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Congressional Record, Senate, June 23, 2020 (S3140) — United States Senate

Summary

A page of the Congressional Record, Senate, dated June 23, 2020, beginning at page S3140. The Senate recesses at 12:29 p.m. until 2:15 p.m. and reassembles with Mrs. Capito presiding. Under Nomination of Cory T. Wilson, Mrs. Hyde-Smith speaks in support of Judge Wilson of Mississippi for the Fifth Circuit Court of Appeals. Ms. Klobuchar makes a unanimous consent request on S. 4033, urging Federal funding to protect voters and poll workers from the coronavirus, saying 16 States postponed primaries or moved to voting by mail and that election officials in Kentucky, New York and Virginia are putting more than $36 million of Federal funding to use. The page ends with a related exchange about holding a hearing.

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“Congressional Record, Senate, June 23, 2020 (S3140) — United States Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-23-crec-2020-06-23-pt1-pgs3140-4-ba0c8dce3f/, SHA-256 e426034c1f97cf1afe72fef3de297b459c5e8058c08a7c7076e830d9a200016a.

Full text

                                             S3140                                             CONGRESSIONAL RECORD — SENATE                                                       June 23, 2020
                                                              RECESS                                 disruptions in the daily lives of Ameri-               they are the most vulnerable to the
                                               The PRESIDING OFFICER. Under                          cans.                                                  coronavirus. This is common sense.
                                             the previous order, the Senate stands                     In order to protect voters and poll                    This is why you see Republican Gov-
                                             in recess until 2:15 p.m.                               workers, this pandemic has forced us to                ernors and Republican secretaries of
                                               Thereupon, the Senate, at 12:29 p.m.,                 make changes to how we vote. Sixteen                   state joining Democratic Governors
                                             recessed until 2:15 p.m. and reassem-                   States postponed their Presidential                    and Democratic secretaries of state all
                                             bled when called to order by the Pre-                   primaries or have transitioned their                   across the Nation to ask for help from
                                             siding Officer (Mrs. CAPITO).                           primaries to almost entirely voting by                 Washington.
                                                                                                     mail. We have seen Democratic and Re-                    Today, in Kentucky, New York, and
                                                              f
                                                                                                     publican Governors across the country                  Virginia, election officials are putting
                                              EXECUTIVE CALENDAR—Continued                           issue waivers allowing all voters to                   more than $36 million of Federal fund-
                                               The PRESIDING OFFICER. The Sen-                       cast their ballots by mail during the                  ing to good use—funding to recruit and
                                             ator from Mississippi.                                  pandemic. This includes States like                    train new poll workers, to provide
                                                     NOMINATION OF CORY T. WILSON
                                                                                                     New Hampshire, with a Republican                       those workers with protective equip-
                                                                                                     Governor, and States like Ohio, where                  ment and sanitizing supplies; funding
                                               Mrs. HYDE-SMITH. Madam Presi-
                                                                                                     they have a Republican Governor who                    to pay for postage for mail-in ballots,
                                             dent, it is an honor to speak on behalf
                                                                                                     is focused on vote by mail, and States                 purchase additional equipment, and
                                             of Judge Cory Wilson of Mississippi and
                                                                                                     like Maryland, where the Governor has                  cover the costs of moving poll loca-
                                             in support of his nomination to the
                                                                                                     been devoted to vote by mail, and                      tions to accommodate more people. I
                                             Fifth Circuit Court of Appeals.
                                                                                                     States like Missouri.                                  am proud of having fought to secure
                                               I have known Judge Wilson for many
                                                                                                       While it is important that individual                that funding.
                                             years. His experience and legal knowl-
                                                                                                     States are taking action to protect                      I appreciate Senator BLUNT, my col-
                                             edge make him an excellent choice to
                                                                                                     voters during this pandemic, we must                   league, who I know is going to be here
                                             serve on the appellate court. Numerous
                                                                                                     remember that, in the end, this is a na-               shortly and is the chair of the Rules
                                             colleagues of Judge Wilson’s from dif-
                                                                                                     tional pandemic. It is not just a pan-                 Committee, for assisting in making
                                             ferent backgrounds and political affili-
                                                                                                     demic in Vermont or in Utah; it is na-                 sure that funding was designated, as
                                             ations have risen in support of his
                                                                                                     tional.                                                well as Senator SHELBY, Senator
                                             nomination and spoken to his personal
                                                                                                       It is the responsibility of this Nation,             LEAHY, Senator COONS, and so many
                                             qualities.
