[House Hearing, 110 Congress]
[From the U.S. Government Publishing Office]
HEARING ON IMPEDIMENTS TO VOTER ENFRANCHISEMENT
=======================================================================]
HEARING
BEFORE THE
COMMITTEE ON HOUSE
ADMINISTRATION
HOUSE OF REPRESENTATIVES
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
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HEARING HELD IN PHILADELPHIA, PA, OCTOBER 5, 2007
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COMMITTEE ON HOUSE ADMINISTRATION
ROBERT A. BRADY, Pennsylvania, Chairman
ZOE LOFGREN, California VERNON J. EHLERS, Michigan
Vice-Chairwoman Ranking Minority Member
MICHAEL E. CAPUANO, Massachusetts DANIEL E. LUNGREN, California
CHARLES A. GONZALEZ, Texas KEVIN McCARTHY, California
SUSAN A. DAVIS, California
ARTUR DAVIS, Alabama
S. Elizabeth Birnbaum, Staff Director
Will Plaster, Minority Staff Director
HEARING ON IMPEDIMENTS TO VOTER ENFRANCHISEMENT
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FRIDAY, OCTOBER 5, 2007
House of Representatives,
Committee on House Administration,
Washington, DC.
The committee met, pursuant to call, at 10:10 a.m., in room
400 of Philadelphia City Hall, Hon. Robert Brady (chairman of
the subcommittee) presiding.
Members Present: Representatives Brady and Lofgren.
The Chairman. I would like to call our hearing of the
Committee on House Administration to order, and I know all of
our witnesses are here and I ask them if they wouldn't mind
please taking the witness table.
First of all, and in my mind most importantly, I want to
thank Zoe Lofgren for coming here. Zoe is also the Vice-
Chairwoman of this Committee, and she is the Chairperson of the
Subcommittee on Elections. She is from the great state of
California, a long way from here, and she graciously agreed to
come and spend a couple of hours with us today, then we are
going to try to let her see some of our great sights in the
City of Philadelphia. If anyone has any recommendations, we
could surely use them. Thank you for participating in this
hearing and enjoying our city.
We have with us today the Deputy Secretary of
Administration Thomas Weaver, Commissioner Edgar Howard,
Chairperson of the Commissioners, and Commissioner Marge
Tartaglione and Mr. Bobby Lee, who has been around, as long as
this building has been around. I appreciate your participation.
It is my pleasure to be here and call this hearing to order.
Members of the committee, witnesses and guests, I am pleased to
bring the Committee on House Administration to Philadelphia
today to discuss Impediments to Voter Enfranchisement. The
right to vote and access to the polls are fundamental to our
democracy. I want to get this hearing on the record. I want to
get your testimony on the record, because there are a few
things happening in the Supreme Court, and there are a lot of
things happening in the United States of America. We want to be
able to say that our city has one of the best voting systems in
the nation. I have all the expert witnesses. We also invited--
in our city we have three Commissioners--a Congresslady, and
one is of the minority, and we invited the minority
Commissioner, Mr. Joe Duda, and hoped that he would come. He is
a Commissioner of the Republican Party. So this is a bipartisan
hearing. Since this nation was founded, we expanded the right
to vote to include non-land owners, minorities, women, and 18-
year-old citizens. I am interested in learning how today's
witnesses have overcome problems with casting ballots.
We will hear suggestions on improving the voting process.
In 2000, the nation and the world watched Florida's recount. It
took 30-plus days for the Supreme Court to decide the outcome
of the presidential race. We will all remember the problems
with that election, the ballots and the hanging chads. The only
Chad I knew of prior to that election was Chad Everett, and now
we know of all kinds of pregnant chads and dangling chads and
all different kinds of chads. In some ways that helped us and
led to the passage of the Help America Vote Act. This committee
had a lot to do with getting that bill through Congress.
Traditionally, states have paved the course for running
elections. States and counties have been forced to decide
between funding the maintenance of roads, construction of
schools, and a lot of other programs. In 2002, for the first
time in the nation's history, they provided federal money to
run federal elections. I know it was never enough, and we have
to try to increase that. Here in Philadelphia, plenty of
attempts have been made to disenfranchise poor and minority
voters through intimidation and suppressive tactics. I expect
we will hear a few stories today. One of the worst stories I
have ever heard took place in a Milwaukee African-American
neighborhood in 2004. An entire neighborhood was blanketed with
misleading fliers from a fictional Milwaukee black voters'
league. These fliers falsely claimed that voters could be
ineligible to vote if they violated traffic laws, if any family
members had criminal records, or if they voted in a previous
election that year, they didn't need to vote this year. That
sort of manipulation must be stopped. Another voting obstacle
threatens voters across the nation. A handful of states have
increased ID requirements at the polls. In fact, the Supreme
Court is set to hear a case this term on the voter ID issue.
The Committee will pay close attention to that case. If these
voter ID laws are upheld, poor, elderly, minority, and disabled
voters will be discouraged from voting. Congress should be
working to ensure that every individual that is eligible to
vote will be able to do so. We should not be in the business of
creating roadblocks for Americans who qualify to vote.
Dedicated public servants, volunteers, and community-based
organizations, like the ones we will hear from today, have been
helping to monitor and combat problems voters face on Election
Day. Additionally, this year the House of Representatives took
a major step to prevent voter intimidation and misleading
tactics by passing the Deceptive Practices and Voter
Intimidation Prevention Act. This legislation will go a long
way to prevent misleading fliers and misleading information
from being distributed. Overcoming these barriers and expanding
opportunities at the voting booth are priorities of this
committee. We have a lot of work ahead of us, but we are on top
of it, and we are ready for the challenge.
Earlier this year a federal court upheld one of the most
restrictive ID laws in the country. The Indiana law created
unnecessary obstacles to citizens participating in federal
elections and is nothing short of voter-suppression. I think it
is unconstitutional in its application, and I intend to
participate by filing an amicus brief with the Supreme Court,
challenging the constitutionality of the law.
My constituents are among those who would be most affected
were this type of law extended to Pennsylvania, and I will not
sit idly by as the constitutional rights of my constituents are
eroded. Justified on the basis of administrative convenience, I
will commit more to this issue in the future. I just want to
briefly talk about this voter ID card. We have been through
these hearings, Ms. Lofgren more than I have, being the
Chairwoman on the Subcommittee on Elections, and we have heard
about these voter ID cards. The best example I have is my mom.
My mom is 85 years old. She doesn't drive anymore, though she
may still have her driver's license, I know it is probably not
current. She doesn't have a passport, nor do I. She doesn't
have a birth certificate, nor do I. If we need them, we get
them as we need them, and I don't have a copy of that. These
are some of the things that can be used, plus some bills that
you pay for instance, an electric bill, heat bill or, water
bill. A lot of people that live in public housing don't have
those bills. These are some of the ID requirements that she
would need to get a free ID voter card. So they say it is not
an unfunded mandate, but we believe that it is, because to get
the certificates that you need to get the ID card, you have to
pay for them. Not only do you have to pay for them, but you
also have to come into town or go someplace to get them, and
that is an inconvenience. The last thing we need, is to set any
kind of inconvenience up for any one of our people that want to
come out and vote. We need to clear up those obstacles, not
create more. That is the purpose of this hearing, and to get on
the record and hear your thoughts and be able to take them back
to Washington and have some documentation on the record that we
can use for ammunition. We have to fight. We have to fight to
make sure that that doesn't happen. So again, it is my distinct
pleasure to introduce for her remarks Zoe Lofgren, the
gentlelady from California. Again, I thank you for your
participation.
[The statement of Mr. Brady follows:]
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Ms. Lofgren. Well, thank you very much, Mr. Chairman, and
thank you for holding this hearing, and thanks to the City of
Philadelphia for letting us be in this beautiful room in this
beautiful city.
I think this is an important topic for Philadelphia but
also for the country. The Constitution says now, after much
hard work over the decades, that all Americans get to vote. And
so we need to examine when that right is threatened through
procedural matters or the like. We need to make sure that if
there are voter registration problems that prevent Americans
from casting their votes that we address that. We need to
attend to the lack of minority language election materials,
when those are necessary. Make sure that the purging of voter
lists doesn't improperly remove Americans who should be able to
cast their votes. And that intimidation and other improper
actions, such as intentional misinformation, doesn't have the
effect of precluding Americans from voting.
You have mentioned quite properly the voter ID requirement.
This is something that is now occurring across the United
States, and I think it is pretty obvious that it is an effort
to prevent Americans who are low income from exercising their
right to vote. Earlier this week, we had on another subject a
witness before the Election Subcommittee, from Arizona, who
told us--I was stunned--that if you come to the polls in
Arizona with a United States passport, it is not good enough.
They still won't let you vote. It is not a sufficient voter ID.
So I think we have a serious problem here. I commend the
Chairman for his leadership in stepping forward. Certainly we
know that the court may act, but they will act to decide
whether a statute is constitutional or not. That really doesn't
address the question of whether Congress should step in and
make sure that these voter ID laws are not used to preclude
low-income Americans and elderly Americans from exercising
their basic American right. I thank the Chairman for
recognizing me.
