Congressional Record, Senate, January 19, 2022, No. 12
Summary
The opening of the Congressional Record, Senate, Vol. 168, No. 12, for Wednesday, January 19, 2022. The Senate met at 10 a.m. under the President pro tempore, Mr. Leahy, and the Chaplain, Dr. Barry C. Black, offered the prayer. The pending business is the NASA Enhanced Use Leasing Extension Act of 2021, a House message to accompany H.R. 5746, with Mr. Schumer's motion to concur and amendment No. 4903 and related amendments on effective dates. A Senator's remarks recall that white politicians in Georgia and other States devised methods such as poll taxes and onerous registration requirements to circumvent the fifteenth amendment, quoting Chernow.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, Senate, January 19, 2022, No. 12.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-01-19-crec-2022-01-19-pt1-pgs277-6-c56ae23944/
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, WEDNESDAY, JANUARY 19, 2022 No. 12
Senate
(Legislative day of Tuesday, January 18, 2022)
The Senate met at 10 a.m., on expira- LEGISLATIVE SESSION In a startling reversal for an area once
tion of the recess, and was called to dominated by slavery, the elections spawned
order by the President pro tempore black sheriffs, school board members, state
NASA ENHANCED USE LEASING legislators, and congressmen. That yester-
(Mr. LEAHY).
EXTENSION ACT OF 2021 day’s slave laborer was today’s state legis-
f lator horrified many white southerners who
The PRESIDENT pro tempore. Under refused to accept this extraordinary inver-
PRAYER the previous order, the Senate will re- sion of their bygone world.
sume consideration of the House mes- Naturally, the opponents of voting
The Chaplain, Dr. Barry C. Black, of-
sage to accompany H.R. 5746, which the rights had an answer. Chernow con-
fered the following prayer:
clerk will report. tinues:
Let us pray.
The senior assistant legislative clerk
Eternal God, our King eternal, guide [T]o circumvent the fifteenth amendment,
read as follows:
our lawmakers to obey Your precepts, white politicians in Georgia [and other
House message to accompany H.R. 5746, a states] devised new methods of stripping
finding in sacred Scriptures a lamp for bill to amend title 51, United States Code, to
their feet and a light for their journey. blacks of voting rights, including poll taxes,
extend the authority of the National Aero- onerous registration requirements—
Lord, watch over our Senators as nautics and Space Administration to enter
they seek to do Your will. May they into leases of non-excess property of the Ad- Let me repeat that quote.
hide Your words in their hearts, striv- ministration. [O]nerous registration requirements, and
ing always to live with integrity. Give Pending: similar restrictions copied in other states.
them the courage to stand for right Schumer motion to concur in the amend- Many attempts were made by this
and leave the consequences to You. ment of the House to the amendment of the very body to stop these sinister laws,
Break the power of evil so that legisla- Senate to the bill. but the result was ultimately a failure.
tors will leave a legacy that will Schumer motion to concur in the amend- By 1877, ‘‘the black community in the
prompt future generations to praise ment of the House to the amendment of the South steadily lost ground until a rigid
Your Name. Lord, transform discord Senate to the bill, with Schumer amendment
No. 4903 (to the House amendment to the
apartheid separated the races com-
into sympathies of peace. Senate amendment), to add an effective date. pletely, a terrible state of affairs that
We pray in Your merciful Name. Schumer amendment No. 4904 (to amend- would not be fixed until the rise of the
Amen. ment No. 4903), to modify the effective date. civil rights movement after World War
Schumer motion to refer the message of II.’’
f
the House on the bill to the Committee on Today, the U.S. Senate meets in a
PLEDGE OF ALLEGIANCE Rules and Administration, with instructions, different century, facing new and dif-
Schumer amendment No. 4905, to add an ef-
The President pro tempore led the fective date.
ferent dangers but wrestling with the
Pledge of Allegiance, as follows: Schumer amendment No. 4906 (to (the in- same fundamental question: How will
structions) amendment No. 4905), to modify the Members of this body protect and
I pledge allegiance to the Flag of the
United States of America, and to the Repub- the effective date. expand the most basic right of Amer-
lic for which it stands, one nation under God, Schumer amendment No. 4907 (to amend- ican citizens, the wellspring of our de-
indivisible, with liberty and justice for all. ment No. 4906), to modify the effective date. mocracy, the thing that distinguished
RECOGNITION OF THE MAJORITY LEADER America from all of the countries in
f The PRESIDENT pro tempore. The Europe when it was established in,
RESERVATION OF LEADER TIME majority leader, Senator SCHUMER, is first, 1776 and then 1789—the right to
recognized. vote—the most important wellspring of
The PRESIDENT pro tempore. Under H.R. 5746 our democracy, the most important
the previous order, the leadership time feature of our democracy?
Mr. SCHUMER. Mr. President, in the
is reserved.
fall of 1868, recently freed African- How will the Members of this body
f American men participated in Federal expand and protect the most basic
elections for the first time in American right—the right to vote—from forces,
CONCLUSION OF MORNING history. According to Ron Chernow’s right now in the 21st century, con-
BUSINESS biography of Ulysses S. Grant, the im- spiring to take it away?
The PRESIDENT pro tempore. Morn- pacts of expanding the vote were im- That is why, today, the U.S. Senate
ing business is closed. mediate and dramatic. will debate legislation to protect our
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S278 CONGRESSIONAL RECORD — SENATE January 19, 2022
democracy, and the eyes of history— And amazingly enough, my col- floor to defend what is going on in the
the eyes of history—are upon us. leagues—none of them are here to hear States. What we have heard is soph-
The question that is before us today it—our Republican colleagues don’t istry, distractions, and outright
is as old as the Republic itself. The even acknowledge that we have a cri- gaslighting.
story of democracy has been a long sis. Leader MCCONNELL even claimed For months, Senate Republicans
march toward universal suffrage, a that ‘‘States are not engaged in trying have come up with excuses and subter-
holy struggle to take the vision of our to suppress voters whatsoever.’’ fuges to avoid doing the right thing,
Framers and make it real in the Let me read that quote again. This is just like others have come up with
present. from Leader MCCONNELL’s words: similar lame excuses and subterfuges
The march, unfortunately, has often States are not engaging in trying to sup- in the past. But this is the 21st cen-
not been linear. At the time of our press voters whatsoever. tury. We are supposed to have gone be-
Constitution’s ratification, you had to I would ask the Republican leader, if yond that, but unfortunately we have
be, in many States, a White, male, there is no effort to suppress the vote, not. Facts are stubborn, and today’s
Protestant, landowner to vote. How why have 19 States passed 33 new laws debate will help us arrive at the facts
many in this Chamber would have been making it harder for Americans to par- of voter suppression before we vote to
able to participate in those early elec- ticipate in our elections, in the after- take action. As we debate this issue so
tions? math of one of the safest elections in critical to the wellspring of our democ-
Throughout our Nation’s history, American recent history, where there racy, will we all confront a critical
moments of significant progress have is virtually no evidence of any mate- question: Shall Members of this Cham-
often been followed by reactionary rial fraud—none. ber do what is necessary to pass these
backlash. Unfortunately, it seems—led If there is no effort to suppress the bills and move them to the President’s
by one party, compelled by the most vote, why are States from Texas to desk?
dishonest President in our history—we Montana restricting the number and It is my hope that courage awakens
are in another of those dark periods. hours of polling places? Why have within the heart of our Republican col-
That is why, for the first time—the States like Florida and Texas made it leagues before the day is out. But if the
first time—in this Congress, the Senate harder to register—to register—to Senate cannot protect the right to
is debating and will vote on legislation vote? Is that not suppressing the vote? vote, protect the cornerstone of our de-
to confront these threats: the Freedom Why are States like Iowa cutting mocracy under the existing rules, then
to Vote Act and the John Lewis Voting down on the number of days you can the Senate rules must be reformed.
Rights Advancement Act. vote early? Is that not suppressing the Let me say this. We have diverse
For the information of all, debate on vote? views about whether the filibuster
these bills will continue throughout And if there is no effort to suppress today in 21st century America is a good
the day. And as soon as 6:30, if not a the vote, why have States like Georgia thing or a bad thing. And there are
little bit later, we will hold a cloture made it a crime for volunteers to give some in our caucus who believe it helps
vote to conclude debate and proceed to food and water to voters standing in bring—a few who believe it helps
final passage on these measures. line at the polls? bring—us together. I don’t see evidence
I want to thank my colleagues who Leader MCCONNELL, once again: of that at all, and I think the majority
spoke yesterday in favor of these bills. of my colleagues will agree with that.
States are not engaging in trying to sup-
There were so many eloquent and press voters whatsoever. But even for those who feel that the fil-
strong speeches. At our caucus, I have ibuster is a good thing and helps bring
rarely seen such passion about the need Just as Donald Trump has his Big us together, I would ask this question:
to vote and the need to change the Lie, Leader MCCONNELL now has his: Isn’t the protection of voting rights,
rules to allow these vital bills—so fixed States are not engaging in trying to sup- the most fundamental wellspring of
press voters whatsoever.
upon the wellspring of our democracy, this democracy, more important? Isn’t
voting—to pass. The same types of lies that have mo- protecting voting rights and pre-
If the Republicans block cloture on tivated—the same type of Big Lie that venting their diminution more impor-
the legislation before us, I will put for- Donald Trump put forward has now tant than a rule in the Senate, which
ward a proposal to change the Senate motivated Leader MCCONNELL and has not always been in existence and
rules to allow for a talking filibuster many other Republicans to embrace was not envisioned by the Founders?
on this legislation, as recommended by that Big Lie and spout others that That is the question we should ask our-
a number of our colleagues who have come from the same poisonous tree. selves.
been working on this reform for a very And what is even more galling, know- Our proposal for a talking filibuster
long time. ing our history, that the laws that I on these pieces of legislation would be
Make no mistake, win, lose, or draw, spoke of a minute ago don’t target ev- the first step toward passing voting
Members of this Chamber were elected eryone. This is not an effort aimed at rights, restoring this body, and break-
to debate and to vote, particularly on everyone. They are aimed particularly ing the gridlock that we now face on
such an important issue as this. And at people of color, at poor people, at this vital issue.
win, lose, or draw, we are going to young people, at disabled people, at el- In this body, proponents of our demo-
vote—we are going to vote—especially derly people, at people who live in cit- cratic rights, again and again, have
when the issue relates to the beating ies. Given the long history, particu- brought legislation to the floor only to
heart of our democracy, as voting larly against African Americans, Black be met by a filibuster. Opponents of
rights does. Americans, of suppressing the vote in fair, open elections filibustered anti-
For months, Senate Republicans every kind of way possible, this is par- poll tax legislation in 1942, 1944, 1946.
have resisted virtually every attempt ticularly disgraceful, particularly ab- They filibustered the civil rights bill of
at holding a bipartisan debate on vot- horrent, particularly obnoxious. 1960. They filibustered legislation on
ing rights legislation. Senate Demo- We all know the game here today, ex- literacy tests in 1962—all this before
crats have certainly tried to bring emplified by every seat being empty real substantive progress was made.
them onto the table. when we are having our first debate Our struggle today is not new, but we
Senate Democrats have certainly about voting rights, not because Re- must nevertheless meet it with re-
been willing to compromise to get publicans agreed to go along but be- newed conviction. Senate Democrats
something done. My colleagues Sen- cause we were able to use a message are under no illusion that we face an
ators MANCHIN and KAINE and TESTER from the House to go forward without uphill fight, especially when virtually
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and KING and DURBIN and KLOBUCHAR their OK. every Republican has remained
and LEAHY—and many more—have all So we all know the game here. To staunchly against every attempt to
met with Republicans to initiate a dia- date, I don’t know if any of you have, pass voting rights legislation. Again, I
logue, dating back to last August, if but I have not heard a single serious would remind the American people and
not earlier. At virtually every turn, we defense of these laws from Senate Re- every one of my colleagues that this is
have been met with resistance. publicans. They don’t come here to the a different Republican Party controlled
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S279
by Donald Trump. Ronald Reagan, tant problem. When polls ask people over of our whole political system. It
George H. W. Bush, and George W. Bush what new Federal election laws they was never even intended to attract bi-
all supported renewal of the Voting want, the most popular response is partisan support. This partisan Frank-
Rights Act—every one of them—and it ‘‘none of the above.’’ enstein bill that the House Democrats
received large bipartisan majorities in Actually, more Americans believe slapped together was intended to do
the Senate. current voting laws are too lax than one thing, just one thing only: Give the
It is a different Republican Party, believe they are too restrictive. Let Senate Democratic leader a pretext—a
not just on so many issues that we de- that sink in. You could have taken in pretext—to break the Senate.
bate but on this issue, the wellspring of hundreds of hours of leftwing rhetoric Later today, this Chamber will host a
our democracy. So we know it is an up- and media coverage over the past year sad spectacle that has not been seen
hill fight. But whenever this Chamber and had no inkling of this basic fact. before in living memory. A sitting ma-
confronts a question this important, Significantly more Americans believe jority leader will attempt a direct as-
one so vital to our country, you don’t current voting laws are too loose and sault on the core identity of the Sen-
slide it off the table and say, ‘‘Never insecure than believe are too restric- ate. Our colleague from New York will
mind.’’ You don’t say, ‘‘We are not tive. try to kill the character of the institu-
going to deal with this issue head-on.’’ Professional liberals have spent 3 tion he is supposed to protect and to
The Senators’ job is to vote and to straight years talking down our democ- serve.
vote on the most important issues fac- racy, except a short period after they Now, the Democratic leader once said
ing us, and vote we will, and we are liked an election result and ques- that breaking the rules to kill the fili-
going to keep pushing. We are going to tioning elections was, at least briefly, buster would turn the Senate into a
keep working. We are going to keep off limits. But the American people are ‘‘rubberstamp of dictatorship,’’ make
fighting long after today because the not buying that. Democrats have spent America a ‘‘banana republic’’ and trig-
issue is so important to all of us. years stoking fear and panic over vot- ger ‘‘a doomsday for democracy.’’
I believe firmly in my bones, Mr. ing laws and the American people sim- Several years ago, with no connec-
President, that if we follow Dr. King’s ply do not buy it. But while Wash- tion to this particular issue, he began
advice to just ‘‘keep moving,’’ history ington Democrats’ fake panic has talking about shredding minority pro-
shows that doing the right thing will failed to persuade the country, it could tections if—if—he ever got power.
eventually prevail. Justice will flow still deal permanent damage. And now he wants to press that
like the mighty waters, as the Prophet Today, the Senate will need to pre- doomsday button.
Amos has said. vent this factional frenzy from dam- The legislative filibuster is a central
But the work of justice does not stir aging our democracy, damaging the Senate tradition. It is the indispen-
into action on its own. It is up to us, Senate, and damaging our Republic for- sable feature of our institution. It
Members of this body and Americans ever. makes the Senate serve its founding
all across the country, to do our part First, our democracy. Professional purpose—forging compromise, cooling
to make justice come alive today and liberals’ fake hysteria over State vot- passions, and ensuring that new laws
assure that our country does not back- ing laws is literally collapsing before earn broad support from a cross section
slide here in the 21st century. our eyes. Even normally friendly media of our country.
So I urge my colleagues, for the sake outlets are asking Democrats why a The Senate is not supposed to be a
of our beautiful, wonderful democracy, law like Georgia’s is supposed to be duplicate House of Representatives
for the sake of what the Founding Fa- outrageous when it is objectively more with fewer Members and fancier desks.
thers called this ‘‘noble experiment,’’ open than rules in blue States like This body is not supposed to amplify
take a stand and do everything, every- Delaware and New York. President huge swings in Federal law with every
thing, everything you can to protect Biden’s false statement about one election. It exists to slow those swings
voting rights today—today—in this State law earned him—listen to this— and to bring stability.
Chamber. ‘‘four Pinocchios’’ in the Washington The legislative filibuster is the only
RECOGNITION OF THE MINORITY LEADER Post. That is not easy to get. There is reason the Senate provides what James
The PRESIDENT pro tempore. The no factual standard by which any State Madison called a ‘‘complicated check’’
Republican leader is recognized. in America is creating a civil rights on ‘‘improper acts of legislation.’’ It
H.R. 5746 crisis, not compared to their own embodies Thomas Jefferson’s principle
Mr. MCCONNELL. Mr. President, the prepandemic baselines, not comparing that ‘‘great innovations should not be
Democratic Party has had control of across with other States. forced on slender majorities.’’
Washington for exactly 364 days. To- What is more, Democrats’ own paper Killing the legislative filibuster—any
morrow will mark exactly 1 year since trails refute the notion that this is way it happened—would hugely damage
President Biden was inaugurated on about new State laws from 2021. Three the Senate, but doing so by nuking the
the West Front and promised to years ago, in 2019, Leader SCHUMER was rules would destroy the Senate. As I
‘‘unit[e] our people,’’ ‘‘lower the tem- already giving interviews about sup- have explained at some length, this is
perature,’’ and brin[g] America to- posed voter suppression. The same con- true on the most practical level. A Sen-
gether.’’ But today, the President and spiracy theories were being pushed ate in nuclear winter would not be a
his party will try to use fear and panic back then. The same ominous hospitable place for either side.
to smash the Senate, silence millions buzzwords were in vogue. And 3 years As then-Senator Obama explained a
of Americans, and seize control of our ago, in 2019, Democrats had already in- decade and a half ago, ‘‘If the majority
democracy. troduced their first version of the legis- chooses to end the filibuster, if they
Now, there is no shortage of real cri- lation they will be pushing today. choose to change the rules and put an
ses Democrats might consider tackling: This party-line push has never been end to democratic debate, then the
the worst inflation in 40 years, the about securing citizens’ rights. It is fighting and the bitterness and the
seemingly endless pandemic, soaring about expanding politicians’ power. gridlock will only get worse.’’
homicides, the border crisis, and Rus- That is why their bill tries to weaken Please note that, even in the Demo-
sia flirting with war in Europe. voter ID laws that are popular with cratic leader’s manufactured case, even
But the administration and this Sen- Americans of all races. That is why when he presumably wanted the most
ate majority are focused on none of their bill is stuffed with strange poli- persuasive theater he could possibly
that. Instead, they have been consumed cies that have zero relationship to bal- muster, the Senate will have only
by a fake panic over election laws that lot access, new powers for bureaucrats spent about a day and a half on this
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seem to exist only in their own imagi- to police citizens’ speech online, new bill before he tries to ram it through.
nations. schemes where the Federal Govern- Since when does the Senate pass any
So let’s put a few basic facts on the ment would directly fund political significant bill in a day and a half,
table. Fewer than one-half of 1 percent campaigns. much less a gigantic elections over-
of American adults believe that elec- This is not some modest bill about haul? Our colleague is not trying to
tion law is our country’s most impor- ballot access. It is a sprawling take- conclude an unending discussion that
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S280 CONGRESSIONAL RECORD — SENATE January 19, 2022
he cannot stop; he is trying to short fidence in our people, and who will vote security. They released their assess-
circuit a debate that he cannot win. from anger, fear, and fake panic? Who ment 10 days after the 2020 election,
This is just the kind of shortsighted will vote to protect checks and bal- and they did so to counter a dangerous
power grab this body was actually built ances, and who will try to purchase and unprecedented avalanche of misin-
to stop. power at any price? Who has the cour- formation—including from an enraged
The case that most of our Demo- age to protect every single American and defeated President—claiming false-
cratic colleagues are making this week voice in this Chamber, no matter their ly the election had been stolen.
boils down to a claim that everything home State, no matter their politics, These nonpartisan election security
is somehow broken. The Senate is bro- and who will vote to silence millions of experts were not alone in rejecting
ken because they can’t get everything citizens for the sin of voting for the Donald Trump’s Big Lie. President
they want. Our democracy is broken wrong team? The American people de- Trump and his loyalists filed more
because Democrats sometimes lose serve to know, and from this day for- than 60 lawsuits in State and Federal
elections. Entire States are broken be- ward, they will. courts, repeating their false claims of
cause voters vote the wrong way, and The PRESIDENT pro tempore. The voter fraud and stolen votes. They of-
so their voices in this Chamber should Senator from Illinois. fered no evidence to back their
be totally silenced. Millions of Amer- Mr. DURBIN. Mr. President, I would claims—only bizarre conspiracy theo-
ican voters should be denied any say say to the Republican leader while he ries and far-right internet gossip. Their
whatsoever in this Chamber. Really? is still on the floor, would you enter- lawsuits were overwhelmingly dis-
Really? Our Democratic colleagues tain a question? missed, some by judges whom Presi-
claiming our entire Republic is bro- Mr. MCCONNELL. Excuse me. No. dent Trump himself had nominated.
ken? That is what their anger and pes- H.R. 5746 The former President exerted extraor-
simism boils down to. Mr. DURBIN. I am sorry that he did dinary pressure on the Department of
They say that we are hopelessly di- not stay for a question because I would Justice—we found that in the Senate
vided; that governing institutions that have asked the basic question phrased Judiciary Committee and through
have served us for centuries need to be by Senator SCHUMER: Does he really be- other sources—and he failed.
smashed and steamrolled; that we are lieve that there is no evidence of voter When he couldn’t bully the courts or
fated to keep escalating brute-force suppression in the actions of 19 States the Justice Department to do his bid-
battles with no end in sight. This is ex- across our Nation? I think the facts ding, he summoned his mob. We all
actly the kind of toxic world view that speak for themselves. know personally about the death and
this President pledged to disavow, but For those who are witnessing this, destruction the Big Lie brought to this
it is exactly what has consumed his this is a rare moment in the history of building on January 6, a year ago. We
party on his watch. You can literally this Chamber. In the recent history, it lived through it. The Capitol survived
hear it in their voices. is rare because we are here; half of the it. The entire world recoiled at the
In the last few days, our President seats are occupied in the U.S. Senate. sight of Americans, goaded by the
and his top allies have been reduced to That is a rare occurrence because it is former President, attacking the heart
shouting angrily at reporters and at rare that we come together to debate, of our democracy.
the American people. They are so cer- to amend, or to even exercise the au- The Big Lie is corroding Americans’
tain they know best. How dare the thority given to us as U.S. Senators. faith in our elections. In a recent poll,
rules, how dare the facts, the Repub- It is also a rare moment in history two-thirds of Republicans—two-thirds
licans, and millions of voters all ob- because we again are being called on, of Republicans—surveyed agreed with
struct their unique wisdom? as others have before us, to speak to the false claim that ‘‘voter fraud
Well, the good news is that the fear is the fundamentals of freedom and de- helped Joe Biden win the 2020 elec-
false. The rage is misplaced. And mocracy and to go on record by the end tion’’—two-thirds of Republicans. That
today, factional fevers will not carry of this day, when night falls, as to poll also found that 64 percent of Amer-
the day. where we stand in the sweep of history. icans believe that U.S. democracy is
The Senate is not broken. We have Approximately 155 million Americans ‘‘in crisis and at risk of failing.’’
passed major, bipartisan bills this year, voted in the 2020 election—highest Senator MCCONNELL dismisses this
and we have stopped partisan bills that voter-turnout percentage since the 1900 conversation, but the American people
lack support; exactly—exactly—the election. A record number voted early know it is deadly serious.
mixture the Framers imagined and or cast mail-in ballots—options that In another poll, only one in three Re-
Senators on both sides praised— were expanded in red and blue States in publicans said that they trust that the
praised—until the last few months. Our response to a deadly pandemic. That 2024 elections will be fair regardless of
democracy is not broken either. Citi- was before we had vaccines, and COVID who wins—only one in three Repub-
zens across America have ample oppor- was killing an average of 1,200 Ameri- licans.
tunity to vote and say so to anybody cans a day. Yet they voted. Tens of Donald Trump would rather destroy
who will listen to them. Our Republic millions of Americans stood in line, American democracy than admit he
is not broken. Even with all the crises some for hours, to cast their ballots. lost the election, and sadly, it seems
that Democrats’ policies have created, That is how important the American that many Republican lawmakers
we remain fellow citizens who are people thought it was to vote in 2020. would rather repeat his lies than face
blessed to live in the greatest country People risked their lives to cast their his wrath.
on Earth. ballots. It is hard to believe that fact Republican lawmakers of many
Today, it appears that a narrow, bi- could be measured against statements States are using the Big Lie as a pre-
partisan majority of Senators will vote made by the Republican leader just a text to pass new laws aimed at under-
to save the Senate. With hope, with few moments ago that people don’t mining both Americans’ right to vote
confidence, we will stand up and say care about the right to vote. They care and the integrity of our elections.
that our institutions are worth pro- enough to risk their lives, and they did Sadly, Republicans in the Senate are
tecting; that rules matter; that no in the 2020 election. aiding and abetting this attack. Three
American deserves to have his or her Despite the crush of voters and the times last year, the Republicans used
voice in this Chamber silenced. Ah, but confusion of the pandemic, the 2020 the filibuster—the weapon of choice in
a partisan minority will do the oppo- election was judged ‘‘the most secure the Jim Crow era—to block this Senate
site. They will try to smash and grab in American history.’’ That is not my from even debating voting rights.
as much short-term power as they can opinion; that is the official statement Each morning, we stand and pledge
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carry. issued by the Department of Homeland allegiance to that flag and what it rep-
For both groups of Senators, this Security’s Cybersecurity and Infra- resents, but I don’t believe any Senator
vote will echo for generations. Before structure Security Agency under the stands to pledge allegiance to the fili-
we part ways tonight, all 100 of us will Trump administration, an Agency buster.
have marked our legacies in permanent which coordinates the Nation’s top cy- The filibuster is a rules creation in
ink. Who will vote with hope and con- bersecurity and voting infrastructure the Senate which really has stopped
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S281
many important pieces of legislation sioners—made of up five Republicans the authority to make election laws.
from being considered. It was really and one Democrat—police powers to in- The 14th and 15th Amendments give
the major reason in the 1960s that the vestigate complaints about violation of Congress the responsibility to protect
Voting Rights Act and other civil the State’s election laws despite no voting ‘‘by appropriate legislation.’’
rights legislation took so long. I know evidence—none—of widespread voter The Voting Rights Act was reauthor-
personally five times I have brought to fraud in the State. It empowers the ized and strengthened five times, al-
the floor the Dream Act to give young board to upend the State’s traditional ways with a strong, bipartisan major-
people in this country a chance for a county-based election administration. ity. The last time it was reauthorized
path to citizenship, and five times on A new law in Arizona specifies that was 2006, 7 years before Shelby County.
the floor of the Senate, it has been Democratic secretary of state, Katie That decision of the Supreme Court, we
stopped by that same filibuster. Hobbs, can no longer represent the know, gutted the law’s protections.
We have heard lofty rhetoric from State in lawsuits defending the elec- The Senate voted unanimously, Demo-
the Republican leader about what the tion code. That power now lies with the crats and Republicans, to reauthorize
filibuster means in the Senate. It has attorney general, who happens to be and strengthen the law. Sixteen cur-
been used perhaps in constructive Republican—but only through January rent Republican Members of the Senate
ways, but it has certainly been used 2, 2023, when Katie Hobbs’ term in of- voted yes. It wasn’t a Federal takeover
time and again for a destructive pur- fice ends. of elections then, it isn’t now, and they
pose. Even more chilling, Republican law- know it.
In the year since January 6, Repub- makers in a number of States have in- I am the person chosen by Senate
lican legislatures in nearly 20 States troduced or passed new laws criminal- Democrats to count votes, and based
have enacted laws making it harder for izing aspects of election administra- on their public statements, two Demo-
Americans to vote and, in some cases, tion. crats may not vote to change the rules
easier for partisan actors to poten- In Wisconsin, the election adminis- to allow this Congress to stop this
tially meddle and interfere with elec- trators could face criminal penalties power grab by Republican State law-
tions. for correcting mistakes on a voter’s makers. These Senators have given
In total, more than 440 bills with vot- mail-in ballot. Voting rights experts their reasons. But there is something
ing restrictions have been introduced fear that such laws could leave non- more important than an existing Sen-
in 49 States, and Senator MCCONNELL partisan election administrators and ate rule—a rule that has been changed
can’t see one example of voter suppres- workers forever looking over their 160 times in the history of this body.
sion. shoulders or cause them to quit or be The integrity of our free elections, the
Let me give you some examples so replaced by those who are less experi- right to have your vote counted, and
you know what we are speaking of. enced and more partisan. our oath to uphold and defend the Con-
We have heard this from Senators So why is this happening? As I men- stitution I believe count for more.
WARNOCK and OSSOFF about the State tioned earlier, the 2020 election had in- On January 6, after the insurrection
of Georgia, a new law making it a credible turnout. According to the Cen- was quelled, we returned to the Senate
crime to give a voter waiting in line to sus Bureau, 67 percent of all eligible to complete our constitutional duty of
vote a snack or a drink of water—a Americans reported voting, and the certifying the election and declaring
crime to give a drink of water to some- majority clearly voted for President Joe Biden President.
one waiting in line. Joe Biden. So now Republican law- Speaking to the few Members of his
As Senator BOOKER reminded us yes- makers are using the Big Lie to pass party who still intended to challenge
terday, these long lines many times are partisan election laws in order to re- the electoral count on the feeble
populated by members of minority pop- duce voter turnout and control out- grounds that some of their constitu-
ulations. What a coincidence that they comes of the elections this year and in ents had doubts about the election, the
are the ones with too few voting ma- 2024. Their target? Democratic voters. junior Senator from Utah, Senator
chines or polling places and have to And their goal? Sow the seeds of doubt ROMNEY, said: ‘‘The best way you can
wait many times for hours to exercise in our democracy and the credibility of show respect for the voters who are
their franchise. future elections. upset about this is to tell them the
In Texas, as a result of a new law Republicans refuse to join us in pro- truth.’’
known as S.B. 1, local election officials tecting voting rights. Why? Because Then something happened on the
all over the State are reporting they the agenda they are following was set floor of the Senate which rarely occurs:
are being forced to reject hundreds of by Donald Trump, and dissenters pay a Senators on both sides of the aisle rose
absentee ballot requests for the State’s price. If you don’t endorse—if you en- to their feet and gave Senator ROMNEY
upcoming March primary. dorse, rather, the Big Lie, he will en- a standing ovation. Do you remember
In Denton County, Texas officials dorse you; if you don’t, he will unleash it? I do.
have had to reject over 40 percent of his fury. It is time to remember that courage.
absentee ballot requests. In Travis These attacks on voting rights are It is time to tell the voters the truth.
County, nearly a third of mail ballot shaking the pillars of our democracy, Stop repeating the Big Lie that is tear-
applications have been rejected. Mak- the credibility of our elections, and the ing this country apart. It is time for
ing matters worse, this new law makes peaceful transfer of power. the Senate to pass the Voting Rights
it a felony in Texas for an election offi- The vast majority of our Republican Act and the Freedom to Vote Act. To
cial in Texas to send an unsolicited colleagues are all singing from the restore the power of the Voting Rights
mail ballot application to a voter. same hymnal. They say there is no new Act is to restore the promise of Amer-
In Florida, Republican Governor wave of voter suppression and election ica.
DeSantis last week proposed creating a nullification laws. They are wrong. I would like to close by reminding us
police unit that would be empowered to They claim that our proposals to re- that, earlier this week, we marked
arrest voters and others who allegedly store the Voting Rights Act and set Martin Luther King, Jr., Day. I saw
violate the State’s election laws. This minimum Federal standards for elec- many tweets from Members of this
is straight out of the Jim Crow play- tions amount to an ‘‘unprecedented Chamber celebrating his legacy.
book. takeover of State elections and a par- One Republican leader tweeted:
In addition, Republican lawmakers in tisan power grab.’’ They are wrong. ‘‘Nearly 60 years since the March on
at least 10 States have diminished sec- Each of us in our desks has this com- Washington, Dr. Martin Luther King,
retaries of states’ authorities over elec- mon document that guides us, I hope, Jr.’s message echoes as powerfully as it
tions or shifted aspects of the adminis- in all of our actions on the Senate did that day. His legacy inspires us to
ctelli on DSK11ZRN23PROD with SENATE
tration to partisan bodies, including floor. Despite statements to the con- celebrate and keep building upon the
State legislators themselves or elec- trary, we know that this document is remarkable progress our great nation
tion boards dominated by the Repub- explicit in what we are setting out to has made toward becoming a more per-
lican Party. do today. fect union.’’
A new law in Arkansas now grants The elections clause of the Constitu- Well, I certainly have good news for
the State Board of Election Commis- tion, article I, section 4, gives Congress that Republican leader who sent that
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S282 CONGRESSIONAL RECORD — SENATE January 19, 2022
tweet. He has an opportunity today to This is what the author of Federalist South Dakota. People support it, not
keep building on that remarkable 62 notes: just in South Dakota but across the
progress. [A] senate, as a second branch of the legis- country. And after passing in 2003, the
Instead of building on Dr. King’s lative assembly, distinct from, and dividing 2004 election had the largest turnout in
work, we have watched Republicans power with, a first, must be in all cases a sal- modern history, at least for the years
and State legislatures across the coun- utary check on the government. It doubles for which we have that kind of infor-
try choose to tear down that remark- the security to the people, by requiring the mation available, as 78.6 percent of
able progress and make it harder to concurrence of two distinct bodies in
schemes of usurpation or perfidy. . . .
people voted in the 2004 election after—
vote and make it harder to even ac- Secondly. The necessity of a senate is not after—2003, when the South Dakota
knowledge and teach the brutal history less indicated by the propensity of all single legislature passed a photo ID law.
of the civil rights movement and the and numerous assemblies to yield to the im- Now, I think there are some ideas out
systemic inequities that still exist. pulse of sudden and violent passions, and to there that are pretty bad, and I am not
So here are the questions for Mem- be seduced by factious leaders into intem- one who is here to dispute the 2020 elec-
bers in this Chamber today: Are we perate and pernicious resolutions. tion. The 2020 election is over. It has
going to live up today—this day, To go on, the author of Federalist 62: been decided. It was the largest turn-
Wednesday—to the values we claimed [A] continual change even of good meas- out since 1900. It was the largest turn-
on Monday, Martin Luther King Day? ures is inconsistent with every rule of pru- out in 120 years, which is why you all
Are we going to be inspired to actually dence and every prospect of success. are arguing that these States are going
listen to the message of Dr. King and In the first place, it forfeits the respect
in and changing things to prevent high
why he risked his life to deliver it? Are and confidence of other nations, and all the
advantages connected with national char- turnout. Well, in most of the States
you going to keep building upon the that I have seen—at least that I can
acter.
legacy and progress that he fought to The internal effects of a mutable policy tell—the legislation that I have looked
achieve? are still more calamitous. It poisons the at that have been passed and enacted
For all of us on both sides of the aisle blessing of liberty itself. It will be of little are things that in most cases people
who quoted Dr. King on Monday, I im- avail to the people, that the laws are made would say: Well, yeah, that is probably
plore you to listen to what he said in by men of their own choice, if the laws be so within the purview of the State legisla-
an interview in 1963 when asked about voluminous that they cannot be read, or so
ture.
President Kennedy’s civil rights bill. incoherent that they cannot be understood;
if they be repealed or revised before they are
The State of Georgia, for example, in
He said: ‘‘I think the tragedy is that we terms of days in which you can early
have a Congress with a Senate that has promulgated, or undergo such incessant
changes that no man, who knows what the vote, actually has more early voting—
a minority of misguided senators who more early voting, more permissive
law is to-day, can guess what it will be to-
will use the filibuster to keep a major- morrow. Law is defined to be a rule of ac- early voting—than the State of New
ity of people from even voting. They tion; but how can that be a rule, which is lit- York or the State of Delaware, the
won’t let the majority of senators vote. tle known, and less fixed? President’s home State. There is no-ex-
And certainly they wouldn’t want the Ladies and gentlemen, our Founders cuse absentee voting. We have that in
majority of people to vote, because created this institution to be separate South Dakota. We have a long period
they know they do not represent the and distinct from the House of Rep- for absentee voting or early voting in
majority of the American people. In resentatives for a reason. And what South Dakota, much longer than what
fact, they represent, in their own you are talking about doing today is we are talking about here. In a red
states, a very small minority.’’ turning the U.S. Senate into a
Let’s listen to Dr. King. Let’s stop State, the State legislature decided
majoritarian body no different—no dif- that, thought it made sense. But no-ex-
using the filibuster to kill legislation
ferent—from the House of Representa- cuse absentee voting is something that
to protect Americans’ fundamental
tives except with longer terms and, we do in South Dakota, something that
right to participate in our democracy.
I yield the floor. some people would argue, bigger egos. is allowed for in Georgia but is not in
The PRESIDING OFFICER (Mr. That is what we are talking about the State of New York or the State of
LUJÁN). The Senator from South Da- doing. They won’t need us. Yes, we Delaware, because the States decide it,
kota. have longer terms; they are staggered. as it should be.
Mr. THUNE. Mr. President, later But the essence of the Senate is a About standing in line and giving
today, we expect the Democrat leader check and balance on the passions of people things while they are standing
to force a vote on undermining the fili- the other body, and there is a reason in line to vote, the State of South Da-
buster in hopes of forcing through a why the Founders created it. kota has a law against that, too. It is
Federal election takeover to give his Now, I represent a red State, South called electioneering. It is called elec-
party an advantage in future elections. Dakota. I am not a racist, nor are the tioneering. Now, there isn’t anything
Make no mistake about it, that is what people whom I know in the State of that I understand of Georgia law that
we are talking about—federalizing South Dakota. Our State legislature, doesn’t prevent an election worker
elections in this country; usurping, like most States’ legislatures, pretty from going out and giving somebody a
preempting States, where elections much every year comes up with ideas. glass of water or something to eat.
have been administered and regulated Some of them—a few of them—not There isn’t anything that says that 150
since the inception of this country. most, but a few get enacted into law. A feet away—which is 50 yards—50 yards
The method—the method—that you lot of them end up on the cutting room away, you can’t feed people lunch. All
are talking about using to do it will floor, which is where most legislative it says is, when somebody is standing
literally undermine and blow up every- ideas end up. And there are some crazy in line, that political operatives
thing the Senate was supposed to be. ones. shouldn’t be electioneering, going out
Now, you can say that the filibuster I would argue we have some crazy and handing things out to induce peo-
is used to prevent or block things from ones coming out of here. There are ple to vote a certain way.
happening, and that may be true. You some pretty crazy bills that get intro- Ladies and gentlemen, don’t blow up
have done it. We have done it. Used a duced around here, most of which, the U.S. Senate and everything that
60-vote threshold last week to stop a gladly, never make it into law. the Founders intended the Senate to be
bipartisan Russia sanctions bill from But in South Dakota, our legislature about over an issue that, for all intents
passing in the U.S. Senate. Both sides meets every year, like most legisla- and purposes—and you can say it is
have done it. But the filibuster is rep- tures, introduces a bunch of bills, acts not—but it is federalizing our elec-
resentative and symbolic of something on them, conducts hearings, and moves tions. It is taking power away from
ctelli on DSK11ZRN23PROD with SENATE
much larger, and that is, the very es- them through the legislative process. States to make the laws that govern
sence of what the Senate is about. Some become enacted and signed into our elections.
I want to read for you from the Fed- law; most don’t. One of the bills that And thank God in 2020 the States did
eralist Papers because there has been a did get signed into law was a bill that things the right way. The States cer-
lot of quoting of the Founding Fathers created a photo ID to vote. It was tified on time, in accordance with the
over here today. passed in 2003. It has worked well in law, the 2020 election. And if we hadn’t
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S283
had that, if we had sucked all that A lot of you have statements pub- here and hug an archaic tradition and
power up here to Washington, DC, and licly, clearly out there, defending the then simply stop votes, stop debates;
centralized our elections, what do you filibuster: Doing away with it would be hug that tradition tight and then
think would have happened? doomsday for democracy; turn America throw the voters under the desk and go
I mean, I think there is a reason why into a banana republic. home and raise money; because, basi-
we have a decentralized system, and I Don’t do it. I am just saying, don’t do cally, that is what this tradition has
think it makes sense for a country as it. There has got to be somebody over turned into.
big as ours, particularly at a time there who gets this. I mean, we had the I believe what our Founding Fathers
when we are worrying about other pressure to do this. You know that. wanted when it became clear that this
countries hacking our elections. It is a Thirty-four times, our President in the country was forming, they wanted to
lot harder to hack 50 States than it is last administration—34 times—tweeted have a Senate that worked. And when
one computer system here in Wash- publicly, demanded that Republicans you go back and look, there is no men-
ington, DC. But that is what we are get rid of the filibuster, and we resisted tion about filibuster in the Constitu-
talking about, and you can’t sugar coat it. And I have had people in the media tion. There is no mention of 60 votes.
it. You can disguise it and you can say ask me. And I have heard that your There is no mention of cloture. Rules
it is Jim Crow 2.0 and all that, but it is side is saying, too: Well, the Demo- developed over time. And believe it or
federalizing elections in this country crats, you know, if we don’t do it now, not, to my friend from South Dakota,
and taking power directly away from Republicans will do it. those rules changed with the times. In
the States. No, we are not going to do it—not if the words of Senator Byrd, someone
I lost my first Senate election back you don’t. If you do, then sure, then all who believed in the traditions of this
in 2002. I was ahead on Wednesday bets are off. And then the Senate be- place, the rules change with the cir-
morning. Tuesday night and Wednes- comes the House of Representatives cumstances. And in the words of our
day came and went. On Wednesday and policy changes every 2 years or 4 Constitution, which the Senator from
morning, I was sitting in my living years, depending on who is in power. South Dakota failed to mention, ‘‘The
room in Sioux Falls, SD, watching the There is no stability. There is no pre- Times, Places and Manner of . . . Elec-
television, and I watched my 3,300 vote dictability. There is no moderation, tions’’—well, this is what it says: ‘‘Con-
lead become a 524 vote deficit, like that and there is no incentive for this body gress may at any time by Law make or
because one precinct came in from one to work together across the aisle. That alter such Regulations.’’
of the Reservation counties in South changes permanently. That is what it says. It was very,
Dakota, and they voted 94 percent—93 I hope that doesn’t happen because I very clear, at the beginning of this
percent—against me, and I lost that don’t think that is what we should be country, that it was anticipated that
election. And I had all these people, all about—certainly not what we should be the Congress would have a role in these
of these smart political minds around about. But that is where this is headed elections. Why? Because they are Fed-
the country and in South Dakota, say: if—if—if you move forward, if you eral elections.
You have to contest it. There are irreg- change the rules, overthrow the rules And now before us—before us—is the
ularities. You know there are irreg- to do this. freedom to vote, something that has
ularities. Mr. President, we are better than been a long and hard fought battle in
I thought about it, and we did a little this. Our country is better than this. our country’s history. And today we
bit of looking into it, but, a day later, Our Founders created a system that continue that march toward justice in
I decided to say the election was over. was designed to provide that modera- the Senate because we face a coordi-
I lost that first election. And you know tion, provide that continuity, to pro- nated and relentless campaign to limit
what, that is what happens. Sometimes vide that stability, to provide that pre- Americans’ constitutional right to
we win; sometimes we lose. dictability in a way that what is being vote.
What you all are trying to do here is talked about today would completely As President Biden said last week—I
create a system, it seems to me, at destroy and undermine, not only in the was honored to be there with him and
least, where you give your side a per- near term but permanently—because Vice President HARRIS in Atlanta. As
manent advantage. And I don’t—I you can’t do this once. You can’t turn he said, ‘‘This is the test of our time.’’
mean, that is your prerogative. If you this off. You can’t put the genie back There are moments in the life of our
want to do this, that is fine in terms of in the bottle. Once you do this, it is a Nation, like when a bomb blew up the
having the issue and talking about it. new state of play in the U.S. Senate, 16th Street Baptist Church in Bir-
But the one thing I just fundamentally and that is a whole new world, not just mingham and four little girls were
disagree with is how you are proposing for us but for the people we represent, murdered; like when John Lewis and so
to do it—to literally do away with ev- for our Nation and for the world. many others were bloodied as they
erything the Senate was designed and I hope and pray that there are crossed that bridge in Selma—there are
created to be by our Founders and has enough wise Democrats on your side moments in time when things stand
served a purpose very, very well, and that will join with all of us to resist still.
you all did it the last session of Con- the pressure that you are feeling, like And make no mistake, our country is
gress. You filibustered numerous we did when our President came to us at one of those moments right now. It
coronavirus bills. You filibustered po- and said you have to do this. We aren’t is no coincidence that after more
lice reform. You filibustered pro-life going to do it because we understand Americans voted than in the history of
legislation, and then go down the list. what it means, and you should too. this country in the 2020 election, that
And like I said, you used the 60-vote Mr. President, I yield the floor. suddenly there was a slew—a flood—of
threshold last week to keep a Russia The PRESIDING OFFICER. The Sen- State election laws meant to suppress
sanctions bill—a bipartisan Russia ator from Minnesota. the votes of Americans.
sanctions bill, I might add—from pass- Ms. KLOBUCHAR. Mr. President, I It is not, as the minority leader just
ing the Senate. am here on this momentous day for our described, a fake panic. A fake panic?
And you can go on and look at all the country, and I would like to address Let’s see what is fake about this. What
statements you have all made through some of the remarks from my friend is fake about this law that passed in
the years, and I am not going to repeat and neighbor from the State of South Georgia, where, suddenly, when 70,000
them, because you heard them over and Dakota. I hope he will stay for my re- people registered to vote during the
over again. But I think it is important marks. runoff period—I would say to the mi-
to remember one thing, and that is, What is the Senate about? That is nority leader if he were here, when
ctelli on DSK11ZRN23PROD with SENATE
when you make statements like that, what Senator THUNE was just address- 70,000 people registered to vote during
they do have a shelf life. And some of ing. What is the Senate about? We the runoff period—they changed that
that shelf life is pretty short, because come here to represent the people of law. They reduced the time of the run-
it was just a few years ago, in some our States, and we come here to make off period. They make it so no one can
cases 3, 4 years ago; in some cases, 1 decisions and to vote. I don’t think register during that time. In Montana,
year ago, 2 years ago. anyone in our States wants us to come 8,000 people availed themselves of
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S284 CONGRESSIONAL RECORD — SENATE January 19, 2022
same-day registration in the last elec- ing around, my friends, with the very no longer have enough volunteers to
tion by either changing their address counting of the votes, with proposals work their polls.
because they moved or registering for made in Wisconsin, with proposals A Republican Philadelphia city com-
the first time. What did they do? That made in other States. missioner who did want to see legisla-
is it. That is not going to happen, even One Montana woman, living on the tion passed, Al Schmidt, told us about
though it has been in place for 15 years, Blackfeet Indian Reservation, had open the threats—he is no longer in his job—
long before the pandemic. heart surgery a week before the 2020 he received as a result of his work of
That is not fake. There is nothing election and relied on a Tribal assist- simply counting the ballots. He told
about that that is fake. ance provider to return her ballot, but us—I see the Senator from Pennsyl-
And when I think about the moment under another new law, the assistance vania here—that his family’s names,
in time we are in now, I look back to she received is now banned. These are his kids’ names have been put out on
that moment when Senator BLUNT and real, and these are real people. the internet as well as his address, a
I and Vice President Pence—the last It is voters who were made to stand picture of his house, and a message,
ones remaining in this Chamber, with in the rain, in homemade masks and saying: Tell the truth or your three
two young women holding the mahog- garbage bags, at the beginning of the kids will be fatally shot.
any box with the last of the electoral pandemic, just to exercise their right Arizona Secretary of State Katie
ballots through W, Wyoming. At 3:30 in to vote. It is veterans standing in hot Hobbs told us she received a message: I
the morning, as we took that long walk lines in the Sun in Georgia. It is a am a hunter, and I think you should be
over to the House of Representatives— voter in a wheelchair in Texas being hunted.
that walk that had been so joyful just forced to travel 3 hours and take 4 These are not just 1-point examples.
that morning. That glass, broken on buses roundtrip to reach a ballot drop- Over 9,000 Members of Congress have
the sides of that wall, that was not off box. It is a voter in Arizona being received threats—double, triple. This is
fake. The statues covered in spray told that she didn’t receive her mail-in according to the Capitol Police, in
paint, that was not fake. That was ballot for the State’s primary because numbers that we have never seen be-
real—just as real as the fact that over she had been marked as an inactive fore.
440 bills, since that fateful day, have voter even though she had just cast her So, no, I say to the minority leader.
been introduced to restrict voting, and ballot in the Presidential primary. This is not fake. This is not one big
30 of these bills have been signed into It is five States—Indiana, Louisiana, fake. It calls for Federal action. Yes, I
law in 19 States. What is happening in Mississippi, Tennessee, and Texas—still am disappointed that four times our
States like Florida, Georgia, and telling over 30 million—30 million— colleagues have voted down allowing us
Texas, with their omnibus bills, that is Americans, registered voters, that they to go forward with the Freedom to
very real. cannot request a mail-in ballot during Vote Act or the John Lewis bill, which
The voters—they know it is real. a pandemic without an approved ex- are now combined into one. With the
Last summer, when we took the Rules cuse. That is why it is on us, with the exception of Senator MURKOWSKI, who
Committee on a field hearing—joined support of the Constitution, to take ac- did allow for the debate to continue on
by Senator OSSOFF, who is a member of tion. As I noted at the beginning of my one of the bills, the John Lewis bill, no
the committee, and Senator Reverend remarks, it was, in fact, anticipated in one stood up and joined us in allowing
WARNOCK, who has taken on this torch the Constitution with that clause that for a debate on these bills—no one. So
in his State and across the country—we empowers Congress to make or alter that is why we are here.
met a veteran, living in central Geor- rules for Federal elections. I say to Senator THUNE: The reason
gia. He told us how he took his older What does the Freedom to Vote: we are looking to restore the rules of
neighbors to vote early, but they had John R. Lewis Act do? the Senate is that there is no other
to give up and go home after seeing the It sets basic Federal standards to en- way to move forward to guarantee
line wrapped around the block, and sure that Americans can participate in Americans the right to vote. In the
when he later went back to vote, he the franchise. It guarantees at least 2 past, this was bipartisan. In 2006, the
had to wait, himself, for 3 hours in the weeks of early voting, like voters now Voting Rights Act was reauthorized
hot Sun. have in two-thirds of States, including under President George W. Bush by a
That is not fake, I say to the minor- red States. It provides for same-day vote of 98 to 0—98 to 0—but that is,
ity leader. That is real. registration, like they had for 15 years sadly, not where we are today.
This guy is a veteran. He served in in Montana. It allows all voters to re- When it comes to the rules of the
the Air Force during Operation Desert quest a mail-in ballot, without an ex- Senate—and I am not going to belabor
Storm. When I asked him if he had to cuse, and ensures voters do not need to this, as I see my friend Senator
wait in line when he signed up to serve, provide witness signatures or MERKLEY of Oregon, who is a historical
he said no. But when he came home notarizations of notary publics, whom expert on all of this—I will say this:
and wanted to vote in an election in they would have to hire, on mail-in There are 160 exceptions—160 excep-
the United States of America, he had ballots because, if you are in South tions—to the filibuster rule. Things
to wait in the hot Sun hour after hour, Carolina right now and you want to have been changed to benefit my col-
after hour. cast a mail-in ballot and you have leagues on the other side of the aisle.
When the minority leader said that COVID or you are in a hospital, you Somehow, it only took 51 votes to put
no American deserved to have his voice have to have a witness sign off on that in place the Trump tax cuts or the
silenced, as he just said in this Cham- ballot. It also makes your voters have Bush tax cuts. Somehow, it only took
ber—those long lines, one ballot box in access to drop boxes. 51 votes to put Amy Coney Barrett on
the middle of Harris County, TX, with The Freedom to Vote: John R. Lewis the Supreme Court of the United
over 5 million people, which would be Act would also include much needed States—a change by them, made by
like putting one ballot box in the mid- protections against those seeking to them. Somehow, it only takes 51 votes
dle of my entire State—then what are undermine our elections. Senator to try to overturn a regulation or to
those laws about? Silencing people. BLUNT and I held a bipartisan hearing try to mess around with the Affordable
That is what it is about. this last year, and we found out that Care Act.
When we were in Atlanta, we also nearly one in three local elections offi- But then, when it comes to some-
heard from Helen Butler, a former elec- cials feels unsafe because of the job, thing like voting rights, suddenly, ev-
tions official for a rural county, who and nearly one in six has received eryone on the other side of the aisle is
told us how she was ousted by the Re- threats of violence. hugging that filibuster tight, knowing
ctelli on DSK11ZRN23PROD with SENATE
publicans in the State legislature after The Republican Kentucky secretary that, in so many times in history, in-
over a decade of service, which the new of state said that, if something doesn’t cluding most recently with the debt
law makes even easier to do by strip- happen, they are not going to have ceiling, changes have been made to
ping power away from local officials enough people to work at elections. allow a vote with less than 60 votes:
and, ultimately, putting it in the hands Now, he didn’t agree with what we were the National Gas Policy Act in 1977; in
of the State legislature. They are mess- going to do, but he did note that they 1995, the Endangered Species Act; in
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S285
1996, a change to the reconciliation ensure that the former President could country to rewrite history, remove
process—160 times. stay in power at any cost. election officials, and rewrite State
And, as Representative CLYBURN My home State of Michigan was at laws to limit voter participation.
pointed out so well, there have been the very center of this battle in 2020 One of the bills that were introduced
times in our history when that most when our State Board of Canvassers in the Michigan Legislature would lock
sacrosanct of rights has been extended met to certify the undeniable fact that up—would lock up—absentee drop
or defended—the right to vote—on a bi- Joe Biden and KAMALA HARRIS had won boxes before election day. One Repub-
partisan basis, like with the 15th the State of Michigan and its 16 elec- lican city clerk called this idea crazy
Amendment. But we know, as he said, toral votes, but we came dangerously and said it makes no sense whatsoever.
that that was a single-party vote that close to the kind of anti-democratic I agree. Another bill would restrict the
gave Black people the right to vote, and authoritarian behavior that the ability of State election officials to
and that fact does not make the 15th United States has long decried in other send out absentee ballot applications
Amendment any less legitimate. nations. to voters. In fact, Michigan Repub-
During the past week, so many in It basically came down to one vote— licans filed 39 bills in the State legisla-
this Chamber celebrated the life of just one vote—from one Republican ture to restrict voting rights.
Martin Luther King, but let us not for- member of the Board of Canvassers— Nothing less than the very future of
get what he stood for. He did not stand one canvasser who dared to withstand our democracy is at stake, and we
for the filibuster. He didn’t like it. As the intense political pressure for him must act or risk losing what so many
Reverend WARNOCK has pointed out so to ignore the will of the people and to Americans have fought for and have
many times, he stood for action and not certify those election results, one died for for nearly 250 years. The right
fairness and freedom. canvasser who chose to ignore blatant to vote, the right to self-governance,
Last week, I met with Martin Luther lies and disinformation. His one vote the right of the American people to
King III and his wife and daughter, who was all that stood between a secure, choose and fire public officials is our
came to Washington to help us pass free, and fair election and a constitu- Nation’s fundamental freedom. We can
this legislation. They told me that tional crisis. This one Republican protect that right and ensure every
their daughter was born in 2008, the board member knew his decision to fol- American has equal access to the bal-
year that President Obama was elect- low the law would cost him the posi- lot box, and we can do it by simply
ed. They told me how the Supreme tion on that board. He knew that his passing two bills that are before us.
Court’s Shelby County decision was physical safety would be threatened, The Freedom to Vote Act will pro-
issued 5 years later, followed by Geor- and it was. Yet he stood his ground. He tect the rights of voters by facilitating
gia’s anti-voting law, enacted just last fulfilled his constitutional duty and registration, early voting, and vote-by-
year. How sad is it that, if we do not followed the will of the people of the mail. It will set a standard to ensure
act, their daughter—the granddaughter State of Michigan by voting to certify that every citizen in every State has
of Dr. Martin Luther King, Jr.—and her those results. guaranteed rights. The John Lewis
classmates will face more obstacles in So what was his reward for his coura- Voting Rights Advancement Act takes
voting, in casting a ballot, than the geous vote? Well, the Republicans re- additional steps to address the prac-
promise that they were born with? This moved him from the board, sending a tices that have historically been used
cannot be the democracy that our chil- very clear message and a threat to all to discriminate against voters simply
dren inherit. of those who will follow him. based on their race.
Dr. King once said—and I will para- Despite failing to coerce enough offi- Despite some of the Republican argu-
phrase—that disappointment is finite. I cials to ignore the law and falsify elec- ments that I have already heard today,
don’t know how today is going to end, tion results and despite losing one the Constitution is very clear. We have
but if it ends without this bill’s pass- bogus challenge after another in the heard that from article I of the Con-
ing, we will be much less of a country Federal courts, we all know that the stitution, and many times, Congress
moving forward. Yet I will keep this in former President didn’t stop his efforts has continued to strengthen the voting
mind, what he said: Disappointment is there—no. Instead, he rallied his sup- rights of individuals.
finite, but hope is infinite. porters and incited them to attack the The 15th Amendment clearly states
The people of this country will not U.S. Capitol Building—the very citadel that the right of citizens cannot be
tolerate, as the minority leader has of our democracy—to disrupt Congress abridged by a State and clearly states
said, the silencing of their voices. as we conducted the ceremonial certifi- that ‘‘Congress shall have the power to
Truly, I think, by voting this down, by cation of the results. But thanks to the enforce this article by appropriate leg-
not allowing us to even debate this to brave actions of law enforcement offi- islation.’’ That is just what Congress
get to the conclusion of a vote, that cers, the National Guard, and so many has done in passing the Voting Rights
this is silencing the people of Amer- others, our democracy withstood these Act of 1965, the Help America Vote Act,
ica—all in the name of an archaic Sen- unprecedented attacks on our constitu- and the National Voter Registration
ate rule that isn’t even in the Constitu- tional Republic. Act. Congress has done this in the past.
tion. That is just wrong. This attack shook the very founda- We need to do it again.
I yield the floor. tion of our democracy. It exposed The American people overwhelm-
The PRESIDING OFFICER. The Sen- cracks that show that it is more fragile ingly support these commonsense
ator from Michigan. than we ever thought was possible. measures, and they deserve to know
Mr. PETERS. Mr. President, just 14 Despite all of this, I believe that we where we stand. For that reason, after
months ago, our Nation stood on the need to celebrate the fact that the 2020 every Senator has had a chance to
brink of a constitutional crisis as the Presidential election was secure, ac- speak, the debate must come to an end,
former President and his followers at- cording to the Department of Home- and we must have an up-or-down vote
tempted to disrupt the peaceful trans- land Security and the FBI. We should on these bills.
fer of power and overturn the results of celebrate that we had record turnout I believe history will not be kind to
a free and fair election. even in a once-in-a-lifetime pandemic. the colleagues of mine who stand in the
Instead of accepting the will of the We should commend the election work- way of democracy.
voters in upholding the foundations of ers who made this incredible feat pos- Make no mistake about it, we are at
our constitutional Republic, President sible. Instead, too many people, includ- a pivotal moment in our Nation’s his-
Trump and his followers engaged in a ing too many of my Republican col- tory. Our democratic Republic and our
campaign of blatant disinformation leagues, have continued to sow doubt most treasured values are in danger. If
ctelli on DSK11ZRN23PROD with SENATE
and political interference. They at- in the integrity of our election process, we fail to act, we may lose it.
tempted to coerce State and local elec- and these actions threaten the very I proudly stand on the side of democ-
tion officials to make false claims of bedrock of our democracy. racy, and I urge my colleagues to stand
widespread fraud and then use those Instead of condemning falsehoods and with me in passing the Freedom to
claims to not certify election results violence, there is a concerted effort un- Vote Act and the John Lewis Voting
and reject the will of the people—all to derway in Michigan and all across our Rights Advancement Act.