                                                                                                     of this Nation’s government, and of                    others who have worked on this impor-
                                               After his impressive nomination
                                                                                                     this Congress to ensure that States                    tant issue.
                                             hearing and an outpouring of support                                                                             It is a good first step, but let us re-
                                                                                                     have the funds they need to make our
                                             from Mississippians, who know him                                                                              member these are still the primaries in
                                                                                                     elections more resilient and to make
                                             best, there is no question that Judge                                                                          a few States. If you talk to election of-
                                                                                                     sure voters don’t have to risk their
                                             Wilson will be a fair and impartial                                                                            ficials across the country, they will
                                                                                                     health to cast their ballots.
                                             judge who follows the rule of law.                        When we have a national threat or                    tell you that it wasn’t enough and that
                                             Judge Cory Wilson will serve on the                     international conflict, we do not expect               they desperately need more resources
                                             Fifth Circuit with honor, dedication,                   an individual State to be able to re-                  for the general election when so many
                                             and distinction.                                        spond. In World War II, when Pearl                     more people vote. Support from the
                                               I am also pleased a judge from Mis-                   Harbor was bombed, we didn’t say: Oh,                  Federal Government is vital because
                                             sissippi will mark a historic day as the                Hawaii, you go deal with that yourself.                we have seen States struggle when it
                                             200th Federal judge to be confirmed by                    We, in this Congress, have acknowl-                  comes to administering elections dur-
                                             the U.S. Senate during the Trump ad-                    edged that this pandemic has national                  ing the pandemic. We also know it is
                                             ministration. Judge Wilson’s confirma-                  consequences in how we responded with                  not as if they have a reservoir of fund-
                                             tion represents a pivotal point in the                  the CARES Act and how the House has                    ing right now to deal with, which is
                                             President’s work to ensure there are                    responded with the Heroes Act, which I                 one of the reasons we want to pass the
                                             more smart, conservative jurists in the                 hope we will consider very soon in this                Heroes Act.
                                             Federal judiciary. Under the leadership                 Congress, and just the fact that, when                   Many of our State and local govern-
                                             of President Trump and Leader MCCON-                    it comes to voting, this Congress, with                ments are struggling right now. That is
                                             NELL, the Senate has prioritized con-                   bipartisan support—this Senate voted                   why it is so important to designate
                                             firming bright, well-qualified men and                  to give over $400 million originally to                funding as we move forward—and I
                                             women who will serve our country for                    the States.                                            hope we will soon discuss the Heroes
                                             years to come.                                            There were some issues with how                      Act—to be able to help pay for elec-
                                               I am proud to support Judge Cory                      that money was given out that we are                   tions.
                                             Wilson and urge my colleagues to ap-                    trying to fix, but, nevertheless, it was                 Support from the Federal Govern-
                                             prove his nomination.                                   a downpayment on the fact that even                    ment is vital because we have seen
                                               I yield the floor.                                    in the beginning of the pandemic, based                States struggle when it comes to ad-
                                               The PRESIDING OFFICER. The Sen-                       on what we had seen in Wisconsin, we                   ministering elections. With fewer than
                                             ator from Minnesota.                                    anticipated that there were going to be                6 months left before the general elec-
                                                  UNANIMOUS CONSENT REQUEST—S. 4033                  problems for voting and that there was                 tion, Congress must act now to ensure
                                               Ms. KLOBUCHAR. Madam President,                       going to be a massive change in how                    that States have the resources and
                                             I come to the floor today to urge the                   our elections were held.                               funding that they need.
                                             Senate to address the threat the                          You have States like New York State                    A lot of times you hear: Well, it is
                                             coronavirus poses to our elections and                  where only 5 percent of people have                    only 6 months, so why would we do
                                             to take immediate action to pass my                     voted by mail in the past few Federal                  funding now? Look at the fact that we
                                             legislation to ensure voters do not have                elections and States like my own State                 were able to at least assure the States
                                             to choose between their right to vote                   of Minnesota where, despite having the                 that the money was going to be out
                                             and their own health.                                   highest voter turnout in the country,                  there for them a few months ago for
                                               Today is Election Day in Kentucky                     only 25 percent of people on average                   the primaries, and they were able ei-
                                             and in New York and in Virginia. There                  voted by mail. Now you are seeing                      ther to spend their own money because
                                             are runoff elections in North Carolina                  switch overs where 50 percent, 60 per-                 they knew that money was coming or
                                             and in Mississippi, as well. As we                      cent of the people in every single State               to spend designated money. That is
                                             speak, voters in the States are experi-                 in the Nation are asking to vote from                  how this works.