The Chairman. I thank the lady. Also I agree. I would like
to thank Council President Anna Verna for allowing us to use
these chambers and allowing us to have access to the staff and
I thank the staff for being here today and for putting up with
us for a couple hours. She is a lovely lady, and I do
appreciate the Council President's courtesies.
What we would like to do is, we would like to hear
testimony from our witnesses. We have a clock that I am not
going to use. We are usually strict in Washington, but this is
the City of Philadelphia. As Commissioner Howard said, this is
the city of brotherly love and sisterly affection. So we will
disregard the timer. We would like you to keep your remarks
under five minutes. We will hear testimony from all four
witnesses, and then we would hope that you could stay around
and we will have some questions at the end. So, Deputy
Secretary of Administration, Mr. Thomas Weaver, you may go
first. Thank you.
STATEMENTS OF THOMAS WEAVER, DEPUTY SECRETARY OF STATE,
COMMONWEALTH OF PENNSYLVANIA; MARGARET TARTAGLIONE, CHAIRWOMAN,
PHILADELPHIA CITY COMMISSIONERS; AND EDGAR A. HOWARD,
COMMISSIONER, PHILADELPHIA CITY COMMISSIONERS
STATEMENT OF THOMAS WEAVER
Mr. Weaver. Thank you, Congressman and Congresswoman
Lofgren, good morning. It is certainly a pleasure to be here
this morning. And on behalf of Secretary Cortes, thank you for
the invitation to appear and to discuss what you folks have
already outlined as one of our most fundamental principles in
our democracy, the importance of voting and ensuring a
successful vote and voter participation.
Among its wide range of administrative responsibilities
that affect all Pennsylvanians, the Pennsylvania Department of
State oversees the elections process for all of Pennsylvania's
67 counties. Today I will briefly discuss how the Department
works with counties to encourage voter participation and ensure
that the Commonwealth has elections that are fair, accurate,
and accessible.
I will also comment on any potential challenges that
discourage broad voter participation, particularly proposals to
require photo identification in order to cast a ballot.
As you are aware, and as you already mentioned, the federal
Help America Vote Act of 2002 set forth numerous mandates,
including standards for voting systems used in federal
elections occurring after January 1, 2006. For Pennsylvania,
that first election was the May primary of 2006. 12 systems are
currently certified for use in Pennsylvania. These systems go
through a two-tier testing process before the Secretary of the
Commonwealth certifies them for use. The testing, coupled with
the county's procedures and carefully monitored chain of
custody, ensures that the votes cast will be accurately
recorded and fairly counted. HAVA also sets forth requirements
for accessibility and HAVA-compliant voting systems, allowing
many voters with disabilities to vote independently for the
first time.
In addition to accessible voting systems, the Department
has implemented an initiative to work to make polling places
more accessible. In addition to physical access, the need for
access also extends to those with limited English proficiency.
The Department is committed to providing the right to vote to
all and has translated many forms into several languages.
Currently present in Pennsylvania, the languages include
Chinese, Korean, Russian, French, Cambodian, and Spanish.
In addition, the Department created a voting guide for new
citizens, which was one of the first of its kind in the nation.
The guide encourages our new citizens to become members of our
democratic process. It is distributed at citizenship ceremonies
and is being translated right now into five different
languages. Another way to ensure fair, accurate, and accessible
elections is to provide access to poll worker training. With
input from counties, reviewing and updating the current
election official and poll worker training certification
programs, the Department is currently revising materials to
incorporate two new sensitivity training programs for people
with limited English proficiency and for people with
disabilities. A video is also being created with HAVA funds to
assist counties with training. Emphasizing procedures from the
minute the polls open, to handling provisional ballots,
canvassing the results, will be the goal of the training. We
believe that better-informed poll workers will lead to better
elections, and this training of elections officials is a top
priority for the Department.
Public education, though, is also critical. To meet the
need for voter education, the state created Ready, Set, Vote, a
state-wide voter education and outreach campaign developed in
2006. This multi-media campaign covered topics ranging from
basic voter registration information to voter education about
HAVA-compliant voting systems. The effort includes outreach
campaigns to a range of communities across the state and
reached hundreds of thousands of Pennsylvanians for the 2006
primary and general elections. The next phase of the campaign
for 2008 is currently underway and in the developmental stage.
I have covered how Pennsylvania works toward fair,
accurate, and accessible elections. Now I want to turn my
attention to the potential challenges that discourage broad
voter participation, particularly proposals to require photo
identification in order to cast a ballot. Reading numerous
press reports, you hear of various types of impediments to
voting, such as proposals to penalize groups for late
registrations and legislation requiring proof of citizenship or
proof of photo identification in order to vote.
In Pennsylvania, Governor Edward Rendell vetoed such a bill
in 2006. In his veto message he stated--in quoting the
Governor, he said, ``At a time of growing apathy and cynicism
among our citizens regarding elections, I believe that the
government should be doing everything it can to encourage
greater participation in the electoral process, not
discouraging participation by placing additional limitations on
the right to cast a vote. Moreover, without compelling evidence
of a problem with the current system of voter identification in
Pennsylvania, I see no reason to enact laws that will result in
voter confusion, disenfranchisement to legitimately-registered
voters. Some proponents of the bill claim that no one is
actually being denied the right to vote. The voters are merely
being asked to comply with a simple requirement meant to reduce
the instances of voter fraud. They point to various acceptable
forms of identification that are listed in the bill as support
for their defense, that the provision is not an attempt to
suppress turnout. Regardless of how long the list is of
acceptable forms of identification, there are people who may
not be in a position to produce any of them. People who live in
a household where they lease, and utility bills are in someone
else's names, people in nursing homes, and those who may have
been temporarily displaced from the residence, to name just a
few. As Federal Judge Harold Murphy very eloquently stated in a
recent case discussing a similar bill enacted in Georgia, for
those citizens, the character and magnitude of their injury,
the loss of the right to vote, is undeniably demoralizing,
extreme, as those citizens are likely to have no other
realistic or effective means of protecting their rights. Others
have suggested that this voter identification provision is
needed to reduce the instances of voter fraud in Pennsylvania.
However, I have not seen yet any evidence of widespread voter
fraud impersonation in Pennsylvania that would justify imposing
this additional burden on voters.''
The Governor noted that the National Commissions on
Election Reform found that there is no evidence that fraudulent
acts the voter ID provision seeks to address exist anywhere in
the United States. Voter photo ID requirements also would slow
the voting process, create longer waiting periods before
citizens could cast their votes. The result would likely be
longer lines, longer wait times, which may serve to
additionally disenfranchise voters and suppress turnout.
Mr. Chairman, Congresswoman, thank you again for the
opportunity to be here and certainly be available for
questions.
[The statement of Mr. Weaver follows:]
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The Chairman. Thank you, and thank you for your testimony.
Commissioner Howard.
Mr. Howard. I will let the Chairperson speak first.
The Chairman. Chairperson Marge Tartaglione.
STATEMENT OF MARGARET M. TARTAGLIONE
Ms. Tartaglione. Good morning. I am Margaret M.
Tartaglione, Chairwoman of the City Commissioners. The City
Commissioners are elected officials responsible for
administration of voter registration and conduct of federal,
state, and local elections in Philadelphia County. I have been
an elected City Commissioner since 1976 and have experienced
many changes in the election law.
The National Voter Registration Act of 1993, the
opportunity for citizens to register and feel safe voting, to
ensure they remain registered and eligible to vote and provide
valuable information to the Commissioners in maintaining the
accuracy and current of eligible voter files. The unfounded
mandate also places substantial added responsibility on ongoing
annual operations and cost to the county.
In 2002, in the welcome departure from the past practice of
federal and state government, Congress passed a Help America
Vote Act, which included funds to partially pay for the costs
of implementing and mandating changes. The Help America Vote
Act, HAVA, particularly reimbursed Philadelphia for the cost of
our successful switch from aging mechanical lever voting
machines to a proven accurate, responsible, durable, and
efficient electronic voting system. HAVA funds were also used
to upgrade the electronic machines for 2002 standards and
improve accessibility for the visually impaired. Prior to the
2004 and 2006 federal general elections, HAVA funds were used
to conduct a massive voter education program, including HAVA
mailing to every voter an advertisement in three daily and 28
weekly community newspapers. All of these changes, whether at
the federal or state level, have placed increased
responsibility and unfunded ongoing costs upon county
governments and elected officials. These changes have also
substantially complicated the Election Day process for polling
places' officials without any increased annual funding for
compensation or training. Recently proposed in Congress to
change election laws requiring every voter to produce photo ID
at the polling place and foolishly rush into added requirements
for paper verification to an electronic voting system will
result in even more responsibility, more unfunded annual
operating costs, further complicating the voting day process
for all poll officials and voters, and potentially result in
the disenfranchisement and uncounted votes. The most immediate
threat to ensuring that all qualified Philadelphians be able to
vote and be assured that their vote will be accurately counted
or counted at all in the next two federal elections is H.R.