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S286 CONGRESSIONAL RECORD — SENATE January 19, 2022
I yield the floor. never cease to be amazed at how far pack it with partisan Justices. They
The PRESIDENT pro tempore. The our colleagues are willing to go to en- could even add new States—Puerto
Senator from Texas. hance their own political power purely Rico, Washington, DC—and add to
Mr. CORNYN. Mr. President, families along partisan lines. As a matter of their majority in the Senate while
in Texas and across the country are fact, they have done a complete about- doing so.
being pummeled by the highest infla- face. There would be no limit, no con-
tion in 40 years. For everything from Less than 5 years ago, the majority straint, not even a speed bump on what
gasoline to groceries, to clothing, to leader said we should ‘‘build a firewall our Democratic colleagues could do if
utility bills, basic expenses have sky- around the legislative filibuster.’’ He they created so-called carve-outs for
rocketed. has now laid the groundwork and will every bill they dub ‘‘must-pass legisla-
Groceries just don’t cost more, they call the vote to end it. The Democratic tion.’’ The entirety of the radical left’s
are also harder to find. Empty shelves leader has tried to frame this radical wish list could become law without
have become a sign of the times as sup- move as a way to promote debate, but having to gain a single Republican
ply chain problems, staffing shortages, make no mistake, our colleagues aren’t vote.
and severe weather have created a per- trying to blow up the Senate to force Of course, there is one big caveat
fect storm. Republicans to explain our opposition here: Our Democratic colleagues can
On top of that, families are trying to to the election takeover bill. In fact, only do that if they retain the major-
stay safe and healthy in the midst of a we have done that endlessly. We don’t ity. As our colleagues know, power is
surge in COVID–19 cases. There is an need this drama in order to explain our fleeting, and at some point, the shoe
urgent need for testing and masks, position. I, for one, have spent hours on will always be on the other foot. The
both of which are increasingly hard to the Senate floor explaining the dangers sign on Senator SCHUMER’s door may
come by. of this partisan legislation, as have say ‘‘majority leader’’ today, but that
With so many urgent needs facing many of my other colleagues. won’t last forever. In a year, Repub-
families in Texas and elsewhere, what The only conclusion I can reach is licans could hold the majority in both
does the Democratic leadership have that our Democratic colleagues are the Senate and the House. Three years
teed up for the Senate this week? A trying to blow up the Senate in order from today, we could have a Repub-
partisan bill to take over the Nation’s to clear a path for purely partisan leg- lican President-elect. I would like to
elections. Democrats apparently want islation, to take a body that was actu- ask my colleagues, what happens then?
people to forget about the fact that ally created to promote bipartisan con- When Republicans control the Senate,
they can’t keep their refrigerators or sensus building and make it possible the House, and the White House, as
pantries stocked or that their kids are with purely Democrat votes to work Democrats do now, how would our col-
out of school again because of the pan- their will in a body that represents leagues feel about the new rule book
demic and can’t study in person or that some 330 million Americans. What a that they have created? Will they
it costs a small fortune to fill up your bad idea that would be, to promote stand by their decision to silence the
gas tank. Apparently, they are trying purely partisan legislation and dis- minority and ignore the millions of the
to convince the American people that suade or take away the incentives that people those Senators represent? Not a
there is somehow a coordinated assault encourage us to do what doesn’t come chance. If the filibuster is eliminated,
on the right to vote and their partisan naturally, and that is to actually work it doesn’t just pave the way to our
legislation is the only savior. together and build consensus. Democratic colleagues’ agenda; it
According to our colleagues, the evi- Our colleagues apparently don’t real- clears the path for the majority’s agen-
dence of this attack can be found in a ize how shortsighted this move actu- da, whichever party that may be.
number of State laws passed this last ally is. In the Senate, the door actually Now, liberal activists may like the
year, even though many of the reforms swings both ways. One day, you are in idea of nuking the filibuster today, but
in those laws make voting easier than a majority. The next day, you are they will soon find themselves ruing
in a number of blue States. The Geor- using every tool at your disposal to the day their party broke the Senate.
gia law, for example, extends the early have a say in the process while rep- The next Republican-controlled Senate
voting period to 17 days, giving voters resenting your constituents. could make the 2017 tax cuts perma-
more time than what is offered in the No matter how much frustration and nent and ensure that blue-State mil-
President’s home State of Delaware, heartache the filibuster creates for the lionaires are required to pay their fair
which, until this year, did not allow majority party, the shoe is always ca- share of Federal taxes.
any in-person early voting. pable of being on the other foot. Those We could make sure that there would
When that argument fails, though, of us who have been here a while have be investments in border security and
our colleagues say the need for this been in the majority and in the minor- immigration enforcement and craft re-
legislation stems from the attack on ity and understand the frustration that forms to reduce the immigration court
the Capitol on January 6, even though a majority feels when they can’t get backlog. We could withhold Federal
their bill was written long before a what they want while complying with funding from sanctuary cities and
mob descended on this building. In the Senate rules and the consensus- prioritize the deportation of violent
fact, the first version of the For the building requirement of the 60-vote clo- criminals.
People Act was introduced in 2019, ture vote requirement. We could implement a 20-week ban on
more than 3 years ago. But if our colleagues succeed in blow- abortions and ensure that any baby
The so-called voting rights crisis is ing up the filibuster, there is no ques- who survives an abortion receives life-
nothing more than manufactured tion that it will be easier for them to saving care. We could expand school
hysteria to justify our colleagues’ long- turn their progressive wish list into choice to give students and parents
standing attempts to take over Amer- the law of the land. more options when it comes to a qual-
ica’s elections. You can’t just carve out one piece of ity education. We could protect our
Just to put a timeframe around the legislation. Once we head down that constituents’ Second Amendment
concerns, this is what 94 percent of re- slippery slope, the legislative filibuster rights and establish concealed carry
spondents to a Pew poll, a nonpartisan is gone. reciprocity throughout the Nation.
poll, said about the 2020 elections. Taking over America’s elections may We could pass right-to-work laws, ex-
Ninety-four percent said it was easy or be the first item on their agenda, but it pand natural gas production, and make
very easy to cast their ballot. Yet the won’t be the last. They could pass the even more investments in our national
legislation that is going to be consid- Green New Deal 2.0, impose sweeping security.
ctelli on DSK11ZRN23PROD with SENATE
ered today has its origins in a 2019 bill gun control laws, legalize abortion In short, a future Republican-con-
called the For the People Act, which from the time of conception until the trolled Senate would be able to accom-
obviously predates this poll from the time of natural delivery, and force plish a lot, all thanks to a precedent
Pew corporation. every individual in the country into a that our Democratic colleagues seek to
While I have no doubt the Senate will one-size-fits-all healthcare plan. They establish today. And while I would love
reject this legislation once again, I could expand the Supreme Court and to see many of these bills that I just
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S287
mentioned become law, I oppose any ef- Supreme Court during the last Presi- The Harry Byrd, Jr. School of Busi-
fort to eliminate or weaken the legisla- dent’s term of office. ness at the Shenandoah University in
tive filibuster, just as we did when we Later today, all 100 Senators will go Winchester, their hometown, had that
were in the majority working with a on the record. Each Member will vote name stripped off the building a few
Republican President during the pre- on whether to silence 50 Senators and years ago.
ceding 4 years. the tens of millions of people that And I stand to follow the Senator
There is no scenario in which par- those of us in the majority represent. who holds LBJ’s seat—the Senator
tisan wins are more important than All of my Republican colleagues sup- from the Byrd seat—to today argue
long-term stability for our laws and port the filibuster, even when we have that the time has come for us to pro-
our public policy. It is not just the received a lot of pressure—like the tect voting rights.
American people who would experience Senator from Arizona and the Senator I am just happy to be on the floor
whiplash under this game of ping-pong. from West Virginia have had—from talking about a bill. I mean, for gosh
Imagine the chaos our economy would people in their own political party, in- sake, we have been able to talk about
endure if laws were simply changed cluding the President of the United voting rights in the morning hour. Mr.
every couple of years because a new States, because we have stood in favor Leader, I have been here since January
majority comes into place. of that requirement because of the sta- of 2013. This is the first time since then
Without some degree of predict- bilizing force that it provides and, that we have been able to get a bill on
ability, how could businesses, small again, forcing us to do something that the floor to talk about voting rights.
and large alike, make investments that doesn’t necessarily come natural, and And I am going to admit something
would pay off in the future and create that is to work together and build bi- to you guys that will not surprise you
more jobs and help grow our economy? partisan consensus. because you know me: I am incredibly
This is why we need the filibuster for Don’t get me wrong. It is hard, in naive. At age 63, I am still incredibly
every piece of legislation that comes this polarized country, to work to- naive.
out of the Senate. The much derided 60- gether and find common ground, but it I came to the Senate in 2013. One of
vote threshold is there to ensure the is essential that we continue to do so the first things that happened was the
stability of our country’s laws and where we can. Our Democratic col- Supreme Court of the United States
policies are not affected by the transi- leagues used to agree. In fact, it has struck down the preclearance provision
tory majorities that we find here in been less than 5 years since 27 of our of the Voting Rights Act in the Shelby
Congress. current Democratic colleagues signed a v. Holder case. It happened when I had
I know the Democratic leader and letter arguing that the filibuster been here about 6 months.
should be preserved. We will see if And the Supreme Court said: But
many of our colleagues are moved to
those colleagues and the many others Congress can fix this. Preclearance is
action by their political base, and some
who have defended the filibuster end up fine. You just shouldn’t use a geo-
may actually be worried about having
caving to the radical left in their polit- graphical requirement that dates back
a primary opponent unless they go to
ical base and vote to blow up the Sen- to 1965. Just come up with a new stand-
the mat trying to eliminate the fili-
ate. ard for which jurisdictions should have
buster. Well, some of our colleagues
For the sake of the American people, to preclear voting changes, and make
have experienced unbelievable pres-
our economy, and the long-term sta- it even-steven.
sure, particularly the Senator from So we quickly did come up with
West Virginia and the Senator from bility of our government, I hope this
ends up being another failed vote. something: You only have to get
Arizona. And last night, if the press re- preclearance if you have had a history
I yield the floor.
ports are accurate, when asked wheth- The PRESIDENT pro tempore. The of voting rights problems in the last 10
er the majority leader would support a Senator from Virginia. years. If you don’t, no preclearance. We
contested primary run against Senator Mr. KAINE. Mr. President, I am so will treat every ZIP Code—north, west,
MANCHIN and Senator SINEMA, he didn’t glad to be with my colleagues on the east, south, midwest—exactly the
respond. The Senator from Vermont, floor on this most important day dis- same.
Senator SANDERS, did respond and said cussing a most important topic, and I We came up with it, and we went to
he would consider supporting a pri- want to say particularly that I am glad Republicans. We went to Republicans
mary opponent to the Senator from to follow my friend from Texas. The knowing they were a great voting
West Virginia and the Senator from senior Senator from Texas is a friend. rights party—the 14th Amendment, the
Arizona. I would make the point that it We have traveled together. We have 15th Amendment, the 19th Amendment.
was the junior Senator from Vermont legislated together. But friends can dis- The women’s vote happened in a Demo-
who made that statement, not the Pre- agree, and on this topic we disagree cratic administration but with Repub-
siding Officer. strongly. lican support. The 26th Amendment—
So, in the Democratic Party, if you Life throws ironies at us. The Sen- so 18-year-olds can vote—happened in
can’t vote your conscience anymore, ator from Texas inhabits the seat that the Nixon administration.
you either have to fall in line or your was held by Lyndon Baines Johnson— But especially the Voting Rights Act,
colleagues will make every effort to Lyndon Baines Johnson—the towering it wouldn’t have happened without
try to kick you out. figure who helped usher through the rock-solid Republican support. It was
Well, I have some news for our Voting Rights Act of 1965. I inhabit a always reauthorized with Republican
friends across the aisle. If they think seat that for years was called the Byrd support.
liberal activists are upset now, they seat in the Senate, inhabited for 50 So at this moment when the act is
haven’t seen anything yet because, if years by Harry Byrd, Sr., and Harry gutted, we go to Republicans and say:
the majority leader successfully blows Byrd, Jr., who were known for their All you have to do is be consistent with
up the rules of the Senate, the radical virulent efforts to deprive African the history of your party and help us
left will have a full-on meltdown when Americans of civil rights, including fix the Voting Rights Act.
Republicans regain the majority, which frequent extended filibusters on this One. In the House, in the Senate,
could be as soon as next year. floor against voting rights. where is this 150-year history of sup-
Regardless of which party holds the LBJ is held in high regard today be- porting voting rights? Only one—only
majority, the Senate rules should not cause of his passion for voting rights. the senior Senator from Alaska, Sen-
be bent or broken to achieve strictly Harry Byrd—I was at the State cap- ator MURKOWSKI, would join in this ef-
partisan wins. Democrats’ attempt to itol in Richmond on Saturday to see fort.
blow up the Senate is reckless and em- our new Governor inaugurated, and I I was so naive. I was so naive. But we
ctelli on DSK11ZRN23PROD with SENATE
barrassingly shortsighted. You wonder walked by the spot on the capitol are here today, and we have an oppor-
if anybody learned anything out of the grounds where a Harry Byrd statue tunity. Why are we here? We know why
debates and the nuclear option that used to stand. It was removed 6 months we are here.
was used strictly for judicial nomina- ago. The Harry Byrd Middle School in After preclearance was struck down,
tions, which resulted in three Repub- Henrico County was renamed 5 years there began to be an escalating ava-
lican nominees being confirmed to the ago to the Quioccasin Middle School. lanche of laws to make it harder for
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S288 CONGRESSIONAL RECORD — SENATE January 19, 2022
people to vote. Then we had a Presi- partisan redistricting. That is par- the U.S. Senate, it would be a place
dent who did a frontal assault on de- tisan? where we could have debate. In the
mocracy itself: demeaning the democ- Another part of our bill is complete greatest deliberative body, you ought
racy; attacking election officials; try- transparency in all campaign contribu- to be able to have debate. I think I saw
ing to dig up dirt on a Presidential op- tions. How is that partisan? Go poll Senator DURBIN once almost get into a
ponent from a foreign country; refusing any Republican, Democrat, Inde- debate here, maybe twice. But it just
to concede; filing meritless lawsuits; pendent populous about what they simply doesn’t happen, and it doesn’t
bringing about threats against election think of transparency in campaign con- happen because we are not forced to do
officials; violence in the Capitol, tributions. It is overwhelmingly pop- it because you take the easy way out.
against the Capitol, against these ular. We have made some of these All you have to do is put a hold on a
Members, against the staffers, against changes in Virginia. Thank goodness bill, and then you can walk out. In
Capitol Police, against our democracy; that this bill would allow it. fact—I think it was my second year
repeated efforts in States around the We just had a Governor’s race. Turn- here—there was a Senator who put a
country to roll back; violent threats out went up by 20 percent, and a Re- hold on a bill and then went back to
against election officials that persist publican won. It wasn’t my candidate. his home State. He didn’t even stick
even to today. It was good for democracy. around.
That is why we are here. We are This is not a partisan bill, even if the I don’t think that is what the fore-
standing exactly in the same spot as Republicans won’t stand up for it. fathers had in mind. I think what the
that Senate stood in 1965: disenfran- Finally, the Republican leader and forefathers had in mind is to stay here
chisement efforts, coalesced by a gal- Senator CORNYN started off with a and have a discussion and have a de-
vanizing action of violence—the beat- lengthy ‘‘Well, why won’t you work on bate, and when people disagree, don’t
ing of John Lewis on the Edmund other stuff, like stuff about COVID, be disagreeable, but try to find com-
Pettus Bridge in Selma, AL. We have stuff about the economy?’’ My memory mon ground. That doesn’t happen but
an avalanche of disenfranchisement is pretty good. I think we were here in rarely.
galvanized by an act of violence—the March dealing with a significant bill So you ask yourself what can be done
attack on this democracy, the physical that was about vaccinations and about it. I have had the opportunity
attack on January 6. COVID and support for small busi- over the last 3 months to work pretty
The time to act is now. nesses and a whole series of things— extensively with my friend Senator
Let me respond quickly to some com- hospitals, educational aid. How many KING and Senator KAINE and Senator
ments I have heard from colleagues Republicans voted for that bill, the MANCHIN and talk about ways we can
this morning, particularly Senator American Rescue Plan—you know, the move forward in a way that encourages
CORNYN. You have heard again and one that was COVID and the economy? people to come to the floor and debate,
again this theme that the bills we are None. Why don’t we pay attention to and I think there is a proposal to do ex-
attempting are a Federal takeover of some other stuff? Well, we have been, actly that. This is a carve-out today,
elections. They use that—federalizing generally with little support. but the truth is that there is a proposal
elections, a Federal takeover of elec- I will close and say this: Congress to protect minority rights and encour-
tions. may at any time, by law, make or alter age people to come here and debate.
So here comes the history quiz part such regulations—at any time. If not We ought to be doing that. It isn’t
of my speech. Both Senators DURBIN after the Supreme Court cuts the heart nuking the body. It is not destroying
and KLOBUCHAR have referred to this out of the Voting Rights Act, when? If the U.S. Senate. It means we get a
and read it, and I am going to do it not after an avalanche of State legisla- chance to stand here in front of these
again: ‘‘The Times, Places and Manner tion carving back voting rights, when? cameras and challenge one another be-
of holding Elections for Senators and If not after a violent attack, unprece- cause we have to, because the rules
Representatives, shall be prescribed in dented in the history of this country, force us to do that—not to go home to
each State by the Legislature thereof; on the Capitol of the United States to our home State, not to put a hold on a
but the Congress may at any time by disenfranchise 80 million people and bill or a person and then not say a word
Law make or alter such Regulations.’’ disrupt the peaceful transfer of power, why, not to be able to justify why you
How many times—how many times in when? If not after subsequent Big Lies are doing that on the floor.
the Constitution—can you read the leading to action in State legislatures So I see this in a little different light
phrase ‘‘at any time’’? The Constitu- all over this country, when? than has been described by some across
tion gives enormous powers to Con- We may act to protect Federal elec- the aisle, and I don’t think this is
gress in article I, enormous powers to tions at any time. We are here for such blowing the Senate up at all. I think
the President in article II, powers to a time, and the time to act is now. the Senate—if the forefathers looked at
the judiciary in article III, powers to I yield the floor. the Senate today, they would sit there
the States, powers to voters. It is sort The PRESIDENT pro tempore. The and shake their heads and say: What
of assumed, when those powers are Senator from Montana. has gone wrong?
given, that they can be exercised at Mr. TESTER. Mr. President, most of I think what has gone wrong is, we
any time. you know that I have a real job besides have gotten lazy. It is the truth. The
But in one occasion—in one occasion being a U.S. Senator, and that real job last place, truthfully, I want to be is on
only—the Framers decided: We had includes farming the land, which in- the floor of the U.S. Senate trying to
really better spell out ‘‘at any time.’’ cludes spending—starting in the justify my position. I mean, that is a
The only use of that phrase in the Con- spring—12 to 16 hours a day on a trac- lot of work. It takes time. It takes ef-
stitution is to put an exclamation tor, where you get an opportunity, fort. We ought to be forcing people to
point, essentially, after the notion that after you are going around and around do that. That is part of this debate we
Congress must be able to act at any and around, to think about anything are having here today.
time to alter or make regulations with you want to think about. We ought to realize that there is not
respect to the Federal vote. Before I got in this job, I used to do a single Member of this body on either
Senator CORNYN said that 94 percent math problems. Since I have gotten in side of the aisle who wants to ‘‘blow
of people were happy after the Novem- this job, I think about this job when I this place up.’’ They might describe it
ber 2020 elections. Then why has the am on a tractor, and I think about the that way. But the truth is, everybody
GOP decided to systematically weaken U.S. Senate. I think about how over who serves in this body knows that this
votes, take votes away, put obstacles the last 15 years this place has been in- body doesn’t function as the U.S. Sen-
ctelli on DSK11ZRN23PROD with SENATE
in the path, kick out duly-sworn elec- credibly dysfunctional. I have been ate. It doesn’t function. We don’t do
tion officials, and put decisionmaking here 15 years; I can’t speak to what it what we need to do. We don’t empower
in other people’s hands? was like before that. But it has never committees. We don’t make sure our
Senator CORNYN said that this was a worked since I have been here. The rea- chairmen are doing what they need to
partisan effort. Partisan? Partisan? son it has never worked is because—I do. We don’t debate on the U.S. Senate
One of the chapters of our bill is non- had this idea in my head that, being floor anymore, and we haven’t for 15
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S289
years and probably a heck of a lot doesn’t make any sense. It is really KAINE said it very, very well. We have
longer. hard for me to think how you justify— dealt with economic issues. We need to
I happen to sit in the seat of Mike how do you justify saying this is a good continue to deal with economic issues.
Mansfield. I don’t think Mansfield thing to have happen? We have dealt with supply chain issues
would look at this and say: This body Voter registration. OK. Now, we are with the bipartisan infrastructure bill.
works, and we ought not change the in this job. We all do this every day, We need to continue to work with sup-
rules because it works so well. think about it every day. So voter reg- ply chain issues as we move forward,
I think Mike Mansfield would say: Do istration is probably no big deal to us. and we will. But I will tell you, if we
you know what, guys? We did some But to working people who have to pay disenfranchise enough folks from the
changes in 1976. You need to take a the bills, having to take a half a day polls, we won’t have a democracy to
look back. Things have changed here. off of work to be able to go register talk about anything because it is fun-
We have cameras now we didn’t have when you can’t do it on election day— damental to our democracy.
in 1976. We have folks who come on the that is a big deal. I would just encourage everybody to
floor and raise a lot of money on this We all stand up here, and we always take a look at the bill that is presented
floor by talking to those cameras in- say: We are for working families; they today, the two bills. Look at it. Don’t
stead of talking to one another about are the heartbeat of this country. And talk about the one that was presented
what is important here, about the poli- they are. But the truth is, what mes- in 2018 or 2019. We can all do that. That
cies we need to take up. sage are we sending to them when we distracts from what is really going on.
So that is first thing. I don’t think say: No, you know what, no more same- Look at the bill and ask yourself, ‘‘Is
we should be afraid about adjusting the day voter registration—which, by the this really a Federal takeover of elec-
filibuster to make the U.S. Senate way, in Montana, it was a vote of the tions?’’ It absolutely is not. It is about
work. I think it is the right thing to people, and the legislature, a year ago making it so people can go to the polls
do—not blowing it up but making some right now, repealed a vote of the people and make their voices heard and feel
adjustments to make it work. on same-day registration. So what like they are making a difference in
Now, let’s talk about voting rights message are we sending to those folks? the country by voting for the can-
for just a moment. I believe there are My good friend RAPHAEL WARNOCK, didates whom they want or, in some
19 States in the United States right Senator WARNOCK, talks about stand- cases, voting against the candidates
now that, on a purely partisan basis, ing in line for 8 or 10 hours to vote. they don’t like.
have changed the way votes—either ac- First of all, I don’t know that I have And as far as the filibuster goes,
cess to the polls or the way votes are the will to stand in line, personally, for times change, things change. And one
counted when they are done. I can’t 8 or 10 hours to vote. I complained of the things that has changed in this
imagine anybody in here, when you when they moved the polling place 3 body is we don’t debate anymore. I am
look at that—and it has all been done miles from my house to 15 miles from for anything that will get people to the
on a partisan basis by Republican legis- my house. But to stand in line for 8 to floor so we can debate the issues that
latures—when you would look at that, 10 hours—I mean, that is a commit- are so important to the future of this
you would say: Boy, this is moving our ment to vote. Now we are going to country.
democracy forward. make it tougher? We are going to make I yield the floor.
You know what. When I got in the it so that when there are Good Samari- The PRESIDING OFFICER (Mr.
State senate in 1999, I worked with a tans out there handing out water and HICKENLOOPER). The Senator from
very conservative Republican on the maybe some soda crackers, we are Alaska.
State Administration Committee to going to say ‘‘No, that is illegal’’ and Ms. MURKOWSKI. Mr. President, I
make voting easier. We worked to- punish them—breaking the law; pun- have had an opportunity to listen
gether. We both had the same ideas in ishment by—God knows what. A fine? closely to my friend Senator KAINE,
mind. We wanted to make voting easier Jail? I don’t know. who asked the important question
in Montana, and we did it. What is it? about voting rights, about when—when
Now, it is a different world out there, Mr. MERKLEY. A felony. are we going to act? And that is a ques-
and I really don’t know why. Let me Mr. TESTER. It is a felony. tion that is something that we, each of
give you an example. When I ran in This is crazy, guys. We shouldn’t be us, need to ask ourselves is ‘‘when.’’
2018, there were a record number of acting like the stuff that is going on in But I think we also need to keep in
votes cast in Montana, and I won. A this country right now and has been mind the ‘‘how’’ we act because I think
Democrat won. In 2020, there was even going on mainly for the last year—and how we act is important—because I
a larger number of votes that were cast my fellow Senators have talked about think we recognize that when we act
in 2020, and a Republican won. This why it is the case—we shouldn’t act unilaterally as a party on issues that
isn’t about advantages for Democrats like it is no big deal. It is a huge deal. are of great weight and great political
or advantages for Republicans; this is If we disenfranchise voters in this debate in this country, that solutions
about making it so everybody can have country, our democracy is on a slide to these difficult problems come best
their voice heard—something very away from democracy. when we are able to be working to-
basic to this country, by the way. We As my friend ANGUS KING has said gether.
stand up here and talk on the floor many times on this floor, democracies I know that we are very fractured in
about how people have sacrificed for are the exception, they are not the rule this body, and it has made it hard, but
the rights and the freedoms in this in history. They have happened rarely, hard does not mean it is impossible. It
country, and one of those freedoms is and they happen because people under- is only impossible if we give up, and we
the freedom to vote. Lives have been stand the sacrifices it takes. say it can’t be done.
sacrificed for it, but yet we want to We have sacrifices we need to make To my friend from Montana—and I
limit certain groups of people from in this body, and part of it is, we need appreciate the commonsense words of a
voting. to ensure that everybody has equal ac- man of the earth, a good farmer—amen
In Montana, for example, they have cess to the polls so that they can vote. to what you said about this body and
said that student IDs—a college stu- It is fundamental to our democracy. our dysfunctionality. We are not the
dent ID won’t work as an ID to go to That is why we are all sitting here. If same Senate that I came to close to 20
the polling place. Are you kidding me? it wasn’t fundamental to our democ- years ago. I beat you by about 5 years,
I mean, first of all, what kind of mes- racy, do you know what? I would be 6 years. We are not that same body. We
sage are you sending to the young peo- doing something else. I would be in my are not operating in the manner with
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ple who are going to be running this office working on papers or something which I think we really were designed
show—and probably a heck of a lot bet- like that—who knows. But the truth is, to be—that tempering body, that delib-
ter than we are—in just a few years? this is fundamental to our democracy. erative body. We are supposed to be the
You are saying: Your voice doesn’t We can try to, you know, move the world’s greatest deliberative body, and
count. You want to talk about conversation and say: Why aren’t we we don’t demonstrate that on any sin-
disenfranchising? This is crazy. It talking about the economy? Senator gle day out there.
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S290 CONGRESSIONAL RECORD — SENATE January 19, 2022
But I question whether or not chang- that substitute has been incorporated, cludes the Native American Voting
ing the rules actually works to change including the Native American Voting Rights Act, again, that we worked on
the attitude because that is what I Rights Act, which I worked hard on in in the Indian Affairs Committee to ad-
think we have going on here. The rules the Indian Affairs Committee with dress, unfortunately, very longstanding
have been in place for a long while. It Chairman SCHATZ to try to make that obstacles to voting for American Indi-
is just how we have chosen to utilize as robust as we possibly can. I have ans and Alaska Natives.
them to our advantage and to the dis- done all this because I do believe—I do So there is good stuff, if you will,
advantage of the other side, and that is believe—that this Senate should pass a good measures that are contained with-
unfortunate. reauthorization of the Voting Rights in the bill in front of us.
I don’t know how—it is much easier, Act, but I also believe that it must be But we also have some negatives. I
I think, to change the rules than it is a bipartisan effort. think you have heard my colleagues
to change attitude. It is much easier to It has been 16 years since we last ad- detail many of them—not only nega-
try to do things alone than to try to dressed the Voting Rights Act. We need tives within the text but in terms of
build consensus. Just ask any one of to do more than just talk about it; we this partisan effort that we have in
the 10 of us who worked tirelessly last need to ensure that the ballot is equal front of us.
year to advance a bipartisan infra- for all Americans and free from any We have a measure that is 753 pages
structure bill. There were so many discrimination. It is pretty simple for long. We can move through that. We
points along the way where any one of me in that regard. And wherever you are not going to say just because it is
us or any half of the group could have have uncertainty, wherever you have big doesn’t mean that we can’t do it
said: We are done. This is just too hard. ambiguity in the laws that govern our again. But it has come over to us
We are never going to make progress. Federal elections, we need to clarify through a shell vehicle. It is now di-
But just because it is hard doesn’t these. We need to clarify these so that rectly on the legislative calendar. You
mean it is impossible. there aren’t these open questions or have, again, this combination of two
The Senator from Montana urged us perhaps cynical interpretations that bills, plus a few add-ons.
all to read the measure before us, the But, unfortunately, neither of
would go with them.
Freedom to Vote: John R. Lewis Act, these—even with my support of the
So how do you do it? Because this is
now pending before the Senate. It has a John Lewis Voting Rights Act—neither
all hard stuff. We acknowledge that.
few new things that have been added one of these had sufficient support to
We acknowledge that. You really do
pass cloture. Since then, we haven’t
in, but much of it is what we saw pre- have to do it coming together to try to
done anything. I shouldn’t say ‘‘any-
viously with the Freedom to Vote Act. hear the objections.
I voted against that motion for clo- thing’’ because there were a few addi-
As I look at the measure that we
ture when it came before us because I tional provisions that were included. I
have before us, I am not convinced that
looked at that as being a bill that was don’t want to dismiss that. But not
we are there yet. I am not convinced
much has been done to build support
overly prescriptive. In my view, it real- that we are there yet with the product
cooperatively in this body for the two
ly did work toward nationalizing elec- that we have. I will absolutely agree
combined measures, other than to
tions. I come from a State where that there are some good—I think
build pressure to, not change the legis-
things are just a little bit different there are some important provisions in
lation, not to modify it, not to gain
there. You hear me talk about it all the measure that we have in front of compromise—but to change the rules
the time. Part of it is dictated by the us. But what we are faced with today, to take it up.
geography. Part of it is dictated by an or later today, is going to be a take-it- This is a big bill, but one of the
indigenous population where the lan- or-leave-it vote and then an effort to things that we don’t have contained in
guage that is on the ballot doesn’t change how we approach hard issues. it that many of us have been talking
align with what they speak at home Before I get into my comments in about now for a period of time is we
and how we address matters like that. that vein, I do want to look at and don’t address the Electoral Count Act,
What has happened with this meas- highlight what I think are some of the which I think most of us would look at
ure in front of us is it has been com- positives that we have in place be- this and say that this is something
bined with the John Lewis Voting cause—I think of a collaborative effort, that needs to be revised.
Rights Advancement Act, which I have but because we have shared observa- We do not need a repeat of 2020 when,
worked on in good faith with good col- tions, we have shared views on what by all accounts, our last President,
leagues whom I respect enormously, some of these solutions may be, and I having lost the election, sought to
and I appreciate that we have been able think that these can help us in anchor- change the results of that election by
to sit down. In fairness, much of the ing a more broadly supported bill. demanding that his Vice President ex-
good work goes to our respective staffs The measure features transparency ploit vague statutory language that
who sat down and said: All right, can provisions that require public notice of was written decades ago. We need to
we do a little bit over here? What do we changes to State voting rules for Fed- address this.
need to do over here? And we made eral elections. I think we would all say: The bill before us has some gaps, but
some progress. We made enough Yes, this is important. This is common at the same time that it has gaps, it is
progress that I was certainly willing to sense. also pretty prescriptive in many areas.
vote to advance debate here on the It has changes to electoral district Some of the previous objections that I
Senate floor on that measure. boundaries for elections at all levels, had made to the Freedom to Vote Act
I recognize that not everybody sees information about precincts and poll- remain.
the value and the benefits of ing places for Federal elections. These I share with my colleagues that I
preclearance. I recognize what the are things that I think there is con- want us to protect voting rights. I
courts did in Shelby, but I also heard, sensus here. We have stronger protec- think we should all want to protect
as Senator KAINE said, the courts say- tions, necessary protections for voters voting rights. But my concern is that,
ing: All right, legislative branch, do during registration and voting as well as we look at this measure, is that it is
something about it now. as protections for election workers, going to make any kind of a change—
So I have been willing to be part of polling places, election infrastructure. any kind of a change that States would
that discussion, not only this Congress The measure emphasizes the security make to their election laws for any
but in previous Congresses, where I of voting systems. I think we recog- reason—extremely difficult to do with-
have joined with Chairman LEAHY to nize, again, this is imperative. It has to out being directly challenged in court.
try to advance that conversation. We be a priority. If we are going to thwart And maybe—maybe—that is the goal
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haven’t been as successful as I would any malign actors out there, maintain here. But what it does do, in my view,
have liked, but I certainly think we confidence in election results, we have is deprives States of the flexibility to
made good progress with the John to have this. design and implement their own laws
Lewis voting rights bill. Important to me, it extends the bilin- as the Constitution provides.
We had a substitute. As I look gual election requirements of the Vot- Again, I look to my State for some of
through this bill, it looks like much of ing Rights Act for 5 years. It also in- those very specific examples where, if I
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S291
have a small remote village with per- House was freely and fairly elected, come out here to the Senate floor
haps 100 voters and I have a prescrip- they will doubt all decisions. They will every day, just like every Member of
tion in Federal law that says a polling doubt what we do here, and they will this Chamber, and I fight for what I be-
place must be open and available for a doubt their own democracy. And that lieve in. And I use my voice to do that,
period of a week to 10 days with 2 is troubling for our Nation. and I use my vote to do that.
weekends—if you are out in a village So I refuse to believe that this is the The same is true for every citizen of
and you are living a sustenance life- best that we can do right now. As I this country. They use their vote to
style, Saturday or Sunday don’t mean said, this is hard, but hard is not im- say what they want the future of our
anything to you. It is winter. When are possible. I think that we can, if we are democracy to look like. But, right now,
the animals moving? When are the fish operating in good faith, as there are so States across the country are taking
moving? many in this body who do that on a away that right. They are taking away
Let’s not put limits on our States so daily basis—it doesn’t get noted be- their voice.
that they can’t enhance opportunities cause, quite honestly, it is far more in- We have to make sure that every
for all voters. teresting to write about the fur that vote is never taken away, that no voice
So federalization is not the right an- flies around here, rather than us actu- is taken away, or we are going to lose
swer here, and, again, whether we are ally making things happen together. the democracy in the future.
talking voting rights or other issues, But the effort to change our rules, to And here is what is happening right
typically in my State a one-size-fits-all pass legislation on a party-line basis is now. Republican legislatures are mak-
approach is not the right effort. So we not going to help us here. It is not ing it hard to vote for certain groups of
have got to find an appropriate balance going to help us here. I think we need people—primarily Black Americans,
that doesn’t result in a takeover of to do everything that we possibly can Native Americans, young people, and
States’ ability to run their own elec- to avoid further polarizing voting people with disabilities, just because
tions, and how we are able to achieve rights and election reforms. they might vote for a Democrat.
that balance is important. It may be too late. I don’t know. It This is a national coordinated effort
So as I talk about my views on the may be just too late, but I think we to keep Republicans in power at every
legislation that we have before us, I am have to try. I think that we have to level of government by keeping Ameri-
very, very well aware that the results try. And I think that there is an effort cans away from the ballot box, by
of this effort to push voting rights was, to try to do just that. There is a good keeping Americans from being able to
unfortunately, determined before we handful of people in this body on both use their voice and their vote. Specifi-
began this debate. We are going to sides of the aisle who have been talking cally, Republican legislatures are pass-
come to a vote on a motion to invoke this, through kind of following the ing legislation to make it harder for
cloture. We know what is going to hap- model of what we did with the bipar- people to vote by mail; drastically
pen. It is going to fail due to a lack of tisan infrastructure group. eliminating the availability of secure
sufficient support. And then we are You know, when we first started that drop boxes so people can safely drop off
going to face some kind of a vote to effort, nobody believed that we would their ballot; and reducing early voting
change the Senate’s rules and weaken be successful with that. Probably, most hours or days.
the legislative filibuster, which we also listening to the debate that is going on And it is all done to demoralize and
understand will fail. And I guess the now and will go on later all throughout discourage people—working people—
point here is to get folks on record, and the afternoon don’t believe that we can from making their voices heard and to
that will happen. do anything. But let’s prove them make the democratic process so much
But what have we accomplished? wrong. Let’s prove them wrong. Let’s more cumbersome. That is a mom who
What have we accomplished for the sit down with those who have made is juggling childcare and schooling dur-
people that we serve? Instead of allow- that commitment—we have heard it ing the pandemic, who is going to look
ing us as a body to say, ‘‘OK, what are here on the floor—made that commit- for options to get that ballot in, to get
we going to do to address this,’’ we ment to work through some of these her voice in, to get her vote in, and she
have brought cross-party relationships issues, some of these areas of common won’t able to find a way to do that
to yet another low—perhaps, an un- ground that I think we can build a base with all of her responsibilities.
precedented low. from, and work to build a foundation Maybe there is not a drop box near
I was part of a very troubling con- that will be enduring for this country her, or maybe early voting hours have
versation last evening, and it was when it comes to election reform and been cut short, or maybe the new rules
shared that, you know, depending on voting rights, because I fear greatly about voting by mail are just too com-
which side you are on in this body that if we are to advance measures plicated.
today on this issue, you are either a that are solely, strictly party line—and Because of those barriers that are
racist or a hypocrite. Really? Really? that is what eliminating the legislative being erected in Republican legisla-
Is that where we are? I find that so, so filibuster will allow us to do—we will tures, that mom will not get to advo-
hard and so troubling, because when it take the easy way out. cate for her kids or her community
becomes that deep and that divided Senator TESTER suggested that with her vote. And too many Repub-
where we cannot have the debate that maybe we are getting a little legisla- licans want it to work exactly like
my friend from Montana says we tively lazy around here. We will get that.
need—and I agree we need—but if we even lazier, because we don’t have to And those far-right politicians also
are so, so divided, this is not right. do the hard work of trying to find con- want to pick their own voters—lit-
This is not good for the health of the sensus. Elections and voting rights are erally drawing lines between commu-
body. so important. We understand that. nities to reinforce partisan divides.
But what has happened here is we Let’s commit to resolving the issues Congressional Democrats are work-
have devolved into a debate over voting that divide us, that will not only help ing to do the opposite. Instead of let-
rights versus voting rules, and you bring this Congress closer together, but ting politicians draw maps to rig the
have got part of the country that that just possibly, just hopefully—and outcomes in favor of one party or an-
thinks this bill is about protecting the maybe I, too, am naive, Senator other, we just want to end partisan ger-
right to vote. Another part believes KAINE—but that just possibly can help rymandering.
that this bill will do nothing but un- heal this country, because that is what Because—let’s be clear—people
dermine it. And so we are both sitting we need right now. should pick their representatives in the
in a situation, I think, where both I yield the floor. United States of America, not the
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sides are now set to cast doubt on elec- The PRESIDING OFFICER. The Sen- other way around. And what we are
tions if they don’t win. And that takes ator from Washington. seeing happening across the country is
us to a very troubling place, because Ms. MURRAY. Mr. President, we are undemocratic, and in no uncertain
when people doubt whether their vote here today to talk about our democ- terms, it is a threat to this democracy.
matters, when they doubt whether that racy, and here is what I know about And if you don’t believe me, look at
individual who is sitting in the White how a democracy actually works. I what the former President said just
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S292 CONGRESSIONAL RECORD — SENATE January 19, 2022
this past weekend. Donald Trump, the Now, some have suggested that if we The Democratic leader, before as-
leader of the Republican Party, con- believe these laws are unconstitutional suming his current position, said that
tinues as we know to spread the lie we should fight them in the courts, eliminating the filibuster would ‘‘be a
that the 2020 election was stolen from take our arguments all the way to the doomsday for democracy.’’
him. He is working hard, out in the Supreme Court. But remember, there And President Biden, when he was
open, to convince every American that are three Supreme Court Justices all Senator Biden, said that to eliminate
he can that our free, fair election in appointed by a simple majority of this the filibuster would be ‘‘the arrogance
2020 was illegitimate. Senate without the filibuster. of power.’’ Apparently, he is now suf-
But even more concerning is the So let’s recap. Republicans want to fering from such arrogance.
former President’s explicit stated de- appoint judges without a filibuster Until they took control of the Senate
termination to rig the outcome of fu- standing in their way. They want Re- last year, most Democrats passionately
ture elections. In a recent recorded publican State lawmakers to be able to advocated for preserving this critical
message Donald Trump said: pass voter suppression laws without a Senate rule. That is because it enables
We have to be a lot sharper the next time filibuster. But Democrats can’t protect our representative government to func-
when it comes to counting the vote. . . . the basic right to vote on a simple ma- tion and reflect the will of the people.
Sometimes the vote counter is more impor- jority. Indeed, in 2017, when there was a Re-
tant than the candidate. That is what we are talking about publican in the Oval Office and a Re-
More important than the candidate? here today: making election day a Fed- publican majority in the Senate, 32
And what Donald Trump means in this eral holiday, making sure everyone can Democrats, including then-Senator
case was clear. He wants his loyalists vote by mail, ending gerrymandering Kamala Harris, signed a letter sup-
to oversee our elections to make sure so voters can pick their politicians and porting the filibuster.
the outcome is always in his favor. I not the other way around. These are During the Trump administration,
mean, just sit with that. We are not simple, straightforward reforms, with Democrats routinely used the filibuster
talking about hypotheticals here. The tremendous significance for our coun- to block Republican legislation, includ-
leader of the Republican Party wants try’s future as a democracy. ing bills on police reform, border secu-
to toss democracy out the window and And the path to getting them done is rity, and late-term abortions; impor-
change the outcome of any election re- simple and straight forward too. What tant bills that impacted life, sov-
sults he doesn’t like. each of us has to do is decide that our ereignty, and community safety—cer-
History is sitting on our shoulders democracy comes before Senate proce- tainly, bills that Republicans wanted
right now. The American people are dure and then cast our votes. to enact.
looking to us for a way to move for- I have made my decision, and here is Yet, when met with the filibuster,
ward and protect the right to vote, and what I believe: We cannot let the fili- Republicans didn’t change the rules on
this is it. And all that is standing in buster stop us from protecting every
a completely partisan basis. Repub-
American’s right to vote. If it is the fil-
our way is Senate procedure—Senate licans didn’t tear down this institution
ibuster or democracy, I will choose de-
procedure that a majority of us voted in order to score short-term partisan
mocracy. If it is the Senate rules or a
last month to change. political points, and Republicans cer-
Now, I understand the reluctance Senate that works for the American
tainly didn’t use cheap demagoguery to
people, I will choose a Senate that
around reforming the filibuster. I do. I create a fake hysteria to justify doing
works.
understand we want this institution to so.
And I urge my colleagues with all of
work, to be bipartisan when it comes my heart, for the sake of this democ- Yet now that Democrats are in the
to tackling big challenges. But here is racy, to do the same. majority, nearly every one of those 32
the deal: I don’t think that carving out I yield the floor. Democrats has completely reversed
a path to pass voting rights on a simple The PRESIDING OFFICER. The Sen- himself or herself, with a few notable
majority precludes that. ator from Tennessee. exceptions. Why? Because this is about
In fact, I think it is past time that Mr. HAGERTY. Mr. President, I am one thing: Power. Doing the exact
we reform the filibuster to make sure here today to address Democrat leader- same thing is a doomsday for democ-
the world’s greatest deliberative body ship’s effort to demolish the Senate racy when it is a bill they oppose, but
actually deliberates the issues and rules and structure, and thereby de- it is essential to save democracy when
challenges that are facing the Amer- stroy the world’s greatest deliberative it is a bill they support. It is about
ican people. body. Their ploy would silence millions power.
But today’s Senate procedure keeps of Americans, and it would substan- There doesn’t seem to be a power
us from that kind of deliberation. Sen- tially harm our Nation. grab that is too extreme for the mod-
ate rules not unlike the partisan gerry- Abolishing the filibuster would end ern left, whether it is abolishing the
mandering we are seeing in States the Senate’s unique role in American filibuster, packing the Supreme Court,
across the country push Democrats and Government, which has kept us on the or making the District of Columbia a
Republicans further into their corners, steady course of becoming a more per- State. There is no institution that they
rather than toward collaboration, mak- fect union for the past 230 years. This aren’t willing to destroy.
ing it unbelievably easy to block legis- unique role is to ensure that Federal This is shameful because Democrat
lative action and nearly impossible to legislation, covering all 50 States, re- leaders’ past statements show that
start it. quires careful debate and broad sup- they know that destroying the Senate
And that means Americans do not port, often reflecting compromise, so would be disastrous for our Nation.
get to see where elected officials stand that American policy is durable and Let’s call this what it is. It is worse
on issues as consequential as pro- lasting. than a solution in search of a problem.
tecting the right to vote. To even have That way, as the senior Senator from It is a power grab in search of a crisis.
the debate we are having right now, we Arizona put it in her courageous and In this case, they had to manufacture a
had to dig through Senate rules and patriotic remarks last week, we avoid crisis to justify the power grab.
quite literally repurpose a bill that al- ‘‘wild reversals in Federal policy’’ They have been trying to pass this
lows NASA to lease its property. Oth- every few years on the basis of bare bill for years. Democrat operatives
erwise, we wouldn’t even be standing majorities, which would make our gov- first introduced a version of this bill on
here on the floor today to have this ernment far less effective and our econ- January 24, 2017, 4 days after President
discussion about voting rights. That omy far less stable. Trump was elected to office. It was
does not make sense. Democrats know how integral the fil- part of their scorched-earth policy to
ctelli on DSK11ZRN23PROD with SENATE
It should not be so difficult to make ibuster is to American Government. challenge the 2016 election results,
it so the public can see where each of Democrats have said it themselves. clinging to the false claims of Russian
us stands. And let’s remember that Eliminating the filibuster would ‘‘be collusion. Since then, they have con-
these voter suppression laws are all the end of the Senate.’’ That is a direct tinued to maniacally, and on a wholly
being passed mainly on a partisan basis quote from the senior Senator from Il- partisan basis, push this electioneering
with simple majorities. linois in 2018. fantasy.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S293
Even though this bill is about keep- The answer to this is obvious: be- doing to address supply chain issues.
ing power, they use whatever justifica- cause Federal legislation governs all 50 We have acted. The infrastructure and
tion is most convenient at the mo- States, as opposed to State legislation jobs act has been signed by the Presi-
ment. In 2017, it was President Trump that just affects one State. It requires dent, and I can attest that in the Ports
and Russia. In 2020, it was the pan- broader support, more than a bare ma- of Long Beach and Los Angeles, the
demic. And now, it is the preposterous jority in a 50–50 Senate. percentage of containers waiting to be
claim that returning to prepandemic This is the greatest Nation on Earth, picked up is drastically down. Demo-
voting practices is the end of democ- and the Senate is its compass. This crats are taking action.
racy. isn’t the Democrat leaders’ political COVID. Yeah, we are still dealing
This election takeover would impose play thing. with this once-in-a-century global
taxpayer-funded campaigns. It pro- Ensuring broad support for Federal health pandemic. But imagine how
hibits overwhelmingly popular, com- laws, which ensures American sta- much better a position we would be in,
monsense State voter ID laws. What bility, is the very purpose of the U.S. how many lives we would have saved, if
does nullifying voter ID laws and hand- Senate. Sadly, this election power grab the Trump administration took respon-
ing out taxpayer-funded campaign dol- is just the start. With the filibuster sible action much earlier in this pan-
lars have to do with voting rights? gone, Democrats would be free to enact demic, and imagine how fewer cases
Last night, the senior Senator from mass amnesty, pack the Supreme and deaths we would have to count if
Virginia pointed out that Republicans Court, pack the Senate, punish law en- more people would get vaccinated.
have always led the way on voting forcement officers, and much, much Senator HAGERTY, like many Repub-
rights. So why not now? Because this more. licans, says: Well, when it comes to
bill isn’t about protecting voting It was my hope, coming into this new voting and elections, we should be fo-
rights. It is about protecting politi- year, that the Senate would refocus on cusing on making it easier to vote and
cians. This isn’t the 14th Amendment. what we were elected to do: Listen to harder to cheat. Who wouldn’t agree
It is Washington Democrats’ 14th at- the American people and address their with that?
tempt to take over elections in all 50 concerns. Yet the recent rhetoric of But here is the truth. Here is reality.
States for the third different reason in Democrat leadership has dispelled any We know what it takes to make it easi-
the last several years. such optimism. er to vote. That is what we are calling
Americans want laws that make it The American people deserve a gov- for in the Freedom to Vote Act, and I
easy to vote and hard to cheat. Such ernment that acknowledges their con- will go through some of the specifics
laws currently exist throughout the cerns and works tirelessly and con- here in a minute. But ‘‘the harder to
country. That is why we had record- structively to address them. The seri- cheat’’ misses the point. The evidence
breaking voter participation in 2020, in- ous problems we face as a nation de- is there. The data is out there. Massive
cluding in my home State of Ten- mand it. voter fraud doesn’t exist. Voter fraud is
nessee. Americans want us to do our jobs. exceedingly rare in America. So we got
So ask yourself: With more Ameri-
Abolishing the Senate’s rules that the ‘‘harder to cheat’’ part down, if
cans voting in the last election than
guarantee debate and compromise only Republican Senators and legisla-
ever before, why is this Democrats’ top
would be ‘‘the end of the Senate,’’ as tures and Governors, for that matter,
priority? Why are they willing to de-
the senior Senator from Illinois put it. would embrace the proven reforms that
stroy the Senate to do it? What is the
It would do irreparable harm to the make it easier for eligible Americans
real reason they are focusing on this
fabric of our government and to the co- to cast their ballot in our democracy.
made-up crisis, while ignoring actual
hesion of our Nation. But the most egregious, I just have
crises of inflation, falling real wages,
I hope my colleagues find the to say, when Senator HAGERTY sug-
soaring energy prices, supply chain cri-
strength and the courage to maintain gests that changes to elections law
ses, a collapsed southern border, the
their previous, longstanding support should only be done after careful de-
collapse of Afghanistan, and increased
for preserving the Senate’s role. I hope bate and broad support, I invite him to
authoritarian aggression around the
world—real problems that actually af- they reject this cynical move to steam- say the same things to Governors and
fect the American people? roll half of its Members and the voters legislators in Georgia, in Texas, in Ari-
Democrat leaders have tuned out they represent. zona, and elsewhere, and I will go
those concerns. They are taking no ac- The PRESIDING OFFICER. The Sen- through some examples in the course of
tion to address them. Think about it. ator from California. my presentation.
Our country has the highest inflation Mr. PADILLA. Mr. President, col- But, colleagues, as I have had an op-
rate in 40 years, and the Senate Bank- leagues, with Senator KAINE as my wit- portunity to share with many of you,
ing Committee, which has jurisdiction ness, I, like many of you, had an oppor- you know that, before I joined the Sen-
over our Nation’s monetary policy, has tunity to stand here yesterday to begin ate last year, I served for 6 years as
not held a single hearing examining to speak on the issues before us—the California’s chief elections officer. I
this topic since it began in 2021. need for this urgent and critical voting served as California secretary of state,
To avoid those issues, they have cre- rights legislation and our opportunity the largest State in the Nation with
ated a fake crisis to take over elec- to act this week in the spirit of the the largest and most diverse electorate
tions—a desperate attempt at self-pres- holiday we celebrated on Monday, Mar- in the Nation. And in that role, I had a
ervation because Americans are reject- tin Luther King Day. chance to oversee a side of election ad-
ing their agenda. That is the real rea- Before I get into my substantive re- ministration that most Americans and
son Democrats are pushing this. It is marks, I just feel compelled to respond most U.S. Senators never really experi-
about protecting the power of politi- to a couple of items that Senator ence. Former State secretaries of state
cians here in Washington. HAGERTY just mentioned. And if he is serving in this body: Senator BLUNT,
Elections should be determined by willing to stay and listen, that would Senator BROWN, Senator MANCHIN, and
the voters, not by the politicians. be appreciated, but that is his choice. myself, the most recent. And my expe-
Last week, President Biden traveled You know, a couple of our Repub- rience, by the way, included overseeing
to Georgia to demonize all Americans lican colleagues have made mention to: the administration of the November
who don’t submit to this hyperpartisan Well, we shouldn’t focus on voting 2020 Presidential election in the most
political agenda. He ranted that Ameri- rights; there are other pressing issues populous State in the Nation.
cans who support the constitutional at hand, things like the economy. So I want to take a few minutes to
system of free, fair, and locally run Well, last I checked, because of our explain exactly how the Freedom to
ctelli on DSK11ZRN23PROD with SENATE
elections are somehow bigots. actions last year, especially the invest- Vote Act will help all voters and re-
In support of this scheme, the Demo- ments in the American Rescue Plan, spond to some more of the claims I
crat leader offers the talking point wages are up and unemployment is at have heard about this bill from my Re-
that State legislatures don’t have fili- record lows. publican colleagues.
buster rules so why should the U.S. Democrats are taking action. We See, the purpose of the Freedom to
Senate? have been called out on what are we Vote Act is to give every eligible
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S294 CONGRESSIONAL RECORD — SENATE January 19, 2022
American more choices about how and mental right to vote—not just to sit ministrative costs. When you allow
when they cast their ballot. No matter back and make sure that elections are voters to register online, it is seamless;
where you live, no matter which State, run fair and square, not just to say: it is quick; and it is easy.
no matter which ZIP Code, no matter Hey, it is up to you voters if you want I have been to county election offices
your political party preference, you de- to register to vote. Government has a where you have clerical staff sitting
serve multiple, safe, secure, accessible duty to promote the exercise of the there with a pile, a stack of voter reg-
options for registering to vote and for fundamental right to vote. istration cards that they have to read
casting your ballot. So now to the specifics of the Free- and input by hand—not very efficient.
Isn’t that what we were all supposed dom to Vote Act and how it tries to Online voter registration increases effi-
to have learned in high school govern- live up to that duty of government to ciency and, by the way, accuracy. I
ment class; that our democracy works promote. Well, as we all know, you don’t have the best penmanship. Can
best when as many people participate— can’t vote unless you are registered to you imagine the clerical staff and
the will of the people, not the will of vote, and different States have dif- county offices trying to make out,
the few, not the will of the privileged ferent options for how to register to well, how do you spell this name that
few, the will of the people. vote. Once upon a time, you had to can be spelled three or four or five dif-
But today voters in different States present yourself in person at a county ferent ways. Online registration re-
take different paths to the ballot box, courthouse. Imagine the innovation duces those types of errors and cleans
some more difficult than others, need- that it took, the getting out of the up the voting rolls and is very cost-effi-
lessly. And sometimes what some of comfort zone, once upon a time, for cient to implement and has been prov-
you may view as a small obstacle can folks around the country that we had en, in State after State, to be safe, se-
add up to a big deterrent to participa- the audacity to suggest: Wait a cure, and effective.
tion, depending on where you live, de- minute. You can register to vote by But should online registration be the
pending on where you work, depending mail or sign a voter registration card only option? No. And we shouldn’t take
on your disability, and more. That is under penalty of perjury that your in- away the in-person or paper registra-
why the Freedom to Vote Act is so formation is true and correct, attesting tion. Some States have innovated auto-
critical. It will help all Americans by to your eligibility. matic voter registration, where we
guaranteeing the same baseline of ac- Now, some States have only the op- take advantage of the opportunity
cess to the ballot to all eligible Ameri- tion of voting through that card or in when citizens are interfacing with
cans. person. Other States have innovated their government—particularly the
And, no, this is by no means a Fed- and accepted things like online voter DMV. Ninety percent of eligible voters
eral takeover of elections. I appreciate registration—imagine that—or auto- in America will either have a driver’s
that several of my colleagues have matic registration, same-day registra- license or a State ID. And what are we
gone through the history of Congress tion. asked to provide when we conduct that
acting to protect the right to vote and Again, I want to talk to you in a
transaction? We are asked to provide
to improve elections. So let me really minute about that. But let me give the
our name, our address, our date of
bottom line it and make this point. big picture of why it is important. The
birth, a signature attesting to the ac-
With the passage of the Freedom to numbers are out there. The data is out
curacy of our information—all the
Vote Act, it is not Congress that will there. Who is it who tends to be eligi-
same information that is asked for
be distributing ballots or the Federal ble to vote in America but not reg-
when we are registering to vote. So it
Government that will be collecting bal- istered to vote? Disproportionately,
is just common sense to utilize that
lots and counting ballots. Election ad- communities of color, disproportion-
same transaction for eligible citizens
ministration will still be local. What ately low-income communities, dis-
to seamlessly be registered to vote at
we are doing is setting a baseline for proportionately young people—eligible
the same time.
access to the ballot for all eligible voters—but voters of color, potential
Americans, and, yes, it is appropriate voters of color, young people, and low- Going back to the National Voter
for us to do so, as Senator KLOBUCHAR, income are disproportionately not reg- Registration Act, which requires voter
Senator PETERS and others have ref- istered. registration opportunity for people
erenced the Constitution, referenced So we can either act—as the NVRA when they go to their Department of
prior congressional action, and I will says, we have a duty to promote—to in- Motor Vehicles, that will serve as an
point it out too. crease those registration numbers or opt-in model. Thanks to technology
It has already been pointed out that not. To live up to the duty, we need to, today, we can implement this opt-out
in the Constitution, the Constitution and if we don’t or perhaps even if we model. You still have the option as a
of the United States, ‘‘The Times, make it harder to vote or stay reg- voter to not be registered to vote, if
Places and Manner of holding Elections istered to vote, who are you dispropor- you choose not to, but the default is, if
for Senators and Representatives, shall tionately affecting? you are eligible, you are added to the
be prescribed in each State by the Leg- So Republicans can deny their in- voter rolls. And similar to online reg-
islature thereof; but the Congress may tent. We know the true effect of mak- istration, it has been proven safe; it
at any time by Law make or alter such ing it harder to register to vote or to has been proven secure; it has been
Regulations.’’ stay registered to vote. proven effective. From an elections
That is what we are seeking to do. So, again, different States have dif- perspective, it is wonderful. It doesn’t
But I really want to up the ante, ferent options. In Alaska, you can reg- just capture previously eligible but un-
folks, and I need you to listen to me ister in person, by mail, online, auto- registered voters now adding them to
because there are two important words. matic voter registration. In Cali- the voter rolls. If you are already reg-
Senator PETERS gave you the list, fornia—yes, I am proud—in person, by istered to vote, when you renew your
right? The Voting Rights Act, the Help mail, automatic registration, online, license or your voter ID—guess what—
America Vote Act, the National Voter election day same-day registration. In you are asked: Is this your current ad-
Registration Act, 1993, passed on a bi- Texas, Mississippi, only in person or by dress?
partisan basis. In it you will read that mail. Now, when most people move, they
‘‘it is the duty of the Federal, State, Different States, different rules. are quick to do the change of address
and local governments to promote the Everybody deserves the same oppor- through the post office because they
exercise of [the fundamental right to tunity. So why the value of online don’t want to miss out on their mail.
vote].’’ voter registration? Well, first of all, it You are updating your driver’s license
ctelli on DSK11ZRN23PROD with SENATE
I call your attention to two words, is convenient, right? There is a whole or your ID because it has to reflect
‘‘the duty’’ of government—not the op- lot that people have become accus- your current address. But a lot of peo-
tion, not the if you wanna, not the tomed to doing online. Second, for the ple don’t think of, ‘‘Oh, let me call the
may. ‘‘good government’’ types and the folks county and update my voter registra-
The duty of government, to what? To who want to make prudent use of pre- tion.’’ This is a seamless and effective
promote the exercise of the funda- cious taxpayer dollars, it lowers ad- way of doing that.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S295
In California, our experience, similar House district. Of all in-person Cali- ‘‘94 percent’’ that he had on the board?
to other States, for every new reg- fornia voters in 2020, nearly 10 percent He was citing a Pew Research Center
istered voter that was enrolled through were same-day registered. report that said 94 percent of voters in
automatic registration, you had at The others—you know, why such a the November 2020 election found it
least two voters who updated or con- big number? Because so many people easy to vote. That is great, and I will
firmed the accuracy of their registra- voted by mail, voted early, et cetera. tell you why.
tion. So, collectively, it leads to the And it is not partisan. Of the same-day It is because, in 2020, because of the
most accurate voter rolls we have had registrants, when the registrations threat of the pandemic, even States
in a long, long time. were processed, 36.2 percent were not that were resistant prior to affording
Isn’t that worth doing? Isn’t that in affiliated with any political party. This voters more early voting options knew
the interest of election integrity? is 32 percent Democrats and 25 percent that it was smart to do so in order to
And it is not a partisan idea. States, Republicans. So it is not partisan. It is reduce crowds and long lines on elec-
not just California, States like Alaska, good for everybody. tion day. That is why States that were
represented by Republicans, have auto- As we know, registration is only half even reluctant prior to 2020 to expand
matic voter registration. The State of the battle. Just because somebody may their vote-by-mail opportunities knew
Maine, which has sent to this body a be registered doesn’t guarantee that that it was smart to do so so that peo-
Republican and an Independent, has they are going to cast their ballot. ple could vote safely and securely from
automatic voter registration. In going back to the NVRA, folks, home, and it worked. It was the most
Now, here is a true lover of democ- the government has a duty to promote secure election in our history, with
racy’s perspective on automatic reg- the exercise of our fundamental right record turnout.
istration. Reverend Warnock, I hope to vote. So we have a duty to imple- So, if that is the case, why go back-
you can appreciate this. ment this, and these are proven re- ward? Why go backward? Because that
Colleagues, think about it. If you are forms on the registration side. is what they are doing in the States
eligible to vote in America today but What about on the casting your bal- that have introduced and passed—
not registered, you do not receive the lot side? what?—33, 34—and counting—laws that
State’s voter information guide if your Again, once upon a time, you had to are making it harder to register to
State provides one because you are not show up in person on election day, only vote, harder to cast their ballots,
on the list. If you are eligible to vote in between this hour and that hour, at which is contrary to the NVRA—duty
America today but not registered, your one designated location. In this modern to promote.
county doesn’t send you your sample economy, with so many different types So what are the options for early vot-
ballot to know when election day is, of work schedules, that is not exactly ing?
