‘‘(4) COMMENT PERIOD.—During the 90-day PRACTICES. ulation on Indian lands located in whole or in period beginning on the date that notice is pub- The Voting Rights Act of 1965 (52 U.S.C. 10301 part in the political subdivision. lished under paragraph (3), the Attorney Gen- et seq.) is further amended by inserting after ‘‘(3) CHANGES THROUGH REDISTRICTING.—Any eral shall give interested persons an opportunity section 4 the following: change to the boundaries of election districts in to submit objections to the issuance of an ex- ‘‘SEC. 4A. DETERMINATION OF STATES AND PO- a State or political subdivision where any racial emption under this subsection to a political sub- LITICAL SUBDIVISIONS SUBJECT TO group or language minority group that is not division on the basis that the political subdivi- PRECLEARANCE FOR COVERED the largest racial group or language minority sion is not eligible under paragraph (2) to the PRACTICES. group in the jurisdiction and that represents 15 Attorney General. During the 1 year period be- ‘‘(a) PRACTICE-BASED PRECLEARANCE.— percent or more of the State or political subdivi- ginning on the effective date of this subsection, ‘‘(1) IN GENERAL.—Each State and each polit- sion’s voting-age population experiences a popu- such 90-day period shall be extended by an ad- ical subdivision shall— lation increase of at least 20 percent of its vot- ditional 30 days. The Attorney General shall no- ‘‘(A) identify any newly enacted or adopted ing-age population, over the preceding decade tify the political subdivision of each objection law, regulation, or policy that includes a voting (as calculated by the Bureau of the Census submitted and afford the political subdivision qualification or prerequisite to voting, or a under the most recent decennial census), in the an opportunity to respond. standard, practice, or procedure with respect to jurisdiction. ‘‘(5) DETERMINATION AS TO OBJECTIONS.—In voting, that is a covered practice described in ‘‘(4) CHANGES IN DOCUMENTATION OR QUALI- the case of a political subdivision with respect to subsection (b); and FICATIONS TO VOTE.—Any change to require- which an objection has been submitted under ‘‘(B) ensure that no such covered practice is ments for documentation or proof of identity to paragraph (4), the following shall apply: implemented unless or until the State or political vote or register to vote that will exceed or be ‘‘(A) CONSIDERATION OF OBJECTIONS.—The At- subdivision, as the case may be, complies with more stringent than such requirements under torney General shall consider and respond to subsection (c). State law on the day before the date of enact- each such objection (and any response of the ‘‘(2) DETERMINATIONS OF CHARACTERISTICS OF ment of the John R. Lewis Voting Rights Ad- political subdivision thereto) during the 60 day VOTING-AGE POPULATION.— vancement Act of 2021; and further, if a State period beginning on the day after the comment ‘‘(A) IN GENERAL.—As early as practicable has in effect a requirement that an individual period under paragraph (4) concludes. during each calendar year, the Attorney Gen- present identification as a condition of receiving ‘‘(B) JUSTIFIED OBJECTIONS.—If the Attorney eral, in consultation with the Director of the and casting a ballot in an election for Federal General determines that any such objection is Bureau of the Census and the heads of other office, if the State does not permit the individual justified, the Attorney General shall publish no- relevant offices of the government, shall make to meet the requirement and cast a ballot in the tice in the Federal Register denying the applica- the determinations required by this section re- election in the same manner as an individual tion for an exemption under this subsection. garding voting-age populations and the charac- who presents identification— ‘‘(C) UNJUSTIFIED OBJECTIONS.—If the Attor- teristics of such populations, and shall publish ‘‘(A) in the case of an individual who desires ney General determines that no objection sub- a list of the States and political subdivisions to to vote in person, by presenting the appropriate mitted is justified, each person that submitted which a voting-age population characteristic de- State or local election official with a sworn writ- such an objection may, not later than 90 days scribed in subsection (b) applies. ten statement, signed by the individual under after the end of the period established under ‘‘(B) PUBLICATION IN THE FEDERAL REG- penalty of perjury, attesting to the individual’s subparagraph (A), file, in the District Court of ISTER.—A determination or certification of the identity and attesting that the individual is eli- the District of Columbia, an action for judicial Attorney General under this paragraph shall be gible to vote in the election; and review of such determination in accordance with effective upon publication in the Federal Reg- ‘‘(B) in the case of an individual who desires chapter 7 of title 5, United States Code. ister. to vote by mail, by submitting with the ballot ‘‘(6) EXEMPTION.—The Attorney General may ‘‘(b) COVERED PRACTICES.—To assure that the the statement described in subparagraph (A). issue an exemption, by publication in the Fed- right of citizens of the United States to vote is ‘‘(5) CHANGES TO MULTILINGUAL VOTING MATE- eral Register, from the application of the provi- not denied or abridged on account of race, color, RIALS.—Any change that reduces multilingual sions of subsection (a) with respect to a political or membership in a language minority group as voting materials or alters the manner in which subdivision that— a result of the implementation of certain quali- such materials are provided or distributed, ‘‘(A) is eligible under paragraph (2); and fications or prerequisites to voting, or stand- where no similar reduction or alteration occurs ‘‘(B) with respect to which no objection under ards, practices, or procedures with respect to in materials provided in English for such elec- was submitted under paragraph (4) or deter- voting newly adopted in a State or political sub- tion. mined to be justified under paragraph (5). division, the following shall be covered practices ‘‘(6) CHANGES THAT REDUCE, CONSOLIDATE, OR ‘‘(7) JUDICIAL REVIEW.—Except as otherwise subject to the requirements described in sub- RELOCATE VOTING LOCATIONS, OR REDUCE VOTING explicitly provided in this subsection, no deter- section (a): OPPORTUNITIES.—Any change that reduces, con- mination under this subsection shall be subject ‘‘(1) CHANGES TO METHOD OF ELECTION.—Any solidates, or relocates voting locations, includ- to review by any court, and all determinations change to the method of election— ing early, absentee, and election-day voting lo- under this subsection are committed to the dis- ‘‘(A) to add seats elected at-large in a State or cations, or reduces days or hours of in-person cretion of the Attorney General. political subdivision where— voting on any Sunday during a period occurring ‘‘(8) SAVINGS CLAUSE.—If a political subdivi- ‘‘(i) two or more racial groups or language mi- prior to the date of an election during which sion was not subject to the application of the nority groups each represent 20 percent or more voters may cast ballots in such election, or pro- provisions of subsection (a) by reason of a de- of the political subdivision’s voting-age popu- hibits the provision of food or non-alcoholic claratory judgment entered prior to the effective lation; or drink to persons waiting to vote in an election date of this subsection, and such political sub- ‘‘(ii) a single language minority group rep- except where the provision would violate prohi- division has not violated any eligibility require- resents 20 percent or more of the voting-age pop- bitions on expenditures to influence voting— ment set forth in paragraph (2) at any time ulation on Indian lands located in whole or in ‘‘(A) in one or more census tracts wherein two thereafter, then that political subdivision shall part in the political subdivision; or or more language minority groups or racial not be subject to the requirements of subsection ‘‘(B) to convert one or more seats elected from groups each represent 20 percent or more of the (a).’’. a single-member district to one or more at-large voting-age population of the political subdivi- (2) CONFORMING AMENDMENT.— seats or seats from a multi-member district in a sion; or (A) IN GENERAL.—Section 4(a)(1) of the Voting State or political subdivision where— ‘‘(B) on Indian lands wherein at least 20 per- Rights Act of 1965 (52 U.S.C. 10303(a)(1)), as ‘‘(i) two or more racial groups or language mi- cent of the voting-age population belongs to a amended by this Act, is further amended by in- nority groups each represent 20 percent or more single language minority group.

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‘‘(7) NEW LIST MAINTENANCE PROCESS.—Any ‘‘(4) PURPOSE OF PARAGRAPH (2).—The purpose of an election for Federal office, each State or change to the maintenance of voter registration of paragraph (2) of this subsection is to protect political subdivision with responsibility for allo- lists that adds a new basis for removal from the the ability of such citizens to elect their pre- cating registered voters, voting machines, and list of active registered voters or that incor- ferred candidates of choice. official poll workers to particular precincts and porates new sources of information in deter- ‘‘(d) ENFORCEMENT.—The Attorney General or polling places shall provide reasonable public mining a voter’s eligibility to vote, wherein such any aggrieved citizen may file an action in a notice in such State or political subdivision and a change would have a statistically significant Federal district court to compel any State or po- on the website of a State or political subdivision, disparate impact on the removal from voter rolls litical subdivision to satisfy the obligations set of the information described in paragraph (2) of members of racial groups or language minor- forth in this section. Such actions shall be heard for precincts and polling places within such ity groups that constitute greater than 5 percent and determined by a court of three judges under State or political subdivision. The public notice of the voting-age population— section 2284 of title 28, United States Code. In described in this paragraph, in such State or po- ‘‘(A) in the case of a political subdivision im- any such action, the court shall provide as a litical subdivision and on the website of a State posing such change if— remedy that any voting qualification or pre- or political subdivision, shall be in a format that ‘‘(i) two or more racial groups or language mi- requisite to voting, or standard, practice, or pro- is reasonably convenient and accessible to per- nority groups each represent 20 percent or more cedure with respect to voting, that is the subject sons with disabilities who are eligible to vote, of the voting-age population of the political sub- of the action under this subsection be enjoined including persons who have low vision or are division; or unless the court determines that— blind. ‘‘(ii) a single language minority group rep- ‘‘(1) the voting qualification or prerequisite to ‘‘(2) INFORMATION DESCRIBED.—The informa- resents 20 percent or more of the voting-age pop- voting, or standard, practice, or procedure with tion described in this paragraph with respect to ulation on Indian lands located in whole or in respect to voting, is not a covered practice de- a precinct or polling place is each of the fol- part in the political subdivision; or lowing: ‘‘(B) in the case of a State imposing such scribed in subsection (b); or ‘‘(2) the State or political subdivision has com- ‘‘(A) The name or number. change, if two or more racial groups or lan- ‘‘(B) In the case of a polling place, the loca- guage minority groups each represent 20 percent plied with subsection (c) with respect to the cov- tion, including the street address, and whether or more of the voting-age population of— ered practice at issue. such polling place is accessible to persons with ‘‘(i) the State; or ‘‘(e) COUNTING OF RACIAL GROUPS AND LAN- ‘‘(ii) a political subdivision in the State, ex- GUAGE MINORITY GROUPS.—For purposes of this disabilities. cept that the requirements under subsections (a) section, the calculation of the population of a ‘‘(C) The voting-age population of the area and (c) shall apply only with respect to each racial group or a language minority group shall served by the precinct or polling place, broken such political subdivision. be carried out using the methodology in the down by demographic group if such breakdown ‘‘(c) PRECLEARANCE.— guidance promulgated in the Federal Register is reasonably available to such State or political ‘‘(1) IN GENERAL.—Whenever a State or polit- on February 9, 2011 (76 Fed. Reg. 7470). subdivision. ical subdivision with respect to which the re- ‘‘(f) SPECIAL RULE.—For purposes of deter- ‘‘(D) The number of registered voters assigned quirements set forth in subsection (a) are in ef- minations under this section, any data provided to the precinct or polling place, broken down by fect shall enact, adopt, or seek to implement any by the Bureau of the Census, whether based on demographic group if such breakdown is reason- covered practice described under subsection (b), estimation from sample or actual enumeration, ably available to such State or political subdivi- such State or subdivision may institute an ac- shall not be subject to challenge or review in sion. tion in the United States District Court for the any court. ‘‘(E) The number of voting machines assigned, District of Columbia for a declaratory judgment ‘‘(g) MULTILINGUAL VOTING MATERIALS.—In including the number of voting machines acces- that such covered practice neither has the pur- this section, the term ‘multilingual voting mate- sible to persons with disabilities who are eligible pose nor will have the effect of denying or rials’ means registration or voting notices, to vote, including persons who have low vision abridging the right to vote on account of race, forms, instructions, assistance, or other mate- or are blind. color, or membership in a language minority rials or information relating to the electoral ‘‘(F) The number of official paid poll workers group, and unless and until the court enters process, including ballots, provided in the lan- assigned. ‘‘(G) The number of official volunteer poll such judgment such covered practice shall not guage or languages of one or more language mi- workers assigned. be implemented. Notwithstanding the previous nority groups.’’. sentence, such covered practice may be imple- ‘‘(H) In the case of a polling place, the dates SEC. 7. PROMOTING TRANSPARENCY TO EN- and hours of operation. mented without such proceeding if the covered FORCE THE VOTING RIGHTS ACT. practice has been submitted by the chief legal ‘‘(3) UPDATES IN INFORMATION REPORTED.—If (a) TRANSPARENCY.— officer or other appropriate official of such a State or political subdivision makes any (1) IN GENERAL.—The Voting Rights Act of State or subdivision to the Attorney General and change in any of the information described in 1965 (52 U.S.C. 10301 et seq.) is amended by in- the Attorney General has not interposed an ob- paragraph (2), the State or political subdivision serting after section 5 the following new section: jection within 60 days after such submission, or shall provide reasonable public notice in such upon good cause shown, to facilitate an expe- ‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES State or political subdivision and on the website dited approval within 60 days after such submis- TO PROTECT VOTING RIGHTS. of a State or political subdivision, of the change sion, the Attorney General has affirmatively in- ‘‘(a) NOTICE OF ENACTED CHANGES.— in the information not later than 48 hours after dicated that such objection will not be made. ‘‘(1) NOTICE OF CHANGES.—If a State or polit- the change occurs or, if the change occurs fewer Neither an affirmative indication by the Attor- ical subdivision makes any change in any quali- than 48 hours before the date of the election for ney General that no objection will be made, nor fication or prerequisite to voting or standard, Federal office, as soon as practicable after the the Attorney General’s failure to object, nor a practice, or procedure with respect to voting in change occurs. The public notice described in declaratory judgment entered under this section any election for Federal office that will result in this paragraph and published on the website of shall bar a subsequent action to enjoin imple- the qualification or prerequisite, standard, prac- a State or political subdivision shall be in a for- mentation of such covered practice. In the event tice, or procedure being different from that mat that is reasonably convenient and acces- the Attorney General affirmatively indicates which was in effect as of 180 days before the sible to persons with disabilities who are eligible that no objection will be made within the 60-day date of the election for Federal office, the State to vote, including persons who have low vision period following receipt of a submission, the At- or political subdivision shall provide reasonable or are blind. torney General may reserve the right to reexam- public notice in such State or political subdivi- ‘‘(c) TRANSPARENCY OF CHANGES RELATING TO ine the submission if additional information sion and on the website of the State or political DEMOGRAPHICS AND ELECTORAL DISTRICTS.— comes to the Attorney General’s attention dur- subdivision, of a concise description of the ‘‘(1) REQUIRING PUBLIC NOTICE OF CHANGES.— ing the remainder of the 60-day period which change, including the difference between the Not later than 10 days after making any change would otherwise require objection in accordance changed qualification or prerequisite, standard, in the constituency that will participate in an with this section. Any action under this section practice, or procedure and the prerequisite, election for Federal, State, or local office or the shall be heard and determined by a court of standard, practice, or procedure which was pre- boundaries of a voting unit or electoral district three judges in accordance with the provisions viously in effect. The public notice described in in an election for Federal, State, or local office of section 2284 of title 28, United States Code, this paragraph, in such State or political sub- (including through redistricting, reapportion- and any appeal shall lie to the Supreme Court. division and on the website of a State or polit- ment, changing from at-large elections to dis- ‘‘(2) DENYING OR ABRIDGING THE RIGHT TO ical subdivision, shall be in a format that is rea- trict-based elections, or changing from district- VOTE.—Any covered practice described in sub- sonably convenient and accessible to persons based elections to at-large elections), a State or section (b) that has the purpose of or will have with disabilities who are eligible to vote, includ- political subdivision shall provide reasonable the effect of diminishing the ability of any citi- ing persons who have low vision or are blind. public notice in such State or political subdivi- zens of the United States on account of race, ‘‘(2) DEADLINE FOR NOTICE.—A State or polit- sion and on the website of a State or political color, or membership in a language minority ical subdivision shall provide the public notice subdivision, of the demographic and electoral group, to elect their preferred candidates of required under paragraph (1) not later than 48 data described in paragraph (3) for each of the choice denies or abridges the right to vote with- hours after making the change involved. geographic areas described in paragraph (2). in the meaning of paragraph (1) of this sub- ‘‘(b) TRANSPARENCY REGARDING POLLING ‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The geo- section. PLACE RESOURCES.— graphic areas described in this paragraph are as ‘‘(3) PURPOSE DEFINED.—The term ‘purpose’ in ‘‘(1) IN GENERAL.—In order to identify any follows: paragraphs (1) and (2) of this subsection shall changes that may impact the right to vote of ‘‘(A) The State as a whole, if the change ap- include any discriminatory purpose. any person, prior to the 30th day before the date plies statewide, or the political subdivision as a

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A24AU7.013 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4389 whole, if the change applies across the entire tion 3 of the Americans with Disabilities Act of lieve that any person has implemented or will political subdivision. 1990.’’. implement any voting qualification or pre- ‘‘(B) If the change includes a plan to replace (2) CONFORMING AMENDMENT.—Section 3(a) of requisite to voting or standard, practice, or pro- or eliminate voting units or electoral districts, such Act (52 U.S.C. 10302(a)) is amended by cedure that would (A) deny any citizen the right each voting unit or electoral district that will be striking ‘‘in accordance with section 6’’. to vote in violation of the 14th, 15th, 19th, 24th, replaced or eliminated. (b) EFFECTIVE DATE.—The amendment made or 26th Amendments, or (B) would violate this ‘‘(C) If the change includes a plan to establish by subsection (a)(1) shall apply with respect to Act (except for section 4A) or any other Federal new voting units or electoral districts, each such changes which are made on or after the expira- law that prohibits discrimination on the basis of new voting unit or electoral district. tion of the 60-day period which begins on the race, color, or membership in a language minor- ‘‘(3) DEMOGRAPHIC AND ELECTORAL DATA.— date of the enactment of this Act. ity group in the voting process, an aggrieved The demographic and electoral data described in SEC. 8. AUTHORITY TO ASSIGN OBSERVERS. person or (in the name of the United States) the this paragraph with respect to a geographic (a) CLARIFICATION OF AUTHORITY IN POLIT- Attorney General may institute’’; and area described in paragraph (2) are each of the ICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE.— (2) by striking ‘‘, and including an order di- following: rected to the State and State or local election of- ‘‘(A) The voting-age population, broken down Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to ficials to require them (1) to permit persons list- by demographic group. ed under chapters 103 to 107 of this title to vote ‘‘(B) If it is reasonably available to the State read as follows: and (2) to count such votes’’. or political subdivision involved, an estimate of ‘‘(B) in the Attorney General’s judgment, the (c) JUDICIAL RELIEF.—Section 204 of the Vot- the population of the area which consists of citi- assignment of observers is otherwise necessary ing Rights Act of 1965 (52 U.S.C. 10504) is zens of the United States who are 18 years of to enforce the guarantees of the 14th or 15th amended by striking ‘‘Whenever the Attorney age or older, broken down by demographic Amendment or any provision of this Act or any General has reason to believe’’ and all that fol- group. other Federal law protecting the right of citizens ‘‘(C) The number of registered voters, broken of the United States to vote; or’’. lows through ‘‘as he deems appropriate’’ and in- down by demographic group if such breakdown (b) ASSIGNMENT OF OBSERVERS TO ENFORCE serting ‘‘Whenever there are reasonable grounds is reasonably available to the State or political BILINGUAL ELECTION REQUIREMENTS.—Section to believe that a State or political subdivision subdivision involved. 8(a) of such Act (52 U.S.C. 10305(a)) is amend- has engaged or is about to engage in any act or ‘‘(D)(i) If the change applies to a State, the ed— practice prohibited by a provision of title II, an actual number of votes, or (if it is not reason- (1) by striking ‘‘or’’ at the end of paragraph aggrieved person or (in the name of the United ably practicable for the State to ascertain the (1); States) the Attorney General may institute an actual number of votes) the estimated number of (2) by inserting after paragraph (2) the fol- action in a district court of the United States, votes received by each candidate in each state- lowing: for a restraining order, a preliminary or perma- wide election held during the 5-year period ‘‘(3) the Attorney General certifies with re- nent injunction, or such other order as may be which ends on the date the change involved is spect to a political subdivision that— appropriate’’. made; and ‘‘(A) the Attorney General has received writ- (d) ENFORCEMENT OF TWENTY-SIXTH AMEND- ‘‘(ii) if the change applies to only one political ten meritorious complaints from residents, elect- MENT.—Section 301(a)(1) of the Voting Rights subdivision, the actual number of votes, or (if it ed officials, or civic participation organizations Act of 1965 (52 U.S.C. 10701) is amended by strik- is not reasonably practicable for the political that efforts to violate section 203 are likely to ing ‘‘The Attorney General is directed to insti- subdivision to ascertain the actual number of occur; or tute’’ and all that follows through ‘‘Constitu- votes) in each subdivision-wide election held ‘‘(B) in the Attorney General’s judgment, the tion of the United States’’ and inserting ‘‘An during the 5-year period which ends on the date assignment of observers is necessary to enforce aggrieved person or (in the name of the United the change involved is made. the guarantees of section 203;’’; and States) the Attorney General may institute an ‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU- (3) by moving the margin for the continuation action in a district court of the United States, RISDICTIONS.—Compliance with this subsection text following paragraph (3), as added by para- for a restraining order, a preliminary or perma- shall be voluntary for a political subdivision of graph (2) of this subsection, 2 ems to the left. nent injunction, or such other order as may be a State unless the subdivision is one of the fol- (c) TRANSFERRAL OF AUTHORITY OVER OB- appropriate to implement the twenty-sixth lowing: SERVERS TO THE ATTORNEY GENERAL.— amendment to the Constitution of the United ‘‘(A) A county or parish. (1) ENFORCEMENT PROCEEDINGS.—Section 3(a) States’’. ‘‘(B) A municipality with a population greater of the Voting Rights Act of 1965 (52 U.S.C. SEC. 10. PREVENTIVE RELIEF. than 10,000, as determined by the Bureau of the 10302(a)) is amended by striking ‘‘United States Section 12(d) of the Voting Rights Act of 1965 Census under the most recent decennial census. Civil Service Commission in accordance with (52 U.S.C. 10308(d)), as amended by section 9, is ‘‘(C) A school district with a population great- section 6’’ and inserting ‘‘Attorney General in further amended by adding at the end the fol- er than 10,000, as determined by the Bureau of accordance with section 8’’. lowing: the Census under the most recent decennial cen- (2) OBSERVERS; APPOINTMENT AND COMPENSA- ‘‘(2)(A) In considering any motion for prelimi- sus. For purposes of this subparagraph, the term TION.—Section 8 of the Voting Rights Act of 1965 nary relief in any action for preventive relief de- ‘school district’ means the geographic area (52 U.S.C. 10305) is amended— scribed in this subsection, the court shall grant under the jurisdiction of a local educational (A) in subsection (a)(2), in the matter fol- the relief if the court determines that the com- agency (as defined in section 9101 of the Ele- lowing subparagraph (B), by striking ‘‘Director plainant has raised a serious question as to mentary and Secondary Education Act of 1965). of the Office of Personnel Management shall as- whether the challenged voting qualification or ‘‘(d) RULES REGARDING FORMAT OF INFORMA- sign as many observers for such subdivision as prerequisite to voting or standard, practice, or TION.—The Attorney General may issue rules the Director’’ and inserting ‘‘Attorney General procedure violates this Act or the Constitution specifying a reasonably convenient and acces- shall assign as many observers for such subdivi- and, on balance, the hardship imposed on the sible format that States and political subdivi- sion as the Attorney General’’; and defendant by the grant of the relief will be less sions shall use to provide public notice of infor- (B) in subsection (c), by striking ‘‘Director of than the hardship which would be imposed on mation under this section. the Office of Personnel Management’’ and in- ‘‘(e) NO DENIAL OF RIGHT TO VOTE.—The the plaintiff if the relief were not granted. serting ‘‘Attorney General’’. right to vote of any person shall not be denied ‘‘(B) In making its determination under this (3) TERMINATION OF CERTAIN APPOINTMENTS or abridged because the person failed to comply paragraph with respect to a change in any vot- OF OBSERVERS.—Section 13(a)(1) of the Voting with any change made by a State or political ing qualification, prerequisite to voting, or Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is subdivision to a voting qualification, pre- standard, practice, or procedure with respect to amended by striking ‘‘notifies the Director of requisite, standard, practice, or procedure if the voting, the court shall consider all relevant fac- the Office of Personnel Management,’’ and in- State or political subdivision involved did not tors and give due weight to the following fac- serting ‘‘determines,’’. meet the applicable requirements of this section tors, if they are present: with respect to the change. SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK ‘‘(i) Whether the qualification, prerequisite, ‘‘(f) DEFINITIONS.—In this section— RELIEF. standard, practice, or procedure in effect prior ‘‘(1) the term ‘demographic group’ means each (a) POLL TAX.—Section 10(b) of the Voting to the change was adopted as a remedy for a group which section 2 protects from the denial Rights Act of 1965 (52 U.S.C. 10306(b)) is amend- Federal court judgment, consent decree, or ad- or abridgement of the right to vote on account ed by striking ‘‘the Attorney General is author- mission regarding— of race or color, or in contravention of the guar- ized and directed to institute forthwith in the ‘‘(I) discrimination on the basis of race or antees set forth in section 4(f)(2); name of the United States such actions’’ and in- color in violation of the 14th or 15th Amend- ‘‘(2) the term ‘election for Federal office’ serting ‘‘an aggrieved person or (in the name of ment; means any general, special, primary, or runoff the United States) the Attorney General may in- ‘‘(II) a violation of the 19th, 24th, or 26th election held solely or in part for the purpose of stitute such actions’’. Amendments; electing any candidate for the office of Presi- (b) CAUSE OF ACTION.—Section 12(d) of the ‘‘(III) a violation of this Act; or dent, Vice President, Presidential elector, Sen- Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is ‘‘(IV) voting discrimination on the basis of ator, Member of the House of Representatives, amended— race, color, or membership in a language minor- or Delegate or Resident Commissioner to the (1) by striking ‘‘Whenever any person has en- ity group in violation of any other Federal or Congress; and gaged’’ and all that follows through ‘‘in the State law. ‘‘(3) the term ‘persons with disabilities’, means name of the United States’’ and inserting ‘‘(1) ‘‘(ii) Whether the qualification, prerequisite, individuals with a disability, as defined in sec- Whenever there are reasonable grounds to be- standard, practice, or procedure in effect prior