Bill 811. This legislation would require that Philadelphia set
aside its proven, accurate, electronic voting system and lease
a paper percentage count, optional scan system for the next
four years. Philadelphia has not voted on paper for more than
50 years. Paper systems allow too much devices in the way
voters make their selection known, leading to voter intent
issue and challenge. The Philadelphia City Commissioners join
the ultimate number of state and local government organizations
opposing H.R. 811 or any legislation that does not provide for
a reasonable development, testing, and implementation period.
Full funding authorization and appropriation and requirements
that enable county election personnel to secure and officially
ensure that every vote cast is accurately recorded, stored, and
reported, and certified. We will be glad to provide the
committee additional information on our concerns and issues
with the H.R. 811 Bill and other pending federal legislation
upon request. Thank you.
[The statement of Ms. Tartaglione follows:]
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The Chairman. Thank you, Commissioner. Commissioner Howard.
STATEMENT OF EDGAR A. HOWARD
Mr. Howard. Good morning. It is indeed a pleasure to be
here, and we thank you for this opportunity.
I just want to talk about voting in Philadelphia as
mandated by Pennsylvania law. The qualifications of the voter
are very brief. You have to be a citizen of the United States
for one month before the election. You have to be a resident of
Pennsylvania in your election district for 30 days before the
next election. You will be 18 years of age on the day of the
next election.
Philadelphia County is made up of 66 wards, with three
wards being split into what we call A and B wards, so we have a
total of 69. There are 1,681 political subdivisions in the City
of Philadelphia. Within these subdivisions, there are
approximately 992,000 registered voters, and that breaks down
into 750,000 of those folks are Democrats, 149,000 are
Republicans, and about 4,000 are registered as Independents.
Pennsylvania being a primary state, the only people who can
vote in a primary are, you have to be registered in your party,
so that kind of knocks out Independents, because if you can't--
like, we just came through the mayor's race. You can't be an
Independent and vote for a Democratic candidate or a Republican
candidate for mayor because of our system.
You can register to vote by mail. You can register to vote
in person. You can register to vote in conjunction with an
application for a renewal of a driver's license. You may
register to vote at any government agency. And effective
January 1, 2006, all applicants to register to vote had to
include a valid Pennsylvania driver's license number, a
Pennsylvania non-driver's photo ID number, or the last four
digits of your Social Security number. All first-time
Pennsylvania voters voting in their election district for the
first time had to provide identification, and there is the list
about identification that I will submit to the record, so I
don't have to go through that.
There are many things that we need to do, and the one issue
I think that disturbs the Commissioners right now is HAVA has
mandated that all polling places be handicap accessible. In
Philadelphia, we are an aging city. In a lot of neighborhoods
we do not have buildings that are handicap accessible. So
consequently, what this law has done, I am quite sure not
intentionally done, we are now pitting the senior citizens
against those with disabilities as we scurry around trying to
find polling places that are handicap accessible. I can always
point to my own ward and the divisions within my ward, where a
lot of the public school buildings are not handicap accessible.
We may have four or five divisions voting in those buildings,
and it becomes an awesome task trying to relocate them. And I
think that it is just horrible that we are left with the
decision, who do we disenfranchise, those who have a disability
or those senior citizens who must now walk additional blocks?
The other strong point about Philadelphia and its elections is
that people love to walk and vote. That is a tradition in
Philadelphia. And because of HAVA, that is now in jeopardy. I
just think that HAVA needs to take another look at that,
because here we have the process of a person can vote by an
absentee ballot. We have alternative ballots who are
specifically for people who are 65 years or older and their
polling place is not handicap accessible. So it is not like we
do not try to reach out to help people.
And the issues about incidents that happened on Election
Day, those incidents are reported to the Commissioners' Office.
They are investigated, they are reported to the Committee of
Seventy. They are investigated, and if need be, they are turned
over to the District Attorney's office if it warrants any type
of prosecution. Those are the safeguards that we have. But we
also have a problem when people go to other agencies and say
things, and we know nothing about it, and we are left holding
the bag because we know nothing about anybody's complaint. And
those are some of our concerns. I just wanted to state what I
feel and what I have seen in the Commissioners' Office in my
brief term. And I thank you for this opportunity to address
this distinguished body.
The Chairman. Thank you, Commissioner. Bobby Lee.
Mr. Lee. Yes. I don't have a statement. I basically came
along in order to answer questions, but I would like to add
something about the photo ID proposals.
From my knowledge, I don't know of any single photo
identification available from a government agency that would
provide all of the information on that one ID that they are
asking for in some of these bills.
I mean, you don't need to be a citizen to get a driver's
license, so you can't prove citizenship with a driver's
license. Some of the information that may be on the driver's
license is not on a passport. Voter identification cards do not
include photos. So the problem basically is that there is no
single, one piece of identification now that would provide
that, unless the federal government is going to go forward and
develop and implement a national ID card that every citizen
must carry. So you get into a lot more chilling aspects once
you go down that road.
Pennsylvania's law went one step further than HAVA, went a
little bit further than HAVA. HAVA requires that anyone who
registers by mail for the first time in a county provide ID
either when they are registering or when they vote. The
legislature in Pennsylvania went one step further and decided
that any individual who is voting for the first time in their
election district, regardless of the source of the application,
provide identification when they vote for the first time.
Fortunately, through our voter education programs, and through
some help with the media and other organizations, we have
alerted our voters to bring ID with them when they go to vote.
But that does not help those individuals who do not have the ID
that is listed. Although Pennsylvania does have an expanded
list of ID, and the fact that they can use a voter registration
card that was issued and mailed by our office as that ID, even
though it doesn't include a photo, helps. But the move to
require a photo ID at the polls for every voter for every
election is basically unnecessary. There is no foundation to
the urban legends regarding imposters voting. We had a City
Council primary here in Philadelphia one time that was decided
by 99 votes, Democratic primary. One candidate sued. One
candidate came in and examined the poll books that the voters
signed on Election Day. They used volunteers that do that, and
they were using rulers to measure signature specimens. Based on
that unscientific method, they filed a complaint in court
saying that there were 1,100 imposters out of 26,000 votes
cast. Well, naturally, both sides then hired handwriting
experts, and they came in and they really examined the records,
and they looked at the poll books over a period of two or three
elections to account for changes in signature specimens. And
when both sides got done, even the petitioner's handwriting
expert said, at most, out of the 26,000 signatures, there may
have been four imposters. So not only have I not seen proof
that imposters are voting, I have seen the other side of it,
where people claimed they were, and I have seen proof that they
didn't. And any time that we get challenges or questions
regarding imposters voting, there was another case where
another Council candidate initiated an investigation by the
State Attorney General with the same claim. They were provided
all the poll books. They were provided all our records, and the
case was unfounded and never went anywhere.
So I haven't seen any indication or need that every voter,
every election, provide a photo ID with expanded information on
it. I just think it is a barrier to voting, and it is going to
disenfranchise those who ought to vote the most, those who need
to have a voice in their government and support of their
government.
The Chairman. Thank you, Bobby. I just have a couple of
quick questions to anyone, because you have a lot of
Commissioners up there, and the Secretary could answer. Anyone
who wants to answer. Same-day registration, what is your
feeling about same-day registration? I guess this must be your
baby, hey, Bobby?
Mr. Lee. I don't like it. I don't like it. I don't like it,
because the further down that track we go where we don't have
people registering ahead of time and being able to produce a
street list of eligible voters and files of eligible voters for
both parties to review and look at before the election, then
the further we go down to creating more urban legends of people
showing up at the polls who are not qualified and just signing
a piece of paper and voting. The other problem is dual voting,
voting in more than one district, and voting in more than one
county. Although I have seen only two instances where an
individual has actually voted in two counties in the same
election in 24 years. The voting districts in Philadelphia are
so close together that you could walk literally five blocks and
vote in two or three polling places. And there is an idea out
there that with the statewide registries, we could put laptops
in the polling places, and once somebody votes in one district,
it will prevent them from voting in another district. I don't
want to see our poll workers trying to determine eligibility
using laptops. Denver tried that, and they had some issues and
complaints and problems. I just think that the current
situation, where you need to register or register 30 days
before an election, allows the government agency that is
responsible for conducting a safe and secure election is the
most workable solution for a large, major urban area. It may
work in some states. There is North Dakota, that has no
registration. It may work for them. For Philadelphia, I believe
same-day registration is probably not a road we want to go
down. It doesn't seem that we have a problem with people
registering in Philadelphia. I prepared some detailed answers
to the questions that was provided to me.
In 1992, in the five months before the Clinton and Bush I,
general election, we received and processed 293,000 paper voter
registration applications. That amount of work was equal to
about one third of our file at the time. In 2004, in the same
period before the Kerry-Bush II election, we received and
processed 252,000. We have a very active political party
structure here in the city. Committeemen, ward leaders,
political organizations, in both parties, in certain areas are
always out registering people to vote. We have 527s that come
here all the time, three or four different ones every major
election. Community organizations, union organizations, they
are all very heavily involved in registering citizens, and I
think the opportunity to register is already there, and I don't
see a need for changing that process with same-day
registration.
The Chairman. Anybody else care to comment? Secretary?
Madam?
Ms. Lofgren. Well ----
Mr. Weaver. I think ----
The Chairman. Go ahead.
Mr. Weaver. I am sorry.
Ms. Lofgren. Go ahead.
