CONGRESSMAN BRIAN BILBRAY TESTIFIES

AT HOUSE JUDICIARY COMMITTEE HEARING

REGARDING VOTING IRREGULARITIES AND FRAUD

“Mr. Chairman, Ranking Member Smith, distinguished colleagues of the Committee, thank you for inviting me to speak before you today on the importance of addressing voting fraud and irregularities.  As Chairman of the Immigration Reform Caucus, I am extremely concerned about illegal immigrants violating our nation’s election laws by registering and voting in local, state and federal elections.  I feel that the American people have been disenfranchised by ballots illegally and fraudulently cast in our increasingly close elections.

Nothing is more important than ensuring the integrity of our election process.  Because of this very issue, I am able to sit before you today and represent the people of the 50th District of California.  It was during my campaign that the issue of illegal participation in our election process came to light.  For a short moment in time, one person’s words were heard throughout the entire nation.  As reported in the Wall Street Journal on June 5, 2006, “Ms. Busby addressed a group of supporters and in response to a question in Spanish about how someone who was an illegal alien could help, she answered:  “You don’t need papers for voting,” she said.  “You don’t need to be a registered voter to help.”

The freedom to vote is one of the most fundamental and sacred rights Americans can exercise.  With more than 20 million foreign-born residents in the United States who are not U.S. citizens, including an estimated 12 million illegal immigrants, the potential for non-citizen voting is a growing concern, especially when you consider the relaxed registration requirements and a lax screening process at the time of voting.  I feel there is a very real possibility that non-citizens have affected the outcomes of elections in the past and will in the future.  

Voting by illegal immigrants is one of the toughest issues to study due to the fact there is no centralized or accessible list of illegal immigrants that can be compared to voter registration lists or lists of persons who actually cast ballots.  The most basic requirement for registering to vote is United States citizenship.

Citizenship is clearly defined in both federal and state law.  The 14th Amendment to the

United States Constitution states, “All persons born or naturalized in the United

States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”  A person is not a citizen simply because he or she resides in California or is married to a U.S. citizen.  While federal law requires the voter to check a box on the registration form to indicate that he or she is a U.S. citizen, Elections Code § 2111 says that an individual who signs an affidavit of registration under penalty of perjury is assumed, in the absence of contrary information, to be a citizen.  Elections Code § 2112 additionally states that an affidavit of registration is proof of citizenship for voting purposes only; it cannot be used to prove citizenship for any other purpose.  In the state of California, those registering to vote must simply check a box affirming they are a U.S. citizen.

Congress enacted the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, making it a federal crime for non-citizens to vote in any federal election unless authorized by state law.  All ineligible non-citizens who knowingly vote in violation of the law may be deported.  While illegal voting can make the alien ineligible for U.S. citizenship (violation of criminal law), this disqualification has been often waived. 

In 1993, President Clinton signed the National Voter Registration Act (NVRA).  Usually called the "motor voter" bill, it requires all states to streamline their voter registration laws to make it easier for citizens to sign up.  Specifically, it requires states to give voters the option to register to vote simultaneously with an application for a driver's license, by mail, or in person, and at social service and other agencies.  The Act made it harder to verify the identity of voters seeking to register.  It also considerably complicated the states' task of keeping the registration rolls clean. 

In September 2005, the Congressional Research Service reported that more than 25 states failed to require any proof of legal presence in the United States in order to apply for and obtain a driver’s license.  And, as a consequence of the Motor Voter law, every single person who applies for a driver’s license is asked if they want to register to vote.  Voter rolls in the United States, particularly in states that allow illegal immigrants to obtain driver’s licenses, are inflated by non-citizens who are registered to vote.  Despite the clear mandate of the Motor Voter law that any potential voter must affirm citizenship on the voter registration application, some states issued orders to voter registration officials that voters should be added to the roles even if their application did not affirmatively indicate they are United States citizens. 

Requiring a person to identify themselves with photo identification before casting a ballot enjoys broad public support.  The American Center for Voting Rights – Legislative Fund’s polling in Pennsylvania and Missouri found that more than 80 percent of the population favors photo ID requirement in order to vote.  Other state specific polls in Wisconsin and Washington have found similar levels of public support for voter identification requirements.  Nationally, a Wall Street Journal/NBC poll conducted by in April 2006 found that more than eighty percent of U.S. citizens support the requirement that a person show a photo ID before they are allowed to cast a ballot.  Currently, twenty-four states require every voter to provide identification before casting a ballot and seven states currently require photo identification in order to vote.