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A24AU7.013 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4390 CONGRESSIONAL RECORD — HOUSE August 24, 2021 to the change served as a ground for the dis- table relief, the court shall give substantial cally recorded. Such demands are aimed at the missal or settlement of a claim alleging— weight to the public’s interest in expanding ac- Attorney General having the ability to inspect ‘‘(I) discrimination on the basis of race or cess to the right to vote. A State’s generalized and obtain copies of relevant materials (as well color in violation of the 14th or 15th Amend- interest in enforcing its enacted laws shall not as obtain information) related to voting and are ment; be a relevant consideration in determining not aimed at the Attorney General taking pos- ‘‘(II) a violation of the 19th, 24th, or 26th whether equitable relief is warranted. session of original records, particularly those Amendment; (2) PRESUMPTIVE SAFE HARBOR.—Where equi- that are required to be retained by State and ‘‘(III) a violation of this Act; or table relief is sought either within 30 days of the local election officials under Federal or State ‘‘(IV) voting discrimination on the basis of adoption or reasonable public notice of the chal- law. race, color, or membership in a language minor- lenged policy or practice, or more than 45 days ‘‘(B) NO REQUIREMENT FOR PRODUCTION.—Any ity group in violation of any other Federal or before the date of an election to which the relief demand issued under paragraph (1) may not re- State law. being sought will apply, proximity to the elec- quire the production of any documentary mate- ‘‘(iii) Whether the change was adopted fewer tion will be presumed not to constitute a harm rial or the submission of any answers in writing than 180 days before the date of the election to the public interest or a burden on the party to written questions if such material or answers with respect to which the change is to take or opposing relief. would be protected from disclosure under the takes effect. (c) GROUNDS FOR STAY OR VACATUR IN FED- ‘‘(iv) Whether the defendant has failed to pro- standards applicable to discovery requests under ERAL CLAIMS INVOLVING VOTING RIGHTS.— vide timely or complete notice of the adoption of the Federal Rules of Civil Procedure in an ac- (1) PROSPECTIVE EFFECT.—In reviewing an ap- the change as required by applicable Federal or tion in which the Attorney General or the plication for a stay or vacatur of equitable relief State law. United States is a party. granted pursuant to a law listed in subsection ‘‘(3) A jurisdiction’s inability to enforce its ‘‘(C) DOCUMENTARY MATERIAL.—If the de- (a), a court shall give substantial weight to the voting or election laws, regulations, policies, or mand issued under paragraph (1) requires the reliance interests of citizens who acted pursuant redistricting plans, standing alone, shall not be production of documentary material, it shall— to such order under review. In fashioning a stay deemed to constitute irreparable harm to the ‘‘(i) identify the class of documentary material or vacatur, a reviewing court shall not order re- public interest or to the interests of a defendant to be produced with such definiteness and cer- lief that has the effect of denying or abridging in an action arising under the Constitution or tainty as to permit such material to be fairly the right to vote of any citizen who has acted in any Federal law that prohibits discrimination identified; and reliance on the order. on the basis of race, color, or membership in a ‘‘(ii) prescribe a return date for production of (2) WRITTEN EXPLANATION.—No stay or language minority group in the voting process, the documentary material at least twenty days vacatur under this subsection shall issue unless for the purposes of determining whether a stay after issuance of the demand to give the State or the reviewing court makes specific findings that of a court’s order or an interlocutory appeal political subdivision, or other governmental rep- the public interest, including the public’s inter- under section 1253 of title 28, United States resentative or agent, a reasonable period of time est in expanding access to the ballot, will be Code, is warranted.’’. for assembling the documentary material and harmed by the continuing operation of the equi- making it available for inspection and copying. SEC. 11. RELIEF FOR VIOLATIONS OF VOTING table relief or that compliance with such relief ‘‘(D) ANSWERS TO WRITTEN QUESTIONS.—If the RIGHTS LAWS. will impose serious burdens on the party seeking demand issued under paragraph (1) requires an- (a) IN GENERAL.— (1) RELIEF FOR VIOLATIONS OF VOTING RIGHTS such a stay or vacatur such that those burdens swers in writing to written questions, it shall— LAWS.—In this section, the term ‘‘prohibited act substantially outweigh the benefits to the public ‘‘(i) set forth with specificity the written ques- or practice’’ means— interest. In reviewing an application for a stay tion to be answered; and (A) any act or practice— or vacatur of equitable relief, findings of fact ‘‘(ii) prescribe a date at least twenty days (i) that creates an undue burden on the fun- made in issuing the order under review shall not after the issuance of the demand for submitting damental right to vote in violation of the 14th be set aside unless clearly erroneous. answers in writing to the written questions. Amendment to the Constitution of the United SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ‘‘(E) SERVICE.—A demand issued under para- States or violates the Equal Protection Clause of ATTORNEY GENERAL. graph (1) may be served by a United States mar- the 14th Amendment to the Constitution of the Section 12 of the Voting Rights Act (52 U.S.C. shal or a deputy marshal, or by certified mail, at United States; or 10308), as amended by this Act, is further any place within the territorial jurisdiction of (ii) that is prohibited by the 15th, 19th, 24th, amended by adding at the end the following: any court of the United States. or 26th Amendment to the Constitution of the ‘‘(g) VOTING RIGHTS ENFORCEMENT BY ATTOR- ‘‘(3) RESPONSES TO AN ATTORNEY GENERAL DE- United States, section 2004 of the Revised Stat- NEY GENERAL.— MAND.—A State or political subdivision, or other utes (52 U.S.C. 10101), the Voting Rights Act of ‘‘(1) IN GENERAL.—In order to fulfill the Attor- governmental representative or agent, must, 1965 (52 U.S.C. 10301 et seq.), the National Voter ney General’s responsibility to enforce the Vot- with respect to any documentary material or Registration Act of 1993 (52 U.S.C. 20501 et seq.), ing Rights Act and other Federal civil rights any answer in writing produced under this sub- the Uniformed and Overseas Citizens Absentee statutes that protect the right to vote, the Attor- section, provide a sworn certificate, in such Voting Act (52 U.S.C. 20301 et seq.), the Help ney General (or upon designation by the Attor- form as the demand issued under paragraph (1) America Vote Act of 2002 (52 U.S.C. 20901 et ney General, the Assistant Attorney General for designates, by a person having knowledge of the seq.), the Voting Accessibility for the Elderly Civil Rights) is authorized, before commencing a facts and circumstances relating to such produc- and Handicapped Act (52 U.S.C. 20101 et seq.), civil action, to issue a demand for inspection tion or written answer, authorized to act on be- or section 2003 of the Revised Statutes (52 U.S.C. and information in writing to any State or polit- half of the State or political subdivision, or 10102); and ical subdivision, or other governmental rep- other governmental representative or agent, (B) any act or practice in violation of any resentative or agent, with respect to any rel- upon which the demand was served. The certifi- Federal law that prohibits discrimination with evant documentary material that he has reason cate— respect to voting, including the Americans with to believe is within their possession, custody, or ‘‘(A) shall state that— Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). control. A demand by the Attorney General ‘‘(i) all of the documentary material required (2) RULE OF CONSTRUCTION.—Nothing in this under this section may require— by the demand and in the possession, custody, section shall be construed to diminish the au- ‘‘(A) the production of such documentary ma- or control of the State or political subdivision, thority or scope of authority of any person to terial for inspection and copying; or other governmental representative or agent, bring an action under any Federal law. ‘‘(B) answers in writing to written questions has been produced; (3) ATTORNEY’S FEES.—Section 722(b) of the with respect to such documentary material; or ‘‘(ii) that with respect to every answer in writ- Revised Statutes (42 U.S.C. 1988(b)) is amended ‘‘(C) both. ing to a written question, all information re- by inserting ‘‘a provision described in section ‘‘(2) CONTENTS OF AN ATTORNEY GENERAL DE- quired by the question and in the possession, 2(a) of the John R. Lewis Voting Rights Ad- MAND.— custody, control, or knowledge of the State or vancement Act of 2021,’’ after ‘‘title VI of the ‘‘(A) IN GENERAL.—Any demand issued under political subdivision, or other governmental rep- Civil Rights Act of 1964,’’. paragraph (1), shall include a sworn certificate resentative or agent, has been submitted; or (b) GROUNDS FOR EQUITABLE RELIEF.—In any to identify the voting qualification or pre- ‘‘(iii) both; or action for equitable relief pursuant to a law list- requisite to voting or standard, practice, or pro- ‘‘(B) provide the basis for any objection to ed under subsection (a), proximity of the action cedure with respect to voting, or other voting re- producing the documentary material or answer- to an election shall not be a valid reason to lated matter or issue, whose lawfulness the At- ing the written question. deny such relief, or stay the operation of or va- torney General is investigating and to identify To the extent that any information is not fur- cate the issuance of such relief, unless the party the civil provisions of the Federal civil rights nished, the information shall be identified and opposing the issuance or continued operation of statute that protects the right to vote under reasons set forth with particularity regarding relief meets the burden of proving by clear and which the investigation is being conducted. The the reasons why the information was not fur- convincing evidence that the issuance of the re- demand shall be reasonably calculated to lead nished. lief would be so close in time to the election as to the discovery of documentary material and ‘‘(4) JUDICIAL PROCEEDINGS.— to cause irreparable harm to the public interest information relevant to such civil rights inves- ‘‘(A) PETITION FOR ENFORCEMENT.—Whenever or that compliance with such relief would im- tigation. Documentary material includes any any State or political subdivision, or other gov- pose serious burdens on the party opposing re- material upon which relevant information is re- ernmental representative or agent, fails to com- lief. corded, and includes written or printed mate- ply with demand issued by the Attorney General (1) IN GENERAL.—In considering whether to rials, photographs, tapes, or materials upon under paragraph (1), the Attorney General may grant, deny, stay, or vacate any order of equi- which information is electronically or magneti- file, in a district court of the United States in

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A24AU7.013 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4391 which the State or political subdivision, or other ‘‘(4) The term ‘prevailing party’ means a hour equally divided and controlled by governmental representative or agent, is located, party to an action that receives at least some of the chair and the ranking minority a petition for a judicial order enforcing the At- the benefit sought by such action, states a member of the Committee on the Judi- torney General demand issued under paragraph colorable claim, and can establish that the ac- (1). ciary or their respective designees. tion was a significant cause of a change to the The gentleman from New York (Mr. ‘‘(B) PETITION TO MODIFY.— status quo.’’. NADLER) and the gentleman from Ohio ‘‘(i) IN GENERAL.—Any State or political sub- SEC. 15. OTHER TECHNICAL AND CONFORMING division, or other governmental representative or AMENDMENTS. (Mr. JORDAN) each will control 30 min- agent, that is served with a demand issued by (a) ACTIONS COVERED UNDER SECTION 3.—Sec- utes. the Attorney General under paragraph (1) may tion 3(c) of the Voting Rights Act of 1965 (52 The Chair recognizes the gentleman file in the United States District Court for the U.S.C. 10302(c)) is amended— from New York. District of Columbia a petition for an order of (1) by striking ‘‘any proceeding instituted by the court to modify or set aside the demand of the Attorney General or an aggrieved person b 1615 the Attorney General. under any statute to enforce’’ and inserting GENERAL LEAVE ‘‘(ii) PETITION TO MODIFY.—Any petition to ‘‘any action under any statute in which a party modify or set aside a demand of the Attorney Mr. NADLER. Madam Speaker, I ask (including the Attorney General) seeks to en- unanimous consent that all Members General issued under paragraph (1) must be force’’; and filed within 20 days after the date of service of (2) by striking ‘‘at the time the proceeding was may have 5 legislative days in which to the Attorney General’s demand or at any time commenced’’ and inserting ‘‘at the time the ac- revise and extend their remarks and in- before the return date specified in the Attorney tion was commenced’’. sert extraneous material on H.R. 4. General’s demand, whichever date is earlier. (b) CLARIFICATION OF TREATMENT OF MEM- The SPEAKER pro tempore. Is there ‘‘(iii) CONTENTS OF PETITION.—The petition BERS OF LANGUAGE MINORITY GROUPS.—Section objection to the request of the gen- shall specify each ground upon which the peti- 4(f) of such Act (52 U.S.C. 10303(f)) is amended— tioner relies in seeking relief under clause (i), tleman from New York? (1) in paragraph (1), by striking the second There was no objection. and may be based upon any failure of the Attor- sentence; and ney General’s demand to comply with the provi- Mr. NADLER. Madam Speaker, I (2) by striking paragraphs (3) and (4). yield myself 2 minutes. sions of this section or upon any constitutional (c) PERIOD DURING WHICH CHANGES IN VOTING Madam Speaker, H.R. 4, the John R. or other legal right or privilege of the State or PRACTICES ARE SUBJECT TO PRECLEARANCE political subdivision, or other governmental rep- UNDER SECTION 5.—Section 5 of such Act (52 Lewis Voting Rights Advancement Act resentative or agent. During the pendency of U.S.C. 10304) is amended— of 2021, would revitalize and strengthen the petition in the court, the court may stay, as (1) in subsection (a), by striking ‘‘based upon the Voting Rights Act of 1965 to con- it deems proper, the running of the time allowed determinations made under the first sentence of front the onslaught of discriminatory for compliance with the Attorney General’s de- section 4(b) are in effect’’ and inserting ‘‘are in voting laws and practices that have mand, in whole or in part, except that the State effect during a calendar year’’; emerged in recent years across the or political subdivision, or other governmental (2) in subsection (a), by striking ‘‘November 1, representative or agent, filing the petition shall 1964’’ and all that follows through ‘‘November 1, country. comply with any portions of the Attorney Gen- 1972’’ and inserting ‘‘the applicable date of cov- In 2013, the Supreme Court, in Shelby eral’s demand not sought to be modified or set erage’’; and County v. Holder, gutted the Voting aside.’’. (3) by adding at the end the following new Rights Act’s most important enforce- SEC. 13. DEFINITIONS. subsection: ment mechanism, the Section 5 Title I of the Voting Rights Act of 1965 (52 ‘‘(e) The term ‘applicable date of coverage’ preclearance regime, which required U.S.C. 10301) is amended by adding at the end means, with respect to a State or political sub- jurisdictions with a history of discrimi- the following: division— nation against racial and ethnic minor- ‘‘SEC. 21. DEFINITIONS. ‘‘(1) June 25, 2013, if the most recent deter- ‘‘In this Act: mination for such State or subdivision under ity voters to seek approval of any ‘‘(1) INDIAN.—The term ‘Indian’ has the mean- section 4(b) was made on or before December 31, changes to their voting laws before ing given the term in section 4 of the Indian 2021; or they could go into effect. Self-Determination and Education Assistance ‘‘(2) the date on which the most recent deter- Almost immediately after the deci- Act. mination for such State or subdivision under sion, many of these jurisdictions un- ‘‘(2) INDIAN LANDS.—The term ‘Indian lands’ section 4(b) was made, if such determination leashed a raft of voter suppression means— was made after December 31, 2021.’’. measures, knowing that these laws now ‘‘(A) any Indian country of an Indian tribe, SEC. 16. SEVERABILITY. as such term is defined in section 1151 of title 18, could only be challenged after the fact If any provision of this Act or any amendment and only through a costly and time- United States Code; made by this Act, or the application of such a ‘‘(B) any land in Alaska that is owned, pursu- provision or amendment to any person or cir- consuming process that made such ant to the Alaska Native Claims Settlement Act, cumstance, is held to be unconstitutional or is challenges unlikely and when people’s by an Indian tribe that is a Native village (as votes had already been improperly in- such term is defined in section 3 of such Act), or otherwise enjoined or unenforceable, the re- by a Village Corporation that is associated with mainder of this Act and amendments made by validated. the Indian tribe (as such term is defined in sec- this Act, and the application of the provisions When the Court struck down the cov- tion 3 of such Act); and amendment to any person or circumstance, erage formula that determined which ‘‘(C) any land on which the seat of govern- and any remaining provision of the Voting jurisdictions were subject to ment of the Indian tribe is located; and Rights Act of 1965, shall not be affected by the preclearance, it explicitly invited Con- ‘‘(D) any land that is part or all of a tribal holding. gress to devise a new formula to meet designated statistical area associated with the SEC. 17. GRANTS TO ASSIST WITH NOTICE RE- the current need to remedy voting dis- Indian tribe, or is part or all of an Alaska Na- QUIREMENTS UNDER THE VOTING tive village statistical area associated with the RIGHTS ACT OF 1965. crimination. tribe, as defined by the Bureau of the Census (a) IN GENERAL.—The Attorney General shall H.R. 4 answers that call. for the purposes of the most recent decennial make grants each fiscal year to small jurisdic- This legislation would create a new census. tions who submit applications under subsection geographic coverage formula that is ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ or (b) for purposes of assisting such small jurisdic- fine-tuned to capture only those places ‘tribe’ has the meaning given the term ‘Indian tions with compliance with the requirements of with longstanding and persistent dis- tribe’ in section 4 of the Indian Self-Determina- the Voting Rights Act of 1965 to submit or pub- crimination. At the same time, it tar- lish notice of any change to a qualification, pre- tion and Education Assistance Act. gets only recent discrimination and ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal requisite, standard, practice or procedure affect- Government’ means the recognized governing ing voting. does not leave jurisdictions frozen in body of an Indian Tribe. (b) APPLICATION.—To be eligible for a grant time. ‘‘(5) VOTING-AGE POPULATION.—The term ‘vot- under this section, a small jurisdiction shall The bill also requires preclearance of ing-age population’ means the numerical size of submit an application to the Attorney General certain practices that are historically the population within a State, within a political in such form and containing such information associated with voting discrimination; subdivision, or within a political subdivision as the Attorney General may require regarding it responds to the recent Supreme that contains Indian lands, as the case may be, the compliance of such small jurisdiction with Court decision in Brnovich v. DNC, the provisions of the Voting Rights Act of 1965. that consists of persons age 18 or older, as cal- which severely limited enforcement of culated by the Bureau of the Census under the (c) SMALL JURISDICTION DEFINED.—For pur- most recent decennial census.’’. poses of this section, the term ‘‘small jurisdic- Section 2 of the Voting Rights Act; and SEC. 14. ATTORNEYS’ FEES. tion’’ means any political subdivision of a State it provides other important tools to Section 14(c) of the Voting Rights Act of 1965 with a population of 10,000 or less. strengthen enforcement of the VRA. (52 U.S.C. 10310(c)) is amended by adding at the The SPEAKER pro tempore. The bill, H.R. 4 rests on a substantial record end the following: as amended, shall be debatable for 1 that documents the myriad ways that

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.013 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4392 CONGRESSIONAL RECORD — HOUSE August 24, 2021 the right to vote, the most funda- tion, from intimidating and preventing The Framing Generation grappled with the mental right in a democracy, remains African Americans from voting. failure of the Articles of Confederation, under threat for too many Americans. If you vote for this legislation, you which provided for only a weak national gov- ernment incapable of preserving the Union. I want to thank TERRI SEWELL for in- are voting for a Federal takeover of Under the Articles, the States had exclusive troducing this bill, STEVE COHEN for elections; you are removing the people authority over federal elections held within the 13 hearings he held on voting rights elected at the State and local level to their territory; but, given the difficulties the in the Constitution Subcommittee, as run elections from making decisions national government had experienced with well as our colleagues on the Sub- about how elections are run, including State cooperation (e.g., the failure of Rhode committee on Elections and the Com- voter ID laws, and putting an unac- Island to send delegates to the Confederation mittee on House Administration for countable, unelected election czar at Congress), the Federalists, including Alex- their work. the DOJ, the Attorney General, in ander Hamilton, were concerned with the I urge all Members to join me in hon- charge of all election decisions in this possibility that the States, in an effort to de- oring the legacy of our beloved col- stroy the federal government, simply might country. not hold elections or that an emergency, league, the late John Lewis, who shed Members of this body and the Amer- such as an invasion or insurrection, might his blood to secure passage of the Vot- ican people should be asking the simple prevent the operation of a State’s govern- ing Rights Act, by supporting this vital question: If it is easier to vote today ment, leaving the Congress without Members legislation. than at any time in our history and and the federal government unable to re- Madam Speaker, I reserve the bal- more Americans are voting than ever spond. Indeed, as counsel for the Democrat ance of my time. before, then why are Democrats going Members of our Committee so keenly ob- Mr. JORDAN. Madam Speaker, I to such extreme measures to ensure a served: yield 3 minutes to the gentleman from Federal takeover of elections? For the Founders, particularly during the Illinois (Mr. RODNEY DAVIS), the rank- I hope my colleagues and the Amer- Federal Constitutional Convention, the pri- ing member of the House Administra- mary concern was informing the discussions ican people will see this bill for what it of federal elections in Article I was the risk tion Committee. is, a partisan power grab which cir- of uncooperative states. For example, Alex- Mr. RODNEY DAVIS of Illinois. cumvents the people to ensure a one- ander Hamilton noted that by providing Madam Speaker, recently, another party rule. states the authority to run congressional friend of ours and our colleague, Con- I urge a ‘‘no’’ vote on the underlying elections, under Article I, Section 4, gressman BURGESS OWENS, who grew up legislation. ‘‘risk[ed] ‘leaving the existence of the Union in the Jim Crow South, testified before Madam Speaker, I include in the entirely at their mercy.’ ’’ Following the failings of the Articles of Confederation, the my committee, and I want to highlight RECORD a report I released as ranking two very important points he made: Founders looked for processes that would in- member of the House Administration sulate Congress from recalcitrant states. In- Not only is our country not facing a Committee earlier this month titled deed, ‘‘[t]he dominant purpose of the Elec- new era of Jim Crow voting laws, as ‘‘The Elections Clause: States’ Primary tions Clause, the historical record bears out, many of my Democrat colleagues have Constitutional Authority Over Elec- was to empower Congress to override state falsely claimed, but it is incredibly of- tions.’’ election rules, not to restrict the way States fensive to lie to the American people to [From Representative Rodney Davis (IL–13), enact legislation[,]’’ and that ‘‘the Clause further a political agenda. Ranking Member, House of Representa- ‘was the Framers’ insurance against the pos- Our country has come a long way tives, Committee on House Administra- sibility that a State would refuse to provide since the Jim Crow era, and it is in tion, Aug. 12, 2021] for the election of representatives to the Federal Congress.’ ’’ part because of the Voting Rights Act REPORT—THE ELECTIONS CLAUSE: STATES’ Quite plainly, Alexander Hamilton, a lead- of 1965. PRIMARY CONSTITUTIONAL AUTHORITY OVER ing Federalist and proponent of our Con- More Americans voted in the last two ELECTIONS stitution, understood the Elections Clause as elections than in any midterm or Pres- EXECUTIVE SUMMARY serving only as a sort of emergency fail-safe, idential election in our Nation’s his- Republicans believe that every eligible not as a cudgel used to nationalize our elec- tory. This includes historic turnouts voter who wants to vote must be able to do tions process. Writing as Publius to the peo- among African Americans and other so, and all lawful votes must be counted ac- ple of New York, Hamilton further expounds minority voters. cording to state law. Through an examina- on the correct understanding of the Elec- We should celebrate this progress, tion of history, precedent, the Framers’ tions Clause: ‘‘T[he] natural order of the sub- not ignore it. words, debates concerning ratification, the ject leads us to consider, in this place, that Supreme Court, and the Constitution itself, Using Georgia as an example, since provision of the Constitution which author- this document explains the constitutional di- izes the national legislature to regulate, in my friends on the other side of the vision of power envisioned by the Framers the last resort, the election of its own mem- aisle were so quick to condemn new between the States and the federal govern- bers.’’ election integrity laws in this State; in ment with respect to election administra- When questioned at the States’ constitu- Georgia, which was once covered under tion. Article 1, Section 4 of the Constitution tional ratifying conventions with respect to the VRA’s preclearance formula, Afri- explains that the States have the primary this provision, the Federalists confirmed this can-American turnout in the last elec- authority over election administration, the understanding of a constitutionally limited, tion was 64 percent, compared to 27 ‘‘times, places, and manner of holding elec- secondary congressional power under Article tions’’. Conversely, the Constitution grants percent in 1965. And an amazing 95 per- 1, Section 4: the Congress a purely secondary role to alter Maryland: ‘‘[C]onvention delegate James cent of the total eligible voting-age or create election laws only in the extreme McHenry added that the risk to the federal population in Georgia is registered to cases of invasion, legislative neglect, or ob- government [without a fail-safe provision] vote. stinate refusal to pass election laws. As do might not arise from state malice: An insur- That is incredible. It is easier to vote other aspects of our federal system, this divi- rection or rebellion might prevent a state in Georgia than it is in Democrat-run sion of sovereignty continues to serve to pro- legislature from administering an election.’’ States like New York and Delaware tect one of Americans’ most precious free- N. Carolina: ‘‘An occasion may arise when and even others. doms, the right to vote. the exercise of this ultimate power of Con- Democrats on the Committee on The Constitution reserves to the States gress may be necessary . . . if a state should the primary authority to set election legisla- be involved in war, and its legislature could House Administration held hearing tion and administer elections—the ‘‘times, not assemble, (as was the case of South Caro- after hearing on election issues where places, and manner of holding of elections’’— lina and occasionally of some other states, they produced zero evidence of voter and Congress’ power in this space is purely during the [Revolutionary] war).’’ suppression, likely due to the fact that secondary to the States’ power. Congress’ Pennsylvania: ‘‘Sir, let it be remembered voter discrimination and suppression power is to be employed only in the direst of that this power can only operate in a case of remain against the law in this country. circumstances. Despite Democrats’ insist- necessity, after the factious or listless dis- Yet, the bill before us goes far be- ence that Congress’ power over elections is position of a particular state has rendered an yond the original VRA and would sub- unfettered and permits Congress to enact interference essential to the salvation of the sweeping legislation like H.R. 1, it is simply general government.’’ ject every State to preclearance, an ex- not true. History, precedent, the Framers’ John Jay made similar claims in New traordinary measure established in 1965 words, debates concerning ratification, the York. And, as constitutional scholar Robert to prevent Democratic-led Southern Supreme Court, and the Constitution itself Natelson, notes in his invaluable article, The States, with a history of discrimina- make this exceedingly clear. Original Scope of the Congressional Power to

VerDate Sep 11 2014 05:34 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.031 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4393 Regulate Elections, Alexander Contee Han- Rhode Island: ‘‘Under these impressions, and manner of holding elections,’’ and in- son, a member of Congress whose pamphlet and declaring, that the rights aforesaid can- volves lawmaking in its essential features supporting the Constitution proved popular, not be abridged or violated, and that the ex- and most important aspect.’’ stated flatly that Congress would exercise its planations aforesaid, are consistent with the This holding, of course, is consistent with times, places, and manner authority only in said constitution, and in confidence that the the understanding of the Elections Clause cases of invasion, legislative neglect or ob- amendments hereafter mentioned, will re- since the framing of the Constitution. The stinate refusal to pass election laws [pro- ceive an early and mature consideration, and Smiley Court also held that while Congress viding for the election of Members of Con- conformably to the fifth article of said con- maintains the authority to ‘‘. . . supplement gress], or if a state crafted its election laws stitution, speedily become a part thereof; We these state regulations or [to] substitute its with a ‘sinister purpose’ or to injure the gen- the said delegates, in the name, and in [sic] own[ ]’’, such authority remains merely ‘‘a eral government.’’ the behalf of the People, of the State of general supervisory power over the whole Cementing his point, Hanson goes further Rhode-Island and Providence-Plantations, do subject.’’ More recently, the Court noted in to decree, ‘‘The exercise of this power must by these Presents, assent to, and ratify the Arizona v. Inter-Tribal Council of Ariz., Inc. at all times be so very invidious, that con- said Constitution. In full confidence . . . that ‘‘[t]his grant of congressional power gress will not venture upon it without some That the Congress will not make or alter any [that is, the fail-safe provision in the Elec- very cogent and substantial reason.’’ In regulation in this State, respecting the tions Clause] was the Framers’ insurance Floor debate during the 117th Congress con- times, places and manner of holding elec- against the possibility that a State would cerning H.R. 1, the Democrats’ intended na- tions for senators and representatives, unless refuse to provide for the election of rep- tionalization of elections, Ranking Member the legislature of this state shall neglect, or resentatives to the Federal Congress.’’ The Davis argued, as he has many other times, refuse to make laws or regulations for the Court explained that the Elections Clause that: purpose, or from any circumstance be in- ‘‘. . . imposes [upon the States] the duty . . . According to Article 1, Section 4 of the capable of making the same; and that [i]n to prescribe the time, place, and manner of Constitution, States have the primary role those cases, such power will only be exer- electing Representatives and Senators[.]’’ in establishing ‘‘[t]he Times, Places and cised, until the legislature of this State shall And, while, as the Court noted, ‘‘[t]he power Manner of holding Elections for Senators make provision in the Premises[.] of Congress over the ‘Times, Places and Man- and Representatives.’’ Under the Constitu- This clearly demonstrates that the Fram- ner’ of congressional elections ‘is para- tion, Congress has a purely secondary role in ers designed and the ratifying States under- mount, and may be exercised at any time, this space and must restrain itself from act- stood the Elections Clause to serve solely as and to any extent which it deems expedient; ing improperly and unconstitutionally. Fed- a protective backstop to ensure the preserva- and so far as it is exercised, and no farther, eral election legislation should never be the tion of the Federal Government, not as a the regulations effected supersede those of first step and must never impose burden- font of limitless power for Congress to wrest the State which are inconsistent some, unfunded federal mandates on state control of federal elections from the States. therewith[ ]’’, the Inter-Tribal Court ex- This understanding was also reinforced by and local elections officials. When Congress plained, quoting extensively from The Fed- debate during the first Congress that con- does speak, it must devote its efforts only to eralist no. 59, that it was clear that the con- vened under the Constitution. ‘‘During the resolving highly significant and substantial gressional fail-safe included in the Elections first session of the First Congress . . . Rep- deficiencies. State legislatures are the pri- Clause was intended for the sorts of govern- resentative Aedanus Burke unsuccessfully mary venues to correct most issues. mental self-preservation discussed in this proposed a constitutional amendment to Report: ‘‘[E]very government ought to con- In fact, had the Democrats’ view of the limit the Times, Places and Manner Clause tain in itself the means of its own Elections Clause been accepted at the time to emergencies.’’ But those on both sides of preservation[.]’’; ‘‘[A]n exclusive power of of the Constitution’s drafting—that is, that the Burke amendment debate already under- regulating elections for the national govern- it offers Congress unfettered power over fed- stood the Elections Clause to limit Federal ment, in the hands of the State legislatures, eral elections—it is likely that the Constitu- elections power to emergencies. would leave the existence of the Union en- tion would not have been ratified or that an For example, the recorded description of tirely at their mercy. They could at any mo- amendment to this language would have opponent Representative Goodhue’s com- ment annihilate it by neglecting to provide been required. Indeed, at least seven of the ments notes that he believed the Elections for the choice of persons to administer its af- original 13 states—over half and enough to Clause as written was intended to prevent fairs.’’ prevent the Constitution from being rati- ‘‘. . . the State Governments [from] CONCLUSION fied—expressed specific concerns with the oppos[ing] and thwart[ing] the general one to language of the Elections Clause. However, such a degree as finally to overturn it. Now, It is clear in every respect that the con- ‘‘[l]eading Federalists . . .’’ assured them, to guard against this evil, he wished the Fed- gressional fail-safe described in the Elections ‘‘. . . that, even without amendment, the eral Government to possess every power nec- Clause vests purely secondary authority over [Elections] Clause should be construed as essary to its existence.’’ With any change to federal elections in the federal legislative limited to emergencies.’’ the original text therefore unnecessary to branch and that the primary authority rests Three states, New York, North Carolina, achieve Burke’s desired goal, Mr. Goodhue with the States. Congressional authority is and Rhode Island, specifically made their voted against the proposed amendment. intended to be, and as a matter of constitu- ratification contingent on this under- Similarly, proponent Representative tional fact is, limited to addressing the standing being made express: Smith of South Carolina also believed the worst imaginable issues, such as invasion or New York: ‘‘Under these impressions and original text of the Elections Clause already other matters that might lead to a State not declaring that the rights aforesaid cannot be limited the Federal Government’s power electing representatives to constitute the abridged or violated, and the Explanations over federal elections to emergencies and so two Houses of Congress.’’ Our authority has aforesaid are consistent with the said Con- thought there would be no harm in sup- never extended to the day-to-day authority stitution, And in confidence that the Amend- porting an amendment to make that lan- over the ‘‘Times, Places and Manner of Elec- ments which have been proposed to the said guage express. So, even the records of the tion’’ that the Constitution clearly reserves Constitution will receive early and mature First Congress reflect a recognition of the to the States. Unfortunately for Democrats, Consideration: We the said Delegates, in the emergency nature of congressional power this clear restriction on congressional au- Name and in [sic] the behalf of the People of over federal elections. thority means that we do not have the power the State of New York Do by these presents Similarly, the Supreme Court has sup- to implement the overwhelming majority—if Assent to and Ratify the said Constitution. ported this understanding. In Smiley v. not the entirety—of their biggest legislative In full Confidence . . . that the Congress will Holm, the Court held that Article 1, Section priority, H.R. 1 and related legislation, not make or alter any Regulation in this 4 of the Constitution reserved to the States which would purport to nationalize our elec- State respecting the times places and man- the primary tions and centralize their administration in ner of holding Elections for Senators or Rep- ‘‘. . . authority to provide a complete code Washington, D.C. Thankfully, the Framers resentatives unless the Legislature of this for congressional elections, not only as to had the foresight to write our Constitution State shall neglect or refuse to make laws or times and places, but in relation to notices, so as to prevent those bad policies from regulations for the purpose, or from any cir- registration, supervision of voting, protec- going into effect and preserve the health of cumstance be incapable of making the same, tion of voters, prevention of fraud and cor- our republic. and that in those cases such power will only rupt practices, counting of votes, duties of Mr. NADLER. Madam Speaker, I be exercised until the Legislature of this inspectors and canvassers, and making and yield 3 minutes to the gentlewoman State shall make provision in the publication of election returns; in short, to from Alabama (Ms. SEWELL), the chief Premises[.]’’ enact the numerous requirements as to pro- sponsor of this legislation. N. Carolina: ‘‘That Congress shall not cedure and safeguards which experience Ms. SEWELL. Madam Speaker, I rise alter, modify, or interfere in the times, shows are necessary in order to enforce the places, or manner of holding elections for fundamental right involved. And these re- today in full support of H.R. 4, the senators and representatives, or either of quirements would be nugatory if they did John R. Lewis Voting Rights Advance- them, except when the legislature of any not have appropriate sanctions in the defini- ment Act. state shall neglect, refuse or be disabled by tion of offenses and punishments. All this is Nothing is more fundamental to our invasion or rebellion, to prescribe the same.’’ comprised in the subject of ‘‘times, places democracy than the right to vote.