Mr. Weaver. I think he certainly outlined the issues and
the problems that would occur with same-day registration. The
issue of voter fraud, which has not been found to be a problem,
really, across the United States, same-day registration, if not
done properly, could, in fact, lead to voter fraud, as he had
indicated.
The Chairman. Madam Chairwoman.
Ms. Lofgren. Well, if there is a highly contested election,
and whether it be a committee person, legislator, Congress,
that in their districts, somebody could come to every one of
the polling places and be a first-time register, register, and
vote. Now, if this would come to light and go to court, and
they say, who did he vote for? This is a secret ballot. Maybe
he would go to jail for that, but I may lose, you may lose,
their ballots are secret.
The Chairman. I wanted to get a lot of these questions
asked. I have a couple more, and then I will let the gentlelady
from California go, I know she has some questions. You need to
understand that some of these questions I don't know the
answers to, but this is a big country with a lot of states, and
the State of California doesn't necessarily have the same
regulations that we do, and I would want the lady to hear some
of this so we can bring it back. We heard a lot of interest on
same-day registration. And fortunately or unfortunately, all
these issues will come in front of us and are in front of us
right now, and that is what we need to get on the record, and I
would like the lady from California to hear that. Yes?
Mr. Howard. Mr. Chairman, the other thing I think that
needs to be addressed is the issue that all across the United
States voter registration is done differently. Every state, it
is done differently. I mean, with all the technological
advances and the machines that we use now, the data systems
that are used, voter registration hasn't changed. It is still
done with pen and pencil and paper.
The Chairman. You are right. Again, just for the record and
also to get more information for the gentlelady from
California. The other day, the Election Subcommittee
Chairwoman, Ms. Lofgren, held a hearing on poll workers. She is
a tireless worker, and she gets all the testimony and hears
from people that come in front of her committee, but she hasn't
heard from you. What is the status of poll workers in
Philadelphia? Do you have enough? What training are they given?
Are they paid? How much are they paid? What solutions would you
suggest to increase the number of qualified poll workers? Now,
those are four or five questions that I know you know all the
answers to. It isn't like these questions haven't been asked
before. You all are experts up here, so I want you to just run
through that. Not for me, but for the gentlelady from
California so she can get some idea of how we operate and what
happens in the City of Philadelphia. We do have our battles
here. 99.9 percent are unfounded. We do have a great system
that does work. In the end, it does work out for itself with a
lot of checks and balances. Fortunately we do not have much
voter fraud, that I believe anyway, has been substantiated or
proven. There are always allegations, because there is always a
winner and there is always a sore loser, as it should be. But
if you could just expand on a few of those questions so that
the gentlelady can get a feel for things.
Mr. Lee. Yeah. There are 1,681 voting districts. The
average voting district has five polling place officials. Three
of those positions are elected positions. They are in the state
Constitution, they are constitutional officers. The other two
positions are appointed. Fortunately in Philadelphia, because
we have a very strong party structure with committeemen, ward
leaders on both sides of the aisle, and with the help of
existing poll workers, we have not had difficulty in getting
polling place officials. The ward leaders, the committee
people, the party chair, even people that serve on the boards,
when they find a vacancy, they provide the valuable service of
finding an individual to fill that vacancy. So we actually
tried a recruitment program in our office for polling place
officials because of that valuable service provided by the
structured authority out there, and it has been out there for
years and still exists. They are kind of like the oil in the
machine.
The other thing is training. Training is difficult. There
are 8,500 of them across the city. We conduct more than 315
training classes for our polling place officials for each and
every election. It consists of about a half hour classroom time
on the operation of a polling place and then another half hour
time on the operation of the voting machine. The polling place
officials are paid $20 for attending that, if they serve on
Election Day. That money is added to their check. In addition
to that, we have between 250 to 300 bilingual interpreters that
we assign to polling places to provide oral assistance, mostly
in Spanish. We have just instituted in the last three elections
a program where those officials are brought down and tested,
certified to make sure they speak the language they claim and,
if so, they are trained, and they are paid $30 for going
through that testing and training program, provided they work
on Election Day and show up. Naturally, when you are dealing
with 8,500 people who are two-day-a-year employees, at 1,681
locations, and we have a staff of maybe 80 permanent employees,
Election Day is like sitting on 1,600 shuttle launches at one
time. These people, they are your neighbors, they are your
friends. They do the best they can. They try to learn, they try
to do the best they can. They try to be fair, and they try to
conduct an election that is accurate and reliable.
And another issue, I guess, while I am on it, the fortunate
thing is having so many voting districts. Our voting districts
are between 600 and 800 voters. Philadelphia has always gone to
the added expense of paying all these poll workers, but it is
very good, because you don't often see the kinds of waiting
times in Philadelphia that you read about in some of the other
counties and jurisdictions across the country, where they may
have 3,000 voters, 10 poll workers in a voting district. And
that, in and of itself, runs into problems with locating
sufficient accessible polling places.
But could the training be improved? Sure. But the problem
is, if you try to keep a poll worker out there for a three-hour
training class, you are going to lose them. Some of these poll
workers have been doing this for years, and they tell you that,
and I have been doing this for 30 years. So we try to
concentrate on those issues that may be new, issues where we
have had notification that there were problems regarding
specific items, and the fact that we get attendance between
5,000 and 6,000 at our training classes each election has
helped us to go forward. Naturally, it is not perfect. You are
going to have garden-variety errors and mistakes occur on
Election Day, and we try to do whatever we can to resolve those
issues.
The Chairman. Thank you, Bobby. If you wouldn't mind, can
you give me some more information on same-day registration? I
need to know more about it and what you've talked about today.
I would like to have some information that I can use. This is
an issue that is going to come up pretty soon. If you could get
that to me.
Mr. Lee. Yeah, I can get that to you.
The Chairman. I appreciate that. Now it is my pleasure to
recognize the gentlelady from California.
Ms. Lofgren. Thank you, Mr. Chairman, and this is really a
very helpful hearing. On the issue of same-day registration, we
are going to have a hearing on that subject in--I can't recall
when it is, but in the near future, and what I would like to be
able to do is to give the testimony that we will receive to
you, so that you can evaluate it. This is a very diverse
country. And there are--in Minnesota, for example, the Members
of Congress from Minnesota are very keen on this, and I don't
know whether things are different in Minneapolis than
Philadelphia, but I am a strong believer of sharing information
and experiences among knowledgeable people and that we all
learn when we do that. So I look forward to that opportunity.
On the issue of absentee ballots, we have the legal
ability--that doesn't mean that we should take that legal
ability--to set certain requirements for the conduct of Federal
elections, or elections for the House, to be more specific.
However, if we were able to, or if the consensus was that we
should do that, it obviously would probably result in the
entire electoral system in a particular state changing to that.
And so one of the questions is the right to have an absentee
ballot. In California, that is not to say it is the right
thing, but it seems to have worked well for us. You don't need
to be sick or disabled. You can just ask for an absentee ballot
and vote, and it saved the counties which have the
responsibility for running these elections a lot of money
because it is more efficient. It gets done beforehand. They
have also moved to early voting, which is actually done at the
Registrar of Voters in advance on weekends so that you--and the
whole effect is to reduce the number of people showing up on
Election Day, which reduces the cost and confusion on Election
Day. I am wondering what your thoughts are on the Federal
Government getting involved in that, versus states' just
reaching that conclusion on their own?
The Chairman. We all know that when Congress passes
something and it is only for Federal elections, what winds up
happening is, it is used for all elections. No state or
jurisdiction is going to run dual voter registration or
election systems or processes because that would only lead to
confusion amongst voters from one type of election to another.
They don't know the difference between a federal election and a
local election. They just come out, and they want to vote. I
know that Pennsylvania's voter registration laws are severely
restrictive in that you need to either be outside of your
municipality on Election Day while the polls are open or be
disabled. With the passage of the ADA, the Secretary of the
Commonwealth issued a directive in '92 allowing us to use
alternative ballots for those individuals impaired by age, who
are 65 or older, or with a disability. That process allows
voters to get that ballot back by the close of polls, where the
Pennsylvania normal rule requires it back by the Friday before
the election, and that is restrictive. There could be an
expansion of that time so that it comes back the night before
the election. But I am not sure at this point how we feel about
universal absentee voting. Oh, boy. I don't see an issue, with
the exception of making it happen.
Mr. Howard. I think there----
The Chairman. That implementation.
Mr. Howard. I think that the issue of no-excuse absentee
voting, I think it is great. I mean, you know, it makes things
a lot easier.
Ms. Tartaglione. I am 100 percent for it.
Mr. Weaver. The Pennsylvania Elections Reform Task Force
convened in 2004, in late 2004 and 2005, and issued a report in
2006. And I don't have that report with me, and I do know that
absentee balloting was discussed, and I would be glad to
forward that to the committee to see if Pennsylvania had taken
a position on that. If there was a position taken, it has not
yet been implemented, because voter registration is still
conducted the same way. But I would be glad to forward that to
the committee.
