[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PROTECTING THE RIGHT TO VOTE DURING THE COVID-19 PANDEMIC ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ JUNE 3, 2020 __________ Serial No. 116-79 _________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available http://judiciary.house.gov or www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 41-343 WASHINGTON : 2021 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, SHEILA JACKSON LEE, Texas Ranking Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr., HENRY C. ``HANK'' JOHNSON, Jr., Wisconsin Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania MARY GAY SCANLON, Pennsylvania, BEN CLINE, Virginia Vice-Chair KELLY ARMSTRONG, North Dakota SYLVIA R. GARCIA, Texas W. GREGORY STEUBE, Florida JOE NEGUSE, Colorado LUCY McBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas Perry Apelbaum, Majority Staff Director & Chief Counsel Brendan Belair, Minority Staff Director ---------- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES STEVE COHEN, Tennessee, Chair JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana, ERIC SWALWELL, California Ranking Member MARY GAY SCANLON, Pennsylvania LOUIE GOHMERT, Texas MADELEINE DEAN, Pennsylvania JIM JORDAN, Ohio SYLVIA R. GARCIA, Texas GUY RESCHENTHALER, Pennsylvania VERONICA ESCOBAR, Texas BEN CLINE, Virginia SHEILA JACKSON LEE, Texas KELLY ARMSTRONG, North Dakota James Park, Chief Counsel Paul Taylor, Minority Counsel C O N T E N T S ---------- JUNE 3, 2020 OPENING STATEMENTS Page The Honorable Steve Cohen, Chairman, Subcommittee on the Constitution, Civil Rights, and Civil Liberties................ 1 The Honorable Mike Johnson, Ranking Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties................ 4 The Honorable Jerrold Nadler, Chairman, Committee on the Judiciary...................................................... 6 WITNESSES The Honorable Jocelyn Benson, Secretary of State, State of Michigan Oral Testimony............................................... 9 Prepared Testimony........................................... 11 Stacey Y. Abrams, Founder and Chair, Fair Fight Action Oral Testimony............................................... 16 Prepared Testimony........................................... 18 J. Christian Adams, President and General Counsel, Public Interest Legal Foundation Oral Testimony............................................... 20 Prepared Testimony........................................... 22 Myrna Perez, Director, Voting Rights and Elections Program, Brennan Center for Justice Oral Testimony............................................... 31 Prepared Testimony........................................... 33 Tom Fitton, President, Judicial Watch Oral Testimony............................................... 41 Prepared Testimony........................................... 43 Dale Ho, Director, Voting Rights Project, American Civil Liberties Union Oral Testimony............................................... 48 Prepared Testimony........................................... 50 Barbara Arnwine, President Transformative Justice Coalition Oral Testimony............................................... 76 Prepared Testimony........................................... 78 Michelle Bishop, Disability Advocacy Specialist for Voting Rights, National Disability Rights Network Oral Testimony............................................... 83 Prepared Testimony........................................... 85 LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING Item for the record submitted by the Honorable Louie Gohmert..... 98 Item for the record submitted by the Honorable Mary Gay Scanlon.. 116 APPENDIX Items for the record submitted by The Honorable Sylvia Garcia, Subcommittee on the Constitution, Civil Rights, and Civil Liberties...................................................... 126 Items for the record submitted by J. Christian Adams, President and General Counsel, Public Interest Legal Foundation.......... 142 PROTECTING THE RIGHT TO VOTE DURING THE COVID-19 PANDEMIC ---------- WEDNESDAY, JUNE 3, 2020 House of Representatives Subcommittee on the Constitution, Civil Rights, and Civil Liberties Committee on the Judiciary Washington, DC. The subcommittee met, pursuant to call, at 10:11 a.m., via Webex, Hon. Steve Cohen [chairman of the subcommittee] presiding. Present: Representatives Cohen, Nadler, Raskin, Swalwell, Scanlon, Dean, Garcia, Escobar, Jackson Lee, Johnson, Gohmert, Collins, Cline, and Armstrong. Staff Present: David Greengrass, Senior Counsel; John Doty, Senior Advisor; Madeline Strasser, Chief Clerk; Moh Sharma, Member Services and Outreach Advisor; Jordan Dashow, Professional Staff Member; Anthony Valdez, Staff Assistant; John Williams, Parliamentarian; James Park, Chief Counsel, Constitution; Keenan Keller, Senior Counsel, Constitution; Sophie Brill, Counsel, Constitution; Will Emmons, Professional Staff Member, Constitution; Katy Rother, Deputy General Counsel and Parliamentarian; Betsy Ferguson, Minority Senior Counsel; Caroline Nabity, Minority Counsel; James Lesinski, Minority Counsel; Ella