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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.

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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/, SHA-256 96fd815919d8be60a45648f118b0c37d4a2c96111f46abe6f4149c72b1a5c8b8.

Full text

                                                                                              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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                                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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