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Voting (Cong. Rec., Jan. 10, 2022)

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Congressional Record, Senate, January 10, 2022 (beginning at page S106). McConnell, under the heading Voting, opposes an attempt to end the filibuster, says the Help America Vote Act passed in 2002 by a vote of 92 to 2, and says the 2020 elections had the highest turnout in 120 years. Durbin answers by recalling the vacancy on the Supreme Court after Justice Antonin Scalia died and by saying use of the filibuster on appropriations bills has led to an omnibus, and he speaks in favor of voting standards. A later section under the heading Ukraine begins with Lithuania in 1991.

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“Voting (Cong. Rec., Jan. 10, 2022).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-01-10-crec-2022-01-10-pt1-pgs106-2-d5b4f208cf/, SHA-256 e04dac07be7a84993804eaff73e458b984ae055e8fd089b10877482cffb5a682.

Full text

                                               S106                                              CONGRESSIONAL RECORD — SENATE                                                  January 10, 2022
                                                 I yield the floor.                                    ram through bigger changes. Now, none                  Well, it is their bills that would over-
                                                   RECOGNITION OF THE MINORITY LEADER                  of this was occasioned by what State                   turn election results, overruling the
                                                 The PRESIDING OFFICER. The Re-                        legislatures did in 2021. This is actually             commonsense voting laws that citizens
                                               publican leader is recognized.                          a yearslong quest for power in search                  across the country pick for their own
                                                                     VOTING                            of a pretext.                                          States.
                                                  Mr. MCCONNELL. Madam President,                        Their hysterical attack on State laws                  A case in point: The Democrats’ lat-
                                               this week on this floor, we are poised                  are fake as well. The State of Georgia                 est bill would force the entire country
                                               to witness something that has never                     passed a voting law providing for more                 to adopt two practices—same-day reg-
                                               happened before in living memory: an                    in-person early voting than New York                   istration and no-excuse absentee vot-
                                               attempt to attack the core identity of                  provides. It allows for no-excuse absen-               ing—that the citizens of New York
                                               the Senate by a sitting majority lead-                  tee voting, which New York prohibits.                  State had as ballot measures last No-
                                               er.                                                     If there was not a voting crisis in Dem-               vember. Deep-blue New York rejected
                                                  The senior Senator from New York                     ocrat-run New York 6 months ago,                       them both. So you have to ask your-
                                               once said nuking the filibuster would                   there is no crisis in Georgia now. If                  self, why are Washington Democrats
                                               ‘‘turn what the Founding Fathers                        Georgia is a banana republic today,                    refusing to accept the decision of New
                                               called the cooling saucer of democracy                  then New York has been and still is a                  York voters? Why are they trying to
                                               into the rubber stamp of dictatorship.’’                banana republic. There is zero logic                   set aside these election results and
                                               He said it would ‘‘make the country                     here, zero consistency.                                overturn the people’s will?
                                               into a banana republic . . . a doomsday                   In the State of Texas, Democrats are                   Our Democratic colleagues also
                                               for democracy,’’ he said. Now, he wants                 hysterical because the State rolled                    talked about a so-called voting rights
                                               to trigger that doomsday himself.                       back some unusual COVID-specific ex-                   bill. This is a bill to turn the partisan
                                                  When I was majority leader, some of                  ceptions to their prior procedures, such               Attorney General into a national elec-
                                               my own party urged me to break the                      as universal drive-through voting and                  tions czar. The Attorney General would
                                               Senate for our own party’s short-term                   24-hour voting. So if the bar for voting               no longer have to sue States to win in
                                               gain. My answer was a simple word:                      rights now requires the possibility of                 court; he could end up doing an end run
                                               ‘‘no.’’                                                 voting in person at 3 a.m., how many                   around the legal system and push
                                                  Less than 4 years ago, the senior Sen-               blue States in America meet that bar?                  States around without having to per-
                                               ator from Illinois said nuking the leg-                 Neither of these things existed in                     suade a judge first. I am sure our
                                               islative filibuster ‘‘would be the end of               Texas before 2020, and neither widely                  Democratic colleagues would have re-
                                               the Senate as it was originally devised                 exists in blue States.                                 acted well if Republicans had tried to
                                               and created going back to our Found-                      Every hysterical claim that our de-                  break Senate rules so that Bill Barr
                                               ing Fathers.’’ Now, he wants the Sen-                   mocracy is in crisis rings hollow. More                could micromanage elections in blue