As we mentioned, we want to be spe-
where to go, and what we are voting easy. I live in Los Angeles, where we
cific. See, most States already have
on. If you are eligible to vote in Amer- have this thing that we call traffic. So,
some sort of in-person early voting op-
ica today but not registered, chances if you have a job that is no longer 9 to
portunity, but it is inconsistent. Some
are candidates and campaigns aren’t 5—imagine—and you have to drop the
offer weekends; some don’t. Some offer
knocking on your door or calling you kids off at school before you leave for
evening opportunities to vote; some
during dinner or flooding your mailbox work and have a full day and are deal-
don’t—or before work hours and after
trying to engage you in the democratic ing with traffic in getting back and
work hours. Every voter, regardless of
process. Maybe the smart campaigns have to get the kids from school and the demands on your time, deserves
and candidates are trying to reach out have to get dinner on the table, now I equal opportunities to vote prior to
to more voters, but, by and large, that have got to go to one designated loca- election day, in person, if that is your
doesn’t happen. So the sheer addition tion and be in line by a certain hour to choice.
of adding eligible Americans to the vote. There has got to be a better way, Mail voting. Again, a lot of States
voter rolls creates that activity. and there is. have some sort of mail voting, but we
Imagine that—civic engagement. Depending on the State where you are specific to no-excuse voting by
Imagine that—participation in our de- live, you have options that include vot- mail. Voting by mail is secure. It has
mocracy. But why stop there? ing on election day in person; voting in been proven to be secure. So why have
Same-day registration option. What person but early, prior to election day; only a limited subset of the electorate
if you missed a prior artificial deadline or voting by mail—again, all proven, been able to benefit from that? We saw
of registering to vote or updating your secure, effective ways to cast your bal- it work beautifully in November 2020.
registration and come election day you lot. But we have a mishmash across the Imagine how much better it could work
are still 18 years or older and a citizen country. California and Alaska, by the once we are past the pandemic. Mail
of the United States? You deserve the way, have election day, vote-by-mail, voting was pioneered, actually, in a lot
opportunity to have your voice heard and early voting. In Texas, it is on of Western States, not blue or red.
in that election and election adminis- election day only or early voting, but North Dakota, South Dakota, Wyo-
trators know how to do this. You can there is very limited vote-by-mail. In ming, Idaho, and Nebraska came along
register to vote, and whether your reg- Mississippi, sorry—election day only. with Utah in doing all-mail elections
istration is automatically processed for In Connecticut, sorry—election day in addition to Oregon, Washington,
jurisdictions that have the technology only. Yes, even Democratic States have Colorado, and California.
and the history to do so or your reg- room for improvement in making the Let me tell you the other beauty of
istration is held and your ballot is process easier. vote-by-mail, especially when we cover
held, you can still cast your ballot, We shouldn’t be hampered because of postage. I don’t have a roll of stamps in
have the county process your registra- the demands on our time—family obli- my kitchen drawer anymore, as very
tion, and your voice is heard in that gations, work obligations. That is why little is done that way, but when you
election. That is what democracy is States like Utah were early proponents are voting by mail, we can cover that
supposed to be about. of voting by mail. It is why States like postage delivery. You get your ballot
And, again, not partisan. Twenty Arizona were early proponents of early in the mail; you give it back to your
States, including Republican-leaning voting. So we should strive to provide letter carrier; and it gets back to the
States, have already implemented all voters in America the same baseline county and is counted.
same-day registration, including Wyo- of access to the ballot. Duty to pro- Some people may wonder, though—
ming, Idaho, and Utah. California im- mote—before the Freedom to Vote Act, and we have had this battle across the
plemented—we technically call it con- that is exactly what we were trying to country and in these Chambers over
ctelli on DSK11ZRN23PROD with SENATE
ditional voter registration, but start- do. the course of the last year—about what
ing in 2017. At this point, let me just reply to is happening at the Postal Service
In 2020—just to give you a flavor for something our colleague Senator COR- these days. Is mail quick? Is it slow?
what it means. In 2020, nearly 270,000 NYN referenced. I wish I could borrow, What about the pandemic? What about
California voters were same-day reg- right now, the board that he had right changes in processes and procedures
istered, 270,000. That is like half of a next to him. Did you guys see that big under the postmaster?
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S296 CONGRESSIONAL RECORD — SENATE January 19, 2022
Well, in California—Colorado has it, are African American. Then, to brag of ists to be paid—might discard those
as well, and other jurisdictions across my own State, as long as things are ballots which are not for her candidate
the country—we have a tool that al- being seen through certain prisms, we and keep only those for their own can-
lows voters to track their ballots have Louisiana’s Bobby Jindal, who is didate. This bill requires that all 50
through the mail. This is going to blow ethnically from India, who was our States have it; whereas, in North Caro-
your mind. Imagine signing up to re- Governor, and the first Vietnamese lina, they actually booted a candidate
ceive either phone calls, emails, or text American elected to the U.S. Congress. because he used ballot harvesting.
messages on the status of your ballot In fact, Louisiana has had a White It also prohibits States from cleaning
through the mail service. Wow. elected mayor of predominantly Afri- up their voter rolls. Now, somehow,
Mr. PADILLA, the county just mailed can-American New Orleans and a Black this is now wrong. I actually come
you your ballot. Be on the lookout, elected mayor of predominantly White from Louisiana, a State hit by Hurri-
right? It is going to come in the next Baton Rouge. But no, this statement is cane Katrina in 2005. After 2005, it was
few days. somehow manipulating people to think a tragedy for my State, but we had
When I return it, I receive confirma- that we are back in Bull Connor days. tens of thousands of people who moved
tion that the Postal Service has taken Well, if this is Jim Crow, then States to other States. Now, at some point,
possession of it, confirmation from the like Delaware must be Jim Crow 2.0. they registered to vote in Atlanta or in
county when they have received my Why is there not an outcry against Houston or in Dallas, and our secretary
ballot, and confirmation when my bal- Delaware? of state went back and said: Hmm, you
lot has been counted. I will point out that Georgia has are on a voter roll in Louisiana, and
It is a great tool for administrators more permissive voting laws than Dela- you are on a voter roll in Georgia. It
because you can identify bottlenecks in ware, more early voting days than appears that you are now paying taxes
the delivery service, and you can go to Delaware, no-excuse absentee voting, in Georgia. We are going to drop you
a local branch and say: Hey, folks. which, by the way, the voters of New from our rolls.
Sorry. The Macy’s catalog can wait an- York recently rejected. Georgia now Is anything wrong with that? Is any-
other day. We have to get these ballots makes ballot drop boxes permanent, thing wrong with pointing out that
out on time because election day dead- which was not the case before the pan- somebody is registered to vote in two
lines are looming. demic. Much has been made about re- different States and then saying, ‘‘You
Then, for a voter to have that peace stricting the number of drop boxes. I are paying taxes there, so we are going
of mind that my ballot arrived and my have been told that the one county to remove you from our rolls here’’?
vote was counted and my voice was pointed to is actually a ruby red Re- Lastly, I will say this: It puts Demo-
heard, it is great for transparency and publican county in which they dropped crats in charge of the FEC, a neutral
great for public confidence in the elec- down to one. organization enforcing voter laws. I
toral process. That is what vote-by- If this is being done for partisan ad- can imagine, as soon as Republicans
mail provides. vantage, my gosh, they are not doing a take charge again, we are going to do
So, similar to voter registration, very good job of partisan maneuvering, the same thing back to the other side.
with multiple, safe, secure options, it but I would argue that this bill is a We are going to attempt to manipulate
should be the same with voting, with wonderful example of partisan maneu- voting laws to our advantage, and it is
multiple, safe, and secure, proven op- vering. not above either party to do that. So—
tions—all to help us live up to the obli- What does it do? It is a Federal take- I hate to use this word, but to sanc-
gation, the duty, to promote the exer- over of elections. timoniously declare that this bill is the
cise of our fundamental right to vote. This innovation that the previous end of history; that partisanship is be-
That is the opportunity that we have speaker, my colleague from California, hind us; that, by golly, these laws are
before us today, colleagues, either by was speaking of now has to run the going to be put in place, and forever
approving the measure that has been gamut of a Federal official who says after, we are going to live harmo-
sent over to us from the House, which yea or who says nay. niously, is to not understand Wash-
encompasses both the Freedom to Vote It funnels tax dollars to fund polit- ington, DC, where every edge is sought,
Act and the John Lewis Voting Rights ical campaigns no matter how fringe and whenever it is sought, it is ex-
Advancement Act, or if we can’t do it that person’s perspective might be, ploited to keep your particular party
consistent with our current rules, then who no self-respecting donor would in power.
let’s amend the Senate rules to allow give money to online or in person, but I say this as a Republican: I don’t
us to do that—to protect the right to because of this law, my gosh, they have trust my party any more than I trust
vote for all Americans—because our got a chance. their party. I trust the States and the
right to vote is under attack. It bans commonsense voter ID laws. courts to oversee them, but this bill
I yield the floor. Now, there is this kind of myth being usurps that responsibility.
The PRESIDENT pro tempore. The promulgated that States are putting up Now, you can say that maybe this
Senator from Louisiana. these onerous laws that cannot be com- power grab is merely in place to dis-
Mr. CASSIDY. Mr. President, I had plied with. Courts reject those laws. tract from real issues, and there is
the privilege to listen to my colleague Courts do not allow a State to use a something to be said to that. We are
from California’s oration and the privi- mandated picture ID, issued by the debating this—whether or not to re-
lege to hear many of the things spoken, State, as an ID, and to say so is ma- quire all 50 States to allow ballot har-
both by the President and by col- nipulative. It is manipulative in the vesting—when we have the highest rate
leagues here in the Senate, as regards worst way. Courts decide the threshold, of inflation than we have had in over 40
to the voting rights bill that is here be- and courts decide what is reasonable years; when Russians are about to in-
fore us today. I want to start off with and is unreasonable, and to suggest vade Ukraine, apparently; when there
the President’s comments because I otherwise one more time is an attempt are people pouring across our southern
think it frames the debate, if you will, to manipulate people into thinking border and there is a looming humani-
in terms of how it is being framed to that 2022 is 1965, with all of the impli- tarian crisis in Afghanistan and the
the American people. cations thereof and all of the harm COVID response is kind of being caught
The President considers Georgia’s that does to our body politic. Shame. up with, not being preemptively ad-
new law as Jim Crow. That is a ma- It also allows unlimited ballot har- dressed, and we are discussing this.
nipulative statement. It is a cynical vesting—and, I think, California might FILIBUSTER
statement. It tries to make people be the only State to have it in place— Mr. President, let me mention one
ctelli on DSK11ZRN23PROD with SENATE
think that 2022 is the same as 1965, where you go to a homeless shelter and more thing—the filibuster.
which is laced with incredible irony, as have people sign up who might be ad- I was in an interview today about the
our country has seen an African-Amer- dicted, mentally ill, brain damaged and surprise medical billing bill. My col-
ican President, an African-American have them sign for a certain candidate. league from New Hampshire, who I
Vice President, and Lieutenant Gov- Now, you can imagine a well-paid ac- think was in the Chamber earlier,
ernors of Virginia and Kentucky who tivist—because this bill allows activ- helped to put that together. Multiple
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S297
colleagues ended up coming together Service, drop boxes—if, after all of You were here, I am sure—I know
on that. It took us 2 to 3 years to get that, a voter decides for themselves you were, Mr. President—in 2006 when
it done, the surprise medical billing. As that they need or would like assistance you were passing the Voting Rights
of January 1 of this year, if you get a with returning their ballot, that is the Act here with 98 votes. Ninety-eight to
surprise medical bill, there is a 1–800 voter’s prerogative. zero the Voting Rights Act passed in
number to call, and you get help. Imagine that—asking a family mem- 2006.
Why did it take us 2 years? We had to ber, a neighbor, or a friend: Can you do The Republican leader of the Senate
listen to stakeholders. We had to get me a favor? Can you make sure this then, the senior Senator from Ken-
legislation that works for all. We had gets to a mailbox or the polling place tucky, Senator MCCONNELL, voted for
to go to this Republican, that Demo- in time for my vote to be counted? that bill. It wasn’t even close, from his
crat, this committee in the Senate, Yes, there is a requirement in Cali- perspective. I have a number of quotes
that committee in the House; working fornia that if you are somebody assist- from him, but one was ‘‘The Voting
with a broad coalition; even maybe, at ing a voter with returning their vote- Rights Act has proved to be a success
the end, it slipping away; but we man- by-mail ballot, you, too, have to sign for America’’ and has ‘‘brought about
aged to pull it together, and we passed that return envelope, the official re- greater justice for all.’’
surprise medical billing, and it was bet- turn envelope, and your relationship Amen, Leader MCCONNELL, taking
ter because of that process. with the voter—relative, friend, neigh- that principled position in 2006. It was
Now, that is in contrast to a bill in bor, et cetera. part of an honorable tradition that the
which a majority of Democrats in the Imagine that—empowering voters to Republican Party has had in this coun-
House and the Senate, with the Presi- decide for themselves how to return try going back really to Abraham Lin-
dent, can force through without any their ballot. That is what it is. They coln and the votes that were taken
input from Republicans, from the 50 don’t call it ballot harvesting be- here to put Reconstruction in place, to
percent of the United States that voted cause—once again, what are Repub- fight the redeemers. It was true in 1965
for the other side. Well, let’s guess licans proving time and again they are when they passed the Voting Rights
whose advantage that bill is going to interested in doing? Making it harder Act by 77 to 19 on this floor. Lyndon
be for. It doesn’t take much to imag- for eligible people to register to vote, Johnson could not have done that
ine. stay registered to vote, and actually without Everett Dirksen, a Republican,
What MITT ROMNEY said on the Sun- cast their ballot. the Republican leader, who was for
day morning show—did the White I just wanted to clarify what it is that.
House ever call you about this voting that we are talking about here. As you know, I say to the Presiding
bill? MITT ROMNEY said: Never called I yield the floor. Officer, because you saw it—you prob-
me. That made it clear there was no ef- The PRESIDENT pro tempore. The ably were there—four Republican
fort to make this bipartisan. Senator from Colorado.
We are going to break this 200-year- Presidents—Nixon, Ford, Reagan, and
Mr. BENNET. Mr. President, I appre- George W. Bush—all signed versions of
old filibuster that requires us to come
ciate the clarification from my col- the Voting Rights Act. They showed
together to find common ground—that
league from California. the country every time they did it that
gives us bills that are stronger because Mr. President, let me say what a
of it—because of a desire for partisan there is nothing partisan about voting
privilege it is to have the opportunity rights.
advantage and knowing that once we
to make this speech in front of you, the Senator MCCONNELL said:
break it and Republicans take it back,
fifth longest serving Senator in the his- [O]ur country will and must continue its
we are going to use it the same way.
tory of the U.S. Senate—somebody who progress toward a society in which every per-
This is wrong. This is wrong for our
has been in the Senate for 46 years. I son, of every background, can realize the
country. It is wrong for our institution.
was 11 when you came to the U.S. Sen- American Dream. With the passage of the
I suppose that is why 16 of my Demo- Voting Rights Act, we are reaffirming that
ate, and I am not a young man any-
cratic colleagues signed a letter last Dream.
more. I am 57 years old.
year—when, by the way, Republicans
Mr. KING. You are young. He was right back then when he said
were in control—saying that we should
Mr. BENNET. Somebody said: ‘‘You that, but today, he is leading the
preserve the filibuster.
It was recently stated that there is a are young.’’ Only in the U.S. Senate blockade.
disease of division infecting our coun- would that be true. There are 16 Republican Senators
try. That is true. And blowing up the But I know the Presiding Officer, here who voted for the Voting Rights
filibuster removes one of the last who is the chair of the important Ap- Act back then in 2006, and today, they
things that make us come together. propriations Committee, is retiring are all part of this blockade. What has
That is wrong, and that will be tragic, this year. I was sitting here as I was changed? What has changed?
however—however—it is framed. getting ready to speak, thinking that One of the things that changed was
I yield the floor. you have seen it all, Mr. President. the Supreme Court’s decision in the
The PRESIDENT pro tempore. The You have seen it all. Shelby case that eviscerated the Vot-
Senator from California. Unlike almost anybody else in this ing Rights Act by getting rid of
Mr. PADILLA. Mr. President, I re- Chamber, you have actually seen a preclearance for States that had his-
quest a brief opportunity to respond functioning U.S. Senate. You have seen torically discriminated against Afri-
since my name and my State were in- the Senate where the floor was filled can-American people, among others.
voked by Senator CASSIDY on this—you with people having a debate; where fili- But do you know what is interesting
have got to give Republicans points for busters actually had to happen out in about that, I say to the Presiding Offi-
creativity on their terminology—some public, not in secret in a Senator’s of- cer? The Supreme Court said in that
type of ballot harvesting. Let me tell fice; where people were not spending 80 decision that Congress can fix this
you specifically what he is referencing percent of their time in call rooms problem. We have a constitutional
because, again, different States have fundraising instead of being out here problem, but Congress can fix this
different rules and different histories. on the floor doing the American peo- problem.
In my speech, I talked about vote-by- ple’s business, as Senators will see; That is exactly the same thing they
mail. In California, we have seen the that actually passed important pieces said, by the way, when they wrote that
wisdom of every eligible voter auto- of legislation that made a difference to horrendous decision in Citizens United.
matically receiving a ballot in the mail the American people and made our They said that Congress can fix this
with multiple options for how to return country more competitive, made us problem. But they may not have de-
ctelli on DSK11ZRN23PROD with SENATE
their ballot, including in person if that stronger. You are one of the last people tected the paralysis that now exists—
is their choice, through the Postal here who saw a Senate that worked not in PAT LEAHY’s Senate from when
Service if that is their choice, through like that. the Presiding Officer got here but in
ballot drop boxes if that is their choice. The Republican leader has been here MITCH MCCONNELL’s Senate today, in
If, after all that—in-person early vot- long enough to have seen a Senate that the modern-day Senate where people
ing, election day, vote-by-mail, Postal worked like that. are willing to let a decision like Shelby
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S298 CONGRESSIONAL RECORD — SENATE January 19, 2022
just lie, not address it; where people ber of drop boxes that they have in But it is important to know that one
are willing to accept a decision like Houston. place the filibuster does not exist is in
Citizens United that says that we are After Georgia’s Republican secretary the U.S. Constitution. For most of the
going to let billionaires buy elections of state refused to buckle to President country’s history, we never had the fil-
in this country instead of favoring peo- Trump’s demand to find, somehow, an- ibuster. It was almost never used until
ple’s right to vote. And we, the Con- other 11,000 votes—you remember the the modern era.
gress, won’t do anything about it even phone call. I am not making it up. You When I got here in President Obama’s
when the Supreme Court tells us we heard it with your own ears. first term, the Republican leader,
could do something about it. He called him up, and he said: Well, MITCH MCCONNELL, used the filibuster a
I think it is worth quoting the Noto- find 11,000 votes. record number of times. He filibustered
rious RBG in her dissent in that case, The guy said: No, I am not going to everything in his attempt to first make
in the Shelby case, when she said that do that. Barack Obama a one-term President
‘‘throwing out preclearance when it Now the legislature has removed him and then basically to bring down his
has worked and is continuing to work from the State election board. Presidency.
to stop discriminatory changes is like So this isn’t just about making it He came out to the floor the other
throwing away your umbrella in a rain- harder for people to vote, although it is day and he said: ‘‘Sometimes the effect
storm because you are not getting making it harder for people to vote; of the filibuster is to block bills out-
wet.’’ this is shoring up the soft spots that right.’’ Sometimes? Sometimes? It
She was 100 percent right. State after prevented Donald Trump from being happens all the time. This is why we
State after State started to adopt re- able to assert, credibly, that somehow never do anything. This is why we
strictive voting statutes. the election had been stolen from him. can’t make decisions. This is why we
Last July, the Supreme Court issued So 1 year after January 6 happened— can’t even have debates.
another opinion that makes it harder 1 year after this Capitol was invaded, 1 The American people have no idea
to challenge State laws that dispropor- year after there was a guy in horns whom to blame. They don’t know be-
tionately hurt certain voters. standing up on the top of that Gallery cause no one in America knows what
By the way, none of this could have behind me—the majority leader who the cloture rule is. And when they
come at a worst time because we have once came to this floor to proclaim the elect a majority and they expect things
a former President traversing the importance of the Voting Rights Act is to get done, they don’t get done.
United States of America, perpetrating saying that this is all a ‘‘fake panic.’’ Senator MCCONNELL argues that the
the Big Lie that he didn’t lose the elec- That is the language he used today. filibuster ‘‘gives all kinds of citizens
tion, that the election was stolen from Boy, given what we are seeing in this and all kinds of States a meaningful
him, that Joe Biden is not the legiti- country, if we ever needed him to sum- voice in nearly everything we do.’’ We
mate President of the United States. mon the principle that he articulated have heard that over and over again
There are politicians, I am sad to say, or espoused in 2006, Mr. President, today—the voice that somehow we are
elected leaders all over this Nation, when you were here, it is now. It is shutting out.
who are parroting—including in this now. That is an important principle to I haven’t met anybody who thinks
Chamber—that Big Lie when they defend. that their voice is meaningfully rep-
know that it is a lie, when they know So he comes to the floor today and resented in the U.S. Senate instead of
that it is false, who are unwilling, as says: I am going to defend the Senate. special interests or the most powerful
MITT ROMNEY said, to respect their own That is what I am here to do. I am here people—nobody—and it is because we
voters enough that they actually tell to defend the Senate. can’t have a debate on anything they
them the truth. Let me say something that might of- care about.
In every State except one—I say to fend you, Mr. President. And I don’t Take background checks. Eighty-four
Senator LEAHY, it is your State, mean to offend you, and I apologize if percent of voters, including 77 percent
Vermont—in every State except yours, it offends you. But no one in America of Republicans, support them. We can’t
people are introducing legislation to knows what the cloture rule is. No one. even have a debate on the floor.
take away the vote of other people. No one in America. My mom doesn’t Let Medicare negotiate drug prices
There are 500 such bills. know what the cloture rule is, and she on behalf of people. Seventy-seven per-
Arizona has adopted changes that is a pretty close watcher of the Senate. cent of the American people support
would purge up to 150,000 voters from No one knows what the cloture rule is. that. We can’t even have a debate here.
the rolls. No one in America knows, I would as- Seventy-four percent of people sup-
Montana has gotten rid of same-day sert, what the filibuster is. But let me port the Dreamers—something Senator
voter registration to make it harder tell you what it is—not what it says; DURBIN has been working on for a mil-
for students. what it is. It is a rule that was created lion years since you have been here?
Texas is down to one drop box per to let 60 Senators cut off debate so 51 Mr. DURBIN. Two million.
county. In Harris County, a county—I Senators could make a decision that Mr. BENNET. And we can’t get a
am sorry to say to my friend SHELDON has been warped into a rule that allows vote on that.
WHITEHOUSE—that is actually larger 41 Senators to stop any debate and pre- The Freedom to Vote Act. Seventy
than Rhode Island, that means there is vent the Senate from ever having a percent of all voters, including 54 per-
a drop box for 2.5 million voters. vote. cent of Republicans, support it.
Mr. WHITEHOUSE. Thank you for That is what the cloture rule is. That All of them have been blocked by
using us as a unit of measure. is not what it says, but that is what it Senator MCCONNELL and his abuse of
Mr. BENNET. I am glad to use Rhode is, which is why every time you turn the Senate rules—not some great, ven-
Island as a unit of measure. It is also your television set on at home, you see erable tradition of the U.S. Senate but
smaller than a number of Colorado a crawl at the bottom of your screen his modern-day abuse, his caricature of
counties, but it has its charm. It has that says ‘‘Quorum Call,’’ and you the Senate rules. And it has created a
its charm. It has water, which we don’t can’t find a U.S. Senator anywhere be- minority veto—something that the
have in the State of Colorado. cause they are probably back in a Founders of this country would never
But just let me say—because I am phone booth making fundraising phone ever in a million years have imagined
here with my colleague from Colorado calls. that this place would be perverted into.
who, when he was Governor, did a lot Until this century, there was vir- They knew the trouble that would
to make sure that people would have tually not any filibuster used. cause because they had had the Arti-
ctelli on DSK11ZRN23PROD with SENATE
the right to vote in our State—in con- By the way, I should say how much I cles of Confederation, which is what
trast to Houston, where there is 1 drop appreciate Senator THUNE coming to they were trying to replace at the Con-
box, in my hometown of Denver, where the floor here today and saying that stitutional Convention.
there are 500,000 registered voters, we President Trump lost the election. I I am coming to an end, so I apologize
have 40 drop boxes in Denver. We are a appreciate it. I really do. He is an hon- to colleagues. But let me just say, none
lot smaller. We have 40 times the num- orable person. of this has stopped us from cutting
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S299
taxes by $8 trillion, mostly for the Each time in our country’s history, President Trump. The fact that DeJoy
wealthiest people in this country, and crises forced the Senate to fundamen- had supported President Trump’s elec-
none of this has stopped us from put- tally change the way it worked, and tion was just enough for the other side
ting lots of rightwing judges on the each change has led to meaningful to concoct a highly implausible elec-
court when Donald Trump was here be- progress, including clearing the way tion-tampering plot.
cause you can do those things with 51 for the passage of the 14th and 15th Now, after the election of President
votes. That is about the extent of Sen- Amendments to emancipate and en- Biden, we heard no more about the
ator MCCONNELL’s legislative agenda, franchise former slaves, sweeping anti- problems of the Postal Service maybe
so I am not surprised that he prefers trust reforms, and long-delayed legisla- not delivering mail. The necessary
the status quo. But for the majority of tion to protect civil rights. business transformation initiated by
Americans who believe that the next The bottom line is that the Senate Postmaster General DeJoy to make
generation actually demands some- rules are not suspended in amber, espe- sure that the ballots did arrive to be
thing greater than that from the Sen- cially when they are being abused the counted on time—that business trans-
ate and from all of us, from each of us, way they are being abused today. They formation resumed after an election
we need a Senate that works. can and they always have changed with pause to allay irrational fears stirred
Mr. President, think about this. the times. up by partisans. We have heard pre-
Think about this. It is easy to forget. Finally, let me say this: As we con- cious little about this alleged threat to
The Clean Water Act of 1972 passed 74 sider these reforms, the last thing we democracy since the election. Now, had
to 0. should do is make another House of the election gone differently, I suspect
By the way, I worked with the Sen- Representatives. That is not what I that we would have heard a lot more.
ator from Louisiana on that surprise want to do. I want to have a Senate However, the effect of that scare tac-
medical bill. I am proud of that bill, where you have to come out here and tic still lingers to this very day. Along
but it is not the Clean Water Act of debate; where you can’t filibuster in se- that line, I hear from Iowans who
1972. cret in your office but you have to be dropped off their absentee ballots for
The Americans With Disabilities Act out here to persuade the American peo- the first time, scared that their vote
of 1990, 91 to 6; the children’s health in- ple of the righteousness of your cause; would not have been counted if mailed
surance plan, 85 to 15 in 1997; com- where the minority has the right to because of that conspiracy theory
prehensive immigration reform—we offer amendments; and where, in the against DeJoy that somehow the Post-
were part of that effort—68 votes in the end, 51 Senators can actually make a al Service was going to make sure a
Senate before it completely collapsed decision so that we can move this Democrat ballot didn’t get delivered.
into smithereens; and, of course, the country forward and so that each one My State of Iowa is one of the few
reauthorization of the Voting Rights of us, whether we are in the majority States that use the Postal Service’s In-
Act. Does anybody think—Mr. Presi- today or sometime in the minority, can telligent bar code on ballot envelopes.
dent, do you think that any of those live under the rules that we have con- That helps the Postal Service expedite
bills would pass with a bipartisan ma- structed to make the Senate actually the ballots and allows Iowans to track
jority like that today? Not a single function for the American people. their ballot until it is delivered to the
one. We wouldn’t even get to the vote. That, Mr. President, I think is why county auditors. Iowans continue to be
We are still on a temporary budget. I most of us have been sent here, and it able to vote absentee with great con-
don’t need to tell you, the chairman of is what I hope we are going to accom- fidence that their vote will count.
the Appropriations Committee, that we plish today. If we don’t, we have to So it makes me very sad that some
haven’t passed any of the 12 appropria- keep fighting. were convinced otherwise as part of a
tions bills this year. We have taken The Senator from Louisiana men- political con game prior to the 2020
three times as long to confirm Presi- tioned that this isn’t 1965. Let me end election. This denigrating of our elec-
dent Biden’s nominees—103 days—com- by saying this: The economic gap be- tion process for short-term political
pared to President Reagan. This is no tween White Americans and Black gain is disgraceful.
way to compete in the world, Mr. Americans is as great today as it was Now, I see the current false claims
President. This is no way to compete in 1968. That is a brutal fact about the about State laws suppressing votes in
with the Chinese Government’s totali- state of our economy, and it is why we the same light. Whether Democrats be-
tarian approach to humanity. need a Senate that actually can re- lieve their own talking points or
I know we can compete, but we have spond to the needs of the American whether it is a cynical attempt to
to restore the Senate, and the most people. paint Republicans as anti-voting, these
basic part of our job is protecting the With that, Mr. President, I thank you false claims undermine faith in the de-
right to vote. That is why we are here. for your patience and your indulgence. mocracy.
Every American should be able to vote I apologize that you are having to con- I yield the floor.
like we do in Colorado, thanks to my sume part of your last year listening to The PRESIDING OFFICER (Ms.
colleague from Colorado, Senator a yearslong speech. ROSEN). The Senator from Ohio.
HICKENLOOPER, and what he did when With that, I yield the floor. Mr. BROWN. Madam President, I
he was Governor. The PRESIDENT pro tempore. The would like to go back a little further in
As Dr. King said, ‘‘The history of our Senator from Iowa. history than last year’s warmed-over
Nation is the history of a long and tire- Mr. GRASSLEY. Mr. President, to conspiracy theories that we just heard
less effort to broaden . . . the franchise hear the other side talk—by ‘‘the other my friend from Iowa talk about.
of American citizens.’’ That is what side,’’ I mean the Democrats—they I so appreciated Senator BENNET’s
this bill is about—to broaden the fran- would never dream of questioning our discussion of sort of the history of vot-
chise of American citizens. democratic process. So I want to take ing rights and the history of this body.
If we look back at our history, this is you back in history just a little ways The American public certainly doesn’t
only the latest example of how the to just before the 2020 election. know what cloture means. The Amer-
Senate has impeded American progress, Let’s not forget the outlandish con- ican public really doesn’t know all that
and it wouldn’t be the first time that spiracy theory promoted by leading much about the filibuster either.
the Senate rules were changed in re- Democrats in the runup to the 2020 But go back a few decades. The fili-
sponse to that. election that somehow the Postal Serv- buster was used to suppress the vote.
Before the Civil War—a time even be- ice might not deliver absentee ballots. The filibuster was used by many people
fore you were in the Senate, Mr. Presi- Postmaster General DeJoy was slan- in my political party—back when too
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dent—the Senate sheltered the minor- dered and slandered disgracefully based many Democrats were on the wrong
ity interests of slaveholders on this on no evidence whatsoever of any side of history and the wrong side of
floor. After the war, it enabled monop- wrongdoing. The Postmaster is hired civil rights—was used by southern seg-
olists and robber barons and isolation- by the Board of Governors of the Post- regationists. It was finally overcome
ists to profit from the misery of the al Service. He was neither appointed by by some northern Republicans, with a
conflict and its aftermath. President Trump, nor did he answer to whole bunch of northern Democrats.
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S300 CONGRESSIONAL RECORD — SENATE January 19, 2022
But think about what else the fili- mean all workers, whether you punch a We know whose votes these politi-
buster has been used for. The filibuster clock, whether you swipe a badge, cians want to throw out after they are
was used in the 1970s and 1980s to pro- whether you work for tips, whether you cast. We know which cities the former
tect Big Tobacco in Kentucky. The fili- are on salary, whether you are raising President went after. One is Philadel-
buster was used to protect Big Oil. children, whether you are taking care phia, PA, Senator CASEY; and Atlanta,
Now, it is used to protect Wall Street. of aging parents. GA, Senators OSSOFF and WARNOCK.
The filibuster is used to protect big We know who powers our economy. It What do they have in common? They
tech companies. The filibuster is used is workers. It is not the rich donors and are diverse places with a whole lot of
in case after case after case to protect the corporate contributors who fund Black and Brown workers who cast bal-
big drug companies. So we know that the politicians who are pushing for ger- lots that the rich and powerful don’t
the whole purpose of the filibuster has rymandering and voter suppression in like.
been to protect the most affluent, the the takeovers of local election borders; Ultimately, as others have said, it
most privileged, the wealthiest cor- it is workers. comes down to this: These politicians
porate interests in this society that I think about what we did in the Sen- want to cherry-pick their voters rather
just get their way in this body day ate last week—with some difficulty, than the voters picking their elected
after day, week after week, month but ultimately, it worked. We unani- officials. Through gerrymandering,
after month, year after year. mously passed a resolution honoring through voter suppression, and through
Now, this weekend—and many re- the custodians and the maintenance meddling in local election boards, poli-
ferred to this—we honored Dr. Martin workers. We had talked often about the ticians want to pick and choose whose
Luther King. We heard a lot of words police officers, some of whom gave votes are counted.
extolling his legacy. Those words from their lives and dozens who were in- President Trump carried my State
many who are for whatever reason not jured, all who were courageous. We twice by 8 points. My State, though, is
supporting voting rights today—those honored them, as we should. We also, about a 53, 54, 46, 47—slightly Repub-
words sounded pretty empty. last week, though, passed a resolution lican State now. For the last decade,
Few people told the story of Dr. King honoring custodial workers and main- the Members of Congress in my State—
in Memphis, why Dr. King was in Mem- tenance workers. They get little rec- 12 Republicans and 4 Democrats in 2012,
phis. ognition. They work for too low pay. in 2014, in 2016, in 2018, and 2020. None
In early February of 1968, sanitation Last January, 1 year ago, these work- of that changed. Not one of those dis-
workers in Memphis—some of the most ers—largely Black and Brown workers, tricts changed because Republicans,
abused, taken-advantage-of workers in many of them immigrants—were forced with their corruption and with their
our country; mostly Black workers to clean feces off the wall, clean up skill at drawing maps, drew those maps
doing a dirty, difficult job in a seg- after the destruction of the White su- in ways that there were no real fair
regated city with a very racist mayor, premacists, and restore dignity to our elections.
who let that be known in the ensuing Capitol after domestic terrorists ran- We know whose votes they don’t
months—these sanitation workers were sacked it. The insurrectionists de- want to count. It is the votes of the
not even given rest periods, particu- stroyed; the Black and Brown workers low-paid and the overlooked; the votes
larly when they were in White neigh- cleaned up. The carpenters and the of workers who power this country yet
borhoods. There was nowhere to go maintenance workers and the painters don’t have much power; the votes of
when they were picking up the garbage union members all rebuilt. Last week, people who might hold politicians ac-
in White neighborhoods. There was no we came together to honor their serv- countable, who might demand fewer
place to go for the rest periods. ice. They deserve more than words, tax cuts for rich people and an increase
Two workers in early February, in a more than gratitude. in the child tax credit and the earned-
rainstorm, got in their garbage trucks So often, they and other working income tax credit, the largest tax cut
to protect themselves from the rain for people don’t have much of a voice in for families in our Nation’s history.
a few minutes. The garbage truck mal- this country. They don’t have the high- Ninety percent of families in Colo-
functioned. Those two workers—under- priced lobbyists who come here. Many rado, in Georgia, in New Jersey, in
paid, with no real benefits and no in- of you have looked down the hall and Ohio, and all over this country—90 per-
surance and no help for their families— seen, in front of Senator MCCONNELL’s cent of families with children get at
those two workers were killed. office—you have seen the lobbyists least a $3,000 tax cut because of what
Dr. King went to Memphis the first lined up, who always seem to get what we did in this body when we said: No
time to help lead that strike, to join they come for. Workers don’t have cor- more Republican freight trains car-
the striking workers. The second time porate lobbyists. They aren’t going on rying tax cuts down the track. We are
he went back, that is when he was as- campaign donor retreats. But workers going to give tax cuts to moderate-in-
sassinated. have the vote or should have the vote. come people and working families.
Dr. King understood that the dignity The voting booth is where all of us The votes of people who hold politi-
of work was intertwined with voting are supposed to have an equal voice. cians accountable, the votes of people
rights. Worker rights and voting rights The voting booth is where workers are who understand the dignity of work—if
always went together. Dr. King in- supposed to be able to go to hold the you say you support American work-
sisted that no job is menial if it pays a wealthy and the powerful accountable. ers, you support their right to vote.
decent wage. Those sanitations work- So it is not surprising that politicians I ask my colleagues of both parties to
ers, as I said—low wages, no benefits, who pass corporate tax cuts—the same come together to protect the right of
no health insurance, no retirement— politicians who do the handouts for the every American to have a voice in this
none of that—and few days off. wealthiest 1 percent—don’t want lots country no matter who you are, no
Dr. King said: of workers to vote. matter where you work, no matter
What does it profit a man to be able to eat We know whom voter suppression where you live.
at an integrated lunch counter if he doesn’t and election subversion is aimed at. It I yield the floor.
earn enough money to buy a hamburger and is at the parents working two jobs to The PRESIDING OFFICER. The Sen-
a cup of coffee? pay the rent and make sure their kids ator from North Carolina.
He talked about the dignity of have a decent meal, with no control Mr. TILLIS. Madam President, I did
work—a term mostly popularized by over their work lives and their work not intend to speak today. I came down
him—and he said no work is menial if hours if they don’t have a collective here and listened to the speeches of
it pays an adequate wage. bargaining agreement. It is students. It some of my colleagues for 2 hours this
ctelli on DSK11ZRN23PROD with SENATE
Until all workers have dignity in the is people who don’t get a day off. It is morning and asked for an opportunity
job, Dr. King’s work will remain unfin- seniors in nursing homes. It is home to get on the list of what are nearly 50
ished. We can’t get there if workers healthcare workers who care for them. Senators who are going to speak today.
cannot vote. I don’t mean just workers So often, these are women of color, But I heard loud and clear some of the
who put on a tie and sit at a desk; the working the graveyard shift after com- comments. I just wanted to go back
vote should be open to everyone—I ing straight from their second job. and revisit them and talk about maybe
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S301
the path forward after this vote occurs base—we have got our own—on things istration last year, but they did. The
today and, I hope, fails to change the that are not good for this country that voters went to the polls. And I am re-
filibuster rule. the vast majority of the American peo- minded of you saying the legislature
I think Senator TESTER was the one ple will not support. We will go to an overturned it. So now, it is the legisla-
who said he knew of a voter who waited every 2-year or 4-year cycle of huge ture in New York that is going to over-
8 to 10 hours to vote. That is unaccept- swings for the first time ever in this turn 58 percent against same-day reg-
able. We need to change that. Nation’s history. istration and 54 percent against no-ex-
I would also say that probably over I hope that last week most of you cuse absentee ballot?
that 8 to 10 hours, they run a long had the opportunity—I was in the I have got no-excuse absentee ballots
line—far beyond any restrictions they Chamber, but if you weren’t, I would in North Carolina. I think we should
had for electioneering—so they could ask you to go back and listen to Sen- encourage more States to do the same.
have food and water. ator SINEMA’s speech. Some people So where does this need to head?
Some people could have heard that would have just spiked the football on After tensions cool and after what I
speech and thought that someone was our side of the aisle saying: It looks hope is a failed vote to change the
starving or thirsting to death for 8 or like she will preserve the filibuster. We rules—and, incidentally, the day that
10 hours, but we all know that most can move on. Republicans change the rule for the
States have laws that allow anyone to What I heard was a Member calling legislative filibuster is the day I resign
provide food or water to others 50 feet on us to bridge the gap and make from the Senate. And I believe that I
away from the election sites. progress. That is what I heard. And on have a number of Members on my side
I know if you have ever been in elec- voting rights, I think we can. I think of the aisle that would never do it. So
tions, you have been there too. I have the American people need to know that you don’t have to worry about the ar-
been there handing out my push card, if this fails today, it is not the end of gument, ‘‘If you don’t change it now,
50 feet out, handing people water. That the discussion of progress we need to they will change it when they hit the
happens every day. The American peo- make. trifecta.’’ It is not going to happen.
ple need to know that. And if there are My staff said: We don’t want you to Senator KAINE, I think I was naive.
States that have restrictions, that is put this board up because we are afraid When I signed that letter—after Presi-
something I hope I have a moment to that will tip your hand on things you dent Trump called for nuking the fili-
talk about as we move forward. are having discussions on. buster 34 times—I said: Get me on the
We also heard Senator KLOBUCHAR I have had a number of discussions letter to preserve the filibuster.
say that, 160 times, the rules have with Members on the other side of the I went home, and I was attacked. I
changed. The fact of the matter is, aisle. We have legitimate problems have had the protesters. I have had the
they have never changed for the legis- that we need to fix. We need to make it censure proposals in county GOPs and
lative calendar, which is what we are harder to cheat and easier to vote. We State GOPs. And I stand by it and I
talking about, without regular order. need to reform the Electoral Count will stand by it as long as I am here.
It happened seven times, and it hap- Act. With all due respect to the major- But I have to say I feel a little bit dis-
pened because the majority of Mem- ity leader, I think that he said it is un- appointed and a little bit betrayed by
bers, Democrats and Republicans, acceptable and insufficient and even of- the fact that the 32 Members who
thought that we should modernize the fensive, because he said: ‘‘Scorekeeping signed it on the Democratic side, all
rules. But we did it through regular matters little if the game is rigged.’’ but one now say, Well, things have
order. It has never been done before. ‘‘If the game is rigged’’—that sounds changed. They haven’t changed. And
In fact, in two notable examples like what President Trump was saying we can’t let this filibuster change. We
where the nuclear option was used was just about 18 months ago. Now, we have need to work on making it easier to
once by then-Majority Leader Harry both sides of the aisle talking about vote. We need to work on making it
Reid and followed up by then-Majority how ‘‘the game is rigged.’’ harder to cheat.
Leader MITCH MCCONNELL. If that is What we are doing is creating more There are reasonable solutions that I
not the best indicator of what will hap- discontent, and we are actually sup- think most sides of the aisle can agree
pen to this body, nothing is. pressing people’s interest in voting be- to. And the American people need to
Remember when Senator Reid said: cause they think their vote won’t know that there are people like me and
We are just going to carve out a little count. That is what is being said in other Members that are going to fight
bit of the Executive Calendar to make this Chamber today. That is what we for that after this vote hopefully goes
it easier for district judges to get con- have to stop. There are a number of down today.
firmed. That is all we are going to do. things that we can do. Let’s not build a wall between our
Why on Earth does anybody believe I voted against all of the objections Chamber. Let’s continue the relation-
that that carve-out wasn’t going to re- of my seven Republican colleagues on ships that we have. I had five conversa-
sult in the ultimate nuclear option for January 6. I stand by proud. I was tions with Members on the other side
the Executive Calendar? That is why proud to certify that election. But of the aisle this morning, talking about
you have Justice Gorsuch, Justice since 2001, the Electoral Count Act has legislation we are working on, a visit
Kavanaugh, and Justice Barrett. That been weaponized. You had 14 House to North Carolina to spend some time
is why you have it. This is the political Members object in 2021. You had 31 together outside of the political caul-
physics here. For every action, there is House Members and a Senate Member dron that we are in here now, helping
an equal and opposite reaction. object in 2005. You had 7 House Mem- somebody out with a vote in Judiciary
And if you vote to nuke the legisla- bers object in 2017. And we had 138 for a judicial nominee that you other-
tive filibuster, you might as well build House Members and 7 Senate Members wise may be inclined to vote against.
a wall straight down this body because object in this last election. It has But let me tell you what. If you want
anytime Democrats or Republicans hit clearly become weaponized. We clearly to destroy that opportunity moving
the trifecta and we have the White have to make it clear that the Vice forward, vote to nuke the filibuster;
House and we have the Senate and we President is in a ministerial position, vote to have any rational basis for
have the House, the minority’s voice and there should be a higher bar for working with Members when one of us
will count for nothing. And, even lodging an objection. hits the trifecta.
worse, the voices of the vocal minority There are other things that we can But I do hope, after this vote fails
at either end of the political spectrum do. The certifying agencies across the today, that Members will answer the
will have a disproportionate impact on States should say: You can’t change call to fix what is wrong with our sys-
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what we vote on and pass out of this the rules after the election is held. tem, fix the Electoral Count Act, make
body. That is what we should be talking it easier to vote and harder to cheat.
If you think it is hard getting the about. We should be talking about The PRESIDING OFFICER. The Sen-
voting rights bills passed today, just making it easier to vote. ator from Oregon.
think how hard it is going to be for you I don’t know why New York rejected, Mr. WYDEN. Madam President and
to stand down your most extreme by a 58-to-42 margin, same-day reg- colleagues, I am going to talk for just
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S302 CONGRESSIONAL RECORD — SENATE January 19, 2022
a few minutes about vote-by-mail. I counts has mail-in balloting for nearly have in this country, and that voting
think Senator KLOBUCHAR will prob- all of their voters. We have seen this right is, when you are voting, to know
ably be joining me. across the country. what the hell is going on around you in
Madam President and colleagues, I Today, 34 States allow any voter to that election, to know who is saying
am the first U.S. Senator to be elected request a mail-in ballot. During the what, to know who the players are
completely by mail. The second U.S. pandemic, 45 States actually allowed around you. If we are supposed to sit
Senator elected completely by mail this to happen without an excuse. What here, as Americans, and just act like
was my friend, Republican Gordon happened during the pandemic is that indolent consumers, passive in this de-
Smith, a Senator well known to many we saw 11 States that didn’t typically mocracy, that is not the way it is sup-
here in this body. allow all voters to request a mail-in posed to work. Citizenship is an office,
The country looked up and its first ballot do so. and that office has duties, and the du-
experience, colleagues, with vote-by- Sadly, 10 of them have already start- ties include being informed of what is
mail was thoroughly bipartisan—one ed rolling this back for the next elec- going on around you.
Democrat, one Republican, who, as it tion. We know that this is a really safe And what is stopping American citi-
happened, after running against each and good way to vote, whether there is zens from knowing what is going on
other, got along very well and did a lot a pandemic or there isn’t a pandemic. around them is the cascade, the tor-
together. And the key is voters got used to it, rent, the Nile River of dark money that
As the country began to get its arms they liked it, and attempts to roll this has begun to flow into our democracy
around vote-by-mail, it was bipartisan back and to make it harder to vote are since Citizens United.
and the bipartisan efforts to build on it the wrong way to go for our country. It wasn’t enough that the Republican
really took off. They took off all across And, instead, we should be assuring Members of the Court let unlimited
the country until President Donald everyone that regardless of their ZIP money flow. They then had to refuse to
Trump got elected and began to spew Code, regardless of their State, they react when that unlimited dark money
all these lies about vote-by-mail. So should be able to vote by mail. went underground, when it went dark,
then something that was completely Thank you for the question.
Mr. WYDEN. Madam President, let when it became anonymous.
bipartisan suddenly became very par- They have had chance after chance to
me close very quickly.
tisan. What I want to do is rebuild that The fact is, we can bring about the fix it and they refuse and we are left
bipartisanship. My colleagues seem to bipartisanship that many of my Repub- with this mess. It matters that citizens
say that is what they want. And the lican colleagues have been talking know who is talking in a democracy.
fact is, vote-by-mail is the gold stand- In my circuit, the First Circuit Court
about over the last 41⁄2 hours. It is do-
ard for casting an informed vote, par- of Appeals—where JACK REED and I
able. It is possible to do it in a way
ticularly for working people, seniors, have the honor, occasionally, to rec-
that builds on a practical gold standard
and others, who would like the time, ommend nominees to the President—
for informed voting used in Oregon,
the opportunity in their living rooms there is a judge who I believe is the
used in bright-red Utah, and it is what
and their kitchens, to look at the bal- dean of the First Circuit Court of Ap-
we had until 2020, when Donald Trump
lot and consider the various alter- peals named Bruce Selya. He is a
tried to preempt the progress we were
natives. Rhode Islander. He was a Reagan ap-
making because, in every rally, he
And in that effort now to undo the pointee. He is a Republican. He is a
would talk about all this fraud, for ex-
damage done by Donald Trump to vote- very distinguished judge. And he has
ample. Fraud, Madam President—the
by-mail and in the name of restoring said: It is crucial that the electorate
last analysis of fraud in Oregon is
bipartisanship, which is what it is all can understand who is speaking and,
0.00001 percent of all votes cast.
about—and I can just tell my col- So we can get back to what the Re- thus, to give proper weight to different
leagues, our late secretary of state, publicans have been talking about over speakers and messages when deciding
Dennis Richardson, used to say he was the last 41⁄2 hours, but the way you are how to vote.
about the most conservative person going to have to do it is they are going That crucial right is denied to Amer-
who ever lived. He basically told Don- to have to go to Donald Trump and tell icans wholesale because of an unprece-
ald Trump to go fly a kite when it him: Look, we just don’t agree with dented dark money campaign of inter-
came to vote-by-mail. Dennis Richard- you on this. ference in our democracy.
son, our late secretary of state, a And that is the kind of leadership You see it whenever it is election
staunch conservative, said the reality that we need. We saw it in Oregon. We season. You are watching a television
is there hadn’t been fraud; it worked saw it in Utah. We have seen it now show and suddenly your TV screen is
very effectively. You are off base. from sea to shining sea. That is what it occupied by an advertisement that
So in the hope of being able to re- is going to take. tells you that somebody is a bum, that
store that bipartisanship, I want to ask I want my Republican colleagues to somebody is no good, that somebody is
a question of the distinguished chair of know that we will meet them more terrible, that smears them. And at the
the Rules Committee. Then, I will wrap than half way, but they are going to end it says, ‘‘This advertisement was
up very quickly, and we can move on. have to start taking on Donald brought to you by Americans for peace
But we have had an awful lot of revi- Trump’s lies on these issues if we are and puppies and prosperity,’’ some
sionist history with respect to vote-by- going to have that bipartisanship that completely imaginary group that was
mail. my colleagues have been talking about cooked up just to launch those adver-
Senator KLOBUCHAR, I know the this morning. tisements, and whatever filth those ad-
Rules Committee, under your leader- The PRESIDING OFFICER. The Sen- vertisements contain is then dis-
ship, has dug into the history. Utah— ator from Rhode Island. appeared with the end of that front
bright red Utah—votes by mail. Sen- Mr. WHITEHOUSE. Madam Presi- group.
ator KLOBUCHAR, take us through that dent, this past weekend is our annual It is the political equivalent of toilet
history and then I will close. reminder as a country of the courage, paper. You flush it when you are done
Ms. KLOBUCHAR. Thank you, Sen- suffering, sacrifice, passion, love, and with the filth, and whoever is behind it
ator WYDEN. energy that so many of our fellow keeps their hands clean.
I want to thank you. Oregon was the Americans put into protecting our de- So we now have a tsunami of slime—
first to use vote-by-mail for a Federal mocracy. as one writer put it—flowing through
election. Although, I think Senator When in a democracy, one group of our country, and it is denying our citi-
PADILLA, a great member of the Rules citizens can deliberately, purposefully zens the most fundamental right they
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Committee from California, would tell make it more difficult for another have when they vote, which is to know
you, in fact, that California and Wash- group of citizens to vote, they have put who the actors are and who is doing
ington first allowed any voter to re- a dagger into that democracy. We can- what to whom.
quest a mail-in ballot in the 1970s. not let that happen. Well, in this bill is the DISCLOSE
But since then, what has happened? I am here today to focus, in par- Act that would fix that. If you spend
Utah, considered a red State by all ac- ticular, on one voting right that we more than 10 grand in an election, you
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S303
have to report it. And I don’t care how behind them. And that is on tape. I am leader on this issue. It doesn’t get
many shell corporations and donors not making this up. enough attention. It is very much part
trusts and phony 501(c)(4)s you line up The other one that is always worth of our bill, the Freedom to Vote Act. It
to blockade your identity, our bill will looking at are our friends at the Hon- is universally or virtually universally
get through it. est Elections Project, which actually supported, and it is one of the great
It superdrills through however many doesn’t exist. What exists is something scourges of our politics.
screens you put up, and the American called the 85 Fund. And the 85 Fund is If we don’t move forward on these
public will, at last, once again, know allowed, under Virginia law, Senator bills, we are not going to be able to do
who is really talking to them in their KAINE, to have a fictitious name and to this because we will not get the kind of
elections. Dark money takes away vot- operate as if it were operating under bipartisan cooperation we need on this
ers’ rights to know who is talking to its fictitious name. horrible, horrible thing that I think all
them and what is going on in their de- And it has several, one is the Judicial 50 of us agree should be changed.
mocracy. It is a fundamental right. Crisis Network, which we all know So I want to thank him for his ef-
And, unfortunately, it doesn’t end helped stock the Court with rightwing forts—not just his speech today but his
there because the other rights that my judges, but another one is the Honest amazing efforts over the months and
colleagues have so eloquently talked Elections Project. The Honest Elec- years.
about—to get to the ballot, to be treat- tions Project and the Honest Election Mr. WHITEHOUSE. Thank you,
ed fairly at the ballot, to not be har- Project Action are the pair that work Leader. Much appreciated.
assed on the way to the ballot, to be on this. The PRESIDING OFFICER. The Sen-
able to get a ballot mailed to you—the Money has poured into this effort, ator from South Carolina.
Republican efforts around the country and the Honest Elections Project has Mr. SCOTT of South Carolina. Thank
been smack in the middle of it. In 2012, you, Madam President, for the oppor-
to attack those rights, to suppress
77 percent of its money came through tunity to talk about something really
votes those ways, do you know how
donors’ trusts, which is a great iden- important to all Americans but specifi-
that is being done? It is being done
tity-laundering device for rightwing cally important to Americans from the
with dark money.
dark money; in 2013, 96 percent; in 2014, Deep South who happen to look like
We know it because they have been
88 percent; in 2015, 84 percent; in 2016, me.
caught. It is not a matter of debate or
82.6 percent; in 2017, 93 percent; in 2018, As I listened to the President talk
dispute. When these enterprises are set
88.8 percent; and in 2020, the year that about the importance of stopping what
up to deprive—what Reverend Warnock
the Honest Elections Project waged he characterized as Jim Crow 2.0, I felt
calls ‘‘some people’’—some people of
dark money voter suppression, the 85 frustration and irritation rising in my
their right to vote, and when the laws
Fund received over $45 million, iden- soul. As I keep hearing the references
are done so that that is accomplished tity laundered through donors’ trusts.
against, particularly, African-Amer- to Jim Crow, I ask myself how many
And much of that money came from Americans understand what Jim Crow
ican voters with what one court called one single $19 million contribution.
‘‘surgical precision,’’ that is not hap- was. I am so thankful—thankful—that
Somebody wrote a $19 million check to we are not living in those days.
pening at random. It is happening be- suppress votes.
cause enormous amounts of anonymous But just for those who don’t appre-
Folks, if we don’t get to the bottom ciate the Jim Crow that was, it was a
money are flowing into groups to make of this, we are going to have a real
it happen. time when my grandfather, born in
problem on our hands. And when we get 1921, would have experienced it. If he
And I will close with two examples. to the bottom of this, the American
One is called Heritage Action, which were still alive, he could tell the sto-
public will be with us because they
is—the current state of the art on this ries of the Jim Crow South and the Jim
hate this stuff. You can be a Bernie Bro
is you set up a phony 501(c)(3) and a Crow era, an era where, in order for a
or you can be a Tea Partier and you
phony 501(c)(4), and they are a pair. black person to vote, you had to pass a
can disagree on everything, and you
And the money to the 501(c)(3) is de- literacy test.
agree that big dark money corruption
ductible, and the political dirty work is Now, if you could read at that point,
has no place in American democracy.
done by the 501(c)(4). This is the issue where Senator it would not just be a test on whether
And Heritage Foundation, which we MCCONNELL’s political minions met or not you could read, it would be a
have all heard about, is the 501(c)(3), with the Koch brothers’ political min- test on ‘‘Do you know who your Gov-
and Heritage Action is its 501(c)(4). And ions, and they did whatever ernor was 20 years before you were get-
Heritage Action was recorded talking ‘‘minioning’’ they do together. And ting ready to vote?’’ It would include
to its secret donors. their conversation got out to Jane the threat of being lynched—literally
And the person who was making the Mayer, who wrote about it, and this killed—because those in power wanted
presentation to the secret donors in was the issue that they said to each to stop Black folks from realizing and
April of 2021 said: other: We can’t dirty this up. No mat- fully participating in the greatest Na-
We worked quietly with the . . . legisla- ter how hard we try to put a good spin tion on Earth and exercising what I be-
ture. We got the best practices to them. We on this, voters hate dark money cor- lieve is a fundamental responsibility
helped draft the bills. We made sure activists ruption. Our voters hate it just as and right of Americans, the right to
were calling the state legislators, getting much as their voters. vote.
support, showing up at their public hearings,
So this is our chance to fix this to It would include beatings and the
giving testimony. power of intimidation, the loss of your
In some cases, we actually [drafted the take out the dark money behind the
voter suppression effort in all these job if you dared to show up to vote.
bills] for them or we have a sentinel— And so when I hear my President, your
States.