Yates, Minority Director of Member Services and Coalitions; and Kiley Bidelman, Minority Clerk. Mr. Cohen. I want to start this session with a prayer. Dear God, we find ourselves in very trying times in this country, and we would ask that for those who are sick, to heal them, for those who have lost loved ones, you give them hope and faith and solace, for those who have lost their jobs or their well-being, that don't have nutrition or opportunities to take care of their families, give them faith that we will get through this, times will be better. And to the police, give them the fortitude to carry on. Put peace in all of their hearts and put understanding and acceptance and peace in the hearts of the protestors as well. And to the people who have rioted, give them understanding that there are better ways to go about their lives. Amen. All right. I would like to start this hearing. The Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and Civil Liberties will come to order. Without objection, the chair is authorized to declare a recess of this subcommittee at any time. I welcome everyone to today's hearing on protecting the rights of voters during the COVID-19 pandemic. I thank all of our witnesses for joining us today, and I thank my colleagues for adapting to this new format and continuing to serve the American people during these challenging times. This is the first hearing of the Judiciary Committee conducted under the new House remote proceeding rules. So we might have a few spots, but we will get through them. I would like to remind members that we have established an email address and distribution list dedicated to circulating exhibits, motions, or other written materials that members might want to offer as part of our hearing today. If you would like to submit materials, please send them to JudiciaryDocs-- Judiciary, capitalize J, Docs, capitalize D-o-c-s-- [email protected], and we will distribute them to members and staff as quickly as we can. It is also my understanding that the gentleman from Georgia, Mr. Collins, our former full committee ranking member, will be joining our subcommittee for the remainder of this Congress. Since the full committee has not yet been able to meet to formally ratify the subcommittee assignments that he will be assuming, without objection, Mr. Collins will be designated as a voting member of this subcommittee for the purpose of today's hearing. Welcome back, Mr. Collins. I will now recognize myself for an opening statement. We are in the midst of one of those moments in our Nation's history where confronting a confluence of crises, the way we respond to them will shape fundamentally who we are as a people. To begin with, we meet virtually today because we are in the middle of a global pandemic that has taken the lives of over a hundred thousand of our fellow citizens, a pandemic that has exacerbated preexisting inequalities, disproportionately impacting African Americans among other historically disadvantaged people. This disproportionate impact in turn reflects America's original sin, a sin that is recognized, yes, it is recognized, in our revered founding document, the United States Constitution, that sin of slavery, The systemic and pervasive anti-Black, White supremacist ideology that undergirded it and continued on through Jim Crow laws and a resistance to change, even to today, resulting in unequal opportunities and other consequences which we are still grappling with. Another tragic manifestation of this racist poison is the pattern and practice of daily police violence against African Americans and the justifiable rage that many Americans of all races feel in reaction. And we have seen that on the streets all over America, the peaceful protestors. In the past week thousands have taken to the streets across the country to call for an end to police violence and to affirm that Black lives matter. I stand in solidarity with all peaceful protestors and will do everything in my power as chairman to build a better, more just America, a goal which I have dedicated my entire public life to, starting back in 1977. It is in that vein that I am holding this hearing today. The issue that we are here to discuss, protecting the right to vote during the COVID-19 pandemic, is intrinsically tied to the protests occurring across this Nation. Police violence against Black Americans and suppressing the right to vote are two sides of the same coin. The coin of systemic racism has plagued our country since before its founding in 1619 where African Americans were first brought to this country as slaves. Think about it, 1619. That was 250 years before we became a Nation, we had slavery. From Jim Crow to the present, politicians, particularly in my home region, the South, but elsewhere as well, have sought to deny the ability of Black Americans and other people of color to vote. People with disabilities, language minority voters, and Native Americans, among others, have also had the right to vote undermined throughout our country's history, denying them a say in how our Nation is governed. Now we are dealing with a viral pandemic that is