                                               ate to end on his watch.                                Americans today say that President                     States. I am sure that would have gone
                                                  The last time Senate Democrats were                  Biden’s election was legitimate—now                    swimmingly on their side of the aisle.
                                               in the minority, 32 of them signed a                    listen to this—than said the same                        But, ultimately, the issues at stake
                                               letter demanding the legislative fili-                  thing about the prior President in late                this week run even deeper than this
                                               buster stay in place. Now, many of                      2017. More Americans today say that                    fake hysteria, even deeper than voting
                                               them say they want to break this insti-                 President Biden’s election was legiti-                 laws. Breaking the Senate itself and
                                               tution. The excuses put forward for                     mate than said the same about the                      nuking the filibuster would cause a
                                               this behavior are entirely fake. The                    prior President in late 2017. Yet Demo-                massive political power outage for
                                               supposed justifications are simply                      crats are trying to use their fake                     many millions of American citizens,
                                               false. The Senate Democratic leaders                    hysteria to justify breaking Senate                    for entire States.
                                               are trying to use a big lie to bully and                rules so they can seize control of elec-                 So the filibuster is not just about
                                               berate their own Members into break-                    tions in all 50 States. That is what they              what bills are blocked; it is also the
                                               ing their word, breaking the rules, and                 are up to.                                             sole feature that gives millions of
                                               breaking the Senate.                                      Historically, the Senate has taken up                Americans any voice at all in the legis-
                                                  We are going to spend all week                       elections legislation on a careful, bi-                lation that does pass whenever there is
                                               sounding the alarm on the radical                       partisan basis. We have made sure not                  one-party control. Annual appropria-
                                               takeovers that some Democrats want                      to trample on the rights of voters and                 tions, government funding bills, the
                                               to pull off. They want to silence mil-                  the proper roles of local officials.                   NDAA, rescue packages like the
                                               lions of Americans and take over the                      In 2002, we passed the Help America                  CARES Act—all of them could be done
                                               Senate so they can take over elections                  Vote Act by a vote of 92 to 2—92 to 2.                 on a one-party basis, thereby elimi-
                                               so they can take over America.                          Chris Dodd and I authored that bill. In-               nating the influence of every State in
                                                  Leading Democrats say they want to                   terestingly enough, the only dissenting                America represented by a Member of
                                               break the Senate because of the sin-                    votes came from then-Senator Hillary                   the minority.
                                               ister anti-voting plot that is sweeping                 Clinton and the current Democratic                       For decades, both Senators and citi-
                                               America. Of course, this is totally fake.               leader, CHUCK SCHUMER. Ninety-two to                   zens have been able to take for granted
                                               It does not exist. The current control                  two.                                                   that everybody gets a voice, even when
                                               of Congress and the White House were                      Well, that is how you pass election                  they don’t have divided government. If
                                               decided in 2020 by the highest turnout                  reform if there are actual issues that                 this unique feature of the Senate is
                                               in 120 years. Ninety-four percent of                    need tackling. You do it carefully; you                blown up, millions and millions of
                                               voters said voting was easy. More                       do it thoughtfully; bipartisan com-                    Americans’ voices will cease to be
                                               Americans say current voting laws are                   mittee work; regular order. Our col-                   heard in this Chamber—a radical Sen-
                                               too lax than say they are too restric-                  leagues aren’t doing anything like                     ate takeover, for a radical elections
                                               tive.                                                   that. They are trying to ram through a                 takeover, for a radical takeover of our
                                                  Confronted by the facts, the Demo-                   sweeping, partisan legislation that                    Nation’s future.
                                               cratic leader says they are, of course,                 they first drafted and introduced in its                 What the Democratic leader wants to
                                               irrelevant. He says the entire nuclear                  first iteration back in 2019.                          do would not protect our democracy or
                                               push is occasioned by what a few                          Democrats say they are concerned                     our system of government. It would de-
                                               States did in 2021. This is utter non-                  about efforts to disempower the appro-                 stroy a key feature of American Gov-
                                               sense. The Senator from New York has                    priate local elections officials. Well, it