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                                             encing what it is to vote in the middle                 home or, in the alternative, they are                    We are no longer in a normal situa-
                                             of a global pandemic. If the past few                   asking for safe voting places by keep-                 tion. We are in a situation where
                                             months are any indication, for many,                    ing voting places open longer for early                States are having to rearrange how
                                             casting a ballot today will not be safe,                voting, by training poll workers so we                 they do elections all over the country
                                             and it will not be easy. The                            do not depend on our senior citizens to                to make it safe and to allow people to
                                             coronavirus has caused unprecedented                    be staffing the polling locations when                 vote from home. We have seen the



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                                             June 23, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3141
                                             chaos and disenfranchisement that will                  and a number of people have voted                      noted that nearly everyone, in what he
                                             happen if we don’t act soon.                            from home.                                             called his very Republican State of
                                               The Wisconsin primary will forever                      I think we also know, just based on                  Utah, votes by mail, and, in his words,
                                             be etched in the memory of our Nation.                  what we have seen in these other                       it works very, very well.
                                             Voters stood for hours in the cold and                  States—this is just based on facts, not                  Now is the time to reject efforts to
                                             rain, wearing garbage bags and home-                    on partisanship—that 200 polling loca-                 undermine our political system and
                                             made masks, just to be able to exercise                 tions in a State of that size will not be              mostly undermining people’s attempts
                                             their right to vote. In Milwaukee,                      enough in the primary and certainly                    to exercise their fundamental right to
                                             there were just five polling locations                  will not be enough in a general elec-                  vote safely. What are you going to tell
                                             open instead of the usual 180. Almost                   tion. In order to protect the right to                 a veteran who has a preexisting condi-
                                             600,000 people live in Milwaukee, in-                   vote, we have to learn from States that                tion, like the guy who wrote me who
                                             cluding one-third of that State’s Afri-                 are taking steps to make voting safe                   served in Vietnam and said what is he
                                             can-American population. The closure                    and easy.                                              supposed to do now? We have to allow
                                             of so many polling places made it even                    Primary turnout this year has bro-                   them to vote from home.
                                             harder for people without easy access                   ken records in many States, especially                   In the midst of this pandemic, we
                                             to transportation to get to a polling lo-               when it comes to voting by mail.                       need to make sure no voter has to
                                             cation, and it caused unnecessary                       States like Nebraska, Iowa, South Da-                  choose between their health and exer-
                                             crowding, with lines to vote wrapping                   kota, New Mexico, Idaho, West Vir-                     cising their right to vote. That is why
                                             around blocks. As a result, voters were                 ginia, and North Dakota have all held                  I am urging my colleagues to support
                                             disenfranchised, and some even con-                     successful elections this year by rely-                my legislation with Senator RON
                                             tracted the coronavirus. According to                   ing heavily on voting by mail. Again,                  WYDEN, which is cosponsored by 35
                                             local health officials, nearly 70 people                that is in a primary where some of                     other Senators, the Natural Disaster
                                             in Wisconsin who either voted in per-                   these States have fewer voters—not all                 and Emergency Ballot Act, to help
                                             son or served as poll workers con-                      of them—because they are smaller pop-                  State election officials meet this pan-
                                             tracted the virus as a result of that                   ulation States, and many of them are                   demic head-on.