threatening the ability of most people to vote safely in our elections, but will have a disproportionate impact on voters of color, among others. States are being faced with a choice: Will they adapt to this new reality and ensure that everyone can vote safely in November or will they fail to act in the face of this historic challenge. We know what needs to be done. We must ensure that all Americans eligible to vote can cast their ballots by mail if they choose, and they shouldn't have to go through endless bureaucratic hurdles to do it. President Trump has said there is inherent fraud. That has been dismissed by about every academician who has studied this in past elections in Utah, Oregon, Washington, and even yesterday in Pennsylvania. But he also said when he made that tweet recently that he thought it would be the end of the Republican Party, which shows he is not thinking about fraud, but he is thinking about politics. The fact is many Republicans support mail-in voting and have benefited from it and been elected. Florida is one case in particular. States must proactively send out ballots to voters or at least send out applications for mail-in ballots to make it easy for people who fear getting ill and especially if there is a spike come November and even worse conditions and even more reasons to be concerned. We must also ensure that voters can safely cast their votes in person. For many Americans, such as people who have changed addresses recently or have certain disabilities, voting by mail is not a realistic option, and the most obvious way to ensure that polling places will not have large crowds and long lines is to spread out the voting period and allow people to cast their ballots early. The HEROES Act, which passed the House and is now sitting before the Senate, would mandate each of those things, and, critically, it would give the States funding they desperately need to carry all those out. If we can afford to give the Treasury Department $500 billion to bail out corporations, we can certainly afford the $3.6 billion it will cost to safeguard our democracy, the very basis of our cherished Nation's unique system of government with its source of power, the people. No American should have to choose between their health, possibly their life, and their sacred right to vote. Democracy, including the right to vote that underpins it, is the way our Founders intended for us to respond to whatever challenges we should face. It has been and must continue to be a defining characteristic of who we are as a Nation. I look forward to hearing from each of our witnesses gathered here and thank them for agreeing to appear and testify on this critical and timely subject. And at this point it is my pleasure to recognize the ranking member of the subcommittee, the gentleman from Louisiana, Mr. Johnson, for his opening statement. Mr. Johnson. Thank you. Thank you, Mr. Chairman, and thanks to everybody--thank you, Mr. Chairman, and thanks to everyone for joining us this morning. This is an important subject, and I really appreciate the tone, Mr. Chairman, that you started with and the prayer. Everybody needs that right now. Before we discuss the specific topic of today's hearing, I, too, want to just mention two things that I think are appropriate for us as the Constitution Subcommittee in the House. First, as you noted, this is the first public hearing we have had since the terrible event that occurred in Minneapolis last week, and there are some things that I think anybody objectively observing these events can see and should agree on. I mean, the facts show that Mr. George Floyd appears to have been the victim of murder, and I personally don't believe that a close review of the video can lead anyone to any other conclusion. And the tragedy has focused the spotlight, once again, as you said, on the deep-seated problems we still have in this country. I think all of us agree the crisis necessitates authenticate reconciliation and transformative solutions for systematic change. And I think we all agree that those are long, long overdue. The central idea of America is that we boldly declare the self-evident truths that all men are created equal. And for that reason, we are all endowed, the Founders said, by God Himself with the same inalienable rights. Because each of us is made in God's image, the Founders insisted and we still believe, that every single person has an estimable dignity and value, and our value is not related in any way to the color of our skin or what ZIP Code we live in or what we can contribute to society. Our value is inherent because it comes from above. Any fool who contends that he has some sort of natural right of supremacy over his neighbors violates not only the foundational creed of America that is articulated in the Declaration, but he also violates the greatest commandments of his Creator, and I think that is important for us to acknowledge. My prayer is the same as yours, Mr. Chairman, that God will heal our Nation and help us to see one another as He does. And we also pray that He protects the brave, honorable men and women who risk their