Ms. Lofgren. I appreciate that, and I know, Mr. Chairman,
you have another panel of distinguished witnesses, so I don't
want to delay too much further. But again, this is very helpful
and useful information, and I am looking forward to mutuality
of sharing as we proceed further on these interesting issues,
since the whole country is so diverse. I thank you for
recognizing me.
The Chairman. I thank the gentlelady. And again, thank all
of you. You need to understand how important this is to us,
because we do hear these. It comes in front of our committee,
comes in front of the gentlelady's subcommittee, and the
knowledge is important. We need to hear from you, and I hope
that maybe you can come down when we do have a hearing to
testify again in Washington. We wanted to make it a little more
convenient, you know, to get some testimony on the record right
now, but we are going to need it again when another hearing
comes up to be able to get this on the record and share this
information. Because it is state to state, and we need to bring
some uniformity to the process as best as we can. Thank you,
Mr. Secretary, Commissioner Howard, Chairperson Tartaglione,
Bobby Lee. Thank you so much. I would like to call the next
panel up, please.
[Recess]
The Chairman. Good morning. I really want to thank you for
being here and testifying in front of us. As I said earlier, if
you weren't here what would we do. We like to get testimony
from everyone. Try to keep it to five minutes, but that is fine
if you need to go over. After everyone testifies, we will have
some questions for you. It is my pleasure now to have my
Councillady, Carol Ann Campbell testify. She is also the
Chairperson of the African-American Ward Leaders, someone who
has been extremely involved in politics, and extremely involved
in voting for way longer than I can remember, and has a wealth
of knowledge of the system. So it is my pleasure to hear
testimony from Councillady Carol Ann Campbell.
STATEMENTS OF CAROL ANN CAMPBELL, COUNCIL MEMBER, PHILADELPHIA,
PA; ROBERT SANTIAGO, DIRECTOR, COUNCIL OF SPANISH SPEAKING
ORGANIZATIONS; ZACH STALBERG, PRESIDENT, COMMITTEE OF SEVENTY;
AND J. WHYATT MONDESIRE, PRESIDENT, NAACP PHILADELPHIA CHAPTER
STATEMENT OF CAROL ANN CAMPBELL
Ms. Campbell. Good morning. Thank you, Chairman Brady and
distinguished members of the Committee on House Administration
for joining us here in the City of Philadelphia.
I am Councilwoman Carol Ann Campbell, and I would like to
thank you for giving me the opportunity to address this very
important subject. I am the Chairperson of the Handicap and
Disabled Committee of Philadelphia City Council. I am committed
to protecting the rights of the disabled, and as the
Chairperson of this committee I have pioneered and proposed a
change to the Charter, which is Philadelphia's governing
instrument.
The Charter change provides for the creation of the
handicap and disabled advocate. The disabled community faces
many impediments to voters' enfranchisement. Non-accessibility
is the number-one challenge. The government must address it in
a meaningful manner. Some persons with disability are unable to
wait in line to vote, and it may be time for the government to
consider online voting as a means of addressing some of these
non-accessibility issues. You have come here and asked us to
talk about a very important subject, impediments to voter
enfranchisement. This is a matter in which I know a great deal
about. For more than 15 years, I have served as the chairwoman
of the African-American Democratic Ward Leaders of
Philadelphia. Our organization represents more than 900,000
African-American residents in the City of Philadelphia. Under
my supervision as chairwoman, and the support of Congressman
Bob Brady, more African-Americans have been elected to public
office than at any time in the history of Philadelphia.
Our role is traditional. We organize, mobilize, and inform
voters in our communities about their choices on Election Day.
This is no small task. It is no small task because, far too
often, government hinders, not helps, the working men and women
of our community in their effort to exercise their
constitutional right to vote and participate in their
democracy. I believe there are four principal impediments to
voter enfranchisement. First, we face impediment to actually
voting through an emerging pattern of voter ID requirements,
prohibiting same-day voter registration, having Election Day be
a work day, and prohibitions on felons' voting. We face
machinations, technicalities, obscure and insidious regulations
used to keep our votes from being counted after they have been
cast. The saga of the 2000 presidential election, the drama of
voting in Ohio in 2004, and the unresolved matter of the 13th
Congressional district in Florida are all clear examples of
this problem.
Second, we face restrictive ballot access laws,
intimidating petition requirements, inconsistent application of
election law, confusing financial disclosure forms that reduce
the number of candidates allowed on the ballot. Voters have
fewer candidates to choose among for almost all public offices
today than voters did 100 years ago. This problem is further
complicated by the disproportionate influence of money in this
process. The vast majority of voices people hear speaking on
issues are the voices of money. We don't have free and fair
elections if voters don't get to hear the voices of candidates
without money. We need public forums where all candidates have
equal opportunities to speak.
Third, with over 100 beautiful languages spoken in this
city, we face a language barrier for those who have not learned
English as their native tongue. This also applies to men and
women with different physical abilities. Committing more
financial and personal resources to expanding the accessibility
of polling places must be a high priority of government at
every level.
Fourth, to require such forms of identification as
passports and driver's license, we place an undue financial
burden upon many people, including the elderly and people
living on fixed incomes if they had to purchase these items for
voter identification, the documents that they would need. I
have been involved in dozens and dozens of elections. My
knowledge on this matter is a second only by my passion for
them. I believe so strongly that if government knowingly
disenfranchised one voter, we have failed as a democracy. Thank
you for your presence here today and the important work that
you continue to do. I am happy to answer any questions that you
may have.
[The statement of Ms. Campbell follows:]
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The Chairman. Thank you, Councillady. Next, we have Mr.
Roberto Santiago, who is with CONCILIO, the Council of Spanish
Speaking Organizations. Mr. Santiago.
STATEMENT OF ROBERTO SANTIAGO
Mr. Santiago. Thank you, Mr. Chairman. Congresslady Lofgren
from California, good morning, and thank you for the
opportunity to hear my concerns regarding voter
enfranchisement.
My name is Roberto Santiago, and I am the Executive
Director of the Council of Spanish Speaking Organizations. For
the last 11 years I have had the enormous privilege to lead the
oldest Latino Organization in the Commonwealth, CONCILIO.
Founded by a group of Puerto Rican community activists in 1962,
CONCILIO's mission has been to ensure that equitable social,
educational, health, and cultural services are available and
accessible to everyone.
I have no special credentials. My only possible attribute
comes with 30 years of experience in community service inside
poor neighborhoods in Philadelphia, western New York, and
Puerto Rico. And I am also a U.S. Navy veteran. I am a member
of a family with four generations of proud military service in
the United States Armed Forces. For the last two decades I have
watched in dismay and disbelief the boldness in which devices
are employed to impede citizens from exercising the right of
suffrage. I should note that political disengagement is
anathematic to Puerto Rican culture. Puerto Ricans participate
in elections at far higher rates than voters in the United
States. At 81.7 percent in 2004, Puerto Rico is considered one
of the highest records of voter participation in the democratic
world.
Our systems are mirror images of each other. We have an
independent judiciary, a two-chamber legislature, a strong
executive branch, and we use the pluralist form of election
system. Yet here in Philadelphia we struggle to stimulate
meaningful participation in local elections.
Are Latino voters not turning out, or are they just being
turned off? Is it voter apathy, or is it voter discontent? I am
not in a position to make such a conclusion. But let me share
with you some of the most common concerns of people in the
neighborhoods.
On every Election Day, myself and a significant number of
my staff travel the breadth of north Philadelphia polling
places. We serve as poll watchers, independent observers, and
translators. This is what we hear, and this is what we see.
One, lack of language interpreter support. There is at times
total absence or an inadequate number of interpreters in
heavily-laden language minority polling sites. The, ``oh, I am
sure there is one around,'' answer to voters' request for an
interpreter is unacceptable, is offensive, and in violation of
Court agreement. The selection process of interpreters is
unclear, and it is perceived as politically influenced. We ask
what skills are required to become a Spanish language
interpreter? Are there any formal training requirements? Are
there any credentialing requirements? These are all questions
that are answered in a very nebulous form. In many cases,
voters are unable to distinguish voting officials from party or
candidate operatives. There are multiple complaints of poll
workers' engaging in helping voters to fill out their ballots
and instructing them how to vote. We ask that you require the
display of official photo ID badges on the outer garment which
clearly indicate name, titles, and party affiliations where
applicable, for every poll official. Candidates and party
operatives improperly hinder the free movement of voters'
entering and exiting polling places. Aggressive canvassing
practices outside polling area create an unpleasant and
sometimes hostile, vulgar, and violent atmosphere for voters.
Voters are least likely to vote when they fear obnoxious and
aggressive solicitation. The gauntlet-like experience
discourage participation in the electoral process. It is seen
as a political strategy designed to discourage voter
participation in neighborhoods likely to vote for the
contender. It is especially intimidating to first-time voters,
women, and the elderly.
As of yesterday I tried narrowing down what the distance
between the door and solicitation was. I called Ms.