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.019 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4394 CONGRESSIONAL RECORD — HOUSE August 24, 2021 Nothing is more precious to my dis- fundamental. In the last election, all told, crimination in voting in Alabama, Lou- trict, Alabama’s 7th Congressional Dis- more than 150 million Americans of every isiana, and Mississippi for the legislative trict, the home of Birmingham, Mont- age, of every race, of every background exer- record. The reports highlight a range of re- gomery, and my hometown of Selma, cised their right to vote. cent and persistent efforts to make it more This historic level of participation in the difficult to vote, from reducing early voting Alabama, than the fight to protect the face of a once-in-a-century pandemic should to closing polling places in majority-Black right to vote for all Americans. have been celebrated by everyone. Instead, communities and banning Sunday voting It was in my district that ordinary some have sought to delegitimize the elec- that has the effect—and often the intent—of Americans peacefully protested for the tion and make it harder to vote, in many blocking Black voters and other voters of equal right to vote for all Americans. cases by targeting the methods of voting color from voting. The United States claims Nothing is more personal to me, that made it possible for many voters to par- to be the world’s oldest democracy, but from nothing more represents America’s ticipate. These efforts violate the most basic its founding to today it has never fully se- civil rights district than to be able to ideals of America. cured and defended the right to vote for all Yet another massive wave of discrimina- stand here, as so many of us have, with Americans, particularly Black Americans tory action may be imminent as we enter a and other voters of color. John Lewis at the foot of the Edmund new legislative redistricting cycle. Unfortu- For generations, legislators of both parties Pettus Bridge, as I announced with nately, incumbents too often cling to power and Americans across all ideologies have glee that we have reintroduced H.R. 4, by drawing district lines to favor their own supported the VRA—because they have un- the John R. Lewis Voting Rights Ad- prospects at the expense of minority commu- derstood that for our democracy to be vancement Act. nities, choosing their voters instead of the healthy, every voter in the country must It was on that same bridge in Selma, other way around. have safe, easy, and equitable access to their While anti-voter action undermines democ- Alabama, that a 26-year-old John fundamental right to vote. The VRA has ex- racy for all Americans, we know that com- traordinary bipartisan roots. Passed in 1965, Lewis was bludgeoned by State troop- munities of color often suffer the worst ef- ers with billy clubs in the name of jus- Congress has reauthorized the VRA four fects of these measures—and all too often, times since then, with four Republican Presi- tice. that is not by accident. dents signing the legislation into law: Presi- Their efforts led to the passage of the The sacred right to vote is under attack dent Nixon in 1970, President Ford in 1975, Voting Rights Act of 1965, the seminal across the country. President Reagan in 1982, and President The VRAA will strengthen vital legal pro- piece of legislation in Congress to pro- George W. Bush in 2006. In 2006, after more tections to ensure that all Americans have a tect the right of all Americans to vote. than twenty hearings, with over 90 wit- fair opportunity to participate in our democ- nesses, and over 15,000 pages of evidence of Those protections were gutted in 2013 racy. Among other things, it would create a ongoing voter suppression and discrimina- by the Supreme Court’s decision in new framework for allowing DOJ to review tion, Congress approved a 25-year extension Shelby v. Holder, and Section 2 was voting changes in jurisdictions with a his- of the VRA by a vote of 98–0 in the Senate also affected by the most recent deci- tory of discrimination to ensure that they do and 390–33 in the House. More than ninety not discriminate based on race. It would also sion in Brnovich. current Members of Congress voted for that clarify the scope of legal tools designed to Today, 8 years after Shelby, Congress legislation. Yet, notwithstanding well-docu- challenge discriminatory voting laws in is finally answering the Supreme mented findings and overwhelming congres- court, ensuring that the Voting Rights Act Court’s call to action by passing H.R. 4. sional support, just seven years later, in the offers protection against modern forms of H.R. 4 will create a new coverage for- Shelby County decision, a 5–4 majority of the voter suppression. mula to determine which States have In an essay published shortly after he died, Supreme Court held that Section 5’s cov- been the most egregious actors and Congressman John Lewis wrote, ‘‘Democracy erage formula was not based on ‘‘current subject them to preclearance that is is not a state. It is an act[.]’’ This bill not conditions,’’ and we lost a critical tool in the based on current evidence of voter dis- only bears his name, it heeds his call. The fight for equal voting rights—the Justice De- crimination. Administration looks forward to working partment’s opportunity to review and reject discriminatory voting changes in jurisdic- Madam Speaker, old battles have in- with Congress as the VRAA proceeds through the legislative process to ensure that the bill tions with a history of racial discrimination deed become new again. While literacy in voting. tests and poll taxes no longer exist, achieves lasting reform consistent with Con- gress’ broad constitutional authority to pro- Enactment of the John R. Lewis Voting certain States and local jurisdictions tect voting rights and to strengthen our de- Rights Advancement Act will enable the fed- have passed laws that are modern-day mocracy. eral government to once again act as a bar- barriers to voting. As long as voter -- rier to prevent racially discriminatory vot- suppression exists, the need for the full AUGUST 18, 2021. ing changes and help protect a democracy protections of VRA will continue. We DEAR REPRESENTATIVE: On behalf of the that works for all of us—no matter where we must fully restore the VRA. Southern Poverty Law Center Action Fund, live. Congress should utilize every legislative we write to urge you to support H.R. 4, the tool in its capacity to get this done; democ- Why? Because as John Lewis would racy is too important to be subject to a mi- say: When you hear something or see John R. Lewis Voting Rights Advancement Act, when the House considers this essential nority veto. something that is not right, that is not legislation next week. When enacted into Last month, Justice Elena Kagan wrote just, that is not fair, we have a moral law, this legislation will restore Section 5 of eloquently about the Voting Rights Act in obligation to do something about it. the Voting Rights Act of 1965 (VRA) and re- her stirring dissent in another Supreme We, the Members of the House of quire states and localities with recent his- Court refusal to recognize and enforce broad Representatives, can today do some- tories of racial discrimination to seek fed- voting rights, the deeply disappointing thing about it. Let’s pass H.R. 4. Let’s eral approval before implementing any vot- Brnovich v. Democratic National Committee do so not just in the name of John ing changes; would require any state or ju- decision: risdiction to seek federal approval before im- ‘‘If a single statute represents the best of Lewis; let’s do so for the people, the America, it is the Voting Rights Act. It mar- American people. We must secure the plementing any voting practice known to have racially discriminatory impact; and ries two great ideals: democracy and racial right to vote. would strengthen Section 2 of the VRA, equality .... If a single statute reminds us Madam Speaker, I include in the which gives the Department of Justice and of the worst of America, it is the Voting RECORD 14 letters of support and state- voters the ability to challenge discrimina- Rights Act. Because it was—and remains—so ments of support from all across this tory voting laws and practices. necessary.’’ Nation, from civil rights groups, from Through our collaborative, intersectional We could not agree more. labor groups, from amazing folks who work with community partners around the In the wake of Supreme Court decisions are fighting every day on the front Deep South, the SPLC has witnessed first- that have significantly weakened the VRA, hand continued efforts to suppress the vote lines for the right to vote. and a proliferation of state anti-voter laws— and undermine the democratic process—par- primarily in the South—Congress must act STATEMENT OF ADMINISTRATION POLICY ticularly for communities of color—since the to restore the Voting Rights Act to its full H.R. 4—JOHN R. LEWIS VOTING RIGHTS ADVANCE- Supreme Court’s Shelby County v. Holder de- vigor and promise and ensure that citizens in MENT ACT OF 2021—REP. SEWELL, D–AL, AND cision in 2013. Earlier this week, during an every state have broad opportunities to exer- 218 COSPONSORS oversight hearing held by the U.S. House of cise their constitutional right to vote. The Administration strongly supports Representatives Judiciary Subcommittee on Respectfully, House passage of H.R. 4, the John R. Lewis the Constitution, Civil Rights, and Civil Lib- LASHAWN Y. WARREN, Voting Rights Advancement Act of 2021 erties on the need for federal voting rights Chief Policy Officer. (VRAA). protection legislation, SPLC submitted a se- NANCY ABUDU, The right to vote freely, the right to vote ries of detailed reports revealing current, Interim Director of fairly, the right to have your vote counted is consistent, and well-documented racial dis- Strategic Litigation

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& Deputy Legal Di- TUESDAY, AUGUST 17, 2021. Specifically, this legislation updates the rector for Voting LDF Media ‘‘preclearance formula’’ that blocks dis- Rights. For Immediate Release criminatory voting laws from being imple- LDF ISSUES STATEMENT ON INTRODUCTION OF mented by establishing a new review cri- AUGUST 23, 2021. H.R. 4, THE JOHN LEWIS VOTING RIGHTS AD- terion that accounts for current conditions and requires federal review of specific voting FRIENDS: This week, the House is scheduled VANCEMENT ACT, BY THE U.S. HOUSE OF REP- practices known to impact voters of color. to take up the FY22 Budget Resolution (S. RESENTATIVES Additionally, the bill mandates greater na- Con. Res. 14) and the John Lewis Voting Today, the U.S. House of Representatives tionwide transparency of voting laws and Rights Advancement Act (H.R. 4), as well as introduced H.R. 4, the John Lewis Voting policy changes, expands and updates the the rule to consider these bills. The Human Rights Advancement Act, a much needed frameworks that allow courts to ‘‘bail in’’ Rights Campaign urges Members to vote in piece of legislation aimed at protecting the and ‘‘bail out’’ judicial review of jurisdic- favor of the rule, the budget resolution, and right to vote. In response, Sherrilyn Ifill, tional practices, and restores voters’ ability the John Lewis Voting Rights Advancement President and Director-Counsel of the to legally challenge racially discriminatory Act. We will consider these key votes. NAACP Legal Defense and Educational changes in voting laws and policies. Lastly, The FY22 Budget Resolution (S. Con. Res. Fund, Inc. (LDF) issued the following state- ment: the bill allows the Justice Department to 14) will pave the way for reconciliation. The ‘‘We commend the House of Representa- compel documents to investigate voting provisions of that package will include paid tives for taking this critically important rights violations, expands the federal ob- leave, a long-needed benefit particularly for step in protecting the right to vote with its server program, and pauses discriminatory the 40% LGBTQ+ adults working in res- introduction today of the John Lewis Voting voting changes during judicial review. taurants and food service, who often lack the Rights Advancement Act, H.R. 4. This legis- This bill is a concrete way to advance the ability to take leave care for a family mem- lation provides the building blocks for Con- nation’s fight against discriminatory voting ber. It will also provide a pathway to citizen- gress to fully engage in its duty to protect laws which specifically target people of ship for the approximately 75,000 LGBTQ+ citizens from any efforts to restrict or color. We will continue to support the John Dreamers living in the United States, as well abridge their most fundamental right—the Lewis Voting Rights Advancement Act and as the millions of TPS holders, many of right to vote. other proposals that advance the fight for whom are essential workers that have helped ‘‘H.R. 4 includes provisions that would re- the rights, safety, and empowerment of all keep our country running during the pan- quire states and localities with recent people in our nation. demic. records of discrimination in voting to have For more information, please contact The John Lewis Voting Rights Advance- their proposed voting changes reviewed be- Yvette Badu-Nimako, Senior Director for Ju- ment Act (H.R. 4) would restore key voting fore they are implemented to ensure they are diciary, Civil Rights and Social Justice at rights protections that the Supreme Court not discriminatory. These provisions are cru- [email protected]. gutted in the 2013 Shelby County v. Holder cial to ensure that people are not Sincerely, decision. Since the Supreme Court’s deci- disenfranchised and able to freely partici- MARC H. MORIAL, sion, states and localities have brazenly pate in the political process. If these provi- President and Chief Executive Officer, pushed forward discriminatory changes to sions had been in effect this year—as was the National Urban League. voting practices, such as changing district case prior to the Shelby County decision— boundaries to disadvantage select voters, in- the restrictive voting bills that were re- PASS THE JOHN R. LEWIS VOTING RIGHTS stituting more onerous voter identification cently enacted in states, such as Georgia, ADVANCEMENT ACT Florida, and Arizona, would not have been laws, and changing polling locations with lit- THE BILL WOULD RESTORE CRUCIAL PROTEC- able to go into effect unless and until the tle notice. These laws especially disenfran- TIONS THAT HAVE BEEN REMOVED FROM THE states proved that those laws would not dis- chise people of color, the elderly, low-income VOTING RIGHTS ACT OF 1965. people, transgender people and people with criminate against racial, ethnic, or language On Tuesday afternoon, Democratic law- disabilities. minorities. ‘‘Time is of the essence. Today’s introduc- makers stood on consecrated ground—the Transgender people are particularly vul- tion of H.R. 4 is the beginning of the process foot of the Edmund Pettus Bridge in Selma, nerable to voting discrimination and dis- that ultimately must end in the passage of Alabama. enfranchisement due primarily to challenges this critically important piece of legislation. The members of Congress weren’t there around valid identification documents. Many With the fall election season nearly upon us simply to honor the sacrifices of the late transgender people do not have forms of ID and nation-wide midterm elections a year civil rights icon John Lewis and the hun- that reflect their true gender identity, either away, Congress must ensure that every dreds of other marchers who braved police because they are in the process of changing voter—especially Black voters and other vot- tear gas and clubs for the right to vote, as their documents or because they face finan- ers of color—can exercise their right to par- they’ve done in the past. They were gathered cial or legal barriers to doing so. In addition, ticipate in the political process without bar- to announce the introduction of the John R. many LGBTQ+ people face compounded dis- riers to having their votes cast and count- Lewis Voting Rights Advancement Act (H. crimination based on other characteristics, ed.’’ R. 4), transformative legislation that would including race, age, disability, and economic restore the protections of the Voting Rights status. These vulnerabilities weaken our en- AUGUST 20, 2021. Act that Lewis fought so hard to enact as a tire community’s voting power. DEAR REPRESENTATIVE: As President and civil rights activist. Again, we urge Members to vote in favor of CEO of the National Urban League, and on In 2013, the Supreme Court’s infamous the rule, S. Con. Res. 14, and H.R. 4. behalf of its 91 affiliates in 37 states and the Shelby County v. Holder decision invalidated Best, District of Columbia, I am writing to express the 1965 law’s Section 5 ‘‘preclearance’’ re- DAVID STACY, our strong support for H.R. 4, the John Lewis quirements. which prevented jurisdictions Government Affairs Director, Voting Rights Advancement Act as it is con- with a history of racial discrimination from Human Rights Campaign. sidered on the House floor this week. As a changing voting rules without permission historic civil rights organization dedicated from the Justice Department or a federal court. In the ruling gutting the landmark HI HILLARY: J Street, along with over 100 to ensuring that all people are able to exer- other organizations, is proud to share our cise their fundamental right to vote, we civil rights law, Chief Justice John Roberts support for the newly reintroduced John stand with our fellow racial justice organiza- waved away concerns of new voting restric- Lewis Voting Rights Advancement Act of tions in supporting this bill. tions, claiming that ‘‘nearly 50 years later, 2021 (H.R. 4). The bill would restore the The John Lewis Voting Rights Advance- things have changed dramatically.’’ preclearance protections stripped from the ment Act reauthorizes the Voting Rights Unfortunately, things have changed dra- Voting Rights Act and strengthen voting Act, while putting in place ‘‘fixes’’ in re- matically—just not how Roberts thought. rights across the country. sponse to the Shelby County v. Holder (2013) The danger of new voting restrictions is no and Brnovich v. Democratic National Com- longer theoretical. It’s a grim reality. After With voting rights under threat, the pas- mittee (2021) decisions. After the Shelby record voter turnout in 2020, Republican sage of H.R. 4 would be a critical step toward County decision, the number of discrimina- state legislators around the country have re- protecting the future of our democracy and tory voting laws and practices have dras- sponded by cracking down on the right to functioning governance. tically increased across the country. The bill vote. Brennan Center research shows that J Street urges both co-sponsorship and a is in response to the current needs of this na- this year, 49 states have introduced over 400 YES vote when the bill comes to the floor tion in the fight for voting rights, which bills with provisions that make it harder to next week. have been presented in months-long congres- vote, 30 of which have become law in 18 As always, please do not hesitate to let me sional investigations and hearings. The Vot- states. Just last month, the Supreme Court’s know if you have any questions. ing Rights Act has a long history of bipar- decision in Brnovich v. Democratic National All the best, tisan support that must continue to prevent Committee weakened Section 2 of the Voting HANNAH MORRIS, future inequitable bills and manipulative re- Rights Act, degrading citizens’ ability to Deputy Director of Government Affairs, districting efforts from discriminating challenge policies that lead to voting dis- J Street. against voters of color. crimination.

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.034 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4396 CONGRESSIONAL RECORD — HOUSE August 24, 2021 This all paints a bleak picture as the na- include: (1) changes in method of election to lowing the 2013 Shelby County v. Holder de- tion’s first redistricting cycle since the change a single-member district to an at- cision, which effectively ended pre-clearance Shelby County decision looms, potentially large seat or to add an at-large seat to a gov- review under Section 5 of the Voting Rights redefining the balance of power in Congress erning body; (2) certain redistricting plans Act of 1965 (VRA), states and localities and state legislatures for the next decade. where there is significant minority popu- moved to implement discriminatory voting As my colleague Wendy Weiser told Con- lation growth in the previous decade; (3) an- practices that would previously have been gress yesterday, the bill named for Lewis is nexations or deannexations that would sig- blocked by the VRA. What we have seen an essential step in turning the tide in this nificantly alter the composition of the juris- post-Shelby County confirms what we have war on voting rights. Restoring preclearance diction’s electorate; (4) certain identification long-known—that voter discrimination lives and strengthening Section 2 of the original and proof of citizenship requirements; (5) on. Congress must act to restore the pre- Voting Rights Act would undo much of the certain polling place closures, realignments, clearance coverage formula in the VRA, leg- damage from the Brnovich and the Shelby or efforts to deny sustenance to voters wait- islation that has long-enjoyed bipartisan County rulings. ing in line; (6) the withdrawal of multi- support. President Biden has placed his full support lingual materials and assistance not Founded in 1968, MALDEF is the nation’s behind it, and his Justice Department has matched by the reduction of those services leading Latino legal civil rights organiza- told Congress that the bill must be passed so in English; and (7) certain voter registration tion. Commonly known as the ‘‘law firm of that the federal government can properly list maintenance changes. Preclearance is an the Latino community,’’ MALDEF promotes protect Americans’ voting rights nationwide efficient and effective form of alternative social change in the areas of voting rights, as the midterms quickly approach. The legis- dispute resolution that prevents the imple- immigrants’ rights, education, employment, lation would provide a desperately needed mentation of voting-related changes that and access to justice. Since its founding, bulwark against continuing state voter sup- would deny voters of color a voice in our MALDEF has worked diligently to secure pression efforts. elections. Preclearance saves taxpayers in equal voting rights for Latinos and to pro- Congress must pass the John R. Lewis Vot- covered jurisdictions a considerable amount mote increased civic engagement and par- ing Rights Advancement Act without delay. of money because the jurisdiction can obtain ticipation within the Latino community. quick decisions without having to pay attor- MALDEF played a leading role in securing Re: NHLA Urges Support of the John Lewis neys. expert witnesses, or prevailing plain- the full protection of the VRA for the Latino Voting Rights Advancement Act, H.R. 4 tiffs fees and costs that are incurred in com- community through the 1975 congressional reauthorization of the 1965 VRA. In court, HOUSE OF REPRESENTATIVES, plex and expensive litigation. Across the U.S., racial, ethnic, and lan- MALDEF has, over the years, litigated nu- Washington, DC. guage-minority communities are rapidly merous cases under Section 2, Section 5, and DEAR REPRESENTATIVE: We write on behalf growing-the country’s total population is Section 203 of the VRA, challenging at-large of the National Hispanic Leadership Agenda projected to become majority-minority by systems, discriminatory redistricting, ballot (NHLA), a coalition of the nation’s leading 2044. Between 2007 and 2014, five of the ten access barriers, undue voter registration re- Latino nonpartisan civil rights and advocacy U.S. counties with the most rapid rates of quirements, voter assistance restrictions, organizations, to urge you to vote ‘‘yes’’ on Latino population growth were in North Da- and failure to provide bilingual ballot mate- the John Lewis Voting Rights Advancement kota or South Dakota, two states whose rials. Act of 2021 (VRAA), H.R. 4. This legislation overall Latino populations still account for Discrimination in voting, including restores necessary voting protections to en- less than ten percent of their residents, and against Latino voters, continues to be a seri- sure that discriminatory voting-related are dwarfed by Latino communities in states ous and persistent threat to our democracy changes are blocked before they are imple- like New Mexico, Texas, and California. It is today. This is demonstrated in the compara- mented. There is no right more fundamental precisely this rapid growth of different racial tive rates of voter registration and voter to our democracy than the right to vote, and or ethnic populations that results in the per- participation among racial groups, including for more than 50 years the Voting Rights Act ception that emerging communities of color Latinos. The 2020 presidential general elec- (VRA) provided voters with one of the most are a threat to those in political power. H.R. tion showed unprecedented numbers of vot- effective mechanisms for protecting that 4 identifies different voting changes most ers participating and rates of eligible par- right. H.R. 4 would provide Latino voters and likely to discriminatorily affect access to ticipation unseen in a century, but instead of other voters of color new and forward-look- the vote in increasingly diverse jurisdictions celebrating this work to reduce voter sup- ing protections against voter discrimination. whose minority populations are attaining pression and continue a trend toward ex- NHLA will closely monitor all votes related visibility and influence. The approach is tai- panding the franchise, the election has been to this legislation for inclusion in future lored to the current needs of voters today used to justify increased efforts to reduce NHLA scorecards evaluating Member sup- and is supported by a large body of evidence minority voter participation in future elec- port for the Latino community. that shows that certain practices are used tions. This is a continuation of a recent pat- The VRA is regarded as one of the most routinely to discriminate against voters of tern of increasing voter suppression efforts, important and effective pieces of civil rights color. which stems from ongoing demographic legislation in our country’s history because Congress must protect the access to the changes, including in particular the unprece- it protected voters of color from discrimina- polls, and it must include a known-practices dented growth of the Latino voting commu- tory voting practices before they occurred. coverage formula. H.R. 4 is a critical piece of nity. In 2013, the Supreme Court, in its decision in legislation, including to the Latino commu- In the aftermath of Shelby County, Shelby County v. Holder, struck down the nity, that will restore voter protections that MALDEF originated the idea of practice- formula that determined which states and were lost after the Shelby County decision. based pre-clearance coverage as a limited political subdivisions were required to seek NHLA urges you to stand with voters and to complement to a geographic, history-based federal pre-approval of their voting-related vote ‘‘yes’’ on H.R. 4. formula for broader pre-clearance coverage. changes to ensure they did not discriminate Please feel free to contact Andrea Senteno, Practice-based coverage would address the against minority voters. After Supreme of MALDEF, at [email protected] or increasing introduction and enactment of Court’s decision, states or political subdivi- (202) 293–2828 with any questions. voter suppression measures precisely in re- sions were no longer required to seek Sincerely, sponse to the growth of the local Latino preclearance unless ordered by a federal THOMAS A. SAENZ, community to a level viewed as a threat to court in the course of litigation. The Su- NHLA Civil Rights the political establishment. Practice-based preme Court put the onus on Congress to Committee, Co-Chair pre-clearance would focus administrative or enact a new formula better tailored to cur- MALDEF, President judicial review narrowly on suspect practices rent conditions. & General Counsel. that are most likely to be tainted by dis- H.R. 4 includes both a new geographic cov- JUAN CARTAGENA, criminatory intent or to have discriminatory erage formula to identify those jurisdictions NHLA Civil Rights effects, as demonstrated by a broad histor- that will have to ‘‘preclear’’ their voting-re- Committee, Co-Chair ical record. This coverage would extend to lated changes and a new provision requiring LatinoJustice any jurisdiction in the U.S. that is home to practice-based preclearance, or ‘‘known- PRLDEF, President a racially, ethnically, or linguistically di- practices coverage.’’ Known-practices cov- & General Counsel. verse population and that seeks to adopt a erage would focus administrative or judicial covered practice, despite that practice’s review narrowly on suspect practices that HOUSE OF REPRESENTATIVES, known likelihood of being discriminatory are most likely to be tainted by discrimina- Washington, DC, August 23, 2021. when used in a diverse population. tory intent or to have discriminatory effects, Re: MALDEF Support for the John Lewis While litigation, by private parties and by as demonstrated by a broad historical Voting Rights Advancement Act of 2021, H.R. the Department of Justice, under Section 2 record. Any jurisdiction in the U.S. that is 4 of the VRA remains a powerful means to home to a racially, ethnically, or linguis- DEAR CONGRESSMEMBER: On behalf of stop voter suppression, such litigation is not tically diverse population and that seeks to MALDEF (Mexican American Legal Defense sufficient to address all the current and fu- adopt a covered practice will be required to and Educational Fund), I write to strongly ture potential for elections changes tied to preclear the change before implementation. urge you to support the John Lewis Voting voter suppression. Pre-clearance review ben- The known practices covered under the bill Rights Advancement Act of 2021, H.R. 4. Fol- efits jurisdictions by reducing their costs in