lives every day on the front lines to serve in law enforcement, because they, too, are in jeopardy now. Looting and more violence in our Nation's streets does nothing to solve any of these problems. It makes it worse and it needs to stop, and I am sure we all--I know we all agree on that as well. The second point I want to make is that all of us recognize that the COVID-19 pandemic has dramatically affected our country, obviously in so many countless ways. We want to express our condolences to the families and friends of all those Americans who have lost their battle to this invisible enemy, and we want to applaud the doctors, nurses, first responders, State and local health officials, and the Trump administration, too, for taking crucial steps that have helped to stem the spread of the disease any further. I am grateful that President Trump instituted an early travel ban from China despite China's efforts to deceive the rest of the world about the effect of the virus. And I am grateful the President instituted social distancing guidelines and sanitation protocols and created a task force led by our Vice President, Mr. Pence, and several leading medical experts with decades of experience in public health. That has been very important for the country in our response. While we are all adjusting to the new normal of our Nation, I and the other Republican members of this committee are also, we have to say this morning, disappointed that our committee is not physically meeting in D.C. right now to conduct this important hearing. You know, if, we believe this, if grocery store workers and healthcare personnel and other essential employees can show up in person to do their job, we believe we ought to be doing the same thing. But on the issue of the hearing today, I just want to say this, and I will be brief. We all believe in the importance of our elections, that that is central to our Republic and our democratic form of government, and we want every eligible American to participate in every vote. We just don't believe the suggestions proposed by our colleagues on the other side of the aisle in regards to our upcoming elections are in the best interests of maintaining the integrity of our election system. Unfortunately, much of what has been proposed amounts to vast and broad Federal mandates for how States should run their elections. We believe the mandate for the Federal Government is quite clear. It is in the Constitution itself. The Elections Clause gives States the authority to administer elections within their jurisdiction. Congress does have the authority to override State laws to regulate Federal elections, but much like everything else in the government, States know best how to serve their citizens. They are in the best position to determine how to run their elections based on each State's individual needs. If enacted, we are concerned that the changes proposed by the majority will result in our Nation conducting elections only by mail and ballot harvesting being legalized nationwide. Those provisions will decrease public confidence in the election process at the worst possible time and increase the election susceptibility to fraud. Even The New York Times, it has acknowledged, quote, that, ``There is a bipartisan consensus that voting by mail, whatever its impact, is more easily abused than other forms,'' unquote. Similarly, the bipartisan Commission on Federal Election Reform that was co-chaired by former President Jimmy Carter and former Secretary of State James A. Baker, III, stated in its final report in 2005 that, quote, ``absentee ballots remain the largest source of potential voter fraud in American elections,'' unquote. In addition to the possibility of voter fraud, absentee voting also presents several practical problems when compared to in-person voting on election day or early voting at an official early voting location. We need to seriously discuss the implications that these practices will have on our elections. And putting aside the technological and logistical concerns about federalizing the election this close to November, we need to also seriously examine the accuracy of State voter registration rolls. There are several examples of States whose voter registration rolls outnumber the actual number of citizens in that State. Registered individuals should only be receiving one ballot, I know we all agree with that, and we need to ensure the United States Postal Service can deliver ballots on time and to the right people. While I acknowledge concerns about the pandemic and the election, now is not the time to upend this Nation's election system. There is too much at risk. We should be discussing how to vote in person and to do it safely in light of the new circumstances. We need to thoughtfully consider how the Federal Government can best empower States to make their own decisions regarding the election and to respond to their unique circumstances. I look forward to hearing from all of our witnesses today. I hope we can have a productive discussion. I thank you again, Mr. Chairman, for the tone and the opening, and I yield back. Mr. Cohen. You are