Tartaglione's office. I was told by an individual in that
office that, ``to my knowledge, there are no distance
requirements.'' I called the State to find out they are 10
feet. In any case, we ask that buffers be expanded, and where
enforcement of this expansion is not possible, then do without
it altogether. We don't really need this kind of harassment for
voters. I am going to cut my statement because I am running out
of time. There is more to it, but I want to conclude, and I
wanted to ask this committee to play a role in increasing voter
participation, to encourage, facilitate, reward, and implement
Election Day registration, vote-by- mail, early vote, and
certainly bilingual ballots. This is especially valuable to
seniors, language minorities with limited English skills, the
physically challenged, the marginally literate, and to anyone
who needs and wants additional time to make a thoughtful
choice.
Mr. Chairman, I understand that institutional change is
slow and rarely cheap, but in my opinion, when the citizens'
rights to vote collide with the interest of a candidate or
impinges upon the convenience of an electoral system, it is the
interest of the citizen voter which must prevail. We cannot
fear the implications and consequences of a free and just
electoral process. A representative democracy becomes a
worthless, philosophical abstract when the free exercise of the
vote is denied or is unachievable by every single man and
woman. For the victim, democracy becomes but a painful farce, a
pretense, a rhetorical concept. In short, an illusion of
inclusion.
I pray unto you, Mr. Chairman, I pray unto you, members of
this committee, and I pray unto every honorable man and woman
of this great country, let our people vote. Thank you, Mr.
Chairman, for your time. I ask that my testimony be entered in
full into the record. Congressman Brady, I now stand before
this committee to answer your questions.
The Chairman. Thank you, Mr. Santiago. Thank you so much.
Next we have Zach Stalberg, who is the CEO and president of the
Committee of Seventy. For Californians, the Committee of
Seventy is about 70 or so people that have formed to watch over
elected officials and politicians, and they have been watching
us for many years and have become intermingled with us now in
causes such as elections so that we can work together on these
issues. So, Mr. Stalberg.
STATEMENT OF ZACH STALBERG
Mr. Stalberg. Thank you very much. I am Zach Stalberg,
President of the Committee of Seventy, a non-profit and non-
partisan organization.
Seventy has long conducted an election oversight program
and voter protection program that is probably the oldest and
largest such program in the country.
Simply put, and I also want to respect the time of everyone
here and this committee, the Committee of Seventy favors
increased voter participation and is concerned about any
requirements that discourage voting.
Many people view the expansion of voting rights as a
natural and inevitable progression. There are others who
continue to seek restrictions. These arguments are typically
advanced in the name of combating election fraud and ensuring
honest elections. Efforts to restrict voter participation,
however, can be the product of partisan politics or a desire to
maintain the racial or economic status quo. Legitimate fears
about election misconduct are not misplaced. Those well versed
in political history are familiar with many cases of election
fraud stretching back to our nation's founding. Election-
related violations, sometimes involving criminal conduct, have
been committed by party bosses, election officials, political
campaigns from both major parties, from our most rural counties
to our largest cities. However, Seventy believes that these
incidents did not justify making it much harder for individuals
to vote by insisting upon far more stringent identification
requirements. The operative word here is stringent. Such
requirements may be an inconvenience to all voters, and they
disproportionately impact minorities, seniors, and people with
disabilities.
Federal and Pennsylvania Law require two forms of
identification. One, a comparison of each voter's Election Day
signature with a scanned version of the signature from their
registration form. And two, specific additional proofs of
identity for voters voting for the first time or voting for the
first time in a division.
Even if free photo identification were provided, the burden
of supplying certain supporting documents and the time and
trouble to obtain the photo could be difficult for many US
citizens. These are very real barriers to voter participation,
especially among disadvantaged Americans.
Additional voter identification requirements should be very
carefully considered unless the Help America Vote Act
requirements are proven to be inadequate in order to prevent
fraud by individual voters. The benefits of individual
requirements should also be proven to outweigh the potentially
significant costs. In addition to these views, I would like to
offer some additional recommendations for increasing national
voter participation and removing existing barriers. While these
recommendations arguably concern matters of state
administration, our very mobile society makes them relevant to
all jurisdiction. One, reduce voter registration deadlines.
Pennsylvania has a voter registration deadline of 30 days prior
to an election. Many voters seek to register or to update their
voting addresses after this deadline, and especially as the
election becomes more interesting to them. With advances in
technology, we believe this deadline can be shortened. Two,
national no-fault absentee balloting. In Pennsylvania, a voter
must provide justification for voting absence. While voting in
person is optimal, a significant benefit of mail-in voting,
both to individuals and the community, is reducing lines at the
polls. No-fault absentee ballots can dramatically reduce the
time commitment required of voters, especially during high-
interest and long-ballot elections. Three, uniformity of
provisional ballot rules. In Pennsylvania, a provisional ballot
cast in an incorrect precinct is counted for all races which
correspond to the voter's correct precinct. Under this system,
a voter may lose one or two legislative votes, but their top-
of-the-ticket and at-large choices cast by a professional
ballot are counted. In some other states, provisional ballots
must be cast in the correct precinct in order to be counted. If
you attempt to vote in the wrong place, you are out of luck.
This more restrictive rule disenfranchises individuals.
Applying the more expansive provisional ballot rule across the
states would avoid this problem.
Four, federal funding of elections. The Help America Vote
Act provided significant funding for voting equipment, thereby
removing at least some of the disparity in voting access
between affluent and less affluent counties. While we believe
local administration of elections best serves the interest of
the voters, local funding for elections only perpetuates this
disparity, particularly as voting equipment ages and more state
and federal mandates are passed.
As long as election operations must compete with important
services such as police protection and schools for a piece of
the local budget, there is a real risk of neglect and
significant breakdowns on Election Day.
Once again, thanks for the opportunity to testify.
[The statement of Mr. Stalberg follows:]
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The Chairman. Thank you, Mr. Stalberg. Next is Jerry
Mondesire. Jerry Whyatt Mondesire is the President of the NAACP
and a tireless fighter for people's rights of all creeds,
races, and religions, and we do appreciate your testimony. You
are the clean-up hitter. We needed you Wednesday and Thursday,
but you are here now.
Mr. Mondesire. I would like to hit as well as Ryan Howard.
I thought he wouldn't be here.
The Chairman. I would like to hear from you, Mr. Mondesire.
Thank you.
STATEMENT OF J. WHYATT MONDESIRE
Mr. Mondesire. Thank you, Mr. Chairman, and thank you, Ms.
Lofgren, from California. And my days of working for Bill
Grabb, brought plenty of copies, so I will leave them with you.
I just want to give you some introduction and stress a few
things in conversation that are real important to us.
Thank you again for inviting us to testify along with my
colleagues and the other members of the City government who
have testified.
It is only fitting and proper that we gather here in the
Philadelphia City Council chambers to discuss impediments to
voter enfranchisement. Within these walls many great debates
about our city have raised, some of grand consequence, school
funding, neighborhood transformation, how to address the rise
in gun violence, and some of small consequence as well.
But, however, no matter of the content of these debates,
nor really their outcome, what is most important is that they
were made by representatives of the people, duly elected and
sworn to serve the people. It is important that the people have
a voice in this process and that their votes count and are
counted. At the NAACP, this issue is not new to us.
Specifically, we would recommend that this committee
consider very strongly support of S 453, a bill introduced by
Senators Obama, Schumer, and others to address the prevention
of deceptive practices and voting intimidation in federal
elections. Two, ask tough questions about the purging of voter
lists in an often random and arbitrary way by election
officials across the country. Three, give serious consideration
to the idea of same-day registration. And last, but certainly
not least, file an amicus brief with the Supreme Court in
opposition to voter ID's as they consider the Crawford v.
Marion County Election Board and the Indiana Democratic Party
v. Rokita. Requiring voter identification at the polls places
an unfair and onerous burden on prospective voters that will
ultimately discourage people from participating in the
democratic process.
There are fundamental problems with the concept of voter
ID's. First, it is nearly impossible to tie a voter
identification to a universal piece of identification. If you
accept a driver's license, what about those who don't drive,
the elderly, the poor, and those who take public
transportation? If you have lost your license, you have lost
your right to vote. That is insane. The American Association of
People with Disabilities reports that nearly three million
disabled people do not have any form of government
identification. Some would like us to consider a state-issued
voter identification. The insanity here continues. What about
the cost? Charging what is effectively a poll tax that would
provide a further hardship to the poor. How do we issue this
identification? It would be another burden on the voter and
further impede their right to vote.
I will also ask that this committee consider taking up the
very thorny issue of restoring the right of ex-felons to vote.
We are the only NAACP branch in the country to win that right
to vote in our state, the Commonwealth of Pennsylvania. It was
1999. The case was called Mixon v. Commonwealth. It was written
by an ex-felon, and the NAACP signed on as an amicus brief in
that case, and it was decided by one vote. Just one
Commonwealth Judge in the Commonwealth of Pennsylvania gave the
right of ex-felons their right to vote again.
You should also be aware that in this state, and I presume
it is also the same for states across the country, when you
come out of prison, you have no ID. That is a big issue for ex-
prisoners. We work with a lot of ex-felons in some of the rehab
housing programs that we do, and when we pay them, we find out
that they can't cash the checks because they don't have ID.
They didn't have licenses while they were confined, driver's
licenses, so clearly they don't have driver's licenses to cash
their checks. So we don't believe in voter ID's. We would urge
you to consider taking up the felon disenfranchisement issue,
especially as it pertains obviously only to federal voting.