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.037 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4397 defending potential elections changes, and strictive voting proposals with 30 of these R. Lewis Voting Rights Advancement Act, a benefits voting rights by yielding more time- bills becoming law in 18 states just this year bill to restore the pre-clearance protections ly resolution of voting rights disputes. alone. stripped from the Voting Rights Act, and Congress must protect access to the polls ‘‘The John Lewis Voting Rights Advance- strengthen voting rights across the country. and pass H.R. 4, including provisions for ment Act is a fundamental step in protecting The bill is expected to be voted on in the practice-based preclearance. This legislation our freedom to vote by fully restoring the House next week. is critical to restore voter protections that power of the 1965 Voting Rights Act and en- Stephany Spaulding, Just Democracy were lost due to Shelby County. We cannot suring that any changes to voting rules Spokesperson and Founder of Truth and Con- allow any more time to pass without ensur- could not discriminate against voters based ciliation, issued the following statement: ing that every voter can register and cast a on race and that we all have an equal voice ‘‘H.R. 4 is essential legislation to ensure meaningful ballot. MALDEF urges you to in our democracy. that the over 400 state-level voter suppres- stand with all voters and to vote ‘‘yes’’ on ‘‘From his historic march across the Ed- sion laws proposed around the country will H.R. 4. mund Pettus Bridge, to his decades of fight- be countered by federal law. But this bill can Thank you for your time and consider- ing for voting rights and social justice, Con- only stop the bleeding—it cannot repeal the ation. gressman John Lewis never gave up in the dangerous suppression laws already passed in Sincerely, pursuit of America adhering to its core val- Georgia, Florida, and more. We need Con- ANDREA SENTENO, ues and principles—that every American cit- gress to take comprehensive action to pro- Regional Counsel. izen should be heard and have a voice. Con- tect our country’s voting rights and pass the gress must honor his legacy by passing the For the People Act, the John Lewis Voting AUGUST 24, 2021. John Lewis Voting Rights Advancement Act Rights Act, and the Washington, D.C. Admis- DEAR REPRESENTATIVE: Democracy 21 and the For the People Act to protect access sions Act—and we have to eliminate the Jim strongly urges you to vote for passage of to the ballot and ensure that our democracy Crow filibuster to get it done. H.R. 4, the John Lewis Voting Rights Ad- is truly representative of the American peo- This fight for voting rights won’t be easy, vancement Act, when it comes to the floor ple.’’ but it is an existential turning point for the for a vote. fate of our democracy—that’s why we’re H.R. 4 is a vitally important—and urgently DEAR HILLARY: As you prepare to consider marching in cities around the country in the needed—step forward in the work to protect H.R. 4, the John Lewis Voting Rights Ad- March On for Voting Rights on August 28, to the sacred right to vote for all eligible citi- vancement Act, Foreign Policy for America raise our voices and demand Congress take zens. encourages you to uphold the principles of action. We’re marching in the spirit of Con- Today, millions of Black, brown, other mi- democracy and efforts to protect the right to gressman John Lewis, Martin Luther King norities, the disabled, elderly, and young, are vote. Foreign Policy for America urges mem- Jr., Rosa Parks, and countless civil rights at risk of losing their ability to vote due to bers of the House of Representatives to sup- leaders who never gave up on the fight for voter suppression laws being passed in nu- port H.R. 4 to restore democracy and safe- voting rights—and neither will we.’’ merous states. guard the right to vote. We will consider About Just Democracy. Just Democracy is These efforts, if not overridden, will rep- scoring final passage in our 117th Congres- an intersectional coalition with racial jus- resent the greatest voter suppression in the sional Scorecard. tice at its core—uplifting voices from all United States since the Jim Crow era. Foreign Policy for America (FP4A) is a walks of American life that are too often left H.R. 4 will restore the preclearance provi- non-partisan 501c4 organization founded to out of the conversation. The coalition is sion of the Voting Rights Act of 1965 and promote principled American engagement in made up of over 40 Black and Brown-led or- would modernize the formula for deter- the world. Each Congress, we convene a ganizations working across issue areas. It mining which states have a pattern of dis- group of experts from across the foreign pol- mobilizes thousands who know that advanc- crimination and would fall under the icy community to advise on the development ing social and racial justice issues first re- preclearance provision. of our Policy Agenda and our biennial Con- quires bold structural democracy reform. Voting is not a privilege, it is a right. It is gressional Scorecard. The FP4A Scorecard incumbent that Congress act now as the offers our members, concerned voters nation- FOR IMMEDIATE RELEASE, right to vote is being severely threatened in wide, and the media a way to quickly and AUGUST 17, 2021. states around the country. easily understand the degree to which Mem- MARCH ON FOR VOTING RIGHTS RESPONDS TO The passage of H.R. 4 and H.R. 1, the For bers of Congress support strong, principled JOHN LEWIS VOTING RIGHTS ADVANCEMENT the People Act, which the House passed in American foreign policy. ACT INTRODUCTION IN THE HOUSE March, are essential if we are to protect the America’s commitment to pluralism, MARTIN LUTHER KING III, ARNDREA WATERS right to vote in federal elections for all eligi- equality, and non-partisan election adminis- KING, REV. AL SHARPTON, ANDI PRINGLE AND ble citizens. The two bills protect the right tration are the hallmarks of our democracy OTHER VOTING RIGHTS LEADERS ORGANIZE to vote in complementary ways and both and have inspired transitions to democracy MASS MOBILIZATION TO PASS THE JOHN LEWIS must be enacted. in every region of the world. The United VOTING RIGHTS ADVANCEMENT ACT ‘‘The vote is precious. It is almost sacred,’’ States is able to rally allies and mobilize ac- WASHINGTON, D.C.—Today, standing on the the late Representative John Lewis, the civil tion on the biggest global challenges because rights champion, once said. ‘‘It is the most Edmund Pettus Bridge, Congresswoman of who we are as a pluralistic, democratic Terri Sewell (D–AL) introduced the John powerful non-violent tool we have in a de- country that for generations has inspired the mocracy.’’ Lewis Voting Rights Advancement Act, world. H.R. 4 is needed to safeguard our de- which will restore critical provisions of the Democracy 21 strongly urges you to vote mocracy—the beating heart of our prosperity for H.R. 4. Voting Rights Act gutted by the Supreme and strength. Court. Expected to receive a vote in the Our democracy deserves nothing less. Our democracy is at risk today. The John Sincerely, House of Representatives next week, the bill Lewis Voting Rights Advancement Act re- will help stem the rush of attacks on voting FRED WERTHEIMER, stores and expands key ballot access provi- President. rights across the country by ensuring that sions enshrined in the Voting Rights Act of states with a recent history of voter dis- 1965 that were dramatically weakened by AUGUST 17, 2021. crimination are once again subject to federal 2013 Supreme Court decision in Shelby Coun- oversight. END CITIZENS UNITED // LET AMERICA VOTE ty v. Holder. The right to vote is one of the March On for Voting Rights will call on ACTION FUND STATEMENT ON THE INTRODUC- most critical pillars of American Democ- the Senate to pass the John Lewis Voting TION OF THE JOHN LEWIS VOTING RIGHTS AD- racy. We must protect it. Rights Advancement Act and the For the VANCEMENT ACT We urge all Members of the House of Rep- People Act on Saturday, August 28, when END CITIZENS UNITED // LET AMERICA VOTE AC- resentatives to support the John Lewis Vot- millions join the March On for Voting Rights TION FUND PRESIDENT TIFFANY MULLER RE- ing Rights Act (H.R. 4) to help strengthen in D.C., Phoenix, Atlanta, Houston, Miami LEASED THE FOLLOWING STATEMENT ON THE our democracy and protect the right to vote. and more than 40 other cities across the U.S. HOUSE INTRODUCING THE JOHN LEWIS Please don’t hesitate to reach out if we can country to make their voices heard. March- VOTING RIGHTS ADVANCEMENT ACT: answer any questions about our position. ers will also call for the Senate to remove ‘‘In 1965, President Lyndon B. Johnson Sincerely, the filibuster as a roadblock to critical vot- signed the landmark Voting Rights Act of CASSANDRA VARANKA, ing rights legislation. 1965 during a critical moment in our nation Advocacy Director, Rev. Al Sharpton, President and Founder when Jim Crow laws were being used to pre- Foreign Policy for America. of National Action Network, commented in vent Black Americans from exercising their response: ‘‘If you want to understand why fundamental right to vote. Since then, the CIVIL RIGHTS GROUPS TELL CONGRESS TO the vote is so important, look at the last 4 Voting Rights Act has been gutted by a PASS JOHN R. LEWIS VOTING RIGHTS AD- years, the last 10 years, and the last 100 right-wing Supreme Court and partisan Re- VANCEMENT ACT NOW years. Freedom fighter and Congressman publican-led legislatures have moved once WASHINGTON, D.C.—Today at 1pm ET, John Lewis knew it was essential that every again to take away that right. We’ve seen 400 standing on the Edmund Pettus Bridge, Rep. vote must count in order to assure every bills introduced nationwide that include re- Terri Sewell will introduce H.R. 4, the John voice is represented, but unfortunately

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.038 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4398 CONGRESSIONAL RECORD — HOUSE August 24, 2021 through federal voter suppression and gerry- The price of freedom is not free. Let’s ware, and you don’t see the Biden ad- mandering, that hasn’t been the case. Today, pay for it by passing the John R. Lewis ministration bringing lawsuits against Members of Congress continue to fight for Voting Rights Advancement Act. Delaware. the rights of the voiceless with the introduc- Mr. JORDAN. Madam Speaker, I Democrats want to focus on this tion of H.R. 4, the first step to right the wrongs done to the Voting Rights Act and yield myself such time as I may con- manufactured crisis, because they have reassert our Constitutional authority over sume. no plans to deal with the real crises democracy. Whether in Congress, in the Thousands of Americans are stranded that are facing our country: inflation; streets, or during our March On for Voting in Afghanistan, fearing for their lives, crime; the border; and, of course, what Rights, this is the summer of activism.’’ and Democrats are focused on passing is going on in Afghanistan as we speak. Martin Luther King III, Chairman of the legislation to make sure States can’t Don’t be fooled. Today, it is easier to Drum Major Institute, commented in re- require a photo ID to vote. vote than ever in our country. We need sponse: ‘‘Both John Lewis and my father agreed that there is no right more central to Thousands of Americans are stranded to applaud the strides this Nation has democracy than our right to vote. It is the in Afghanistan, while hundreds of taken. We need to embrace the great- cornerstone of democracy, the way we have thousands of illegal immigrants cross ness of our country. This bill is not our voices heard. Congress must pass the our southern border every single about expanding voting rights; it is John Lewis Voting Rights Restoration Act. month. March was the largest month about Democrats consolidating their Our nation is being put to the test, and we on record for illegal crossings until political power. That is why they are must remember my father’s words about the April; April was the largest month of focused on this. At a time when there fierce urgency of now. Arndrea Waters King, President of the illegal crossings until May; May was are so many critical issues and crises Drum Major Institute, commented in re- the largest month until June; and June facing our Nation, they are focused on sponse: ‘‘Coretta Scott King told us, ‘Free- was the largest month until July; and consolidating their power and, I think, dom is never really won, you earn it and win Democrats are focused on passing legis- taking it away from the States. it in every generation.’ Now is the time to lation which says: States who want to Madam Speaker, I reserve the bal- earn and win our sacred right to vote. It is go back to the election law they had ance of my time. up to us to remind Congress they represent just a year ago before the virus, you Mr. NADLER. Madam Speaker, I the people, and the people demand the pas- yield 1 minute to the gentlewoman sage of the John Lewis Voting Rights Res- can’t do that unless you come get per- from California (Ms. LOFGREN). toration Act.’’ mission from the Department of Jus- Andi Pringle, Political and Strategic Cam- tice. Ms. LOFGREN. Madam Speaker, I paigns Director at March On, commented in As Mr. DAVIS said, in 1965, Congress support the John R. Lewis Voting response: ‘‘Voting rights in America hang by passed the Voting Rights Act, a good Rights Advancement Act. a thread, and we are grateful to our leaders piece of legislation that did things that Congress first passed the Voting in Congress who understand the gravity of needed to be done, put things in place Rights Act while Martin Luther King, this moment. But some of those in Congress Jr. led for civil rights and John Lewis act as though voting rights are debatable. that needed to be put in place. But we are a long way from that and so much stood by his side. The law made a dif- They are not—voting rights are a funda- ference, defeating racial discrimination mental requirement of democracy. Without better. legislation like the John R. Lewis Voting In 2013, in the Shelby County v. Hold- in voting. Rights Advancement Act and the For the er Supreme Court decision, the Court But the Court, in the Shelby and People Act to protect both voters and elec- said there is no need to continue Brnovich cases, destroyed important tions, millions will be disenfranchised and preclearance requirements. Here’s a parts of the law. This bill fixes that. America will cease to be the democracy we quote from the Chief Justice: ‘‘The With an updated coverage formula, claim to be. This is why millions will take to conditions that originally justified’’ practice-based preclearance, and ra- the streets on August 28 to demand passage tional standards to challenge racial of this legislation before it’s too late.’’ these measures ‘‘no longer characterize Stasha Rhodes, Campaign Manager of 51 voting in the covered jurisdictions,’’ discrimination, this bill is essential. for 51, commented in response: ‘‘We are re- Justice Roberts stated. African-Amer- Representatives BUTTERFIELD and solved to march on August 28 to make sure ican turnout today exceeds White voter FUDGE both chaired the Subcommittee Congress does everything in its power to pass turnout in five of the six originally on Elections, whose hearings estab- the John Lewis Voting Rights Advancement covered States. During the past elec- lished the factual bases for this bill. Act, the For the People Act and the Wash- tion, voter turnout was higher across All the members of the Subcommittee ington D.C. Admissions Act. We can no on Elections worked hard holding hear- longer allow states with long histories of all racial groups as compared to prior presidential elections. ings around America. I thank them, disenfranchising our communities to strip and I thank my colleagues on the Judi- away voting rights for Black and Brown peo- The United States of America is the ple. After it passes the House, the Senate greatest country in the history of the ciary Committee for their work. As we vote to restore the Voting must remove the Jim Crow filibuster as a world. There is no question that our Rights Act, to protect the rights of roadblock. Millions will march to make that country has done more to advance the Americans from being denied the right call crystal clear.’’ cause of liberty and democracy than Sopia Woodrow, Community Manager of to vote because of their race, we should any other Nation. But, unfortunately, Future Coalition commented in response: remember, honor, and thank those who it seems the Democrats do not want to ‘‘As a young advocate, it is fundamental that came before us, and especially our late acknowledge all of that amazing our voting rights be protected. This act, colleague, John Lewis. combined with the action imminent with progress that has been made and where I urge a ‘‘yes’’ vote. March On For Voting Rights, demonstrates a we are at today. renewed commitment to protecting the Mr. JORDAN. Madam Speaker, I H.R. 4 would subject States and lo- yield 2 minutes to the gentleman from voices of every American. Congress must calities to the whims of partisan bu- California (Mr. ISSA). pass the John Lewis Voting Rights Act to reaucrats within President Biden’s De- ensure the voices of Americans and youth for b 1630 generations to come are heard. partment of Justice. They get to de- Disenfranchised communities have waited cide—not States, as our Constitution Mr. ISSA. Madam Speaker, our col- far too long for the voting rights necessary says—no, no, no, you have to go get league Rahm Emanuel famously said: to justice.’’ permission from the big Federal Gov- ‘‘You never let a serious crisis go to Ms. SEWELL. Madam Speaker, in ernment, do what they say, when it waste.’’ Today, my Democratic col- conclusion, I want to thank the chair- comes to your election laws, even if, as leagues are not letting a serious crisis man of this committee, Chairman NAD- I said before, you just want to go back go to waste. LER; the chairman of the sub- to where you were a year before While America is focused on the trag- committee, STEVE COHEN; the chair- COVID. edy halfway around the world in Af- woman of the House Administration Republican States that Democrats ghanistan, a plan to fail that now has Committee, Representative ZOE LOF- always want to target actually do bet- successfully failed, the reality is, here, GREN; as well as G.K. BUTTERFIELD, for ter than Democrat States, like Presi- instead of holding real hearings, look- the countless hours of testimony and dent Biden’s home State of Delaware. ing at the causes, and maybe, in fact, the reams of documents that show that But for some reason, you don’t hear being more helpful in preventing fur- voter suppression is still alive and well. Democrats raising alarms about Dela- ther suffering of the 37 million people

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.040 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4399 in Afghanistan, what are we doing? We H.R. 4 is focused on overturning the Congress passed the Voting Rights are codifying a permanent majority of Supreme Court decision in Shelby Act in 1965 to overcome shameful State the Democratic Party everywhere they County v. Holder and reinstituting resistance and barriers that prevented can. We are making changes to elec- Federal power over State election laws. minorities from exercising their right. tion law that pull into Washington and Preclearance was established in 1965 But in 2013, the U.S. Supreme Court into the Attorney General’s office con- because there were blatant attempts to held that continuing to require States trol of elections that the Constitution disenfranchise African Americans. We to preclear election law changes based clearly gave to legislatures. are not debating that today. We have upon conduct from a half century ago What we are doing, by the state- made great progress since 1965. was an unconstitutional invasion of ments of my own colleagues on the What is the purpose of H.R. 4? H.R. 4 State sovereignty. other side of the aisle, is we are clearly is a Federal power grab. This bill would The truth is, as JIM said a moment saying we don’t like the Supreme gut voter ID laws across the country. ago, it is easier today for Americans to Court’s decisions, so we are going to The bill would allow the Biden Depart- vote than it has ever been before in our find a way to do what we want to do ment of Justice to veto State voter ID Nation’s history. The VRA worked. even though, in fact, the time and the laws. Thank the Lord that it did. We over- success of the Civil Rights Act has, in In my home State of Wisconsin, some came those problems. fact, mostly passed. said commonsense voter ID laws would In fact, voter registration disparities Why can’t you take success? Because lower turnout. They were wrong. In between minority and nonminority it no longer benefits the goals of a per- 2020, Wisconsin had the fourth highest voters in States like Texas, Florida, manent Democratic majority. I am voter turnout in the country. North Carolina, Mississippi, and my sorry for my Democratic colleagues This bill would make it harder for home State of Louisiana, all previously that, in fact, the people of America do States to maintain accurate voter covered under the old VRA provisions, rolls. Accurate voter rolls are essential not at times approve of things like the are now below the national average for local election officials to accu- tragedy in Afghanistan or, in fact, are and, get this, they are lower than Dem- rately administer elections. not willing to accept a permanent ocrat-run States like New York, Cali- This bill is a Federal overreach. In- smear of we can never have elections fornia, and President Biden’s home stead of Federal overreach, let’s get to without Federal intervention. State of Delaware. work and make it easier to vote and Mr. NADLER. Madam Speaker, I H.R. 4 is a radical, unprecedented hard to cheat. yield 1 minute to the distinguished Federal power grab by unaccountable gentleman from Tennessee (Mr. Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished bureaucrats in Washington that every COHEN). conscientious American ought to op- Mr. COHEN. Madam Speaker, the Re- gentleman from Rhode Island (Mr. pose. I urge my colleagues to vote ‘‘no’’ publicans say we don’t need this voting CICILLINE). on this. rights bill, that we should leave the Mr. CICILLINE. Madam Speaker, I Mr. NADLER. Madam Speaker, I power with the States. My sub- rise in strong support of H.R. 4, the yield 1 minute to the distinguished committee had 13 hearings over 2 John R. Lewis Voting Rights Advance- gentlewoman from Florida (Mrs. years, and the professors and the attor- ment Act. I am proud to be an original neys told us that every time Black and cosponsor of this vital legislation. This DEMINGS). Mrs. DEMINGS. Madam Speaker, my Brown people gain in population and is one of the most important bills we mother was a maid and my father a start to take power, there start to be will consider this Congress. changes in the laws to stop them from Voting rights are the foundation of janitor, but they were good, decent, having power. our democracy, ensuring that every honest people who saw voting as their Just this year, 18 States have en- American gets a fair say in who rep- duty and knew their vote mattered re- acted 30 laws restricting the ability to resents them and who makes the laws gardless of who they were and where vote. There were at least 495 voter sup- governing their lives. they lived. pression bills pending in the States as Voting rights have been under attack When did some of us, as elected offi- of yesterday. all across this country. This year cials, start believing it is okay to no For them to say we don’t need a bill alone, 30 new discriminatory voting re- longer protect basic rights but to lie if in the year that this Capitol faced an striction laws have targeted commu- you have to, cheat if you have to, sup- insurrection, when they tried to over- nities of color, young people, and work- press the vote if you have to, and then turn the electoral college and overturn ing people across 18 States. We cannot stand up and claim victory? a free and fair election, and after that allow this in America. John Lewis called the right to vote happened, two-thirds of the Repub- This critical legislation will restore ‘‘precious, almost sacred,’’ and he was licans voted to overturn the election voting rights protections and provide willing to risk his life to protect it. by throwing out the results in Arizona the tools necessary to ensure discrimi- We reject the politically motivated and Pennsylvania. And then we wanted natory voting laws cannot stand. There lies that seek to undermine faith in our to study that insurrection, and a very is nothing more American than pro- elections. We are the United States of thin number of Republicans even voted tecting the right to vote. America. Yes, we are the greatest Na- to study it. I want to thank my colleague, Con- tion in the world. Democracy is on the line. The right gresswoman SEWELL, for her leader- Let’s live up to America’s promise to vote is on the line. What we learned ship. I thank Chairman NADLER, once again by protecting the precious, from our hearings is that we need to Speaker PELOSI, and all the leadership almost sacred right to vote. pass the Voting Rights Act and protect for the important work they are doing Mr. JORDAN. Madam Speaker, I people’s rights to vote because that is to ensure that voting rights are pro- yield 2 minutes to the distinguished what America is about. I support this tected for all Americans. gentleman from California (Mr. John R. Lewis Voting Rights Act. I want to end by taking a moment to MCCLINTOCK). Mr. JORDAN. Madam Speaker, I recognize and remember the late Con- Mr. MCCLINTOCK. Madam Speaker, would just remind the gentleman that gressman John Lewis, our colleague not long ago, our elections worked Democrats have objected to the elec- and friend, one of history’s greatest well. We maintained accurate voter tors for every Republican President fighters for equality and voting rights, registration rolls and routinely re- this century—every single one. after whom this legislation is so appro- moved people who moved or died. I yield 2 minutes to the distinguished priately named. After all the candidates had their gentleman from Wisconsin (Mr. STEIL). Mr. JORDAN. Madam Speaker, I say, on election day, we went to our Mr. STEIL. Madam Speaker, this yield 2 minutes to the distinguished local polling place. We brought our House just passed a spending frame- gentleman from Louisiana (Mr. JOHN- children to watch the process and work for $3.5 trillion in new govern- SON). taught them to respect it. ment spending. And immediately fol- Mr. JOHNSON of Louisiana. Madam Our neighbors on the precinct board lowing, what is next? A plan for a Fed- Speaker, we have to be clear about handed us our ballot after we identified eral Government takeover of elections. what is happening here. ourselves and signed the roll. We took

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Dozens of minority party and the best way to fight is to stay off the to our neighbor, who placed it in a members fled to Washington, D.C., during House floor,’’ the coalition’s statement said. the first special session to block a GOP vot- The group also released a four-page memo locked box. ing restrictions bill. arguing that far more was at stake in the It was very hard to cheat because The 52 warrants represent all but 15 Demo- second special session than just the elections every ballot had a simple chain of cus- crats in the lower chamber. There were at bill, citing a ‘‘host of radical conservative tody. least 11 present Tuesday. There were no addi- priorities’’ throughout the agenda. The The woke left seeks to destroy that tional new Democrats on the floor Tuesday memo was particularly emphatic about a process. Where they control the law, after four returned a day earlier—and drew new proposal for the second special session— registration is instant, and outdated the wrath of some Democratic colleagues dropping the quorum threshold to a simple majority—calling it an ‘‘ominous allusion to registrations are rarely removed. Bal- still in Washington, and prompted a renewed push inside the party to hold the line. reducing or eliminating minority rights in lots are sent to every name, followed Earlier Tuesday, the House voted over- the Legislature, breaking centuries of Texas by partisan harvesters to collect them. whelmingly to authorize law enforcement to bipartisanship.’’ In fact, over 300 mail-in recall ballots track down lawmakers absent from the Meanwhile, a number of House Democrats were just found in the possession of a chamber. have returned to Texas but have not come to felon passed out in his car in Torrance, That 80–12 vote came hours after the Texas the House floor to help provide quorum. One of them is state Rep. Evelina ‘‘Lina’’ California. Supreme Court ordered that those missing Democrats could soon be detained by state Ortega, who says she is home in El Paso but Back in California, you can print bal- not showing up on the House floor until lots on your home printer and then authorities. The order by the all-GOP court came at the request of Gov. Greg Abbott and there is already a quorum or a majority of send them in. Ballots are no longer se- Phelan, both of whom had asked the court the Democratic caucus decides to be there. cret. Family members, spouses, care- Monday to overturn a ruling from a state ‘‘I pretty much feel that it’s a shame that givers, or party hacks can cajole or district judge that blocked those leaders the governor and Republicans . . . are really pressure you as you cast your vote. from ordering the arrest of the quorum- using the dirtiest tactic available to them,’’ Every fraudulent vote disenfran- breaking Democrats. Ortega told the Tribune on Tuesday evening chises a legitimate voter. That is the In a statement after the warrants were after the House’s vote to send law enforce- ment after the absentee Democrats. ‘‘To me ultimate in voter suppression. signed Tuesday evening, state Rep. Chris Turner of Grand Prairie, who chairs the it’s all about a power grab. I’m glad to stay This bill effectively makes it impos- away and continue to fight them.’’ sible for States to restore integrity House Democratic Caucus, said it is ‘‘fully within our rights as legislators to break As for whether she is concerned about ar- measures like in-person election day quorum to protect our constituents’’ and re- rest, Ortega said she believes it would be a voting or voter ID. It ensures that the iterated Democrats’ commitment ‘‘to fight- ‘‘big mistake’’ by Republicans. chaos and turmoil of recent elections is ‘‘We’ll see what happens,’’ she said. ing with everything we have against Repub- Ms. JACKSON LEE. This is John magnified and institutionalized. licans’ attacks on our freedom to vote.’’ In every election, somebody wins and Since the Legislature gaveled in Saturday Lewis, and he says: ‘‘We will stand up somebody loses. Democracy depends on for its second special session ordered by Ab- for what is right, for what is fair, and both sides having the confidence that bott, the House has been unable to make a what is just,’’ and we will ensure that an election was fair and accurately re- quorum as dozens of Democrats have re- we have courage, the kind of courage mained absent from the chamber. flects the will of the majority. How can that is ‘‘raw courage.’’ When the House was unable to meet its 100- Today, I ask my Republican col- anyone have that confidence under member threshold to conduct business Mon- leagues to reject the big lie, to reject such a system as the left would im- day, members adopted a procedural move the insurrection, and to reject the idea pose? The answer is we can’t. known as a ‘‘call of the House’’ in an effort Mr. NADLER. Madam Speaker, I to secure a quorum. That move locks doors that there is not voter suppression. I stand with H.R. 4, a bill that is the yield 1 minute to the distinguished to the chamber and prevents members on the continuation of the reauthorization gentlewoman from Texas (Ms. JACKSON floor from leaving unless they have permis- sion in writing from the speaker. that I have done over the years as a LEE). That vote earlier Tuesday marks the sec- Ms. JACKSON LEE. Madam Speaker, member of the Judiciary Committee. I ond time in recent weeks that the chamber thank Chairman NADLER, Chairman I include in the RECORD an article with has voted to send law enforcement after COHEN, TERRI SEWELL, all those who breaking news: The Texas Speaker of Democrats still missing from the House. the House signs arrest warrants for ab- During the first special session in July, are part of this great effort, and our sent Democrats in bid to end chamber’s and after more than 50 House Democrats flew whip. But the real important point is that weekslong stalemate to fight against to D.C., members present authorized state we give the vote back to the American suppression and oppression in S.B. 7. authorities to track down their colleagues— but the move carried little weight since people, to the disabled, to young peo- [From the Texas Tribune, Aug. 10, 2021] Texas law enforcement lacks jurisdiction ple, to senior citizens, and we reject TEXAS HOUSE SPEAKER DADE PHELAN SIGNS outside the state. that unfortunate statement. The State ARREST WARRANTS FOR ABSENT DEMOCRATS By the time that first 30-day stretch ended IN BID TO END CHAMBER’S WEEKSLONG of Texas attorney general, the sec- last week, Phelan had signed only one civil retary of state, never found any fraud STALEMATE arrest warrant, for Rep. Philip Cortez, a San (By Cassandra Pollock and Patrick Svitek) Antonio Democrat. But that move came too in the election, in particular in 2020. House Speaker Dade Phelan signed arrest late since Cortez, who had briefly returned I am very glad that this will particu- warrants Tuesday evening for Democrats to Austin, had already gone back to the na- larly have the look-back. It will pro- who broke quorum to block a controversial tion’s capital. tect us against such dilution and dimi- GOP elections bill. The warrants will be de- Intraparty pressure has been mounting on nution. livered to the House Sergeant-at-Arms House Democrats since the second special This is a bill that has to pass, and the Wednesday. Credit: Jordan Vonderhaar for session started. After at least four of them Senate has to pass it. Give the vote The Texas Tribune. Sign up for The Brief, returned to the floor Monday, bringing the back to the American people. Have raw our daily newsletter that keeps readers up to chamber within five members of a quorum, courage. some of their Democratic colleagues who speed on the most essential Texas news. Madam Speaker, as a senior member of the Texas House Speaker Dade Phelan on were still in Washington unleashed on them. Tuesday evening signed civil arrest warrants Rep. Ana-Maria Ramos of Richardson Judiciary Committee and an original cospon- for 52 House Democrats still missing from tweeted at the returning Democrats that sor, I rise today in strong support of H.R. 4, the state Capitol as he aimed to regain the they ‘‘all threw us under the bus today.’’ the John Lewis Voting Rights Advancement quorum needed for the chamber to begin Pressure ramped up Tuesday morning, Act, which corrects the damage done in recent moving legislation during the second special when a coalition of Democratic-aligned years to the Voting Rights Act of 1965 and session. groups released a statement urging House commits the national government to protecting The move was confirmed by Phelan spokes- Democrats to hold firm and continue break- the right of all Americans to vote free from dis- person Enrique Marquez, who said the war- ing quorum. The 21 groups included Planned rants ‘‘will be delivered to the House Ser- Parenthood Texas Votes, the state’s Sierra crimination and without injustices that pre- geant-at-Arms tomorrow morning for serv- Club chapter, the Texas Organizing Project, viously prevented them from exercising this ice.’’ Progress Texas, the Communications Work- most fundamental right of citizenship. The warrants were first reported by The ers of America and several groups that advo- I thank my colleague, Congresswoman Dallas Morning News. Democrats who may cate for Latino Texans. TERRI SEWELL of Alabama for introducing this