very welcome, Mr. Johnson, and thank you for your statement. I would now like to recognize the chairman of the full Judiciary Committee, the gentleman from the Empire State, New York, Mr. Nadler, for his opening statement. Chairman Nadler. Thank you, Chairman Cohen, and thanks to all of our witnesses for joining us today. I want to note that although this is our first remote hearing, the committee has been hard at work since the outbreak of the pandemic. For example, we have held briefings and virtual roundtables to discuss issues such as price gouging during the COVID-19 crisis and the ways in which immigration authorities and prisons and jails are responding to the pandemic. These events all informed our efforts to include measures in the CARES Act and the HEROES Act in response to what we learned, such as more than $600 million to address the COVID-19 crisis in State and local prisons and jails and minimum standards for individuals in ICE detention, as well as provisions to encourage release of individuals who do not pose a risk to public safety. Other vital measures that we worked hard to include in the HEROES Act are bankruptcy protection for homeowners and significant funding for such critical programs as the Violence Against Women Act and the Legal Services Corporation. We have also passed legislation to ensure that public safety officers who die or become disabled as a result of COVID-19 will receive the benefits that they and their families deserve. And next week, as I announced over the weekend, we will hold a hearing to address issues related to police accountability. Even when we are spread throughout the country, this committee is hard at work, and I appreciate all the members for their efforts during these challenging times. I would also like to acknowledge this profoundly painful moment for our Nation. The wounds inflicted by centuries of racism and violence against Black Americans have once again been torn open, and in response thousands of Americans of all races have peacefully taken to the streets to exercise their constitutional rights and to demand change that is long overdue. We have a proud history of protests and demonstrations in this country that have led to much needed changes in public policy. But at the most basic level, we govern ourselves at the ballot box. Our leaders, from local sheriffs and prosecutors to Members of Congress and the President, are supposed to be chosen by popular will. That is what makes this country a democracy. It is at the very core of self-governance by the people. But our democracy will face a profound test this November. In the face of this global pandemic, we can no longer tolerate business as usual in our polling places. In fact, business as usual was already intolerable. The hours-long lines, purges of voter rolls, and red tape designed to suppress Americans right to vote all strike at the heart of our system of self- government. Now these hurdles today might even be deadly, and they raise the frightening and unavoidable question of whether we will be able to call ourselves a democracy at all. If this sounds alarmist, consider this. What is a system of government that deliberately winnows out voters because of their race or their income or their disability or because of where they live? What is a system of government in which politicians play games to keep away eligible voters who might threaten their hold on power? It is not a democracy; it is something else. And what is a government that makes its citizens choose between exercising the most fundamental constitutional right, the right to vote, and their most basic human right, to health and safety? So I would like to say directly to the American people, there is no sitting this out. Your elected representatives are either for our democracy or against it. We do not deserve that title if we deny you the right to cast your ballots this November or if we force you to choose between exercising that right and protecting your own health. That is why I support mandating that all States provide voters with the option to vote by mail this November and I support providing the necessary Federal resources to ensure that this happens smoothly. We must also preserve in-person voting options for those who choose not to vote by mail or are unable to do so, so that no one is disenfranchised. We can rise to meet today's unprecedented challenges and carry out free and fair elections in November despite the pandemic. As Chairman Cohen said, we know what needs to be done. But it will not happen without our focus and vigilance. Today's hearing is a first step in that process. I thank Chairman Cohen for holding this hearing. I look forward to hearing from our witnesses. And I yield back the balance of my time. Mr. Cohen. Thank you, Mr. Nadler. At this point we would normally go to the ranking member, but I understand Mr. Jordan is not present and/or does not have a statement, so we will go straight to our witnesses. We welcome our witnesses and thank them for participating in this important hearing. I will now introduce each of the witnesses and after each introduction will