Many people tend to think that the photo ID requirement would suppress voting but there has never been evidence to support that assertion.  Much to the contrary, evidence shows that anti-voter fraud provisions increase voter turnout.  When people have greater confidence in the election process, there is greater voting participation.  There are more than 100 democracies which require a photo identification card without fear of infringement on individual citizen’s rights, including countries such as Mexico, India and Pakistan.  In fact, our neighbor to the south, Mexico, issues a voter ID which includes multiple security features, including a hologram, special fluorescent ink, a bar code, and special codes in a magnetic strip. 

Not only must we worry about illegal immigrants voting illegally in our elections, we must worry that they are using the voter registration card to seek employment.  There is reason to believe that some illegal immigrants applying for driver’s licenses deliberately, rather than accidentally, seek voter registration.  This is due to the fact that the employer sanctions law adopted in the 1986 amnesty to deter employment of illegal aliens allows a voter registration card to be used as one of the documents that establishes the employee’s identity.  That document, plus a Social Security card, is all that is necessary to establish work eligibility.  Thus, the fact that some non-citizens register to vote is not necessarily a harmless misunderstanding of the rules, as immigrants' rights groups contend.

In 2005, a prominent group of bipartisan leaders and scholars, led by former President Carter and Secretary of State James Baker, III, focused on our nations voting laws and procedures.  The Carter-Baker Commission on Voting recommended:

Instead of creating a new card, the Commission recommends that states use “REAL ID” cards for voting purposes. The REAL ID Act, signed into law in May 2005, requires states to verify each individual’s full legal name, date of birth, address, Social Security number, and U.S. citizenship before the individual is issued a driver’s license or personal ID card. The REAL ID is a logical vehicle because the National Voter Registration Act established a connection between obtaining a driver’s license and registering to vote. The REAL ID card adds two critical elements for voting -- proof of citizenship and verification by using the full Social Security number.  The REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes.

As the Carter-Baker Report elaborated: “to make sure that a person arriving at a polling site is the same one who is named on the list, we propose a uniform system of voter identification based on the “REAL ID card” or an equivalent for people without a driver’s license ... There is likely to be less discrimination against minorities if there is a single, uniform ID, than if poll workers can apply multiple standards.”  The Carter-Baker Report also stated that “The right to vote is a vital component of U.S. citizenship, and all states should use their best efforts to obtain proof of citizenship before registering voters.”  I could not agree more!

The Bush Administration announced the program will cost $23.1 billion over 10 years, require motorists born after 1935 to present birth certificates or passports, and add $28 to the cost of issuing each license.  As Homeland Security Secretary Chertoff stated, “Is it a reasonable amount of money that people should pay to prevent people from getting on airplanes or getting in buildings and killing Americans?  I think most people would say ... that’s $20 well spent.”  While people will have to incur an additional cost, it seems absolutely reasonable when putting it in the context of safety and securing our democracy by eliminating voting fraud. 

The Administration also announced it would delay implementation of the REAL ID provisions that federalize driver’s license standards to allow states more time to comply fully.  The deadline will be extended from May 2008 until December 2009, and up to 20 percent of state homeland security grants can be used to implement the program.  I am extremely disappointed by the Administration’s stance on this issue and will seek to insure REAL ID makes its May 2008 deadline.  It is far too important for the safety of our society to delay.

If the United States wants to prevent fraudulent voting, procedures must be adopted to verify the eligibility of individuals when they register, and then to verify the identity of voters when they vote.  There must also be a heightened dedication to prosecute those who fraudulently register and vote.  If there is no real penalty for illegal voting, it is unreasonable to expect that an 'honor system' to keep ineligible persons from voting will be effective.  It is worth noting, that with the passage of Proposition 200, Arizona was the first state to implement such measures.  Approximately 32 other states are considering similar legislation.

Unfortunately, special interest groups are pursuing litigation to undermine the ability of election officials to assure that only U.S. citizens are included on voter rolls.  Clearly, there has been a much greater movement to lawsuits to settle election administration issues since the 2000 Presidential election.  Fundamentally, voters should believe at the end of the day that they decided the election, not a handful of lawyers and judges.

I applaud the House Judiciary Committee for focusing on this very important issue.  Thank you for the opportunity to testify today.” 

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