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legislation, to Speaker PELOSI, Chairman NAD- voting on legislation relating to redistricting or trouble, necessary trouble, for our right to LER, and the Democratic leadership, and to election practices or legislation relating to the vote. the many colleagues and countless number of right to vote in federal, state, or municipal They have followed the truth in his words ordinary Americans who never stopped agi- elections. and have sacrificed much to follow the highest tating and working to protect the precious right These amendments would have critically calling of their hearts. to vote. strengthened H.R. 4 because state legisla- Texas Republicans seek to pass voting reg- Madam Speaker, in response to the Su- tures across the country are utilizing every ulation laws focused on diverse, urban areas, preme Court’s invitation in Shelby County v. weapon in their arsenal to curtail voting rights; by setting rules for the distribution of polling Holder, 570 U.S. 193 (2013), H.R. 4 provides and no one should fear arrest due to fighting places in only the handful of counties with a a new coverage formula based on ‘‘current for the Constitutional rights of their constitu- population of at least 1 million—most of which conditions’’ and creates a new coverage for- ents. are either under Democratic control or won by mula that hinges on a finding of repeated vot- This includes my home state of Texas, Democrats in recent national and statewide ing rights violations in the preceding 25 years. where earlier this month officers of the Texas elections. It is significant that this 25-year period is House of Representatives delivered civil arrest These bills would limit extended early voting measured on a rolling basis to keep up with warrants, signed by the Texas state Speaker hours, prohibits drive-thru voting and makes it ‘‘current conditions,’’ so only states and polit- of the House, for more than 50 absent Demo- illegal for local election officials to proactively ical subdivisions that have a recent record of crats in an attempt force a vote on the naked send applications to vote by mail to voters, racial discrimination in voting are covered. attempt at voter suppression known as Texas even if they qualify. States and political subdivisions that qualify S.B. 7. These bills are at the forefront of Texas Re- for preclearance will be covered for a period of This is the latest Republican attack on these publicans’ crusade to further restrict voting in 10 years, but if they have a clean record dur- brave state legislators, which began on May Texas, which saw the highest turnout in dec- ing that time period, they can be extracted 30, where after a night of impassioned debate ades in 2020, with Democrats continuing to from coverage. and procedural objections, these Democratic drive up their vote counts in the state’s urban H.R. 4 also establishes ‘‘practice-based lawmakers in Texas took action to block pas- centers and diversifying suburban commu- preclearance,’’ which would focus administra- sage of this massive overhaul of the state’s nities. tive or judicial review narrowly on suspect election laws. Standing between all of this and the voting practices that are most likely to be tainted by With little more than an hour before the vot- rights of thousands of Texans are those brave discriminatory intent or to have discriminatory ing deadline, these Democrats staged a walk- state legislators who currently have a warrant effects, as demonstrated by a broad historical out, depriving their Republican colleagues of out for their arrest. record. the 100-member quorum needed to pass the No elected representative in this great na- Under the bill, this process of reviewing measure. tion should fear that he or she will be locked changes in voting is limited to a set of specific And when Governor Abbot called a special away for simply standing up for justice and en- practices, including such things as: session in Texas for the purpose of passing suring that America’s citizens have the right to 1. Changes to the methods of elections (to horrific voter suppression legislation, those vote. or from at-large elections) in areas that are ra- brave Texas Democrats rose to the challenge For this reason, I believe that H.R. 4 would cially, ethnically, or linguistically diverse. again and broke quorum. have been greatly strengthened by the inclu- 2. Redistricting in areas that are racially, Under the threat of arrest, those heroes sion of my amendments in the Rule. ethnically, or linguistically diverse. fighting for voting rights have escaped to Madam Speaker, I strongly encourage all 3. Reducing, consolidating, or relocating Washington, D.C. Members of Congress to support this bill, be- polling in areas that are racially, ethnically, or Since the arrest warrants were issued, it is cause it is the responsibility and sacred duty linguistically diverse; and my understanding that mass intimidation of the of all members of Congress who revere de- 4. Changes in documentation or require- Texas House Democrats has occurred. mocracy to preserve, protect, and expand the ments to vote or to register. State officials came to their homes with the precious right to vote of all Americans by Madam Speaker, while I am proud to purpose of dragging them back to eviscerate passing H.R. 4, the John Lewis Voting Rights strongly support this bill, I would be remiss if the voting rights of thousands of Texas. Advancement Act. I did not express my disappointment at the de- These elected Texas Representatives have It is useful, Madam Speaker, to recount how cision to not include my amendments to this had to hide away from their friends, their fami- we arrived at this day. Madam Speaker, fifty- bill. lies, and their loved ones, all to ensure that six years ago, in Selma, Alabama, hundreds Jackson Lee Amendments #6, #7, and #8 Texans retain their most sacred of rights. of heroic souls risked their lives for freedom are easy to understand and vitally important— They are risking their freedom to ensure and to secure the right to vote for all Ameri- they simply protect state legislators who, in every Texan has full access to their constitu- cans by their participation in marches for vot- keeping with their sacred oath to uphold the tional right to vote. ing rights on ‘‘Bloody Sunday,’’ ‘‘Turnaround Constitution of the United States, refuse to Although the Republicans have tried to spin Tuesday,’’ or the final, completed march from perform unconstitutional acts under the guise this in many different ways, let’s be clear— Selma to Montgomery. of legislative process. Texas Democrats are taking a righteous stand Those ‘‘foot soldiers’’ of Selma, brave and Specifically: for our democracy. determined men and women, boys and girls, Jackson Lee Amendment #6 allows for fed- Breaking quorum isn’t an easy choice—leg- persons of all races and creeds, loved their eral judicial review of any warrants issued for islators must leave family, friends, constitu- country so much that they were willing to risk the arrest of a state legislator where said state ents, and their important work for days or their lives to make it better, to bring it even legislator refuses to engage in the state legis- weeks. closer to its founding ideals. lative process due to a reasonably held belief But by making this choice, these Texas The foot soldiers marched because they be- that doing so would infringe on the right to Democrats are fighting for all of us, because lieved that all persons have dignity and the vote. voting is not a partisan issue. right to equal treatment under the law, and in Jackson Lee Amendment #7 inserts a Access to the ballot is a sacred cornerstone the making of the laws, which is the funda- Sense of the Congress stating that a state’s of our democracy, and we must protect it at all mental essence of the right to vote. power to arrest a duly elected representative costs. On that day, Sunday, March 7, 1965, more of a constituency for refusal to engage in a Last month marked one year since we lost than 600 civil rights demonstrators, including state’s legislative process should be subject to a champion for voting rights, and the name- our beloved colleague, Congressman John federal judicial review where such elected rep- sake of H.R. 4, Congressman John Lewis. Lewis of Georgia for whom this important leg- resentative’s refusal is premised upon a rea- In his final words, he reminded us that, ‘‘the islation is named, were brutally attacked by sonable belief that participation would result in vote is the most powerful nonviolent change state and local police at the Edmund Pettus the suppression of voting rights or other viola- agent [we] have in a democratic society,’’ and Bridge as they marched from Selma to Mont- tions of the Constitution of the United States that ‘‘Though I may not be here with you, I gomery in support of the right to vote. of America. urge you to answer the highest calling of your ‘‘Bloody Sunday’’ was a defining moment in Jackson Lee Amendment #8 privileges heart and stand up for what you truly believe.’’ American history because it crystallized for the against arrest any member of a state legisla- We may no longer have John Lewis with us, nation the necessity of enacting a strong and ture for any reason except treason or murder but in his absence, the Texas Democrats are effective federal law to protect the right to vote while the legislature of that state is debating or following his example, and stirring up good of every American.

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\A24AU7.017 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4402 CONGRESSIONAL RECORD — HOUSE August 24, 2021 No one who witnessed the violence and But thanks to the Voting Rights Act of 1965, Madam Speaker, in many ways my home brutally suffered by the foot soldiers for justice Barbara Jordan was elected to Congress, giv- state of Texas is ground-zero for testing and who gathered at the Edmund Pettus Bridge ing meaning to the promise of the Voting perfecting schemes to deprive communities of will never forget it; the images are deeply Rights Act that all citizens would at long last color and language minorities of the right to seared in the American memory and experi- have the right to cast a vote for person of their vote and to have their votes counted. ence. community, from their community, for their Consider what has transpired in Texas in re- On August 6, 1965, in the Rotunda of the community. cent past, let alone the noxious voter suppres- Capitol President Johnson addressed the na- Madam Speaker, it is a source of eternal sion bill, SB7, it is currently trying to ramrod tion before signing the Voting Rights Act: pride to all of us in Houston that in pursuit of through the legislature. The vote is the most powerful instrument extending the full measure of citizenship to all Only 68 percent of eligible voters are reg- ever devised by man for breaking down injus- Americans, in 1975 Congresswoman Barbara istered in Texas and state restrictions on third tice and destroying the terrible walls which Jordan, who also represented this historic 18th party registration, such as the Volunteer Dep- imprison men because they are different Congressional District of Texas, introduced, uty Registrar program, exacerbate the sys- from other men. and the Congress adopted, what are now Sec- temic disenfranchisement of minority commu- The Voting Rights Act of 1965 was critical to tions 4(f)(3) and 4(f)(4) of the Voting Rights nities. preventing brazen voter discrimination viola- Act, which extended the protections of Section These types of programs are often aimed at tions that historically left millions of African 4(a) and Section 5 to language minorities. minority and underserved communities that, Americans disenfranchised. We must remain ever vigilant and oppose for many, many other reasons (like demoniza- In 1940, for example, there were less than all schemes that will abridge or dilute the pre- tion by the president, for example) or mistrust 30,000 African Americans registered to vote in cious right to vote. of law enforcement are afraid to live as openly Texas and only about 3 percent of African Madam Speaker, I am here today to remind as they should. Americans living in the South were registered the nation that the need to pass this legislation In Harris County, we had a system where to vote. is urgent because the right to vote—that ‘‘pow- voters were getting purged from the rolls, ef- Poll taxes, literacy tests, and threats of vio- erful instrument that can break down the walls fectively requiring people to keep active their lence were the major causes of these racially of injustice’’—faces grave threats. registrations and hundreds of polling locations discriminatory results. The threats stem from the decision issued in closed in Texas, significantly more in number After passage of the Voting Rights Act in June 2013 by the Supreme Court in Shelby and percentage than any other state. 1965, which prohibited these discriminatory County v. Holder, 570 U.S. 193 (2013), which In addition, the Texas Election Code only practices, registration and electoral participa- invalidated Section 4(b) of the VRA, and para- requires a 72-hour notice of polling location tion steadily increased to the point that by lyzed the application of the VRA’s Section 5 changes. 2012, more than 1.2 million African Americans preclearance requirements. Next, take what happened here in Texas in living in Texas were registered to vote. Not to be content with the monument to dis- 2019 when the Texas Secretary of State In 1964, the year before the Voting Rights grace that is the Shelby County decision, the claimed that his office had identified 95,000 Act became law, there were approximately activist right-wing conservative majority on the possible noncitizens on the voter rolls and 300 African-Americans in public office, includ- Roberts Court, on July 1, 2021, issued its evil gave the list to the Texas State Attorney Gen- ing just three in Congress. eral for possible prosecution—leading to a Few, if any, African Americans held elective twin, the decision in Brnovich v. DNC, 594 ll claim from President Trump about widespread office anywhere in the South. U.S. , No. 19–1257 and 19–1258 (July 1, Because of the Voting Rights Act, in 2007 2021), which engrafts on Section 2 of the Vot- voter fraud and outrage from Democrats and there were more than 9,100 black elected offi- ing Rights Act onerous burdens that Congress activist groups. cials, including 46 members of Congress, the never intended and explicitly legislated The only problem was that list was not ac- largest number ever. against. curate. Madam Speaker, the Voting Rights Act Madam Speaker, were it not for the 24th At least 20,000 names turned out to be opened the political process for many of the Amendment, I venture to say that this con- there by mistake, leading to chaos, confusion, approximately 6,000 Hispanic public officials servative majority on the Court would subject and concern that people’s eligibility vote was that have been elected and appointed nation- poll taxes and literacy tests to the review being questioned based on flawed data. wide, including more than 275 at the state or standard enunciated in Brnovich v. DNC. The list was made through state records federal level, 32 of whom serve in Congress. According to the Supreme Court majority, going back to 1996 that show which Texas Native Americans, Asians and others who the reason for striking down Section 4(b) of residents were not citizens when they got a have historically encountered harsh barriers to the Voting Rights Act was that ‘‘times driver’s license or other state ID. full political participation also have benefited change.’’ But many of the persons who may have had greatly. Now, the Court was right; times have green cards or work visas at the time they got The crown jewel of the Voting Rights Act of changed. a Texas ID are on the secretary of state’s of- 1965 is Section 5, which requires that states But what the Court did not fully appreciate fice’s list, and many have become citizens and localities with a chronic record of discrimi- is that the positive changes it cited are due al- since then since nearly 50,000 people become nation in voting practices secure federal ap- most entirely to the existence and vigorous naturalized U.S. citizens in Texas annually. proval before making any changes to voting enforcement of the Voting Rights Act. Latinos made up a big portion of the processes. And that is why the Voting Rights Act is still 95,000-person list. The preclearance requirement of Section 5 needed and that is why we must pass H.R. 4, Texas Republicans adopted racial and par- protects minority voting rights where voter dis- the John Lewis Voting Rights Advancement tisan gerrymandered congressional, State leg- crimination has historically been the worst. Act. islative redistricting plans that federal courts Between 1982 and 2006, Section 5 stopped Let me put it this way: in the same way that have ruled violate the Voting Rights Act and more than 1,000 discriminatory voting changes the vaccine invented by Dr. Jonas Salk in were drawn with discriminatory intent. in their tracks, including 107 discriminatory 1953 eradicated the crippling effects but did Even after changes were demanded by the changes right here in Texas. not eliminate the cause of polio, the Voting courts, much of the damage was already Passed in 1965 with the extraordinary lead- Rights Act succeeded in stymieing the prac- done. ership of President Lyndon Johnson, the tices that resulted in the wholesale disenfran- Reversing the position by the Obama ad- greatest legislative genius of our lifetime, the chisement of African Americans and language ministration, the Trump Department of Voting Rights Act of 1965 was bringing dra- minorities but did not eliminate them entirely. [in]Justice represented to a federal court that matic change in many states across the The Voting Rights Act is needed as much it no longer believed past discrimination by South. today to prevent another epidemic of voting Texas officials should require the state to get But in 1972, change was not coming fast disenfranchisement as Dr. Salk’s vaccine is outside approval for redistricting maps that will enough or in many places in Texas. still needed to prevent another polio epidemic. be drawn in 2021. In fact, Texas, which had never elected a As Justice Ruth Bader Ginsburg stated in In addition to affirmative ways to making it woman to Congress or an African American to Shelby County v. Holder, ‘‘[t]hrowing out harder to vote, we also know face other odi- the Texas State Senate, was not covered by preclearance when it has worked and is con- ous impediments in Texas. Section 5 of the 1965 Voting Rights Act and tinuing to work to stop discriminatory changes Those of us who cherish the right to vote the language minorities living in South Texas is like throwing away your umbrella in a rain- justifiably are skeptical of voter ID laws be- were not protected at all. storm because you are not getting wet.’’ cause we understand how these laws, like poll

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A24AU7.017 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4403 taxes and literacy tests, can be used to im- years questioned the 2016 election, And then we will immediately jump pede or negate the ability of seniors, racial when in October of 2020 Secretary Clin- over to a noble man with a great name and language minorities, and young people to ton said the election was stolen from that did such great work for America cast their votes. her in 2016? Was that the big lie that along with Dr. King, John Lewis, the This is the harm that can be done without the previous speaker was talking John Lewis Voting Rights Act bill. preclearance, so on a federal level, there is an about? Well, I was here when that was reau- impetus to act. I yield 2 minutes to the distinguished thorized, when that was redone, and I Consider the demographic groups who lack gentleman from Oregon (Mr. BENTZ). begged, after talking to some liberal a government issued ID: Mr. BENTZ. Madam Speaker, this constitutional professors of law, I 1. African Americans: 25 percent bill would operate to freeze in place, to begged Jim Sensenbrenner and John 2. Asian Americans: 20 percent substantially chill, changes to the elec- Conyers not to go forward with section 3. Hispanic Americans: 19 percent tion processes of some of the 90,126 4(b) the way it was and section 5. Let’s 4. Young people, aged 18–24: 18 percent State and local government units do this right so that it won’t be struck 5. Persons with incomes less than $35,000: found in this United States. down. Mr. Sensenbrenner was not open 15 percent Madam Speaker, I assure you, the to that whatsoever; John Conyers, to And there are other ways abridging or sup- election processes of many of these his credit, was. I said, please talk to pressing the right to vote, including: State and local units are not perfect, some professors, let them tell you, it is 1. Curtailing or eliminating early voting. 2. Ending same-day registration. but this bill would chill necessary cor- at risk of being struck down. And he 3. Not counting provisional ballots cast in rections and updating of such election said, well, they say there is a decent the wrong precinct on Election Day will not processes. Why? Because the bill cre- chance of that, but let’s see what hap- count. ates a private enforcement cause of ac- pens. 4. Eliminating adolescent pre-registration. tion, with attorney fees to the pre- What happens now? We come in here, 5. Shortening poll hours. vailing party, and establishes a clear and we are going to disenfranchise 6. Lessening the standards governing voter risk to these 90,126 government units of American voters by taking over the challenges thus allowing self-proclaimed ‘‘bal- incurring tens if not hundreds of thou- voting across America. The Constitu- lot security vigilantes’’ like the King Street Pa- sands of dollars of attorney fees if the tion reserves those provisions to the triots to cause trouble at the polls. government unit gets it wrong and vio- State legislature. We shouldn’t be The malevolent practice of voter purging is lates the subjective standards, such as doing this. not limited to Texas; we saw it in 2018 in the undefined term ‘‘diminishes’’ found Back after the 2000 election when Georgia, where then Secretary of State and in section 4A(c)(2) in the bill. there were some people in Florida that now Governor Brian Kemp purged more than Madam Speaker, after what we have were not as smart as fifth graders be- 53,000 persons from the voter, nearly the been through in the last election, we cause they couldn’t figure out the but- exact margin of his narrow win over his oppo- should be working to encourage cer- terfly ballots, this body jumped in, nent, Stacy Abrams in the 2018 gubernatorial tainty and clarity in our election proc- took over, and said everybody go to election. esses. This bill does not do that. It does electronic ballots and electronic vot- Voter purging is a sinister and malevolent the opposite. ing, and they have caused us misery practice visited on voters, who are dispropor- b 1645 ever since. tionately members of communities of color, by Let’s let States and local government state and local election officials. Mr. NADLER. Madam Speaker, I do the job the Constitution gave them. This practice, which would have not passed yield 1 minute to the distinguished Mr. NADLER. Madam Speaker, I muster under section 5 of the Voting Rights gentleman from New York (Mr. yield 1 minute to the distinguished Act, has proliferated in the years since the Su- JEFFRIES). gentleman from California (Mr. preme Court neutralized the preclearance pro- Mr. JEFFRIES. Madam Speaker, how CORREA). vision, or as Justice Ginsburg observed in dare Republicans come to this floor Mr. CORREA. Madam Speaker, today Shelby County v. Holder, ‘‘threw out the um- and lecture America about masks and I rise in strong support of the John brella’’ of protection. liberty over and over again while at Lewis Voting Rights Act. Madam Speaker, citizens in my congres- the same time undermining the pre- Today across the Nation, States are sional district and elsewhere know and have cious right to vote? eliminating same-day voter registra- experienced the pain and heartbreak of receiv- Free and fair elections are central to tion, reducing voting times, and lim- ing a letter from state or local election officials our liberty, and we are not going to let iting the availability of polling places. that they have been removed from the election anyone take that away from us. These changes essentially make it rolls, or worse, learn this fact on Election Day. Those who worship at the altar of harder for our friends and neighbors to That is why I am very pleased that H.R. 4 voter suppression will fail. Those who vote. includes language that I worked hard to in- worship at the altar of Jim Crow-like This bill is a simple bill. It ensures clude in the Manager’s Amendment to the Vot- oppression will fail. Those who worship that all legally cast ballots are count- ing Rights Advancement Act of 2019 that at the altar of turning back the clock ed. It ensures that the voices of Ameri- strengthens the bill’s ‘‘practice-based to make America hate again will fail. cans are louder than those of special preclearance’’ provisions by adding specifically We are not going backward. interests. to the preclearance provision, voting practices The John Robert Lewis Voting I urge my colleagues to vote ‘‘yes’’ that add a new basis or process for removing Rights Advancement Act will become on the John Lewis Voting Rights Act. a name from the list of active registered voters law, and when it is all said and done, Mr. JORDAN. Madam Speaker, I and the practice of reducing the days or hours democracy will prevail, and good trou- yield 1 minute to the gentleman from of in-person voting on Sundays during an ble will win the day. Georgia (Mr. CARTER). early voting period. Mr. JORDAN. Madam Speaker, I Mr. CARTER of Georgia. Madam For millions of Americans, the right to vote yield 2 minutes to the gentleman from Speaker, I thank the gentleman for protected by the Voting Rights Act of 1965 is Texas (Mr. GOHMERT). yielding. a sacred treasure, earned by the sweat and Mr. GOHMERT. Madam Speaker, as Madam Speaker, I rise today in toil and tears and blood of ordinary Americans has been said earlier by DARRELL ISSA, strong opposition to H.R. 4. who showed the world it was possible to ac- it was Rahm Emanuel that pointed This legislation is named after a good complish extraordinary things. out, don’t let a good crisis go to waste. man and a fellow Georgian, John Madam Speaker, it is the responsibility and So here we have a crisis on our Lewis, whom I was honored to call sacred duty of all members of Congress who southern border and Afghanistan, and friend while we served together in this revere democracy to preserve, protect, and what do we do? The majority comes in body. expand the precious right to vote of all Ameri- here and says, we don’t want our Mem- And let me remind my colleagues on cans by passing H.R. 4, the John Lewis Vot- bers to have to vote on a $3.5 trillion the other side of the aisle and the ing Rights Advancement Act. spending bill, so we will just pass a rule Speaker that I was the only Republican Mr. JORDAN. Madam Speaker, was it that says without anybody voting on it to join you in San Diego for the chris- a big lie when the Democrats for 4 we pass a $3.5 trillion spending bill. tening of the USNS John Lewis, and I

VerDate Sep 11 2014 07:35 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.018 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4404 CONGRESSIONAL RECORD — HOUSE August 24, 2021 did it because he was my friend. I did it while enshrining in the Constitution boat. That is what John Lewis said. He because he should be honored. the 13th and 15th amendments and the said it in Ghana. He said it many While he was a good man, this legis- 19th amendment, which we are cele- times. lation does nothing to advance the brating this week to expand voting We are all in the same boat. We all rights of our citizens to vote as my rights to women and to passing land- should have the right to vote. And that friends on the other side of the aisle mark civil and voting rights protec- should not be diminished by anyone. It would claim. tions, including the Voting Rights Act. is unpatriotic to undermine the ability H.R. 4 is a radical and unprecedented Right here in this very Chamber the of people who have a right to vote to Federal power grab over State-admin- Voting Rights Act was passed. Presi- have access to the polls. istered elections under the guise of up- dent Lyndon Johnson spoke in a beau- As John knew, this precious pillar of dating the Voting Rights Act of 1965. tiful speech, the ‘‘We Shall Overcome’’ our democracy is under attack from At the time, the extraordinary meas- speech, in which he called the VRA’s what is the worst voter suppression ures employed by the Voting Rights passage, ‘‘The history of this country, campaign in America since Jim Crow. Act were important, however, thank- in large measure, is the history of the Unleashed by the dangerous Shelby v. fully, as the U.S. Supreme Court recog- expansion of that right to all of our Holder in 2013 and 2021, State law- nized in a 2013 decision, things have people.’’ makers have introduced over 400 sup- changed dramatically in the U.S. since We all know that the story of Amer- pression bills. 1965. ica is a story of ever-expanding free- I am very honored today, Madam In fact, elections in 2018 and 2020 saw doms, yet today, that story and those Speaker, that we have legislators from record turnout among Americans from rights are under threat from a tar- the State of Texas who are fighting the minority communities. geted, brazen, and partisan campaign fight for voting rights for people in Madam Speaker, H.R. 4 must be re- to deny Americans the ballot. their State and in our country. They jected to ensure that the Federal take- This campaign is anti-democratic, it are patriotic Americans. And let us over of our elections stops right here. is dangerous, and it demands action. hear applause for those Texans who Mr. NADLER. Madam Speaker, I Today, the House will pass H.R. 4, the have done so much. yield 1 minute to the gentlewoman John R. Lewis Voting Rights Advance- Much has been said about from California (Ms. PELOSI), the dis- ment Act to combat this anti-demo- preclearance and thousands of dis- tinguished Speaker of the House. cratic tide. This bill restores the power criminatory voting changes. But let us Ms. PELOSI. Madam Speaker, I of the Voting Rights Act, as President just say that in the Shelby decision, thank the gentleman for the recogni- Johnson said, ‘‘ . . . one of the most the dissent was written by Justice tion, and I acknowledge his tremen- monumental laws in the entire history Ginsburg, and she noted in her dissent dous leadership over time, including of American freedom.’’ the Court’s reasoning in Shelby was right now on the issue of voting rights Any diminishment of the Voting nonsensical. ‘‘Throwing out in our country. I thank him for bring- Rights Act is a diminishment of our de- preclearance when it has worked and is ing this important legislation to the mocracy. In America, the right to vote continuing to work to stop discrimina- floor and to do so under the name of must never be compromised. tory changes is like throwing away Congresswoman TERRI SEWELL, the au- Again, I thank Representatives SE- your umbrella in a rainstorm because thor of the bill, who has been working WELL, Mr. BUTTERFIELD, Marcia Fudge, you are not getting wet.’’ on this for a long time, since the as- JERRY NADLER, ZOE LOFGREN, Mr. CLY- Sadly, the Court has since continued sault on the legislation, on these laws BURN, and so many who made this day that assault on the ballot. by the Supreme Court. possible. I also thank Mr. CLYBURN, a cham- And let me pause to salute our be- So H.R. 4, the John R. Lewis Voting pion from the civil rights era to now, loved conscience of the Congress, the Rights Advancement Act, would be a always fighting for all of this; and ZOE late John Lewis, whose words guide us. remedy to this assault and to restore LOFGREN, the chair of the Committee ‘‘The vote is precious,’’ he said. ‘‘It is the preclearance provisions. on House Administration. almost sacred. It is the most powerful, I have said earlier today on the rule We have so many people to acknowl- nonviolent tool we have in a democ- on this vote, in 2006 we all came to- edge; Mr. BUTTERFIELD for his work in racy.’’ gether in a bipartisan way to pass the establishing the constitutional record, The previous speaker mentioned that Voting Rights Act. Nearly 400 votes in as well as Marcia Fudge, now Secretary he had been at the christening of the the House, unanimous in the Senate. Fudge, for her work. So many people USNS John Lewis. We were all to- We came together in the center of the worked to build a constitutional basis gether in San Diego, and we were hon- Capitol, marched down the Capitol to make it ironclad so that the Su- ored that the Congressman was there steps celebrating that. preme Court of the United States can- with us. The bill was signed by President not once again do violence as it did in As he was saying those words, I was George Bush proudly. He joined us in Shelby County v. Holder and the most remembering that day. We were all Selma, hosted by Congresswoman SE- recent assault on section 2. very excited. It was the largest contin- WELL. He and President Obama joined Madam Speaker, I think my col- gent of Members of Congress to go to us in Selma, and he came and spoke as leagues will all agree that many won- the christening of a ship—and I have the President who had signed the Vot- derful honors are afforded us as Mem- been to several, so I know—and what it ing Rights Act. As I say, more impor- bers of Congress. I can think of none was reminding me of is when we had tantly, Mrs. Laura Bush was there, so that is more poignant than being here gone a couple years ago in 2019 to their hearts were in all of this. It was today to be able to speak on this im- Ghana; John Lewis led us there. It was bipartisan. I wish it could be today. portant issue named for John Lewis. It the 400th anniversary. You were there, In our work to protect the ballot, let is almost a religious experience be- Madam Speaker. Mr. CLYBURN and so us recall John Lewis’ final message cause of the sanctity of the vote, which many others were there. We were there published after his passing. ‘‘Democ- is greatly at risk. with John Lewis, and we went to the racy is not a state. It is an act.’’ With Our colleagues have mentioned some door of no return, which now is the H.R. 4, his namesake, the Congress of the assaults on voting that have door of return as they were welcoming takes this action to build a future in taken place to undermine what we are, people back. which we all have equitable access to a democracy. We talk about the pre- I have on this bracelet that I got the ballot and to our democracy. amble where 230 years ago our Found- from the President of Ghana when we In memory of our beloved John, for ers gave us guidance in the words, ‘‘we were there as a remembrance of that whom this legislation is named, and in the people’’ establishing a government trip, and I have it on now because what the interest of passing it and H.R. 1, of in which the people, not a king, would John Lewis said then, and apropos of which he wrote the first 300 pages, let shape their own destiny. the christening of a ship, We may have us honor our patriotic duty and make Ever since, Americans have fought to all come to this country on different justice and equality there for everyone make real that promise for all citizens ships, but now we’re all in the same to vote.

