Statements on Introduced Bills and Joint Resolutions - S. 2818

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DOMENICI:

S. 2818. A bill to amend the Help America Vote Act of 2002 to ensure the same requirements that apply to voters who register by mail also apply to voters who do not register in person with an officer or employee of a State or local government entity, and to provide for increased penalties for fraudulent registration in cases involving 10 or more violations; to the Committee on Rules and Administration.

Mr. DOMENICI. Mr. President, the 2004 election is quickly approaching, and all Americans must be assured that when they cast their ballots, they will do so with the knowledge that the United States has done everything possible to ensure the election will be fair. Therefore, I rise today to introduce a commonsense election reform bill that will amend the law to add additional simple steps that will help ensure the integrity of the voting process and increase criminal penalties for those who knowingly and willfully commit fraud in voter registration.

There is a recent court decision in New Mexico that has taken the plain reading of a very clearly written statute and has turned it on its head. The statute says:

(4) a statement informing the applicant, that: (a) if the form is not submitted in person by the applicant and the applicant is registering for the first time in New Mexico, the applicant must submit with the form a copy of a current and valid photo identification, utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the applicant-

I stress again, "in person."

(b) if the applicant does not submit the required identification, he will be required to do so when he votes in person or absentee.

I submit the statute could not be clearer. However, in a bizarre contortion of logic, the New Mexico Secretary of State has determined that a third party can register 10, 100 or 1,000 voters. As long as that third party shows up in person at the county clerk's office, the actual voter does not have to show identification. Have we ever heard of anything more ridiculous?

I believe the root cause of this problem is the recent proliferation of 527s that have begun to pop up throughout the country, largely uncontrolled and unregulated. These 527s have taken unlimited financial contributions from individual and other private sources to conduct voter mobilization drives and other activities. I am not against registering as many as we can, but this and the ruling seem to me to leave many voters to be unfairly treated because their vote may be wiped out by those who have not followed the State statute.

While no one will argue against a laudable goal, as I indicated, of increasing voter registration and voter turnout, the unintended consequence of these activities I have described can be immense. The paid volunteers of these 527s are largely untrained, not familiar with communities in which they are working, nor are they familiar with the realities of election laws. In many cases, the volunteers are being paid by the number of people they are able to register. This has resulted in certain voters being registered two or more times at multiple addresses under multiple names.

My hometown paper, the Albuquerque Journal, has published stories about minors receiving voter registration cards in the mail as well as stories about paid volunteers telling convicted felons they have unlimited ability to register and vote. County clerks have also said they have been inundated with thousands of incomplete or illegible forms.

While no one can be sure of the exact effect of these 527s and what their effect will be on voter fraud in registration and in casting votes, the bill I am introducing today will amend the Help America Vote Act, called HAVA, by extending the identification requirements to individuals who have not themselves registered in person with their county clerk. In addition, it will enhance the penalties for individuals who knowingly and fraudulently register 10 or more people to vote.

I know many people will believe my intentions in introducing this legislation are partisan. Skeptics will say my motive is political. But voter fraud is not about partisanship or politics; it is about fairness. Voter fraud is not a political act; it is a criminal act.

Voting is the most important duty and responsibility of our citizens. Other reform issues have received a lot of attention, but I believe it is imperative to focus our attention on the fundamental issue of casting votes honestly and fairly. The Help America Vote Act, which we passed in 2002, and the hundreds of new State laws that implement it fail to provide adequate uniform systems that verify voter identity, as I have indicated, or by court interpretation wipe out the protections that might be contemplated by clear and unambiguous statutes.

Requiring a voter to provide identification prior to voting is not an unreasonable imposition, given the responsibility and possibilities that are attendant to not doing that are truly monumental. Simple and straightforward reforms, such as the one I am proposing, will make it easier to vote but harder to cheat. Showing the American public that we are serious about elections and those who might seek to do it improperly will go a long way toward restoring confidence in the registration and balloting process.

I have already indicated that I sent the bill to the desk for appropriate referral.

I ask unanimous consent that the text of the bill be printed in the RECORD.

There being no objection, the bill was ordered to be printed in the RECORD, as follows:

S. 2818

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress makes the following findings:

(1) The right to vote is a fundamental and incontrovertible right under the Constitution.

(2) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution.

(3) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the United States is a democratic government "of the people, by the people, and for the people" in which every vote counts.

(4) There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting.

(5) There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote.

(6) There is a need to ensure that voter registration processes fairly incorporate every eligible American seeking to exercise the right to vote.

(7) Participation in the electoral process is a fundamental civic responsibility in which all eligible Americans should be encouraged to actively participate.

(8) There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter's personal registration with an appropriate State or local government election entity.

(9) Congress has authority under section 4 of Article I of the Constitution of the United States, section 5 of the Fourteenth Amendment to the Constitution of the United States, and section 2 of the Fifteenth Amendment to the Constitution of the United States to enact legislation to address the equal protection violations that may be caused by unfair voting systems.

(10) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process.

SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY.

(a) IN GENERAL.-

(1) APPLICATION OF REQUIREMENTS TO VOTERS NOT REGISTERING IN PERSON.-Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as follows:

"(A) the individual-

"(i) registered to vote in a jurisdiction by mail; or

"(ii) did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity; and".

(2) MEANING OF IN PERSON.-Paragraph (1) of section 303(b) of such Act is amended by inserting at the end the following:

"For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration form.".

(b) CONFORMING AMENDMENT.-The heading for subsection (b) of section 303 of such Act is amended by inserting "and Who Do Not Register in Person" after "Mail".

© EFFECTIVE DATE.-The amendments made by this section shall take effect as if included in section 303 of the Help America Vote Act of 2002.

SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION IN CASES INVOLVING 10 OR MORE VIOLATIONS.

(a) FALSE INFORMATION IN REGISTERING OR VOTING.-Subsection (c) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by inserting at the end the following: "In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting '$20,000' for '$10,000' and by substituting 'ten years' for 'five years' with respect to each such violation.".

(b) PENALTY UNDER NATIONAL VOTER REGISTRATION ACT OF 1993.-Section 12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10) is amended by inserting at the end the following: "In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less $500,000 ($1,000,000 in the case of an organization) or shall be imprisoned not more than 10 years, or both, and any such fine shall be paid into the general fund of the Treasury as provided in the preceding sentence.".

© EFFECTIVE DATE.-The amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.