                                             election.                                               not dealing with a general election.                     Our legislation doesn’t require us to
                                               Earlier this month in Georgia, thou-                    In West Virginia, mail-in ballots in-                reinvent how we vote. Instead, our bill
                                             sands of people went to the polls and                   creased from just 25,000 in 2018 to over               would overcome the challenges posed
                                             were also met with long lines and con-                  200,000 this year. In Pennsylvania, the                by the coronavirus by expanding exist-
                                             fusion. Reports from Atlanta indicate                   number of mail-in ballots cast in-                     ing election practices like voting by
                                             voters faced malfunctioning machines,                   creased from 80,000 in 2018 to over 1.5                mail and early voting. It starts with
                                             and some voters never received the                      million this year. Voters and election                 guaranteeing every American the op-
                                             mail-in ballots they requested. Instead                 officials across the country in Red                    tion to vote by mail. Sixteen States re-
                                                                                                     States and Blue States are turning to                  quire voters to provide an excuse if
                                             of being able to safely vote from home,
                                                                                                     casting a ballot from home.                            they want to cast a ballot by mail. But
                                             many were forced to show up in person
                                                                                                       In addition to the five States that al-
                                             on election day. I was particularly                                                                            during the pandemic, 13 of these States
                                                                                                     ready hold their elections mostly by
                                             struck by the words of Anita Heard, an                                                                         are allowing all voters to cast a ballot
                                                                                                     mail, which are Utah, Oregon, Colo-
                                             80-year-old woman from Atlanta who                      rado, Hawaii, and Washington—and I                     by mail without needing to provide an
                                             actually marched with Dr. King. She                     note that those States are not all Blue                excuse—Democratic and Republican
                                             was the first person in line at her poll-               States, including, particularly, Utah,                 Governors and secretaries of states.
                                             ing location at 6 a.m. waiting to vote                  and Colorado, which is known as a Pur-                 That is progress.
                                             this year. Anita called the long lines                                                                           I would say, while we still have three
                                                                                                     ple State—three States, including Cali-
                                             and waits unfair and ridiculous. She is                 fornia, Nevada, New Jersey, and also                   States that are still denying all voters
                                             right.                                                  the District of Columbia have decided                  the option to vote by mail—forcing
                                               In Fulton County, one voter, who is a                 to send all voters absentee ballots for                them to choose between their health
                                             mom, sat on a lawn chair holding her                    elections this year. There are 13 States               and their constitutional right and go
                                             infant son in one hand and umbrella in                  that have decided to send all voters ab-               through these hoops to do it—why not
                                             another. She waited more than 3 hours                   sentee ballot applications.                            put a standard in place on the Federal
                                             to vote. She wasn’t leaving because it                    These decisions weren’t made, as I                   level? That is what our bill does.
                                             was important to her and her son that                   note, on a partisan basis. Both Repub-                   Our legislation would also get help to
                                             one day she would be able to tell him                   lican and Democratic officials in                      the States. Again, my friend, Senator
                                             she waited to vote for him.                             States have decided to implement                       BLUNT, is here, and I appreciate—while
                                               In America, people should not have                    these policies to protect their voters.                he hasn’t put a dollar amount on it, his
                                             to wonder if voting machines will be                      I will also note that none of the five               interest in looking at funding for this
                                             operational or if they are going to be                  States that held their elections pri-                  beyond this bill, I think, is very help-
                                             able to receive their ballot on time to                 marily by mail this year have had                      ful.
                                             make it count.                                          major voter fraud scandals since                         Our bill called for $3.6 billion, which
                                               Jose Andres—the remarkable chef                       transitioning to vote by mail. As the                  is what is in the Heroes Act, of funding
                                             who helps feed people in areas struck                   New York Times editorial board an-                     to safely administer elections. It would
                                             by natural disasters—announced a plan                   nounced, States who use vote by mail                   knock down barriers, this bill, to safely
                                             to provide food, water, and resources to                encountered essentially zero fraud.                    vote, like the requirement to have your
                                             help people standing for hours in line                    Oregon, the pioneer in this area, has                ballot signed by a witness or a notary.
                                             on election day. He is doing his part to                sent out more than 100 million mail-in                 These are requirements that dispropor-
                                             address this issue, as are so many peo-                 ballots since 2000 and has documented                  tionately hurt minority voters—people
                                             ple across this country, including, as I                only about a dozen cases of proven                     without as much money.
                                             mentioned, Democratic and Republican                    fraud. Rounded to the seventh decimal                    There is one story of a person sitting
                                             secretaries of state and Governors.                     point, that is 0.0000001 percent of all                in a hospital room trying to get some-
                                               I appreciate that Senator BLUNT, the                  votes cast.                                            one to notarize a primary ballot
                                             chairman of the Rules Committee, is                       We have all seen the President’s                     through a glass window—someone who
                                             here. As I said, he worked to help us                   tweets on this. We know these tweets                   has coronavirus. Are we really going to
                                             get that initial funding. Experts have                  are meant to hurt our democracy, and                   require them to do that? Are we really
                                             warned that today in Kentucky we may                    people shouldn’t fall for it because I                 going to do that? That is what you




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                                             see a repeat of the chaos that we have                  just gave you the facts: 0.000001 percent              have to ask yourself, colleagues. The
                                             seen in early primaries. Reports indi-                  of all votes cast in the States that have              bottom line is, it shouldn’t be this hard
                                             cate fewer than 200 polling places are                  been using this forever involved any                   to vote.