VerDate Sep 11 2014 07:35 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.038 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4405 b 1700 Si se puede. Yes, we can. [From the New Democrat Coalition, Aug. 23, Mr. JORDAN. Madam Speaker, the I urge my colleagues to join me in 2021] Speaker of the United States House of support of H.R. 4. NEW DEMOCRAT COALITION ENDORSES H.R. 4 Representatives just applauded Texas Mr. JOHNSON of Louisiana. Madam The New Democrat Coalition (NDC) an- legislators for not showing up to work, Speaker, I yield 1 minute to the gentle- nounced its endorsement of H.R. 4, the John R. Lewis Voting Rights Advancement Act. woman from New York (Ms. TENNEY). for not doing their job. I mean, the The bill, introduced by NDC Member Terri things we see today, it is truly amazing Ms. TENNEY. Madam Speaker, I am Sewell (AL–07), seeks to address the most to me. strongly opposed to H.R. 4. When our egregious forms of recent voter suppression Madam Speaker, I yield the balance Founders created this self-governing by restoring the protections of the 1965 Vot- of my time to the gentleman from Lou- constitutional republic, they vested ing Rights Act and determining which states isiana (Mr. JOHNSON). the power to administer time, place, and localities with a recent history of voting Mr. JOHNSON of Louisiana. Madam and manner of elections with our State rights violations must pre-clear election Speaker, I reserve the balance of my legislatures. They knew the sacred changes with the U.S. Department of Jus- time. right to vote would be better preserved tice. ‘‘Our responsibility as members of Con- Mr. NADLER. Madam Speaker, I by democratically elected, accountable yield 1 minute to the distinguished gress is to ensure that the American people State and local officials rather than have trust in our democratic process and eq- gentlewoman from Pennsylvania (Ms. unelected Federal bureaucrats. This uitable access to the ballot box,’’ said New SCANLON). principle has endured for two cen- Democrat Coalition Chair Suzan DelBene. Ms. SCANLON. Madam Speaker, turies. However, this principle is now ‘‘Congresswoman Sewell is continuing Con- since the founding of our country, our under attack here in the people’s gressman John Lewis’ legacy by reintro- quest for a more perfect union has fea- House. ducing this crucial legislation all to keep tured measures to expand, not con- our elections fair and open. The Coalition en- My colleagues on the other side of tract, the right to vote. dorsed this bill because the right to vote is In 1965, activists, including a young the aisle argue that democracy is the most sacred and fundamental right our John Lewis, put their lives on the line somehow in peril. And their solution to nation offers. We urge our colleagues on both to pass the original Voting Rights Act. this problem is to relinquish total con- sides of the aisle to join us in passing this For decades, that law enjoyed broad trol of our elections, again, to Federal, historic piece of legislation.’’ unelected bureaucrats—a complete op- I’m so proud that the John R. Lewis Vot- bipartisan support, but in recent years, ing Rights Advancement Act has earned the State legislatures have passed hun- posite of democratic concepts; bureau- crats with the power to prosecute endorsement of the New Democrat Coali- dreds of laws to restrict voter access. tion,’’ said New Democrat Member Rep. In 2020, our system held. It held be- based on political views and party af- Terri Sewell. ‘‘The right to vote is the most cause voters turned out in over- filiations. sacred and fundamental right we enjoy as whelming numbers. It held because These are the same officials who were American citizens and one that the Foot Sol- election officials did their jobs faith- absent when now-disgraced former diers fought, bled, and died for in my home- fully, regardless of party. It held be- Democrat Governor Cuomo unilater- town of Selma, Alabama. Today, old battles cause brave officers of the U.S. Capitol ally altered New York election laws have become new again as we face the most and Metro Police defended our Con- last year in violation of New York’s pernicious assault on the right to vote in constitution, which chaotically over- generations. By restoring federal oversight stitution. and preventing states with a recent history But let’s be clear, the assault on vot- stressed the system and compromised of voter discrimination from restricting the ing rights continues, inspired by cor- the guarantee of a free, secure, and fair right to vote, this bill keeps the promise of rupt and cynical efforts to hold power election. our democracy alive for all Americans and at all costs. We must do our job to pro- Madam Speaker, I urge my col- advances the legacy of those brave Foot Sol- tect and reinforce our democratic sys- leagues to vote against this legislation. diers like John Lewis who dedicated their tem against these new threats because Mr. NADLER. Madam Speaker, I lives to preserving the sacred right to vote. it won’t hold indefinitely. yield 1 minute to the distinguished The Coalition has long been an advocate for promoting voting rights and protecting Madam Speaker, I urge all Ameri- gentlewoman from Georgia (Mrs. cans to hold the line to protect and de- American elections and endorsed H.R. 4 last MCBATH). Congress. Earlier this year, the Coalition fend our democracy. I urge swift pas- Mrs. MCBATH. Madam Speaker, I also endorsed H.R. 1. the For the People Act, sage of the John R. Lewis Voting rise in support of H.R. 4, the John R. earlier this year. With the endorsement and Rights Advancement Act by the House Lewis Voting Rights Advancement Act. expected House action on H.R. 4, the Coali- and the Senate. During the Civil Rights Movement, I tion remains committed to advancing voting Mr. JOHNSON of Louisiana. Madam was a child in the stroller at the March and campaign reform legislation through the Speaker, I reserve the balance of my Senate and to the President as soon as pos- on Washington. And my father, who time once more. sible. Mr. NADLER. Madam Speaker, I was the president of the Illinois branch -- yield 1 minute to the distinguished of the NAACP for over 20 years, he SIERRA CLUB, raised me to always fight for what is August, 24, 2021. gentlewoman from Texas (Ms. GARCIA). Ms. GARCIA of Texas. Madam Speak- right and what is just; to stand up for DEAR REPRESENTATIVE: On behalf of the Si- erra Club’s 4 million members and volun- er, I rise today in support of H.R. 4 and those who don’t always have a voice. John Lewis embodied the spirit of teers, we are writing to urge a YES vote on its efforts to protect access to the bal- the rule for the upcoming budget resolution lot box and advance justice and democ- justice, and he inspired so many to and H.R. 4, the John Lewis Voting Rights racy for all, including Latinos, which fight for voting rights. John did say, Advancement Act, and the Senate Amend- represent 77 percent of my district. ‘‘Freedom is not a state, it is an act.’’ ment to H.R. 3684. We are all equal under the law and Freedom is the continuous action we Vote yes on the Rule containing S. Con 14/ should be treated equally at the ballot all must take, and each generation H.R. 3684 and H.R. 4. box. Recent attempts by the GOP-led must do its part to create an even more The vote on this rule will deem the budget resolution that would initiate the reconcili- legislatures in States like my home fair and more just society. Today, we do our part. We stand up ation process to tackle the ongoing climate State of Texas, demonstrate how ur- crisis, one of our nation’s greatest threats. gent it is to protect our democracy. for the right to vote; freedoms this Na- Today’s vote comes just days after the These attempts could disenfranchise tion was founded upon and freedoms Intergovernmental Panel on Climate Change nearly 8 in every 10 of my constituents. which must long endure. (IPCC) warned that the changing climate and Our country has one of the strongest Madam Speaker, I ask my colleagues extreme weather events we’re already expe- democracies in the world, and it is sim- to join me today in the act of fighting riencing will continue to rapidly worsen. For ply un-American to disenfranchise vot- for freedom, fighting for democracy, many states this includes sea level rise, ers. I urge my colleagues to pass H.R. and supporting the John R. Lewis Vot- coastal flooding, more frequent storms, and extreme weather conditions, all of which 4, which would maintain elections free, ing Rights Advancement Act. threaten infrastructure and the abundant fair, and accessible to all eligible vot- Madam Speaker, I include in the natural resources critical for the local econ- ers. Let’s make our democracy strong- RECORD letters of support for the Ad- omy. The growing local impacts of climate er. vancement Act. change are clear, but so too is the fact that

VerDate Sep 11 2014 07:35 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.040 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4406 CONGRESSIONAL RECORD — HOUSE August 24, 2021 climate inaction will have severe costs for The latest actions of state legislatures attacks on our freedom to vote that are the nation’s economy. show that the protections of the Voting being mounted across our country—so that The Sierra Club strongly urges you to con- Rights Act are still woefully needed. They we all have an equal say in our future and sider the enormous significance of this mo- prove that the late Supreme Court Justice our rights are protected. ment and, VOTE YES on the budget resolu- Ruth Bader Ginsburg was right in her Shelby For these reasons, we urge you to support tion, so we can begin the necessary process County dissent when she wrote that to use the IIJA, the FY2022 budget resolution, and through budget Reconciliation to address the the success of the Voting Rights Act as proof the John R. Lewis Voting Rights Advance- climate crisis. that it is unneeded is as wise as not using an ment Act. We will add votes on each of these Vote yes on H.R. 4 The John Lewis Voting umbrella in a storm because you don’t feel bills to our legislative scorecard for the 117th Rights Advancement Act. the rain. Most of the states that have re- Congress. In addition to addressing our nation’s cli- cently enacted, or are currently debating, Sincerely, mate crisis, it is imperative that we also pro- laws restricting the right to vote have a his- MARY KAY HENRY, tect our nation’s democracy. The same com- tory of having their efforts blocked when the International President. munities most vulnerable to climate impacts Voting Rights Act’s preclearance require- are those disproportionately impacted and ments were in full effect. H.R. 4 would estab- LIUNA!, have been harmed by the dilution of the Vot- lish new preclearance formulas that would August 23, 2021. ing Rights Act by the Supreme Court in 2013 prevent states with a history of voter dis- HOUSE OF REPRESENTATIVES, and 2021. crimination from enacting new laws that Washington, DC. Since then we have seen a rise in discrimi- would suppress the vote. It would also ensure DEAR REPRESENTATIVE: On behalf of the natory voter laws, from cuts to early voting that last-minute voting changes do not ad- 500,000 members of the Laborers’ Inter- days to restrictive voter identification re- versely affect voters by requiring officials to national Union of North America (LIUNA), I quirements. The John Lewis Voting Rights publicly announce all voting changes at least want to express our strong support for H.R. Advancement Act would restore 180 days before an election, and it would ex- 4, the John R. Lewis Voting Rights Advance- preclearance coverage for state, localities, pand the government’s authority to send fed- ment Act of 2021. and political subdivisions with a history of eral observers to any jurisdiction where Since the 2013 Supreme Court Shelby Coun- voter discrimination, and would increase there may be a substantial risk of discrimi- ty v. Holder decision, which challenged por- transparency and public awareness for nation at the polls on Election Day or during tions of the Voting Rights Act of 1965, many changes to voting and polling practices that an early voting period. states have enacted laws that restrict access can be confusing and deter American voters. John Lewis reminded us, ‘‘Each of us has a to the polls by shortening early voting For these reasons we urge a yes vote on the moral obligation to stand up, speak up and hours, enacting strict voter ID requirements, rule for the budget resolution, and for de- speak out. When you see something that is and decreasing the number of polling loca- mocracy and the John Lewis Voting Rights not right, you must say something. You tions. These changes to the law Advancement Act. must do something.’’ This is your chance. disproportionally effect minority and Sincerely, We urge you to defend voting rights disenfranchised communities. Just last DAN CHU, throughout the country by supporting the month, in Brnovich v. Democratic National Acting Executive Director. John Lewis Voting Rights Advancement Act Committee, the Supreme Court decided that AFT, and renewing the fight for the comprehen- rules that impacted different populations un- August 23, 2021. sive voting rights legislation that must ac- equally were not unfair. This decision opened company it. the door even more broadly to different U.S. House of Representatives, Thank you for considering our views on forms of voter suppression. Washington, DC. this critical legislation. H.R. 4 is critically needed to help to re- DEAR REPRESENTATIVE: On behalf of the 1.7 Sincerely, verse the negative effects of these restrictive million members of the American Federation RANDI WEINGARTEN, state laws by requiring states and localities of Teachers, I strongly urge you to support President. with a history of voting rights violations to the John Lewis Voting Rights Advancement pre-clear any changes to election laws with Act (H.R. 4). The need to strengthen and re- SEIU, the Department of Justice. This important establish the protections of the Voting August 20, 2021. legislation will ensure that elections across Rights Act of 1965, the crowning achieve- DEAR REPRESENTATIVE: On behalf of the 2 this country remain fair and will restore the ment of the civil rights movement, is more million members of the Service Employees portions of the Voting Rights Act of 1965 pressing now than ever before. International Union (SEIU), I write in sup- that recent Supreme Court decisions have The late Rep. John Lewis once said, ‘‘The port of the Infrastructure Investment and eliminated. In addition, this legislation will vote is precious. It is almost sacred. It is the Jobs Act (IIJA) as well as the Federal Fiscal ensure that multilingual voting materials most powerful non-violent tool we have in Year 2022 Budget Resolution, and the John are more widely available and that polling our democracy.’’ The bedrock of American R. Lewis Voting Rights Advancement Act. places do not disproportionally serve privi- democracy is participation at the ballot box Taken together, these critical bills will help leged communities over communities of for all, no matter their religion, their race, strengthen our democracy and deliver on the color. their income, their gender, their age, where full promise of President Biden’s Build Back For decades LIUNA has stood side by side they come from, what state they reside in or Better agenda. with civil rights activists, including the late their ZIP code. Everything relies on voting After years of inaction, the IIJA advances Congressman John Lewis, as they marched rights, from the ability of local communities important programs in public transpor- and took to the streets to fight for the crit- to run their schools and manage local serv- tation, clean water, broadband and climate ical issue of voting rights—one of the corner- ices to the peaceful transfer of presidential resilience. These public investments would stones of our democracy. LIUNA will con- power. give our communities a much-needed boost tinue to speak out against discriminatory In the wake of two U.S. Supreme Court de- and help support safer roadways and schools, laws and practices that attempt to dis- cisions—Shelby County v. Holder and cleaner water, and more available and af- enfranchise voters. Ensuring all Americans Brnovich v. Democratic National Committee fordable Internet. But much more has to be have equal access to their constitutionally that gutted the Voting Rights Act, states done to build our country back better and enshrined right to vote is a top priority. have considered and enacted a rush of new ensure that workers have unions and a voice LIUNA supports H.R. 4, the John R. Lewis laws making the right to vote harder to ex- in their own futures. Voting Rights Advancement Act of 2021, ercise, especially for communities of color. By advancing the infrastructure bill along which passed the U.S. House of Representa- According to the Brennan Center for Justice, with the Build Back Better reconciliation tives with a bipartisan vote in the last Con- more than 400 voter suppression bills have package, with its commitments to living- gress and urges you to vote for this much- been taken up by state legislatures since wage care jobs with the opportunity to join needed legislation. January of this year, and 18 states have al- together in a union—a path to citizenship With kind regards, I am ready enacted 30 laws restricting the right to and climate justice, Congress can take bold Sincerely yours, vote. Recent voter suppression measures em- measures needed to meet essential workers’ TERRY O’SULLIVAN, brace a variety of tactics including reducing demands for common-sense and trans- General President. early voting, eliminating polling places, giv- formative policy solutions. ing local judges the ability to overturn elec- The budget resolution is the key to cre- NATIONAL EDUCATION ASSOCIATION, tions, and making it a crime to deliver water ating the pathway we need for both the IIJA August 23, 2021. or food to voters standing in line. While com- and the reconciliation bill. We call on you to Hon. TERRI A. SEWELL, panion legislation with comprehensive na- act immediately to pass the FY 2022 budget House of Representatives, tional voting standards and reforms, such as resolution to move forward on President Washington, DC. the For the People Act, is needed to address Biden’s Build Back Better full vision. In ad- DEAR CONGRESSWOMAN SEWELL: On behalf the state laws already enacted, passing the dition, we strongly urge you to support the of the 3 million members of the National John Lewis Voting Rights Advancement Act John R. Lewis Voting Rights Advancement Education Association who work in 14,000 is essential to prevent new state voter sup- Act. This crucial legislation will help pro- communities across the nation, we urge you pression measures from being enacted. tect our democracy against the widespread to vote YES on the John Lewis Voting

VerDate Sep 11 2014 07:35 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.026 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4407 Rights Advancement Act of 2021 (H.R. 4) be- Allowing the Department of Justice and AARP looks forward to working with Con- cause it will protect our most fundamental voters of color to challenge changes in a vot- gress and the Administration to ensure every right as citizens and safeguard the integrity ing rule that would make voters of color citizen’s right to vote. of our democracy. Votes on this issue may be worse off in terms of their voting rights than Sincerely, included in NEA’s Report Card for the 117th the status quo; NANCY A. LEAMOND, Congress. Expanding authority for courts to ‘‘bail- Executive Vice Presi- NEA members help prepare students for in’’ jurisdictions to the preclearance process dent and Chief Ad- the privileges and responsibilities of citizen- and updating the ability of jurisdictions to vocacy & Engage- ship. They want students to understand how ‘‘bail-out’’ of the preclearance process once ment Officer. our government works and their role in mak- they demonstrate a record of not harming ing it work—especially through voting. Yet, voters of color; and AMERICAN PUBLIC HEALTH, accessing the vote has become more difficult Providing voters with additional protec- ASSOCIATION, in recent years, particularly for African tion by easing the standard for when courts August 23, 2021. Americans and other people of color, people can temporarily block certain types of vot- HOUSE OF REPRESENTATIVES, with disabilities, students, and senior citi- ing changes while the change is under review Washington, DC. zens. In fact, from January through mid- in court. This is important because once a DEAR REPRESENTATIVE: On behalf of the July of this year, nearly 400 bills were intro- voter is discriminated against in an election, American Public Health Association, a di- duced in 49 states that would make voting it cannot be undone. verse community of public health profes- more difficult, according to the Brennan NEA members live, work, and vote in every sionals that champions the health of all peo- Center for Justice. At least 18 of those states ple and communities, I write in strong sup- have enacted 30 new laws that restrict our precinct, county, and congressional district in the United States. They take their obliga- port of H.R. 4, the John R. Lewis Voting freedom to vote. Rights Advancement Act of 2021. The U.S. Supreme Court in the 2013 Shelby tion to vote seriously, viewing it as essential Over the past decade, U.S. Supreme Court v. Holder decision invalidated a crucial pro- to protecting the opportunities that they be- decisions such as Shelby County v. Holder vision in the Voting Rights Act of 1965 (VRA) lieve all students should have. Educators and Brnovich v. Democratic National Com- that prevented states with a history of dis- teach students that voting is a responsibility mittee have unfortunately eroded key pro- criminating against voters from changing of citizenship, a privilege people have died to tections provided by the Voting Rights Act their voting laws and practices without protect, and a right we must dedicate our- that protect against racial discrimination in preclearance by federal officials. This federal selves to upholding. We urge you to vote the voting process, giving many states the review was an important feature of the Vot- YES on the John Lewis Voting Rights Ad- ability to suppress and discriminate against ing Rights Act; doing away with it has vir- vancement Act so that all may participate in tually annulled the federal oversight that the electoral process and have a voice in our voters. This year alone, state lawmakers was—and remains—crucial to ensuring that democracy. have introduced 400 bills and enacted 30 laws millions of people have equal access to the Sincerely, restricting access to voting in 48 states. The ballot box. Since the Shelby decision, several MARC EGAN, John R. Lewis Voting Rights Advancement states have changed their voting practices in Director of Government Relations, Act of 2021 would restore VRA protections by ways that have created barriers for people of National Education Association. establishing a federal review process of color, low-income people, transgender peo- changes to state voting laws. Potentially ple, college students, the elderly, and those AARP, discriminatory changes would be paused until federal review is completed, and with disabilities. August 24, 2021. changes found to be discriminatory would be Furthermore, just last month, the Su- Hon. TERRI SEWELL, blocked entirely. Furthermore, strict over- preme Court ruled in Brnovich v. Democratic Washington, DC. sight would be applied to states with his- National Committee that two discriminatory DEAR REPRESENTATIVE SEWELL: AARP, on tories of voter discrimination and policy Arizona voting laws did not violate Section 2 behalf of our nearly 38 million members and changes known to be used to discriminate of the Voting Rights Act. In its opinion in all older Americans, is proud to support H.R. against voters of color. Brnovich, the Court disregards the congres- 4, the John R. Lewis Voting Rights Advance- Decades ago, the Institute of Medicine es- sional purpose of Section 2, which is to pro- ment Act of 2021. The right to vote is the tablished in a report that voting is a public vide a powerful means to combat race dis- most fundamental of all political rights, and health issue because it helps shape ‘‘the con- crimination in voting and representation. all Americans must be able to exercise their ditions in which people can be healthy.’’ The The decision relies on a limited interpreta- vote freely, easily, and safely. tion of the Voting Rights Act that will make ballot box is where community members can The Voting Rights Act of 1965 (VRA) has it more difficult to challenge discriminatory come together to decide on key issues that been our nation’s preeminent law protecting voting laws. This decision underscores the shape our response to today’s public health need for Congress to pass the John Lewis the voting rights of all Americans. But re- emergencies: police brutality, gun violence, Voting Rights Advancement Act to restore cent Supreme Court decisions have weak- climate change and the ongoing COVID–19 the legislative purpose of Section 2. ened several provisions of the law. H.R. 4 pandemic. We commend Congresswoman The John Lewis Voting Rights Advance- would help restore the law and ensure the TERRI SEWELL and the other sponsors for in- ment Act fills a distinct and critical role in protections contained in the 14th and 15th troducing this landmark legislation and the protecting the freedom to vote and ensuring Amendments to the Constitution are en- House for bringing it up for a vote. I write in elections are safe and accessible by reversing forced, by: strong support of H.R. 4 and urge you to vote these dangerous, undemocratic trends by Creating a new coverage formula for all yes on the bill. The provisions in this bill taking several steps that include: states and political subdivisions that takes would support the advancement of racial and Updating the criteria used for identifying into consideration repeated voting rights health equity, a key APHA priority and a states and political subdivisions required to violations in the preceding 25 years; crucial step toward achieving the healthiest obtain federal review and approval of voting Establishing a process for reviewing voting nation in one generation. changes to ensure those changes do not in- changes, focusing on measures that have his- Sincerely, fringe upon the freedom to vote for people of torically been used to discriminate, includ- GEORGES C. BENJAMIN, MD, color; ing voter ID laws, the reduction of multi- Executive Director. Requiring that every state and locality na- lingual voting materials, changes to voting Mr. JOHNSON of Louisiana. Madam tionwide that is sufficiently diverse obtain districts, and reductions in the number of federal review before enacting specific types Speaker, I reserve the balance of my polling locations; time. of voting changes that are known to be dis- Increasing transparency through public no- criminatory in their use to silence the grow- tice when voting changes are made; Expand- Mr. NADLER. Madam Speaker, I ing political power of voters of color; ing voting accessibility for Native American yield 1 minute to the gentleman from Requiring all states and localities to pub- and Alaska Native voters; Allowing the At- Maryland (Mr. HOYER), the distin- licly disclose, 180 days before an election, all torney General authority to request federal guished majority leader of the House. voting changes, such as reductions in lan- observers where there is a threat of racial guage assistance and changes in require- Mr. HOYER. Madam Speaker, how discrimination in voting; ments to vote or register; pleased our friend would be that Authorizing the Attorney General to send Allowing a federal court to order states or NIKEMA WILLIAMS is presiding, his suc- federal observers to any jurisdiction where jurisdictions to be covered for results-based cessor. He was one of her mentors. there is a substantial risk of racial discrimi- violations, Madam Speaker, how proud you must nation at the polls; Clarifying that a voting change or practice be to preside at this critical time in is discriminatory even if other forms of vot- Addressing the Brnovich decision by clari- our history. fying factors that voters of color can use to ing are available to a protected class and; prove a vote dilution or vote denial claim Directing the Judicial Branch to discount Madam Speaker, I thank the gentle- under Section 2 of the VRA and restoring a state or locality’s claims of fraud as a rea- woman from Selma, Alabama, TERRI voters’ full ability to challenge racial dis- son to pass harmful voting laws if no evi- SEWELL. I have been with Terri and her crimination in voting in court; dence is presented of such fraud. church, worshipped with her, prayed

VerDate Sep 11 2014 07:35 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.027 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4408 CONGRESSIONAL RECORD — HOUSE August 24, 2021 with John Lewis in her church, walked after the fact, after the governor or the Now, I can understand, from a party down the streets of her town and over President or the Senator or the House that in the last seven elections, in the a bridge called the Edmund Pettus of Delegates or representative, Member last quarter of a century, have elected Bridge. And unlike John Lewis, when has been elected. It is too late. That is a number of Presidents, only one got a we walked across it, there were Ala- why preclearance was so critically im- majority; only one, but they won the bama troopers to protect us rather portant to reform and to protection of electoral college vote. That is why than prevent us from voting. voters’ rights. some Republicans said: Are you crazy? Madam Speaker, I have heard a lot of In her powerful dissent, as I said, You confirm the electoral college, be- discussion on the floor today about Justice Ginsburg pointed out that cause it is what is protecting us how there is no problem in America; throwing out preclearance when it has against the majority. people have full access. Too many peo- worked and has continued to work to They purged voter rolls so that peo- ple that I talk to throughout the coun- stop discriminatory changes is like ple who believed themselves to be reg- try have told me that is not the case. that gentleman giving away his um- istered because they had registered and The Supreme Court passed a ruling brella. voted in the past, showed up to vote and said, Oh, everything was fine. And Indeed, since 2013, we have seen a but were turned away. as soon as they did, as soon as they veritable downpour of discriminatory I sponsored the Help America Vote took this preclearance off, State after and exclusionary voter suppression Act with a guy named Bob Ney, who State after State enacted legislation to measures. I hear people arguing—I was from Ohio and a Republican, and a make it more difficult to vote; like heard a Texan argue on this floor about dear friend of mine. Unfortunately, he that. how it is so easy to vote in Texas. Yet, got in trouble, but he is a good man, Justice Ginsburg made an analogy in we see them fighting for legislation, still a good man. And we provided for Shelby that the Supreme Court was which half of their body—or not quite provisional ballots, which simply said, saying, Oh, well, there is no problem half, unfortunately—but a big number if you made a mistake and came to the left. She said it was like the man with of their body who represents minority wrong precinct, fill out the ballot, we the umbrella who had the umbrella up; citizens says, No, you are wrong. You are going to check it tomorrow or the wasn’t getting wet. It was raining, but ought to walk in our shoes and find next day and make sure you are eligi- he wasn’t getting wet. So he gave the that they are making it more difficult ble to vote, and if you are, we will umbrella away and said, I’m okay. I am for me to vote. count it. That made sense; efforts to dry. And then immediately, of course, Since 2013, we have seen a veritable eliminate those. he got all wet. downpour, as I said. The John R. Lewis These are real and pressing chal- Madam Speaker, I am proud to join Voting Rights Advancement Act, spon- lenges facing our elections and our de- my sister, TERRI SEWELL; John’s sister. sored by TERRI SEWELL, would confront mocracy; not imaginary fraud, but ac- John called me brother, and he called this tempest head on. We have seen a tive and visible voter suppression. We all of us brothers and sisters, in this, campaign of voter suppression efforts have a duty, my colleagues, Democrat the beloved community that he envi- in Republican-led jurisdictions that and Republican colleagues, we have a sioned. That was King’s vision, as John have changed their laws and voting duty, a responsibility, a moral respon- was his disciple. rules to make it harder for eligible sibility to make sure that people can Today, we are honoring the legacy of Americans to vote. vote and that we facilitate their vote, a historic Member of this House. In my Their leader, Donald Trump, says not impede it. Not make it more dif- view, I have served with two historic there was fraud, there was theft. The ficult. Facilitate it. Encourage them. Members of the Congress of the United problem is the Republican judges to Lift them up and let them vote. States and the Senate and the House. which they appealed said no. The prob- And we owe it to John Lewis and the There were a lot of famous, but two lem is Attorney General Barr, who cov- other heroes of Selma, and all the historic figures: One was John Lewis. ered up almost everything that Donald other small towns and byways and big And the other is NANCY PELOSI, the Trump said, even he couldn’t say that cities and big States, where people first woman Speaker and, in my view, there was fraud. fought, demonstrated, were bruised, the most effective Speaker with whom battered, beaten, and yes, some died, so b 1715 I have served in the 40 years that I that their brothers and sisters could have been here. And so they justify these laws by have the vote. John Lewis was my dear friend, and somehow there is fraud out there, they My colleagues, it falls to us now, he was your dear friend. I called him are stealing our elections. That is balo- today, to continue their march for- the most Christlike person I have ever ney. It is the same kind of lie that ward, and to carry on their work. seen, our dear Saint John, who Donald Trump continues to parrot. There are no Alabama troopers waiting preached to us the gospel of getting And if you say, like LIZ CHENEY did, he on the other side that are going to beat into ‘‘good trouble’’ and creating a be- is lying, you are kicked out of your us or batter us or prevent us. We are loved community; the gospel of John party. not at risk. Whatever way we vote, we Robert Lewis. We have seen a campaign of voter are going to walk out of there today He would be proud of us today for suppression over and over and over and we are going to be fine. bringing this bill to the floor. He again, making it harder for eligible But we have a moral responsibility to worked hard on this bill. I can remem- Americans to vote, disproportionately those who fought here and around the ber sitting— JIM CLYBURN and I, and targeting African Americans. I am not world to protect the vote, to protect John Lewis and others—sitting in my an African American. It is hard for me democracy. whip’s conference room, working on to walk in those shoes. I urge my colleagues, Madam Speak- voting rights’ legislation. I try to empathize, but I know if I am er, to join you, to join me, to join our So let us honor his memory today not Black, I can’t really be as knowl- fellow colleagues in voting for H.R. 4, with strong support for its voting edgeable as I would be if I were Black, and for the protection of voting rights rights’ protection, for its reversal of and I was every day subjected to dis- in our country. H.R. 4 the people. the damage wrought by the 2013 Shelby crimination, or if I were another per- PARLIAMENTARY INQUIRY v. Holder ruling, and for its recognition son of color. Mr. BUCK. Madam Speaker, I have a that our democracy is imperfect if it is They have reduced early voting op- parliamentary inquiry. not open to all eligible to vote. portunities that help working people The SPEAKER pro tempore (Ms. WIL- In that ruling, Shelby v. Holder, the cast ballots. They want to eliminate— LIAMS of Georgia). The gentleman will Supreme Court erred in its assessment they haven’t in every place—mail bal- state his parliamentary inquiry. of how necessary the Voting Rights loting, because they feel somehow if I Mr. BUCK. Madam Speaker, my in- Act’s preclearance section was for pro- don’t see them when they fill out that quiry is, if it is appropriate to call the tecting Americans’ right to vote. You form and attest that they are who they previous President a liar, is it appro- are not protecting Americans’ right to are under penalties of perjury that priate that we can refer to the current vote if the relief that you can seek is somehow—— President as a liar also?