recognize that witness for his or her first statement. Your written statements will be entered into the record in their entirety. Accordingly, I ask you to summarize your oral testimony in no more than 5 minutes. If you can take less time, that would be great. Because of time constraints, I would strongly encourage you to limit those remarks perhaps to 3 if possible so that members have the maximum amount of time to ask questions. In the absence of a timing light, I will note orally when 5 minutes have elapsed and bang my gavel. There will also be a timer on your screen, so please be mindful of it. I will be strict in the 5-minute rule. Before proceeding with testimony, I would like to remind all of our witnesses that you have a legal obligation to provide a truthful statement and answers to this subcommittee and that any false statement you may make today will subject you to prosecution under Section 1001 of Title 18, United States Code Annotate. Our first witness is Jocelyn Benson, the 43rd secretary of state of the State of Michigan. Her responsibilities include ensuring elections are secure and accessible for the eligible Michigan voters. In addition to being an elected official, Secretary Benson is the author of ``State Secretaries of State: Guardians of the Democratic Process,'' the first major book on the role as of the secretary of state in enforcing elections and campaign finance law. Secretary of State Benson received her J.D. from Harvard Law School and previously served as dean of Wayne State University School of Law in Detroit, Michigan, which I visited with Chairman Conyers in past years. She is an expert on civil rights and election law. Madam Secretary, you are recognized for 5 minutes. STATEMENTS OF JOCELYN BENSON, SECRETARY OF STATE, STATE OF MICHIGAN; STACEY ABRAMS, CHAIR, FAIR FIGHT ACTION; J. CHRISTIAN ADAMS, PRESIDENT AND GENERAL COUNSEL, PUBLIC INTEREST LEGAL FOUNDATION; MYRNA PEREZ, DIRECTOR, VOTING RIGHTS AND ELECTIONS PROGRAM, BRENNAN CENTER FOR JUSTICE; TOM FITTON, PRESIDENT, JUDICIAL WATCH; DALE HO, DIRECTOR, VOTING RIGHTS PROJECT, AMERICAN CIVIL LIBERTIES UNION; BARBARA ARNWINE, PRESIDENT, TRANSFORMATIVE JUSTICE COALITION; AND MICHELLE BISHOP, DISABILITY ADVOCACY SPECIALIST FOR VOTING RIGHTS, NATIONAL DISABILITY RIGHTS NETWORK STATEMENT OF JOCELYN BENSON Ms. Benson. Thank you. Thank you for the opportunity to testify today. I started my career in Montgomery, Alabama, investigating hate groups and hate crimes throughout the country, and it was there where I developed and solidified my own commitment to continue the work of those who sacrificed so much to ensure that every citizen's right to vote is protected and secure. And today, as Michigan's secretary of State and our State's chief election officer, my work is informed and inspired by the work of many colleagues and advocates around the country, many of whom I am honored to speak alongside today. As a whole, secretaries of state are working across party lines to ensure our [inaudible] are accessible and secure in the midst of the COVID-19 pandemic and other challenges relating to the 2020 election. But we need your help. Democracy is a team sport, and we need a sustained and committed partner in our Federal Government to ensure voters have the needed certainty and clarity that our elections will be held on schedule and that their right to vote will be secure. The $11.2 million that Michigan received through the CARES funding was welcome, but it was not enough to fill the $40 million gap that these new challenges create for our State. Importantly, the HEROES Act will address these concerns effectively, and I urge everyone's support. But, for example, in 46 States and the District of Columbia voters this year will have a right to vote by mail, but as we saw just yesterday, that right is implemented with varying degrees of effectiveness. Federal funding and standards, the specifics of which are detailed in my written testimony, will go a long way towards helping avoid these variations this fall. Voters need clear choices on how to vote this year, and States need clear guidance and support in providing those choices. This need is particularly acute in cities in Michigan like Flint and Detroit, and in historically disenfranchised communities throughout our country, where voters' confidence and trust in their government is an additional challenge to overcome. I want to close by sharing a success story from Michigan. We have held two elections this year, one just prior to the pandemic hitting our State and one in the midst of it. In early May we held local elections, again in the height of the pandemic, and demonstrated that even in the midst of this moment, safe and secure elections are possible. To succeed in this election, we mailed every registered voter in a jurisdiction with an election an application and instructions on how to request their ballot through the mail and vote from home. We also provided a safe option for voters seeking to cast their ballots in person on election day. We aggressively recruited new election workers to ensure that no one had to work an election if they