                                             open in the entire State, down from the                 fraud.                                                   I am proud that this bill has been en-
                                             3,700 in a typical election year. We are                  We must set the record straight. I ap-               dorsed by more than a dozen organiza-
                                             glad that Kentucky has voted by mail                    preciate that Senator ROMNEY recently                  tions, including the group founded by



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                                             S3142                                             CONGRESSIONAL RECORD — SENATE                                                       June 23, 2020
                                             former First Lady Michelle Obama, in-                     The PRESIDING OFFICER. Is there                      have changed their law to allow more
                                             cluding Voto Latino, including the                      an objection?                                          access to absentee ballots in some
                                             Lawyers’ Committee for Civil Rights,                      The Senator from Missouri.                           States—and as a matter of fact, not
                                             the National Urban League, Common                         Mr. BLUNT. Madam President, re-                      even absentee ballots. I got corrected
                                             Cause, the Leadership Conference for                    serving the right to object and with                   by that with one of our election offi-
                                             Civil and Human Rights.                                 great consideration for Senator KLO-                   cials the other day. Really, now we call
                                               As I noted, the CARES Act included                    BUCHAR’s dedication on these issues,                   them mail-in ballots. In Missouri, up
                                             funding. It didn’t include the standards                many of which, as she has pointed out,                 until now, we always called them ab-
                                             that I think are necessary but included                 we have worked together on, and I                      sentee ballots. Though, one of the ab-
                                             the funding. That is just the beginning.                think we will continue to, I just don’t                sentee excuses had always been ‘‘un-
                                             That was a downpayment—negotiating                      think this is the time to make this                    able to get to the polls because of
                                             in the middle of the night. I know that                 kind of fundamental change.                            health.’’ But in the mail-in ballot abil-
                                             because I was talking to my colleagues                    I will admit that at its very first leg-             ity, in our State, to eliminate, for
                                             back then.                                              islation after the 2018 elections, the                 some ballots because of COVID–19 or
                                               This is the real deal, to be able to                  House passed a bill, but, again, it was a              health—eliminate the notary require-
                                             help States in the general election.                    bill that would provide the Federal                    ment, States have done this. They had
                                             This money was included in the Heroes                   Government with unprecedented con-                     a lot of time. They had a lot of notice.
                                             Act. Public health experts have warned                  trol over elections in this country, de-               Most of them dealt with this. More im-
                                             over and over again of the possibility                  spite the fact that for almost 250 years               portantly, if it works, they get the
                                             of a new wave of this virus in the fall.                now, the States have been responsible                  credit. If it doesn’t work, they don’t
                                             We have to be ready. States are having                  for this particular government respon-                 have anybody else to blame. They are
                                             this happen anyway, and we should                       sibility. To quote yet another time,                   working really hard because of that to
                                             make sure that they have the funding                    Senator and then-President Obama, in                   make it work.
                                             to do it.                                               October of 2016, pointed out that the                    The House bill was offered the first
                                               I know we are going to be discussing                  very strength of our system was the di-                time in this body not long after it
                                             the National Defense Authorization
                                                                                                     versity of the system. I think one of                  passed. In March of 2000, I objected,
                                             Act in the next few weeks, at some
                                                                                                     the strengths of the system is the                     again, to the federalization of the elec-
                                             point. I think about that. Our defense
                                                                                                     amount of local responsibility and                     tion process—not the assistance, not
                                             is important, but, remember, this is
                                                                                                     local answerability, frankly, for how                  the help but the federalization of the
                                             about the defense of our democracy.
                                                                                                     the system works on election day.                      process.