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              ernment forever, and the Senators on
                                               been publicly laying groundwork to                      is actually their bills that would                     both sides know it.
                                               nuke the Senate rules since back in                     disempower local officials, by Wash-                     The PRESIDING OFFICER. The Sen-
                                               2019, before the 2020 election. More                    ington Democrats appointing them-                      ator from Illinois.
                                               than a year before the 2020 election,                   selves the entire country’s board of                     Mr. DURBIN. Madam President, I lis-
                                               the Democratic leader was openly flirt-                 elections on steroids.                                 tened carefully to the Republican lead-
                                               ing with nuking the Senate rules if he                    Democrats say they are concerned                     er’s statement about the institutions
                                               got the power so he would be able to                    about overturning election results.                    of the Senate, the traditions of the



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                                               January 10, 2022                                  CONGRESSIONAL RECORD — SENATE                                                                 S107
                                               Senate, the rules of the Senate, the                    bated and voted on, and ultimately                     establish standards that will make it
                                               precedents of the Senate, and why we                    that appropriations bill would go into                 easier to vote.
                                               are dutybound to follow them, but I                     conference with the House and end up                     The Senator from Kentucky likes to
                                               couldn’t get this image out of my mind                  doing what it was supposed to do, fund-                come to the floor and say, well, New
                                               as he spoke: the image of that news                     ing our government.                                    York doesn’t have all those good
                                               that came to us one day that Supreme                       I can’t remember the last time that                 things. He may be right. But why
                                               Court Justice Antonin Scalia had trag-                  happened. I think it has been 10 years                 shouldn’t they? As far as I am con-
                                               ically passed away.                                     now since the subcommittees for ap-                    cerned, Illinois, New York, Hawaii, all
                                                 And we all remember what happened                     propriations did their normal business                 States should be governed by standards
                                               next. It was the same Republican lead-                  with the budget resolution and pre-                    and give people an additional oppor-
                                               er who sent the word out to his Repub-                  pared these bills. It is gone. Why? Why                tunity to vote.
                                               lican Members: Don’t even entertain                     is it gone? Wasn’t it the tradition of                   I would rather come down on the side
                                               the possibility that President Obama is                 the Senate that you consider those                     of a larger turnout of the electorate
                                               going to fill this vacancy on the Su-                   bills? It is gone because of abuse of the              and let democracy speak than the al-
                                               preme Court. We are going to keep this                  filibuster.                                            ternative, which is being suggested by
                                               vacancy open in the hopes that we can                      Any amendment that is offered is                    the Republican leader. They want to
                                               elect a Republican President to fill it.                threatened with a 60-vote requirement                  selectively make it difficult for some
                                                 Now, that was 8 months at least,                      and things grind to a halt. And you                    people to come and vote. I don’t. I
                                               maybe 10 months, before the election.                   know the net result of it? We have                     think they are wrong.
                                               And it was the first time in the history                something called an omnibus. All the                     Time and again, the Senate Repub-
                                               of the United States that a Republican                  spending bills are merged into one                     lican leader came to the floor and
                                               leader of the Senate used his power to                  massive piece of legislation. Let the                  called things fake. I guess we are now
                                               browbeat his members not even to                        staff write it. Let the Members look                   into that characterization and can
                                               meet with Merrick Garland, the Presi-                   over their shoulder and see if there is                thank President Trump for leading us
                                               dent’s nominee, President Obama’s                       anything in there of interest, and we                  down that path. What is not fake is
                                               nominee. They wouldn’t even entertain                   pass it year after year after year.                    this. Throughout the history of the
                                               an office meeting with him to discuss                      Is that another fine tradition of the               United States, the opportunity to vote
                                               it. It was out of the question. The Su-                 Senate that we want to protect? I hope                 has been denied, primarily to people of
                                               preme Court was going to have 8 mem-                    not.                                                   color and the poor, year after year, in
                                               bers, period, and not one more because                     Let me say a word about voting, if I                an effort to try to ensure that election
                                               there was an election coming and a Re-                  can. For as long as we have had this                   results turned out a certain way.
                                               publican opportunity in that election.                  Nation, there has always been a basic                    For the longest time, my Democratic
                                               And so that is what happened. You re-                   question as to who will choose the                     Party was guilty of that sin. I readily
                                               member it well, and I do too.                           leaders.                                               confess it because history makes it
                                                 So when I hear about preserving the                      Our Founding Fathers showed a lot                   clear, but now that mantle has been