Think about that word for a minute, President, our President of these
This isn’t happening, folks. It is
a ‘‘sentinel’’— United States, just a little while ago, a
being done. And we have got to pay at-
on our behalf give them the model legisla- tention to who is doing it. And when week or so ago, talk about Jim Crow
tion so it has that grassroots, from-the-bot- 2.0 and using as the poster child of this
tom-up type of vibe.
we do, we will restore that funda-
mental voting right of all Americans to new Jim Crow South being the Georgia
She said: And we did this with ‘‘little know who is talking to them in their voting law, I rushed to read the law
fanfare. Honestly, nobody even noticed. elections—to have ours be a democracy one more time so that I could under-
My team looked at each other and without masks, without subterfuge, stand what in the world is he talking
we’re like, ‘It can’t be that easy.’’’ and without dark money. about.
ctelli on DSK11ZRN23PROD with SENATE
Well, the DISCLOSE Act will stop it I yield the floor. I am here this afternoon because I
from being that easy to have an out-of- Mr. SCHUMER. Would my colleague had a conversation with the South
state, dark money campaign take a yield just for a brief comment? Carolina NAACP about 2 hours ago,
State legislature and get them to pass Mr. WHITEHOUSE. Gladly. and they encouraged me to come to the
voter suppression laws without the Mr. SCHUMER. I just want to thank floor and make my comments as public
State legislatures even knowing who is Senator WHITEHOUSE. He has been a as possible so that people understand
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S304 CONGRESSIONAL RECORD — SENATE January 19, 2022
what I have read in the Georgia law think about the issue of voter suppres- In the United States today, it is more
and compare it to the Jim Crow South. sion, it lands on my front porch be- difficult for the average African Amer-
So what we know about the Georgia cause, as a guy who has voted in the ican to vote than the average White
law—and I have read the law—what we Deep South all my life, as a person who American. That is not rhetoric. That is
know about the Georgia law is the con- was born in 1965 with a mama who un- fact.
troversies the President spoke about derstands racism, discrimination, and We know that Black voters, on aver-
and that we have heard Members of ‘‘separate and not equal,’’ with a age, are forced to wait on line twice as
Congress speak about over the weekend grandfather who I took to vote and long as White voters.
is it is illegal to get water while wait- helped him cast his vote because he We began this session today swearing
ing to vote. was unable to read, to have a conversa- an oath to that flag, saying that this
Now, that claim has been proven tion in a narrative that is blatantly would be a nation of liberty and justice
false. It is not illegal to get water false is offensive, not just to me or for all. Where is the justice in a nation
while waiting in line. That is false. The southern Americans but offensive to where there is, on average, for a Black
only time you can’t get water while millions of Americans who fought, person twice as long to vote? It is fac-
waiting in line to vote, according to bled, and died for the right to vote. tual.
the Georgia law, is if it is a partisan; So if we are going to have an honest But let’s keep going because I heard
someone campaigning for someone— conversation about the right to vote, my colleague speak.
campaigning for someone—you can’t let’s engage on that based on the facts During the 2016 Presidential election,
bring them water. But if you are an of the laws that are being passed, not residents of entirely Black neighbor-
election worker or a relative, you can, the rhetoric surrounding those laws, hoods waited to vote. They were 74 per-
of course, bring a person water. So that where it looks like power is more im- cent more likely to spend more than 30
was completely false. portant than people. minutes at their polling place relative
But if that is the threshold of the I will close with this. The Civil War to residents of entirely White neighbor-
new Jim Crow era, it looks nothing of this Nation started in my home- hoods. That is a fact.
like the past. However, even that is town. One of the most powerful and Similar racial disparities were ob-
false. What else is in that Georgia law popular Senators in the history of served right before the pandemic. In
that is supposedly the poster child of America was Strom Thurmond. In 2010, the 2018 midterm elections, the Bren-
voter suppression? It allows for early when I ran for Congress, I ran for Con- nan Center report found that Latino
voting, to include now the Souls to the gress in the place where the Civil War voters waited almost 46 percent longer
Polls, where you have Sundays where started, and I ran for Congress in a Re- than White voters and Black voters
you can vote early—as a matter of fact, publican primary against the son of about 45 percent.
Strom Thurmond. I won that race, not The report also found that Latinos
17 days of early voting, more early vot-
merely because of who I am but be- and Black voters were more likely than
ing than the President’s own home
cause of who we have become as a Na- White voters to wait in the longest of
State or New York.
It allows for mail-in ballots without tion. lines on election day.
The evolution of the heart of Amer- You could go into State after State
an excuse, the same thing that was
ica and the hearts of southerners could and you will see who waits, factually,
turned down by the voters in New
not be more clear on a day when the on longer lines.
York. No-excuse, on-demand, mail-in Georgia—are we going to reduce this
ballots is now the law in Georgia. son of a single mother, mired in pov-
erty, runs against the son one of the to just being about water? I find that
New drop boxes. Prepandemic there
most famous Senators in the history of law offensive, but that is not the thing
was—it was not legal to have a drop
the country and comes out victorious. that offends me most.
box in Georgia. Now, it is legal to have Do you want to know what is going
I would love for us to have a con-
a drop box in Georgia and voter ID, on in Georgia right now? They have a
versation about what we are doing for
supported by at least 60 percent of Afri- historical pattern of dwindling polling
Americans as opposed to this negative,
can Americans, 60 percent of Hispanics, places in the diverse areas, with some
false narrative of what is happening to
60 percent or more of the majority pop- voters in Georgia waiting up to 10
America.
ulation. The PRESIDING OFFICER. The Sen- hours in predominantly Black neigh-
After going through point by point ator from New Jersey. borhoods.
and realizing in South Carolina that Mr. BOOKER. Madam President, I Think about this for a second. Do you
minority turnout was stronger than have deep and tremendous respect for want to talk about voter suppression?
the overall turnout in South Carolina my friend from South Carolina. I am You are working a job, you are taking
and that two of the three African- not a Senator from the South, but my care of young kids, and you are going
American Senators in the U.S. Senate family hails from the South, from Mon- to give up a day’s salary in Georgia to
today—two of us—represent those roe, LA, to Alabama, to North Caro- vote? You want to talk about a modern
Southern States, it is hard to deny lina. I know my roots, and I know the day poll tax?
progress when two of the three come challenges of Jim Crow, and, thank And my friends on the other side are
from the Southern States that people God, we are not in a time of Jim Crow. saying that race is not an issue here?
say are the places where African-Amer- The history that my friend talked to, I am going to continue with facts be-
ican votes are being suppressed, not to I know. I know his history, and I know cause I was flabbergasted that someone
mention the fact that 2020 was a banner my colleagues in the Senate know his could stand up here and say there is
year for minority participation in the history. We are all not blind to what not a different experience for Blacks
greatest Nation on Earth from a voting happened in terms of racial oppression and Whites when voting. I am just
perspective, and that is, my friends, going back to the founding of this Na- going to continue to read the facts.
good news. tion. The Constitution that people Since Shelby v. Holder eviscerated
The Democrats’ proposal would allow have been waving around, it is hard not the Voting Rights Act that people like
for the supporters of BERNIE SANDERS to read that and not see that many of Goodman, Chaney, and Schwerner died
and their tax dollars to go into my re- the compromises were based upon an for, Black voters in Georgia have faced
election account; I oppose that. It acquiescence to that original sin of disproportionately longer lines and
would undermine voter ID laws across this Nation—slavery. We know the vio- fewer polling places.
our country; I oppose that. It puts un- lence of what he said and talked about. The average number of voters per
accountable bureaucrats in charge of I am frustrated that we can agree polling place have grown 40 percent in
our elections; Americans oppose that. that there has been overwrought lan- diverse Atlanta Metro since 2012, and
ctelli on DSK11ZRN23PROD with SENATE
And walking in on the day of the elec- guage on both sides of the political voters in Black neighborhoods waited
tion, registering to vote without any aisle around this issue, but we should nearly 10 times as long, on average,
verification, is something I, too, op- be focusing on the facts. I have a hard after polling places were closed in
pose. time listening to people that want to neighborhoods.
And so, when I think about the im- talk about this issue and don’t talk I am looking for an amen from my
portant issue of voting and when I about facts. colleague from Georgia.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S305
Mr. WARNOCK. Amen. this body of creating rhetoric that was most affected by poll closures. There
Mr. BOOKER. I mean, in what coun- divisive. were 158 fewer polling places in 40
try are we, where a certain minority in Do you want to know what is divisive counties with large Black commu-
predominantly minority communities to a country that says ‘‘e pluribus nities, and African-American voter par-
has to wait 10 times as long? unum’’ above where the presiding per- ticipation dropped 16 percent. Why?
And so when you read—and I have son is? Do you want to know what is Well, my friend Bennet said this. We
heard my colleagues read these laws. divisive? It is telling people in the Con- still live in a country where the eco-
They read: Well, what is wrong with gresswoman’s State that if you live in nomic disparities between Blacks and
having no drop boxes because, hey, we a predominantly minority area, we are Whites is what it was in the 1960s. So if
didn’t have them before the pandemic. going to remove polling places and you are a Black, struggling family, and
What is wrong with not having that change laws so that Black folks dis- your option to vote means standing in
many days to vote by mail? proportionately are waiting 5, 10, 15 line for 10 hours—compared to pre-
What is wrong with these things is times longer. dominantly White counties—where the
obvious because they are not designed Facts. The burden of long lines in wait is longer, you don’t go vote.
for voter protection. They are not de- polling places, closures in Texas in the That is not just Black folks. The sto-
signed to help voters have more access post-Shelby County areas often falls ries about disabled voters, with about 1
to the polls. They are designed to sup- disproportionately on Black and in 7 or 1 in 8 pointing out that it is
press the vote and create these longer Latino voters. hard for them to vote because of phys-
lines. That is the obvious result, and if Congresswoman, of the approxi- ical impediments—that is discrimina-
you can’t see that, I am flabbergasted. mately 750 sites Texas has closed since tory against them. It doesn’t mean
I am sorry. It is hard. This is not my Shelby v. Holder, 542 were in the 50 people here are anti-disabled. We are
turn to speak, and forgive me to my counties with the fastest growing not throwing those labels around; I am
colleagues. But I am flabbergasted that Black and Latino populations. just talking about the facts.
the Republican Party, the party of the Don’t lecture me about Jim Crow. I So I just want my colleagues to know
14th Amendment, the party that once know this is not 1965. That is what that I can pull story after story of
fought for equal access to the polls is makes me so outraged. It is 2022, and these States—the 19 that are passing
now creating this ruse that 19 States— they are blatantly removing more poll- these laws—if you pull them out and
that the States that are passing these ing places from the counties where want to read them absent context, you
laws, 19 States—this is not about voter Blacks and Latinos are overrepre- are going to try to obscure the larger
protection. sented. I am not making that up; that picture of what is going on in our Na-
Donald Trump’s own person said the
is a fact. tion, which is that we are seeing en-
last election was the safest, most se-
I am not going to stop because I am tirely Republican legislatures—en-
cure election in American history. This
tired of hearing that this does not have tirely Republican legislators—passing
is not about in-person voter fraud.
to do with singling out certain popu- laws that are disproportionately im-
Study after study has shown that you
lations in our country—students, Na- pacting certain groups, by the facts.
are more likely to be struck by light-
tive Americans—and not others. I want to close with this: On the
ning.
This is about lies. I am sorry. This is I am not accusing anybody. Please, march across the Edmund Pettus
about lies, and they are targeting let’s not go around in defense, where Bridge, they were stopped and beaten
groups. we crouch into defensive postures. I am back. They tried to go again with King
I am going to go on with facts, but I not accusing anybody of being racist. I and were again blocked by Alabama
just want to talk about students for a am just speaking to the facts in our State troopers. But they finally got to
second. I heard Senator JON TESTER. I country that I know motivate every- their destination to protest voting
have heard my colleagues from New body here. A hundred of my—ninety- rights.
Hampshire, and they are not hiding the nine of my colleagues know it is wrong I love what King said there. He
ball, folks. They are not trying to tell to create barriers for some populations talked about those people whose hearts
us: Oh, we are concerned about it. and not others under the guise of a lie were discouraged because they hadn’t
As early as 2011, the State Repub- that there is a voter security problem. passed voting rights. I know there are
lican house speaker at the time in New Let me continue. I am sorry, Con- going to be a lot of people here on this
Hampshire—Senators, you know Wil- gresswoman, to keep talking about day who are going to feel that kind of
liam O’Brien; can I get a hallelujah Texas. discouragement. But, Reverend
there—promised to clamp down on un- In the Presidential primary on March WARNOCK, King gave one of his best
restricted voting by students calling 3, voters at historically Black Texas speeches that day where he asked peo-
them ‘‘kids voting liberal, voting their Southern University in Houston waited ple ‘‘How long are we going to have to
feelings, with no life experience.’’ not an hour, not 2 hours, not 3, 4, 5— wait? Not long’’ because the truth—I
I hear what you are saying, that this waited 6 hours. am thinking about the lies we are hear-
is—oh, these laws are innocuous on A poll of Texas voters conducted just ing now, the big lies, the lies of in-per-
their face. But if you start looking at in the 2020 election underscored the son voting. The truth, crushed to the
the legislative record, you see groups disparity non-White voters faced in Earth, will rise again.
are being targeted in this country. casting their ballots. Don’t lie and say there is not a dis-
Polling places are diminishing on col- I am sorry. Senator KAINE, you were parate voting reality for Blacks and
lege campuses. Voter ID laws are being very good when you talked about that Whites in this country right now; the
created so complex in Midwestern sign of 98 percent of people happy. I sat facts speak differently. Don’t lie and
States that they are saying you can’t here stunned. I was wondering who say that these laws are not being done
use a 4-year ID; it has got to be a 2- they were polling because they were in a way to make it harder for students
year ID. Those are some of the laws not polling Black and Latino voters in to vote. Don’t lie and say that we are
that are being passed. Texas when they did that. a nation that should be doing more to
Can somebody be a witness on that? Let me give you the facts. Forty- ease access as opposed to putting up
And I hear this rhetoric where people eight percent of Black voters and 55 more barriers because to go on more
pull out one law: Well, look at this law. percent of Latino voters in Texas found barriers is anti-democratic. Those lies
This is just about shrinking the days, it easy to vote, but that leaves a lot of will not live forever.
or this is so innocuous on its face, and folks who didn’t think it was easy. I do believe still that the arc of the
I know there are people at home think- White voters—actually, 65 percent moral universe is long and it bends to-
ctelli on DSK11ZRN23PROD with SENATE
ing to themselves: Hey, that doesn’t think it is easy to vote. ward justice. I still believe that the
sound like a big deal. Maybe the Re- Everybody is not happy. People who best of our democracy will come out if
publicans have a point. wait in 6-hour lines are not happy. people do not give up and are not dis-
No. Let’s return to the facts. I just want to give a couple more couraged.
I am going to go to Texas because I facts. Let’s go to my dad’s home State. I ask my colleagues right now to con-
heard the Senator from Texas accuse North Carolina was one of the States tinue on the floor today, to continue to
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S306 CONGRESSIONAL RECORD — SENATE January 19, 2022
tell the truth of what is happening in more alarming than this Federal elec- a bill that is proposed by the White
your States, to continue telling the tion takeover is the Democrats’ pro- House? I want to have ownership. Even
truth of what is happening in our Na- posed means of passing it. if I don’t get my way, at least I had the
tion, because we will win this fight. I President Biden and Majority Leader opportunity, and it is the committee
don’t know how long it will take, but SCHUMER, realizing the limitations of process that allows us to do that.
that will be determined by how dedi- their slimmest possible majority in the Instead of fixing something as funda-
cated we are to the principles of this Senate, have advocated for weakening mental as the Congress of the United
democracy. the legislative filibuster, the ability States and having committees at work,
We must live in a nation where ev- for the Senate to debate legislation we are going to change the process by
eryone is equal—not in rhetoric or in until a 60-vote threshold is met. which we can get to a bill or pass a bill
slogans or in salutes, but everyone is Ironically, Democrats utilized the fil- and reduce the role that people who
equal in the experience they have to ibuster vote margin just last week to have different ideas play in that out-
participate in democracy. The vote is block sanctions on Russia’s Nord come.
the bedrock of our Nation. It is the Stream 2 Pipeline, making use of the Give me ownership of legislation
foundation of the country, and it does same 60-vote threshold they are so de- through a committee process. Don’t
have cracks that need our repair. termined to demonize. take away my ability to better rep-
Whether we get down on our knees in The filibuster protects the minority. resent Kansans and Americans and peo-
prayer or we stand tall, let’s continue It doesn’t necessarily mean Repub- ple in the minority by changing the 60-
the work of this democracy so that licans or Democrats. It may mean just vote rule.
freedom and justice do roll down like somebody with an odd idea. It may Americans voted for a Congress that
water and righteousness like a mighty mean rural, where I come from, or is nearly a 50–50 split between the par-
stream. urban, where other Members of the ties in the House and a precisely 50–50
Forgive me, colleagues, for speaking Senate come from. It may mean the split in the Senate. I don’t think Amer-
well beyond my time, and I apologize if ability for a Member of the Senate to icans voted to give one party free rein
I demonstrated too much emotion. speak on behalf of his or her constitu- to implement an unprecedented power
The PRESIDING OFFICER. The Sen- ents and advocate for their views. It al- grab to nationalize elections and fun-
ator from Kansas. lows every Senator to have the oppor- damentally reshape the way the Senate
Mr. MORAN. Madam President, con- tunity to garner more information, to passes legislation.
fidence in our elections is vital to self- seek out sponsors of a bill, to have con- Thankfully, there is bipartisan oppo-
governance, and voting is a funda- versations, and to pull people together sition to weakening the filibuster. A
mental right. This is something that before we decide on how to proceed on majority of Senators agree it would
Democrats and Republicans can agree legislation. But the filibuster does bring about massive uncertainty for
on. more than that. It forces us—I am Americans who don’t want to be sub-
Article I, section 4 of the Constitu- sorry it is necessary to force us, but it jected to the dramatic political swings
tion states that ‘‘Times, Places and forces us to work together. when one election occurs and one party
Manner’’ of congressional elections Freedoms and liberties are protected is in power and then the next party is
‘‘shall be prescribed by the States.’’ by process. In today’s world, too many in power.
Over the last year, my Democratic people want the outcome regardless of There is so much uncertainty be-
colleagues have introduced and tried to how the process works. That process is cause there was never the consensus to
pass several versions of what they call called the Constitution of the United build a 60-vote margin for a piece of
voting rights legislation—the For the States. And in our case, there are rules legislation.
People Act and the Freedom to Vote in the U.S. Senate that require a 60- We must have confidence in our elec-
Act. But these wholesome titles are se- vote for legislation to be considered tions. It matters. I want everyone who
riously misleading. The bills are par- and passed by the U.S. Senate. is legally entitled to vote to be able to
tisan power grabs that will give the In the circumstances that those are vote. I understand that voting is a fun-
Federal Government unprecedented eroded, those process issues—I really damental right, but Kansans know
power over our elections and weaken want to highlight it again. It bothers what is best for Kansans, and congres-
the ability of State legislatures to ad- me so much that in so many cir- sional Democrats would be wise not to
minister their own election laws. cumstances, we set aside process be- underestimate our resolve in making
Federalizing election procedures cause we want an end result. But in our own determinations.
would export traditional State author- doing so, we erode the personal free- I yield the floor.
ity to the Federal Government and doms of Kansans and all Americans, The PRESIDING OFFICER. The Sen-
defer decisions on how citizens elect and those freedoms and liberties are di- ator from Wisconsin.
their congressional representatives to minished as a result. Ms. BALDWIN. I thank the Presiding
Congress. This is inherently less re- I would say it is unusual for me to Officer for covering the presiding Chair
sponsive and less accountable. have as many of my colleagues on the for a little longer than usual to allow
This legislation would undermine floor as there are today while I speak, me to make an address to the Senate.
State legislatures by sending taxpayer and in this case, most are Democrats. I Madam President, I rise because it is
dollars to political candidates for the would say that if we want to change time for the Senate to stand on the
House of Representatives, weaken pop- the U.S. Senate—and I am a critic of side of protecting our very democracy
ular State voter ID laws, and make up- the way we do business here. I never and the freedom to vote.
dating rolls more difficult. enjoyed serving in the U.S. Senate in You know, this used to be a bipar-
According to a Gallup poll, 80 percent which it worked well. tisan issue, and I was proud to know, in
of Americans support voter ID laws. If we wanted to do something that the history of the Voting Rights Act of
Yet, under this legislation, States would actually make a difference as 1965, it passed the Senate 77 to 19.
would be required to accept essentially opposed to changing the process by Then, in 1982, when it was reauthorized,
any document that includes a person’s which we consider legislation, how when we extended it, President Reagan
name as a valid form of ID. If you about having committees that actually said:
wanted to dispel the notion that voter do their work; how about having hear- I’ve pledged that, as long as I’m in a posi-
fraud occurs in our elections, this is ings and markups and debate? Give me tion to uphold the Constitution, no barrier
not a good start. the chance—give all of my colleagues a will come between our citizens and the vot-
One-size-fits-all solutions—the ap- chance to participate in this democ- ing booth. And this bill is a vital part of ful-
ctelli on DSK11ZRN23PROD with SENATE
proach the Democrats are pushing—is racy of developing legislation. filling that pledge.
completely unfit for Kansas and for the But how many times have I voted on When I served in the House of Rep-
country. things that are garnered, put together, resentatives, the dean of the Wisconsin
Perhaps even more alarming—and patchworked together, created by the delegation, Representative JIM SENSEN-
this is the point that I would make leadership of the Senate or the leader- BRENNER, a Republican, led the bipar-
more strongly than what I just said— ship of the House or working together, tisan effort for the Voting Rights Act
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S307
Reauthorization and Amendments Act recount and targeted Wisconsin’s two came shortly after the former Presi-
of 2006. You know, today, we can’t even most diverse counties—Milwaukee and dent called out these Republican lead-
get a vote in the Senate on the Voting Dane. When the recount was com- ers by name for trying to prevent a fo-
Rights Act. pleted, it came to nobody’s surprise rensic audit of the election results.
Why have today’s Republicans that it didn’t change the outcome. This was no mere coincidence. A Wis-
walked so far from those who came be- Trump lost, and President Biden won. consin State Republican named Mi-
fore them? The votes had been counted and re- chael Gableman led this effort after he
There is a simple answer: Too many counted, but that did not stop Presi- famously said—and without evidence—
of my colleagues on the other side of dent Trump from filing a lawsuit, try- right after the November election, that
the aisle refuse to stand up for democ- ing to throw out 220,000 legal votes in it was somehow stolen. He is who is
racy and, instead, choose to stand on Wisconsin. leading this probe.
the side of Donald Trump and his Big Fortunately, our State’s highest In August, Gableman traveled to Ari-
Lie about the 2020 election being stolen court rejected this attempt to dis- zona, on Wisconsin taxpayers’ dime, to
from him. enfranchise Wisconsin voters and find learn about that State’s widely dis-
It wasn’t. Trump lost fair and square, more votes for himself. As two Wis- credited audit, supported by the cyber
and President Biden won, and that is consin Supreme Court justices wrote, ninjas.
simply a fact. To suggest otherwise is a in concurring with the majority deci- Then he was off to South Dakota to
fraud that undermines people’s faith in sion of dismissing Trump’s campaign attend a symposium on voter fraud, led
our very elections. Enough is enough. case, ‘‘The evidence does show that, de- by My Pillow’s chief executive and in-
We must act. We have the responsi- spite a global pandemic, more than 3.2 famous conspiracy theorist, Mike
bility to do so. The threat posed by million Wisconsinites performed their Lindell. In no effort to show non-
this Big Lie is all too real, and in my civic duty. More importantly, as it re- partisanship or to be a neutral arbiter,
home State of Wisconsin, we have a lates to this lawsuit, these voters fol- Gableman hired partisan actors like a
stark example of it. lowed the rules that were in place at former Trump administration official
I come from a purple swing State. We the time.’’ and the head of a group that asked the
have had many, many closely decided To borrow Justice Hagedorn’s meta- Supreme Court to throw out the results
elections in recent history. In 2000, phor, ‘‘Wisconsin voters complied with of Wisconsin’s election and force the
then-Vice President Gore won the the election rule book. No penalties Wisconsin legislature to certify elec-
State by less than 6,000 votes—a mere were committed, and the final score tors instead.
.22-percent margin of victory. Four was the result of a free and fair elec- Gableman has issued wide-ranging
years later, John Kerry carried the tion.’’ subpoenas to local officials in Wiscon-
State by about 11,000 votes—a .38-per- But that wasn’t the end of the road sin’s largest cities and has even threat-
cent margin. In both cases, despite for Republican efforts to sow distrust ened to jail them if they fail to comply
these narrow margins, those elections in the 2020 results in Wisconsin. with this taxpayer-funded promotion of
went smoothly and were fair. Their In February 2021, a committee of the
Trump’s Big Lie.
outcomes were not disputed. George W. Republican-controlled Wisconsin State Separately, the Republican leader of
Bush declined to request a recount. No legislature, by a party-line vote, di-
the Wisconsin Assembly’s elections
credible person, let alone the leader of rected the nonpartisan Legislative
committee began her own set of inves-
a political party or an elected official, Audit Bureau to review the administra-
tigations, issuing subpoenas to clerks
claimed the election in Wisconsin tion of the 2020 election. The bureau,
in Milwaukee and Brown Counties, the
wasn’t fair, free, and properly decided according to its report, spoke with the
latter being home to Green Bay. She
by the voters. Once again, in 2016, we staff of the bipartisan Wisconsin Elec-
had also traveled to Arizona and, in a
had a pretty close Presidential election tions Commission and surveyed all
in Wisconsin and another equally as press release, when announcing her in-
1,835 municipal clerks and 72 county
close one in 2020. President Biden won quiries, stated that Wisconsin simi-
clerks in the State. They also reviewed
Wisconsin by about 20,000 votes—a larly needs a ‘‘transparent, full, cyber-
a host of records regarding the elec-
margin of victory of .63 percent. tion, including a total of 45 sworn com- forensic audit.’’
In 2020, Wisconsinites exercised their To put it simply, there has been a
plaints, pertaining to the election, that
right to vote in record numbers. More constant drumbeat undermining the in-
had been filed with the elections com-
than 75 percent of eligible Wisconsin- tegrity of our elections in Wisconsin
mission. In October, the bureau issued
ites voted. Wisconsin voters broke the since President Biden was duly elected.
its report, which did not find any evi-
record for the highest turnout ever Casting doubt and undermining con-
dence of widespread voter fraud or
measured in the State—with every one wrongdoing in the election. fidence in our elections has real con-
of Wisconsin’s 72 counties producing an Separately, a conservative think sequences. It has led to harassment and
increase in turnout, benefiting both tank, the Wisconsin Institute for Law threats of the hard-working State and
Presidential candidates. Wisconsin and Liberty, conducted its own review local elections officials who worked
State and local officials and citizens of the election. Their report, released tirelessly during an unprecedented pub-
who volunteered from both political in December 2021, also concluded that lic health crisis to make sure Wiscon-
parties did heroic work to ensure our there was no evidence of widespread sinites could safely and securely exer-
election was smooth, safe, and fair. voter fraud in Wisconsin. cise their right to vote. Elections offi-
They took important steps to make The fact is that our bipartisan Wis- cials across the State have received
our election system worked safely and consin Elections Commission con- dangerous threats and harassment for
securely for all voters while the ducted a free, fair, safe, and secure simply doing their jobs.
COVID–19 pandemic raged in my home election, just as local elections clerks The executive director of the Mil-
State. did across our State. waukee Election Commission reported
Wisconsinites cast their ballots for Trump has still not provided any being told she deserved to be hung in
Democrats and Republicans, up and credible evidence of voter fraud or elec- the public square. She received a
down the ballot, and after Wisconsin tion irregularities. In fact, Federal threatening letter at her home, calling
county clerks in all 72 counties can- judges appointed by Trump rejected on her a traitor and a profane insult that
vassed the results, Joe Biden won with the merits his false claims about the I will not repeat on the floor of the
a margin of over 20,000 votes. The vot- Wisconsin election. Despite all of this, Senate. She also received a profanity-
ers of Wisconsin chose Joe Biden and the Republican leadership of the Wis- laced voice mail, telling her she should
KAMALA HARRIS to receive our State’s consin legislature authorized yet an- be convicted and hanged.
ctelli on DSK11ZRN23PROD with SENATE
10 certified electoral votes, but the other sham process to question the in- Another Wisconsin clerk reported
scrutiny of those election results, tegrity of the 2020 election, with a being called every name you can imag-
through the channels provided by law, budget of at least 680,000 of Wisconsin ine and received threats that led to a
continue. taxpayer dollars to boot. local police department’s having to
After an official vote count showed I would be remiss if I didn’t point out conduct a security review of the clerk’s
Trump lost, his campaign requested a that this unnecessary partisan charade office and having the clerk feeling the
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S308 CONGRESSIONAL RECORD — SENATE January 19, 2022
need to install a camera at her house As was reported, ‘‘Senator RON JOHN- would have given the Democrats the
for security. SON, a Republican, said that G.O.P. majority they needed to get it done.
In Rock County, WI, the county state lawmakers should unilaterally But they didn’t. And, in fact, I hear
clerk’s office asked the local sheriff for assert control [over] federal elections, from Tennesseans every day who want
protection in the wake of angry calls claiming that they had the authority it to be easier to vote and harder to
after a news report had misstated the to do so even if Gov. Tony Evers, a cheat, not the other way around.
county’s votes. One of the members of Democrat, stood in their way—an ex- But based on what I have seen, I have
the Wisconsin Elections Commission traordinary legal argument debunked come to the conclusion that what the
had pictures of her home posted on so- by a 1932 Supreme Court decision and a people want no longer seems to matter
cial media, and she received threat- 1964 ruling from the Wisconsin Su- to our Democratic colleagues.
ening messages about her children. preme Court.’’ We can take today’s event as proof
Even elected officials are attacking That is from the New York Times. that if the people don’t see fit to give
the role of these individuals in admin- For my part, I believe voting rights them the power, they will come and
istering our elections. A Republican are fundamental to our democracy, and take that power and turn the Senate
sheriff has called for the five members that is why I will keep on working to into a rubberstamp they can deploy
of the bipartisan Wisconsin Elections pass the John Lewis Voting Rights Ad- when an Executive order just won’t get
Commission to face criminal charges vancement Act and the Freedom to the job done.
for guidance they provided during the Vote Act, so we stop voter suppression That really frightens Tennesseans be-
pandemic about collecting absentee efforts and protect the right to vote. cause they can see what is coming
ballots from nursing homes. We must ensure that, regardless of down the path: open borders, court
Let’s be clear. On January 6, 2021, where you live in this country, you packing, gun control, the Green New
Donald Trump not only incited a vio- have the same access to the ballot box Deal, abortion on demand, socialized
lent insurrection against our democ- and faith that our elections are fair healthcare, speech restrictions, fed-
racy, he also incited an ongoing attack and safe. eralized elections, and more out-of-con-
on voting rights across America. I yield the floor. trol spending, and, yes, higher infla-
Across the country, we have seen more The PRESIDING OFFICER. The Sen-
tion.
than 400 bills that restrict access to ator from Tennessee. We know that this is the future that
voting that have been introduced in 49 Mrs. BLACKBURN. Madam Presi-
the Democrats are laying out for
States. dent, my Democratic colleagues are
America. It is the future that they see
In Wisconsin, the Republican-con- continuing what started last week,
for our children and grandchildren be-
trolled State legislature has advanced with spending hours trying to convince
Members of their own party, both here cause these policies are the policies
legislation curtailing voting rights and
in this Chamber and across the coun- that they have fought for since long be-
has put up barriers to make it harder
try, that they had no choice but to fore Joe Biden took office.
to vote. Last year, they passed meas-
Do we really think that this attack
ures that would make it harder for vot- blow up the Senate rules by firing a
partisan torpedo at the filibuster. on the Senate rules will stop with an
ers to turn in their absentee ballots.
Now, it appears, from what we have election law takeover? The American
They have passed legislation that
heard, that they used demeaning, people don’t think it will. Tennesseans
threaten election officials with felonies
shaming words and really went about do not think that it will.
for assisting voters with minor issues
weaving quite a frightening tale about As I said, when somebody shows you
on their ballots, and they want to
what would happen if their Democratic who they really are, you ought to be-
make it harder for people with disabil-
colleagues did not cave on this issue. lieve them. And as I have said pre-
ities and who cannot make it into the
That tale was no more based in reality viously, this is no way to run the
polls to exercise their right to vote.
than the vial accusations of racism world’s greatest deliberative body, but
Thankfully, our Wisconsin Governor
that they have hurled at those who op- this is exactly how the Democrats are
has vetoed these measures.
Despite drop boxes being a safe, se- pose this push to single-party rule. choosing to go about trying to destroy
cure, and effective way for voters to Last week, when this insulting nar- it.
turn in their ballots and have their rative started to collapse, they tried a I yield the floor.
votes counted and despite previous sup- new approach and pitched their assault The PRESIDING OFFICER (Ms.
port for their use from Republicans in on the Senate as a ‘‘carve-out’’ to ac- BALDWIN). The junior Senator from
the State legislature, Trump’s Big Lie commodate an emergency change to Delaware.
has pushed them to now oppose the use election law. Mr. COONS. Madam President, why
of drop boxes statewide. In fact, there I fully believe, when someone is are we here? Why is this Senate dedi-
is now a push to override guidance going to tell you who they are, you cating this entire day to a debate on
from the Wisconsin Elections Commis- should believe them. And over the past the floor?
year, we have watched Joe Biden and Well, we are here today to talk
sion to make drop boxes for legal bal-
the Democrats throw self-control out about, to debate and consider two crit-
lots illegal in Wisconsin.
At the same time, the Republicans in the window and leverage emergency ical voting rights bills. It is our fourth
the State legislature are advancing a after emergency to expand their power. try. It is our fourth try. The three pre-
redistricting proposal that will double Joe Biden signed more than a dozen vious times we have tried to get on this
down on Wisconsin’s unprecedented Executive orders in the very first hours bill, there has been a filibuster on the
level of hyperpartisan gerrymandering, of his Presidency, knowing that if he motion to proceed, an obscure a proce-
where politicians pick their voters in- did not do this, these policies would dural standing that prevented us from
stead of people choosing their elected never see the light of day. getting to this bill.
officials. The people—and that is the people of We are finally on it, and there is a
Not to be outdone, the New York this country—hadn’t seen fit to give challenge in this Chamber, in this
Times has reported that my fellow Sen- his allies in Congress the majority that country, to explain and articulate
ator from Wisconsin—and this is a he needed for his agenda, so he waved briefly why this is such an important
quote—‘‘believes Democrats cheat.’’ his pen and conjured up a mandate for moment and why it justifies, in a ten-
This false accusation was accom- himself. sion between two of my core prin-
panied by a proposal from this U.S. And now, his Democratic allies in the ciples—one of which is making sure
Senator to change the rules in Wis- Senate are prepared to do the exact that we work across the aisle and find
consin and have the Republican-con- same thing on behalf of a bill that bipartisan solutions as much as pos-
ctelli on DSK11ZRN23PROD with SENATE
trolled State legislature seize control would federalize elections in America, sible and the other that we protect
over the administration of our elec- stripping away protections for the bal- foundational principles—the right to
tions, taking this nonpartisan process lot box and injecting uncertainty into vote—and through that right to make
out of the hands of our bipartisan, the voting process. progress toward justice and inclusion
independent Wisconsin State Elections Who asked for this? No one. If the in our society—that I choose the lat-
Commission. American people wanted this, they ter.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S309
We have seen across our country, in was a critical, even a sacrosanct, pro- In November, millions of medically
recent months and years—ever since tection. It was reauthorized five vulnerable Americans will be looking
Shelby County, a Supreme Court case, times—in 1970, in 1975, in 1982, and in to vote. Why would we end these new
blew a hole in the center of the Voting 1992—by strong bipartisan majorities, provisions to provide access to the bal-
Rights Act passed in 1965, the most and in 2006, unanimously. No wonder, lot box?
powerful civil rights law in the history then, that my friend and predecessor at Let me make two last points and
our country—a whole series of laws at this desk, our President, seems to conclude.
the State and local level eroding and struggle to comprehend how a Repub- As I have traveled to a dozen coun-
undermining access to the ballot. lican Party that included Strom Thur- tries in the last year, I have heard from
And in the months since the 2020 mond, when he chaired the Judiciary allies and adversaries concerns about
election, tragically, we have also seen Committee, voted over and over and the health of our democracy. We must
now State legislatures take up and over to reauthorize the Voting Rights take action to protect the right to vote
pass laws designed to change who Act. in this country.
counts the ballot, who certifies an elec- Yet today, as we debate the John Last, we should not make the last
tion, voter subversion and voter sub- Lewis Voting Rights Advancement Act, casualty of this dread pandemic rolling
version, access to the ballot box, and we sadly do not have a single vote back voting access. If I must choose be-
who counts the votes. across this aisle to move us forward. tween a fundamental principle learned
Every one of us is here because we How did this happen? How did this through five congressional civil rights
were elected. Every one of us wants to consensus, so hard-won, fray so quick- pilgrimages spent with John Lewis
know, or should want to know, that we ly? In short, it is because of a lie. It is that voting is a moral question or con-
won a free and fair election in which as because of a misrepresentation that tinue to hold to a rule, I will choose
many Americans in our State as pos- millions of illegals are voting—fa- the former and embrace a change that
sible voted. mously said by our immediate past is as narrow and temporary as possible
Why would we want barriers to President. But a widespread belief that and that will restore debate on this
Americans with disabilities, Americans voter fraud was undermining the very floor.
speaking different languages, Ameri- credibility of our elections has been As I marched across the Edmund
cans working full time and strained by adopted across our country and spread Pettus Bridge for the last time with
their working family commitments, and caused a fundamental break. John Lewis, he stopped and turned and
Americans who are Black or Brown, There has also been action by the said to all of us in his halting voice,
Native American, or Hispanic, or Afri- new conservative majority on the Su- knowing he was in his last weeks:
can American? Why would we want to preme Court; first, in 2013 in Shelby Never give in. Never give up. Never be-
have any suspicion that our election to County, where they took out the sec- come hostile. Hate is too great a bur-
this body relied, in some part, on sup- tion 4(b) formula that eviscerated sec- den to bear. Stay hopeful and keep
pressing or miscounting those votes? tion 5 preclearance to provide free elec- marching.
Today, I am going to speak just brief- tion protection against voter suppres- It is my hope, Madam President, that
ly, if I can, about how today is really sion; and then just last year, in our debate today, our votes today, will
about a fraying bipartisan consensus. Brnovich v. DNC, when six conserv- give strength and lift and truth to the
Some of my Republican friends and ative Justices concluded that a State service and the life and the sacrifice of
colleagues have spoken about how we law in Arizona that had a demonstrable Congressman Lewis.
have to continue to hang on to and re- disparate impact on Hispanic and Na- The PRESIDING OFFICER. The jun-
spect the rules of this Senate, espe- tive American and Black voters could ior Senator from Florida.
cially the 60-vote threshold, to moving be allowed to stay on the books and
DEMOCRATIC PARTY
forward on policy changes, and I have proceed.
long defended that and respect that Now, let’s be clear. We should make Mr. SCOTT of Florida. Madam Presi-
concern. But we are also principally sure there is no widespread voter fraud. dent, like many of my colleagues, I
here because of a forgotten consensus And on the Judiciary Committee, my often speak about my family here on
about working together to protect ac- colleague from Illinois and others have the Senate floor. As most of my col-
cess to the ballot box. led hearings to confirm that there is no leagues know, I grew up poor and spent
We have heard just now from a col- widespread voter fraud, as my col- years of my childhood living in public
league the accusation that this is a league from California, the former sec- housing. I never knew my biological
‘‘partisan Federal takeover’’ of elec- retary of state, spoke eloquently to dad, and my mom and my adopted fa-
tions. Yet several of my colleagues earlier. ther did the best they could for our
have read and reminded us the Con- The Freedom to Vote Act, which is family with the very little they had.
stitution itself explicitly gives this the other bill in front of us, benefited I think that small part of my life is
Congress the power, even the responsi- from modifications by Senator well known, but what may not be
bility, to ensure that Federal elections MANCHIN of West Virginia, also a known to many people is that my par-
are conducted in a way that is free and former secretary of state, to ensure ents were Democrats. Sadly, the Demo-
fair. that we have protections in terms of cratic Party my parents belonged to no
When the first Senate gathered, voter ID. longer exists. Today’s Democratic
think about who was in the room. I will also, briefly—and I know I need Party would be totally unrecognizable
Think about the qualifications to vote, to conclude—respond, if I can, to accu- to my parents, just as it is to millions
how narrow they were—property, sations by several of my colleagues of Americans all across our country
White men. Think about the arc of that Delaware’s voting laws are not yet right now.
change in our Nation and how, year at the highest standard. And I will say, I am a proud Republican. It is no se-
after year, generation after generation, it is true my State has a long, brutal, cret that I am trying to expand my
with a huge amount of struggle, ulti- tragic history of race relations that party, but I still believe in the benefits
mately, the moral question of who can were not their best, and our voting of our centuries-old two-party system.
vote, of who counts and whose vote laws have just now come to up to the It makes our Nation stronger; it pushes
should be counted has slowly, pain- Federal standards we are hoping to us to listen to both sides, work to-
fully, through sacrifice, changed. make the standard for our whole coun- gether, and leads to progress.
There was, for 50 years—from 1965, try. That is why the filibuster is so im-
when earned through blood and sac- But let me ask this question: In the portant. As a rule, the filibuster em-
ctelli on DSK11ZRN23PROD with SENATE
rifice on the Edmund Pettus Bridge, midst of a pandemic, when State after bodies what is most essential to the
the Voting Rights Act was signed into State has adopted changes to voting survival of our Republic. It weakens
law by a former Senator from Texas, ballot boxes and no-fault vote-by-mail the sometimes attractive nature of
President Lyndon Baines Johnson— and same-day registration, why would tribalism and bolsters the importance
there was for 50 years a consensus in States be moving those back? The pan- of and need for consensus when
this body that the Voting Rights Act demic isn’t over. crafting policy.
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S310 CONGRESSIONAL RECORD — SENATE January 19, 2022
The filibuster protects our demo- today’s Democratic Party would be to not a King. They agreed on this be-
cratic process. That is why the Found- my parents, not because it has natu- cause they saw what happened when a
ers designed the Senate to operate this rally evolved or modernized but be- nation is held captive to the views of
way, as a cooling saucer that could re- cause it has abandoned the principles it the minority.
sist the temptation of political expedi- once fought so hard to protect. The very first Constitution of the
ency that leads our country to wild I am sure these words will upset United States, the Articles of Confed-
swings in policy and position. many of my colleagues on the other eration, was, frankly, a dysfunctional
I make this point not only to high- side of the aisle. I hope they do, and I mess. That is why they gathered in
light the foolishness of doing away hope it drives them to refocus their Philadelphia to try again and to get it
with this rule as my Democratic col- party back where it belongs: on the right this time, and getting it right
leagues would like to do but to draw needs of American families. meant majority rule.
attention to the gravely concerning I yield the floor.
abandonment of democratic principles The PRESIDING OFFICER. The sen- James Madison said that majority
we see in today’s Democratic Party. ior Senator from Michigan. rule is fundamental to our democracy.
Madam President, I take no joy in Thomas Jefferson said that ‘‘the will of
H.R. 5746
saying this, but today’s Democratic the majority is in all cases to prevail.’’
Ms. STABENOW. Madam President, I
Party has become the new anti-democ- In Federalist 22, Alexander Hamilton
am not sure where to start, having just
racy party. The terrifying examples of wrote a lengthy description of the
heard my colleague from Florida. I just
this are all around us: packing the Su- problems that arise when a minority
have to say that who he is describing I
preme Court, pushing a radical Federal can override the will of the majority.
don’t recognize, either, because I don’t
takeover of State elections, ignoring recognize that at all of anyone who is The Founders didn’t have an opinion
our laws on border enforcement and here. on the Senate filibuster because it
criminal prosecution, and forcing un- I just want to start by thanking my didn’t exist. It didn’t exist. However,
constitutional vaccine mandates on Democratic colleagues, first of all, for over time, Senators figured out they
American workers. None of these voting for the American Recovery Act could slow down legislation through
things give more power to the people that, among many other things, is unlimited debate.
we are elected to represent. helping to focus on ways to bring down We know that, at first, the filibuster
What these dangerous ideas show is the cost of food and our food supply was rarely used—mainly by southern
that today’s Democrats don’t believe chain, to help fix it, and a number of Senators who wanted to block civil
that people are capable of getting it other issues that unfortunately not one rights legislation. Yet, over time, it
right. Democrats don’t think their colleague on the Republican side voted has evolved from a procedural tool into
ideas can win enough elections to con- for—not one. a weapon, and we all know this. This
trol a majority in the Senate. Senator So we have heard a lot today about weapon is increasingly used to stop our
SCHUMER said as much just last week. how we should be focusing on the needs Nation from making progress on issues
He said that if the Democrats don’t of the American people. I think there that are so important to the American
pass their ‘‘Corrupt Politicians Act,’’ would be a collective ‘‘amen’’ from our people and so important to our families
they will lose their majority. A party side about that. We would love to have and crucial to the future of our coun-
that once prided itself on being a voice our colleagues join us, frankly, in that try.
for working Americans like my parents effort. But nothing is more funda- We are here today because the most
is now turning to authoritarian tactics mental to our democracy than pre- basic freedom in our democracy is the
to impose its will on government by serving our freedom to vote as Ameri- freedom to vote, and across the Nation,
force because it does not trust the deci- cans, and that is really what the de- Republicans are pushing legislation to
sion voters will make. bate and the votes are all about today.
In trying to pack the Supreme Court, take that away, including in Michigan.
We know there are people willing to In 2020, Michigan voters clearly and
Democrats are saying they do not trust use violence to stop accurate, legal cer-
the decisions of the State legisla- resoundingly chose Joe Biden to be our
tifications of our national Presidential President and KAMALA HARRIS to be
tures—bodies comprised of the people’s election. How do we know this? Be-
elected representatives. our Vice President in the largest voter
cause we were here. We were here a turnout in our Nation’s history. They
In pushing the Federal takeover of
year ago on January 6 and witnessed won by more than 150,000 votes, and
State elections, Democrats are showing
that they know their ideas are too rad- the violence and the death and the de- that is 14 times more than Donald
ical to win the approval of voters, so struction. Trump’s margin was in 2016.
We also know there is a coordinated
they need to leave the backdoor open Now, I very much appreciate my
Republican effort across the country to
for fraud and the dilution of votes to friend Senator THUNE saying he accept-
limit the freedom to vote and make it
win elections and stay in power. That ed his first loss to the Senate. None of
is why they want to give noncitizens— easier to intimidate and remove elec-
us like to lose. It is not fun. President
those here illegally and who may be tion officials who won’t do their bid-
Trump should have done the same
dangerous criminals—the sacred right ding. And how do I know this? Because
thing, but instead, Donald Trump’s
to vote. it is happening in Michigan as I speak.
Today’s vote on the legislation in campaign and his allies filed eight law-
In pushing an unconstitutional vac- suits in Michigan. They lost every sin-
cine mandate, Democrats are making front of us is the fundamental act we
must do to stop this destructive, par- gle one of them. In the only case that
clear that they don’t trust the Amer- was appealed to the Michigan Supreme
ican people to make smart decisions tisan movement, and we also know
that in order to make this happen, we Court, the court declined to hear the
for themselves and their families when case despite having a majority of Re-
it comes to their own health. have to return the Senate to its origi-
nal principle—the original principle of publican justices.
In the eyes of today’s Democrat lead-
majority vote. The people of Michigan voted. Michi-
ers, disagreement is intolerable. There
are no more opponents; only racists. Our Nation’s Founders had a lot of gan Republican and Democratic coun-
They allow no room for compromise be- opinions about the type of country we ties verified the vote, and our State, on
cause all who disagree are evil, big- should be and the type of government a bipartisan vote, certified it. There is
oted, and backward. we should have. At times, the discus- no evidence of fraud that would suggest
When the ruling class strips the peo- sions got heated—and not just because we need legislation to now restrict our
ple of their voice, democracy dies. it was summer in Philadelphia, Sen- voting.
ctelli on DSK11ZRN23PROD with SENATE
When the elites in Washington decide ator CASEY. They were actually wear- So why are Michigan Republicans
they know better than the families ing wool at the time, so it got heated trying to make it harder to vote with
they are supposed to represent, our in a number of different ways. How- 39 different bills they have introduced?
American experiment fails. ever, there was one thing they agreed Well, they just don’t like who
Madam President, it is a sad day on: Government should be run by the Michiganders voted for. Think about it.
when I think about how unrecognizable will of the majority—not a minority, Because they didn’t like the result,
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S311
Michigan Republicans decided to tar- But the American people sent us here to be Founding Fathers intended it to be?
get Michigan voters as part of a coordi- their voice. They understand that those What will they say to the people of
nated, nationwide assault on this fun- voices can at times become loud and argu- their State when the shoe is on the
damental right that my friend, the late mentative, but they also hope we can dis-
other foot, when Republicans hold the
agree without being disagreeable. At the end
Congressman John Lewis, called pre- of the day, they expect both parties to work majority in the Senate once again and
cious, almost sacred. together to get the people’s business done. Republicans show them how the hog
That is why we must pass the Free- What they do not expect is for one party, eats the cabbage?
dom to Vote: John R. Lewis Act today. be it Republican or Democrat, to change the I yield the floor.
I know that some folks think any legis- rules in the middle of the game so they can The PRESIDING OFFICER (Mr.
lation we pass to protect the freedom make all the decisions while the other party HICKENLOOPER). The Senator from New
to vote must be bipartisan to be legiti- is told to sit down and keep quiet.
Jersey.
mate. But when it is time to vote, we I am still quoting President Obama Mr. MENENDEZ. Mr. President, I
are told not 1 Republican will join all here: come to the floor today in defense of
50 Democrats—50 Democrats—in voting The American people want less partisan- what in essence is the very essence of
for the Freedom to Vote: John R. ship in this town, but everyone in this Cham- our democracy and the voting rights of
Lewis Act; therefore, they say, the bill ber knows that if the majority chooses to
all Americans.
shouldn’t pass. Yet the attacks on de- end the filibuster, if they choose to change
the rules and put an end to democratic de- Our dear friend, someone whom I had
mocracy in Michigan and the other
bate, then the fighting, the bitterness, and the privilege of serving with in the
States are strictly partisan.
In Michigan, Republicans are even the gridlock will only get worse. House of Representatives, the late
using a loophole in our constitution to In that same year, our current ma- John Lewis, took a beating on a bridge
go around the Governor’s veto and take jority leader stated from this very in Selma for the right to vote. Surely
away people’s freedom to vote without floor, and I quote the majority leader we in the Senate can muster a shred of
the capacity to veto the legislation. again: his courage to protect that right.
They are doing it by a simple majority, We are on the precipice of a crisis, a con- There are no other rights without the
and they are doing it with not one stitutional crisis. The checks and balances right to vote. It is through the right to
Democratic vote—not one—in Michi- which have been at the core of this Republic vote that freedom rings, that justice
gan. But they are still doing it. are about to be evaporated by the nuclear reigns and opportunity arises.
Republicans are making it harder for option, the checks and balances which say if As we all know, this Monday was Dr.
people to vote using a simple majority. you get 51 percent of the vote you do not get Martin Luther King Day, and we have
Yet we are told that protecting peo- your way 100 percent of the time. It is amaz- to remember his words: He said:
ing. It is almost a temper tantrum by those
ple’s freedom to vote needs a super- The vote is the most powerful instrument
on the hard right.
majority to do it. That makes no sense. ever—
And—wait—I think I hear Hamilton, Still quoting the current majority
leader: Ever—
Jefferson, and Madison rolling over in
That is not becoming of the leadership of devised by human beings for breaking down
their graves. injustice and destroying the terrible walls
Today, we each will choose to protect the Republican side of the aisle, nor is it be-
coming of this Republic. That is what we call which imprison people because they are dif-
every American’s freedom to vote or ferent from others.
allow those supporting the Big Lie to abuse of power.
limit people’s freedoms and undermine If the current Democrat majority That is what he called the right to
our democracy. Today, we will choose party jams this through, they will live vote—humanity’s greatest instrument
to stand with our Founders and our to rue the day, possibly as soon as next for advancing progress. Well, the time
Constitution as written or maintain year. But for now, my colleagues has come for us to defend it.
Senate procedures that are seriously across the aisle are kowtowing to the Now, my colleagues who oppose our
broken. radical left base. The tail is wagging voting rights legislation have had
It is time to restore the Senate to the proverbial dog. ample time to make their opinions
majority rule, as it was intended by Sadly, 25 of my colleagues across the heard. Soon, it will be time to end de-
the Founders, so we can protect—pro- aisle have flip-flopped from a position bate and hold a simple up-or-down vote
tect—the American people’s right to they staked out in writing just 4 years on the Freedom to Vote Act and the
vote. ago, but thank goodness that 1 Senator John Lewis Advancement Act. After
I yield the floor. who signed the letter has remained all, the State legislatures passing voter
The PRESIDING OFFICER. The jun- true to his word. suppression laws across the country
ior Senator from Kansas. What has happened to change the are doing so with simple majorities,
Mr. MARSHALL. Madam President, minds of these 25 Senators? Why is the conservative majorities that in many
as everyone in this Chamber knows, national media not asking them the cases were born out of decades of par-
the filibuster requires a super- same question? Because it would point tisan gerrymandering.
majority—60 votes—to proceed on most out the hypocrisy. How about the Supreme Court? It
issues in the Senate. The filibuster is Let me remind them all, as President was a simple majority vote of 5 to 4
truly the essence of this deliberative Joe Biden once stated to this body, that gutted the Voting Rights Act.
body. It is what makes the Senate the That was the law that John Lewis and
that removing the 60-vote threshold
Senate. It is what forces collaboration, others risked their lives for on Bloody
would, and I again quote—again from
long-term solutions, and prevents a Sunday.
President Biden:
partisan roller coaster ride of ever- The Voting Rights Act of 1965 ended
changing laws and rules every 2 years. Quite frankly, it is the ultimate act of un-
fairness to alter the unique responsibility of discriminatory tactics that not only
The filibuster puts the brakes on hasty the Senate and to do so by breaking the very blocked Black voters from their ballots
legislation and helps prevent unin- rules of the Senate. . . . Put simply, the nu- but other minorities, too, including
tended consequences, which come with clear option would transform the Senate Latinos.
most every new law. from the so-called cooling saucer our Found-
I ask America this: Do you want Shortly after the Civil War, Latinos
ing Fathers talked about to cool the passions
more laws or less laws? Do we want of the day, to a pure majoritarian body like
held greater political power in States
more certainty from our government parliament. . . . But the Senate is not meant like California, Texas, and Arizona, but
or less certainty? to be a place of pure majoritarianism. At its as Jim Crow spread throughout the
Arguably, the best speeches to keep core, the filibuster is not about stopping a South, they were pushed out of elected
the filibuster in place have been made nominee or a bill, it is about compromise positions and threatened with violence
ctelli on DSK11ZRN23PROD with SENATE
by Presidents and Senators from across and moderation. for their continued participation.
the aisle. Nothing is more convincing These men and women of noble char- The Voting Rights Act transformed
than my Democrat friends’ own words. acter, in their heart of hearts, do they our country for the better. It created
President Obama, then-Senator truly believe in making this rule the diverse, multiracial democracy we
Obama, said in a floor speech here in change that will forever alter the way live in today. I know that my story—
2005: our government functions, the way our the son of first-generation refugees
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S312 CONGRESSIONAL RECORD — SENATE January 19, 2022
who came from nothing and rose to be- spoke those words on that day. He was community, somehow that drop box in-
come one of 100 U.S. Senators in a na- 1 of 16 Republicans who proudly voted vites fraud just simply because it is in
tion of 350 million people—is only pos- for the 2006 reauthorization but stand our community? Another lie straight
sible because of the civil right giants in the way today, 16 Republicans who from the mouth of a defeated Presi-
who came before me. still are present in the U.S. Senate, in- dent.
The Voting Rights Act ended Jim cluding not only him but Senators And many States are reducing early
Crow-era voting laws, and its GRASSLEY, SHELBY, CRAPO, COLLINS, voting days.
preclearance provision stopped States BURR, INHOFE, GRAHAM, THUNE, COR- When you add up all of these restric-
from resurrecting them in the future. NYN, BLACKBURN, BLUNT, BOOZMAN, tions, what do you get? Longer lines at
States and localities with ugly his- CAPITO, MORAN, and WICKER. the polls, people giving up, folks who
tories of discrimination had to get That is right—16 Republicans who have to get home to their kids, workers
preclearance from the Justice Depart- supported the reauthorization of the who can’t afford to take a day off. To
ment before tampering with their vot- Voting Rights Act still serve in this the partisan architects of these laws,
ing laws. Yet, in 2013, the Supreme body today. So to them, I say: Join us. their sigh of resignation is music to
Court’s 5-to-4 ruling in Shelby County Join us. What has changed? What was their ears. They want to make voting
essentially said that racial progress right then is clearly right now. Join us, so inconvenient for working people and
rendered the need for this oversight ob- and we could pass the Voting Rights communities of color that they don’t
solete—obsolete—as if racism no longer Advancement Act with a bipartisan even bother.
exists in this country. supermajority—no change to the rules The Georgia State legislature gave
The late Supreme Court Justice Ruth necessary. Just join us, as you did in itself the power to remove election of-
Bader Ginsburg said it best. She said 2006. ficials that were elected by the people
that ending preclearance when it is Well, we know that won’t happen, not if they don’t like what they see. Sim-
continuing to ‘‘stop discriminatory today, not since our democracy has ply put, these laws gave State legisla-
changes is like throwing away your been flooded by a torrential downpour tures new tools to disregard—dis-
umbrella in a rainstorm because you of lies. regard—the will of the voters.
are not getting wet.’’ Indeed, that rule Earlier this month, we observed the So I have come to the conclusion
opened the floodgates for new voter 1-year anniversary of the January 6 in- that since Republicans cannot win
suppression laws. surrection. A defeated President’s vio- elections with the power of their ideas,
My colleague from New Jersey often lent mob nearly overturned a free and they are doing everything they can to
cited Texas. Texas, home to millions of verifiably fair election and tried to change the rules of the game so they
Black and Latino voters, resurrected a overthrow the U.S. Constitution. Shots can win anyway. In doing so, they are
strict photo ID law that had been rang out in the Capitol. The Confed- taking us back to a time and place
struck down just the year before. erate flag waved through its hallowed where injustice prevailed, a time and a
Then North Carolina slashed early halls. That never even happened during place that I certainly don’t want to go
voting and ended same-day registration the Civil War. back to nor do I want my children or
with a law that the Fourth Circuit A New Jerseyan and Capitol Police grandchildren to go back to or those
found was ‘‘intentionally’’—inten- officer named Brian Sicknick was whom I represent to go back to.
tionally—written to disenfranchise drenched in bear spray and later died. Finally, as chairman of the Senate
Black voters. Imagine using a toxic substance in- Foreign Relations Committee, I would
Other States, like Alabama, started note that when we see an attempted
tended to fend off bear attacks on fel-
reducing polling locations in minority coup or creeping authoritarianism
low human beings, beating officers
communities. abroad, we call it democratic back-
within inches of death, and inflicting
These measures may not look like
such painful trauma that multiple offi- sliding. Now other countries are won-
poll taxes or literacy tests, but they
cers have since ended their own lives, dering: Is that happening to the United
are the tools of oppression just the
all because one man could not accept States? Dictators around the world are
same. Their intent is the same—to de-
defeat—a man with an ego so big, he jumping for joy. This is what they
press turnout among minority voters—
could not fathom losing by 7 million want to see, democracy in disarray. In
and they threaten the promise of our
votes; an ego so big, he manufactured a fact, last November, the Institute for
vibrant, multiracial democracy.