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.041 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4409 The SPEAKER pro tempore. As re- my bill with Representative RUBEN tleman from North Carolina (Mr. corded in section 370 of the House GALLEGO, the Inclusive Elections Act, BISHOP). Rules and Manual, the prohibition which is part of this package. Mr. BISHOP of North Carolina. against engaging in personalities does Having said that, let us be clear-eyed Madam Speaker, to come to the cor- not apply to former Presidents. about how we got here and the threat rect conclusion, a law professor used to Mr. BUCK. Does not apply to past that remains. The John R. Lewis Vot- say, ‘‘You’ve got to know the facts.’’ Presidents? ing Rights Act will not be safe so long And that is what the American people The SPEAKER pro tempore. That is as six far-right justices of the Supreme need here: the facts, not emotion. correct. Court stand ready to destroy our de- This bill would comprehensively Mr. BUCK. Understood. I thank the mocracy. transfer the power to govern elections Speaker. Mr. JOHNSON of Louisiana. Madam in this country from the sovereign PARLIAMENTARY INQUIRY Speaker, I yield 2 minutes to the gen- States to the Federal Government per- Mr. HOYER. Madam Speaker, par- tleman from Wisconsin (Mr. FITZ- manently and everywhere. liamentary inquiry. GERALD). So what is the factual premise for so The SPEAKER pro tempore. The gen- Mr. FITZGERALD. Madam Speaker, fundamentally concentrating the tleman will state his parliamentary in- I want to just remind everybody, no power here in Washington and dimin- quiry. matter what side of the bill you are on, ishing the States? What has happened Mr. HOYER. Madam Speaker, is it there is a huge trust issue going on in to justify making pervasive and perma- appropriate on the floor of the House America right now. People do not trust nent what Chief Justice Roberts ex- to tell the truth? the system, and that is everyone’s plained was ‘‘a drastic departure from The SPEAKER pro tempore. The gen- problem. If you think a centralized basic principles of freedom’’ when it tleman is not stating a proper par- election bill to move the power to was necessarily undertaken in the liamentary inquiry. Washington, D.C., and put it in the 1960s, temporarily and in limited parts Mr. JOHNSON of Louisiana. Madam hands of Congress and the courts is of the country? Well, Democrats offer lurid claims, Speaker, I yield 1 minute to the gen- going to help, you are wrong. They but the American people are catching tleman from California (Mr. LAMALFA). don’t trust us and they don’t trust the on. Like earlier this year, Stacey Mr. LAMALFA. Madam Speaker, it is courts. interesting when President Trump was A decentralized system is what has Abrams claimed that a simple voter ID law would be Jim Crow 2.0, but once in office that the name-calling in this worked in America. So make sure that the absurdity of that caught up to her, place about him occurred often during after you support this legislation, you she looked so ridiculous that she tried the President’s time in office. go back and you meet with the town In California, we currently have a to deny ever having claimed it. clerk that runs the elections, the coun- Nothing epitomizes this better than special election about to be underway ty clerks, the parish clerks, the munic- the slur repeated in the Rules Com- here. Just the other day, 300 mail-in ipal clerks, and yes, the State legisla- mittee yesterday by my law school ballots were found in the car of a guy tures. I notice the State legislatures classmate and colleague, Congress- passed out in a 7–Eleven parking lot, are taking a real beating here today. woman ROSS. She quoted three 300 ballots. And we don’t think there is Pre-clearance expansion. Is that a ultraliberal judges in the Fourth Cir- an issue sometimes with the way mail- can of worms that this body really cuit who said that when the North in ballots are distributed. wants to open up? Printed ballots. Carolina legislature enacted voter ID I get anecdotes all the time from Photo ID. Now we are going to man- and other reforms in 2013, it ‘‘targeted folks like this current special election. date polling places, election timelines, African Americans with almost sur- Oh, I received three ballots for people primary mechanics, who can be a poll gical precision.’’ that haven’t lived at my apartment for worker. These are all things that are Activists and media have quoted that a long time, or relatives that have long included in H.R. 4. I just want to make phrase over 7,500 times, according to since passed away, because you just sure the public is aware of that. Google. But few know that the three mail them out willy-nilly everywhere. We are now taking the power away judges who stated that finding of fact H.R. 4 is not about voting rights, it is from the people and placing it right were appellate judges who were sup- about election control and manipula- here in Washington, D.C., in Congress posed to be bound by the trial judge’s tion. It is about political appointees at and in the courts exclusively. finding of fact; or that the trial judge the Department of Justice overturning Mr. NADLER. Madam Speaker, I found in a painstaking 400-page anal- State and legislative process, and con- yield 1 minute to the distinguished ysis that the legislature’s bill was not trolling from D.C. local election deci- gentleman from North Carolina (Mr. discriminatory. So the three appellate sions. BUTTERFIELD). judges abused their power. We know that Americans of the right Mr. BUTTERFIELD. Madam Speak- Few know how the three liberal ap- age and legal status have the right to er, for years I have said that the 1965 pellate judges became the final word, vote, and no one here is trying to take Voting Rights Act was written between that a Democrat State Attorney Gen- that away from them. Voter suppres- Selma and Montgomery. The Voting eral intentionally sabotaged the sion hype is just a big lie. It is absurd Rights Act leveled the playing field State’s appeal to prevent an upcoming what is trying to be perpetrated in this and transformed southern electoral review by the Supreme Court. That AG legislation. politics. abused his power. Mr. NADLER. Madam Speaker, I Since the Shelby decision, the right The SPEAKER pro tempore. The yield 1 minute to the distinguished to vote and access to the ballot box are time of the gentleman has expired. gentleman from New York (Mr. JONES). being compromised. The Subcommittee Mr. JOHNSON of Louisiana. I yield Mr. JONES. Madam Speaker, 8 years on Elections, which I chair, held five an additional 30 seconds to the gen- ago the Supreme Court demolished the hearings, we called over 35 witnesses, tleman from North Carolina. Voting Rights Act, in the deluded, dan- produced a report detailing clear evi- Mr. BISHOP of North Carolina. gerous belief that we had somehow dence of ongoing voter discrimination Madam Speaker, when the details are overcome white supremacy and no all across the country. known, the absence of factual basis be- longer needed the greatest achieve- I thank Chairman NADLER, Chairman comes plain. Nobody is getting wet. A ment of the Civil Rights Movement. COHEN, and Ms. SEWELL for a good bill. University of Oregon economist The next day, States began making it The Voting Rights Act is as important showed, just in February, that the harder for Black and Brown Americans today as ever. Passage of H.R. 4 will Shelby County decision to which this to vote, initiating the biggest wave of protect the right to vote and fully en- bill purports to respond, has not im- racist voter suppression since Jim force the 15th Amendment. paired Black voter turnout at all. Crow. But today, we act to restore the Madam Speaker, I urge my col- There is no Jim Crow 2.0. This bill is Voting Rights Act. We also act to re- leagues to vote ‘‘yes.’’ about abuse of power. verse the Supreme Court’s recent as- Mr. JOHNSON of Louisiana. Madam Democrats wish to entrench them- sault on the right to vote by passing Speaker, I yield 2 minutes to the gen- selves in power and to use the Federal

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.042 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4410 CONGRESSIONAL RECORD — HOUSE August 24, 2021 Government to obliterate the States in Ms. BOURDEAUX. Madam Speaker, legislation signed by Governor order to achieve it. You have to know Georgia was one of the first States in DeSantis this year makes voter reg- the facts. the country to pass a voter suppression istration harder, limits voting by mail, b 1730 bill after the 2020 general election, but and curbs the use of secure ballot drop S.B. 202 is just our State’s latest at- boxes. Similar suppression tactics took Mr. NADLER. Madam Speaker, I tempt to disenfranchise minority com- root across the Nation, with at least 18 yield 45 seconds to the distinguished munities. States making it harder to vote this gentleman from Rhode Island (Mr. Georgia has a long history of under- year. LANGEVIN). mining the right to vote, from the Jim To honor our dear friend and col- Mr. LANGEVIN. Madam Speaker, I Crow era to recent tactics like voter league, Congressman Lewis, we must rise in strong support of the John R. roll purges and exact match policies. stand up to this assault on our con- Lewis Voting Rights Advancement Act. It is time for Congress to fix what stitutional rights. This bill would stop As Rhode Island’s former secretary of the Supreme Court broke in their 2013 those who want to shape the electorate state, I know the importance of access ruling, which effectively gutted the to help them win elections because to the ballot box. Voting Rights Act. they can’t win on their losing agenda. That is why I was devastated when When I came to Congress, I vowed to At this moment in history, bold ac- the Supreme Court gutted one of our support the John R. Lewis Voting tion is necessary to protect the right most momentous civil rights bills, Rights Advancement Act, and I am to vote. After we pass this bill, we opening the door to a litany of voter proud to keep that commitment today. must ensure it moves through the Sen- suppression laws. Madam Speaker, I urge my col- ate. Our very democracy depends on it. Our dearly departed John Lewis was leagues to support H.R. 4 and protect Mr. JOHNSON of Louisiana. Madam bloodied on the bridge at Selma while the sacred right to vote. Speaker, I reserve the balance of my peacefully urging passage of the Voting Mr. JOHNSON of Louisiana. Madam time. Rights Act of 1965. The scars he carried Speaker, I yield 11⁄2 minutes to the gen- Mr. NADLER. Madam Speaker, I were not in vain, as decades of progress tleman from Colorado (Mr. BUCK). have shown us. But it is abundantly Mr. BUCK. Madam Speaker, I appre- yield 45 seconds to the distinguished clear that we have not yet achieved ciate the gentleman yielding. gentleman from Arizona (Mr. equality of access. There are forces at Madam Speaker, we have weak lead- GALLEGO). work in this country trying to undo ership now and a crisis in Afghanistan. Mr. GALLEGO. Madam Speaker, I what we have so painstakingly earned. We have a crisis at our border because rise today in support of the John R. That is why it is so important that of weak leadership. We have an infla- Lewis Voting Rights Advancement Act. we pass this bill to restore the Voting tion crisis because of weak leadership. It is because of the courage and sac- Rights Act and ensure that every And we have a crime issue in our cities rifices of civil rights leaders like Con- American, regardless of race, can have as a result of weak leadership. gressman John Lewis that we were able his or her voice heard in our democ- Now, we debate preclearance require- to pass the Voting Rights Act of 1965. racy. ments that are unnecessary and uncon- But for over a decade, we have wit- Let’s vote in favor of this bill and stitutional. We hear that they are nec- nessed a new era of voter suppression send a clear message that we want to essary because of voter ID laws. and Jim Crow laws pursued by Repub- protect every vote in America. It takes identification to buy liquor lican State legislatures, including in Mr. JOHNSON of Louisiana. Madam in this country, to buy marijuana in my State of Arizona. Speaker, I reserve the balance of my this country, and to drive a car in this These attacks on our right to vote time. country. To enter this building, it are nothing new. For too long, Black, Mr. NADLER. Madam Speaker, I takes identification. Latino, and Native American voters yield 1 minute to the distinguished Yet, it is such a burden that we need have overcome incredible barriers to gentlewoman from Ohio (Mrs. BEATTY). to have preclearance with the Depart- cast their votes. Mrs. BEATTY. Madam Speaker, I am ment of Justice because of that heavy That is not how American democracy not sure what John Lewis my Repub- burden that is being placed on citizens, should work. That is why Representa- lican colleagues are talking about preclearance from an administration tive MONDAIRE JONES and I were proud when they say he was their friend and that has screwed up Afghanistan, to add a provision to this bill today what he would have wanted. He helped screwed up the border, screwed up in- that bans discriminatory voting laws write this bill. flation. We are supposed to go to them that harm voters of color. Let me just say that, on behalf of and ask them for permission because I strongly urge my colleagues to pass millions of Black voters who stood in voter ID is such a burden. this bill and this provision with it. lines across this country, including in If there weren’t people streaming Mr. JOHNSON of Louisiana. Madam my home State of Ohio, and leaders across this border who could poten- Speaker, I reserve the balance of my like our beloved John Lewis, who tially vote, we wouldn’t be asking for time. risked his life as he crossed the Ed- voter ID laws across this country, but Mr. NADLER. Madam Speaker, I mund Pettus Bridge, I rise in strong we are. support of H.R. 4, the John R. Lewis Madam Speaker, you can’t screw yield 45 seconds to the distinguished Voting Rights Advancement Act of things up on the one hand and, on the gentleman from Illinois (Mr. QUIGLEY). 2021. other hand, try to require Mr. QUIGLEY. Madam Speaker, 66 On behalf of the Congressional Black preclearance. years ago this week, Emmett Till was Caucus, we say we step into history It is wrong, and I ask my colleagues brutally lynched by two white su- today as we tread the same path when, to vote ‘‘no.’’ premacists. 56 years ago, President Johnson signed Mr. NADLER. Madam Speaker, I When his body was returned to his the Voting Rights Act into law calling yield 45 seconds to the distinguished mother, Mamie Till, in Chicago, she the day ‘‘a triumph for freedom as huge gentlewoman from Florida (Ms. held an open casket funeral because, in as any victory won on any battlefield.’’ WASSERMAN SCHULTZ). her words: ‘‘I wanted the world to see So to all of my colleagues, I say: Sup- Ms. WASSERMAN SCHULTZ. what they did to my baby.’’ port this bill. Our power, our message, Madam Speaker, I rise in strong sup- This was a galvanizing moment for the Congressional Black Caucus. port of H.R. 4, critical legislation that the civil rights movement, but it was Mr. JOHNSON of Louisiana. Madam confronts the crisis facing our democ- not the end of Mamie Till-Mobley’s ac- Speaker, I reserve the balance of my racy. tivism. She spent the rest of her life time. In Florida, we witnessed a Repub- touring the country, speaking out Mr. NADLER. Madam Speaker, I lican legislature attempting to cling to about the injustice of her son’s murder yield 45 seconds to the distinguished power through voter suppression, tak- and the vital importance of elimi- gentlewoman from Georgia (Ms. ing special aim at Black and Brown nating racial discrimination, dis- BOURDEAUX). voices. The blatantly antidemocratic enfranchisement, and segregation.

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.043 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4411 She also spent 23 years teaching in Mr. GREEN of Texas. Madam Speak- to pass the John R. Lewis Voting the Chicago public school system, con- er, and still I rise to announce that I Rights Advancement Act. tinuing to speak to students in the Chi- will not only vote for H.R. 4 but I will I thank Congresswoman TERRI SE- cago area about civil rights as late as also vote for those who are making it WELL, G. K. BUTTERFIELD, our Speaker, the year 2000. possible and who have made it possible everyone who has brought this bill to Today, we are witnessing the reemer- for me to vote for H.R. 4. the floor. gence of the kinds of voting discrimi- I will vote for Medgar Evers, who was Mr. JOHNSON of Louisiana. Madam nation that she spoke out against. We assassinated trying to secure the right Speaker, I reserve the balance of my must pass the John R. Lewis Voting to vote. time. Rights Act for Mamie Till, for John I will vote for Schwerner and Good- b 1745 Lewis, and for every hero who fought man, two Jews who died in Mississippi Mr. NADLER. Madam Speaker, I for civil rights. trying to secure the right to vote. yield 45 seconds to the distinguished Mr. JOHNSON of Louisiana. Madam I will vote for all of those who suf- gentlewoman from Michigan (Mrs. Speaker, I yield such time as he may fered on the Edmund Pettus Bridge on Bloody Sunday to secure the right to LAWRENCE). consume to the gentleman from Illi- Mrs. LAWRENCE. Madam Speaker, vote. nois (Mr. RODNEY DAVIS). like in many States, Republicans in Mr. RODNEY DAVIS of Illinois. I will do so because although it was Michigan’s legislature have introduced Madam Speaker, I have a joint report signed in ink by a courageous Presi- legislation to suppress the right to from the Committee on House Admin- dent, it was written in blood. vote. Make no mistake about it, the istration and the Committee on the Ju- Mr. JOHNSON of Louisiana. Madam fundamental right to vote in this coun- diciary Republicans titled ‘‘An Unprec- Speaker, I yield such time as he may try is under assault. That is why my edented and Unconstitutional Power consume to the gentleman from Illi- dear friend, John Lewis, once said: Vot- Grab: How Democrats are Abusing the nois (RODNEY DAVIS). ing is the most powerful, nonviolent Constitution to Nationalize Elections.’’ Mr. RODNEY DAVIS of Illinois. Madam Speaker, I have the following tool we have in our democracy. Mr. JOHNSON of Louisiana. Madam Today, we fight back. Today, we have reports: an analysis of H.R. 4 titled Speaker, I reserve the balance of my an opportunity to restore the power of ‘‘How H.R. 4 Would Let Leftist Extrem- time. the vote. I urge my colleagues to sup- ists Control the Entire Nation’s Elec- Mr. NADLER. Madam Speaker, I port the John R. Lewis Voting Rights tions’’; the Lawyers Democracy Fund yield 45 seconds to the distinguished Advancement Act. gentlewoman from North Carolina (Ms. H.R. 4 analysis; a RealClear Politics ar- Mr. JOHNSON of Louisiana. Madam ADAMS). ticle titled ‘‘’Jim Crow 2.0’ Is Imagi- Speaker, I reserve the balance of my Ms. ADAMS. Madam Speaker, Con- nary’’; a letter opposing H.R. 4 from time. gressman John Lewis earned his rep- the Independent Women’s Forum and Mr. NADLER. Madam Speaker, I utation as the conscience of this body others; a Heritage analysis titled ‘‘An- yield 45 seconds to the gentlewoman because of his leadership during the other Bill in Congress to Give Partisan from Illinois (Ms. SCHAKOWSKY). long march for equal rights at the bal- Bureaucrats Control Over State Elec- Ms. SCHAKOWSKY. Madam Speaker, lot box. tion Laws’’; and lastly, the Honest one of the greatest honors and privi- John and so many people of con- Elections Project Action analysis ti- leges of my life has been to serve with science and courage were arrested, tled ‘‘H.R. 4: The Nancy Pelosi Power John Lewis whom I had the privilege of beaten, bruised, and even murdered. Grab.’’ calling a precious friend. The memory of being denied the right Mr. JOHNSON of Louisiana. Madam In August, 58 years ago, the young to vote still dwells in the minds of Speaker, I reserve the balance of my John Lewis led a march to Washington countless Americans. Many of those time. with Martin Luther King and on Au- minds, like John’s, survived crushing Mr. NADLER. Madam Speaker, I gust 16 of 1965, the momentous Voting blows to the skull to earn that right. yield 45 seconds to the distinguished Rights Act was signed into law, thanks John fought and bled for voting gentlewoman from California (Ms. to John Lewis. rights. He led the charge for voting LEE). Today, on August 25, 2021, we are rights. He should be honored by passing Ms. LEE of California. Madam here to vote for the John R. Lewis Vot- this bill drafted in his name. Speaker, I thank Chairman NADLER for ing Rights Advancement Act. A bill We have had the promise of one man, yielding. I thank Congresswoman that he almost gave his life to pass all one vote since the birth of this coun- TERRI SEWELL, Speaker NANCY PELOSI, of those years ago will now restore the try, and we can’t backslide on this Whip CLYBURN, and so many Members power of the Voting Rights Act, the progress. for their leadership in keeping our eyes right to vote, in the new legislation The John R. Lewis Voting Rights Ad- on the prize. named for our dear friend and the con- vancement Act will help us get to the Now, the Supreme Court gutted crit- science of this Congress. Let’s vote promised land where every person has ical protections of the Voting Rights ‘‘yes.’’ the right to vote. Act of 1965. Today, we are restoring Mr. JOHNSON of Louisiana. Madam Mr. JOHNSON of Louisiana. Madam that constitutional right that so many Speaker, I yield 11⁄2 minutes to the gen- Speaker, I yield such time as he may States are taking away from Black and tleman from Texas (Mr. ARRINGTON). consume to the gentleman from Illi- Brown people, rural people, people of Mr. ARRINGTON. Madam Speaker, I nois (Mr. RODNEY DAVIS). color—everyone. Sooner or later, it thank my friend from Louisiana for Mr. RODNEY DAVIS of Illinois. will be all of us who will be subject to yielding. Madam Speaker, I have the Census Bu- these voter restrictions acts. Madam Speaker, COVID was the ex- reau report detailing record turnout in So make no mistake, these are ef- cuse to bail out blue States poorly 2020; the Election Integrity Network forts to turn the clock back to the days managed and union pensions poorly H.R. 4 fact sheet; the Honest Election of Jim Crow. That is not something I managed. Our current recession has Project analysis titled ‘‘H.R. 4 Legal am imagining. Madam Speaker, I viv- been the excuse to pay people more to and Constitutional Challenges’’; the idly remember, as one who was born be on unemployment than to be at Independent Women’s Forum analysis and raised in El Paso, Texas. So I, too, work or to permanently expand the so- titled ‘‘D.C. Bureaucrats and Judges salute our Texas legislators for their cial welfare programs that were sup- Will Steal the Pen in Drawing Voting boldness in protecting the right to posed to be temporary and targeted. Districts’’; and also the Foundation for vote. The supposed climate crisis is the ex- Government Accountability analysis H.R. 4 can restore these crucial pro- cuse for destroying our energy inde- titled ‘‘H.R. 4 Isn’t Voting Progress. It tections that our beloved John Lewis pendence. And if you listen to my col- is a Power Grab.’’ and so many others fought for. John leagues’ comments today, you would Mr. NADLER. Madam Speaker, I said that the right to vote is ‘‘precious, think there was rampant voter sup- yield 45 seconds to the distinguished almost sacred.’’ In honor of his legacy pression and a rise of racial discrimina- gentleman from Texas (Mr. GREEN). as a paragon of democracy, let us vote tion in voting. That is not true. That is

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.045 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4412 CONGRESSIONAL RECORD — HOUSE August 24, 2021 simply not true. It is divisive, and I people to prove they are who they say If my colleagues ever wondered what would suggest that it is dangerous for they are. they would have done during the civil our country. For Democrats to equate this with rights movement, this is your oppor- The real crisis, Madam Speaker, is the poll taxes of the early 20th century tunity to find out. Our democracy is on America’s confidence in the integrity is a ludicrous, false equivalency. Ac- the line. of our elections because elections are cording to the Honest Elections Mr. JOHNSON of Louisiana. Madam the backbone of our democracy, and so Project, 77 percent of all Americans Speaker, I reserve the balance of my we need to make sure we do everything support voter ID requirements, includ- time. to ensure a free and fair process and an ing 75 percent of independents, 64 per- Mr. NADLER. Madam Speaker, we accurate outcome. cent of African Americans, and 76 per- have one final Speaker who will close That is the responsibility, according cent of low-income voters. for us, so I reserve the balance of my to the Constitution, of the States. We Knowing that, what does the major- time. don’t need Federal Government law- ity do? They include language in H.R. 4 Mr. JOHNSON of Louisiana. Madam yers or the DOJ to be weaponized that would restrict commonsense voter Speaker, I yield myself the balance of against States’ efforts to make these ID requirements and require the judi- my time. reforms with respect to voter ID, mail- cial branch to consider voter ID laws as The American people can see clearly in ballot eligibility, and other integ- evidence of voter suppression, and by what is happening here. Democrats in rity reform measures. extension, racism. That doesn’t restore the Congress are more focused on tak- Madam Speaker, let’s stick to the faith in elections. ing Federal control over the election Constitution. Let’s uphold it. Let’s H.R. 4, as introduced, would require processes in Republican-led States protect the States’ right to secure and preapproval by an unaccountable elec- than addressing the ongoing catas- improve election integrity for our citi- tion czar in the Biden DOJ before any trophe that the Biden administration zens and our electoral process in this State or locality under preclearance has created in Afghanistan, at our great country. could enact popular, commonsense southern border, with inflation, and Mr. NADLER. Madam Speaker, I voter ID laws. H.R. 4 goes even further, the ongoing pandemic. There are so yield 45 seconds to the gentlewoman requiring almost a dozen States to many things that should be occupying from Florida (Ms. CASTOR). have their existing voter ID laws exam- our time and, yet, they are using it for Ms. CASTOR of Florida. Madam ined by the Biden DOJ before they can this. Speaker, over the past decades when continue to be enforced. The cry of voter suppression is not officials in Florida tried to restrict ac- These are the same election integrity only untrue, but as Mr. ARRINGTON said cess to the ballot box, the Voting laws that have been in place for years. so well here just a few moments ago, it Rights Act provided protections for all This is a partisan power grab of main- is also divisive and dangerous. We need Floridians to cast their vote. taining control. to speak truth, as Mr. HOYER said a lit- Maybe they limited hours of voting, Madam Speaker, if we adopt the mo- tle while ago, and we are. or didn’t provide timely notice to tion to recommit, we will instruct the We had six hearings in the Constitu- changes in polling places, or didn’t pro- Committee on the Judiciary to con- tion, Civil Rights, and Civil Liberties vide clear ballot language, but the Vot- sider my amendment to H.R. 4 to Subcommittee since January on this. I ing Rights Act was there. But, unfortu- strike from the bill the provisions that am the ranking Republican there. Not nately, the U.S. Supreme Court gutted penalize State and local governments a scintilla of evidence was presented the Voting Rights Act and after that who implement commonsense voter ID that said that voters are being sup- State officials moved to enact other requirements. pressed, that the election integrity Madam Speaker, I ask unanimous discriminatory practices to keep cer- laws that are being passed by the consent to insert the text of my tain people and people of color from States, pursuant to their constitu- amendment in the RECORD imme- casting ballots. tional authority, are in any way inap- diately prior to the vote on the motion It is wrong. So it is vitally important propriate. To the contrary, they are ex- that the Congress adopt the John R. to recommit. The SPEAKER pro tempore (Ms. panding access to the ballot. As we Lewis Voting Rights Advancement Act have said so many times, as I close, it BLUNT ROCHESTER). Is there objection to make sure voting is fair, especially to the request of the gentleman from has never been easier in America to in places where voting discrimination Illinois? vote. has been historically prevalent. There was no objection. I yield back the balance of my time. As John Lewis said: When you see Mr. NADLER. Madam Speaker, I Mr. NADLER. Madam Speaker, I something that is not right and not yield 45 seconds to the distinguished yield the balance of my time to the fair, you have to speak up. You have to gentlewoman from Georgia (Ms. WIL- gentleman from South Carolina (Mr. say something. You have to do some- LIAMS). CLYBURN), the distinguished majority thing. And that is what we are going to Ms. WILLIAMS of Georgia. Madam whip. do today. I say to Representative SE- Speaker, I rise today in the spirit of Mr. CLYBURN. Madam Speaker, I WELL, We are going to cast a reinvigo- my predecessor, Congressman John thank the gentleman for yielding me rated Voting Rights Act. And I urge Lewis. the time. my colleagues to vote ‘‘yes.’’ Congressman Lewis taught us that Madam Speaker, I want to take this Mr. JOHNSON of Louisiana. Madam when you see something that is not time to thank my colleagues in this Speaker, I yield 2 minutes to the gen- fair, not just, not right, you have a august body for the civility that we tleman from Illinois (Mr. RODNEY moral obligation to find a way to get in have demonstrated here as we approach DAVIS). the way. this final vote. Mr. RODNEY DAVIS of Illinois. The voter suppression laws that have I want to thank the Democrats, Madam Speaker, a foundational de- been enacted across the country and every single one of whom cosponsored pendency of any democracy sustaining what is happening in my home State of this legislation. I am hopeful that this is its citizens having confidence in the Georgia is the very definition of the can be a bipartisan result. I think all of outcome of its elections. Simply put, if good trouble that John Lewis taught us us know that our country has a history people don’t have faith in elections, de- to get into, to push back against. of voter suppression and voter denial. I mocracy doesn’t work. We might not be counting jelly beans think all of us are quite aware of re- According to a recent Gallup poll, in a jar but make no mistake, they cent efforts being made in many America’s confidence in our elections seek the same purpose: to stop people States. Forty-nine have passed laws has decreased by 20 percent since 2009. who look like me from accessing their that are called restrictive by objective Ensuring that our elections are run in right to vote. analyses that have been made. These a way that makes it easy to vote and We all have an opportunity to get in laws are not needed. These laws are hard to cheat increases confidence. A the way today by voting ‘‘yes’’ on the very creative instruments that will be common best practice to ensure elec- John R. Lewis Voting Rights Advance- used if not checked to suppress the tion integrity are voter IDs, a way for ment Act. vote.