                                               sanctity of traditions in the Senate, I                 of wisdom, but they missed it when it                  passed to the party of Abraham Lin-
                                               can’t help but remember that vacant                     came to voting—at least by this cen-                   coln, the Republican Party, which is
                                               seat on the Supreme Court for almost a                  tury’s standards because they denied                   now trying to restrict the right to vote
                                               year. I cannot help but remember that                   the vote to African Americans who, by                  across the Nation.
                                               in the last year of Obama’s Presidency                  and large, were slaves in that culture,                  When you heard that in Georgia you
                                               that he was denied the opportunity                      and they denied the vote to women.                     couldn’t provide water or food to peo-
                                               which other Presidents routinely were                   And they said that basically propertied                ple waiting in line, it probably struck
                                               given to fill a vacancy on the Supreme                  individuals were the ones who would                    most Americans as odd. Why would
                                               Court. That was the reality.                            choose the leaders of our country.                     they say that?
                                                 And now there is a question of the fu-                   We have a different view of America’s                 Well, visualize, if you will, the lines
                                               ture of the filibuster, and I will con-                 democracy today, and many of us be-                    of voters, and you will find, if your
                                               cede that the filibuster has been part of               lieve that every eligible person in this               memory is the same as mine, that
                                               the profile in the Senate for a long,                   country should be given an opportunity                 largely they were minority voters who
                                               long time—for many decades. But what                    to vote that is not a hardship.                        were standing in line for hours to
                                               the Senate Republican leader fails to                      So in the 2020 election, we had a                   vote—hours to vote.
                                               note is that the use of the filibuster is               record turnout. There were many of us                    And so the Georgia State Legislature
                                               out of control.                                         who felt we should build on that to                    and others have said, if you give them
                                                 We now have filibusters threatened                    have an even larger turnout in the next                water or food, you have violated the
                                               on everything in sight. It was by de-                   election—let the people speak, let the                 law. Let them stand in line without
                                               sign, not by accident. And it was by de-                people vote.                                           any support.
                                               sign to slow down the business of the                      And in about 20 different State legis-                Really? Is that what it has come
                                               Senate and stop the production of the                   latures controlled by the Republicans,                 down to? The fear that if you give a
                                               Senate, and that is why day after                       exactly the opposite was decided. They                 cup of water to someone waiting in line
                                               weary day this Chamber is empty.                        decided that they would restrict oppor-                to vote, you are buying their vote? I
                                               Nothing is happening because a fili-                    tunities to vote. Too many darn people                 just can’t believe the thinking that
                                               buster is usually looming over the                      voted in that 2020 election, and the re-               leads to that. But we know behind it
                                               body.                                                   sults weren’t what some of the Repub-                  were a lot of situations where machin-
                                                 And for those who want to restore                     lican legislatures and Governors ex-                   ery and voting places were limited to
                                               the Senate to an actual legislative                     pected. So they decided they wanted to                 minority populations.
                                               body with actual debate and amend-                      change it—reduce the opportunity for                                     UKRAINE
                                               ments on the floor, we are being told                   early voting, reduce the opportunities                   Madam President, nearly 32 years
                                               by the Republican leader that we are                    for registration, reduce the oppor-                    ago, Lithuania, a tiny nation on the
                                               somehow denying the basic birthright                    tunity for same-day registration.                      Baltic Sea, dared to reclaim its free-
                                               of the Senate, and we know that is                         They argued that some States have                   dom from the Soviet Union. At that
                                               wrong. We know that the Senate, as                      them and some don’t. Well, the bottom                  time, the Soviet Union was one of the
                                               many of us remember, has changed dra-                   line, as we see it on the Democratic                   world’s superpowers. The reaction from




SSpencer on DSK126QN23PROD with SENATE
                                               matically.                                              side, is if we are going to open oppor-                Moscow took 11 months, and it was
                                                 It was 25 years ago that I came to the                tunity for people across the country                   brutal.
                                               Senate. We voted a lot. We actually                     who are eligible to vote without hard-                   On January 11, 1991, 31 years ago this
                                               had 12 appropriations bills come to the                 ship, then we ought to do it across the                week, Soviet tanks rolled in to crush
                                               floor of the Senate every year—every                    board, and that is why we support leg-                 Lithuanian freedom. It would become
                                               year—under an open process where any                    islation—Federal legislation ordained                  known as Lithuania’s Bloody Sunday.
                                               amendment could be offered and de-                      and envisioned by our Constitution to                  In the capital city of Vilnius, crowds



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