Now, throughout this debate—I have lie to match it—a lie so big, it inspired Democracy and Electoral Assistance
tried to sit here several hours—I have violence and nearly brought down the added the United States to a list of
heard our Republican colleagues ques- Constitution. ‘‘backsliding democracies’’ for the first
tion, well, why, after record turnouts That lie should have died within min- time ever—ever.
utes of the former President speaking Look, democratic self-government
in the last Presidential election, would
it. Instead, it lived. The Big Lie lived only works when all parties consent to
we feel the need to revisit voting rights
to grow even bigger thanks to a Repub- be governed by whoever wins the most
legislation. Well, the answer is pretty
lican Party that is no longer a party, I votes. That is how elections work. We
simple: If Republicans systematically
believe, of principle but a party of fe- can debate corporate tax rate. We can
were not tearing down the laws that
alty to a wannabe despot. disagree about financial aid funding.
gave rise to the record turnouts, then
Since the insurrection, the most We can differ over healthcare policy.
maybe this wouldn’t be necessary. But
anti-democratic laws since Jim Crow But the outcome of a fair and free elec-
that is exactly what they have done in
have taken the Nation by storm. Last tion, the sanctity of the right to vote—
State after State.
Voting rights used to enjoy broad bi- year, 19 States passed nearly three these are not up for debate.
dozen laws undermining access to the Voting rights are the foundation of
partisan support here in the Senate. In-
ballot box. It is as if they are trying to this entire democratic enterprise, this
deed, Republicans and Democrats stood
codify the Big Lie into law. great American experiment. It is time
together for decades to reauthorize the
In Arizona, Georgia, and other every Senator looks into their souls
Voting Rights Act, most recently in
States, they made it harder to vote by and decides how they want to be re-
2006. In fact, I want to quote one of my
mail, something that my colleagues membered when future generations re-
colleagues on the day of the last reau-
have talked about that Americans have member this perilous moment in our
thorization. He said:
been doing for decades and that Repub- history.
America’s history is a story of ever-in-
creasing freedom, hope, and opportunity for lican GOTV efforts one time long em- This legislation will protect the
all. The Voting Rights Act of 1965 represents braced it as a way to succeed. rights of all of our voters—young and
ctelli on DSK11ZRN23PROD with SENATE
one of this country’s greatest steps forward They are also removing drop boxes in old; rich and poor; Black and White;
in that story. . . . Every American must minority communities under the bogus Latino and Asian; indigenous; immi-
have freedom of political expression—includ- claim that they invite fraud. So when grant; Republican; Democrat; Inde-
ing the free, unfettered right to vote. it is in Reverend Warnock’s commu- pendent; the single mom, exhausted
Those words were from Senate Mi- nity or Senator PADILLA’s community but relieved her neighbor could watch
nority Leader MITCH MCCONNELL, who or CORY BOOKER’s community or my the kids so she could make it to the
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S313
polls; the warehouse worker who can’t takeover of State and local elections. all 50 States to be overseen by the De-
afford a day off but winds up taking Those are truly some wild claims. partment of Justice and a partisan At-
one anyway; the elderly African-Amer- If you take these assertions at face torney General. That power should re-
ican woman, her hand shaking with de- value, I can see why some Americans main with State-level secretaries of
termination as she signs her name on a might be concerned about the State of state, State legislatures, nonpartisan
mail-in ballot—she remembers life be- voting rights in this country, but not a local officials—anyone but one official
fore the Voting Rights Act of 1965, and word of what they are saying is true. at one Department in one branch of the
she will never forget the sacrifices of The good news is that most people Federal Government. In other words,
those who marched for it, who bled for live in the real world, where America he should want exactly the election
it, and even died for the right to vote. shattered records for voter turnout in system we have now. Our decentralized
Now, I will just say one final thing. the 2020 election and 66 percent of eligi- system, with buy-in from a diverse
We all take an oath to the Constitu- ble voters cast a ballot, the highest group of voices, is what allowed States
tion. It is required under the Constitu- level in 120 years. That translates to to adapt to the pandemic and achieve
tion to be sworn in as a Member of 156 million Americans, the most in his- voter turnout, a record turnout in 2020.
Congress. And in that Constitution, an tory. But the Democrats’ Federal election
amendment that is seen only as it re- In my State of Nebraska, 76 percent takeover would give the U.S. Attorney
lates to a different time in history, but of voters cast a ballot in the last elec- General the power to oversee every
it is very clear and very powerful: tion. We have been proud to be a no-ex- State’s electoral process, and it would
The right of citizens of the United States cuse State for absentee voting for turn the Federal Government into a
to vote shall not be denied or abridged by the years since long before the pandemic. piggy bank for our House candidates.
United States or by any State on account of We have that law because we want to Everyone running for election in the
race, color, or previous condition of ser- make it easier for Nebraskans to vote. House of Representatives would have
vitude. And there are many other States that access to Federal money through a new
[And] the Congress shall have power to en- don’t require voters to provide a reason program designed to help them fund
force this article by appropriate legislation.
before voting by mail, not just Ne- their campaigns. The Federal Govern-
These rights enshrined in the Con- braska. ment would match contributions 6 to 1,
stitution under the 15th amendment, Across the country, turnout was up meaning money that belongs to tax-
they are certainly being abridged. They in the last election, regardless of race, payers would go to politicians with
are certainly being affected in a way class, or any other demographic. And views that many of those taxpayers
that we could not fathom in the year according to Pew Research, 94 percent may oppose.
2022. How shameful it would be if we let of 2020 voters said voting was easy. Yet This partisan takeover would require
it slip through our fingers and be bur- Democrats still say voter suppression States to allow felons to vote once
ied under an avalanche of one sore los- is rampant in the United States. The they are out of prison, overruling the
er’s life. How shameful it would be to logical response to that is to ask: OK, States that already have laws in place
violate our oath to the Constitution, to where? preventing this. And if Democrats have
that 15th amendment, in order to pre- In Georgia, Democrats say. their way, they will mandate that
serve some rule that is not in the Con- After Georgia passed a new law last every single State offer same-day reg-
stitution and certainly is not as en- year, things have apparently gotten so istration at every polling place in the
shrined as that right to vote. bad that the President picked Atlanta Nation. If you live in a State that has
I hope that those who joined us in to give a recent speech on the issue. decided that that is not a good idea,
2006 will be there today to vote with us But if you listened to President Biden’s well, too bad.
on the Republican side, and if that speech, you might have noticed that he Mr. President, it is clear that the
fails, then I hope we will change the fil- barely talked about the Georgia law at majority leader wants to get rid of the
ibuster into a talking filibuster so the all. And when he did, he twisted the filibuster to accomplish all of this, but
Nation can see who stands on the side law into an unrecognizable caricature, what Democrats are trying to do in
of ensuring the franchise of that right into Jim Crow in the 21st century. He Congress right now is the best argu-
to vote for every American. has shamelessly and intentionally mis- ment I could ever imagine for keeping
I yield the floor. represented the Georgia law for the filibuster. Think about it this way.
The PRESIDING OFFICER. The Sen- months, and his speech last week was Let’s say we are talking about before
ator from Nebraska. no different. the 2020 election and I told you that
Mrs. FISCHER. Mr. President, some- But something he didn’t say in his Republicans would retain the Presi-
thing I have been hearing a lot lately speech is that the Georgia law extends dency and the Senate and we would win
from members of the media, from early voting to 21⁄2 weeks. That is back the House, but the Senate would
many of my Democratic colleagues longer than blue States like California be split 50–50 and we would barely have
here in the Senate, and even from the and New York, and it is longer than the a majority in the House.
President of the United States is that President’s home State of Delaware, In fact, Republicans are going to
democracy is at stake, that democracy which currently allows for zero early- have the slimmest majority in Con-
will die if we don’t make drastic voting days. Maybe he should have gress in more than a century. But
changes to our election system, that given that speech at his house in Dela- guess what: Republicans are going to
we are just one election away from the ware instead of in Georgia. And he try to pass bills that most Americans
end of the experiment our Founders didn’t say the language in the Georgia don’t fully support anyway, and we are
began in 1776. bill that requires voter ID for absentee going to dismantle a rule that has pro-
If my colleagues really believe that ballots is very similar to a bill that moted bipartisanship and compromise
our democracy is teetering on the edge passed the Senate almost unanimously in this body for nearly 200 years to ac-
of the cliff, that it is going to fall over in 2002, the Help America Vote Act, complish it.
the edge unless we transform the way with President Biden voting in favor. And be honest, you would say that is
we run elections across the entire So if the Georgia law is the best outrageous, and you would be right. It
country, then they need to be able to Democrats can do, then there is simply is outrageous. You would be begging
tell the American people why. But, in- no evidence for the idea that Repub- those of us on the other side of the
stead, all I am hearing from Demo- lican State legislatures around the aisle to leave the filibuster untouched.
crats—even from the President, him- country are trying to restrict voting And if you think way, way back into
self—is that democracy is on its death- rights. the past—all the way back to 2017 and
ctelli on DSK11ZRN23PROD with SENATE
bed; that Americans are no better than With that in mind, here is a friendly 2018—Republicans were in the same sit-
George Wallace or Jefferson Davis if suggestion for the President. If he uation that Democrats are in now. We
they dare to question that; and that truly believes, in spite of all that, that had a Republican President and majori-
the only solution is for one party to re- democracy itself is at stake in a way it ties in both Chambers of Congress. We
write the rules of the U.S. Senate to has never been before, the last thing he had bigger majorities than the Demo-
pass a completely partisan Federal should want is for the voting laws of crats have today.
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S314 CONGRESSIONAL RECORD — SENATE January 19, 2022
The former President even outright Mr. MANCHIN. Mr. President, first of anything and come back on Monday
asked us to abolish the filibuster, and all, I want to congratulate all of these and say, ‘‘OK, now, Senator THUNE,
that brought many, many Democrats speakers. It has been wonderful hearing would you go on this amendment with
to the floor praising the filibuster, say- all of my colleagues on both sides of me and help me with this bill,’’ after I
ing it should never be abolished. the aisle state their positions, as they just came out and basically worked for
But we didn’t abolish it for the sim- have done so eloquently. We have all your opponent that the Democrats
ple reason that burning down 200 years learned a lot. I am not sure it has have recruited and basically given
of bipartisan history for a few tem- changed anything, but we sure have them money.
porary victories is shortsighted, at learned a lot in this process. That is not going to happen. It is not
best, and institutional arson, at worst. But I rise today to rebut what I be- going to happen.
And don’t think that by presenting lieve is a great misleading of the Amer- So I keep thinking, we keep think-
this talking filibuster Americans won’t ican people. ing: What is wrong with the place?
see the Democrats’ efforts for what Before I get into the details, let me That is what is wrong. I tried to get
they really are—a ploy to abolish the tell you a little bit about where I come just a little oath that we could all sign
60-vote threshold for legislation, to from and my political background. I that we wouldn’t do that to each other.
abolish the need for bipartisanship, be- have been involved in public service in I guess there used to be a gentlemen
cause, in reality, it will only take a my State of West Virginia for over 40 and ladies’ agreement that you just
majority vote to pass controversial years, in one capacity or another. I didn’t do those things, but not any-
bills. have been in the house of delegates. I more, not anymore.
Nebraskans can certainly see have been in the State senate for 10 I heard about the good old days. I
through this. In Nebraska, State sen- years. I have been secretary of state. I don’t know what happened to the good
ators have to speak on the floor to fili- have been Governor for two terms. And old days, but I can tell you they are
buster a bill before our legislature, but now I have been here in the Senate for not here now.
We can talk about a lot of things and
to overcome the filibuster in Nebraska, going on 11 years.
When I served in the legislature, I the way we want to change, but I still
you need two-thirds of senators to vote
could put a bill on the floor or I could really believe we should talk about
to end debate, not the simple majority
put a bill in committee, and it would how we treat each other and how we
that Leader SCHUMER has proposed be-
approach each other in a body that this
fore this body today. go through committee. It would go to
330 million people are depending upon.
Nebraskans have benefited from the the floor if it came out. I could get
But rules—what little bit we have
consensus-building and the moderation amendments on it. Sometimes it left that maybe makes us take pause
in developing good legislation that this passed; sometimes it didn’t. before we jump off of that bridge—we
rule promotes for nearly 100 years. We But, at the end of the day, we had a
had better be careful what we are
know that it works. The 60-vote thresh- place we called ‘‘Junior Rules.’’ It was
doing.
old in the U.S. Senate does exactly the behind the senate chamber. You would After the State legislature, I also had
same thing for all Americans. So I urge go behind the door, and there would be the privilege to serve as West Vir-
my Democratic colleagues: Don’t abol- ‘‘Junior Rules.’’ After it was over, after ginia’s secretary of state. I never one
ish the filibuster. we had our debates and discussions— time, as secretary of state in my offi-
And if Democrats won’t listen to rea- whether it be in committee or whether cial capacity, had anyone ever talk to
son from Republicans, they should lis- it be on the floor—we would all gather, me: We have got to suppress the vote.
ten to the President himself. Democrats and Republicans. We ate to- Democrat, Republican, Independent, no
When he was a Senator, he said: ‘‘At gether. We had some refreshments to- matter what, no one ever came and
its core, the filibuster is not about gether. We spoke about what happened said: Joe, we have got to stop this
stopping a nominee or a bill, it’s . . . today and what we could do to make it group from voting because that won’t
about compromise and moderation.’’ better tomorrow. I never could under- help us. No one ever thought that way.
He has forgotten that now, but that stand, when I got here, how divided we You know where most of my ideas
doesn’t mean his colleagues who are were. How did this happen? came? I brought in early voting. I had
still here have to forget it. Senate So I kept thinking, when I first got a lot of men working in the mines,
Democrats were happy to use the legis- here they said: Well, you know, the Re- shift working and all that, and some-
lative filibuster hundreds of times publicans are over there, and we are times on Tuesdays, on our election
under President Trump. the Democrats here, and it is nice. We day, they couldn’t get off. They had to
Not so long ago, it was ‘‘the most im- all get along and everything. But now, work.
portant distinction between the House when they run, we have to be against So someone says: Do you know what
and the Senate,’’ and without it, the them. we did in our State? We got early vot-
Senate would become ‘‘much more sub- I have to be against you, no matter ing. We call it no-excuse voting. You
ject to the winds of short-term elec- how close you may be, no matter if I can come any time you want. You have
toral change.’’ That was the now-ma- sat beside you, no matter if we have got 7 days, 10 days, 2 weekends, what-
jority leader, and he was 100 percent dinner at night. If it is your election ever.
correct. cycle, I have to be against you. Not So I had a hard time getting people
But now the Democrats are in power, only that I am supposed to be against to understand. They think: Oh, maybe
and they have changed their minds. you, I am supposed to basically write a something bad is going to happen;
Today, the filibuster is not only no check to whoever is running against something nefarious will happen.
longer essential, but anyone who sup- you—to whoever is running against It took a while for me to get 7 days
ports keeping it is called a racist. That you. And maybe, even, they want me to in, just one week in. I fought for that.
is truly incredible, and it is offensive. maybe go to your State and campaign After I got 7 days, they wanted more.
The Democrats who supported the fil- against you. I understand that Kentucky just has
ibuster a few years ago clearly weren’t And I am thinking: You know some- early voting, and that is great. They
being truthful, and they aren’t being thing, where I come from in West Vir- make those decisions.
truthful now about the state of voting ginia, if I went to work during the day That came out of the experiment we
rights in this country. and you did that to me, we are going to call the great experiment, State by
The problem they are responding to go outside and have a little conversa- State. There are 50 experiments that go
simply doesn’t exist, and the solution tion. That ain’t going to happen back on every day in every State. We should
they have for this imaginary problem where I come from. And I wasn’t going learn from them. They should learn
ctelli on DSK11ZRN23PROD with SENATE
would do lasting harm to our democ- to do it here. from us. We all share together. We
racy. I will be voting against this par- Now, if we can change some things, have got many former Governors sit-
tisan takeover of our elections. that is what we should be changing. ting here. We know how this works.
I yield the floor. Why should we do this? How are we ex- And that is what we are talking about.
The PRESIDENT pro tempore. The pected to sit down at the end of the day I also started a program called
Senator from West Virginia. or the end of a session or at the end of SHARE. It was the SHARE Program. I
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S315
had low turnout in West Virginia, and cloture rule. It required the debate to and all of us would like to make
I was trying to get the turnout up. So end when two-thirds of voting Senators amendments. If you want to see it
I am thinking: What can I do? And I al- willed it. work again, let’s do it. Let’s go for it.
ways thought this: I can’t sometimes Since then, the cloture rule has been That is exactly what I think should
teach an old dog new tricks, but I can amended seven times, always by reg- be done. I think the American people
teach a pup some tricks and maybe get ular order. I hear all of these things really need that. I think that we owe
the old dog to follow him. So I thought that we are talking about, but we for- that to them. We wasted a year behind
of a program called SHARE, Saving get that a lot of things are done with the scenes, partisan negotiations back
History and Reaching Every Student— regular order. Just recently, Senator and forth, talking through each other,
Saving History and Reaching Every SCHUMER, Senator MCCONNELL, the around each other, but not to each
Student—because Jennings Randolph, debt ceiling—they did that using the other.
former Senator Jennings Randolph in rules. You didn’t break the rules to do Let’s have the debate, Democrats and
West Virginia, was the father of the 18- that. You did it. You worked it out, Republicans, and let the American peo-
year-old vote. It took him 21 years to which is the leadership’s responsibility. ple decide. The pressure will come.
get it done. He started back in World It means that the Senate has fol- That is what the filibuster is all about.
War II and didn’t get it done until the lowed its own rule book when making The pressure is mounting until you
1970s—1970. He was the father. changes that affect legislative debate. have made either a compromise, you
So I had the Jennings Randolph We have changed rules. We have all have made a decision; you all have de-
award. I had every high school com- talked about how many times rules cided to go—you know, one way or an-
peting for it, because we went out and have been changed. We changed them, other, you are going to end that fili-
educated students that if you are 17 but we changed them with the rules. buster. And today, we haven’t seen
years of age and you turn 18 on elec- We didn’t break the rules; we changed that.
tion day or before—on general election the rules. But, all of a sudden, now we Just 4 years ago, 61 of us, 61 Sen-
day or before—you can vote in the pri- just can’t do it anymore. We just got to ators—myself being 1—33 of us on the
mary election at 17 years of age. No blow it up. Democrat side, many of whom are sit-
one knew that. The kids didn’t know The rule book means that the rules ting in the Chamber today—you have
that. changes are done on the basis of broad heard this many times. We sent a let-
We got them all fired up, and, I mean bipartisan consensus, not imposed on ter to Senator SCHUMER and to Senator
to tell you, we had awards and made a the minority by raw majority power. MCCONNELL warning them of the dan-
big ceremony, and all of our election No matter who is in power, the major- gers of eliminating the filibuster. That
counts went up. Everything went up. ity does not have that power to do that letter presented a united front com-
We did a good job. And they really, in this Senate. mitted to ‘‘preserve the ability of the
really appreciated it. Now my colleagues propose to side- members to engage in extended debate
So we were able to increase the turn- step this process. They would use the when bills are on the Senate floor.’’
outs, but I believe with every fiber in nuclear option to override a rule that While some of the Senators have
my body that every eligible citizen of we have used ourselves but now seem changed their positions, I have not. I
voting age should have the right to to find unacceptable. respect that this is a two-way street,
vote and be protected by law—every- Unacceptable now. and I would hope you would respect
one. And I think everyone in here be- We are going to break the rules to where I am. I respect that you have
lieves the same thing—I truly do—that change the rules. We will make up new changed your position on this. I would
we should be able to do that. rules as we go along and invite our- hope that you would respect that I
Later today, we are going to vote. selves and future majorities to dis- have not, and I have never wavered on
And I am going to vote, again, to pro- regard the rule book at will. this.
tect that right, and I am going to be No rule of the Senate can withstand I do not and will not attack the con-
proud to cosponsor the Freedom to the act of a willful majority. No rule tent of the character of anybody who
Vote Act and the John Lewis Voting will withstand a willful majority—not has changed their position, and I would
Rights Amendment Act. We all have the cloture rule or any other rule. Let hope you would give me the same op-
different positions on that, but I am this change happen this way, and the portunity and not attack mine.
proud to be a part of that. But that is Senate will be a body without rules. Allowing one party to exert complete
not what we are debating right now, There will be no rules. control in the Senate with only a sim-
and I think we all know that. Right The Senate’s greatest rule is the one ple majority will only pour fuel on the
now, we are debating a fundamental that is unwritten. This is an unwritten fire of political whiplash and dysfunc-
change in the Senate rules that will rule, and it is the greatest one we have. tion that is tearing this Nation apart,
forever alter the way this body func- It is the rule of self-restraint, which we and you don’t have to look very far to
tions. have very little of anymore—self-re- see how we are tearing ourselves apart.
For the last year, my Democratic straint. That rule will be broken along I can tell you, in every part of this
colleagues have taken to the Senate with the cloture rule if the nuclear op- country, people are divided now. It
floor, cable news airwaves, and pages of tion is executed, and for that—I cannot used to be that we couldn’t talk about
newspapers across the country to argue be a party to that. religion at the supper table; now, you
that repealing the filibuster is actually But there is good news. Here is the can’t talk about politics. It has truly
restoring the Senate to the vision that good news. We don’t have to change the become a blood sport, and it should not
the Founding Fathers intended for this rules to make our case to the American be that way.
deliberativee body. people about voting rights, about the The rest of the world is looking at us.
My friends, that is simply not true. John Lewis. We don’t have to. We real- They are depending on us. They are
It is just not true. The U.S. Senate has ly don’t. looking for guidance. They are looking
never, in 233 years, been able to end de- Senator SCHUMER didn’t have to file for some stability.
bate on legislation with a simple ma- cloture to cut off debate. He didn’t If we do this, there is not going to be
jority vote. With a simple majority have to fill the amendment tree to any check on the executive branch.
vote, they have never been able to end block Republican amendments. We are Bob Byrd was scared to death of not
debate. They could not stop the debate. here. We could have kept voting rights having a check on the executive
Robert Byrd used to say that there legislation as the pending business for branch, even when the executive
are two things a Senator can do: A the Senate today, next week, a month branch was part of his own party, being
ctelli on DSK11ZRN23PROD with SENATE
Senator has a right to amend and a from now. This is important. Let’s a Democrat. He always said: I do not
right to speak. He always said that. work it out. Let’s stay here and go at work for the President; I work for the
In fact, prior to 1917, there was no it. I think you all are here. Everybody people of West Virginia. He made very
mechanism for ending debate in the is here. We had a lot of good talks sure of that, he made sure that every
Senate whatsoever. You couldn’t end today. I am sure you have a lot of President knew that, and he made sure
it. In that year, the Senate adopted the amendments you would like to make, he would hold them accountable, and
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S316 CONGRESSIONAL RECORD — SENATE January 19, 2022
they weren’t going to streamroll over Eliminating the filibuster would be JEANNE SHAHEEN, SHERROD BROWN,
him. the easy way out. It wasn’t meant to be BRIAN SCHATZ, MARIA CANTWELL, MAZIE
The filibuster plays an important easy. HIRONO, JON TESTER, TOM CARPER,
role in stabilizing our democracy from I cannot support such a perilous MAGGIE HASSAN, TAMMY DUCKWORTH,
the transitory passions of the majority course for this Nation when elected TIM KAINE, JACK REED, ED MARKEY,
and respecting the input of the minor- leaders are sent to Washington to unite DEBBIE STABENOW, SHELDON WHITE-
ity in the Senate. our country, not to divide our country. HOUSE, and BOB MENENDEZ all asked me
Contrary to what some have said, We are called the United States, not to join them in opposing any effort to
protecting the role of the minority, the Divided States, and putting politics curtail the existing rights and preroga-
Democrat or Republican, has protected and party aside is what we are sup- tives of Senators to engage in full, ro-
us from the volatile political swings posed to do. bust, and extended debate.
that we have endured over the last 233 It is time that we do the hard work I will. I would be glad to join you in
years. to forge the difficult compromises that that because I believe this body is a
The role of the minority is what en- can stand the test of time, and that is unique body in the world, just like you
sures the policies of our Nation have why we are here—230 years. Think did in 2017. I don’t know what has
input from all corners of the country. about it. Wars. Depressions. Think of changed. Debate is still debate. Dif-
We must never forget this is a Senate all the hardships this country has gone ficult issues are still difficult issues.
made up of 50 States, 100 Senators, blue through, all the people who have suf- And when my Democratic colleagues
States and red States. fered and fought for every right we filibustered almost 600 times in 6 years,
For those who believe that biparti- have. We are not going backwards. it was their right, as it has been for
sanship is impossible, we have proven But with that being said, we can do two centuries.
them wrong. In the last several years, better than what we are doing today. This is the one place in American
we have made historic investments in We truly can. We must promise Ameri- Government where the voice of the mi-
our Nation’s public lands, passed tril- cans a brighter future. I think we can nority is heard—the one place. This is
lions of dollars in COVID–19 relief, and do that together. the one place where minority opinions
finally invested in rebuilding our Na- I yield the floor. have to come to the forefront.
tion’s infrastructure. These critical The PRESIDING OFFICER. The Sen- A discussion about changing the
pieces of legislation have had signifi- ator from Oklahoma. rules of the Senate with simple 51 votes
cant impacts on Americans across the Mr. LANKFORD. Mr. President, in and to be able to shift this to a body,
country. They were passed with broad the last 6 years, Democrats have fili- on legislation, where whoever is ahead
bipartisan support. bustered 589 bills and nominations— on the football game gets to decide the
We can do it again. We truly can. We 589. That was their right as the minor- rules for the rest of the game is not
can make it easier to vote. We must. ity at the time. That right has been really a set of rules at all, and it will
We can make it harder to cheat. I protected. It was their right to demand fail to protect the voice of the minor-
think we can. We have heard from our that their voice be heard, but it seems ity in America, this unique thing that
Republican colleagues, who basically like that was then; this is now. we have where even if you lost an elec-
agree with us on that. We can reform Two years ago, when Senator TIM tion, you know at least your voice can
the Electoral Count Act, which is what SCOTT brought a serious policing re- still be heard and you won’t be run
caused the insurrection. We agree on form bill to the Senate floor to debate over.
that. We can fix that. We will never at a moment of national debate on sup- A conversation that is happening in
have to witness another January 6, porting law enforcement, Democrats this body today to say we are going to
such an absolutely deplorable stain on filibustered that bill and would not permanently block out the opinions of
this great country of ours. And we can allow open debate on that bill. the minority in America is a wrong de-
protect local election officials from Just last week—just last week—55 cision, and I will join the 27 Demo-
harassment and intimidation by mak- Senators voted for sanctions on Russia cratic Senators who asked me 4 years
ing them Federal crimes. We can do as they surround the borders of ago to join them in opposing that
that, and I know we can do that to- Ukraine. Just last week, 55 Senators change because it is the wrong direc-
gether. voted for that, but that wasn’t enough, tion.
I am going to leave you with this: In and the voice of the minority was pro- I have enjoyed listening to some of
May 2010, just a month before Robert tected when Democrats blocked sanc- the speeches—and I have listened all
C. Byrd died—he died in June of 2010. tions on Russia as they threatened day to speeches of my Democratic col-
This was a month before. Senator Byrd Ukraine. That was their right to do, leagues—about how broken the Senate
was asked by then-chairman Senator but it seems like that was then; this is has become and about how it needs to
CHUCK SCHUMER of the Rules Com- now. be restored to its status as the world’s
mittee—I believe at that time—to tes- This letter in 2017 was sent. Twenty- greatest deliberative body. I agree.
tify about the filibuster before the Sen- seven Democratic Senators wrote a let- Senator MANCHIN, who just spoke be-
ate Rules Committee because of his un- ter to MITCH MCCONNELL and CHUCK fore me, made that same challenge to
surpassed knowledge on this subject. SCHUMER asking that there be no say: Let’s do it. Let’s actually engage
Senator CAPITO knew him well too. changes in the legislative filibuster, in- in debate. Let’s solve these issues.
She knows how he would pontificate at cluding this sentence that they all Let’s actually work behind the scenes.
times with us. wrote together: Let’s not talk at each other through
Senator Byrd began by quoting We are mindful of the unique role the Sen- the media; let’s actually talk to each
ate plays in the legislative process, and we other. Let’s close the door and actually
James Madison. He said: are steadfastly committed to ensuring that
Madison said that the purpose of the Sen- get a chance to be able to work
this great American institution continues to
ate was ‘‘first, to protect the people against serve as the world’s greatest deliberative
through things and be off the C–SPAN
their rulers, secondly, to protect the people body. Therefore, we are asking you to join us camera for a moment and not do the
against the transient impressions into which in opposing any effort to curtail the existing show. Let’s actually engage in real dia-
they themselves may be led,’’ and that the rights and prerogatives of Senators to en- logue. Let’s solve the issues.
Senate serves as a ‘‘necessary fence against gage in full, robust, and extended debate, as That is what we are supposed to do.
such danger.’’ we consider legislation before this body and What we are not supposed to do is to
Senator Byrd testified that ‘‘the in the future. say: You know what, I don’t want to do
right to filibuster anchors this nec- That was then; this is now. that kind of hard work behind the
ctelli on DSK11ZRN23PROD with SENATE
essary fence.’’ He concluded with, ‘‘We Then-Senator KAMALA HARRIS, CHRIS scenes. I will just change the rules,
must never, ever, ever, ever tear down COONS, PATRICK LEAHY, DIANNE FEIN- blame it on you, and walk away.
the only wall, the necessary fence, that STEIN, AMY KLOBUCHAR, KIRSTEN GILLI- That is not what we are supposed to
this nation has against the excesses of BRAND, CORY BOOKER, MICHAEL BENNET, do as a Senate.
the executive branch and the resultant JOE MANCHIN, ANGUS KING, MARK WAR- I have been told today that I refuse
haste and tyranny of the majority.’’ NER, BOB CASEY, MARTIN HEINRICH, to stand on the side of democracy. I
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S317
was told by President Biden last week But my State is being thrown under We have disagreement on how much
that I either stand with the Republican the bus currently. My State is cur- control unelected folks are going to
Abraham Lincoln or the Democrat Jef- rently being accused by some of my have on redistricting.
ferson Davis and I should make my colleagues as being a State that is on We just have disagreements on these
pick. Well, I would say, for me, person- the list of 34 evil States that have things. Can we not have disagreements
ally, as a member of the party of Lin- passed voter suppression laws in this and debate these things out and not be
coln, I probably stand with Abraham past year. called a racist in the process; that you
Lincoln. Do you know what my State’s guilt are joining with Jefferson Davis if you
I am concerned that my friends on is? We passed a law this past year that disagree whether House Members
the other side of the aisle—and I do said, if you are going to vote absentee should be paid while they are running
have many friends on the other side of by mail, you have to request it 15 days for office out of Federal tax dollars?
the aisle. I am concerned that somehow before the election. We did that be- I don’t think this is about voting
they have convinced themselves that cause the U.S. Postal Service asked us rights anymore. I think this has be-
when they filibuster, it is righteous, to do that because the U.S. Postal come about power.
but when I filibuster, it is evil and that Service said if a ballot is going to be I don’t have any doubt that we need
this time it is different. And somehow mailed out to somebody and get mailed to protect the voting rights of every
with the filibuster, we can change it a back in time and get counted, we need single individual. That is why I am
little bit and only be a little bit preg- 2 weeks of time to do it, not 7 days. grateful the 1965 Voting Rights Act is
nant, and it will all be fine. By the way, my State is on the list of there. But I want to make sure that we
I just don’t think it is going to work the 34 evil States doing voter suppres- are protecting our Republic and that
that way, and I think a century from sion, but the State of New York passed we stay engaged in what it takes to ac-
now writers will look back on this day the exact same law, and somehow, they tually guard, day-to-day, how we vote,
and will identify what started the are not on the evil list. But they also how we make decisions, and that we
crack—when the Senate started to say: followed the encouragement of the U.S. admit there are differences in voting
We no longer are going to try. We are Postal Service to give 15 days for the between Alaska, Oklahoma, and New
just going to become the House and run ballot to go out and to come back. York.
over the minority, and the voice of the My fellow colleagues, that is not Now, again, we disagree on some
minority in America is no longer going voter suppression, that is making sure things, and there are some things in
every vote counts—but somehow my this bill that even some of the folks in
to count.
I stand on the side of the filibuster, State is on the list. this room, their own States don’t agree
We do get a little frustrated when we
like Senator SCHUMER did in 2017, when with. The State of New York doesn’t
get accused of being racist when we
he stood right over there and looked in allow same-day registration. In fact,
disagree on some issues in this bill.
the eyes of Senator MCCONNELL and We have some disagreements on they just voted on that in November
said, ‘‘I hope the Republican leader and whether felons, as they walk out, and voted it down. The people of New
I can, in the coming months, find a should be able to vote immediately. York said: We don’t want to do that.
way to build a firewall around the leg- That has been State-to-State decisions. The State of New York doesn’t allow
islative filibuster, which is the most I understand some States do that, some no-excuse absentee ballots. My State
important distinction between the Sen- States do not. My State hasn’t voted does. We have done that for years. The
ate and the House. Without the 60-vote for folks who are convicted sex offend- State of New York doesn’t allow people
threshold . . . the Senate becomes a ers and rapists and murderers, the day to bring food and water to people in
majoritarian institution like the they walk out of the prison, to have line. The State of New York requires
House, much more subject to the winds their voting rights returned. By the people to request an absentee ballot to
of short-term electoral change. No Sen- way, some of the folks on the Demo- do it 15 days before the election, ex-
ator would like to see that happen so cratic side of the aisle, your State has actly like my State does.
let’s find a way to further protect the not either. This bill changes that. Can Listen, let’s debate the issues. Let’s
60-vote rule for legislation.’’ we have an honest conversation about take the time needed to resolve it, and
I stand with Senator DURBIN when he convicted rapists walking out of prison let’s actually resolve it.
said, ‘‘I can tell you [ending the legis- and voting the next week, whether that We talked a lot about division and
lative filibuster] would be the end of is something that should be restored things that are hard. If you don’t mind
the Senate as it was originally devised right away—by the way, even during me taking a bit of a detour, there are
and created going back to our Found- their time of parole? things that we agree and disagree on,
ing Fathers. We have to acknowledge We have disagreements on voter ID. some of them profoundly. One of them,
our respect for the minority, [and] that We have disagreements on same-day I want to mention as well.
is what the Senate tries to do in its registration. We apparently have dis- You know, this week would have
composition and its procedure.’’ agreements on whether we should have been Betty White’s 100th birthday. You
Listen, we disagree on some elements House candidates for Federal office get talk about America’s sweetheart. I
on this bill, and I have heard the de- to take a salary from Federal tax dol- can’t find a soul who doesn’t like Betty
bate. lars while they are running for office White. If you find somebody who
I will tell you, I have been outspoken and get a 6-to-1 match, where the 6 is doesn’t like Betty White, will you let
to protect the rights of every indi- the Federal dollars and the 1 is the pri- me know who that is because that is
vidual to vote in our State. I am proud vate dollars if you are running for the one hard heart.
of the voting laws in my State. We House of Representatives. No, I don’t Everyone loves Betty White.
have early voting. We have no-excuse think I am a racist because I disagree Betty White spent 70-plus years rais-
absentee voting. We engage people to with whether House candidates should ing money in support of the Humane
be able to vote in every community, be able to take a salary from Federal Society—overwhelming support, mil-
and we fight very hard to be able to tax dollars while they are running for lions of dollars that she raised for the
make sure that every place and every office and get a 6-to-1 match, but that Humane Society, and there was broad
precinct has the shortest line possible. is what I am being accused of consist- support for puppies and kittens. So I
That has been a big deal for our State ently. can just ask the question: Who dis-
for a long time. We have a disagreement on auto- agrees with Betty White, puppies, and
You go back to the 1965 Voting matic registration of voters. Appar- kittens? See, we have got common
Rights Act and you look across the ently, there are some other disagree- ground already.
ctelli on DSK11ZRN23PROD with SENATE
South and the States that went under ments because, even in the bill itself, it But it is interesting to me, and I am
preclearance, my State was not one of gives a waiver for people who are ille- astounded at times, how we see some
those because in my State, even at gally present in the country who ‘‘acci- things so similar and some things so
that time with Jim Crow laws, we were dentally’’ get registered to vote; that it different—hard issues at times.
protecting the rights of individuals to gives them some immunity in that Let me give you a Rorschach test.
be able to vote, as it should be. process. Can I do that? You know a Rorschach
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S318 CONGRESSIONAL RECORD — SENATE January 19, 2022
test, the ink blot? Let me give you a conscience protection, just giving the through the media rather than talk to
Rorschach test. rights of a nurse—of a nurse—who told each other in here.
What do you see in that picture? I see her employer, ‘‘I don’t want to perform I brought it up because the conversa-
a child when I look at it. That looks a abortions. I have a conscience issue tion about her has been filibustered
lot like a baby to me. Now, you may with that,’’ and then was hired, and over and over and over and over again,
look at it and say, ‘‘I don’t see it. I see later, her hospital said, ‘‘You have to and we don’t get to have a real debate
a castle or I see clouds,’’ but in this participate in this abortion.’’ about her. We just move on.
particular Rorschach test, it happens We have laws in America that pro- When do we get to have a conversa-
to be a modern sonogram of a child. tect that. They just have no teeth at tion about her—that is, a real dia-
Why do I bring this up? Why do I all. So individuals do get forced into logue—and determine what direction
bring this to the floor today? performing abortions against their con- we go as a nation? For her sake, I hope
It is fascinating to me on the debate science. We brought that to the floor, it is soon because she matters.
today that as a Republican I can be ac- but it got filibustered. I yield the floor.
cused over and over of not caring about We brought to the floor the protec- The PRESIDENT pro tempore. The
the challenges of voting in America, tions of children in the womb who have Senator from Maryland.
when I would be willing to ask the Down syndrome; that they couldn’t be Mr. CARDIN. Mr. President, I dis-
question: Does this child get to vote 18 agree with the last speaker’s charac-
aborted simply because they have
years from now or does she get dis- terization of the issue he was bringing
Down syndrome, but guess what. That
up, but I want to stay focused on vot-
posed of? What happens to her? got filibustered and blocked.
I do believe every life matters, no We brought bills to the floor saying ing rights because this is an important
matter how old or how young, how that if a child was born alive in a moment for the U.S. Senate.
This is our opportunity to debate the
small or how big, regardless of race or botched abortion, they had to get med-
need for voting protection and voting
color or national origin or sex or abil- ical care, but it got filibustered and
rights, but I do want to make one com-
ity. All people have inherent value. All blocked. ment.
people have worth and all should be By the way, I wish the people in this My colleagues on the other side of
protected in America. This is the room had the opportunity to meet the aisle have said that they welcome
United States of America. some of the folks whom I have had the an opportunity to debate voting rights
And that child matters. Forty-nine opportunity to be able to meet who are legislation and talk about ways that
years ago, the Roe v. Wade decision abortion survivors because I hear from we can get this bill to have bipartisan
was made. It is coming up this Friday, people all the time: That never hap- support.
the 49th anniversary, actually. That is pens. That never happens. I would like The majority leader, several weeks
why I bring it up. you to meet some of them who literally ago, offered a motion to proceed on
There will be tens of thousands of survived a botched abortion, that they voting rights. He filed cloture so that
students out for the March for Life. It were delivered alive and someone in we could get on the bill and have the
will be an absolutely spectacular and the room took them to the hospital in type of debate that my colleagues now
beautiful display of dignity and value their own vehicle, usually, and they are telling us they want to have, and
of every single human life. survived. not a single Republican voted to pro-
In 1973, just a few months after that I wish you had the opportunity to be ceed on voting rights legislation at
decision was handed down, Nellie Gray able to sit down with Dr. Alveda King. that time. So I find it a little bit dis-
and some other pro-life leaders like the The daughter of Dr. King is a great heartening to hear this newfound de-
Knights of Columbus and other civil rights leader, and, yes, it is the sire to start taking up voting rights
groups—they decided that one way niece of that Dr. King you are thinking when we have been negotiating and
they could continue the national dia- of, who is an outspoken proponent for talking and debating this issue now for
logue about children was the March for life and speaks often of grace to people. this entire Congress. We also have a
Life until Roe v. Wade was overturned. I wish we had the opportunity to be historic opportunity to vote on voting
And I am going to march again with able to talk more about chemical abor- rights if we take advantage of that op-
them this year, and it will be freezing tions and what is actually happening in portunity.
cold again this year, like it usually is that industry, where people are lit- I represent the State of Maryland,
in late January. erally being mailed drugs from all over and I know we have talked about 19
A lot has changed since 1973. Times the world to be able to perform abor- States that are moving in the wrong
have changed the conversation on abor- tions at their homes or in their dorm direction on protecting voting rights.
tion. Where it used to focus on cells rooms or hotel rooms, where this child Maryland is not one of those States. In
and tissue and viability, now science is being delivered into a toilet and fact, the Maryland Legislature has
recognizes that babies can feel pain, flushed; about how we have a much taken steps to make it easier for voters
have a beating heart. That child al- larger incidence of deaths of moms in to be able to register and cast their
ready has fingerprints, in fact. By that chemical abortions than there is in votes.
age right there. It already has finger- surgical abortions; and about the sta- The Voting Rights Act was authored
prints. tistics that have been kept, which, by by my Congressman, JOHN SARBANES,
By conception, that child has DNA the way, were blocked from being kept and I am proud of the work that he has
that is different than the mom’s and and are other than just deaths. From done because Marylanders recognize
different than the dad’s. Every single 2007 to 2017, there were 3,800 what they that we administer elections locally
person in this room was once in your call adverse events from chemical but that we need national standards,
mom’s womb, and the only difference abortions that had occurred. and that is why this legislation is
between you now and you then is time. Why do I bring all of this up? under consideration.
That is it. I bring it up because this week, we After the Civil War and Reconstruc-
And I will be very blunt, my greatest are going to remember 49 years of Roe tion, powerful officials sought to nul-
hope is that, after 49 years, this will be v. Wade, and we are going to start a lify the political outcome of the Civil
the last March for Life in a Roe v. dialogue in the days ahead about how War. They passed laws and instituted
Wade America; that this will return States are going to handle life and policies that enforced segregation. We
back to the States to be able to make what that Rorschach test is. Is that a all know those laws: the Jim Crow
decisions. baby or a tissue? We will have to face laws, the Black Codes, the institu-
In my State, we will step up to this that reality. tionalized segregation. They were en-
ctelli on DSK11ZRN23PROD with SENATE
Rorschach test, and we will say, ‘‘That I bring it up because it is a rare mo- abled by Jim Crow laws that were
looks like a baby to me,’’ and we will ment for us to have a real, bipartisan aimed at disenfranchising minority
start protecting the value of every sin- conversation today. As the body voters with poll taxes and literacy
gle child. knows, it is not often we all sit in our tests and voter intimidation—rational-
We have brought bills to this floor chairs and actually talk to each other. ized in protecting our national security
that have been filibustered, bills on We typically talk to each other and voter integrity.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S319
Thanks to courageous leaders, we The Senate filibuster prevented the so the Senate can restore its practices
were able to reverse those laws—by passage of civil rights legislation to re- and so we all can be proud Members of
Presidents such as Harry Truman, in verse the Jim Crow laws until, finally, a body that debates and votes. That is
1948, in integrating our military; by in 1964, the filibuster ended, and the what we can do while respecting each
our courts in the landmark decision in Senate voted. Member’s rights and respecting minor-
1954 of Brown v. Board of Education, By invoking cloture, we can vote now ity rights.
and Marylanders are proud of Thurgood to protect the voting rights of Ameri- I urge my colleagues to support clo-
Marshall, a native son of Maryland’s, cans. We can do it right now by passing ture and, if cloture fails, to support the
in the role that he played in arguing cloture and being on the right side of leader’s point and be on the right side
that case before the Supreme Court; history. If cloture is denied, we will of history.
and by our Congress with its historic have the opportunity to restore the I yield the floor.
action in 1964 to pass the Civil Rights Senate to its best traditions—to debate The PRESIDENT pro tempore. The
Act, in 1965 to pass the Voting Rights and vote; to require those who want to Senator from Arkansas.
Act, and in 1968 to pass the Fair Hous- use rule XIX—and rule XIX is our fili- Mr. COTTON. Mr. President, infla-
ing Act. buster rule—to actually be on the floor tion is at its highest level in 40 years.
Today, we are now seeing a renewed and debate. No more pocket filibusters. Drug overdose deaths and illegal border
effort for Jim Crow-type laws, aimed at As for the Senate rules changes that crossings are at record levels. The mur-
disenfranchising targeted voters. My we have all been talking about—and I der rate is its highest since the 1990s.
colleagues have talked about it, and I have been listening to my colleagues— Russian troops are massing on
am not going to repeat it here today let me just talk a little bit about Ukraine’s border, and the President of
because I know that time is running changing Senate practice—let alone a the United States just green-lighted
short. We know that these laws are constitutional issue, such as voting Vladimir Putin to invade. China is con-
aimed at making it more difficult for rights, should have priority over any of tinuing its aggression.
minority communities to be able to the procedural issues that we have here So what have the Democratic floor
cast their votes. My colleague from on the floor of the Senate and let alone leader and Senate Democrats spent the
New Jersey talked about students. restoring the Senate to a working body last 2 months doing? Trying to over-
Marginal groups are targeted because should have priority over the interpre- turn 200 years of Senate rules and cus-
those who are enacting these laws tations of some of our rules. Let me toms so that they can do things like
think it will help them politically. talk about the rule itself. ban voter ID nationwide and use your
Why now? The answer is pretty simple: If you look at the 20th century, basi-
tax dollars to support political cam-
the 2020 election. It was an election in cally, legislation was considered on the
paigns.
which more people voted than ever be- floor of the Senate through comity and
They tell us that Americans are liv-
fore, and it was judged to be the most debate and compromise, and we were
ing under Jim Crow 2.0, and they cite
secure election in American history. able to bring issues to the floor for a
the recent Georgia election law as
But because Donald Trump lost, for the vote. Rarely—very rarely—was a fili-
proof. Well, let’s investigate this so-
first time in the history of this Nation, buster used. Why? Because you had to
called voter suppression law.
we had the loser claim that the elec- come to the floor and talk. It was very
time-consuming. It took a lot of time Under the new law, the State of
tion was stolen in order to rationalize
off the Senate floor. It was inconven- Georgia will have 17 days of early vot-
his loss.
That Big Lie is what motivated legis- ient for the Member to have to stand ing. If this is Jim Crow 2.0, then I have
latures to pass laws to make it more up here and talk. So we were able to bad news because the Democratic lead-
difficult for vulnerable people to be come together. It wasn’t through a clo- er’s home State of New York and the
able to vote, to effect election results, ture vote that it ended; it ended be- President’s home State of Delaware
presenting a clear danger to our de- cause people didn’t want to go through were engaged in I guess what you
mocracy itself on voter integrity and the inconvenience of talking or we would call Jim Crow 3.0 as recently as
in the confidence of voters that our were able to resolve it. last year because New York only had 9
system is actually working. We are talking about restoring the days of early voting and Delaware had
Now is the time for the Senate to Senate to its best traditions. Many no days—zero days—of early voting.
show courage to debate, as we are have talked about, we are going to Next, I have heard complaints that
doing today, and to vote on two bills. change the filibuster rule. No, we are Georgia has reduced the number of bal-
The Freedom to Vote Act sets min- not suggesting changing the filibuster lot drop boxes in the State, even
imum Federal standards with State-ad- rule. The filibuster rule is coming to though they now require every county
ministered election laws. We have gone the floor to speak. It is the cloture to have a drop box, as was not the case
through all of the different provisions, that is the 60 votes. You don’t need clo- as recently as 2018, and that Georgia
so I am not going to go through them ture if you run the clock on the fili- has added new security measures to
again, but we need to have these na- buster. prevent fraud.
tional standards because of the actions What we need to do is prevent dila- Once again, I hate to break the news
of these 19 States and other reasons, tory actions, and that is why the lead- that the Democratic floor leader’s
such as the dark money that my col- er’s point is going to be important. We home State of New York had zero bal-
league from Rhode Island pointed out, are trying to restore the Senate to a lot drop boxes and that the President’s
voter intimidation issues, and restor- body that can work together by requir- home State of Delaware allowed for
ing democracy. There are so many ing that Members come to the floor just five last year.
issues that are in it that are important and speak and vote by how the Fram- Of course, one of the Democrats’ fa-
in order to restore voter confidence. ers of the Senate rules intended at the vorite claims is that all of those ter-
We need to pass the John R. Lewis end of the day. rible Republicans down in Georgia have
Voting Rights Advancement Act to re- To my friend from West Virginia, stopped campaign and political work-
store the Voting Rights Act, because of this gives us the chance to start to ers from giving food and drinks to peo-
the Supreme Court’s decision, and re- work together. I couldn’t agree with ple who are waiting in line at the polls.
store precertification. him more. We do need to come together Where could Georgia have gotten such
As has been put out by my col- in a bipartisan way and let our com- an idea? Well, as it turns out, the
leagues, this has been historically sup- mittees work. We need to look into the Democratic floor leader’s home State
ported by both Democrats and Repub- Senate rules. But we first need to move of New York also has a nearly identical
ctelli on DSK11ZRN23PROD with SENATE
licans. Again, we need one Republican on action, and this is a fundamental law banning such electioneering near
to vote to proceed to this, for those bill that we need to move forward. polling places.
who are saying they are willing to de- The leader is framing this in a very The Democrats also say that voter ID
bate this issue. Today, Senators will narrow way so he can get this bill mov- is a kind of new Jim Crow. That might
have the opportunity to vote and to be ing and use this as an example to work surprise the 69 percent of Black Ameri-
on the right side of history. together, Democrats and Republicans, cans who support voter ID.
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S320 CONGRESSIONAL RECORD — SENATE January 19, 2022
Now, what are they up to? This is an present and voting or a lower number. I can respond to a few of these points.
especially good question, given the let- And they compromised on 60 Senators, The Senator from Maine said it was the
ter that 28 Democrats, still in the Sen- sworn Members. That was the focus of nature of the issue at stake. Well, first
ate, signed on April 7, 2017, to the lead- that discussion. off, I will point out, I have the letter in
ership around here, urging them to op- I have talked to Parliamentarians front of me here. It is very short. It is
pose any effort—any effort—to stop the who were involved in that question. I only two paragraphs long, but there is
Senate’s tradition and custom of ex- asked the specific question: Did they nothing in there about the nature of
tended debate. really realize what they were doing by the issue at stake, about whether we
Some of those Senators are on the creating the mail-in, dial-in, no-effort are talking about immigration or gun
floor with us at this moment. I see the filibuster? And the answer was no. control or, in this case, election take-
junior Senator from Illinois, the junior They didn’t discuss it. They didn’t over laws.
Senator from Hawaii, and the junior think of it. The Senator from Maine referred to
Senator from Maine, the Presiding Of- So what I am talking about here the cheap and easy filibuster. I don’t
ficer, for that matter. Many more were today and what the proposal that will necessarily agree with that character-
down here earlier. be on the floor later today is to do ex- ization, but I would point out that that
I would invite, through the Chair, actly what this letter says, ‘‘extended is exactly the kind of cheap and easy
any of those Senators, if they would debate’’—‘‘extended debate.’’ And that filibuster that was in place in 2017,
like to engage in a colloquy, to explain is why I believe that what we are pro- when 28 Democrats signed this letter.
why they have changed their position posing today is in the deepest tradition I will also point out that I wouldn’t
since they signed that letter on April 7, of the U.S. Senate. What we are trying necessarily agree with the character-
2017. to scale back is the cheap, easy, dial-in ization that the current filibuster was
I guess I don’t have any takers. from your office, 60 votes, de facto, created by accident in 1975. We are
I will point out that out of the 28 supermajority requirement, which is going to have a debate, but the rules
Democrats who actually signed that not in the Constitution, which the and customs under debate today go
letter— Framers expressly did not agree to. back to the second decade, the second
Mr. KING. Will the Senator yield? They put in a lot of checks and bal- decade of the U.S. Senate. And, perhaps
Mr. COTTON. I will certainly yield. ances. Two Houses of Congress, two- more importantly, every time those
The PRESIDING OFFICER (Mr. thirds voting on treaties, two-thirds rules have been modified—up to and in-
OSSOFF). The Senator from Maine. voting on an amendment, confirmation cluding the most recent changes on the
Mr. KING. I am one who signed that of the President—the President, the legislative calendar—they have been
letter. Congress, the independence of the modified in accordance with the rules,
First, let’s talk about the letter courts, all those were checks and bal- not using the nuclear option, breaking
itself. What it says is, ‘‘We are united ances. One of them was not a super- the rules so we can change the rules.
in our determination to preserve the majority requirement in the U.S. Sen- I also note we have had a few other
ability of Members to engage in ex- ate. signatories to that letter arrive. We
tended debate when bills are on the Hamilton and Madison expressly said have the senior Senator from Colorado.
Senate floor.’’ I agree with that. The that that would turn democracy on its We have the senior Senator from New
proposal that is going to be put on the head. Democracy ultimately is about Hampshire. We have the senior Senator
floor today is one that will allow ex- majority rule, and there should be mi- from Montana. And we have the let-
tended debate. nority rights. The minority should ter’s chief Democratic author, the jun-
There are two points that have ior Senator from Delaware.
have every opportunity to speak, to
caused me to modify the position that I asked earlier, through the Chair, if
offer amendments, to discuss—to offer
I took on this letter. One is the nature any Senators would like to explain
germane amendments, I might add— their change in position. Since those
of the issue that is before the body. If and discuss and debate but ultimately Senators have joined us, if they would
we were here talking about immigra- not have a veto. like to explain their change, as well, I
tion or gun control or any of the other That is really what it comes down to
would invite them into colloquy.
many issues that we consider, I here: Do you have a rule that says that Mr. MERKLEY. Would the Senator
wouldn’t be taking the position that I the minority actually is in control of yield?
am. the legislative process? That is not Mr. COTTON. I would be happy to
I believe that the rules of the Senate what the Framers intended. It is anti- yield.
are important and that extended de- thetical to what the Framers intended. Mr. MERKLEY. Thank you. I am
bate is an important part of the Senate In fact, one of the reasons for the struck by your comment that in all
process. However, we are talking about Constitutional Convention was the dys- previous situations, the rules have
fundamental structural changes—not function of the Articles of Confed- been modified by a change in the rules
policy changes but structural eration, and one of the reasons cited that has been done through the rules
changes—that I believe, in spite of for that dysfunction was a super- process because—I would encourage
your comments, that in many States majority requirement. you to read up on your Senate his-
across the country are compromising So, yes, I voted—what I supported 3 tory—it is just not the case.
the ability of our people to express years ago, I still support. The language In fact, under Senator Byrd’s leader-
themselves in our democracy. is ‘‘full, robust, and extended debate,’’ ship, nine times this Chamber changed
I consider that qualitatively different and that is what is going to be pro- the interpretation of existing rules,
than a policy difference, and that is posed later on. and they didn’t do it through a formal
why I am here today to talk about re- If you guys will vote for it, this de- rules change process. They did it with
vising the rules—not blowing up the bate can go on, as it should, for weeks an interpretation of the Chair being
filibuster but to get back to what the and perhaps months because it is that sustained or by reversing the interpre-
filibuster actually means, and that is important. But I don’t have any apolo- tation of the Chair.
extended debate. gies to make. If I have to choose be- And you have been here when a nu-
I am all for extended debate until we tween a Senate rule, as it works now— clear option modified the rules. Your
are exhausted, until we have made a which, as I say, is a distant cousin of party led the effort to change the re-
deal, until we have come to a com- the real filibuster—and democracy quirement for closing debate on the Su-
promise. But the problem is, the fili- itself, I am going to take democracy preme Court. And you have been here—
buster, as we define it today, is a dis- every single time. or I think you were here; your col-
ctelli on DSK11ZRN23PROD with SENATE
tant cousin of the real filibuster. Mr. COTTON. Well, I thank the Sen- leagues were here—when they changed
The radical change in the filibuster ator from Maine for explaining the the rule, not by changing the rule for-
isn’t what is being discussed today. It change in position. I was not seeking mally but by reinterpreting it through
was made in 1975 almost by accident. In an apology, merely an explanation, a nuclear option, in regard to decreas-
1975, they were debating whether it since I haven’t heard that much over ing the number of hours for debate on
should be two-thirds of Senators the last year or so. district judges.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S321
It also goes back to the fact that today, to move to a talking filibuster There is not a legislative body in the
your team changed the rules, without instead of a secret filibuster. world that I am aware of, in any of the
going through the formal rule process, The way to look at the rule change other countries with which we com-
on how reconciliation is done in order that we are going to contemplate later pete, that has a filibuster.
to be able to do tax cuts for the rich. is, if you really love the filibuster—and So I would say that other piece of
And then Kent Conrad, on our side, ad- the word ‘‘filibuster’’ isn’t in this let- this, the idea that we are going to see-
vocated the change back, and your ter at all, but if you really love the fili- saw back and forth and back and forth
side, in preparation for the Trump tax buster, do you demand that it stay se- and back and forth—I think the reality
cuts in 2017, changed the rule again. cret or should it be carried out open, is that is not the reality of what hap-
So at least let us understand that publicly, in view of the voters and your pens in other places that don’t have
both sides—Democrats and Repub- Senate colleagues? That is what the the filibuster. And I believe we have
licans—have resorted to reinterpreting vote will be. the opportunity, if we are actually hav-
the rules on various occasions. Just a We have listened to those of you who ing a public debate—not sitting in our
point of clarification that your state- have said don’t abolish the filibuster, office or off fundraising but, instead,
ment was wrong. don’t nuke the filibuster, don’t blow up having a public debate on the floor of
Mr. COTTON. I appreciate the com- the filibuster, don’t weaken the fili- this Senate—that the American people
ments of the Senator from Oregon. And buster, and the only change we propose can actually begin to hold people here
I want to commend him for principled is that the filibuster be a public fili- accountable again for their position on
consistency on this question. He did buster, not a secret one. healthcare or guns or whatever it is.
not sign that letter. So you stood on the floor and asked We don’t ever get the chance to do
In fact, one of the earliest conversa- if we would join you in that operative that here because we never even have a
tions I had with any Democratic Sen- phrase, ‘‘engage in extended debate debate in the world’s most deliberative
ator in 2015 was with the Senator from when bills are on the Senate floor.’’ body.
Oregon about some of these very ques- The combination of the block on the So if we have a disagreement tonight
tions. He has had these reservations motion to proceed, together with the about the form of all this, my hope is
about the cloture rule, about the rights paper pocket filibuster, where people that, in the wake of this, if we are not
and customs of extended debate. He has do not have to show up to speak, much successful, we actually do the Amer-
not changed his on this position so I less to vote, we can restore the fili- ican people a favor by creating a set of
commend him. buster, frankly, to what it was during rules that actually will make this
I will point out, he mentioned the nu- the vast majority of the Senate’s his- place work.
clear option on the Supreme Court. Of tory and require that people actually I have been here now for 12 years. It
course, that simply followed what the do it and be accountable to their col- is hard to believe. I can tell you, the
leagues and to the public. And that is Senate doesn’t work. It can’t get its
former Senate Democratic leader
what we propose to do. basic business done, much less make
Harry Reid did in 2013 on the Executive
Mr. COTTON. Mr. President.
Calendar. Mr. BENNET. Mr. President. hard decisions. I think we can do better
I will also point out that that hap- Mr. COTTON. Mr. President, I invite than that, and I hope we will.
pened in February or March of 2017, if the Senator from Colorado to engage in Mr. COTTON. Mr. President, the Sen-
I recall. This letter was written in colloquy. ator from Oklahoma was directly ad-
April of 2017. The PRESIDENT pro tempore. The dressed, and I believe he would like to
But if there is no more extended de- Senator from Colorado. engage in a brief colloquy.
bate on this question—oh, I would in- Mr. BENNET. Thank you, I appre- The PRESIDENT pro tempore. The
vite the Senator from Virginia, ciate that from the Senator from Ar- Senator from Oklahoma.
through the Chair. kansas. Mr. LANKFORD. Mr. President, I
Mr. KAINE. Mr. President, if I might Just along the lines of what my col- thank my friend, through the Chair,
respond. leagues have said, I would also say that the Senator from Virginia, for the en-
The PRESIDENT pro tempore. The I want to be very clear that I don’t gagement. We will continue to be able
Senator from Virginia. want this place to turn into the House to engage and be able to talk through
Mr. KAINE. Senator COTTON, what of Representatives. I think that would this.