                                             The simple idea that this was a democ-
                                                                                                       Senator KLOBUCHAR pointed out that                     In May of 2020, the House passed yet
                                             racy; that it is not a dictatorship; that
                                                                                                     we are fewer than 6 months until the                   another bill. I think that is the bill we
                                             people should be able to go out there
                                                                                                     election. As a matter of fact, in our                  are talking about today or something
                                             and exercise their right to vote no mat-
                                                                                                     committee, I intend to hold a hearing                  like it. This time, it was a bill that
                                             ter how they are going to vote, no mat-
                                                                                                     next month on the problems we have                     Democrats said would assist States
                                             ter what party they are going to vote
                                                                                                     seen develop with this move toward                     with the pandemic. First, we were
                                             for, and this is the moment—and be-
                                                                                                     more people wanting to vote not at the                 going to assist States because of ballot
                                             cause of this pandemic, we need to do
                                                                                                     polling place on election day and how                  security. Now we are going to assist
                                             it.
                                               The last thing I will mention, three                  some States have dealt with those                      States because of the pandemic.
                                             polls released in the last couple of                    problems effectively and how others                      There has been a real desire at the
                                             months show an overwhelming major-                      haven’t.                                               Federal level to take over the election
                                             ity of voters—over 80 percent favor                       I will also say, to follow up on one of              process again. I don’t think that is a
                                             measures to make voting safe and easy.                  Senator KLOBUCHAR’s points, I think                    good idea. If it was a good idea, it
                                             One of the polls conducted in six bat-                  funding is one thing. Helping the                      wouldn’t be a good idea 6 months be-
                                             tleground States showed that 74 per-                    States help themselves is something I                  fore the election.
                                             cent of voters wanted their Senators to                 think we can still do. We have done a                    The provisions in the new bill are
                                             support legislation in Congress to im-                  considerable amount of that up until                   about the same as the provisions in the
                                             plement voting reforms, including a                     now, since the 2016 elections, with a big              old bill. They would provide the Fed-
                                             majority of Republican voters. Think                    commitment in the CARES Act to                         eral Government with unprecedented
                                             about that. Voters across party lines                   make money available for States to                     control over elections in this country.
                                             want Congress to pass legislation that                  regulate their elections and be able to                This bill represents a one-size-fits-all
                                             would guarantee the right to vote by                    afford to do that. I think we can, will,               Federal answer to a problem that I
                                             mail and provide funding to States and                  and should take another look at that,                  think the Federal Government is not
                                             make sure it is safe to vote. That is                   but 6 months before an election is a                   the best place to answer.
                                             what this is about.                                     dangerous time to change responsi-                       The estimated money needs of the
                                               Again, I thank my colleague, Senator                  bility.                                                States are something I am willing to,
                                             BLUNT, for all he has done and the fact                   I think, to be absolutely clear, that                and think we should, continue to talk
                                             that he was able to work with us when                   at any time, this is a responsibility                  about. But funding to accept the new
                                             we did negotiate the CARES Act to                       that is better done at the local level.                situation they find themselves in is dif-
                                             make sure there was some funding in-                    But when you implement a new voting                    ferent than centralizing the process.
                                             cluded, as well as I mentioned Senator                  system with a big first election, that is                Instead of providing States with
                                             SHELBY,     Senator    COONS,    Senator                a problem.                                             flexibility to deal with emergency situ-
                                             LEAHY, and others. Now is the time to                     We saw that in Georgia recently.                     ations, for instance, this bill does just
                                             prepare for what we have ahead; that                    Georgia was complying with the re-                     the opposite. This bill tells States how
                                             is, making sure everyone can vote safe-                 quest that both Senator KLOBUCHAR                      to run virtually every aspect of their
                                             ly.                                                     and I and others had made to get a sys-                election. It takes away authority to
                                               Madam President, as in legislative                    tem in place that has an auditable bal-                the States to determine their own
                                             session, I ask unanimous consent that                   lot trail—an absolutely worthy goal.                   process for voter registration. In fact,
                                             the Rules Committee be discharged                       Georgia followed up, but even then, it                 it requires all States to institute on-
                                             from further consideration of S. 4033,                  might have been better if they could                   line voter registration at a time when
                                             the Natural Disaster and Emergency                      have followed up on an election that                   we are more concerned than we used to
                                             Ballot Act of 2020, and the Senate pro-                 wasn’t quite the same high-profile,                    be about what can happen to elections




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                                             ceed to its immediate consideration. I                  high-turnout election that their first                 online.