felt uncomfortable doing so, and we provided every jurisdiction with PPE, masks, gloves, et cetera, along with clear and explicit protocols on how to ensure 6 feet of distance between all election workers and voters. This gave voters options and enabled them to choose how to safely exercise their vote. The result was that turnout was double what it normally is for a May local election, and 99 percent of voters who participated in the May election chose to vote from home. There were no crowds in polling places, there were no long lines, and there were zero reports of fraud. This success demonstrated that it is indeed possible, with proper planning, policies, education, and resources, to ensure our elections this fall are safe, accurate, and secure. They also informed my more recent decision to again mail every registered Michigan voter an application and instructions on how they can vote by mail ahead of our August primary and our November general elections. Democracy can and will survive this pandemic, but we need your ongoing help, we need all of us working together across party lines, and investment and support to ensure that it does. Thank you. [The statement of Ms. Benson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Secretary Benson, and thank you for condensing your remarks in the interests of time. We will have questions for you. Our next witness is Ms. Stacey Abrams. Ms. Abrams is founder and chair of Fair Fight Action, an organization dedicated to advancing voting rights and electoral reform. In 2018 she was the Democratic nominee for governor of the State of Georgia, the first African American woman in U.S. history nominated by a major party as its nominee for governor. Prior to running for governor, she served in the Georgia General Assembly from 2007 until 2017, serving as the House minority leader from 2010 to 2017. She became the first woman to lead a party in the Georgia General Assembly and the first African American leader of a party in the State House of Representatives. Ms. Abrams received her J.D. from Yale Law School, her master of public affairs from the LBJ School of Public Affairs at the University of Texas in Austin, and her B.A. Magna cum laude from Spelman College. I note that Ms. Abrams has another commitment at noon Eastern, so we must endeavor to stick to our time limits so that every member who wants will have a chance to ask her questions. Ms. Abrams, thank you, and you are recognized for 5 minutes. STATEMENT OF STACEY ABRAMS Ms. Abrams. [Inaudible.] Sorry. Thank you, Chairman Cohen, Vice Chairman Raskin, Ranking Member Johnson, and members of the committee. I come before you today as a voting rights advocate, as the founder of Fair Fight Action, and as an American deeply concerned about the challenges facing our democracy, particularly in the era of COVID-19. Furthermore, I would do a disservice to millions of Americans if I, too, did not acknowledge the anger and anguish that link together our demands for justice and the right to choose our leaders, and through them, the policies that govern us through the profound power of the right to vote. Across our Nation we face a public health crisis, an economics disaster, continued distrust in our justice system, and a coordinated assault on our access to our democracy. Congressional action has been vital to respond to the pandemic, but access to the right to vote will determine how recovery and systemic justice are achieved. Financially exhausted States are reliant upon the compact made with the Federal Government for mutual aid in times of catastrophic events. To support and expand vote by mail, to place critical guardrails on access, to educate voters on their options, and to increase the safety of in-person voting, our obligation is to fund these changes. I appreciate what the House has done to acknowledge its fundamental obligation, and I urge your Senate colleagues to take immediate action to pass the HEROES Act. I was born in Madison, Wisconsin, and on April 7th I watched in horror as the cautionary tale of their election took place. None of us should forget the images of voters shivering in long lines and crowded into the vastly reduced number of in- person polling locations. The Wisconsin State Journal reports 71 known cases of coronavirus as a result of that election. The challenge is clear and uncontroverted. Crowded polling places pose a risk for voters and for the brave poll workers who risk their lives to help our democracy function during this pandemic. Our first obligation is to reduce the number of voters who will cast their ballots in person on election day through national access to vote by mail. All States have the current capacity. However, we must remove unnecessary barriers to participation and scale infrastructure to allow widespread use of this safe, tested, and auditable method of balloting. Furthermore, the American people want expanded access to vote by mail by a 2:1 margin, despite the false reports of potential fraud. Voter fraud of any kind is extremely rare. As The New York Times noted, after 20 years Oregon, has documented an infinitesimal 0.00001 