ANGUS said. be a huge mistake. But it is not behav- Part of our challenge on dealing with
And I am so glad that Senator ing the way that the Founders designed this dialogue today is none of our side
LANKFORD has stayed in the room be- it to behave. has actually seen the proposal tonight.
cause you have been saying we changed And the history, admittedly, is It is a secret proposal that is coming
our position. You just really need to opaque, but it is very clear to me that out that all the conversation is that
read the letter. And I do appreciate the modern abuse of the filibuster rep- this restores the talking filibuster.
that you put it up because others were resents very little in the way of tradi- We are like: Really? What does it
referring to the letter without doing tional Senate practice or what the say?
that. The operative phrase is exactly Framers were considering. Then, in the next, I guess, couple of
what you read: ‘‘We are united in our So I can imagine finding ourselves in hours, there is going to be a proposal
determination to preserve the ability a place where we actually have ex- pop and say, ‘‘Here it is; we are chang-
of Members to engage in extended de- tended debate, where we actually have ing the rules of the Senate with a 51
bate when bills are on the Senate a public filibuster like we used to vote,’’ when we haven’t even had the
floor.’’ have—everybody remembers the movie opportunity to even see it.
We couldn’t even debate this bill. version of that; they actually did that So we talk about trying to be able to
You guys wouldn’t let us. You kept on the floor of the Senate—versus the bring dialogue and debate on all of
using the 60-vote block on the motion secret filibuster that acts as a per- these things. That is not dialogue and
to proceed so that we couldn’t get on petual veto by the minority on the ma- debate on the rules. That is trying to
the bill. jority, something that the Framers ram through a change with a straight
In the 5 years since 2017, many of us clearly were trying to avoid and, at the 51 that none of us have even seen.
have come to realize, this is what we same time, gives the minority the And as we go through this, you had
want, but the current abuse of Senate chance to hold the floor, persuade the mentioned before the letter that is out
rules is blocking us from having discus- American people of their point of view, there. You are correct. I read through
sions about voting rights or about mat- amend legislation in ways that is un- the letter. I have definitely read
ctelli on DSK11ZRN23PROD with SENATE
ters that you think are important. imaginable in the House and then, in through the whole letter, but I could
This is still what we want. We want the end, gives the majority the chance have also brought a bunch of quotes
the ability to have extended debate to actually make a decision so we can from folks that I see all around the
when bills are on the Senate floor. effectively compete with countries all room that make statements like, ‘‘I
That is what the motion will eventu- over the world that aren’t held up by will never change the legislative fili-
ally be about when we vote on it later the kind of veto we are talking about. buster,’’ or, ‘‘I am 100 percent opposed
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S322 CONGRESSIONAL RECORD — SENATE January 19, 2022
to changing the legislative filibuster,’’ here tonight, the overturning of 200 when they vote, that vote will be im-
or, ‘‘We should not change the fili- years of Senate rules and customs— partially counted and upheld and that
buster using the nuclear option.’’ nope, wrong again. According to a re- people who are defeated will accept de-
So there were lots of other quotes cent CBS poll, barely a third of Ameri- feat so that they can have an account-
from lots of other interviews because, cans support this. able elected representation in Wash-
obviously, around 2017, when the letter And while we are waiting here for the ington, then there is no democracy.
came out, there was lots of media that Democrats’ doomed charge to overturn When I signed that letter, I never
asked point-blank: What do you mean 200 years of Senate rules and customs imagined that today’s Republican
by that? and federalize our elections, Americans Party would fail to stand up for democ-
And so there is a lot of clarification are dealing with very real, concrete, racy.
with it. So you are right. I read the let- kitchen-table issues. Our people are I was raised by a veteran of the Bat-
ter, and it has the vague language. But getting poorer. Inflation rose by 7 per- tle of the Bulge. He would talk to us at
I could have read lots of quotes that we cent over the last year, the highest the breakfast table, and the question
have that were very, very specific on rate in 40 years. Wages are failing to was, ‘‘What are you going to do for
it. keep up. Inflation might not be so bad freedom today?’’ It was a big question
At the end of the day, if we are going for some of the millionaires around to ask elementary schoolkids, to be
to solve the issues in the Senate, we here, with their stock portfolios and sure, but he had a right to ask it, as
are going to have to actually work to- their real estate, but for most Ameri- does every veteran who has fought for
gether to be able to solve the issues. cans it is crippling, and it is most crip- this country, including my colleague
What makes this the greatest delibera- pling for those who can least afford it. Senator COTTON.
tive body is not that 51 can do what I shouldn’t have to point out that But the Republican Party and the
they want. What will make it the people are dying in our communities Democratic Party must unite to stand
greatest deliberative body is when we all across the country. Murder was up for freedom and to stand for an ac-
have to actually talk to each other. by its highest record level in the keep- countable democracy because, without
When I was elected in 2014, most of that, the rules of this body do not mat-
ing of modern records last year, and it
the phone calls that came to me per- ter.
is up again this year, at a time when
sonally between November and Janu- I yield the floor.
we also have 100,000 Americans dying of The PRESIDENT pro tempore. The
ary were some of you who called me
overdoses, the highest number ever re- Senator from Illinois.
and said: My name is . . . . We are
ported—another grim record. Ms. DUCKWORTH. Mr. President, I
going to disagree on a lot of things, but
Meanwhile, America is being over- can’t think of a more important thing
let’s start working now on what we will
whelmed at our southern border. Bor- to be debating here in these Chambers
agree on.
If we start doing away with these der Patrol is stopping more than 175,000 than the right to vote. We can’t even
rules and just move it to a 51 basis, illegal immigrants at our southern bor- get to that. We can’t even get to that
those conversations end and it is not a der each month. We can only guess how because of the use of the filibuster to
deliberative body. Suddenly, it is a ‘‘we many more are getting through. prevent us from having a vote, a dis-
can get what we want with 51’’ body. These are all the real problems that cussion, on the Voting Rights Act.
That is the House. That is why we the American people have told us re- In America, the path toward justice
bring it up. peatedly they want us to address, but has always, always been intertwined
I yield the floor. we haven’t heard much about those with the right to vote. Progress and en-
Mr. COTTON. Mr. President, before I problems. We are not here in session franchisement have always been braid-
move on from this letter, I just have to this week to debate those problems. ed together.
note that, as I have said several times, The Democrats apparently don’t want Billy clubs, whips, barbed wire,
28 Democrats in the Senate today to acknowledge these crises because wrapped tubing—that is what awaited
signed that letter. Twenty-seven of they created these crises and they have John Lewis at the end of that Edmund
them changed their position. There is no solution for these crises. Pettus Bridge in Selma because it has
one signatory who didn’t change their I yield the floor. never been easy—it has never been
position: the Senator from West Vir- The PRESIDENT pro tempore. The easy—to fight for enfranchisement or
ginia. Not only did he not change his Senator from New Hampshire. to fight for the right to vote. There has
position in that letter he signed, he has Ms. HASSAN. Just briefly, Mr. Presi- always been a price to pay by those
been consistent from the very begin- dent, I know I was not scheduled to who focus on justice.
ning. speak, but I do want to respond as one Shouted slurs, explosions of tear gas,
He was also here in 2013 when we of the signatories of the letter. pained screams, and the crack of clubs
started down this path on the Execu- I associate myself with everything against bone—those were the sounds
tive Calendar. And there are dif- that the other signatories have talked that filled the air as Lewis and hun-
ferences, to be sure, between the Exec- about in terms of wanting to restore dreds of his fellow Americans tried to
utive Calendar and the legislative cal- the Senate’s tradition of extended de- march forward as they tried to bring
endar. The Senator from West Virginia bate on issues of grave importance to their country forward one step at a
is the sole signatory still in the Senate the American people. But let me be time.
who has been consistent throughout, clear about the reason that I now sup- Most of us in this room know of
and I want to commend him for that. port an adjustment to the longstanding those mothers and fathers of the civil
And I want to note for the record the rules of the Senate. It is because I rights movement, what they did for us
Senator from Arizona—apparently, the never imagined, when I signed that let- that day. They raised their voice on
only other Democratic Senator who ter, that not a single Member of the that bridge so that fellow Americans
will oppose this maneuver—did not Republican Party would stand up for could raise their voices at the ballot
sign the letter in 2017 because she was our democracy since January 6, when box. Tragically, we also know that
not in the Senate in 2017. we saw an acceleration of State laws many in this Chamber today appear
So, in conclusion, why are we doing that would allow partisans to overturn unwilling to do their part to protect
all this? Why are we going down this the impartial count of an election. the rights those heroes fought for.
road? Is it because this legislation is so We need to address the issues that so More than a half century ago, in this
popular, this issue is so important? many of us have talked about here. The very building, Senators from both sides
You would think it was the top issue people of New Hampshire, the people of the aisle came together to pass the
on the minds of a majority of Ameri- all across the country, they need us to Voting Rights Act, a bill designed to
ctelli on DSK11ZRN23PROD with SENATE
cans. But no, according to Gallup, only address pressing issues like lowering protect Black Americans—to protect
1 percent of Americans list elections the cost of prescription drugs or mak- all Americans—from the kind of racial
and Federal election takeovers as their ing it easy for families to afford discrimination that was so common in
top priority. childcare. State-run elections at that time.
Maybe the majority of Americans But if we do not have a functioning Of course, it is not possible to list
support the procedural maneuvering democracy where people know that, out all the changes that have taken
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S323
place since that moment. More and generation could chip away at the fun- refuse to remain silent. That is why I
more civil rights advocates stood up damental idea that founded this Na- am voting for these bills. That is why
and sat in. More and more Americans tion: that everyone is equal. I am trying to claw back some of the
marched through and then laid down in And my buddies and I and Senator protections that Republicans have
the streets. And the moral arc of the COTTON didn’t sign up to defend our de- spent the last year trying to erode on
universe that Dr. Martin Luther King mocracy in war zones thousands of the back of the Big Lie, including ex-
spoke of bent a little more toward jus- miles away only to watch it crumble at panded voter purges, increased barriers
tice with every hard-earned right they the hands of powerful people more fo- for voters with disabilities, and harsher
secured and every fight that they won. cused on their own self-interests than voter ID requirements.
But, sadly, damningly, one other in the foundational component of this That is why I am asking my col-
change stands out to me as I speak extraordinary experiment that we call leagues who claim to represent the
here today. More than 50 years after America; that everyone, regardless of party of Lincoln, as a junior Senator
the Voting Rights Act became law, we social status, wealth, skin color, sex, from the ‘‘Land of Lincoln,’’ I ask you
can no longer say that a bipartisan ma- has a right to vote. to act in a way that will further the
jority of the Senate is willing to pro- Page after page in our Nation’s his- cause of justice. That is why I am
tect the most basic tenet of our democ- tory is marred by bigotry, tainted by working to restore the Voting Rights
racy. Heck, we don’t even have all of intolerance, by injustice, but through Act, to expand early voting and vote-
the Senators in the room to discuss every chapter—however dark the by-mail, to limit special interest
this. Every American’s right to make night—some brave Americans have money in politics, and to actually try
their voice heard is so critically impor- willed that there would be light. to protect underserved communities
tant to our democracy. We can’t say That march forward has always been and our servicemembers’ rights to
this because Senate Republicans have to expand access to the polls, not to de- vote—because not only can our country
spent the past year blocking every crease it—expanded access for those do better, we have done better. Back
Democratic attempt to even begin de- who didn’t own land, for Black Ameri- when we passed the Voting Rights Act
bate on strengthening voter legisla- cans after the Civil War, for women, for all those decades ago, not only can our
tion. all Americans.
Chamber do more, we have done more,
In World War II, Black Americans
Even as Republicans in States around including the 16 Republicans who are
fought overseas for the same country
the country pass more and more re- still in the Senate today who have pre-
that forced their families to sit at seg-
strictive voter suppression laws aimed viously voted to reauthorize the Voting
regated lunch counters back home.
at silencing the voice of the people, we Rights Act.
Then they came home and were forced
still struggle and beg to have this de- And we owe more to those heroes who
to guess how many jelly beans were in
bate, and they will not vote to allow us fought these fights before us, those
a jar before they, themselves, could
to do so. trailblazers who marched those bridges
vote in a country that they had fought
Republicans in Georgia made it ille- while those in power broke their bones,
for.
gal to peremptorily mail out absentee Asian Americans fought to end slav- whose skulls were cracked, whose blood
mail out absentee ballots to registered ery in the Civil War, sacrificed to pre- was shed, yet whose will never bent,
voters, a law that hurts all groups that serve this Union, and then had their whose determination never wavered,
rely on voting by mail, from commu- earned citizenship stripped away. Dec- those heroes who never let what was
nities of color to Americans living with ades later, their grandsons fought in hard deter them from doing what was
disabilities. Europe even as their loved ones were right. We owe it to each of them—and
It also hurts military voters cur- interred in camps on American soil. to those whose rights are at risk
rently serving in harm’s way overseas. And we march forward, and we march today—to pass this bill.
I myself voted by mail when I was serv- on, and we expand the right to the bal- I yield the floor.
ing our country in Iraq. After all, I was lot box. The PRESIDENT pro tempore. The
a little busy flying combat missions, so In the sixties, White Americans Senator from Montana.
I don’t know if I would have had the hopped on buses and risked their lives ABORTION
chance to request an absentee ballot 15 Freedom Riding through the South so Mr. DAINES. Mr. President, I rise
days before the election if my unit had those with darker skin could walk into today ahead of the 49th anniversary of
not assisted in that effort. Not every the ballot box without fear of billy the Supreme Court’s tragic decision in
unit may do that. And so not having clubs. Roe v. Wade. You might ask: What does
their ballots mailed to them would And Americans of all backgrounds that have to do with voting rights? It
make it immeasurably harder for our have packed their rucks, laced up their has a lot to do with voting rights be-
troops to vote wherever they may be boots, and gone to war in places like cause, after all, you can’t have the
serving. Iraq, lost their lives in places like Af- right to vote without first having the
I can’t understand why Republicans ghanistan, to defend the most Amer- right to life.
would want to make it harder for brave ican belief: that we all have a voice and Every year, for nearly five decades,
Americans, defending our democracy we all have the right to use it, includ- thousands of pro-life Americans have
abroad, to participate in it, but that is ing at the polls, because voting to elect faithfully gathered here in DC and
what they are doing. one’s own government is the core of across this country to mark this dark
And I can’t understand how my Re- that right. day by marching for life and being a
publican colleagues can sit here today I am not asking anyone to do any- voice for the voiceless.
and ask paid staffers and pages to bring thing nearly as difficult as putting on This year’s official March for Life
them water, at exactly the tempera- a uniform and going to war or crossing comes at a turning point in our Na-
ture they like, with or without ice, a bridge and being met with billy clubs. tion’s history. On December 1 of last
sparkling or not sparkling, as they I am not asking anybody to do any- year, the Supreme Court heard oral ar-
make their voices heard on the Senate thing that difficult today. I am not guments on the landmark 15-week
floor and then say nothing—nothing— asking my Republican colleagues to abortion case out of Mississippi, Dobbs
to stop a law that makes it illegal to risk their lives on a bus or a bridge, in v. Jackson Women’s Health Organiza-
give water to Americans waiting hours the heat of the American South or tion.
in line at polling stations as they seek under the scorching Sun of a desert in This is the first case in our genera-
to simply have their voices heard at the Middle East. All I am asking for is tion that presents the Supreme Court
the ballot box. the bare minimum. All I am begging of the United States the best oppor-
ctelli on DSK11ZRN23PROD with SENATE
Listen, my five-times great-grand- them to do is merely to not sit in si- tunity to right its historic injustice
fathers, who were likely indentured lence in the face of grave injustice, to and finally overturn Roe v. Wade.
servants without the right to vote, not let being partisan keep them from The Roe decision has resulted in the
didn’t fight in the Revolutionary War being a patriot. deaths of more than 63 million inno-
and earn that right to vote just so peo- For the sake of all who have sac- cent babies—63 million. In fact, as I
ple claiming to be the leaders of our rificed for this Nation, I, at least, stand here and speak today, 2,363
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S324 CONGRESSIONAL RECORD — SENATE January 19, 2022
preborn children are being killed in Court to recognize the obvious truth I pray this year’s March for Life
this country—2,363 are killed every sin- that racial segregation was wrong and marks the final anniversary of Roe v.
gle day. overturn its grievous error in Plessy. Wade and heralds the dawn of a new
These precious lives were created by Justice John Marshall Harlan showed day, where every life is protected.
God and intended for this world but tremendous courage as the lone dis- I want to thank the thousands of
were violently deprived of their lives senter from the Court decision in Americans across the country who will
because they were deemed unwanted, Plessy. be joining this year’s March for Life. I
unfit, or simply inconvenient. And be- Now, it has taken 49 years for the would also like to thank the hundreds
cause they are so small, without voices Court to consider the obvious truth of Montanans who joined me just last
of their own, far too many, for far too that all life must be protected. It has week in Helena for last week’s March
long, have ignored their desperate taken 49 years since Roe v. Wade for for Life. I stand with you, and we will
cries. Because of Roe, States have vir- the Court to reconsider this wrongly continue to fight to protect all life.
tually been powerless to stop this tidal decided case. H.R. 5746
wave of bloodshed. In the spirit of Justice Harlan, who Mr. President, last year we saw
What is more, Roe’s extreme abor- dissented in Plessy, I would like to Democrats like Stacey Abrams and
tion regime has made the United share a quote from another great dis- President Biden mislead the American
States a global outlier on abortion. We senter proved right in the course of his- people about Georgia’s new voting law.
are just one of seven nations, including tory, and that is Justice Byron White. In fact, the Washington Post fact
China and North Korea, that allow Justice White, with his 1973 dissent, checker wrote:
abortions on demand—just one of seven joined by Justice Rehnquist, in Doe v. Biden falsely claims the new Georgia law
nations—past the point babies feel Bolton, the companion case to Roe v. ends voting hours early.
pain, all the way up until the moment Wade wrote as follows: That was given four Pinocchios by
of birth. It is barbaric. With all due respect, I dissent. I find noth- the Washington Post.
Because of science and technology ing in the language or history of the Con- However, today, in this Chamber, we
today, it is impossible to ignore the hu- stitution to support the Court’s judgment. have seen several Senate Democrats
manity of that little baby growing in The Court simply fashions and announces a challenge Montana’s commonsense
the womb. Thanks to incredible 4D new constitutional right for pregnant moth- election integrity laws championed by
ultrasound technology, we can watch ers and, with scarcely any reason or author-
the Montana Legislature; the secretary
ity for its action, invests that right in suffi-
babies grow. We can hear their hearts cient substance to override most existing of state of Montana, Christi Jacobsen;
beat. We can watch them yawn, even state abortion statutes. and the Montana Governor, Greg
suck their thumbs. The upshot is that the people and the legis- Gianforte.
We have come a long way since 1973. latures of the 50 States are constitutionally I want to set the record straight.
It is time our laws catch up with the disentitled to weigh the relative importance Montana put in place some common-
science. Overturning Roe will not—I re- of the continued existence and development sense reforms that enjoy the strong
peat, will not—ban abortion nation- of the fetus, on the one hand, against a spec- support of Montanans, like strength-
wide. And I am sad to say that some of trum of possible impacts on the mother, on ening voter ID laws and preventing
the other hand.
my colleagues are not being truthful paid ballot harvesting.
As an exercise of raw judicial power, the
on what it might mean if Roe v. Wade Court perhaps has authority to do what it There have been some things said
is overturned. It will not ban abortions does today; but, in my view, its judgment is here on the floor that are, frankly, not
nationwide. It will return the power to an improvident and extravagant exercise of true. Ballot harvesting is still OK in
pass pro-life laws to State and Federal the power of judicial review that the Con- Montana; you just can’t pay people to
lawmakers. stitution extends to this Court. do it.
In fact, according to a recent Marist The Court apparently values the conven- In fact, there were statements made
poll, 80 percent of Americans are op- ience of the pregnant mother more than the that somehow student IDs are not al-
continued existence and development of the lowed anymore to vote, that somehow
posed to abortions after the first 3
life or potential life that she carries. Wheth-
months of pregnancy. That is an over- er or not I might agree with that marshaling
that is going to be the end of democ-
whelming majority of the American of values, I can in no event join the Court’s racy. Well, listen, under current law—
people. But because of Roe, their voices judgment because I find no constitutional first of all, most students have a valid
are being silenced. It is time for the warrant for imposing such an order of prior- driver’s license in Montana, but if you
Supreme Court to allow State and Fed- ities on the people and legislatures of the didn’t, the requirement is this—and I
eral lawmakers to rightfully represent States. In a sensitive area such as this, in- take this chapter and verse off of the
their constituents and protect the volving as it does issues over which reason- secretary of state’s site—you can still
able men may easily and heatedly differ, I use a student ID to vote in Montana;
most vulnerable among us.
cannot accept the Court’s exercise of its
It is time that we as the United clear power of choice by interposing a con-
you just have to have a secondary iden-
States of America—a nation who is stitutional barrier to state efforts to protect tification. That can be a ski pass, a
supposed to be the leaders in the world human life and by investing mothers and gym membership, so long as both iden-
of human rights—recognize what hap- doctors with the constitutionally protected tification types are presented.
pens to be the theme of this year’s right to exterminate it. This issue, for the First of all, most students have valid
March for Life, which is that equality most part, should be left with the people and driver’s licenses. If you don’t, you can
begins in the womb. to the political processes the people have de- still use a student ID. You just have to
The Dobbs case before the Supreme vised to govern their affairs. have a secondary identification type
Court gives the Court a chance to fi- Justice White was correct. I share presented, like a ski pass, gym mem-
nally restore justice and equality of that belief. The Court’s decision in Roe bership, or even a transcript. That does
the most vulnerable among us, in the was a travesty of constitutional law not seem unreasonable, and the vast
spirit of this Nation’s long history of and human rights, one that should fol- majority of Montanans believe that
progress in civil rights. low Plessy v. Ferguson to the ash heap just makes sense.
In listening to oral arguments in the of history. Furthermore, we have seen ques-
Dobbs case, I was struck by something In the Dobbs case, I pray that we see tions—in fact, Senator SCHUMER made
Justice Kavanaugh said. the Supreme Court do precisely this: some accusation about Montana short-
If you think about some of the most impor- correct this historic injustice and up- ening the hours for elections. I found
tant cases, the most consequential cases in hold Mississippi’s 15-week abortion that a bit hilarious, frankly, because
this court’s history, there’s a string of them law. here is what we did in Montana. All
ctelli on DSK11ZRN23PROD with SENATE
where the cases overruled precedent. For the pro-life movement, over- voter registration activities are al-
Justice Kavanaugh cited most nota- turning Roe is not the end; it is just lowed now up until the night before the
bly Brown v. Board of Education in the beginning. States across the coun- election. Up until the day of the elec-
1954, which outlawed a separate but try stand ready to protect life and pro- tion, you are allowed to register to
equal, overturning Plessy v. Ferguson vide support for pregnant moms facing vote, unlike New York, which ends
decided in 1896. It took 58 years for the crisis pregnancies. voter registration 25 days before the
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S325
election. I don’t think that is going to served in this Chamber for 27 years Because of that law in North Dakota,
be the end of democracy when Montana until his passing in 1962, said: many Native Americans, like Richard
has far easier, far better laws here to Either we are all free, or we fail; democ- Brakebill, who is a Navy veteran, have
make it easier to vote in Montana than racy belongs to all of us. been denied the right to vote because
they do in New York. Our democracy faces clear and of an expired driver’s license and a
In fact, regarding New York, the vot- present dangers posed by Republican- Tribal ID that—get this—did not have
ers last November rejected same-day led State legislatures across the coun- a current residential address. It had
voter registration and rejected uni- try. Some lawmakers want to curtail the post office box that was his ad-
versal absentee voting. States across the right to vote—not for all Ameri- dress.
this country have been working hard to cans but for the most vulnerable and In 2020, the candidacy of Joseph
ensure that we are making it easier to historically disenfranchised. And if we Dedman for county sheriff—a member
vote but making it more difficult to think it is bad now with what has hap- of the Navajo Nation—was challenged
cheat. pened in these State legislatures over in Arizona because he included post of-
I am grateful for what has been hap- these last few months, it is about to fice boxes, which are often the only
pening in the State of Montana. It is a get a lot worse. form of address for rural Native Amer-
no-brainer to most Montanans that History will not look kindly on inac- ican households—it is the only one
you need a valid ID, a driver’s license, tion at this critical moment, and we they can obtain—on his petition for of-
to get a hunting or fishing license, to must show the American people that fice.
rent a car, to get onto an airplane, not we will not flinch when faced with a In 2020, Arizona’s Pima County closed
to mention the fact that in many lib- choice to protect our democracy and the early voting center on Pascua
eral-run cities now across our country, let it crumble before our eyes. Yaqui lands and spent nearly $200,000 in
the Democrats are now enforcing ID There is a pattern of rampant dis- legal fees rather than reinstate the
checks to get into a coffee shop or sit crimination that is disenfranchising voting center.
down for dinner. countless Black and Brown voters South Dakota provided a fully funded
So it is no wonder we are left a little across this country. polling place and early voting and reg-
confused here by how President Biden, In 2005, Jesus Gonzalez became a nat- istration opportunities to the 12 non-
CHUCK SCHUMER, and Senate Democrats uralized citizen. On the same day he Native American residents in Gann
want to override the will of Montanans swore an oath to the United States, he Valley, but—get this—they refused to
and undermine our State voter ID laws sought to register to vote in Arizona.
provide the same services to the 1,200-
when it comes to maintaining some- He was rejected, so he tried again after
plus residents in Fort Thompson on
thing as foundational as our democracy he obtained a license, but again he was
Crow Creek Tribal lands.
and maintaining integrity in our elec- rejected. It was then that Mr. Gon-
In 2021, Kimberly Dillon, a citizen of
tions. zalez, a school janitor, sued the State.
Rosebud Sioux Tribe, joined the Oglala
If there is one thing Montanans are His case made its way to the Supreme
and Rosebud Sioux Tribes in suing
about, it is common sense. The Court, which in 2013 ruled in his favor
South Dakota for requiring voters to
fearmongering, the falsehoods, and the and struck down Arizona’s law. Mr.
register at State agencies and DMVs,
misleading statements from the Demo- Gonzalez was 1 of 31,000 voters in Ari-
which were hours away from Tribal
crats don’t make a whole lot of sense, zona affected by such a discriminatory
lands. They were making it harder for
and Montanans know it. law.
Just this past September, the Mexi- people to register to vote by saying:
I yield the floor. Drive 3 or 4 hours away. Those are
The PRESIDING OFFICER (Mr. can-American Legal Defense Fund
joined other civil rights organizations tough roads to drive on.
OSSOFF). The Senator from Montana. Many Native Americans like Kim-
Mr. TESTER. I wasn’t going to in suing Texas over its discriminatory
voting legislation known as S.B. 1. We berly went to great lengths to submit
speak, but I have to speak because I their voter registration applications to
wanted to clear up the record on one have heard a lot about it today. Among
other things, S.B. 1 seeks to curb the those State agencies, but the agencies
thing. never sent them to the local election
The people in the State of Montana assistance available to limited English-
proficient voters. offices even after they traversed and
voted for same-day registration. The got the job done in making that jour-
In 2006, MALDEF successfully sued
people of the State of Montana went to ney. They just want to submit them to
Texas after the State legislature
the ballot box and voted for same-day let them get registered to vote. As a re-
sought to dilute the Latino vote. In
registration. The State legislature re- sult, her right to vote in the 2020 Presi-
that case, LULAC v. Perry, the Su-
pealed that. We should ask what the dential election was taken away.
preme Court found that Texas violated
people of Montana really want. They Kimberly asked:
the Voting Rights Act by denying
want same-day registration. How many other people faced this viola-
Latinos the ability to elect a candidate
The PRESIDING OFFICER. The Sen- tion of our basic freedom to vote? We cannot
of their choosing.
ator from New Mexico. In 2017, MALDEF again sued Texas allow voter suppression to continue in South
Mr. LUJÁN. Mr. President, I want to after the city of Pasadena sought to Dakota or anywhere in Native America.
start by thanking all the Senators who weaken the Latino vote by changing These are American citizens whose
have come to the floor to make the the way the city elected city council rights were taken away from them for
case for democracy and for voting members. partisan advantage. Jesus and
rights. The right to vote is the heart- These are just some of the chapters Kimberly’s voices were taken away
beat of our democracy. It is a symbol of a long history of voter suppression. from them just like countless other
of the progress that we have made in We also know that voter suppression Americans who face the same discrimi-
this Chamber and the promise that we of Native Americans is real, and it is nation.
have made to the next generation of intentional. Nineteen States have passed 34 laws
Americans. Until 2020, North Dakota voter ID making it easier to sabotage election
This legislation will protect the right laws required a residential street ad- laws and target voters of color, and not
to vote for all, safeguard against elec- dress. Now, that may sound like com- all of them had a supermajority of two-
tion sabotage, end partisan gerry- mon sense to some folks, but for those thirds vote.
mandering, and limit the influence of of us who live in rural communities In 2016, Representative David Lewis,
dark money in politics so that billion- and for my brothers and sisters who a Republican State lawmaker in North
aires and corporations cannot buy elec- live in Native American communities, Carolina and member of the general as-
ctelli on DSK11ZRN23PROD with SENATE
tions. Protecting our democracy should we all grew up with rural route boxes. sembly’s redistricting committee, said:
not be partisan; it should be a moral My address growing up was Route 1, I propose that we draw the maps to give a
and civic imperative for every one of Box 102, not because I didn’t want a partisan advantage to 10 Republicans and
us. street address named after my grand- three Democrats [representatives] . . . be-
As a former U.S. Senator from New parents like it is today; that was the cause I do not believe it’s possible to draw a
Mexico, the late Dennis Chavez, who address. map with 11 Republicans and two Democrats.
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S326 CONGRESSIONAL RECORD — SENATE January 19, 2022
This is not new. This has been going You should not be allowed to vote it I yield the floor.
on decade after decade. The only thing in from behind closed doors. This The PRESIDING OFFICER. The Sen-
that is different now is that in 2013, Chamber has changed, just as the times ator from Nevada.
when the Supreme Court gutted the en- have changed. So it is the responsi- Ms. ROSEN. Our democracy is ex-
forcement provisions of the Voting bility of every one of us to make sure traordinary because it is built on the
Rights Act, Republican-led legislatures that the Senate works better, not for bedrock idea that, through free and
don’t have to hide behind it any longer. us but for the American people. fair elections, the citizens who make
Now they just say they are going to Now, in closing, in 1805, Vice Presi- up this great country, well, they have a
draw for partisan advantage. They are dent Aaron Burr suggested that the voice, that each person’s vote truly
going to change the rules to keep cer- Senate remove from its rules the ‘‘pre- matters, and in America the people
tain communities from voting, making vious question motion,’’ which allowed have the power.
it harder for people to get to that bal- the Chamber’s simple majority to end But at this moment, our democracy
lot box. debate on a bill. He viewed the rule as is threatened. Republican State legis-
This is nothing new, and shame on completely unnecessary and urged the latures and Governors all over the
all of us for not acting when the Su- Senate to clean up its rule book be- country are writing laws designed to
preme Court told us this in 2013. That cause after everyone had spoken and restrict the right to vote, to make it
is on all of us. But we are here today. debated, they would vote. harder for tens of millions of eligible
We are also seeing an uptick in vio- A year later, the Senate removed the citizens to cast their ballots, and si-
lence as a result of the lies across the previous question motion, leaving a lence the American people’s voice in
country—the Big Lie. The Department loophole that allowed the minority to the process.
of Homeland Security has seen an in- take advantage and use what we now Make no mistake, this is an unprece-
crease in calls for violence as a result know as the filibuster. Unfortunately, dented, coordinated attack to make
of these baseless claims of fraud in the Burr could not foresee the obstruc- voting harder for eligible citizens and
2020 election. We are losing honest tionism of decades to come. make it easier for bad actors to sabo-
election officials and poll workers be- In the following decades, pro-slavery tage our future elections.
cause of threats against their lives due Senators co-opted the filibuster to pro- In my State of Nevada, we have
to conspiracy theories and lies pushed tect the interests of White southern en- bucked that trend when it comes to
by the former President. slavers. Men such as John Calhoun voting rights. We have strengthened
The Freedom to Vote: John R. Lewis abused the filibuster to obstruct civil the right to vote, providing easier ac-
Act will protect the vote of working right efforts. cess to the ballot box for eligible vot-
families across the country. Only one And according to historians, between ers while ensuring fair elections.
archaic parliamentary measure pro- 1917 and 1994, 30 measures favored by These measures that Governor Steve
hibits all this progress. the sitting President and simple ma- Sisolak signed into law include estab-
The filibuster does not increase de- jorities in the House and Senate—half lishing a permanent vote-by-mail sys-
liberation in this Chamber. It does not of which addressed civil rights—they tem, expanding the early voting period,
incentivize compromise. So while some all died, thanks to the filibuster. and making it more convenient to reg-
claim that amending the filibuster will The same procedural tool proved to ister and to vote. But while Nevada has
further the country’s division, I dis- be even more useful to southern Sen- moved forward to protect and strength-
agree. Right now, it is only aiding and ators who sought to block civil rights en voting rights, we are not immune
abetting obstructionists and opponents legislation, including antilynching from the attempts to sabotage it.
of progress when it comes to voting on bills. Not until 1964 did the Senate suc- In Nevada, the leading Republican
civil rights legislation. cessfully overcome a filibuster to pass candidate for our secretary of state
While the filibuster is not mentioned important civil rights legislation and stated that he would have refused—I
a single time in the Constitution— subsequent voting rights legislation. repeat, would have refused—to certify
Mr. SCHUMER. Will my colleague Now, history should act as a teacher President Biden’s victory in our State,
stop for a brief interruption? to all of us, and history will remind us even though the results were certified
UNANIMOUS CONSENT AGREEMENT who voted today on the side of the peo- by a Republican secretary of state and
Mr. President, I ask unanimous con- ple. I am proud that this effort includes unanimously upheld by the Nevada Su-
sent that the cloture vote on the mo- my Native American Voting Rights preme Court. That same candidate
tion to concur be at 8 p.m. Act, which will ensure Tribes and Na- opened the door to certifying alter-
The PRESIDING OFFICER. Without tive Americans and Alaskan Natives nate—alternate—electors in future
objection, it is so ordered. and voters on Tribal lands will have Presidential elections in Nevada, con-
Mr. SCHUMER. Thank you. equal access to the electoral process. trary to the actual election results.
I appreciate the courtesy of my col- Access to the ballot box is the corner- And in Nevada, the leading Repub-
league. We had no choice but to do it at stone of our democratic system, and lican candidates for Governor are
6:30. without equitable access to it, we can- promising to undo our progress and
The PRESIDING OFFICER. The Sen- not stand on the world stage and claim make it harder for Nevadans to vote
ator from New Mexico. that we are all leaders in the fight for because they refused to accept the re-
Mr. LUJÁN. So the importance of us liberty and justice for all. sults of the 2020 election.
being here today goes right in the face Now, my Republican colleagues have They are pushing the former Presi-
of having this conversation as a debate. proven time and again that they are dent’s false conspiracy theories that
I appreciate my Republican colleagues not interested in acting on this issue. fueled the January 6 insurrection. At-
who have come to the floor to engage Washington Republicans have made the tacks like these are a growing threat
in some debate, in some colloquy. political calculation that they have a to democracy and exactly—exactly—
I, like Senator KAINE, came to the partisan advantage here. They are too the reason we need to act urgently. If
Senate a bit naive. I thought debate comfortable shrugging their shoulders we fail to do so—if we fail to do so here
happened here all the time. I came here and sitting on the sidelines while and now—new State laws will result in
thinking that I could offer an amend- States chip away at the right to vote. hours-long lines at the polls, over-
ment at any time, that I could offer a I know where I stand. All we are ask- turned election results, and masses of
unanimous consent at any time. That ing for today is the opportunity to vote disenfranchised voters.
is not the case. This is not the Senate on this critical piece of legislation So let’s talk about solutions—smart
that our Founders envisioned. after everyone here has said their solutions, solutions that give every eli-
ctelli on DSK11ZRN23PROD with SENATE
Now, if you feel moved to oppose a piece. gible voter equal access to the ballot
piece of legislation, if you are pas- I urge my colleagues to do the right box.
sionate about an issue, you should have thing today, to do right by our democ- The Freedom to Vote Act combined
the courage to come to the Senate racy, and to send the Freedom to Vote: with the John Lewis Voting Right Ad-
floor in front of your colleagues and John R. Lewis Act to the President’s vancement Act meets this moment. It
the American people. desk. meets the moment we are in with our
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S327
democracy in crisis. It delivers real, I yield the floor. Democrats’ scare tactics on voting
meaningful action. The PRESIDING OFFICER. The Sen- laws have utterly failed. Now Demo-
First, this bill makes it easy for peo- ator from Wyoming. crats are so desperate to change our
ple to register to vote. It does this by Mr. BARRASSO. Mr. President, I voting laws to their advantage that
requiring States to allow eligible come to the floor today to oppose the they are going to try to break the Sen-
Americans to register online and on Democrats’ Federal election takeover. ate. That is what they are doing now.
election day, as well as update our The President just gave one of his rare The Senate is supposed to be ‘‘the
automatic voter registration system. press conferences. It was only the sec- world’s greatest deliberative body.’’
This bill would also require States to ond one he actually gave on American Some Democrats want deliberations to
accurately maintain their voter reg- soil. end forever.
istration list and protect voters The White House seems to think that
the cure for Joe Biden’s poll numbers is Democrats claim they will change
against unwarranted purges from the our election laws and then they will
voter rolls. This way, those who should more communications from Joe Biden.
And the press conference went on for 1 stop; one time only; claim they will
be eligible to vote can do so without only rig the game just once. Well, we
hassle or harassment. hour and 54 minutes.
The White House doesn’t have a com- all know that is not true. If they can’t
The Freedom to Vote Act gives resist the temptation to rig the U.S.
Americans more choices on when and munications problem. It has an agenda
problem. The American people under- Senate once, they won’t resist the
how they can legally vote through na- temptation to rig the rest of the gov-
tional standards for early in-person stand exactly what President Biden
and Senator SCHUMER and Speaker ernment either.
voting, expanded mail-in voting, and fi-
nally, making election day a national PELOSI are trying to sell. The Amer- Once Democrats change the rules,
holiday, because even if you are a hard- ican people aren’t buying it. there will be no stopping them from
Democrats don’t need a message doing everything they have ever
working American who is busy working
reset. They need a better agenda for dreamed: pack the Supreme Court, add
long hours or looking after your chil-
the Nation. What we are about to vote new States to the Union, amnesty for
dren or caring for a sick relative, you
on tonight has nothing to do with the illegal immigrants, try to take away
should still have access to the ballot
priorities of the American people. It rights guaranteed by the Second
box.
has nothing to do with coronavirus. It Amendment—you name it. If they can
This bill would ensure election secu-
has nothing to do with 40-year high in- do it, sooner or later, they will.
rity and prevent partisan sabotage by
flation numbers which are biting into
requiring postelection audits and en- There is a bill in the Senate right
the paychecks of the American people.
hancing—enhancing—protections for now to add four new Justices to the Su-
It has nothing to do with the crisis at
election records. preme Court. Forty-six Democrats in
the southern border, where 2 million il-
The Freedom to Vote Act would also the Senate have signed on to a bill for
legal immigrants have crossed the bor-
take long-needed steps to end political statehood for the District of Columbia.
der this year—criminals among them,
corruption in our elections. It would It is almost the entire Democrat cau-
drug smugglers among them, gang
accomplish this by protecting U.S. cus. Democrats have also introduced a
members among them. It has nothing
elections from foreign interference, by bill to give statehood to Puerto Rico. If
to do with what has driven the Presi-
prohibiting false information designed these bills become law, Democrats
dent’s approval numbers to an all-time
to dissuade eligible voters, by pro- low of 40 percent, which it is today in know they will get four more Democrat
moting online ad transparency, and by the Gallup poll. Senators permanently.
putting an end—an end—to that dark The Democrats’ No. 1 goal, which One change to the Senate rules, and
money in our elections. they stated at the beginning of the America would have a permanent one-
To borrow a few words from the late Congress, is to pass a Federal takeover party rule. Don’t take my word for it
Congressman John Lewis, my former of elections. An election takeover bill on amnesty either. Just months ago,
colleague from the House, a legendary was the first bill they introduced. Democrats tried to pass amnesty for 6.5
civil rights leader and American hero Democrats are ignoring what the million illegal immigrants. That is
for whom this bill is named, an inspira- American people are demanding so that greater than the population of 32 of our
tion to us all and to people all around they can do what their radical fringe is 50 States. Amnesty of this magnitude
the world, John Lewis said: ‘‘The right demanding. Democrats want elections would permanently remake our elec-
to vote is the most powerful . . . tool to be run by Washington, DC, instead torate. New York City has already
. . . in a democracy.’’ of the 50 States. granted the right to vote to illegal im-
I’m going to repeat those words from The Constitution is very clear. It migrants. If Democrats break the rules
John Lewis. Listen closely: ‘‘The right says the States run our elections. Well, of the Senate in order to change the
to vote is the most powerful . . . tool why do they want to take over our rules, they will pass amnesty as fast as
. . . in a democracy.’’ elections? they can.
Each person’s vote is their voice. It is Well, Democrats want to do things
every citizen’s opportunity to weigh in Over the past year, they have gone on
like banning voter ID laws. Now 80 per-
on what matters most to them, for record. They have sponsored the bills.
cent of Americans believe people
their family, for their community, for Yet they know they have failed to per-
should have to show a photo ID in
the country, for the world. It matters. suade the American public to support
order to vote.
It is fundamental to our democracy, to Senator SCHUMER has already twice this agenda. They know they will never
the very definition of what it means to tried to cram an election takeover bill have bipartisan support to pass the
be an American citizen for each and down the throats of the American pub- radical amnesty for illegal immigrants;
every one of us to stand up, to stand lic. This is the third time. And, so far, never have bipartisan support to ban
tall, to get to the ballot box, to be able he has failed. voter identification; never have bipar-
to vote the way we choose and have the So why? Why has this continued to tisan support for taxes and punishing
assurance that our vote is counted. It fail? Not simply because Republicans regulations that continue to drive up
matters. Each person matters. oppose it. It has failed because the the cost of energy; never persuade the
And so if the Senate cannot move American people oppose it. American people to support their rad-
forward on this critically important The American people aren’t looking ical, extreme, dangerous, and scary
legislation under the status quo, then for a Federal Government takeover of agenda. Yet, rather than change the
it is time to reform the rules, to re- elections. A recent Gallup poll asked agenda to comply with what the Amer-
ctelli on DSK11ZRN23PROD with SENATE
store the Senate, to pass this legisla- people what they think is the most im- ican people want, the Democrats want
tion—because only then can we protect portant issue facing our country. Vot- to change the rules. So, desperate for
our democracy’s future and secure the ing laws didn’t crack the top 20. In this radical agenda, they are willing to
freedom to vote for every eligible fact, voting laws received less than 1 destroy the Senate.
American, for this generation and for percent of the vote. It was an asterisk Democrats have a long list of par-
the generations to come. in the results. tisan bills they would like to pass. All
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S328 CONGRESSIONAL RECORD — SENATE January 19, 2022
of these bills have two things in com- become the Voting Rights Act of 1965. I line for twice as long as White voters
mon: They have nothing to do with im- was glued to that seat for hours, mes- to cast their ballots—twice as long—
proving the lives of the American peo- merized by what I saw and what I and in some places, for up to 6 hours.
ple, as the American people see it heard. That is not just morally wrong, it is an
today, and they give more power to the Later, back on the train to Quantico assault on who we are as a people. How
Democrat politicians in Washington, that evening, my friends asked me can we look at what is happening and
DC. what I had found on Capitol Hill on not ask, for God’s sake, can’t we do
Let me remind my colleagues that that day, and I told them I thought I better than this? Indeed, we must.
there is an election in November. In may have found my future. As it Let me leave you with one idea that
the last election cycle, seven Demo- turned out, I did. worked in 1965 and just might work
crats ran for President saying they That day and in the days to come, again in 2022. You know, every day
would change the rules of the Senate. those hearings inspired by the civil across our country, Americans gather
They all lost. Democrats who said they rights movement forced a spotlight on in places of worship. Every major reli-
would change the rules lost key Senate the discriminatory State laws that had gion in the world relies on one common
races in swing States, including Mon- made it nearly impossible for many principle that bolsters our connection
tana, Maine, and Kentucky. Black Americans to vote 100 years to each other: the Golden Rule; the
The American people have spoken after the end of the Civil War. idea that we should love our neighbor
loud and clear. They don’t want to see Years earlier, my sister and I had as ourselves; the idea that we ought to
this Democrat power grab. American grown up in Danville, VA, the last cap- treat people the way we want to be
people want us to focus on their prior- ital of the Confederacy. There, we saw treated.
ities. It is up to them to tell us what is racial discrimination up close and per- Most Americans would be surprised
important to them, and what we are sonal. Even as children, we knew it was to learn that that admonition is re-
hearing loud and clear from the Amer- wrong, and we knew it had to change. peated almost weekly in multiple Bible
ican public, it is coronavirus, it is in- Sitting in Rayburn years later, I studies and prayer breakfasts that are
flation, it is national security, it is found the place where I thought just regularly held here on Capitol Hill
crime, and it is securing the border— maybe—just maybe—I might be able to throughout the year. It is a shared be-
not a bigger power grab for politicians. help do something to right that wrong. lief across religious, ethnic, and party
The Democrats in this body seem to Nearly 18 years later, since sitting in lines that the person across from us is
have forgotten the people they were that hearing room, after I had finished just as valuable as us, just as deserving
elected to serve. my studies and completed my third de- of love and dedication as we are and
I yield the floor. ployment to Southeast Asia as a naval our loved ones are.
The PRESIDING OFFICER. The Sen- flight officer during the Vietnam war, I In 1965, the Golden Rule was a
ator from Delaware. found myself back on Capitol Hill in foundational principle for equality in
Mr. CARPER. Mr. President and col- these halls, this time serving alongside the Voting Rights Act. Congress was
leagues, as today’s debate begins to John Lewis in the House of Representa- guided by it. In fact, every major reli-
wind down, I want to rise to join those tives. gion on this planet embraces it. I don’t
who have called for the passage of the After years of blatant discrimination care if you are a Protestant, Catholic,
Freedom to Vote Act and the John and voter suppression specifically tar- Jew, Muslim, Hindu, Buddhist, and it
Lewis Voting Rights Advancement Act. geted at Black Americans, we began to goes on, the Golden Rule is in your
Years ago, when the United States witness change. It came slowly at first teachings, in your beliefs.
You hear it here in this body, in this
was in the early stages of conflict in and then more quickly.
building, week in and week out. Maybe,
Vietnam, I was fortunate to win a Navy Thanks to the tireless efforts of peo-
just maybe, it is about time for us to
ROTC scholarship to attend Ohio ple like our friend John Lewis, the Vot-
rely on it once again in this land of the
State. ing Rights Act of 1965 gained increas-
free as we seek to connect our values
During my freshman year there, as ingly popular bipartisan support over
and our faith to our actions.
spring break approached, our com- the years. In fact, as we heard earlier, Most of us will recall that both Dr.
manding officer urged a bunch of us by 2006, the vote to extend the Voting King and the preamble of our Constitu-
freshman midshipmen to—he said: I got Rights Act was unanimous. Imagine tion called on us to work to make this
a deal for you. How would you like an that—98 to 0. Think about it—98 to 0. a more perfect Union and fulfill the
all-expenses-paid trip to Quantico, VA, Today, 16 of the Republican colleagues promise of our Founders that all men
over spring break? who voted for it among those 98 are and women are created equal.
That is where the marine officers still here—are still here. While across our country today, we
trained after going to college. Given that history, however, it is al- are seeing a growing wave of voter re-
We all raised our hands and said: most unbelievable to think that the strictions, I am reminded of what Mar-
Count us in. right to vote is under attack once tin Luther King said many years ago.
On our way—1 day off—we had 5 days again in many parts of our country. He said this:
in Quantico and 1 day off. We took a Today, in States across America, State Only when it is dark enough can we see the
train to Union Station in Washington, legislators and some Governors are stars.
DC, just three or four blocks from here, seeking to enact a wave of voter re- Think about it. Only when it is dark
and from there, most of my fellow mid- strictions, many of them with the sole enough can we see the stars. And some-
shipmen found their way to watering purpose of making it harder to vote, times it is only when we are tested as
holes in Georgetown. I chose to visit often specifically targeting Black a nation that our true spirit shows
Capitol Hill. It is a place I had never Americans. itself. I pray—I pray—that this is just
been. In 2021 alone, 19 States passed some one such time.
That day, I walked up Delaware Ave- 34 laws restricting the right to vote. So while none of us hoped we would
nue and passed this building, somehow How? Well, by allowing partisan ob- ever face these challenges in our de-
finding my way into the Rayburn servers to intimidate independent poll mocracy to our democracy in the year
House Office Building just a short dis- workers in Texas and by pulling drop 2022, perhaps we can take some comfort
tance from where we are gathered boxes and ballot applications out of the in knowing that someone else has
today. I walked up to a security officer hands of voters and imposing penalties walked this path before us.
there and asked if there were any hear- for poll workers in Florida who were All these years later, we feel that
ings underway that I might try to sit just trying to do their jobs. In Georgia, ‘‘fierce urgency of now,’’ that ‘‘fierce
ctelli on DSK11ZRN23PROD with SENATE
in on. He said yep, and he directed me it is OK to make the poll lines longer urgency of now’’ that Dr. King spoke of
to a long line leading to the House Ju- and longer, but you can’t bring food or five decades before, providing us with
diciary Committee room. water to the voters who wait in them, both a moral blueprint and the encour-
After a long wait, I finally had the sometimes for hours, to vote—hours. agement to do something with it.
chance to find a seat and watch in per- We know that in many parts of As I close, let me just say, having
son the debate over what would later America, Black voters have to wait in said all that, let me reiterate that this
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S329
is not a time to wait and dawdle. Con- zens and restrict their access to voting, Fact: The law allows poll workers to
gress needs to regroup when we leave the laws that are being proposed and set up self-serve water stations for vot-
this building this day, this week, and adopted by the States are doing just ers to use. The statute prevents polit-
then act with the same sense of ur- the opposite. They are helping to ex- ical organizations—political organiza-
gency as an earlier Congress did in 1965 pand voter access and improve security tions—from giving people in line things
and pass the Freedom to Vote Act and at the polls. like meals, water, or gifts. Once again,
the John Lewis Voting Rights Ad- There are a lot of myths and this is a longtime honored practice in
vancement Act in order to better pro- untruths running rampant because the States. This law of anti-electioneering
tect the sacred right to vote and up- Democrats seem to want the public to or anti-vote-buying is standard prac-
hold the sanctity of our electoral proc- think there is this widespread voter tice in many States, including many of
esses. The legislation before us today suppression in Republican-led States, my colleagues’ blue States like New
seeks to make clear what we as a na- which there is not. York, New Jersey, and President
tion aspire to be. It makes clear that A couple of myths and the facts: Biden’s home State of Delaware.
no one who is eligible should be denied Myth: Republican State legislatures So let’s get on to the filibuster. The
the sacred right to vote. are enacting laws that will roll back argument is, since the Republicans
Let me close, colleagues, by observ- early voting. won’t accept these long, directed, so-
The fact is that the States are ex- called reforms of our election laws,
ing that in the end, we can quote Dr.
panding early voting. Georgia’s bill, for that we should eliminate the filibuster
King and praise my friend John Lewis
example, which has been attacked, al- in the Senate. That is the last thing
until the cows come home, but when
lows for and provides for—mandates 17 that should be done in the Senate.
Americans’ sacred right to vote is on
days of early voting with two addi- President Biden himself has argued
the line, it is our responsibility to up-
tional optional Sundays of early vot- against eliminating the filibuster, and
hold our oath to the Constitution and
ing. The list goes on. Arizona allows 26 according to a recent report, Demo-
get on with it.
days. Iowa allows 20 days. Texas, an- crats used that filibuster over 300 times
I never knew Dr. King. I knew John
other State that has been attacked, al- in 2020.
Lewis, knew him well, and loved him.
lows 17 days. The fact is the States are In 2005, then-Senator Joe Biden gave
But I don’t know if Dr. King or John
expanding early voting. a passionate floor speech defending the
Lewis were fans of Mark Twain. I am. Myth: States are implementing voter
I want to close by paraphrasing the Senate filibuster, saying that this is a
ID for vote-by-mail in order to dis- key procedural tool and ending it
words of Mark Twain, and this is that enfranchise voters.
paraphrase: When in doubt, do what is would ‘‘eviscerate the Senate’’ and do a
The fact: As vote-by-mail is increas- ‘‘disservice to the country’’ and would
right. You will amaze your friends and ing in the States, the States are imple-
confound your enemies. ‘‘upset the constitutional design.’’
menting some of the same safeguards— In another floor speech, then-Senator
Well, friends, time has come to do the same safeguards—that are used for
just that, to do both of those things, Biden further argued the reason Repub-
in-person voting to ensure a secure licans in Congress were attempting to
and that is why no barrier should stand election, such as voter ID, which the
in the way of our sacred obligation to end the filibuster was because they
legislation before us seems to want to controlled ‘‘every level of govern-
protect this democracy. prohibit. Recent polls show that 80 per-
I yield the floor. ment.’’ He went on to point out that
cent of the people support being re- the reason to have the filibuster rule
(The PRESIDENT pro tempore as- quired to show ID in order to vote, in-
sumed the Chair.) was so that ‘‘when one party controls
cluding 62 percent of Democrats. all levers of government, one man or
The PRESIDING OFFICER (Mr. Myth: Prohibiting ballot harvesting
KING). The Senator from Idaho. [one] woman can stand on the floor of
and requiring people to vote in their
Mr. CRAPO. Mr. President, the cur- the Senate and resist the passions of
own correct precinct constitutes dis-
rent voting rights proposals or so- the moment.’’
crimination outlawed by the Voting Again, in 2005, Senator CHUCK SCHU-
called voting rights proposals that the Rights Act.
Democrats are proposing are not about MER also said that eliminating the fili-
Fact: In a recent Supreme Court
increasing access to the ballot box. Ac- buster would be a ‘‘doomsday for de-
case, the Court ruled 6 to 3 against this
cording to the Washington Post, the mocracy’’ that would turn our country
claim. Arizona law mandates that vot-
2020 election saw the highest voter into, in his words, a ‘‘banana republic.’’
ers must vote in their assigned pre- Former Senator Robert Byrd wrote
turnout in 120 years, and 94 percent of cinct, and those who vote early by mail
the voters said that voting was easy. about preserving the filibuster. We
cannot have anyone other than a heard it many times today. He said:
These bills are really a power grab that household member, a family member, a
would circumvent and federalize our We must never, ever, tear down the only
caregiver, a postal worker, or an elec- wall—the necessary fence—this nation has
entire elections process, stripping tions official collect their ballot; in against the excesses of the Executive Branch
States of their constitutional authori- other words, supervised ballot collec- and the resultant haste and tyranny of the
ties. tion. This law effectively bans the majority.
These power grabs would force tax- practice of ballot harvesting. He went on to say:
payers to pay for political campaigns, The Democrats seem to want to ex- The Senate has been the last fortress of
expand the practice of ballot har- pand, even mandate, ballot harvesting minority rights and freedom of speech in this
vesting, prohibit important voter ID in the legislation we are being asked to Republic for more than two centuries. I pray
laws, keep deceased people and those support tonight. that Senators will pause and reflect before
who have moved out of the area on Myth: States are improperly purging ignoring that history and tradition in favor
voter registration rolls, and federalize eligible voters from their voter rolls. of the political priority of the moment.
election laws, which would violate the Fact: States are taking reasonable As Leader MCCONNELL quoted on the
U.S. Constitution’s clear directive that measures to ensure their voter rolls are floor yesterday, ‘‘[T]he smallest major-
States administer the elections, to accurate, which makes elections more ity we have ever seen in our politics is
name just a few. efficient and fair. States are simply trying to change the rules for how peo-
Article I, section 4 of the U.S. Con- implementing a time-honored practice ple get elected in every State.’’
stitution delegates the election proc- of cleaning up voter lists, removing You may recall, Republicans were
esses to the States. This is a Union of voters who have died or who have asked to do this exact thing when we
50 States. States are the best equipped moved or who have been declared in- controlled every lever of government,
to implement and enforce election poli- competent by a court or convicted of a and we refused to make that change be-
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cies that protect the integrity of all fu- felony, a time-honored practice in cause of the importance of the fili-
ture elections. many of the States across this Nation. buster to this institution. Eliminating
Although many who have spoken Myth: Recent changes in Georgia to or weakening the legislative filibuster
today would have you believe that prevent people from giving bottles of would destroy the intentional design of
States across this Nation are seeking water is inhumane and targets minor- the Senate to be the world’s most de-
to violate the rights of American citi- ity communities. liberative body. It would allow any
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S330 CONGRESSIONAL RECORD — SENATE January 19, 2022
small majority in the Senate to strip No. Was the struggle short? No. But Nation’s history when you go back and
the voice of millions of Americans con- was it worth the sacrifice, the dedica- read it, but it is the moments of bipar-
sidered in the minority. tion, the commitment, and, yes, the tisanship that punctuate it.
Removing the ability to filibuster compromise, to meet it? Of course. So I would ask a question of our two
legislation would reduce the incentive But before the Senate today is the leaders.
for the Senate to forge broad agree- issue that is at the heart of our very Mr. Majority Leader, should we not
ments and force further debate and government, the right to vote—the one have a debate, a real debate, on these
would likely increase divisiveness rath- thing we can hold sacred, no matter issues, with amendments, unbound by
er than efficiency. what party we belong to, the right to deadlines or time limits?