                                             further ask that the bill be considered                 experience had.                                          This bill tells States how many days
                                             read a third time and passed and the                      The responsibility for changing the                  of early voting they must have and
                                             motion to reconsider be considered                      system is hard enough in the best of                   where the early voting locations need
                                             made and laid upon the table, with no                   times. I think the States have had lots                to be. It requires that all States accept
                                             intervening action or debate.                           of time. My State and other States                     online absentee ballot requests. You



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                                             June 23, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3143
                                             have online voter registration. Then                    have expanded absentee balloting; they                 priations Committee the funding as we
                                             you have online absentee ballot re-                     have expanded early voting; they have                  go into November. I think that is real-
                                             quests and offers the requirement for                   altered polling place procedures to en-                ly going to be important for all voters,
                                             no-excuse absentee ballots, which I                     sure cleaning and sanitizing; and they                 whether in red, blue, or purple States.
                                             guess, according to my friend, the elec-                have worked to recruit more workers.                   We know that so many people vote by
                                             tion administrator, would be mail bal-                     This bill, in my view, doesn’t ac-                  mail, including the President of the
                                             lots. I am going to get better at ex-                   knowledge the important responsi-                      United States with a ballot from Palm
                                             plaining that phrase. It tells States                   bility and answerability that local and                Beach, FL. We all want to have that
                                             how and when their ballots must be de-                  State officials have on election day.                  ability and make sure people in our
                                             livered. It tells them when they have                   That was a job I had for about 20 years,               States have an ability to either vote by
                                             to be counted. It requires States to per-               part of that as the chief election offi-               mail or vote safely at the polling
                                             mit ballot harvesting.                                  cial in the State. I will just state that              places this fall.
                                               Ballot harvesting is the only thing, I                on election day nothing is more impor-                   Thank you very much.
                                             think in a decade, that a candidate                     tant than voters feeling like their vote                 I yield the floor.
                                             elected to the House of Representatives                 was cast in the right way and counted                    The PRESIDING OFFICER. The Sen-
                                             was not seated because the House—this                   in the right way, and there was nobody                 ator from Wyoming.
                                             House, the current House of Represent-                                                                                           THE JUSTICE ACT
                                                                                                     but me to blame at the county level
                                             atives—decided that ballot harvesting                   and then again at the State level if                     Mr. BARRASSO. Madam President, I
                                             was the reason that person shouldn’t be                 that didn’t happen.                                    come to the floor today on the eve of
                                             seated; that people went around, col-                      So I think my friend Senator KLO-                   what should be a routine vote in the
                                             lected ballots, apparently decided                      BUCHAR’s comments are well-intended                    U.S. Senate. Tomorrow the Senate is
                                             which ballots they were going to mail                   and well-motivated. I just think we                    scheduled to vote on a motion to pro-
                                             in and which ballots they were not                      have a fundamental difference on who                   ceed to the justice reform legislation
                                             going to mail in—if you look at the                     makes these decisions. I would rec-                    that we ought to be considering in the
                                             House determination that this person                    ommend to all of my colleagues that if                 U.S. Senate.
                                                                                                     we ever make these kinds of changes,                     It is important to point out to the
                                             wasn’t lawfully elected. But this bill
                                                                                                     we should make them long before 6                      American people what that means.
                                             actually requires States to allow indi-
                                                                                                     months before a Presidential election.                 This isn’t a vote yet on passage of the
                                             viduals to go and collect ballots and
                                                                                                                                                            bill. It is not a vote to end debate. It is
                                             turn them in, in groups rather than                     If this bill were law, State and local of-
                                                                                                                                                            not a vote to amend the debate. Any
                                             some other way.                                         ficials would not only lose the flexi-
                                               If States want to do that, they can do                                                                       Senator can amend, vote no, or offer
                                                                                                     bility they now have, but they would
                                             that. But apparently, it was not good                                                                          different substitutes for the bill. This
                                                                                                     have a new place to pass the buck.
                                                                                                        This is one of the desks that Harry                 isn’t any of those things. The motion
                                             enough to seat a Member of the House
                                                                                                                                                            to proceed is a simple and rather rou-
                                             of Representatives from my party. It                    Truman used on the Senate floor, and
                                                                                                                                                            tine agreement to begin debate on a
                                             tells States how they must authen-                      he didn’t have a ‘‘pass the buck’’ sym-
                                                                                                                                                            bill. Yet, here we are. It has turned out
                                             ticate their ballots. It prohibits them,                bol yet, but he famously had behind his
                                                                                                                                                            to be anything but routine.