There are many serious issues, and we are glad that you,
Chairman Brady, and you, Ms. Lofgren, have thought enough about
these to come to Philadelphia, and you can always count on us
at the NAACP, both here locally as well as the state and across
the country, to work with you to make sure that our people of
all colors, of all backgrounds, new citizens as well as old
citizens, have a chance to participate in the greatest
democracy in the world. Thank you very much.
[The statement of Mr. Mondesire follows:]
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The Chairman. Thank you. Thank you, Mr. Mondesire. Thank
you for asking for us to support the Senate Deception Practice
Bill. In June the House passed HR 1281, the Deceptive Practice
and Voter Intimidation Act of 2007. As an original co-sponsor
of this legislation, I support all efforts to prevent voter
suppression. We will fight to get this thing passed.
Mr. Mondesire. Thanks.
The Chairman. I will throw some questions out to anyone who
wishes to answer, again, to get you on the record. It would be
impossible to have eight distinguished witnesses come down to
Washington, to have all of you testify. As the gentlelady from
California did, we get one, maybe two that can come from this
area in support and to get your thoughts on the record that we
could take with us. One of the questions I asked the other
panel I will ask you, too. And Mr. Santiago, I have a quick
comment for you. It must be hard for people coming to this
great country from Puerto Rico where you have elections--I
think you have 90-some percent participation, and I even
understand that you paint your houses from time to time in
favor of your candidate--and to come here and see the apathy
that sometimes happens, that we may cause, that causes the low
turnout in the country, not only in the city, but in the
country. So I appreciate your prayers, although I would like to
see them for our troops and for some children that may need
them, but I will take them anyway that we can do the right and
proper thing. But it must be hard for you when people come over
and we must be doing something wrong here because that practice
of them wanting to vote doesn't continue let alone stay at that
90-some percent level, or paint their houses. I was extremely
impressed by that. My question would be to anyone, again, on
the same-day registration. As Chairman of the committee, I have
gotten a few requests to introduce a bill on that regard. I
want to have some information, and I want to have some
ammunition to bring back to have knowledge of what we should
possibly recommend for same-day registration. Does anybody have
some thoughts on that?
Mr. Stalberg. As I stated, we believe that the registration
period can be shortened as technology improves. I respect the
comments earlier from Bob Lee about the down-sides of same-day
registration itself. But there are 30 days between the current
deadline and same-day registration. And I think it does
encourage participation if we--over time we can shrink that
period.
Mr. Santiago. I take a perhaps more radical approach. My
sense is that the right of the individual to vote has to be
supreme over the inconvenience of a political system. Let them
figure the way. Let them figure the way how to make it happen.
But for those that can and want to vote, we should remove any
obstacle that prohibits them from doing so.
The Chairman. My only problem, and I shouldn't call it a
problem, my concern is that we might make it easier for
somebody to violate a law and take advantage of a system that
we have in place. We don't certainly want to do that, but I
understand and appreciate what you are saying. Yes?
Mr. Mondesire. Well, the technology that exists today, as
you know, Mr. Chairman, would mitigate against that. And you
don't have to remove the 30-day waiting period all at once. You
could do it in stages, and you could watch and see how the
thing progressed, just like we have changed since the bad, old
days of hanging chads and missing punch hole things. And you
remember what we did here in Philadelphia? We brought the
modern voting machines over a period of time. So I agree with
Mr. Santiago and Mr. Stalberg that we need to shorten that
window. You know, maybe in the next couple of years in
Pennsylvania it could be 20 days and then 10 days and then
hopefully 24 hours. I have to excuse myself. I have another
appointment, but I didn't want to miss your important hearing.
So if there are other questions, your wonderful staff can
contact me, and I will be glad to cooperate.
The Chairman. Thank you, and thank you for your
participation. Councillady.
Ms. Campbell. Thank you.
The Chairman. You have an interest, and you are a champion
for the people that need help, for people that have a problem
getting to a poll, with the handicap accessibilities. What
could we do? What could happen in the City of Philadelphia when
there is a problem with handicap accessibility? I, myself,
being involved in the political system, have a division where I
vote, and in the division where I live and where I vote and
where I used to live and voted, there were no businesses. They
were all residential, and none of them were handicap
accessible. Because of that, there may be a Law that says we
can't vote in that division, we might have to vote two or three
divisions over. And as we heard from Commissioner Howard,
people like to walk a vote, not drive a vote. Isn't it a bigger
handicap for someone to get into a special van and go two or
three more miles to vote than it would be if we could figure
out a way that we can have voting where some places are more
handicap accessible? I know that you are a tireless advocate
for that, and I'd like to have your thoughts.
Ms. Campbell. Well, being handicapped and having become
handicapped, you become more sensitive to the needs of people
that are handicapped. And online would be a way, if a person
was really certified as being disabled. I think a lot of the
responsibility should fall on the municipality because,
although a lot of places are not handicap accessible, you can
get a very inexpensive, temporary ramp that could be put over
at least three steps or a big incline for a wheelchair to go in
or for a person on a walker to be able to use. I think that the
main problem is that unless a person has lived with a
handicapped person, is friendly with a handicapped person, or
has a member of their family, they are not as sensitive to the
needs of a handicapped person as they should be. You will have
people tell you that a place is handicap accessible. I have had
this happen to me, and when we got there, there was one, small
step, that if you can't walk, you can't take it. And I think
that when it comes to voting, that is a Constitutional right
that everyone should be able to exercise. And I think that no
amount of expense is too much to make that possible. As I said,
I just don't think government has gotten to the point where
they are really sensitive. We are here in City Hall. There is
only one entrance way that you can come into City Hall in a
wheelchair, and that is to circle the entire building and come
through the courtyard and come in where there is no steps in
that one door. Now, you would think that with a city of this
magnitude that that wouldn't be the case with City Hall. And
so, if that is the way it is for City Hall, imagine what it
must be for voting. But they are going to have to eventually
look at an alternative way for handicapped people to be able to
vote, whether it be by a special ballot, whether it is one
designated place they have to go, but then you have to realize,
a lot of handicapped people don't have transportation. Everyone
doesn't have the luxury of having a van that has a wheelchair
lift that you can go up and come out and then go in. But as I
said, I don't think the sensitivity level is where it really
should be. Maybe--I can only speak about this municipality. I
can't speak about across the country. But I know that it is not
there yet. And as I said, just look at City Hall. As many
people as you have in wheelchairs, and there is only way, and
to tell you the truth, when I started working here, I had to
send my people out to really go over the City Hall completely
to find out the best way that I would be able to enter, because
we were worried about it, you know. And as I said, there just
has to be more sensitivity about people who are disabled
because they--in fact, there is a lot of disabled people that
would love to vote, and you find that on Election Day, when you
are placing calls, they would love to come, but they can't
enter the polls because it is not handicap accessible. And
then, as you know, in this neighborhood, with its neighborhoods
and the city of neighbors that we have here, a lot of people's
residences are used for voting. It is not so bad when it is a
public place, or it is a store that someone has given us. So
there has to be an alternative way for these people to be able
to cast their vote.
The Chairman. Thank you. Thank you, Councillady. Also we
are joined by the distinguished Majority Leader of City
Council, Councillady Jannie Blackwell. Thank you. Gentlelady
from California, are there any questions?
Ms. Lofgren. Just a few. Thank you very much for this
testimony, and I was wondering, Councilwoman, what your
thoughts would be on--it is easy in California actually. I
represent San Jose. In 1960, the population of the City of San
Jose was under 50,000. It is over a million today. So that
growth has all been new, and so all the buildings are new, and
it is just easy to comply. With an older city such as this, it
is a completely different set of challenges. And as you were
talking, I was thinking about my mother-in-law is in a
wheelchair. Now, we have Thanksgiving at our house every year.
40 people come, and we built a ramp so that once a year we can
have my--my mother-in-law can very easily--we wish it was more
often, but it is very difficult for her to travel. It doesn't
meet ADA requirements, that ramp, but actually it works. And
the question, I guess, is, do you think there is a way to relax
the ADA requirements if it is for a one-day voter purpose and
it is a safe approach to--is that an approach that might make
sense, do you think?
Ms. Campbell. I think it would. I think by any means
necessary. I think the greatest Constitutional right you have
is the right to vote. And I don't think anyone should be denied
that opportunity.
Ms. Lofgren. Your testimony is very powerful on that point.
Ms. Campbell. Okay. I mean, that is what I just really
feel. I feel, as I said, I find there is a lack of sensitivity
in a lot of places, as far as people. I never really realized.
I wasn't cognizant of it before I became disabled, but once I
became disabled, you pay particular attention to what really
goes on in the dealing with people that are handicapped. I am
blessed because I have a lot of people that are around me, a
lot of people that help me, and I have a tremendous support
system. But everyone doesn't have the luxury of that.