I urge my colleagues to vote against vote. In answer to that, I also ask of the
this Federal takeover of our State’s Time and time again, the Constitu- minority leader: Do we not have an ob-
constitutional right to manage their tion has been amended to expand the ligation to Americans, to your con-
own elections, and I urge my col- right to vote, not to restrict it but to stituents and mine, to at least talk
leagues to reject this unfounded as- expand it. Look at the 15th Amend- about these issues, offer honest and
sault on the Senate filibuster. ment, the 19th, the 24th, the 26th. meaningful proposals, and then vote
The PRESIDING OFFICER. The Sen- These each gave greater access to the them up or vote them down?
ator from Vermont. ballot box for Americans; it furthered Are we not intended to be the great-
Mr. LEAHY. Mr. President, this has the shared goals that ours be the most est deliberative body in the world? It
been an interesting day of debate. It inclusive and most democratic Nation probably was when I came here, but
actually feels good to hear people real- on Earth. these days, we surely are not.
ly speak on an issue. As President pro But today, we do have a scourge of History will remember this mo-
tempore, I sat in that chair where my laws—no matter what we say on the ment—a moment when we stood for the
distinguished friend from Maine is sit- floor, the facts are we have a scourge of foundational right of our democracy—
ting now as Presiding Officer. I sat laws making their way through par- the right to vote—or we stood against
there for hours today and listened to tisan legislatures across the country. it. Long have I said on this floor that
the debate and heard many I found ex- They roll back the tides of time, ruin- the conscience of the Nation rests in
tremely good and then I heard some ing the most fundamental right, all at the U.S. Senate—or it should. Today,
others. But I appreciate the fact that I a time when technology and pure com- we—each of us who has sworn to uphold
mon sense should tell us that voting the Constitution as a Member of this
had the opportunity, as President pro
great body—must examine our own
tempore, to hear so many of the Sen- should be a lot more accessible than it
conscience. We must decide whether it
ators of both parties speak. is and coupled with a challenge from
You know, I spoke yesterday about will be the politics of exclusion or the
the Supreme Court that the Congress
protecting everyone’s vote on the bal- justice of inclusion that will be the in-
affirmatively act. Remember, the Su-
delible mark of the 117th Congress, and
lot and how important that is. I know preme Court said why doesn’t Congress
we must decide if the Senate envi-
that because in my own State of step in and act to restore the long bi-
sioned by our Founders can be re-
Vermont, when I first ran, it was a partisan Voting Rights Act. There is no
stored.
very Republican State. I have been on more important time than now for us The giants, the lions of the Senate,
the ballot, between my time as State’s to meaningfully address this constitu- are the Members who rise above to
attorney and Senator, between pri- tional right, this foundational right. meet these moments and who have the
maries and general elections—I have Now, there are some honest questions courage to do what is right. If our jobs
been on the ballot in Vermont 24 times. to ask here of ourselves and each other. were easy, anyone could do them, but
I never questioned that the ballots Do we really want to make it more dif- throughout history, fewer than 2,000
would be counted accurately and hon- ficult for Americans to vote legally Americans have had the honor, the
estly, even though, in several of the and safely? privilege, and the responsibility to hold
elections, 80 to 90 percent of the people Is that what democracy means to the title of ‘‘U.S. Senator.’’
counting the ballots were the town you, to me? Do we really want to allow I have been proud to serve with one
clerks, and they were Republicans. States to make it more difficult for out of every five of those Senators—
So after those 24 times, I think I blue-collar workers or the poor or the some I agreed with, some I disagreed
have some idea of how the Senate disadvantaged to vote, when the great with. But I can say this: We, the 100
works, and I can also say that with se- advances of time and technology are here today, are caretakers of a legacy
niority comes a bit of experience. This there where you can easily make it far greater than our own. We shoulder
is my 48th year here in the U.S. Sen- easier—easier—to vote, not more dif- the responsibility of a nation—a nation
ate, having been elected by those same ficult. founded under the principle that gov-
Vermonters whom I praise for the way Are we really going to turn back the ernments are instituted among their
they protected the sanctity of the bal- clock to an era where State and local people, deriving their just powers from
lot 48 times. I am still the only Demo- jurisdictions can blatantly discrimi- the consent of the governed.
crat sent to the U.S. Senate by the vot- nate against certain voters—yes, peo- I fear that, if we let this moment—
ers of Vermont. ple of color and minority populations— this pivotal moment—pass us by with
I have become the chairman of the by simply rigging the systems of vot- no debate, no action, and no advance-
Appropriations Committee, the former ing or counting or changing the map, ment, we will not only be derelict in
chairman and ranking member of the to erase the progress of generations our duty, but we will betray the very
Judiciary and Agriculture Committees, and make meaningless the fight of oath we swore when we stood in front
and then honored three times to be lions like John Lewis, Dr. Martin Lu- of the desk at which the Presiding Offi-
elected as President pro tempore. So ther King, Jr., and so many others? Is cer is sitting and pledged to defend the
let me just take a couple minutes of that really what we stand for in this Constitution and to continue the end-
your indulgence to talk about what the century? Were we elected by our con- less goal of forming a more perfect
Senate was, what it has become, and stituents to flatly obstruct any action Union.
what it can be again. in this body simply because our party We should pass the Freedom to Vote:
I think my experience qualifies me to is not in the majority or were we elect- John R. Lewis Act, but we should at
say that. My conscience compels me to ed to tacitly agree with a prescribed the very least have the courage to de-
say that. We, each of us, stand on the agenda? The Senate and those who bate it.
shoulders of giants. The Senators from stand in it owe more to our constitu- I feel such privilege in serving
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across the political spectrum and from ents and to this Nation than blind Vermont. I feel such privilege to have
around this Nation who forged a path party loyalty. We owe it to the Nation been on the ballot 24 times in our State
for America, they met the moment of to do what is right. We owe it to our because I can always trust that every-
the time not with timidity or fear but conscience to do what is right. Par- body who wanted to vote could.
with action and with decisiveness. tisan disagreements, divisions, and Today, we have the technology and
Now, was the road taken an easy one? stalemates dot the pages of our young the ability to have far more people
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S331
vote. Don’t we owe it to this country country saw Trump’s Big Lie and But let’s be clear. This enormously
and don’t we owe it to our oath of of- fearmongering as an opportunity—a important bill—a bill to protect the
fice to do that? golden opportunity—to solidify their foundations of American democracy—
I yield the floor. political positions. will fail. It will fail because, according
The PRESIDING OFFICER. Another Acting under the guise of voter integ- to Senate rules, it will require 60 votes
Senator from Vermont. rity, despite the fact that our Nation to pass, and in a 50–50 Senate, not one
Mr. SANDERS. Mr. President, we are has very little voter fraud—thank Republican will vote for it. It will like-
running out of Senators from Vermont. God—they proceeded to pass election ly get 50 votes, which, with the Vice
I think that is it. laws in 19 States that make it harder President casting the tie-breaking
(Laughter.) for people to vote, with a special focus vote, would be enough to pass this leg-
Let me begin by thanking a number on people of color, young people, poor islation under majority rule. It will not
of my Senate colleagues who have people, and people with disabilities— get 60 votes—all of which brings us to
worked so hard on this issue. Let me people who might be inclined to vote the second vote, which is really the
thank, among others, Senators against them. In many cases, they also most important vote of the day.
MERKLEY, KLOBUCHAR, BOOKER, WAR- created election districts through ex- That vote will determine whether
NER, KING, LEAHY, DURBIN, KAINE, and treme gerrymandering that have no ra- anything we discuss today—whether
others for their efforts on this impor- tionale other than to make certain any of the speeches that we give, any
tant issue. that Republicans retain control over of the points that we actually make—
I will be brief because there is not a State legislatures. In other cases, they will, in fact, become law. That is the
whole lot that I can add to the excel- are cutting back on the authority of vote to change Senate rules and estab-
lent statements that so many other independent election officials and giv- lish a talking filibuster—a process
Senators have made. Let me just say ing that power to partisan legislatures. which gives the minority an enormous
this: For some, the issue we are debat- Today, in order to address this crisis amount of time to object to legislation
ing today may seem complicated, to be in American democracy, Members of and voice their concerns. The minority,
understood only by lawyers, constitu- the Senate will be casting two very im- whether it is a Democratic minority or
tional scholars, and those handfuls of portant votes. a Republican minority, would have
people who actually understand the The first will be on the Freedom to days and days and days to slow the
opaque rules of the U.S. Senate. I just Vote Act. This bill goes a long way to process down and to rally the Amer-
want to say that, if this is what you ending voter suppression and, in fact, ican people around their ideas, but
think, you are wrong. What we are de- making it easier, not harder, for Amer- they would not have forever. At the
bating today is not complicated; it is ican citizens to vote. It establishes end of the time allotted, a majority
really quite simple. Here is what it is automatic voter registration and on- vote would prevail, which, in my view,
about. line voter registration. It celebrates is what a democratic society is all
Joe Biden won the 2020 Presidential democracy by making election day a about.
election, period. You may have liked national holiday so that people can Is changing the Senate rules a rad-
that result or you may not have liked vote at a time other than after work. It ical idea? Oh, my God. For the first
it, but he won. He won in an election establishes uniform early voting and time in history, we are about to do it.
that Donald Trump’s own Department same-day registration. It has never been done before—well,
of Homeland Security determined to be This bill also ends partisan gerry- really, not quite. No. As every Member
the most secure election in American mandering and roots out the undue in- of the Senate knows, the rules get
history. fluence of special interest money in changed on a fairly regular basis.
After the election, Trump and his buying elections. Imagine that. Imag- There is nothing radical about it. Just
supporters filed more than 60 lawsuits ine that. We would actually know the a few months ago, in order to raise the
in State and Federal courts, repeating names of billionaires who put huge debt ceiling and prevent our govern-
their false claims and trying to reverse amounts of money into super PACs ment from defaulting on its loans, the
the election results. These lawsuits that buy elections. What a terrible rules were changed so that a 50-vote
were rejected time and time again, in- thing. We would actually know who majority would prevail. We changed
cluding with judges whom Trump him- these people are. the rules appropriately, and we pre-
self appointed. Nonetheless, the former This bill would also provide increased vented a default in a massive world-
President continued to claim—and to protection in the voting process to vot- wide depression.
this day continues to claim despite all ers with disabilities, the military, Just a few years ago, my Republican
of the evidence—that the election was overseas voters, and underserved com- colleagues, who are so adamantly
stolen and that he actually won in a munities, and much, much more. against changing rules, well, my good-
landslide. This is a very significant piece of leg- ness, they changed the Senate rules to
Not only are his statements and ac- islation. Now, why would anybody be allow 50 votes to confirm the Presi-
tions delusional, they are worse. In re- opposed to it? Why, in a nation that dent’s nominees for the Supreme
peating this Big Lie over and over has a history of denying the vote to Af- Court—oh, my goodness, how shock-
again, he not only cast doubts about rican Americans, denying the vote to ing—and they got three conservative
the 2020 election, but, in fact, in a dis- Native Americans, denying the vote to Supreme Court Justices as a result.
graceful and unprecedented way for a women, denying the vote to low-in- Rules get changed around here all of
President, he is undermining the very come Whites, would any fairminded the time. And, maybe, just maybe, we
foundations of American democracy. person be in opposition to making it might want to change the rules in
Shamefully, Republican leaders all easier for all citizens to vote? order to save American democracy.
across this country, including Repub- That is what I understood when I Now, let me conclude by saying this.
lican Members of the U.S. Senate, ei- went to elementary school. You know, And I don’t know if any of my other
ther repeated Trump’s lies or tried to you play by the rules. You do your colleagues have made this point, but I
walk a very, very thin line around best. Sometimes you win, and some- will. I regard it as a very sad day for
them. Trump’s one-man dominance times you lose. That is the process. But our country—and I mean this very sin-
over the Republican Party is now so no one ever told me that what politics cerely—that not one Republican in this
strong that few Republican officials are is about is working overtime to try to body is prepared to vote for this bill.
prepared to state openly what they prevent people from voting just be- Now, I understand why that is the
know in their hearts to be true, and cause they might vote against you. case. I am in politics. I got it. I know
ctelli on DSK11ZRN23PROD with SENATE
that is that Trump is a pathological Our job should be to increase voter who the leader of their party is. But
liar and a threat to democracy and this turnout and make it easier for people this, I do not understand. I can under-
country and our very way of life. to participate, which is what this legis- stand Republicans, but this, I do not
In any case, the predictable result of lation does. I want this country to have understand. I do not understand why
all of this was that Republican Gov- the highest voter turnout of any na- two Democrats, who presumably under-
ernors and legislatures all over this tion’s on Earth, not one of the lowest. stand the importance of the Freedom
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S332 CONGRESSIONAL RECORD — SENATE January 19, 2022
to Vote Act—and, as I understand it, tisan basis, year after year . . . because on the U.S. Capitol that this con-
will vote for the Freedom to Vote members of Congress realize [that] this spiracy was defeated.
Act—are not prepared to change the is a piece of legislation [that] has So now, this faction seeks to dis-
rules so that that bill could actually worked’’—no more, not in 2022. Only mantle precisely those bulwarks which
become law. That, I do not understand. one Republican Senator stood up to prevented their onslaught from suc-
If you think this bill makes sense support the Voting Rights Act of 1965. ceeding. The choice is ours whether we
and if you are worried about the future When Congressman John Lewis and will allow them to do so.
of American democracy and if you are Hosea Williams and Amelia Boynton We in the U.S. Congress, Madam Vice
prepared to vote for the bill, then why and hundreds of others marched across President, have the constitutional au-
are you wasting everybody’s time and the Edmund Pettus Bridge on Bloody thority to make the laws with respect
not voting for the rule change that al- Sunday, when John Lewis had his skull to the administration of Federal elec-
lows us to pass the bill? It is like invit- fractured on that bridge for daring to tions.
ing somebody to lunch, putting out a demand the right to vote for Black We in the U.S. Senate have an obliga-
great spread, and saying you can’t eat. Americans in the American South, it tion to defend the legacy of Congress-
If you are going to vote for the bill, was the example of their courage and man John Lewis, to stand up for the sa-
vote to change the rules. their sacrifice that paved the way for cred franchise, to secure equal access
If we can change the rules to prevent passage of the Voting Rights Act of to the ballot for every single American
a default on our national debt, if we 1965. voter so that this country can continue
can change the rules to confirm Su- As my colleague, my brother, Sen- its journey toward full realization of
preme Court Justices, we can certainly ator Reverend WARNOCK has often ob- our founding ideals.
change the rules to save American de- served, when Congressman Lewis I yield the floor.
mocracy. passed, there were many in this Cham- The VICE PRESIDENT. The Senator
Thank you. ber on both sides who rightly cele- from Georgia.
The PRESIDING OFFICER. The Sen- brated his towering achievements and Mr. WARNOCK. Madam Vice Presi-
ator from Georgia. his legacy. But I speak for the State of dent, we have been summoned here by
Mr. OSSOFF. Mr. President, Abra- Georgia when I say: Do not invoke Con- history. This is not just another rou-
ham Lincoln must be turning in his gressman Lewis’ name to signal your tine day in the Senate. This is a moral
grave to hear the Senators from the virtue while you work to erode his leg- moment in America.
Grand Old Party—the party of aboli- acy and defy his will. I recall the words of that great Amer-
tion and emancipation and reconstruc- I have heard a lot from our Repub- ican patriot and prophet, Martin Lu-
tion—echoing the State’s rights rhet- lican colleagues about the recently ther King, Jr., whose birthday all of us
oric of Dixiecrat segregationists to op- passed election law in the State of just observed. As he agonized over the
pose Federal voting rights legislation, Georgia. Let’s be very clear. There is difficulty and complexity of that moral
to oppose even the reauthorization of no one in Georgia on either side of the moment, Dr. King said: ‘‘History has
the Voting Rights Act—the Voting aisle who doubts or does not under- thrust something upon me from which
Rights Act of 1965. stand precisely what its purpose is. I cannot turn away.’’ We have been
In 2021, just one Republican Senator Mr. WARNOCK. That is right. That is summoned here, all of us. We cannot
had the courage and principle to vote right. turn away.
to restore the Voting Rights Act of Mr. OSSOFF. Forbidding voter reg- This is no time for politics as usual.
1965—the Senator from Alaska, Ms. istration for run-off elections, driving The times cry out for moral leadership,
MURKOWSKI—just one. down the early vote period during divi- for integrity, for empathy, and for care
For decades, the reauthorization of sive runoffs to drive up lines at major- for one another, for deep investment in
the Voting Rights Act was bipartisan. ity Black precincts. the covenant that we have with one an-
Today, only one Republican Senator As he used to say, John Lewis didn’t other as an American people. ‘‘E
will stand up for this landmark give a little blood on that bridge that pluribus unum,’’ out of many, one—
achievement of the civil rights move- day so that Black Georgians would what a grand doctrine, what a noble
ment—not Senator CORNYN of Texas, have to wait eight times longer to vote idea, which our country has been striv-
who previously said, ‘‘the Voting than White Georgians. John Lewis ing to reach with fits and starts with
Rights Act is simply the most impor- didn’t give a little bit of blood on that setbacks and comebacks since the day
tant and most effective civil rights leg- bridge that day so that State legisla- of its founding.
islation ever passed, bar none’’—no tures across this country could pass This is one of those moments. We
longer his position—not my friend the legislation surgically targeted to make cannot turn away. We cannot hide from
Senator from Maine, Ms. COLLINS, who it harder for some people to vote, all history. And I am truly honored to
previously said, ‘‘This bill will ensure for partisan power. stand here with all of you, Democrats,
that the voting rights afforded to all In the State of Georgia, where now Republicans, and Independents, in this
Americans are protected’’; not Senator partisan election officials can step in moment. And on this, my 365th day as
BURR of North Carolina, who pre- and throw out locally elected election a Member of the U.S. Senate, the most
viously said, ‘‘Voting rights for all boards to change who can vote and consequential deliberative body on the
American citizens regardless of race where they can vote—this, in the after- planet, striving, again, for greatness.
[are] granted by the 15th Amendment math of a well-known incident when I was elected from Georgia on Janu-
and enforced by the Voting Rights the former President of the United ary 5—what an honor to represent the
Act’’; and not the minority leader, who States threatened Georgia’s secretary people of the State of Georgia and what
previously said, ‘‘This is a good piece of of state with criminal prosecution if he a great Nation, a kid from the Kayton
legislation which has served an impor- didn’t ‘‘find 11,000 votes’’ that were Homes Housing Projects, the first col-
tant purpose over many years. . . . And never cast for Donald Trump. lege graduate in my family of 12. My
this landmark piece of legislation will The facts of the former President’s folks are both preachers. They read the
continue to make a difference not only efforts to seize reelection, despite his Scriptures: ‘‘Be fruitful and multiply.’’
in the South but for all [Americans] defeat, are well-known. He and his lieu- But this kid who grew up in poverty is
and for all of us, whether we are Afri- tenants mounted an unprecedented now serving in the U.S. Senate, only
can-Americans or not’’; not the minor- campaign to retain power based on a the 11th Black Senator in the whole
ity leader, the same minority leader, torrent of lies that have grievously history of our Nation. Also during that
who said, ‘‘This bill eliminated the bar- wounded public confidence in our elec- same time, Georgia also elected its
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riers to voting so that all Americans tions. And it was only thanks to the in- first Jewish Senator, my brother JON
could participate in the basic oppor- tegrity of our laws and our courts and OSSOFF.
tunity each of us have,’’ who cele- principled election officials and the I believe that somewhere, in glory,
brated, ‘‘We have . . . renewed the Vot- will of Congress, the will of this Sen- Dr. Martin Luther King, Jr., and Rabbi
ing Rights Act periodically since that ate, to ensure the peaceful transition Abraham Joshua Heschel are smiling
time, overwhelmingly, and on a bipar- of power in the face of a violent assault because they marched together. Rabbi
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S333
Heschel said that when he marched Why is the second most powerful legis- frastructure and the infrastructure of
with Dr. King, he felt like his legs were lator in the Georgia State Senate our democracy at the same time. If we
praying. working right now to pass legislation can change the rules to raise the debt
So what a moment. I won after a to eliminate all ballot drop boxes in ceiling, we can change the rules to
hard-fought election, and the next Georgia in the middle of a pandemic? raise and repair the ceiling of our de-
morning, I was feeling pretty good. My Why are State leaders in Georgia right mocracy. This is our work.
mother, who grew up in Waycross, GA, now working to take over the local So we have crafted a strong piece of
picking cotton as a teenager, had elections board in Fulton County, compromise legislation that will ad-
joined with other Georgians in record where Ebenezer Baptist Church sits? dress the rampant voter suppression
voter turnout, and the 82-year-old There is a woman in Cobb County and election subversion laws we are
hands that used to pick somebody named Irish. She says she has tried re- seeing passed in State after State after
else’s cotton helped to pick her young- peatedly over the past 10 years to vote State—19 so far and counting. The
est son to be a U.S. Senator. Only in but could not because of long lines and Freedom to Vote: John R. Lewis Act
America is my story even possible. changing polling locations—people will restore bedrock voting protections
I was on several of the morning playing games. She said that she has established by the Voting Rights Act of
shows talking about what the people of often had to decide if she will work or 1965—protections that have been eroded
Georgia had achieved, and I was feeling vote. by the Supreme Court and are born
pretty good that morning. Man, I was Another woman, Varana, from Cobb from an era where Members of this
on ‘‘The View’’ talking to Whoopi County says that she waited in line for body used to work together to solve
Goldberg. But by lunchtime, the news 8 hours in the rain at her local li- the tough issues of our time. It will
alerts on my phone began to buzz. brary—8 hours—to vote. also set a Federal baseline for voting
Something was happening in the Cap- I run into constituents all the time standards to ensure every eligible voter
itol. And we all know the rest of that who tell me that they waited for hours has access to the ballot, no matter
sad and tragic story: a violent assault to vote for me. I am honored that they where they live, and to protect elec-
on our Nation’s Capitol driven by the voted for me, but I am sad that they tions from subversion by craven politi-
Big Lie, ugly words, signs and symbols should have to wait for 8 hours. cians.
of racism and anti-Semitism, an effort A student in Atlanta named Isabella Voting rights should be bipartisan;
to stop the legal certification of an says that she and many of her friends used to be bipartisan; passed this body
election. could not vote in the November 2020 the last time 98 to 0 and signed into
In spite of those who want to hide, election because they did not want to law by George W. Bush, a Republican
sadly, January 6 really did happen, and skip class to stand in line. President.
we must face up to it. We cannot hide Why are State leaders in Georgia be- I know that my colleagues and I have
from history. January 6 happened. But having as if giving voters these awful worked in good faith this past year,
here is the thing: January 5 also hap- choices is normal or that voters like this entire year. We have worked hard
these Georgians don’t exist? to try to find some common ground
pened. Georgia, a State in the old Con-
Those are the facts of the laws that with our Republican friends on this
federacy, sent a Black man and a Jew-
are being passed in Georgia and across issue.
ish man to the Senate in one fell I have said to my colleagues: Let us
swoop. our Nation.
So here is the question tonight: bring these measures to the floor to de-
Our Nation has always had a com-
America, are we January 5 or are we bate. Let’s reason. Let’s deliberate.
plicated history, and I submit to you I had hoped our friends on the other
that here is where we are. We are January 6? Are we going to give in to
side would have allowed us to have a
swinging from a moral dilemma. We the forces that seek to divide us by ger-
debate on voting rights legislation, but
are caught somewhere between Janu- rymandering us, suppressing us, and until today, that is what they have
ary 5 and January 6, between our hopes subverting the voices of some of us in blocked three times in the Senate.
and our fears, between bigotry and be- pursuit of power at any cost, or are we They didn’t block the bills; they
loved community. In each moment, we going to live up to that grand Amer- blocked our ability to even have debate
the people have to decide which way ican covenant ‘‘e pluribus unum’’— on the bills.
are we going to go and what we are ‘‘out of many, one’’? I choose what Dr. As a pastor, I understand the power
willing to sacrifice in order to get King called ‘‘beloved community.’’ I and the possibility of coming together
there. choose America. I choose a nation that with those with whom we disagree to
The question today is, Are we going embraces all of us. have a robust debate on the issues that
to give in to a violent attack whose We have been summoned here. We are important to families and to our
aim is now being pursued through par- cannot turn away. In just a few mo- country. I share with many of you, I
tisan voter suppression laws in State ments, all 100 of us, blessed with a sa- am sure, a vision of the Senate that
legislatures? cred trust, will let the American people collaborates and negotiates on the
Sadly, Georgia, the same Georgia know where we stand on the question most important issues of our time.
that sent me and my brother, OSSOFF, of whether the Senate will protect I believe in bipartisanship, but when
to the Senate—not the people of Geor- their voices, the voices of the very peo- it comes to something as fundamental
gia; partisan State politicians have de- ple who sent us here, or if we will sim- as voting rights, I just have to ask: Bi-
cided to punish their own citizens for ply surrender to the anti-democratic partisanship at what cost? Who is
having the audacity to show up. fervor and polarizing disunity spread- being asked to foot the bill for this bi-
It isn’t just about the restrictions ing across our Nation. partisanship? And is liberty itself the
around water and food distribution. In the meantime, let me say that I cost? I submit that that is a cost too
The more fundamental question is, am glad that we are finally actually high and a bridge too far.
Why are the lines so long in the first having a debate on the Senate floor. I am deeply saddened that our Repub-
place, and why is that the case in cer- Imagine that. The Senate—what is lican colleagues chose not to join us in
tain communities? that?—the most important deliberative this effort. Democrats would prefer not
I know that some Americans listen- body—is actually having a debate. It to act alone, but, by all means, we have
ing to me right now don’t know what took us nearly a year to get to this to act. Even if we don’t get it done to-
we mean because that is not your expe- point, and I want to thank my col- night, we have to keep working at it
rience, but it is the experience of so leagues who worked with me and oth- until we get it done.
many of your fellow Americans. We ers over the last many months to keep Dr. King’s words are as true now as
ctelli on DSK11ZRN23PROD with SENATE
need empathy, compassion, care for this critical issue on the Senate’s front they were back then: ‘‘History has
one another. burner. thrust something upon me from which
Why are local election officials work- Voting rights are preservative of all I cannot turn away.’’ He said: ‘‘Justice
ing in Lincoln County, GA, to close all other rights. The democracy is the delayed is justice denied.’’
but one polling location for a county framework in which all other debates Now, I know that I have been speak-
that is bigger than 250 square miles? take place. We can strengthen our in- ing a lot over the course of the last
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S334 CONGRESSIONAL RECORD — SENATE January 19, 2022
year about voting rights, and it is one gued that legislation to protect voting I support reforming the Electoral
of my—one of my—primary passions. rights somehow offends our Federal Count Act. That said, reforming the
But I am thrilled to work for Georgians system of government and amounts, Electoral Count Act will do virtually
to close the Medicaid coverage gap in they say, to a Federal takeover of elec- nothing to address the sweeping voter
our State; to create new, good-paying tions. suppression and election subversion ef-
jobs in growing and emerging indus- Some of the same voices, ironically, forts taking place in Georgia and in
tries; to strengthen broadband across who have extolled Dr. King’s life this States and localities nationwide. It
our State; and more. I am thrilled to week have, at the same time, been doesn’t matter if your votes are prop-
fight for these priorities for Georgia working vigorously against the legisla- erly counted if you cannot cast your
because that is what Georgians sent me tion we are debating today to protect vote in the first place.
here to do, but they sent me with their the right to vote, and many of them And so, as I close, I want to appeal to
votes. have been channeling old States’ rights all of my colleagues on both sides of
How can we have productive con- arguments. the aisle, not just as a colleague but as
versations about the many issues af- Let the message go out. You cannot a pastor and as a man of faith. The
fecting the American people—about remember Martin Luther King, Jr., and American people have sent us here, and
lowering healthcare costs, about cre- dismember his legacy at the same history has summoned us to this mo-
ating good-paying jobs, about fighting time. You can argue whatever side you ment. We cannot hide. Whatever the
climate change, protecting reproduc- want, but you do not get to argue both outcome tonight, I still believe in us. I
tive healthcare—if politicians in States sides. I will not sit quietly while some believe in the U.S. I believe in us. I be-
get to cherry-pick their voters and the make Dr. King a victim of identity lieve that democracy is the political
people’s voices are squeezed out of theft. You do not get to offer praises enactment of a spiritual idea, that we
their democracy? How can we achieve and plaudits in memory of Dr. King are all children of God and therefore we
real consensus on the issues that mat- and then marshal the same kind of all ought to have a voice in the direc-
ter most if only some voters can be States’ rights arguments that were tion of our country and our destiny
heard? used against Dr. King and against the within it. I believe that a vote is a kind
Taking action to pass voting rights civil rights movement. of prayer for the world we desire for
legislation is not a policy argument; it Please know that as the pastor of Dr. ourselves and for our children and that
is about the democracy itself. Voting King’s church, this argument evokes, I our prayers are stronger when we pray
rights is how we address the deepening say really respectfully—it evokes— together.
divides in our country, by ensuring some of the darkest moments in our A young Martin Luther King, Jr.,
every eligible voter’s voice is heard. country’s long struggle for equality. struggled all those years ago, and he
We, as elected representatives, have an When the Supreme Court ruled that said: ‘‘History has thrust something
obligation to protect their voice. school segregation was unconstitu- upon me from which I cannot turn
So when it comes to the question of tional in Brown v. Board of Education, away.’’ Those of us who are students of
procedure and the filibuster, let me be after a century of Jim Crow laws, Ar- Dr. King—I know I have—often wonder:
clear: I believe that voting rights are kansas Governor Orval Fabus did not What would I have done if I were alive
more important than a procedural rule, argue that he supported segregation at during the civil rights movement? I
and if taking action requires a change all costs. He, instead, claimed that know we would all like to think that
in the rules, then it is time to change obeying the Brown decision amounted we, too, would have had just a small
the rules. to a ‘‘surrender’’ of ‘‘all our rights,’’ he fraction—just a fraction—of the cour-
When the times changed, we have al- said, ‘‘as citizens to an all powerful age that it took for John Lewis to
ways changed the rules—160 times. Federal autocracy.’’ cross that Edmund Pettus Bridge.
And as we consider the filibuster, the When Senator Strom Thurmond Well, for those of us who are fortu-
name of the Senator from West Vir- launched the longest filibuster in the nate enough to have served in the U.S.
ginia, Robert Byrd, inevitably comes United States, against a bill to protect Senate in this moment—in this moral
up. His is an important perspective, voting rights, he didn’t argue explicitly moment—we do not have to wonder.
but we shouldn’t quote him as if he is that Black people didn’t deserve to My God, he faced troopers on the other
Scripture. In fact, he didn’t always get vote. He, instead, claimed that it was side, crossing that bridge. We are talk-
it right. He said his greatest regret was ‘‘unlawful and unconstitutional’’ for ing about a procedural bridge. We don’t
filibustering the 1964 civil rights bill. Congress to regulate the elections of have to wonder what we would have
Robert Byrd learned from history. Will the States. done. I submit that what we would
we? And during the Senate’s 60-day de- have done back then we are doing right
As I continue on what may feel like bate on the Civil Rights Act of 1964, the now. History is watching us. Our chil-
a filibuster, some point to Senate pro- closing argument of the bill’s oppo- dren are counting on us. And I hope
cedure, while others recycle excuses we nents—led and articulated by Georgia that we will have the courage to do
heard before. But as the pastor of Ebe- Senator Richard B. Russell—was that what is right for our communities and
nezer Baptist Church, I also know that it would ‘‘strike down and destroy for our country, the courage to cross
all of these arguments against taking many rights and powers which, since this bridge, to do the hard work in this
the moral action we are called to take the foundation of our government have defining moral moment in America for
are distractions. properly belonged to several States.’’ the sake of the communities that sent
Consider this. There are some things Let’s be very clear about this legisla- us here in the first place—for the sake
you can do in this Chamber with just 51 tion. The States will continue to ad- of the planet, for the sake of
votes: confirm a Supreme Court nomi- minister their elections. And, of healthcare, for the sake of jobs, for the
nee, 51; pass trillions of dollars in in- course, States have certain rights. Do sake of being able to argue for the
vestments for our communities, 51; we genuinely believe that States have things that we care about—the courage
pass massive tax cuts, mainly for the a right to discriminate, to suppress, or to fight for one another.
richest of the rich, 51; confirm Cabinet to block access to ballot boxes for so I am still praying that we will cross
nominees, 51; raise the debt ceiling—we many Americans? that bridge, but, if not tonight, we will
found a way to do it the other week— Although we are 50 unique States, we come back again and again and again.
51. But it takes 60 votes to repair the are also united as one Republic, and I yield the floor.
ceiling of our democracy by passing what happens in one State can affect Mrs. FEINSTEIN. Madam Vice Presi-
voting rights legislation. us all. When we elect our U.S. Senators dent, I rise today in support of two im-
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I am left to conclude that if the issue and our U.S. Representatives, and portant voting rights bills the Senate
is important enough, the Senate feels when we elect the President, we must is now considering, the Freedom to
compelled to act. Well, let me say that represent all Americans; we need every Vote Act and the John Lewis Voting
I believe that the democracy is at least vote to count to maintain the integrity Rights Advancement Act.
as important as the economy. Re- of our democracy. And so we must do The Freedom to Vote Act would pro-
cently, many of our colleagues have ar- this work. tect access to the ballot by permitting
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S335
all voters to vote by mail, providing a become all too easy for either party to are finding new and insidious ways to
minimum of 15 days of early in-person block action on important legislation. make it harder to cast ballots. Why
voting for Federal elections, and allow- Blocking debate or preventing votes is else would they oppose secure, effec-
ing same-day voter registration at poll- as easy as denying requests for unani- tive, verifiable mail-in ballots? What
ing places. The bill would also protect mous consent; Senators don’t even other reason is there for curtailing
nonpartisan election officials from in- have to enter into debate or explain early voting and weekend voting?
terference and intimidation and end their opposition to a measure. These regressive new laws sprouting up
partisan gerrymandering of congres- Having been in the Senate since 1992 across the country are clearly meant
sional districts. and seen important legislation pass to discourage voters, particularly peo-
The John Lewis Voting Rights Ad- this body, I have resisted calls to ple of color, young people, people with
vancement Act would restore the Vot- change the Senate rules and to limit disabilities, and the working class.
ing Rights Act of 1965 by allowing the the rights of the minority. But the That is not just malicious; it is an as-
Justice Department to prevent dis- Senate filibuster, which was intended sault on America’s ideals.
criminatory State voting laws from to be a tool to promote bipartisanship, In this moment of crisis, only Con-
taking effect. has become a tool to stop almost any gress can step in to repair the breach
The need for Federal legislation to major legislation. by passing the Freedom to Vote: John
protect the sacred and fundamental When Americans thinks about the fil- R. Lewis Act. We cannot wait for oth-
right to vote is clear. Over the last ibuster, many recall the image of ers to act. Chief Justice Roberts ruled
year, we have witnessed a disturbing Jimmy Stewart in ‘‘Mr. Smith Goes to that Congress needs to change the Vot-
increase in efforts by State legislatures Washington,’’ speaking on the Senate ing Rights Act to preserve its protec-
across the country to make it harder floor, actively debating a piece of legis- tions for millions of Americans.
for eligible voters to access and cast lation and explaining their support or At the State level, at least 19 States
their ballots. opposition. It is time that we return to passed laws restricting access to voting
Last year, legislators in 49 States in- that tradition of debate and not use in 2021, and a number of States have
troduced more than 440 bills that would the filibuster to prevent us from even begun to allow partisan actors to inter-
make it harder to vote and easier for talking about a bill. fere with election processes or even re-
improper, partisan interference in our If my Republican colleagues want to ject election results entirely. Blatant
election processes. At least 34 of these block this voting rights legislation, I gerrymandering is diluting the voice of
restrictive bills have become law in 19 believe they should have to stand on minorities and election procedures are
States. the Senate floor and explain to the being tampered with as nonpartisan
For example, one new law in Georgia American people why that is the case, safeguards fall to the wayside.
gives the partisan State election even as the right to vote is under at- In the face of this dire onslaught
board—composed of members ap- tack in statehouses across the country. against our democracy, the Constitu-
As representatives of the American
pointed by the majority party of the tion is clear that Congress has both the
people, we should be fighting to protect
State legislature—the authority to power and the responsibility to restore
the fundamental right to vote, not
take over election administration from the protections of the Voting Rights
standing in the way of it. It should
the existing nonpartisan county boards Act and to ensure greater election in-
never be a legislator’s goal to make it
of elections that have historically been tegrity in our country.
harder for eligible voters to cast their And this isn’t a case of so-called red
responsible for conducting elections.
ballots. States and blue States. Every State
Another example is a new law in We cannot wait any longer. It is time
Iowa that makes it harder for Ameri- needs to do more to preserve access to
for Congress to do the job the Constitu-
cans with disabilities to vote by re- the ballot box, and the bill before us
tion gave us: To ensure that the right
stricting access to absentee ballots and to vote is protected. ensures that Federal elections in every
restricting who is allowed to help vot- Mr. REED. Madam Vice President, State will be more secure and more ac-
ers with disabilities return their bal- the right to vote is sacred, the heart of cessible to voters. It sets standards
lots. any democracy. And in a proud, though that every State can meet and provides
And across the country in red and painful tradition, successive genera- the resources for them to do so.
blue States alike, State legislators are tions of Americans have fought to ex- Considering the magnitude and ur-
engaging in partisan gerrymandering, pand and protect that right and ensure gency of the need for election reforms,
strategically redrawing congressional that we as a country live up to our I am dismayed by Republicans who
and State legislative maps to prevent democratic ideals. Many risked their have spent months blockading a discus-
some voters from fully participating in safety and even gave their lives in the sion of these bills on the Senate floor
the political process by diluting the fight for the right to vote. From Fred- while also refusing to negotiate over
power of their votes. erick Douglass to Lucy Burns, from Dr. any specifics.
This partisan gerrymandering, in ef- Martin Luther King, Jr., to John Sadly, we have been here before. In
fect, allows elected officials to choose Lewis, and countless other unnamed 1890, then-Representative Henry Cabot
their voters rather than allowing vot- and unknown patriots, Americans have Lodge introduced a Federal elections
ers to choose their elected officials. long taken it upon themselves to make bill that would reinforce the 15th
This allows one party to design maps their Union more perfect. Amendment and combat the wave of
that give it a disproportionate edge in It is because of the sacrifice and laws disenfranchising Black voters in
State legislatures and delegations in unyielding activism of those brave the South. Though it passed the House,
the House of Representatives. It also Americans that the 14th, 15th, 19th, a weeklong Senate filibuster by South-
has an outsized impact on minority 23rd, 24th, and 26th Amendments were ern Democrats and some Western Re-
communities, who all too often see ratified; the Indian Citizenship Act was publicans led to the defeat of the legis-
their votes diluted when maps are passed; the Chinese Exclusion Act was lation in 1891. Imagine—where would
drawn to minimize their voting clout. repealed; and in 1965, the landmark leg- we be if voting rights legislation had
The right to vote is a cornerstone of islation of the Voting Rights Act was existed in the 1890s instead of having to
our democracy, enshrined in our Con- enacted. That transformative law, wait until 1965? How many thousands
stitution. And the Constitution also along with its bipartisan renewals over of lynchings that took place in those 75
makes clear that it is the duty of Con- the following decades, helped set us on years may have been avoided if Black
gress to ensure that the fundamental a path to representation across the Na- voters could have had a voice in who
right to vote is protected. tion that better reflected the diversity was their sheriff, their judge, their
ctelli on DSK11ZRN23PROD with SENATE
Sadly, this legislation has become a of the American people and better en- mayor, their Representative, their Sen-
partisan issue, even though voting sured the right to vote. ator, their President? How many gen-
rights has traditionally passed the Sen- We cannot allow these hard-earned erations of Black children would have
ate by a strong bipartisan majority and advances to be reversed. had running water, proper books, and
been signed into law by Presidents of Yet, as we speak, instead of pre- qualified teachers in their school-
both parties. In today’s Senate, it has serving the right to vote, Republicans houses?
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S336 CONGRESSIONAL RECORD — SENATE January 19, 2022
I hope and believe that history will vancement Act would mean saying yes Colleagues, our voting laws reflect
not repeat itself in such a gruesome to basic, commonsense standards for what we believe about who should have
fashion. But I do believe that the im- free and fair elections; safeguarding a voice in this country. They tell us
pact of the current disenfranchisement our constitutional right to choose our who we are.
will be felt acutely in minority com- own representatives; and going after When Republican State legislatures
munities, by seniors and those with dark money in our politics. limit voting hours, close polling places
disabilities, and among young people. Failing to pass these bills means we in Black neighborhoods, and restrict
Without a voice, their legitimate will continue to allow Republican early and absentee voting, they seek to
claims for opportunity and equality State legislatures to undermine our de- silence some voices: young people, vot-
will be muted, and huge discrepancies mocracy by suppressing some people’s ers of color, and voters in poor neigh-
in income, education, and opportunity access to their constitutional right to borhoods. When Republicans narrow
will be perpetuated. vote, based on who they are, where the window when people can vote, they
We have tried negotiating with the they live, and whether they are likely make it harder for some folks to exer-
other side. We have offered an open de- to vote Republican. cise their right to vote—people with
bate to the other side. We have held Today on the Senate floor, not a sin- multiple jobs or irregular schedules,
hearings and taken to the floor to out- gle Republican Senator is willing to people with childcare or transportation
line the dangers of these State voting join us Democrats in support of the challenges, seniors, people with disabil-
changes to our democracy, but the Freedom to Vote Act and these com- ities, and anyone who can’t afford to
other side continues to say ‘‘no’’ to a monsense standards for free and fair wait in an hours-long line at their poll-
debate and ‘‘no’’ to a vote. elections. This is a tragedy. ing place.
While many of my colleagues on the I have been listening to their argu- We cannot ignore—or pretend not to
other side voted to certify the 2020 ments, and to be honest, they just see—the line connecting these dis-
election and some even voted to im- don’t hold water. Republicans argue criminatory State laws and the dark
peach the former President for his role that the Freedom to Vote Act is a history of Jim Crow, our country’s leg-
in the January 6 assault on the Capitol, ‘‘Federal takeover of elections,’’ or a acy of denying some people, as my col-
by blocking this bill, they are abetting power grab. This is ridiculous. league Reverend WARNOCK says, their
the former President and his unelected The Freedom to Vote Act preserves constitutional rights.
media allies in spreading the lie that States’ constitutional right to pre- If we want to make more voices
an election that brought more Repub- scribe the ‘‘times, places, and manner heard, we know what to do. My home
licans to the House of Representatives of holding elections,’’ while ensuring State of Minnesota consistently has
was somehow ‘‘stolen.’’ That claim was that elections must meet basic stand- the highest voter turnout in the Na-
false then, and it is false now. ards that allow Americans to exercise tion. This happens because we have
In allowing falsehoods about the elec- their right to vote and to have their strong voting laws that empower peo-
tion results of 2020 to proliferate, in votes counted, free from discrimina- ple to make their voices heard while
celebrating and minimizing the horrors tion. keeping our elections safe and secure.
of January 6, Republicans have chosen Congress shares the constitutional We have online and same-day voter
a path of seeking short-term wins, not responsibility for preserving our free registration, vote-by-mail and early
realizing that when democracy loses, and fair elections; article I, section 4, voting, and voters have the right to
we all lose. says that, ‘‘Congress may at any time take time off of work to vote in all
I have a deep respect for Senate rules
by Law make or alter such Regula- State and Federal elections. We have
and precedent, and I have a strong
tions.’’ Furthermore, the 15th, 19th, paper ballots to ensure election integ-
skepticism when I hear suggestions of
and 26th Amendments require that we rity. These policies work to expand bal-
changing those rules. I know that what
ensure that the right of our citizens to lot access and improve voter turnout.
goes around can come around, so what
vote shall not be denied or abridged on The Freedom to Vote Act would imple-
may seem beneficial in the moment
account of race, color, sex, or age. ment many of them as minimum na-
can become deeply detrimental in the
These State laws that Republican tional standards.
future.
The filibuster has its place, but at a legislatures are passing are clearly dis- So why are Republicans united in
certain point, the right of every eligi- criminatory to young voters, Black their opposition to this bill? The sim-
ble American to exercise their right to and Latino voters, and Native voters. plest answer is they believe they can’t
vote takes precedence because you can- Countless studies have shown that win if more people’s voices are heard
not have a democracy if your citizens these folks are more likely than White and counted.
cannot vote. It is that simple. voters to be affected by voter purges, In Georgia in 2020, when Senate
For that existential reason, I will polling place closures, the restriction Democrats saw voters waiting up to 10
vote to change the rules for the pur- of early voting, and strict photo ID re- hours to cast their votes and Black
poses of this bill and enforce rule XIX quirements. This isn’t an accident or a voters waiting much longer than White
so that Senators must actually take to coincidence. It is the point. voters, we wrote a bill that would ex-
the floor and make their case to the Our job, our constitutional responsi- pand access to early voting, vote-by-
American people rather than hide be- bility, is to protect against discrimina- mail, and make election day a Federal
hind procedure when it comes to voting tion just like this. Passing this bill holiday. Republican State legislators
rights. isn’t Federal overreach; it is our job. in Georgia saw the same thing and
Our future as a democracy depends Now, Republicans also argue that passed a law to make it a crime to give
on the willingness of this body to do their voter suppression techniques food or water to voters waiting in line,
the right thing and protect voting aren’t actually oppressive or discrimi- remove drop boxes, and restrict voting
rights by passing the Freedom to Vote: natory; they are designed to root out by mail. For the past several years, Re-
John R. Lewis Act. I implore my col- voter fraud. This is not only factually publicans have engaged in a coordi-
leagues: Let’s do the right thing, and inaccurate—there is no evidence of nated strategy of voter suppression.
let’s do it now. widespread voter fraud—it is offensive. According to the Brennan Center, in
Ms. SMITH. Madam Vice President, I In Ohio, voters in Democratic-lean- 2021 alone, 19 States passed over 30 laws
rise today with my Democratic col- ing neighborhoods were purged from restricting voting rights.
leagues in support of one fundamental the voter rolls at twice the rate as in Today in the Senate, every single
idea, the cornerstone of our democracy: Republican neighborhoods. In Georgia, Democrat is united in our effort to pro-
that every eligible citizen of this coun- a 2018 voter roll purge removed over tect people’s right to vote. And today,
ctelli on DSK11ZRN23PROD with SENATE
try has the right to vote and have their 50,000 voters. Over 80 percent of them all 50 Republicans will block passage of
vote counted. were people of color. Other States, like this voting rights legislation.
Cut to the chase, and that is what Texas, have instituted draconian voter We may lose this battle today, which
this about. ID laws that disproportionately burden is heartbreaking. It is maddening that
Passing the Freedom to Vote Act and Black and Latino voters. This is a real a majority of U.S. Senators, rep-
the John Lewis Voting Rights Ad- problem, not a fake problem. resenting 41 million more people than
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S337
our Republican colleagues, cannot pass kind of watching individual Senators were the most secure in the history of
a bill to make critical election reforms and trying to figure out how they got the world. Both parties alleged that at
that are supported by strong majorities here. And with only a couple of excep- one point.
of Americans, all because of an arcane tions, I could figure it out: that unique Now, we need to have this bill be-
Senate rule. That is just not right, and ability to communicate or to explain cause some States are passing legisla-
it is long past time to fix it. In a de- things in a way that people understood tion that in most cases looks at the
mocracy, after the debate is done, a them or to appear to just know more real outreach that they appropriately
majority of the people decide. That is than other people knew about things did for the pandemic, and thinking in
how it works in township meetings, in that people knew Senators need to 2021 that the pandemic was over, think-
city halls and county board meetings, know about. And I was reminded again ing, what do we want to keep from
in State legislatures, and that is how it of the tragedy of how little we use that what we did in that outreach, and what
should work in the U.S. Senate. collective talent. do we want to decide we should only do
But this fight won’t be over today. I There is absolutely no telling what during a pandemic?
have faith that, eventually, we will we could do if we would decide, as 100 I haven’t found very many places, if
win. I have faith, not because I believe people who figured out how to get to any, that couldn’t be easily explained,
in the inevitability of progress, but be- the U.S. Senate, how we would work like postal regulations and other
cause I have faith in the righteousness together and solve big problems. things, where the States have made
of this fight, and I have faith in our de- And I think we all know where we are changes and rolled back their pan-
mocracy. today. But I do hope, as Senator SCHU- demic outreach, where they don’t have
Dr. King taught us that progress is MER mentioned, that we listen to each more opportunities to vote now than
not a straight line. The story of change other as people express different views. they had in 2018, the last election be-
in this country, more often than not, is Certainly, the Senate would be a better fore they should have done extraor-
a story of people practicing their civic place if we spent more time on the dinary things.
faith through defeat, people doing the floor listening to each other and talk- Actually, one lesson we probably
work despite not having the votes, peo- ing to each other. taught State legislators here is, don’t
ple who keep putting one foot in front Now, on this bill, I think we all know do anything to try to amend an imme-
of the other because they believe they where we are headed. In my view, hav- diate moment because if you try to
ing watched election legislation for a undo it when that moment has passed,
will reach their destination, even if
long time, it seems to me this is just you will get on what Senator
they can’t quite see the path to get
another version of an election bill in- LANKFORD described as the ‘‘bad list.’’
there. I am honored to walk that path
troduced by Democrats. There is not He also did a pretty good job explain-
with the thousands of organizers, ac-
much new in this bill. Both the Rules ing that a lot of States that weren’t on
tivists, and voters who share that civic
Committee, where I serve, and the Sen- the bad list don’t have nearly the op-
faith.
ate have already rejected this Federal portunities to vote as the States that
I urge my colleagues to vote yes on
are on the bad list.
the Freedom to Vote Act and the John takeover of elections several times this
I was an election official for about 20
Lewis Voting Rights Advancement Act. year.
years, including the secretary of state
The VICE PRESIDENT. The majority Now, many of my friends on the
for a good part of that time, and I al-
leader. other side said: Well, why wouldn’t Re-
ways thought that the diversity of the
Mr. SCHUMER. Madam President, publicans just want to debate this bill?
system was one of the strengths of the
just for a minute, I want to first salute I don’t think anybody said: Why
system. I thought, as President Obama
the amazing speeches by our two Sen- wouldn’t the Republicans want to
did in 2016, that the diversity of the
ators from Georgia—Georgia, which amend this bill—because there was no
system made it really hard for out-
has been the crucible in our fight for opportunity to do that.
We have been on the bill now for sev- siders or insiders to figure out how
voting rights, where the attempts to they could rig a national election. I
curtail voting rights seem most per- eral days. We got on the bill. It was a
still think that.
nicious. To both of you, your erudition, fairly crafty way to get on the bill,
This bill undermines, really, a lot of
your eloquence, your passion were with a 51-vote vote. It is fine with me State voter laws that are pretty pop-
amazing. to be on the bill. But our friends on the ular with voters, and we have seen that
And I want to salute our Republican other side decided there would be no expressed even in recent elections in
colleagues who listened to the speech- amendments on this bill. And I think like New York City. Prohibiting voter
es, and hope that those who weren’t Republicans, from the very start, identification for mail-in ballots would
here will get a chance to review those sensed that this would be a bill where be one of the things that you wouldn’t
speeches as well. we would get a ‘‘yes’’ or ‘‘no’’ vote on want to do. If you wanted to have mail-
UNANIMOUS CONSENT AGREEMENT a bill that really would dramatically in ballots, you would want to be sure
Madam President, now, I ask unani- change how we pursue elections. where those came from. Frankly, you
mous consent that the mandatory Now, while it has a new name—it is would want to have an objective stand-
quorum call with respect to the pend- more than 700 pages—it is nearly iden- ard, like your voter ID number or some
ing cloture motion be waived. tical to the Freedom to Vote Act. It is other number that was uniquely yours,
The VICE PRESIDENT. Without ob- substantially the same as the two rather than a subjective standard, like
jection, it is so ordered. versions that couldn’t get 50 on that how you signed your name when you
Mr. SCHUMER. I ask unanimous con- side, S. 1; very similar to the Senate were 18 as opposed to how you are sign-
sent that the following Senators be bill, H.R. 1; and very similar, frankly, ing your name when you are 68. That
permitted to complete their remarks to the election bills that I have been was one of the changes, by the way, in
prior to the scheduled vote: Senator watching for 20 years. And there has al- the Georgia law, which should have
BLUNT, Senator KLOBUCHAR, Senator ways been a different reason to do helped more people than not.
SCHUMER. about the same Democrat-sponsored This bill retains S. 1’s mandate on
The VICE PRESIDENT. Without ob- bill in the House and Senate. After ballot drop boxes and federalizes rules
jection, it is so ordered. 2020, the reason was, well, the equip- for redistricting. I think it chills free
The Senator from Missouri. ment is too faulty, and we have got to speech and requires felon voting. Now,
Mr. BLUNT. Madam President, I have more Federal control of what hap- why would anybody want to be against
have been on the floor most of the day pens in the States. After 2016, the rea- any of those things? There are reasons,
today, and I think I heard virtually son to have a massive election bill was, frankly, to be against all of those
ctelli on DSK11ZRN23PROD with SENATE
every speech given. I was reminded well, there is just not enough security things, but States make that decision
again, as the day went on, of really the in State elections, and the Federal for themselves, and in some States, it
broad-based talent of people in the Government has to intervene in some may work very well, and in others, it
Senate. major way. After 2020, even though the might not.
I spent some time, a couple of years Federal Government didn’t intervene Of the top sweeping election adminis-
ago, over the course of about 6 months, in a major way, suddenly the elections tration changes in this bill, the S. 1
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S338 CONGRESSIONAL RECORD — SENATE January 19, 2022
policies in this bill disrupt State ef- than a handful of years ago—how criti- Senator BLUNT on this. We spent a lot
forts to maintain accurate voter rolls. cally important it was that those rules of time making changes to that bill
Now, accurate voter rolls were seen as never be changed. over the year. We have made many
one of the great progressive moves for- You know, if Democrats eliminate changes in response to concerns from
ward so you would have some sense the 60-vote rule for election legislation, secretaries of state and local election
that the people who voted on election there will soon be no filibuster left. officials all across this country.
day were actually people who were sup- Today, it would be a carve-out for I also thank the Vice President and
posed to vote, and it is also important the election administration. Three or the President for your leadership.
to vote in that district. If you just vote four weeks ago, it was a carve-out for Since this country’s founding when
anywhere, and your legislative district raising the debt limit. The next carve- brave patriots rose up and ultimately
where you should have voted was de- out would be for whatever seems to be established a country in the name of
cided by four or five votes and you important that day. ‘‘we the people,’’ America has been a
were one of those four or five, sud- The carve-out won’t work. I don’t shining beacon for the world, a touch-
denly, that is a bit of a disservice to think anybody here believes that any stone for democracy.
everybody else. longer. This would be the first step in We travel the world as Senators, as
The bill would send Federal money to just eliminating an important distinc- Senators SHAHEEN and PORTMAN and I
campaign coffers at the rate of 6 Fed- tion that makes the Senate a place and several of our Democratic and Re-
eral dollars for every dollar raised. It where we have to think about what we publican colleagues did just this week-
even goes so far as to add a second pub- do. It eliminates some of the chaos end. When we went to decry dictators
lic financing program that would give that occurs when you have a party and bullies who attempt to undermine
people $25 in Federal funds to con- change. democracies, as Vladimir Putin is
tribute to House candidates. Now, this In the past two decades, a single doing in Ukraine, we were proud on
6-to-1 match is only for House can- party has controlled both Chambers of that trip to wear lapel pins with the
didates. That may not be what the the Congress and the Presidency four Ukrainian flag on one side and the U.S.
final bill would say if we passed this times, alternating between Democrats flag on the other. We are proud of our
bill, but it is only for House candidates and Republicans. The Senate is what democracy, and that democracy is fun-
has kept the country from wildly going damentally based on the freedom to
now. And, of course, this Federal
from one direction back to the other. vote.
money would be eligible to be matched
Over the years, we made improve-
by 6 to 1 other Federal dollars. That is We don’t want to lose that. It would be
ments to address wrongs that kept too
a pretty good deal. You give somebody a disaster for our citizens, a disaster
many Americans from joining in the
25 Federal dollars, and it could be for our economy. Having that sense of
rights on which our Nation was found-
matched with 6 to 1 other Federal dol- having to think about this just a little
ed. But for generation after generation,
lars. bit before you head in another direc-
Americans have believed truly in our
This bill sets up a framework that tion is what the Senate is all about.
country’s founding promise. They
would result in, I think, every congres- I certainly hope my colleagues today
fought for it, and they died for it.
sional district map likely to be drawn will not pass this Federal takeover of We are here today against that back-
by Federal courts. How many maps election laws and will also resist the drop of history, at a time when our de-
have we seen this time that were drawn temptation to change the rules of the mocracy is facing a new wave of threat,
by new improvements that the States Senate. a flood that has surged up since the
made that didn’t turn out to be, one, I yield the floor. 2020 elections, when more Americans
any better than the old maps and, two, The VICE PRESIDENT. The Senator
cast a ballot than ever before as a pan-
wound up being drawn by judges? from Minnesota.
demic raged. It is up to us to turn back
The John Lewis Voting Rights Act— Ms. KLOBUCHAR. Madam Vice
that tide and to preserve the right that
he was a friend of mine. I served with President, I rise today after hearing
lies at the bedrock of our system of
him. I traveled with him. I laughed from my friend Senator BLUNT. I re-
government.
with him. I liked him a lot. I admired member on January 6, as all of you do Again, I disagree with Senator BLUNT
him a lot. The Voting Rights Act was that day, when he and I and Vice Presi- about what has been going on. I look at
12 pages when it was introduced in 1965. dent Pence and two young women with the law that was passed in Montana
The John Lewis Voting Rights provi- the mahogany box filled with the last that Senator TESTER described. That
sions here have a great name, but they of the ballots—up to Wyoming—took was set in place for 15 years for same-
are 120 pages. I voted to extend the that long walk through the shattered day registration in the State of Mon-
Voting Rights Act, and I would do it glass, the spray-painted statues, and tana—15 years. In the last election,
again, and I would be proud to do it if we did our jobs. I will be forever grate- 8,000 people took advantage of it on
it was named for John Lewis. But 735 ful for what he did that night and what election day, either newly registering
pages, and saying that if we don’t vote so many people in this Chamber did. to vote or changing their address be-
for that 735 pages, somehow we are op- But, for me, it didn’t end that night cause they moved. It was just taken
posed to the Voting Rights Act or op- because, sadly, what wasn’t accom- away from them with what one court
posed to the heroism of John Lewis? I plished by the people who rifled described for another law years ago in
don’t think so. through these desks and got up on that North Carolina as ‘‘surgical precision.’’
Since it doesn’t have the support to dais, Madam Vice President; what You look at what our friends Senator
pass under the current Senate rules, wasn’t accomplished with bear spray; OSSOFF and Senator WARNOCK have de-
the next thing we will do is attempt to what wasn’t accomplished with the scribed has happened in Georgia, where
really gut the legislative filibuster to bayonets—and I still remember the 70,000 people registered during that last
force it through. blood on the officers’ faces—sadly has week of the election in the runoff pe-
My Republican colleagues have spo- continued on. riod—70,000 people in the last election.
ken at length about the consequences The votes that we took that night That has been stripped away, passed
of doing that, as have Senator MANCHIN were important, but the votes that the into law that that cannot happen
and Senator SINEMA just the other day. people of this country take in every again.
The justification rests on really a nar- election are just as important. That is The Founding Fathers knew that our
row basis that somehow the protection why, when you look at the Freedom to democracy would face obstacles. A lot
of the minority no longer matters. Vote: John R. Lewis Act, you have to of people have been quoting them. I
The danger of overturning 200 years understand what it is grounded in, and will quote this one from Samuel
ctelli on DSK11ZRN23PROD with SENATE
of election administration by the that is our belief in our democracy. Adams. He said this:
States—I am going to resist doing any I want to thank every single Member The liberties of our country . . . are worth
of the quotes this late in the day that of the Democratic caucus who has defending [at] all hazards. And it is our duty
you have heard over and over again of worked so hard to agree on this bill. I to defend them against all attacks.
our Democratic friends who just a cou- will say the voting rights groups, the When you have had over 9,000 threats
ple of years ago were saying—or less Rules Committee—and I do differ from against Members of Congress in just
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S339
the last year—double, triple what we jority, State by State by State—a sim- should be passed by this Chamber as
have seen before—I don’t see that walk ple majority. soon as possible.
we took, that really important walk— And then, as was noted by several of And if cloture is not invoked, we
that it all ended that day. When you my colleagues, after this Chamber has must change the rules of the Senate so
have local election officials across this established over 160 carve-outs, 160 we can pass these bills into law. As we
country being threatened and the processes in law to allow for a final cast our votes, I urge every one of us,
names of their kids and their homes vote without a 60-vote threshold— Democrat and Republican, not to dis-
put out on the internet, like the Re- whether it is for the debt ceiling, count our place in history. The story of
publican local election official in Sen- whether it is for the Bush tax cuts, American democracy is full of con-
ator CASEY’s home State of Pennsyl- whether it is for the Trump tax cuts, tradictions and halting progress.
vania—his house, his kids, with a whether it is for Justice Amy Coney At the time of our Constitution’s
threat that said: ‘‘Tell the Truth Or Barrett—51 votes—now we hear, at this ratification, you had to be in many
Your Three Kids Will Be Fatally very moment, that we must embrace States a White, male, Protestant land-
Shot’’—it is on all of us to uphold and this archaic rule that is not in the Con- owner to vote. But ever since the early
protect this democracy. stitution and did not exist when the days of this grand Republic, Americans
The Freedom to Vote: John R. Lewis Senate was founded. launched mighty movements, fought a
Act meets the challenges before us by And we are not even talking about bloody civil war, and, yes, passed Fed-
establishing basic Federal standards getting rid of this rule. We are simply eral election laws to expand the fran-
for our election, restoring and talking about restoring the Senate to chise until there were no more bound-
strengthening the Voting Rights Act, what it once was so we can have de- aries.
countering the power of secret money bates, and we can actually vote on bills Today’s vote is the next step in that
in our politics, and taking on new when those debates have concluded and long march. Are we going to let our de-
threats to our elections to ensure that when the speeches are exhausted. mocracy backslide in the 21st century?
every vote is properly counted. We are here because we took an oath Are we going to be dragged back into
And, again, let me read from the Con- to defend the Constitution as we did the abyss of voter suppression?
stitution from article I, section 4. That that night on January 6. We are here I urge every one of my colleagues,
clause empowers Congress to ‘‘make or because we know that the eyes of the left, right, and middle, for the sake of
alter’’ rules for Federal elections ‘‘at world are on us, watching to see if our democracy, unite, take a stand
any time’’—at any time. America will stand up and take on the today.