                                             however, from using any form of voter                   desk, as President, a sign that said                     Senators on the other side of the
                                             identification to authenticate who the                  ‘‘The buck stops here.’’ On these issues,              aisle in this very Chamber are threat-
                                             person is. It tells States what kind of                 the buck stops with the person you                     ening to filibuster the motion to pro-
                                             envelopes they have to use to put their                 have chosen locally and statewide to                   ceed—filibuster even allowing us to de-
                                             ballots in.                                             run your elections. I think that con-                  bate a bill of great importance to the
                                               What doesn’t it do? It doesn’t recog-                 tinues to be the best course for us to                 Nation.
                                             nize, again, that for almost 250 years,                 follow.                                                  In terms the American public might
                                             States have successfully run elections                     Madam President, I object.                          better recognize, the Democrats are
                                             in this country. If the returns were in                    The PRESIDING OFFICER (Mrs.                         threatening to filibuster the very
                                             question, the people who were the local                 HYDE-SMITH). Objection is heard.                       issue—the very issue—that they claim
                                             election officials and the State election                  The Senator from Minnesota.                         to care about. If you listen to them on
                                             officials were the people who were                         Ms. KLOBUCHAR. Madam President,                     television, if you see them in the
                                             questioned. There was no ability to say                 I want to thank my colleague for his                   streets, talking to groups, they claim
                                             ‘‘Well, that is out of our hands’’ or                   work and his friendship. We obviously                  to care about it. Welcome to the bi-
                                             ‘‘Well, we don’t really have anything to                don’t agree on every aspect of this. I                 zarre world of partisan politics and
                                             say about that. Some person in Wash-                    did enjoy hearing his desk story. I                    bankrupt leadership on that side of the
                                             ington tells us what we have to do                      didn’t know he had Harry Truman’s                      aisle.
                                             about that.’’                                           desk. When I got to the Senate, I asked                  On the same day that the minority
                                               States have successfully run elec-                    for the desk of Hubert Humphrey, the                   leader will come to the floor to urge
                                             tions during national disasters. States                 ‘‘happy warrior,’’ and about 8 months                  the Senate to pass justice reform legis-
                                             have successfully run elections during                  later, the desk arrived, and they had                  lation, he will also attempt to rally his
                                             pandemics. States have successfully                     accidentally given me the desk of Gor-                 Democratic caucus to block even start-
                                             run elections during wartime.                           don Humphrey, the former Senator                       ing a debate, and they seem to be fol-
                                               On March 3, 2020, on Super Tuesday,                   from New Hampshire, and I had it for                   lowing him, refusing to even debate an
                                             early that morning, a tornado struck                    quite a while. In a new Senate, I one                  issue which is so key in the minds of
                                             three counties in Tennessee. Election                   day opened up the desktop and saw                      the American people. He is telling his
                                             officials were able to use the flexibility              that they had replaced it with the desk                Members to filibuster the bill.
                                             they had as State officials to, No. 1, ad-              of Hubert Humphrey. So I would give                      Madam President, the JUSTICE Act
                                             just the polling location and, No. 2,                   these comments in the spirit of the                    deserves a debate. It deserves a debate
                                             move election equipment and carry out                   ‘‘happy warrior’’; that is, while you and              for the American people to see and to
                                             the primary election successfully and                   I disagree on setting these standards,                 hear and to watch on television. The
                                             without challenge. None of that, in my                  at this moment I think we should; I                    American people deserve that. What
                                             view would have been allowed if this                    think if not now, when?                                they don’t deserve is partisan obstruc-
                                             bill had been in effect.                                   When it comes to things such as not                 tion. What they don’t deserve is a fili-
                                               Similarly, in response to the pan-                    having notaries for getting a ballot and               buster. They need a debate. Amend the
                                             demic, many States, as I suggested                      things like that, I am heartened by the                bill if necessary and then pass it. We




ctelli on DSK30NT082PROD with SENATE
                                             Missouri has, have changed their law                    fact that, No. 1, we have a hearing,                   want to try to stop what happened to
                                             and looked for ways to make this proc-                  which has been asked for—I think it is                 George Floyd—a murder that we all
                                             ess work. They have had a chance to                     really important, and I appreciate                     witnessed—from ever happening again
                                             try—in most cases already in the pri-                   that—on this upcoming election.                        in America.
                                             mary or in some other elections, States                    No. 2, you continue to be open to dis-                The American people know that.
                                             have changed their primary dates; they                  cussing with me and with the Appro-                    They took to the streets, and now they



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