Ms. Lofgren. That is right. I was interested in the
comments on people who have paid their debt to society, but
they are permanently barred from ever voting again. And this
is, again, one of the things that we hope to look at in the
hearing later this year, on whether felons who have served
their sentence or finished with their parole, they have paid
their debt to society, whether there shouldn't be some national
rule where those individuals who are now expected to come back
and integrate into society shouldn't fully integrate and also
become voters. And it seems to me that there is a civil rights
component to this as well. When you take a look at who is in
the nation's prisons and jails because of a variety of reasons,
including disparity of sentencing, you end up with minorities
who are being disenfranchised, to the point where it is a
substantial number of African-American men in particular, are
unable ever to participate in the electoral system. And that
strikes me as something very troubling. Do you?
Ms. Campbell. It does need to be addressed, because they do
have to pay taxes. They don't say, because you are a felon you
don't have to pay taxes. You have to pay taxes, and they have
to pay taxes. Then they have the right to exercise their
Constitutional right to be able to vote. It seems to me that
once you have paid your debt to society, that should suffice.
That should be sufficient. And I think it is going to the
extreme to deny people, because people do change. They do
change. A lot of times people have to go through the experience
of being turned around completely from something terrible that
they have done, and I know I don't look at things as I did when
I was 20 years old. In fact, sometimes I think I had more sense
when I was 20 years old than I do right now, to be perfectly
honest, you know. I think as I get older sometimes I get wilder
and crazier. But really I do think that they have a right. I
think to deny them that right is morally wrong. And I think
that once people have paid their debts, you know, judge ye not
unless you be judged, you haven't walked in their shoes. So you
don't know what brought them to that point in their life that
caused them to do what they did. And I don't think any of us
have led such a pristine life that we have the right to judge
them.
Mr. Stalberg. The Committee of Seventy agrees that there
should be a fair national standard that re-enfranchises felons.
As Mr. Mondesire pointed out, that is not a problem in
Pennsylvania, although in practicality getting the proper
identification is. But it is a problem elsewhere in the
country.
Ms. Lofgren. I want to ask just about two other issues. The
Chairman mentioned the bill that the House has passed about
voter intimidation, and I think it is a very important measure,
and I hope that the Senate will either adopt Senator Obama's
bill or our bill or something so that we can make that Law
before the next election. But one of the things that we did not
include and that I hope that we can--we are planning to take a
look at, and I don't know if it has been a problem here in
Pennsylvania or not. But it is the issue of harassing robo-
calls. What we found in California and also in some other
western states, one candidate's campaign would place these
robo-calls repeatedly, and in the middle of the night. So that,
you know, you are a voter asleep, and it is 2:00 in the
morning, and it is 3:00 in the morning, and it is 4:00 in the
morning. And you are getting repeated phone calls, and you
think it is the candidate. But it is actually the opponent who
is getting those calls placed, to the point where there was
such harassment that voters--I mean candidates who were
victimized by this had to stop their voter--their get-out-the-
vote efforts. People--you can imagine when you are woken up
repeatedly in the middle of the night, it does not make you
feel friendly towards the person who you think is instigating
those calls. Was that an issue here in Pennsylvania that you
know of?
Ms. Campbell. Not to my knowledge. We have received robo-
calls but normally they are during----
Ms. Lofgren. But not in the middle of the night.
Ms. Campbell. No, not the middle of the night.
Ms. Lofgren. All right.
The Chairman. We may, now.
Ms. Lofgren. Sorry. Now I have lost my train of thought. I
guess the final question that I have really goes to something
called vote caging. And we have a hearing in the Judiciary
Committee, that I also serve on, when we looked at the US
Attorneys and the politicization of the Justice Department, and
this was one of the issues that came up. And it sounded
somewhat innocuous when the Justice Department lawyers talked
about that they had done this in their spare time, where they
had sent mailings to make sure that, you know, we didn't have
people no longer eligible to vote. And then I saw actually the
public television did a story, and here is what happened. They
picked out neighborhoods that were low income, African-American
neighborhoods, Latino neighborhoods, neighborhoods where
sometimes the mail didn't get delivered as reliably as in some
other neighborhoods, or neighborhoods where there were a large
number of young people who are away at college, sent in
mailings. And then, when they were not returned, reported those
voters as no longer there, so that we ended up with 20 or 30
percent of the African-American and Latino voters
disenfranchised in that community. I am wondering whether
anything like that has happened here in Pennsylvania and if we
ought not to look about prohibiting that when it has a
disparate, adverse impact on protected classes of Americans.
And there is a reason why, you know, we are still alert to
discrimination against African-Americans and Latinos. It is
because there is discrimination, and we need to be especially
alert in those circumstances.
Mr. Stalberg. If I may, I would like to let Christopher
Sheridan, who is the head of the voting rights and election
reform program for the Committee of Seventy just comment
briefly on that, because it is an issue.
Mr. Sheridan. In a number of occasions in the past, I think
most recently in 2003, we have seen instances of using mail to
build challenge lists on behalf of one major political party,
and I think--so it has been an issue that we have seen. I think
generally when we have gotten to the polls, I don't know that
it has always been followed through on. Usually the mail comes
back, and there is a new story, this many people aren't there.
But we haven't seen a whole lot of challenges in the field
based on this. But it is something--it actually goes back to
Tammany Hall in the last century, caging is a very old
practice. And it is something that, you know, it is
discriminatory, and it is something that you should take a
serious look at prohibiting, along with false literature, which
may be covered in, I believe it was 811 or Senator Obama's
bill. We do see----
Ms. Lofgren. And the bill passed by the House, the false
literature is covered by that.
Mr. Sheridan. Well, yeah, we do see false literature on
Election Day. We frequently have to come to Election Court to
get an order against false and misleading literature. So I do
think it is an issue, especially in highly competitive, you
know, general elections.
Ms. Campbell. From my experience as the Secretary of
Democratic Party in addition to being Chair of the African-
American Ward Leaders, you have a lot of problems on Election
Day in the minority wards. A lot of times people are removed
from the registration rolls, but no one can give you an answer
as to why. I find that sometimes there are many things that
happen in the minority wards that do not happen in other wards,
such as machines being broke seven o'clock in the morning, when
we have new machines. Machines being jammed. And sometimes
there is a pattern in certain wards where this does happen.
Now, I don't know whether it is the fault of the machine or the
lack of maybe the proper care. I don't know. But I just find it
very strange that this does happen in the minority wards.
Ms. Lofgren. At this point I have exhausted my questions,
but I will say I understand why, when Chairman Brady comes to
Washington, he is always bragging about where he is from, and
the people he represents, and how smart they are, and how savvy
they are. And I can see that from the witnesses today. And it
has really been an honor, Bob, to be down here with you, and I
commend you again for holding this hearing.
The Chairman. Thank you. It is also my honor to show you
off a little bit and let my friends that I have known for many,
many, many, many years see who I serve with and help me look
good, too, in my committee and in Congress. We were joined by
the Majority Leader, Councillady Jannie Blackwell. Would you
like to comment on anything? I know you have the box in your
office, and you heard some of the testimony. Is there anything
that you would like to say?
Ms. Blackwell. Certainly, absolutely. Certainly I want to
thank you both for being here to deal with this important
issue. Our Congressman knows all the issues we face as ward
leaders and elected officials in our districts. And I remember
the year, so, talking about the handicapped, I remember before
we had the law where we had to make all our sidewalks
handicapped, a wheelchair could get down one side and not up on
the other. So we have come a long way, certainly, in spite of
our issues. But with regard to voting, it is just important
that people be given the opportunity to submit their ballots
when they can't vote. I remember before my mother passed how
difficult it was. And the last time I had forgotten to file my
absentee ballot, and I took her, and of course they let me in,
and she was just overwhelmed being inside a machine and having
names and numbers so high, and it was just too much for her.
And so it is just important that in order to make sure that
people have their rights, they are allowed to file ballots. And
I do believe, I thought that the new machines would change the
problems we had with voting, but we still have problems. I
suppose it amounts to intent. It amounts to will. People want
to do it right. It happens right, but when we have
controversial elections, we find that somehow, somewhere, we
still have voter machine errors in certain areas. That is an
issue. How it happens, only God knows. We don't know. But we
support the effort. We thank you for having this hearing. We
thank our beloved Congressman Bob Brady, and certainly we
support whatever we can do to make sure that people in America
have a right to this tree of life, and that includes voting and
the ability for all people to vote. Thank you. Thank you,
Congressman.
The Chairman. Thank you, Councillady. I would also like to
ask unanimous consent to hold the committee record open for
five days for inclusion of additional materials and written
answers to questions.
The Chairman. Thank you. I thank the panel again. Thank you
for your participation. Believe me, you don't know how
important this is for us to have this on the record so that we
can take the information back and insert it any time we have a
hearing. We can insert your testimony, and we can make your
feelings known without you actually having to be there, and it
gives us good ammunition. So I thank all of you for your time
and your participation. I especially thank the two Councilwomen
for allowing us to infringe upon your turf for a moment or two
and also the Council president for allowing us to use this
facility. Again, a wholehearted thank-you to my colleague and
friend from California, to Congresswoman Zoe Lofgren, for
coming out here and spending time. She could have been home the
rest of today like I have, but she spent another day here with
us, and we are going to show her a little bit of the City of
Philadelphia. I thank all of you, and this hearing is now
adjourned.
[Whereupon, at 11:50 a.m., the Committee was adjourned.]
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