As Senator KAINE noted, that is the challenges of our time. To every Member of this body who
only time that ‘‘any time’’ is used in To paraphrase Dr. King, whose legacy treasures our precious experiment in
the Constitution, ‘‘at any time.’’ has been honored many, many times self-rule, to every Member horrified by
The word ‘‘filibuster’’ isn’t in this today, while there may be finite dis- the muck of voter suppression, and to
document. The word ‘‘cloture’’ isn’t in appointment in this country for so everyone who believes this Chamber is
this document. But it was anticipated many people every day, we must never still capable of defending democracy in
that Congress could and should be in- lose infinite hope. its hour of great need, I urge a ‘‘yes’’
volved in Federal elections when nec- We are not losing it. That, my vote.
essary. friends, is why we on the Democratic I yield the floor.
What brought us to the point today? side of the aisle are supporting this CLOTURE MOTION
We are here in the midst of a concerted bill. With history’s eyes on us and with The VICE PRESIDENT. Pursuant to
effort to stop people from exercising so much at stake, we must and we will rule XXII, the Chair lays before the
the most fundamental right in our de- fight on. Senate the pending cloture motion,
mocracy. Because, as Reverend I yield the floor. which the clerk will state.
Warnock has put so well, ‘‘some people The VICE PRESIDENT. The majority The legislative clerk read as follows:
don’t want some people to vote.’’ leader.
CLOTURE MOTION
We are here because the people of Mr. SCHUMER. Madam Vice Presi-
this country know what is going on. I dent, what kind of democracy shall en- We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
am talking about a veteran in Georgia dure here in the United States long
Standing Rules of the Senate, do hereby
who didn’t have to stand in line to after our times in this Chamber come move to bring to a close debate on the mo-
serve his country, but he had to—I met to an end? Shall American democracy tion to concur in the House amendment to
him myself. He had to stand in line in the 21st century be called a true heir the Senate amendment to H.R. 5746, a bill to
hours and hours and hours in the hot to our Framers’ vision—a nation where amend title 51, United States Code, to extend
Sun just to cast a ballot. the people choose their own leaders, the authority of the National Aeronautics
We are here because of those voters forge their own destiny, and add to the and Space Administration to enter into
in Wisconsin who stood in the rain, in great legacies of those who expanded leases of non-excess property of the Adminis-
tration.
homemade masks and garbage bags in the franchise before us or shall we see
Charles E. Schumer, Jacky Rosen, Cory
the beginning of a pandemic, just to ex- American democracy backslide in our A. Booker, Richard J. Durbin, Jack
ercise their right to vote. We are here time, grow feeble in the jaws of its ad- Reed, Amy Klobuchar, Jeff Merkley,
because of a voter in a wheelchair in versaries, and ultimately succumb to Tammy Duckworth, Robert Menendez,
Texas who traveled 3 hours on four the cancer of voter suppression? Chris Van Hollen, Richard Blumenthal,
buses just to vote; a woman in Mon- The answer, in a large sense, could Sheldon Whitehouse, Patty Murray,
tana who had open-heart surgery, un- depend on how we move forward this Benjamin L. Cardin, Elizabeth Warren,
certain about how to return her mail evening. As we have clearly laid out in Christopher Murphy, Ben Ray Luján.
ballot; a former election official from a over the past 2 days, the laws passed in The VICE PRESIDENT. By unani-
rural county was ousted by Repub- legislatures throughout the country do mous consent, the mandatory quorum
licans in the Georgia Legislature after nothing less than to discourage and call has been waived.
a decade of service; and a 92-year-old prevent certain kinds of Americans— The question is, Is it the sense of the
woman who was purged from the rolls Black and Brown Americans, young Senate that debate on the motion to
after voting in every election for dec- Americans, elderly Americans, low-in- concur in the House amendment to the
ades, since 1968. come Americans—from participating in Senate amendment to H.R. 5746, a bill
We are here because after a record the democratic process. to amend title 51, United States Code,
number of voters voted to make their My colleagues, my colleagues, we can to extend the authority of the National
ctelli on DSK11ZRN23PROD with SENATE
voices heard, there are people, sadly, begin to put a stop to these attacks to- Aeronautics and Space Administration
who are working in every State capitol night by voting to proceed to the final to enter into leases of non-excess prop-
to make sure it never happens again. passage of the Freedom to Vote Act erty of the Administration, shall be
And I note that for every one of these and the John Lewis Voting Rights Ad- brought to a close?
laws that have passed in 19 different vancement Act. These are good bills; The yeas and nays are mandatory
States, it has been with a simple ma- these are effective bills; and they under the rule.
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S340 CONGRESSIONAL RECORD — SENATE January 19, 2022
The clerk will call the roll. from all the players about the lineups parently, unapologetically in 2020, and
The senior assistant legislative clerk or the strategy of the team. The Sun- that is what he is telling us he is going
called the roll. day sermon at your church isn’t chosen to do in 2024. At some point, we just
[Rollcall Vote No. 9 Leg.] by an online poll of the congregation. have to believe what we see and what
YEAS—49 I love my kids, but they don’t get an we hear.
Baldwin Hickenlooper Reed equal say with me and my wife about And I appreciate Senator THUNE com-
Bennet Hirono Rosen the rules of our house. ing to the floor earlier today and tell-
Blumenthal Kaine Sanders When you look out over the long ing us that he believed Joe Biden won
Booker Kelly Schatz
Brown King
stretch of human history, it is no won- the election and that when he faced a
Shaheen
Cantwell Klobuchar Sinema
der that 99.9 percent of humans have close election, he submitted to the will
Cardin Leahy Smith lived under governments that were of the voters. But Senator THUNE is not
Carper Luján Stabenow monarchies or sultanates or autoc- the mainstream of the Republican
Casey Manchin
Coons Markey
Tester racies. Party today. In fact, those that believe
Van Hollen Since the beginning of time, human
Cortez Masto Menendez Joe Biden won the election in the Re-
Warner
Duckworth Merkley
Warnock
beings have preferred, have been natu- publican Party are the dead limbs of an
Durbin Murphy
Feinstein Murray Warren rally drawn to or maybe have been otherwise perfectly healthy tree. The
Gillibrand Ossoff Whitehouse trapped in hierarchal systems where trunk of that tree is Donald Trump and
Hassan Padilla Wyden the strong and the powerful make the MARJORIE TAYLOR GREENE and all
Heinrich Peters decisions for everyone else. those who believe that Joe Biden is an
NAYS—51 The idea that humans, both the weak illegitimate President. That is what 70
Barrasso Graham Portman and the powerful, the rich and the percent of Republicans believe today.
Blackburn Grassley Risch poor, should decide together, each per- If mainstream Republicans in this
Blunt Hagerty Romney son having equal weight, the course of body came to Connecticut and held a
Boozman Hawley Rounds
Braun Hoeven Rubio their Nation—this idea is revolu- rally, a dozen people would show up.
Burr Hyde-Smith Sasse tionary. MARJORIE TAYLOR GREENE came to my
Capito Inhofe Schumer There have been experiments over State and 3,000 Republicans came—
Cassidy Johnson Scott (FL) the course of world history, but no na-
Collins Kennedy Scott (SC)
more than I have ever seen show up for
Cornyn Lankford Shelby tion has sustained this idea longer a Republican, because that is the main-
Cotton Lee Sullivan than this one. In historical context, stream of the Republican Party.
Cramer Lummis Thune our democracy should be perceived as a Today, we are voting on a proposal to
Crapo Marshall Tillis
Cruz McConnell Toomey
tiny, fragile port in the middle of a change our rules so that we can protect
Daines Moran Tuberville raging storm, and none of us should be our democracy and the rules that have
Ernst Murkowski Wicker surprised that once in a while some stood for generations to assure that
Fischer Paul Young Americans, drawn to the old system of both parties continue to have a role in
The yeas and nays resulted—yeas 49, control by the strong and powerful, de- counting the votes. And while it feels
nays 51, as follows: cide that it is time to give up and sub- astonishing that not a single Repub-
(Mr. OSSOFF assumed the Chair.) mit to the battering winds. lican is going to join us today—not the
The VICE PRESIDENT. On this vote, That is the moment we are in today. Trump cheerleaders nor the sometimes
the yeas are 49, the nays are 51. Just in the last few days, former Presi- critics of the former President—maybe
Three-fifths of the Senators duly cho- dent Donald Trump, the leader of the it shouldn’t be that shocking, because
sen and sworn not having voted in the Republican Party and their likely can- of that natural state that billions of
affirmative, the motion is rejected. didate for President in 2024, once again, humans have defaulted to over the mil-
The majority leader. made clear his intent. lennium, the unelected rich and power-
MOTION TO RECONSIDER He said last week: ful being in charge of everything and
Mr. SCHUMER. Madam Vice Presi- We have to be a lot sharper the next time setting the rules for everyone else.
dent, I enter a motion to reconsider the when it comes to counting the votes. . . . It might square perfectly with Re-
failed cloture vote. Sometimes the vote counter is more impor- publicans’ agenda. For the last decade,
The VICE PRESIDENT. The motion tant than the candidate. the entire legislative agenda here,
is entered. The leader of the Republican Party when Republicans have been in charge,
The Senator from Connecticut. isn’t even trying to hide his agenda has been about giving more power,
(Mr. OSSOFF assumed the Chair.) any longer. State after State is chang- more money, more influence to the
Mr. MURPHY. Mr. President, as we ing the rules of who counts the votes so rich and powerful. They oppose Presi-
head toward the final hour of debate, I that only the allies of Donald Trump dent Biden’s agenda to give tax breaks
want to just bring us back about 20 feet can decide which votes count and to the poor and the middle class or to
to talk about the stakes that we are la- which votes don’t. cut profits for the drug companies, be-
boring under tonight. Now, much of the focus today, under- cause it empowers that agenda, often
I want to talk a little bit about the standably, has been on the unconscion- the weak and the powerless.
big picture of why this matters. able rules that limit the ability of poor Maybe Republicans aren’t fighting to
I know we have changed the rules 160 people or people of color to vote, and it protect democracy like Democrats are
times in the history of the Senate, but is heinous that Black voters have to because a reversion to a world where
I will submit that it is still an extraor- wait in lines that are two times or ten just the rich and powerful run the
dinary endeavor to ask our colleagues times longer than a White voter. But country just isn’t as scary to that side
to change the rules and traditions of democracy may actually collapse when of this body as it is to this side.
this body. Trump’s plan to rig the next count suc- I wish it weren’t up to us. I wish it
And so here is what I want to say: It ceeds in plain view for everybody to didn’t have to come to this. I wish it
is really important to remember that see. He broadcasts that in the next was not only Democrats that see the
democracy, this idea that every mem- election the vote counting will be more miracle of our fragile democracy, be-
ber of our country, every member of important than the quality of the can- cause the idea that a worker making
the community gets an equal say in didates. $12 an hour has just as much say in the
the rules that govern us, it is unnatu- Why? Because the plan is to install future of their country as the CEO
ral. Donald Trump as President, whether or making $12 million a year, it is revolu-
Why do I know this? Because I want not he actually wins the election, just tionary. It is unnatural. And it matters
ctelli on DSK11ZRN23PROD with SENATE
you to think of every organization in like he tried to do after the 2020 elec- more than anything, even the tradi-
your life that matters. Your work- tion. tions and the rules of the Senate.
place; it doesn’t give equal votes to Can anybody really deny that this is I yield the floor.
every employee as to the direction of the agenda? The PRESIDENT pro tempore. Who
the company. Think about your favor- Of course, that is what he is doing, seeks recognition?
ite sports team. There is not a vote because it is what he tried to do trans- The Senator from Maine.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S341
Mr. KING. Mr. President, I came here is what we are going to be voting on couldn’t trust the courts. They
9 years ago opposed to modifying the today. couldn’t trust the media. So they took
rules of the filibuster. Indeed, I signed And, by the way, on bipartisanship, I the law into their own hands. And,
a letter a couple of years ago saying came here to seek bipartisanship. I am sadly, if this continues, we will have a
the same thing. I understand that it all about bipartisanship. But it strikes broad widespread loss of trust in our
can and probably will boomerang, that me as one of the deep ironies of this electoral process, and that is when de-
an elimination of the filibuster—what discussion that we are elevating bipar- mocracy starts to fall apart.
is today’s annoying obstruction could tisanship in this body to this exalted Finally—my wife says I say ‘‘finally’’
be tomorrow’s priceless shield. I get position while these laws are being too much and it gets people’s hopes up.
that. passed entirely on a partisan basis in Finally, there are some deeper con-
I understand that it can also be a all these States across the country. I stitutional issues here. The Framers
spur to bipartisanship. We all saw that guess bipartisanship is an important knew fractions. They said it takes two-
several years ago in the CARES Act. principle in Washington, but in Atlanta thirds to pass a treaty. It takes two-
The Republican leader submitted a bill. and Austin, not so much. I don’t get thirds to impeach a President. It takes
It was voted down on a filibuster ini- that. I think that is one of the real iro- two-thirds to pass a constitutional
tially, and then there ensued a series of nies of this situation. amendment. It takes three-quarters of
negotiations that improved the bill and So, ANGUS, if you came here opposed the States to pass a constitutional
made it a bipartisan bill that passed 9 years ago, why are you changing amendment. They knew fractions.
this body unanimously. now? Because what we are talking They didn’t apply any fractions when
The problem is, if it is being used as about today isn’t policy; it is struc- they talked about the passage of legis-
a spur to bipartisan discussions, that ture. It is our democracy itself. lation. Why not? Because they knew it
works. We saw it work with the CARES Policy can change. If they don’t like would be a disaster to have a super-
Act. But if it is used simply to stop the policy we pass, they can kick us majority requirement in one of the
something, in other words, if one side out and vote other people in. If we Houses of the national legislature.
or the other just doesn’t even want to change the structure that diminishes How do I know that? Because Madi-
talk about the subject, what you are the right of people to vote, it is not son and Hamilton said it explicitly in
talking about is stone cold obstruction, self-correcting anymore. The system Federalist 22 by Hamilton, Federalist
and that is where we are today. itself is being compromised. That is 58 by Madison. Madison said:
Unfortunately, part of this body just what we have to talk about. The fundamental principle of free govern-
doesn’t want to talk about the issue of And we are not only talking. All of ment [if you have a supermajority require-
voting rights. How do I know that? Be- the discussion or most of the discus- ment] would be reversed. It would be no
cause we brought up a motion to pro- sion today has been about voter sup- longer the majority that would rule: the
ceed three times, and it was voted pression. There is also what I call voter power would be transferred to the minority.
down three times—a motion to proceed subversion—purging the officials in You can’t have it both ways. It is ei-
to have a discussion about this issue. charge of elections. ther majority rule or its minority rule,
The only reason we are having this de- This democracy, I would argue, was and the filibuster was not part of the
bate today is that the majority leader damn near saved by a guy named Brad Constitution. In fact, they expressly
found a rule that, frankly, I never Raffensperger in Georgia. They purged and explicitly rejected that idea of a
heard of that enabled us to bring this him—or they are going to. They have supermajority requirement. It flips de-
to the floor. It wasn’t because the already purged him out of the system, mocracy on its head.
other side said: Oh, let’s discuss voting and they are going to try to purge him I think we are at a hinge of history,
rights. Mr. President. I think we are at a
out of his job. That is happening. And
What we have now is not a filibuster.
we talk about giving people in the leg- hinge of history where our fragile ex-
It is a second cousin once removed of a
islature—a partisan legislature—the periment—and Senator MURPHY is
filibuster. It doesn’t require any effort.
ability to dismiss voting boards be- right, we are an anomaly in world his-
It doesn’t require any speeches. It
cause they don’t like what they did? tory. The norm is pharaohs and Kings
doesn’t require to hold the floor. All it
We are going to see more and more vot- and dictators, and now we call them
is is a dial-in, no-work filibuster.
ing boards, voting commissioners, cer- Presidents for life.
Strom Thurmond would have loved this
tification officials being purged be- And once people seize power, look at
filibuster. He wouldn’t have had to
cause they don’t want to get the re- what—and this isn’t an academic dis-
stand here for 24 hours. And I venture
sults that they don’t agree with. cussion. This has happened in Hungary,
to say that if we had the rules that we
The other problem here that really in Turkey, and Venezuela—in Russia.
have today, we wouldn’t have the Vot-
worries me about our democracy is It has happened right in our personal
ing Rights Act and the Civil Rights
Act, because it was too easy to stop that the former President’s efforts to experiences. It can happen here, and it
anything. undermine confidence in our elections starts with undermining free and fair
That is the problem. We don’t really have already convinced two-thirds of elections.
have a filibuster. The real radical one of our great political parties that In the winter of 1891, the House
change in the filibuster rule was in the elections were illegitimate and passed a protection act for Black vot-
1975, when they wanted to go from two- were rigged. Two-thirds of one of our ers in the South. The bill was to deal
thirds of those present voting to 60 great political parties now believes with the egregious voter suppression
votes, but, inadvertently, we created that. that was then sweeping the South in
the no-effort filibuster, and that is If these laws that are happening the wake of the Civil War. The bill
what we have now. across the country—and they are going came here and died due to a filibuster.
I would submit that a talking fili- to continue happening. By the way, if That filibuster echoed in this country
buster, which is what we are going to we give them a pass today, it is Katy, for 75 years. It took 75 years to correct
be proposing in a few minutes, would bar the door, over the next 6 months. the mistake that this body made with
be the real spur to bipartisanship be- Then you are going to disillusion and that filibuster in the winter of 1891.
cause everybody would want to get it anger and loss of trust among two- We are not talking about abolishing
over with. The minority would want to thirds of the Democratic Party and the filibuster. We are not talking about
get it over with, and the majority Independents, and you are going to a carve-out. We are talking about al-
would want to get it over with, and get have widespread distrust of elections as lowing this body—requiring this body—
to a point where there would be discus- the way we solve our problems in this to debate, to argue, to make their ar-
ctelli on DSK11ZRN23PROD with SENATE
sion. And I believe, listening to the de- country. And if you can’t trust elec- guments as long as it takes, and then,
bate today, based upon the discussion tions, what do you do? at the end, when the debate is ex-
today, that I think there may be some I would submit that we saw it on hausted, when all of us have had the
areas where we can find agreement. January 6. Those people had been told opportunity to speak twice, then we
The real spur to bipartisanship would that something was stolen from them, have a vote, and we pass legislation on
be to return to the old filibuster. This and they couldn’t trust elections. They the same basis that it has always been
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S342 CONGRESSIONAL RECORD — SENATE January 19, 2022
passed—by a majority. Cloture has there is an awareness that you can’t minding the Senator that we have a
nothing to do with the passage of legis- get 60 votes to terminate debate. So, rule in the Senate, rule XIX, which
lation. It has always been by a major- instead of trying to change the rule prohibits the impunity, the integrity,
ity. about terminating debate—which, as or the motives of other Senators—and
I pray that we don’t look back on my colleague Senator MANCHIN pointed not just one Senator in this case but
this day and realize the level of the out, to terminate debate has always re- four Senators.
mistake that they made in 1891. quired more than a simple majority— So let there be no mistake about it,
Abraham Lincoln’s words ring today we are going to restore actually having I do support the Voting Rights Act of
as they did when he came to this body debate, and when debate is finished, 1965. I supported the Voting Rights Act
in December of 1862. the rules of this Senate have always of 2006, as did every one of my col-
He said: been, when debate is finished, even leagues who was mentioned by Senator
Fellow-citizens, we cannot escape history. after a long time, passage is by a sim- OSSOFF this evening, and I think it is
We of this Congress and this administration, ple majority. sad that he implied otherwise about
will be remembered in spite of ourselves. No Our proposal is to restore a talking our support for such important civil
personal significance, or insignificance, can filibuster, which has been the history rights legislation.
spare one another of us. The fiery trial of this Senate over the vast majority of I yield the floor.
through which we pass, will light us down, in The PRESIDENT pro tempore. The
our history, and to make a simple
honor or dishonor, to the latest generation.
change to make it public rather than Senator from Georgia.
‘‘The fiery trial through which we secret so that our colleagues and the Mr. OSSOFF. Mr. President, briefly,
pass, will light us down, in honor or American public can understand and in responding to the comments from
dishonor, to the latest generation.’’ then hold us accountable for our ac- Senator COLLINS from Maine—a Sen-
I yield the floor. tions. ator for whom I have great respect and
The PRESIDENT pro tempore. The With that, I yield the floor. whose reputation for bipartisanship,
Senator from Virginia. The PRESIDENT pro tempore. The for substance, and for a thoughtful
Mr. KAINE. Mr. President, I am glad Senator from Maine. statespersonlike and patriotic ap-
that a number of my Republican col- Ms. COLLINS. Mr. President, first, proach to legislation precedes her—
leagues are in the Chamber because I let me say that I appreciate the sin- what I was referring to, Senator COL-
am going to speak very briefly just to cerity of the Senator from Virginia— LINS, was the legislation that the Sen-
reassure you that I am not so immod- my friend Senator KAINE—and his com- ate took up earlier this year, which, in
est that I believe I am going to per- ments about the filibuster. I am not response to the Supreme Court’s invi-
suade you, but I do want to try to reas- going to repeat the speech that I gave tation to Congress after the Shelby
sure you. last week on the vital safeguards that County v. Holder decision, would have
We are going to take up a rules re- the filibuster provides to the minority updated the preclearance formulas that
form proposal that will not blow up the party in the U.S. Senate and why it govern section 4 and section 5 of the
Senate. We are going to take up a rules makes us the greatest deliberative Voting Rights Act of 1965 such that the
reform proposal that will not abolish body in the world. Department of Justice could continue
the filibuster, that will not weaken the Instead, since I have already talked to carry out its vital work of
filibuster. We are going to take up a on that issue, I feel compelled to re- preclearing changes to voting proce-
proposal that will show you, even if spond to comments that were made by dures in States and jurisdictions that
you are not persuaded, that we have Senator OSSOFF, the Senator from exhibit a history or a pattern of voter
been listening to you, that we have Georgia, earlier this evening, in which suppression.
been listening to all of our colleagues, he singled out four Republican Sen- That is an obligation that I believe
as we try to come up with a rules re- ators—Senator MCCONNELL, Senator this Congress has. The Supreme Court,
form proposal to let us address the vot- CORNYN, Senator BURR, and myself— in fact, invited us to carry out that ob-
ing rights issue. and our position on the Voting Rights ligation, and the Committee on the Ju-
I am glad to see Senator COLLINS and Act of 1965, a seminal law that was so diciary, under Senator DURBIN’s leader-
Senator COONS here on the floor. They important in the civil rights movement ship, carefully crafted legislation that
helped put together the 2017 letter that in guaranteeing the right to vote for we believed responded to the Supreme
many of us signed. It is very carefully all Americans. Court’s invitation to do just that.
worded, and it is two paragraphs. What Well, I was not in the Senate in 1965. Respectfully, Senator COLLINS, in
they got us to join together as bipar- I was 13. I am not sure that the Senator representing the State of Georgia,
tisan Senators to express was our from Georgia was even born in 1965, but where, as I mentioned earlier, we faced
united determination to preserve the that is not really my point. a wave of bills and now law, which ev-
ability of Members to engage in ex- My point is that, of me, the Senator erybody in my State knows are in-
tended debate when bills are on the from Georgia, Mr. OSSOFF, said: Sen- tended deliberately and to dispropor-
Senate floor—extended debate when ator COLLINS previously said that this tionately impact certain commu-
bills are on the Senate floor—and that bill will ensure that voting rights af- nities—laws that prior to the Shelby
is what our rules reform proposal will forded to all Americans are protected County decision would have been sub-
do. but not anymore. jected to Department of Justice
The simplest way to understand it— I voted, enthusiastically, and did say preclearance—I believe more strongly
and Senator MERKLEY is going to go that about the Voting Rights Act reau- than ever that preclearance is nec-
into more detail—is that it switches thorization in 2006. Surely, my col- essary.
the current secret filibuster into a pub- league is not confusing that bill, which What I was respectfully noting, Sen-
lic filibuster and makes both parties was 5 pages long—5 pages—with the bill ator COLLINS, without any implications
have to work on the floor. The major- that is before the Senate tonight, with respect to your motives or integ-
ity has to work and the minority has which is 735-pages long. Surely, he is rity, was what I believed to be an in-
to work on the floor to get the kind of not confusing those two bills. If he is, consistency, an inconsistency between
extended public debate that we joined I would like to sit down and talk with voting consistently to reauthorize the
together to seek in the letter in 2017. him about the enormous differences be- Voting Rights Act of 1965 and lauding
Let’s face it. We don’t really do this. tween the two bills, but, frankly, the it as a signature civil rights achieve-
The current rules are an obstacle to ex- number of pages says it all. ment, but then voting not even to
tended debate because you just vote I do support the reauthorization of allow debate in this body on the legis-
ctelli on DSK11ZRN23PROD with SENATE
down the motion to proceed, and you the Voting Rights Act of 1965, and I did lation that was created to respond to
can’t even get on a bill. Then, if you do so, as did every other Senator, in 2006, the Supreme Court’s invitation to up-
get on a bill, the 60-vote cloture but to equate that to the legislation hold its preclearance provision.
threshold is used, with confidence, by a that is before us now is simply not wor- I yield the floor.
filibustering minority. You don’t even thy. Had I been on the floor at that The PRESIDENT pro tempore. The
have to show up to debate because time, I might well have thought of re- Senator from Maine.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S343
Ms. COLLINS. Mr. President, let me have been similar questions: Why is the opinion of the majority,’’ the result
just note that the Federal Department this so important? Why is this bill so will be ‘‘tedious delays; continual nego-
of Justice, under section 2 of the Vot- important? tiation and intrigue; contemptible . . .
ing Rights Act, has challenged the law I will answer simply this: that dark compromises.’’ He noted that the
of the State of Georgia and the State of money corrupts elections. If you and I ‘‘[supermajority’s] real operation is to
Texas. So the idea that somehow the donate more than $200 to a campaign, embarrass the administration, to de-
Justice Department no longer has au- we record it, but if extraordinarily stroy the energy of the government.’’
thority to challenge laws with which it wealthy individuals donate hundreds of Anyone who has seen the energy
disagrees or regulations or practices is millions of dollars, they can do it with drained out of this Chamber by nothing
simply not accurate. Section 2 of the no attribution, corrupting the elec- happening day after day after day when
Voting Rights Act provides that au- tions across this country. we have important issues to face can
thority. It is in effect, and the Depart- Gerrymandering corrupts the system understand just how right the Found-
ment of Justice, rightly or wrongly, of equal representation. From the ear- ers were.
has invoked it. liest debates in this Chamber, it was So in writing up the guidelines and
The PRESIDENT pro tempore. The recognized that each of us has a stake the vision for the initial Senate, our
Senator from Georgia. in the integrity of the elections in leaders came up with a Senate code,
Mr. OSSOFF. Mr. President, I know other States so that the people of the and that Senate code was, hear all per-
we have other business to attend to United States experience equal rep- spectives—in fact, guaranteeing in rule
and an important debate on a proce- resentation. We do not have equal rep- IV of the original rules that every Sen-
dure that is ongoing, but I want to resentation in the House today, and ator would have the right to speak
note, with respect to my colleague the gerrymandering going on now will twice to a question.
from Maine, that section 2 of the Vot- increase that corruption. In addition, they put into the rules a
ing Rights Act is not the entirety of Third and most importantly, the previous question just in case they
the Voting Rights Act. power to vote is the most significant couldn’t get the debate to wrap up so
Section 4 and section 5, which pro- right, guaranteeing each citizen a voice they could get to that all-important
vide for the preclearance of changes to in the direction of our democracy. It is vote to determine where the greater
voting laws in jurisdictions with a his- the soul of what it means to be a demo- number stood.
tory or a pattern of voter suppression, cratic republic. That power to vote is Thomas Jefferson put into the rule
are vital precisely because the post- also the most important check in our book, the manual for the rules in 1801:
facto litigation that the DOJ must em- system of checks and balances. ‘‘No one is to speak impertinently or
bark upon to challenge State policies, With rigged elections, leaders leaning beside the question, superfluously or
once they have already been enacted, toward autocracy can keep themselves tediously.’’
can be far too time-consuming to allow in power, but with fair elections, Hear the debate, consider all perspec-
for a remedy to emerge in the courts. undergirded by a free press, the people tives, and take the option the greater
This is precisely why section 4 and sec- can vote out those autocratic leaders number favored.
tion 5 were enacted at the time—to who ignore laws and undermine our in- That Senate code endured in a power-
give the Department of Justice the stitutions. It is the most important ful fashion for a very long time. In 1806,
power it needs to preclear these check in maintaining the integrity of Aaron Burr was rewriting the rules,
changes in places with a history of seg- our beloved Republic. and he said: You know, we have never
regation and voter suppression. In my Let’s go back in time. The rules of needed to use the previous question
State, despite all of the protestations the Senate were forged in the Confed- rule in the book because we hear every
to the contrary, we are, right now, wit- eration Congress experience. Our one, we hear those perspectives, we
nessing a significant wave of voter sup- Founders were engaged, during the take a vote, and we go forward. So we
pression policies. time they were writing our Constitu- don’t need the previous question. And
The Department of Justice should tion, in participating in the Confed- it was dropped from the rule book.
have the authority to preclear those eration Congress that required a vote When I hear the folks say the Senate
changes to law to ensure they don’t of 9 out of 13—two-thirds plus a bit—in never had a simple majority to close
disproportionately impact minority order to pass any law. It prevented debate—they had the Senate code, and
communities. them from being able to pay the pen- they had a rule, and then they said: We
So section 2 of the Voting Rights Act sions of our veterans, and it prevented don’t need the rule because we have the
is important, but if section 4 and sec- them from raising money for Shays’ Senate code.
tion 5 were also vital when we voted to Rebellion. That code continued to endure, and
reauthorize them in 2006, why aren’t Our Founders who participated in the full understanding of the Members
they vital today? that process said: This supermajority of this Chamber was they had no right
The PRESIDENT pro tempore. The has paralyzed our ability to act. With to prevent the Senate from getting to a
Senator from Maine. that in mind, they wrote our Constitu- final vote.
Ms. COLLINS. Mr. President, I prom- tion so that legislation would be passed That code was so powerful that in the
ise my colleagues this will be my last by a simple majority; that at the end mid-1800s, when Senators started to
comment. of the debate, when all perspectives speak at length in order to make it
This is entirely different from the de- were duly considered, the perspective very difficult to get to a final vote, the
bate on a 735-page bill. I would invite favored by the larger number would be press called it piracy.
my colleague from Georgia to review accepted rather than the perspective You may wonder, where did the term
exactly what he said earlier this favored by the smaller number. ‘‘filibuster’’ come from? That term is a
evening. So our Founders, leaving nothing to corruption of the term ‘‘freebooter,’’
Thank you. chance, warned us in their writings: the term for ‘‘piracy.’’ The piracy was
I yield the floor. Never adopt a supermajority. Senators breaking the Senate code.
The PRESIDENT pro tempore. The They said—and I will quote James That was the piracy. But, still, it hap-
Senator from Oregon. Madison—that when ‘‘the general good pened on rare occasion, and the code
Mr. MERKLEY. Mr. President, I com- might require new laws . . . the prin- was stretched but not really broken
pliment my colleagues from Maine and ciple of free government would be re- through the 1800s, except on civil
Georgia for engaging in perhaps the versed. It would be no longer the ma- rights.
most substantive exchange I have ever jority that would rule: [It would be] What happened in our history on
ctelli on DSK11ZRN23PROD with SENATE
witnessed in 13 years here in the Sen- the power transferred to the minor- civil rights? Well, you had John C. Cal-
ate. ity.’’ He went on to say the result houn leading the nullification move-
(Applause.) would be ‘‘particular emergencies, to ment that said: Hey, States don’t have
Earlier this evening, one of my col- extort unreasonable indulgences.’’ to accept any given Federal law. They
leagues from across the aisle said: Why Hamilton said many similar things. can choose and pick which ones they
are we going down this road? And there ‘‘If a pertinacious minority can control want.
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S344 CONGRESSIONAL RECORD — SENATE January 19, 2022
Initially, that nullification move- had to be a strategy for certain Sen- And that sounds like it is going to in-
ment was in order to block laws that ators to make sure that Black Ameri- crease cooperation and negotiation,
put tariffs on imported products that cans didn’t get their civil rights. That but the unfortunate reality, in our
strengthened the North and cost more is the sorry chapter of that part of our tribal, partisan politics, is the minor-
funds to the South, increased the American history. Three generations ity looks at that and says: If we can
prices of goods, but then it turned to through it, 1965 paid the price of deny- hold 41 Senators from agreeing to close
the question of protecting slavery. Nul- ing opportunities. debate, we can paralyze the majority.
lification continued and even went so The Senate code on every other issue The overwhelming impact is paralysis
far as to say States should have the essentially survived until 1971, within and accentuation of partisanship of our
right to secede if they don’t like those our lifetimes. In 1971, we started to see current filibuster.
Federal laws. Then we had a civil war the filibuster go to not just 1 or 2 fili- Today’s debate, it is not about fili-
over that question, and that was the busters a year but to 12, a dozen—imag- buster versus no filibuster; it is about
end of nullification, but it was not the ine that—and in 1974 to 32. That was fixing a broken Senate. It is about the
end of attacks on civil rights. just so outrageous because each one difference, as my colleague from Vir-
So what did we see after the Civil takes up a week, and so this Senate ginia has said, from the secret, no-show
War? We saw a group of States make it said: That is unacceptable, so we must filibuster to the public, talking fili-
harder for individuals to register to reform the rules. It led to the March buster.
vote. We saw a group of States make it 1975 rule reform where they went from Before 1975, people who wanted to ex-
hard for Black Americans to get public two-thirds of those voting to 60 Mem- tend debate had to actually debate.
accommodations. We saw a group of bers voting. What a notion. They had to show up.
States make it easier to reenslave Well, the result is, that law back- And that is painful and difficult to
Black Americans under the Black code, fired. To quickly look at it, cloture on maintain continuous debate, and so
amendments—each one taking up a there is an incentive to negotiate. But
utilizing the slavery clause of the 13th
week—expanded from some 6 times in when there is a no-show, no-effort fili-
Amendment.
Congress responded, the House re- the entire decade of the 1960s to 143 buster, where those who say they want
sponded, this Senate responded and times in the 2010s. to debate are off on vacation because 60
said: No. We are here to defend the For a motion to proceed, which is the votes is required with or without them,
ability to prevent debate from ever there is no incentive to negotiate.
Constitution, that every person is cre-
So if you believe the Senate should
ated equal, and every person’s rights happening—the filibuster to promote
be a place that encourages negotiation,
must be protected. debate was used to kill debate on the
we need a public filibuster, not a se-
That is what this Chamber, the Sen- motion to proceed. It was used 10 times
cret, silent filibuster. If you believe
ate, did in 1875. in the 1960s and 175 times in the 2010s.
that the public should be able to par-
The House passed the Civil Rights And, on nominations, it went from
ticipate in our process, we need not a
Act on public accommodations, guar- once in the 1960s to 545 times in the
secret, silent filibuster but a public,
anteeing access to all public accom- 2010s. talking filibuster. We are here, day
modations for all Americans. The How did it happen that it expanded in
after day, week after week. We are de-
House voted 152 to 99. It came to the the 2010s? Well, it happened because a
bating the issue. We are raising amend-
Senate, and the Senate voted 38 to 26, Republican minority decided that they
ments. We are considering amend-
a simple majority. were going to obstruct as many of ments. And what is the result? The
Although there were Senators here President Obama’s nominations as pos- citizens weigh in. They say: Finally,
who desperately hated public accom- sible. And the Democrats did the same they are considering it. Finally, they
modation bills because it would end thing to President Trump. are debating it. Finally, they are going
discrimination in the South, they did Each one of these takes up a week,
to take a vote. Now we can weigh in ef-
not filibuster because the Senate code an intervening day, 30 hours of debate, fectively in this moment.
said that after all views are heard, you another hour of debate for every other So this is about restoring, reinvigo-
can hold a simple majority vote. Senator who wants to speak who didn’t rating debate, restoring the public role,
The Senate code held, but it didn’t get to—every single one. So when you creating an incentive to negotiate, cre-
hold in 1891. In 1890, Henry Cabot have over 100 of these a year, it is im- ating an incentive for both sides to
Lodge, down the hall in the House, in- possible to have a Senate that works. work to reach an accommodation.
troduced what became known as the The Senate has been broken. Now, my Republican friends have
Lodge bill. It said: In order to protect And perhaps the top champion of made much today of Democrats signing
the foundation of our Nation, there can breaking the Senate is the minority a letter saying that they are deter-
be Federal supervision upon request to leader, who has engaged in the tactic of mined to ‘‘preserve the ability of Mem-
make sure registration is fair, to make delay and obstruction, arguing he bers to engage in extended debate’’—in-
sure the voting process is fair, and to wanted to make sure—his top priority teresting—‘‘preserve the ability of
make sure the counting process is fair. was making sure President Obama was Members to engage in extended de-
The bill came here to the Senate, and never reelected, and stopping him from bate.’’ To preserve the ability to en-
a bipartisan group filibustered that having an agenda and stopping him gage in extended debate means we need
bill, southern Democrats and western from putting people into office was the the talking, public filibuster, not the
Senators known as the Silver Senators. strategy. And Democrats took much secret, silent filibuster which requires
They were anxious to get onto a bill the same approach to President Trump. no debate at all. So, to my Republican
about silver coinage to support the sil- So we have both done it, but the Sen- colleagues who signed this letter, this
ver mining in the West. That bill was ate is blown up now. is your opportunity to do what you
eventually tabled. In that original Congress, the Senate, said. Vote for the principle that the
In 1891, the Senate code was broken the first term, it said there were about majority leader is going to be laying
on civil rights and continued to be bro- four Cabinet members to confirm, plus out forthwith.
ken through 1965. In 1922, the Dyer Ambassadors and some judges—four. So, colleagues, if you believe in the
Anti-Lynching Act was filibustered. In We have over a thousand positions Founders’ vision of this Senate, of
1934, the Costigan-Wagner anti-lynch- now. It is completely out of sync. The hearing everyone and hearing everyone
ing act was filibustered. In 1942, the gears don’t match. well but eventually getting to a final
anti-poll tax bill that put a price on And every time there is a filibuster bill; if you believe in the Senate code,
being able to access the ballot box—it on a nomination, it is another week which stood up for so long, not even
ctelli on DSK11ZRN23PROD with SENATE
was filibustered. And on and on. lost. So the Senate is now paralyzed needing a rule to enforce it, except for
With the exception of a 1-week delay because here is the interesting prospect civil rights it held up through 1971; if
in a bill for arming commercial ships and the unfortunate reality of 60 votes. you want more debate and you want
in 1917, virtually every filibuster de- The interesting prospect is that a ma- people who want a debate to have to
nied Black Americans the right to vote jority of less than 60 has to reach out show up to debate, support the talking
because in lieu of nullification, there to the minority to get something done. filibuster.
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S345
If you believe there should be an in- leader’s team has crafted this to ensure gether. That is easy, when what you
centive for both the majority and mi- continuous debate. are trying to achieve lines up with the
nority to negotiate, support the talk- Mr. MANCHIN. No amendments. No tactics. The measure of a leader is not
ing filibuster. If you believe the public amendments. what he or she chooses; it is what they
should have the ability to see us debat- Mr. MERKLEY. That would be—had choose when those two paths diverge,
ing issues, then support the talking fil- we gotten to the bill and been able to go in a different direction.
ibuster. engage in—— Now, half of us, on this side of the
My colleagues have said: We must de- Mr. MANCHIN. We didn’t have aisle, just spent 4 years—4 years—when
fend the minority leverage. Amen to amendments on the bill. No amend- we were in the majority and we had a
that. That is why, in 2011, I put forward ments, no motions, no points of order. President of our party asking us to do
in this Chamber the talking filibuster Mr. MERKLEY. To my colleague what they are trying to do tonight, and
and said we need to defend the minori- from West Virginia, your question is, we had a one-word answer: No. No. We
ty’s right to participate. What are the characteristics that de- are not going to fracture the institu-
Today, we have another opportunity fine continuous debate on final pas- tion to achieve some short-term advan-
to defend the minority’s participation, sage? And it is defined as without tage.
to speak at length for at least twice on interruptions that take us in other di- And actually, astonishingly enough—
any given question, on through a com- rections than the question of final pas- GRASSLEY was here then—in 1994, the
plex bill. But that, colleagues, depends sage of the bill. best Republican off-year election, argu-
upon ending the era of the secret, si- Mr. MANCHIN. Thank you. ably, in American history took the
lent source of partisanship and paral- The PRESIDENT pro tempore. The House for the first time in 40 years, got
ysis that we currently have and replac- distinguished Republican leader. the majority back in the Senate.
ing it with the talking, public fili- Mr. MCCONNELL. Mr. President, Tom Harkin—CHUCK GRASSLEY’s col-
buster. well, I think we can all agree on one league from Iowa, the Democrat—on
I encourage you all to stand today thing: It has been a long day. Almost day one of that session, through the
for the Senate to work and for the Sen- everybody has had something to say, regular order, offered a rule change to
ate, most importantly, to defend the and the reason for that is this is an im- lower the threshold to 51. So who would
fundamental rights of every American portant day in the history of the Sen- have benefited from that? This brand-
to access the ballot box. ate. It could be argued it is the most new, enthusiastic majority just having
Mr. MANCHIN. Mr. President, if my important day in the history of the swept the country would have been the
colleague will yield for one second, sir. Senate as an institution. This very day principal beneficiary of lowering the
The PRESIDENT pro tempore. The that we are just wrapping up is, in all threshold to 51. Not one single Repub-
Senator from West Virginia. likelihood, the most important day in lican in the new majority voted to give
Mr. MANCHIN. Is it possible we can the history of the Senate as an institu- themselves an advantage that would
enter into a talking filibuster now tion. break the Senate—not one. So we have
without a rules change? Could we start This evening, fewer than 60 Senators been consistent on this side of the aisle
a talking filibuster right now without voted to advance a piece of legislation in support of this institution as long as
a rules change? so it didn’t move forward. It is pretty I have been here.
Mr. MERKLEY. To my colleague common around here. It happens fre- They face the same decision now.
from West Virginia, the challenge that quently. In fact, it happened less than They have a choice. They could break
we have today is that, in the course of a week ago, as we know, when our the institution to achieve what they
Senate debate, it is never possible to Democratic colleagues used the 60-vote want or defend the institution. And so
get to a debate on the final question. threshold to block sanctions against they pivoted. And that is why so many
And the proposal that the majority Putin’s pipeline. of them look so foolish because they
leader is putting forward is saying it is In 2020, the Democrats used the fili- have been on the opposite side of this,
time to get to that final debate, and on buster multiple times to delay the not a long time ago but quite recently.
that final debate every Senator can CARES Act, kill Senator TIM SCOTT’s And so they tried to carve out a special
speak twice. police reform bill, block bipartisan pro- category here that somehow this issue
I can tell you, leadership on both tections for unborn children. is different from all the other issues
sides probably is nervous about the Senate minorities can apply the and should be treated differently.
idea of 100 Senators speaking twice, at brakes to small majorities. Senate mi- Well, on the merits, as we have dis-
length, but the single innovation of the norities can apply the brakes to small cussed ad nauseam here, this is some-
talking filibuster is to say that there majorities. This institution makes thing they have been trying to do for a
will be a period of debate in which we major changes earn major buy-in. This long time. The rationale for it has
will consider final passage with all four institution requires that major changed periodically, depending upon
of the mechanisms that currently changes receive major buy-in. For dec- what seemed to make sense. But dial it
exist, three that were created at the ades, Americans on all sides acknowl- up any way you choose to, this is a plot
foundation—and that is the break in edged this. to break the Senate—a plot to break
debate and that is the two-speech rule Believe it or not, 15 years ago—sev- the Senate. Over the issue they have
and that is unanimous consent and the eral of us were here 15 years ago—there chosen, one-half of 1 percent of the
60 votes that was created in 1975. were 180 civil rights organizations—180 American people say election law is
Mr. MANCHIN. I understand. The civil rights organizations—that their most pressing concern—one-half
way this rule reads right now, sir: dur- weighed in in support of the filibuster of 1 percent of the American people.
ing which all amendments, motions, because, at that particular point, the Actually, Americans, as a number of
and points of order are not in order, filibuster was being used to stop judges you have said during the course of this
and any appeal shall be determined appointed by Bush 43. So over 100 civil long day, believe voting laws are actu-
without debate. That doesn’t allow any rights organizations wrote us a letter ally too loose, rather than too strict,
amendments whatsoever. saying the filibuster is indispensable. and as you have said over and over and
Mr. MERKLEY. The vision, the vi- It served their purpose at that par- over again, Georgia’s new law is argu-
sion of this—— ticular time. ably more progressive than New York
Mr. MANCHIN. That is the way this For decades—literally, decades—Sen- or Delaware. All of you have said that
reads, what we are voting on right now. ators on both sides agreed. We have all day long.
Mr. MERKLEY. Excuse me. Go quoted each other back and forth here, And this? This is the basis upon
ctelli on DSK11ZRN23PROD with SENATE
ahead. eloquent filibuster defenses from col- which the President of the United
Mr. MANCHIN. I am saying, that is leagues across the aisle when it bene- States calls people like us racists, trai-
what we are voting on right now. fited them to make those speeches. tors? Over this? Over how many days of
Mr. MERKLEY. What we are voting But, colleagues, a leader’s true colors early voting you are going to have?
on now is to go to final passage with are not revealed when long-term prin- Really? This is the basis on which 40-
continuous debate, and the majority ciples and short-term power line up to- plus Senate Democrats want to not
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S346 CONGRESSIONAL RECORD — SENATE January 19, 2022
only break their word but break the ber, many of them represented by us the door is closed to moving forward on
Senate. who come from small States. They de- these laws—so much part of the core
Now, the so-called talking filibuster risively look down on us as a flyover values of our country.
proposal is smoke and mirrors, just territory, a place nobody wants to But make no mistake, on voting
smoke and mirrors. There is really stop. rights, inaction is not an option. Inac-
only one question we are dealing with The Senate was designed to represent tion is not an option. And now, the
here, just one. It is not complicated. those people. Every State gets two Senate must rise to the occasion. The
Will it take 60 votes to pass massive Senators. Some States have only one only way to achieve our goal of passing
changes or a simple majority to ram House Member but two Senators. We voting rights, ending dark money, and
them through? That is what is at stake are here to protect middle America, ending partisan gerrymandering is by
here, nothing else. Will slender majori- and the supermajority threshold in the changing the rules because our col-
ties need to build coalitions across the Senate makes that even more possible. leagues from the other side of the aisle
aisle or not? Will huge chunks of Fed- So they can’t run roughshod over us. don’t want to join us in these noble en-
eral law reverse themselves whenever They can’t run roughshod over us and deavors. This evening, we have pro-
gavels change hands? We have talked the people we represent. posed a modest, one-time change of
about this all day long. That is what When our country needs leaders to Senate rules to establish a talking fili-
this is about. fight the fires of factualism, almost buster for this voting rights legisla-
But, colleagues, something even half the Senate over here wants to lit- tion. It fundamentally says: If you
more fundamental is at stake tonight. erally dump more gasoline right on top want to block something as sacred as
Everyone in this Chamber knows that of it. voting rights, you must do it out in the
factional fires are burning hot all When our institutions needed defend- open. You must debate it and show the
across our country. As I look around, I ing, a sitting President and a majority American people where you stand. You
don’t know if this many of us have ac- leader have made smashing the Senate can’t sit in your office and block every-
tually gathered in this Chamber since an unofficial part of their party’s plat- thing.
January 6 of last year. We were all in form. The President of the United In short, every Senator will be al-
here then. I stood up that day, and I States and the majority leader of the lowed to speak twice on final passage
said self-government requires shared Senate have made breaking the Senate of voting rights legislation. They can
respect for basic ground rules. I said we a central part of their plan for Amer- speak as long as they want—days, if
couldn’t keep drifting into two tribes ica. they can muster it—but all other dila-
and delegitimizing the few institutions Thanks to the courageous position of tory tactics, any dilatory amendments,
we still share. at least a few of their Members, they motions, and points of order, shall be
Yes, the divisions run deep. Com- will not succeed. This country will be deemed out of order, and any appeal
promise is certainly challenging. But it shielded from their radicalism tonight. shall be determined without debate.
would not serve a divided country if And make no mistake about it, this is After each Member has had their say,
two factions take turns ruling over one radicalism designed to fundamentally it will be time to vote, and only 50
another with an iron fist. change America in every conceivable votes will be required for passage.
Here is a solution for a divided coun- Mr. President, this is a very simple,
way, to the disadvantage of virtually
limited proposal, and it only applies to
try: Thoughtful compromise every- all of the constituents represented by
the voting rights bill before us today.
where we can agree, and, when we can’t people on this side of the aisle—and Now, look, there is no denying that
agree, it just doesn’t happen. theirs as well, if they were willing to Members of this body have divergent
The American people are closely di- admit it. views about whether the filibuster in
vided. We are reflected here with a 50– So the Senate will be safe tonight. the 21st century is a good thing or a
50 Senate, for the longest time in The Senate will be safe tonight. Amer- bad thing. Some have argued that it
American history. ica can breathe a sigh of relief. This actually helps bring us together—
There is not a mandate to fundamen- radicalism will have been stopped, and something I don’t agree with and which
tally transform America into some- it is a good day for America. I have not seen evidence of, as the elo-
thing it has never been. It is not what I yield the floor. quent statement by the Senator of Or-
the voters voted for. We have a narrow The PRESIDENT pro tempore. The egon has—we have just seen. But even
majority trying to jam through, one majority leader. for those who feel that the filibuster is
after another, proposals to fundamen- Mr. SCHUMER. Mr. President, ‘‘a de- a good thing and helps bring us to-
tally turn us into something we have nial of this sacred right [to vote] is a gether, I would ask this question: Isn’t
never been. tragic betrayal of the highest man- protecting voting rights, the most fun-
Well, here is the good news: The dates of our democratic tradition’’—‘‘a damental wellspring of this democracy,
Framers custom built—custom built— tragic betrayal of the highest man- more important than a rule in this
the Senate to stop this kind of thing. dates of our democratic tradition.’’ Chamber?
That is why this institution was con- Those were the words of Dr. Martin Let me say that again. Even if you
structed in the first place. We are sit- Luther King, Jr., in his speech where think the filibuster is a good thing,
ting in the place designed to stop this he implored the Federal Government— isn’t protecting voting rights and pre-
kind of thing, and we have an oppor- and especially Congress—to take ac- venting their diminution more impor-
tunity to do it here tonight. tion on a simple request: ‘‘Give us the tant, particularly when this rule was
This is the first time in history that ballot.’’ not always in existence and was not en-
a Senate majority leader, who is sup- Today, the American people are say- visioned by the Founders? That is the
posed to safeguard this institution, has ing the same thing: Give us the ballot. key question we should each ask our-
convinced—convinced—nearly all of his Let us not sink into the abyss of voter selves.
party to attack the institution. That suppression. Give us the ballot. To be clear, minority rights are a
hasn’t happened before. A few hours ago, this Chamber, with vital feature of this Chamber, but the
Tonight, for the first time in history, the eyes of the Nation upon it and with Senate was never envisioned to allow
almost an entire political party will the evidence of voter suppression laid an absolute minority party veto—
write in permanent ink that they bare before it, with very little refuta- never. In fact, the Founders expressly
would shatter the soul of Senate for tion from the other side—they don’t rejected the inclusion of a super-
short-term power—shatter the soul of discuss the issues going on in the majority requirement for the Senate.
the Senate for short-term power. But States—took a vote to move to final Hamilton called the idea ‘‘poison.’’
ctelli on DSK11ZRN23PROD with SENATE
the brave bipartisan majority of this passage on the Freedom to Vote Act If there is anything undermining the
party is about to stop them—about to and the John Lewis Voting Rights Ad- spirit of the Senate today, it is, frank-
stop them. We will stop the Democratic vancement Act. It received 50 votes, ly, the way things work right now. It is
leader from silencing the voices of mil- and with the Vice President, we would time for the Senate to adapt, to meet
lions upon millions of Americans who have had the majority. Unfortunately, the challenge of the modern age. Rob-
have a right to be heard in this Cham- under the current rules of the Senate, ert Byrd himself recognized this truth,
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January 19, 2022 CONGRESSIONAL RECORD — SENATE S347
that Senate rules must sometimes point of order is not sustained as it is The PRESIDING OFFICER (Ms.
change. And our proposal today is a a compound motion that would require BALDWIN). Without objection, it is so
limited, carefully tailored step we can consent. ordered.
take to make the rules of the Senate APPEALING THE RULING OF THE CHAIR H.R. 5746
achieve this body’s original purpose. Mr. SCHUMER. Mr. President, I ap- Mr. SCHUMER. Madam President,
Finally, there are some who fear the peal the ruling of the Chair. before I close the Senate and do that
consequences of passing this bill with The PRESIDENT pro tempore. The kind of paperwork, I want to just make
no support from the other party. I question is, Shall the ruling of the a few remarks about tonight’s vote.
would certainly prefer that Repub- Chair stand as the decision of the Sen- So while tonight’s vote was dis-
licans work with us on this issue, and ate? appointing, it will not deter Senate
voting rights has always been a bipar- Mr. SCHUMER. I ask for the yeas Democrats from continuing our fight
tisan issue in the past. But we must be and nays. against voter suppression, dark money,
honest. We have made many earnest ef- The PRESIDENT pro tempore. Is and partisan gerrymandering.
forts to draft and debate bipartisan leg- there a sufficient second? With no support from Senate Repub-
islation that deals with voter suppres- There appears to be a sufficient sec- licans, many of whom deny the very
sion, dark money, and partisan gerry- ond. existence of voter suppression, we faced
mandering, but those efforts by many The clerk will call the roll.
an uphill battle, but because of this
The legislative clerk called the roll.
Members of our caucus have come up fight, and the fact that each Senator
The result was announced—yeas 52,
with no takers. had to show where they stand, we are
nays 48, as follows:
The old GOP worked with Democrats closer to achieving our goal of passing
[Rollcall Vote No. 10 Leg.]
on voting rights for decades, but, un- vital voter protection legislation.
YEAS—52
fortunately, that is not the case today. We take inspiration from Dr. Martin
In the words of the late Senator Wag- Barrasso Grassley Risch
Blackburn Hagerty Romney
Luther King, Jr. He kept fighting for
ner, whose seat I hold, delivered on this Blunt Hawley Rounds voting rights through every obstacle,
floor nearly 80 years ago: Boozman Hoeven Rubio and we will do the same. We will not
Unity in a democracy is not achieved by Braun Hyde-Smith Sasse quit.
Burr Inhofe Scott (FL)
side-stepping and ignoring issues. That is Now that every Senator has gone on
Capito Johnson Scott (SC)
false unity. That is only the illusion of Cassidy Kennedy record, the American people have seen
unity. Shelby
Collins Lankford
Sinema who is on the side of protecting voting
Unity in a democracy is the unity which is Cornyn Lee
achieved by facing issues, by threshing out Cotton Lummis
Sullivan rights, and it will only strengthen our
our differences, and by standing upon the de- Cramer Manchin
Thune resolve as we work to ensure that our
Crapo Marshall Tillis democracy does not backslide.
cision of the majority. Toomey
Cruz McConnell This vote is another step forward in
Again: Daines Moran Tuberville
Ernst Murkowski Wicker the long march for universal voting
Unity in a democracy is not achieved by
side-stepping . . . issues. Fischer Paul Young rights. The Democratic caucus pledges
Graham Portman to keep working until voting rights are
Fittingly, he spoke those words in
NAYS—48 protected for every American.
the face of a filibuster on the anti-poll
Baldwin Heinrich Peters UNANIMOUS CONSENT AGREEMENT—H.R. 5746
tax legislation.
Tonight, let us sidestep voting rights
Bennet Hickenlooper Reed Mr. SCHUMER. Madam President, I
Blumenthal Hirono Rosen ask unanimous consent that the House
no more. Booker Kaine Sanders
The question before the Senate is, Brown Kelly Schatz message to accompany H.R. 5746 no
How will we find a path forward on pro- Cantwell King Schumer longer be the pending business.
Cardin Klobuchar Shaheen The PRESIDING OFFICER. Without
tecting our freedoms in this turbulent Carper Leahy Smith
21st century? The only choice to move Casey Luján Stabenow
objection, it is so ordered.
forward on these vital issues is to Coons Markey Tester f
Cortez Masto Menendez Van Hollen
change the rules in the modest way we Duckworth Merkley Warner MORNING BUSINESS
have proposed. Durbin Murphy Warnock
My colleagues—my colleagues—his- Feinstein Murray Warren ---
tory is watching us. Let us choose in Gillibrand Ossoff Whitehouse TRIBUTE TO JENNIFER BARBER
Hassan Padilla Wyden
favor of our democracy. Let us stand Mr. MCCONNELL. Madam President,
up and defend the precious right to The PRESIDENT pro tempore. On
very few people find the time to lead
vote. this vote, the yeas are 52, the nays are
their city’s largest law firm, serve on a
MOTION TO PROCEED TO MOTION TO RECONSIDER 48.
university’s board of trustees, rep-
Mr. President, I move to proceed to The decision of the Chair stands as
resent their country at the United Na-
the motion to reconsider the vote by the judgment of the Senate.
The majority leader. tions, and remain active in civic life in
which cloture was not invoked on the their hometown. Even fewer can ac-
MOTION WITHDRAWN
motion to concur in the House amend- complish these things before the age of
Mr. SCHUMER. Mr. President, I
ment to the Senate amendment to H.R. 40. But Jennifer Barber of Louisville,
withdraw the motion to proceed to the
5746, the Freedom to Vote: John R. KY, has managed to do all this—and
motion to reconsider the failed cloture
Lewis Act. more. Today, I ask my colleagues to
The PRESIDENT pro tempore. The vote.
The PRESIDENT pro tempore. The join me in honoring Jennifer for her re-
question is on agreeing to the motion cent career milestone and for her years
motion is withdrawn.
to proceed to the motion to reconsider. Mr. SCHUMER. Now, for the infor- of service to the Commonwealth of
POINT OF ORDER
mation of the Senate, there will be no Kentucky.
Mr. SCHUMER. Mr. President, I further rollcall votes tonight. Senators Jennifer, the daughter of Chinese im-
make a point of order that for this should expect a rollcall vote at noon migrants, grew up working alongside
message from the House, with respect tomorrow on the confirmation of Holly her parents in the family’s restaurant,
to H.R. 5746, the only debate in order Thomas to be the U.S. circuit judge for learning to value sacrifice, ambition,
during consideration of the message be the Ninth Circuit. and effort. She became the first mem-
on the question of adoption of the mo- I suggest the absence of a quorum. ber of her family to graduate college,
tion to concur in the amendment of the The PRESIDENT pro tempore. The earning both her bachelor’s degree and
ctelli on DSK11ZRN23PROD with SENATE
House; further, that no further amend- clerk will call the roll. juris doctorate from the University of
ments, motions, or points of order be in The senior assistant legislative clerk Kentucky. From there, she developed a
order and that any appeals be deter- called the roll. specialty in tax law, taking her exper-
mined without debate. Mr. SCHUMER. Madam President, I tise to Frost Brown Todd in 2013 and
The PRESIDENT pro tempore. Fol- ask unanimous consent that the order working her way up the corporate lad-
lowing the rules of the Senate, the for the quorum call be rescinded. der.
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