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.047 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4413 We all heard a recent candidate hav- Today’s vote is a referendum on how willing Hern Mast Salazar Herrell McCarthy Scalise ing lost an election call upon election we are to stand by our oath—the oath we took Herrera Beutler McCaul Schweikert officials to: Just find me the number of to protect our democracy. Hice (GA) McClain Scott, Austin votes that I need to win this election. We must keep it. Higgins (LA) McClintock Sessions If that is not voter suppression, I would Our democracy depends on how we vote Hill McHenry Simpson Hinson McKinley Smith (MO) like to know how we would define it. today. Hollingsworth Meijer Smith (NE) So I want to thank all of us for what Vote to protect the future of this country. Hudson Meuser Smith (NJ) we have done here today, and I hope The SPEAKER pro tempore (Ms. WIL- Huizenga Miller (IL) Smucker that this result can be a bipartisan Issa Miller (WV) Spartz LIAMS of Georgia). Pursuant to House Jackson Miller-Meeks Stauber one. Resolution 601, the previous question is Jacobs (NY) Moolenaar Steel Mr. NADLER. Madam Speaker, I ordered on the bill, as amended. Johnson (LA) Mooney Stefanik yield back the balance of my time. The question is on the engrossment Johnson (OH) Moore (AL) Steil Johnson (SD) Moore (UT) Steube Ms. JOHNSON of Texas. Madam Speaker, and third reading of the bill. Jordan Mullin Stewart it is my honor to rise today in support of H.R. The bill was ordered to be engrossed Joyce (OH) Murphy (NC) Taylor 4, the John R. Lewis Voting Rights Advance- and read a third time, and was read the Joyce (PA) Nehls Tenney ment Act. I’d like to thank Congresswoman Katko Newhouse Thompson (PA) third time. Keller Norman Tiffany SEWELL, a daughter of Selma, for introducing MOTION TO RECOMMIT Kelly (MS) Nunes Timmons this bill and for being a fierce and relentless Mr. RODNEY DAVIS of Illinois. Kelly (PA) Obernolte Turner Kim (CA) Owens Upton advocate of the right to vote. Madam Speaker, I have a motion to re- How wonderful is it, Madam Speaker, that Kinzinger Palazzo Valadao commit at the desk. Kustoff Palmer Van Drew this bill bears the name of our late colleague, The SPEAKER pro tempore. The LaHood Pence Van Duyne one of the greatest Americans to ever walk LaMalfa Perry Wagner Clerk will report the motion to recom- these halls, Congressman John Lewis. His Lamborn Pfluger Walberg mit. legacy—and the legacies of other civil rights Latta Posey Walorski The Clerk read as follows: LaTurner Reed Waltz leaders who dedicated their lives to ensuring Lesko Reschenthaler Weber (TX) free, fair, and equitable access to the polls— Mr. Rodney Davis of Illinois moves to re- Letlow Rice (SC) Webster (FL) commit the bill H.R. 4 to the Committee on lives on through this legislation. Long Rodgers (WA) Wenstrup the Judiciary. Loudermilk Rogers (AL) Westerman For Texans, this fight for voting rights is per- The material previously referred to Lucas Rogers (KY) Williams (TX) sonal. We have witnessed, over the past sev- Luetkemeyer Rose Wilson (SC) eral months, a systematic and antiquated ef- by Mr. RODNEY DAVIS of Illinois is as Mace Rosendale Wittman follows: Malliotakis Rouzer Womack fort to strip the right to vote away from millions Mann Roy Young across the state. This effort is built upon the Page 7, strike lines 10 through 17. Massie Rutherford Zeldin decades and decades of unfair voting prac- Page 26, strike line 19 and all that follows tices in the history of Texas. In fact, I remem- through line 18 on page 27. NAYS—218 ber having to pay a poll tax when I voted in The SPEAKER pro tempore. Pursu- Adams DeSaulnier Lawson (FL) my first election in Dallas. And although these ant to clause 2(b) of rule XIX, the pre- Aguilar Deutch Lee (CA) vious question is ordered on the motion Allred Dingell Lee (NV) new efforts are not as blatant as a poll tax, Auchincloss Doggett Leger Fernandez they are equally as obstructive. to recommit. Axne Doyle, Michael Levin (CA) Texas is Just one of many states battling The question is on the motion to re- Barraga´ n F. Levin (MI) waves of restrictive voting legislation spurred commit. Bass Escobar Lieu The question was taken; and the Beatty Eshoo Lofgren by Republican majorities at the local level. Bera Espaillat Lowenthal These attempts at our rights are not new—and Speaker pro tempore announced that Beyer Evans Luria neither is the vigorous, concerted opposition to the noes appeared to have it. Bishop (GA) Fletcher Lynch Mr. RODNEY DAVIS of Illinois. Blumenauer Foster Malinowski them. From Martin Luther King, Jr. and John Blunt Rochester Frankel, Lois Maloney, Lewis’s march on Bloody Sunday to the Texas Madam Speaker, on that I demand the Bonamici Gallego Carolyn B. Democrats risking arrest to filibuster the pas- yeas and nays. Bourdeaux Garamendi Maloney, Sean sage of these laws, there are always people The SPEAKER pro tempore. Pursu- Bowman Garcı´a (IL) Manning Boyle, Brendan Garcia (TX) Matsui who are willing to fight. And as long as there ant to section 3(s) of House Resolution F. Golden McBath are generations of people who are willing to 8, the yeas and nays are ordered. Brown Gomez McCollum fight, our cause will never perish. The vote was taken by electronic de- Brownley Gonzalez, McEachin vice, and there were—yeas 212, nays Bush Vicente McGovern But now, Madam Speaker, it’s time for Con- Bustos Gottheimer McNerney gress to meet the moment. We must pass 218, not voting 1, as follows: Butterfield Green, Al (TX) Meeks H.R. 4—not only because it would prohibit the [Roll No. 259] Carbajal Grijalva Meng implementation of strict voter requirements Ca´ rdenas Harder (CA) Mfume YEAS—212 Carson Hayes Moore (WI) and reductions in polling locations and hours; Aderholt Carter (GA) Fortenberry Carter (LA) Higgins (NY) Morelle not only because it would restore the originals Allen Carter (TX) Foxx Cartwright Himes Moulton provisions and intent of the Voting Rights Act; Amodei Cawthorn Franklin, C. Case Horsford Mrvan Armstrong Chabot Scott Casten Houlahan Murphy (FL) but because it is also fundamentally the right Arrington Cheney Fulcher Castor (FL) Hoyer Nadler thing to do in our democracy. Babin Cline Gaetz Castro (TX) Huffman Napolitano As a proud cosponsor of H.R. 4, I would Bacon Cloud Gallagher Chu Jackson Lee Neal urge all of my colleagues, Democrat and Re- Baird Clyde Garbarino Cicilline Jacobs (CA) Neguse Balderson Cole Garcia (CA) Clark (MA) Jayapal Newman publican, to support this legislation and, in Banks Comer Gibbs Clarke (NY) Jeffries Norcross doing so, express your support of the right to Barr Crawford Gimenez Cleaver Johnson (GA) O’Halleran vote for all Americans. Bentz Crenshaw Gohmert Clyburn Johnson (TX) Ocasio-Cortez Mr. ESPAILLAT. Madam Speaker, we are Bergman Curtis Gonzales, Tony Cohen Jones Omar Bice (OK) Davidson Gonzalez (OH) Connolly Kahele Pallone living through a 21st century assault on the Biggs Davis, Rodney Good (VA) Cooper Kaptur Panetta right to vote—the likes of which we haven’t Bilirakis DesJarlais Gooden (TX) Correa Keating Pappas seen since Jim Crow. Bishop (NC) Diaz-Balart Gosar Courtney Kelly (IL) Pascrell Boebert Donalds Granger Craig Khanna Payne Without a doubt, it’s the most significant test Bost Duncan Graves (LA) Crist Kildee Perlmutter of our democracy since the Civil War—and fu- Brady Dunn Graves (MO) Crow Kilmer Peters ture generations will never forgive us if we Brooks Ellzey Green (TN) Cuellar Kim (NJ) Phillips don’t meet this moment. Buchanan Emmer Greene (GA) Davids (KS) Kind Pingree Buck Estes Griffith Davis, Danny K. Kirkpatrick Pocan Meeting this moment requires us to act— Bucshon Fallon Grothman Dean Krishnamoorthi Porter and we need the John Lewis Voting Rights Budd Feenstra Guest DeFazio Kuster Pressley Act. Burchett Ferguson Guthrie DeGette Lamb Price (NC) The right to vote is sacred, the cornerstone Burgess Fischbach Hagedorn DeLauro Langevin Quigley Calvert Fitzgerald Harris DelBene Larsen (WA) Raskin of our Republic. But like Franklin Roosevelt Cammack Fitzpatrick Harshbarger Delgado Larson (CT) Rice (NY) warned—our Republic, if we can keep it. Carl Fleischmann Hartzler Demings Lawrence Ross

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AU7.048 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE H4414 CONGRESSIONAL RECORD — HOUSE August 24, 2021 Roybal-Allard Slotkin Trahan The question was taken; and the Bilirakis Greene (GA) Mullin Ruiz Smith (WA) Trone Speaker pro tempore announced that Bishop (NC) Griffith Murphy (NC) Ruppersberger Soto Underwood Boebert Grothman Nehls Rush Spanberger Vargas the ayes appeared to have it. Bost Guest Newhouse Ryan Speier Veasey Mrs. FISCHBACH. Madam Speaker, Brady Guthrie Norman Sa´ nchez Stansbury Vela on that I demand the yeas and nays. Brooks Hagedorn Nunes Sarbanes Stanton Buchanan Harris Obernolte Vela´ zquez The SPEAKER pro tempore. Pursu- Scanlon Stevens Wasserman Buck Harshbarger Owens Schakowsky Strickland Bucshon Hartzler Palazzo Schultz ant to section 3(s) of House Resolution Schiff Suozzi Budd Hern Palmer Waters 8, the yeas and nays are ordered. Schneider Swalwell Burchett Herrell Pence Watson Coleman Schrader Takano The vote was taken by electronic de- Burgess Herrera Beutler Perry Schrier Thompson (CA) Welch vice, and there were—yeas 219, nays Calvert Hice (GA) Pfluger Scott (VA) Thompson (MS) Wexton 212, not voting 1, as follows: Cammack Higgins (LA) Posey Scott, David Titus Wild Carl Hill Reed Sewell Tlaib Williams (GA) [Roll No. 260] Carter (GA) Hinson Reschenthaler Sherman Tonko Wilson (FL) YEAS—219 Carter (TX) Hollingsworth Rice (SC) Sherrill Torres (CA) Yarmuth Cawthorn Hudson Rodgers (WA) Adams Gonzalez, Omar Sires Torres (NY) Chabot Huizenga Rogers (AL) Aguilar Vicente Pallone Cheney Issa Rogers (KY) Allred Gottheimer NOT VOTING—1 Panetta Cline Jackson Rose Auchincloss Green, Al (TX) Pappas Cloud Jacobs (NY) Rosendale Costa Axne Grijalva Pascrell Clyde Johnson (LA) Rouzer Barraga´ n Harder (CA) Payne Cole Johnson (OH) Roy Bass Hayes Pelosi Comer Johnson (SD) Rutherford b 1637 Beatty Higgins (NY) Perlmutter Crawford Jordan Salazar Bera Himes Messrs. BROWN, HOYER, KIND, Ms. Peters Crenshaw Joyce (OH) Scalise Beyer Horsford Phillips Curtis Joyce (PA) Schweikert TITUS, and Mr. TRONE changed their Bishop (GA) Houlahan Pingree Davidson Katko Scott, Austin Blumenauer Hoyer vote from ‘‘yea’’ to ‘‘nay.’’ Pocan Davis, Rodney Keller Sessions Blunt Rochester Huffman Messrs. SESSIONS, GRAVES of Lou- Porter DesJarlais Kelly (MS) Simpson Bonamici Jackson Lee Pressley Diaz-Balart Kelly (PA) Smith (MO) isiana, BABIN, ARRINGTON, and Bourdeaux Jacobs (CA) Price (NC) Donalds Kim (CA) Smith (NE) Bowman Jayapal REED changed their vote from ‘‘nay’’ Quigley Duncan Kinzinger Smith (NJ) Boyle, Brendan Jeffries to ‘‘yea.’’ Raskin Dunn Kustoff Smucker F. Johnson (GA) Rice (NY) Ellzey LaHood Spartz So the motion to recommit was re- Brown Johnson (TX) Ross Emmer LaMalfa Stauber jected. Brownley Jones Roybal-Allard Estes Lamborn Steel Bush Kahele The result of the vote was announced Ruiz Fallon Latta Stefanik Bustos Kaptur Ruppersberger Feenstra LaTurner Steil as above recorded. Butterfield Keating Rush Ferguson Lesko Steube Carbajal Kelly (IL) MEMBERS RECORDED PURSUANT TO HOUSE Ryan Fischbach Letlow Stewart Ca´ rdenas Khanna RESOLUTION 8, 117TH CONGRESS Sa´ nchez Fitzgerald Long Taylor Carson Kildee Sarbanes Fitzpatrick Loudermilk Tenney Aderholt Harshbarger Pressley (Omar) Carter (LA) Kilmer Scanlon Fleischmann Lucas Thompson (PA) (Moolenaar) (Kustoff) Reed (Arrington) Cartwright Kim (NJ) Schakowsky Fortenberry Luetkemeyer Tiffany Amodei Herrera Beutler Reschenthaler Case Kind Schiff Foxx Mace Timmons (Balderson) (Simpson) (Meuser) Casten Kirkpatrick Schneider Franklin, C. Malliotakis Turner Barraga´ n Horsford Rodgers (WA) Castor (FL) Krishnamoorthi Schrader Scott Mann Upton (Raskin) (Kilmer) Castro (TX) Kuster (Joyce (PA)) Schrier Fulcher Massie Valadao Blumenauer Jayapal (Raskin) Chu Lamb Roybal-Allard Scott (VA) Gaetz Mast Van Drew (Bonamici) Johnson (TX) Cicilline Langevin (Aguilar) Scott, David Gallagher McCarthy Van Duyne Bowman (Omar) (Jeffries) Clark (MA) Larsen (WA) Ruiz (Correa) Sewell Garbarino McCaul Wagner Brownley (Clark Katko Clarke (NY) Larson (CT) Rush Sherman Garcia (CA) McClain Walberg (MA)) (Malliotakis) Cleaver Lawrence (Underwood) Sherrill Gibbs McClintock Walorski Buchanan (Dunn) Kelly (IL) Clyburn Lawson (FL) Salazar Sires Gimenez McHenry Waltz Calvert (Garcia (Clarke (NY)) Cohen Lee (CA) (Cammack) Slotkin Gohmert McKinley Weber (TX) (CA)) Khanna (Lee Connolly Lee (NV) Sa´ nchez Smith (WA) Gonzales, Tony Meijer Webster (FL) Ca´ rdenas (CA)) Cooper Leger Fernandez (Aguilar) Soto Gonzalez (OH) Meuser Wenstrup (Correa) Kind (Connolly) Correa Levin (CA) Good (VA) Miller (IL) Westerman Cuellar (Green Kirkpatrick Scott, David Courtney Levin (MI) Spanberger Gooden (TX) Miller (WV) Williams (TX) (TX)) (Stanton) (Cartwright) Craig Lieu Speier Gosar Miller-Meeks Wilson (SC) Curtis (Moore Lawson (FL) Sires (Pallone) Crist Lofgren Stansbury Granger Moolenaar Wittman (UT)) (Evans) Steel (Obernolte) Crow Lowenthal Stanton Graves (LA) Mooney Womack Davids (KS) (Kim Leger Fernandez Stefanik Cuellar Luria Stevens Graves (MO) Moore (AL) Young (NJ)) (Aguilar) (Meuser) Davids (KS) Lynch Strickland Green (TN) Moore (UT) Zeldin DeFazio (Brown) Luetkemeyer Steube Davis, Danny K. Malinowski Suozzi DeGette (Blunt (Long) (Cammack) Dean Maloney, Swalwell NOT VOTING—1 Rochester) Maloney, Stevens (Dingell) DeFazio Carolyn B. Takano Costa DeSaulnier Carolyn B. Stewart (Owens) DeGette Maloney, Sean Thompson (CA) Thompson (MS) (Thompson (Clarke (NY)) Strickland DeLauro Manning (CA)) Maloney, Sean Titus (Larsen (WA)) DelBene Matsui Deutch (Rice (Jeffries) Tlaib b 1910 Thompson (PA) Delgado McBath (NY)) McEachin Tonko (Meuser) Demings McCollum So the bill was passed. Diaz-Balart (Wexton) Torres (CA) Timmons DeSaulnier McEachin The result of the vote was announced (Cammack) McHenry (Budd) Deutch McGovern Torres (NY) (Cammack) Duncan (Babin) McNerney Dingell McNerney Trahan as above recorded. Titus (Connolly Emmer (Huffman) Doggett Meeks Trone A motion to reconsider was laid on (Cammack) Meijer (Moore Tonko (Pallone) Doyle, Michael Meng Underwood the table. Escobar (Garcia (UT)) Torres (CA) F. Mfume Vargas (TX)) Meng (Jeffries) (Correa) Escobar Moore (WI) Veasey MEMBERS RECORDED PURSUANT TO HOUSE Fleischmann Moore (AL) Trone (Connolly) Eshoo Morelle Vela RESOLUTION 8, 117TH CONGRESS (Bilirakis) (Brooks) Vargas (Correa) Espaillat Moulton Vela´ zquez Aderholt Curtis (Moore Escobar (Garcia Frankel, Lois Moulton ´ Velazquez Evans Mrvan Wasserman (Moolenaar) (UT)) (TX)) (Clark (MA)) (McGovern) (Clarke (NY)) Fletcher Murphy (FL) Schultz Amodei Davids (KS) (Kim Fleischmann Garbarino Mullin (Lucas) Wagner (Long) Foster Nadler Waters (Balderson) (NJ)) (Bilirakis) (Miller-Meeks) Napolitano Watson Coleman Walorski (Baird) Frankel, Lois Napolitano Barraga´ n DeFazio (Brown) Frankel, Lois Garamendi (Correa) Gallego Neal Welch Watson Coleman (Raskin) DeGette (Blunt (Clark (MA)) (Sherman) Nehls (Jackson) Garamendi Neguse Wexton (Pallone) Blumenauer Rochester) Garbarino Gibbs (Smucker) Newman (Casten) Garcı´a (IL) Newman Wild Welch (Bonamici) DeSaulnier (Miller-Meeks) Gomez (Raskin) Nunes (Garcia Garcia (TX) Norcross Williams (GA) Bowman (Omar) (McGovern) (Thompson Garamendi Granger (Cole) (CA)) Golden O’Halleran Wilson (FL) Brownley (Clark Wilson (FL) (CA)) (Sherman) Grijalva Payne (Pallone) Gomez Ocasio-Cortez Yarmuth (MA)) (Hayes) Deutch (Rice Gibbs (Smucker) (Stanton) Pingree (Kuster) Buchanan (Dunn) Hagedorn Pocan (Raskin) Young NAYS—212 (NY)) Gomez (Raskin) (Malliotakis) Calvert (Garcia (Meuser) Porter (Wexton) Aderholt Babin Barr (CA)) Diaz-Balart Granger (Cole) (Cammack) Grijalva The SPEAKER pro tempore (Ms. Allen Bacon Bentz Ca´ rdenas Amodei Baird Bergman (Correa) Duncan (Babin) (Stanton) BLUNT ROCHESTER). The question is on Armstrong Balderson Bice (OK) Cuellar (Green Emmer Hagedorn passage of the bill. Arrington Banks Biggs (TX)) (Cammack) (Meuser)

VerDate Sep 11 2014 05:59 Aug 25, 2021 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AU7.032 H24AUPT1 ctelli on DSK11ZRN23PROD with HOUSE August 24, 2021 CONGRESSIONAL RECORD — HOUSE H4415 Harshbarger Meijer (Moore Scott, David SECTION 1. SHORT TITLE. stayed active in politics and kept up (Kustoff) (UT)) (Cartwright) This Act may be cited as the ‘‘Emergency with Colorado news until his death. Herrera Beutler Meng (Jeffries) Sires (Pallone) Repatriation Assistance for Returning Amer- (Simpson) Steel (Obernolte) While Colorado has been blessed with Moore (AL) icans Act’’. Horsford (Brooks) Stefanik many great leaders throughout its his- (Kilmer) Moulton (Meuser) SEC. 2. INCREASE IN AGGREGATE PAYMENTS. tory, few rise to the caliber and reputa- Jayapal (Raskin) Steube (McGovern) (a) IN GENERAL.—Section 1113(d) of the So- tion of Dick Lamm. Johnson (TX) Mullin (Lucas) (Cammack) cial Security Act (42 U.S.C. 1313(d)) is amend- (Jeffries) Napolitano Stevens (Dingell) ed by striking ‘‘fiscal year 2020, the total f Katko (Correa) Stewart (Owens) (Malliotakis) Strickland amount of such assistance provided during SOCIALISM IN AMERICA Nehls (Jackson) such fiscal year shall not exceed $10,000,000’’ Kelly (IL) Newman (Casten) (Larsen (WA)) (Clarke (NY)) Thompson (PA) and inserting ‘‘fiscal years 2021 and 2022, the (Mr. CAWTHORN asked and was Nunes (Garcia Khanna (Lee (Meuser) given permission to address the House (CA)) total amount of such assistance provided (CA)) Timmons Payne (Pallone) during each such fiscal year shall not exceed for 1 minute.) Kind (Connolly) (Cammack) Pingree (Kuster) $10,000,000’’. Mr. CAWTHORN. Madam Speaker, Kirkpatrick Titus (Connolly) Pocan (Raskin) (b) EMERGENCY DESIGNATION.— (Stanton) Tonko (Pallone) you have squandered the inheritance of (1) IN GENERAL.—The amounts provided by Lawson (FL) Porter (Wexton) Torres (CA) a generation today. You have governed Pressley (Omar) the amendment made by this section are des- (Evans) (Correa) with abandon and exchanged financial Leger Fernandez Reed (Arrington) Trone (Connolly) ignated as an emergency requirement pursu- (Aguilar) Reschenthaler Vargas (Correa) ant to section 4(g) of the Statutory Pay-As- assurance for instant gratification. Luetkemeyer (Meuser) Vela´ zquez You-Go Act of 2010 (2 U.S.C. 933(g)). Today, you didn’t pass a budget plan. Rodgers (WA) (Long) (Clarke (NY)) (2) DESIGNATION IN SENATE.—In the Senate, You passed a death wish for America. (Joyce (PA)) Maloney, Wagner (Long) this section and the amendment made by It is easy for you to sit up there and Carolyn B. Roybal-Allard Walorski (Baird) (Clarke (NY)) (Aguilar) Watson Coleman this section are designated as an emergency authorize $68 trillion over the next 10 Maloney, Sean Ruiz (Correa) (Pallone) requirement pursuant to section 4001(a)(1) of years because you will never have to (Jeffries) Rush Welch S. Con. Res. 14 (117th Congress), the concur- shoulder the financial burden of your (Underwood) McEachin (McGovern) rent resolution on the budget for fiscal year actions. (Wexton) Salazar Wilson (FL) 2022. McHenry (Budd) (Cammack) (Hayes) Your road map for our future is a McNerney Sa´ nchez Young The bill was ordered to be engrossed highway to hell. You have exchanged (Huffman) (Aguilar) (Malliotakis) and read a third time, was read the the American Dream for a socialist f third time, and passed, and a motion to nightmare. reconsider was laid on the table. b 1915 To the American people: You have f been lied to. Your taxes will be raised ELECTING A MEMBER TO CERTAIN because of the actions of Democrats STANDING COMMITTEES OF THE RECOGNIZING THE SERVICE OF RICHARD ‘‘DICK’’ LAMM today. HOUSE OF REPRESENTATIVES I shudder to think of what our coun- Mr. HUDSON. Madam Speaker, by di- (Mr. PERLMUTTER asked and was try, our city on a hill, our beacon of rection of the Republican Conference, I given permission to address the House freedom, will look like in a generation offer a privileged resolution and ask for 1 minute and to revise and extend when we deliver a Nation devoid of for its immediate consideration. his remarks.) treasure to our children. The Clerk read the resolution, as fol- Mr. PERLMUTTER. Madam Speaker, We will give account one day for our lows: on behalf of Congressman CROW, Con- actions in this Congress. Madam H. RES. 602 gressman NEGUSE, and myself, I rise Speaker, if we hand over a bankrupt Resolved, That the following named Mem- today to recognize and honor Richard legacy to our children, your actions ber be, and is hereby, elected to the fol- ‘‘Dick’’ Lamm, the former Governor of today will be indicted, and you will be lowing standing committees of the House of Colorado from 1975 to 1987. without excuse. Madam Speaker, you Representatives: Governor Lamm was a tremendous COMMITTEE ON SCIENCE, SPACE, AND TECH- are walking around with my genera- NOLOGY: Mr. Ellzey. leader and public servant for our great tion’s checkbook, and we want it back. COMMITTEE ON VETERANS’ AFFAIRS: Mr. State of Colorado. He passed away on f Ellzey. July 29, 2021. As a three-term Governor, The resolution was agreed to. he was one of the longest-serving Gov- BUILDING BACK BETTER A motion to reconsider was laid on ernors in Colorado history. (Mr. SOTO asked and was given per- the table. Governor Lamm was born in Wis- mission to address the House for 1 f consin and moved to Denver in 1962. He minute.) served as a State representative from EMERGENCY REPATRIATION AS- Mr. SOTO. Madam Speaker, the 1966 to 1974, where he rose to the posi- SISTANCE FOR RETURNING American people have spoken. It is tion of assistant minority leader. Dur- AMERICANS ACT time to build back better. ing that time, he sponsored and helped Today’s historic vote shows that Mr. DANNY K. DAVIS of Illinois. pass several pieces of noteworthy legis- President Biden and the Democratic Madam Speaker, I ask unanimous con- lation, including the Nation’s first Congress are united and that we are sent that the Committee on Ways and abortion law in 1967, ensuring women keeping our promises to the American Means and the Committee on the Budg- access to critical healthcare, including people who put us in office. et be discharged from further consider- abortion services in cases of rape or in- Today, we move forward on the bi- ation of the bill (H.R. 5085) to amend cest. partisan infrastructure package to re- section 1113 of the Social Security Act In 1987, he began his first term as build our Nation. Today, we move for- to provide authority for increased pay- Governor of Colorado and went on to ward on the Build Back Better rec- ments for temporary assistance to serve for 12 years, earning support from onciliation bill to invest in American United States citizens returned from people across the State with his no- families. And today, we move forward foreign countries, and for other pur- nonsense attitude and strong commit- on restoring the Voting Rights Act to poses, and ask for its immediate con- ment to equality, education, and the protect our democracy. sideration in the House. environment. It is not a moment too soon. Flor- The Clerk read the title of the bill. The SPEAKER pro tempore (Ms. Before holding office, Governor ida’s Ninth Congressional District is Lamm served as a first lieutenant in the fastest growing district in the Na- BLUNT ROCHESTER). Is there objection to the request of the gentleman from the United States Army and worked as tion, 40 percent growth, as I represent Illinois? an attorney and a certified public ac- 955,000 constituents. There was no objection. countant. After leaving office, he co- Whether it is central Florida or The text of the bill is as follows: ordinated and co-directed the Univer- across the Nation, it is time to upgrade H.R. 5085 sity of Denver Institute for Public Pol- America’s roads, bridges, ports, air- Be it enacted by the Senate and House of Rep- icy Studies. ports, rural broadband, clean water, resentatives of the United States of America in Above all else, Dick Lamm was a de- and resilient and renewable energy. It Congress assembled, voted husband and loving father. He is time to make childcare costs and

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