percent incident rate of fraud. And when we look at the Nation as a whole, in 2016 more than half of the States reported zero substantiated allegations of voter fraud, another eight States reported one such allegation, and the remaining States found a de minimus number of cases, none sufficient to alter the outcome of elections. Recent election results also show that voting by mail offers neither party a partisan advantage. This finding confirms the fundamental truth: Our elections should not be partisan. The selections we make will be cast along party lines, but the process of determining our leadership should not be. Leaders of both parties should want higher participation in our democracy, regardless of who wins. America does best when we acknowledge our challenges and prepare for success. The solution to promote both public health and participation in our democracy is to expand access to vote by mail, to establish uniform guidelines for 2020 so that where we live in our country will not diminish our right to participate in November's elections. I thank you for the opportunity to take part in this important hearing, and I urge you to continue to protect access to our democracy. [The statement of Ms. Abrams follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you so much, Ms. Abrams. Our next witness is Mr. J. Christian Adams. Mr. Adams is the president and general counsel of the Public Interest Legal Foundation. From 2005 to 2010, he worked in the Voting Section of the United States Department of Justice. Prior to his time at the Justice Department, he served as general counsel of the South Carolina secretary of state. He received his law degree from the University of South Carolina School of Law. Mr. Adams, you are recognized for 5 minutes. STATEMENT OF J. CHRISTIAN ADAMS Mr. Adams. Thank you very much, Chairman Cohen, Chairman Nadler, Ranking Member Johnson, members of the committee. Thank you for the invitation today. I am the president and general counsel of the Public Interest Legal Foundation, a nonpartisan charity devoted to promoting election integrity and best practices for election officials. We have found numerous failures in election administration, and we know from Federal data that voting by mail is the most vulnerable form of voting, where hundreds of thousands of ballots have been rejected for defects and millions more end up missing or in landfills. The United States is not ready for an emergency national vote by mail scenario in 2020 and will not be. Putting the election into the hands of the United States Postal Service would have numerous problems. First, vote by mail would disenfranchise voters. It would move the election from transparent places where observers from both parties can monitor the process to moving it behind closed doors where the vulnerable and powerless are influenced by third parties. I have attached to my testimony a court opinion from the Southern District of Mississippi in the case of United States v. Brown. The committee can see plainly how vote by mail can abuse the most vulnerable. If you peruse the opinion from pages 17 to 21, you will see what ballot harvesting fraud looks like from the inside. Notably, the victims were poor and powerless. The victims were visited in their homes by politically connected vote harvesters, and the vote harvesters cast the ballots, not the voters. Elections should be in the open, in transparent places, where the vulnerable can be protected from the powerful trying to cast a ballot for them. Vote by mail also has logistical problems. The entire system was designed for in-person voting. We saw those failures yesterday in elections across the country and here in D.C. where tens of thousands of people in D.C. didn't return their ballot because they didn't get them in the mail. State election officials and even the U.S. Justice Department have been besieged by phone calls and complaints in the last few weeks about mail ballots never arriving. We do not have the administrative infrastructure to ensure a clean automatic mail election based on current lists. Finally, we found, for example, in Pittsburgh that people are not only registered twice or three times, that one voter was actually registered at seven active simultaneous times. My written testimony shows the seven separate public voter registration records for the same person. He was registered to vote seven times by an out-of-state third-party group in the weeks before the 2016 election. Under an automatic vote-by-mail plan, that person would get seven ballots. Thank you very much for your time and attention on this important matter. [The statement of Mr. Adams follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Mr. Adams, and thank you for taking just 3 minutes and saving us some time. I appreciate it very much. Our next witness is Ms. Myrna Perez. She is the director of the Voting Rights and Election Program at the Brennan Center for Justice at New York University School of Law. That is Chairman Nadler's district. She is the author of several nationally recognized reports and articles. She is a lecturer in law at Columbia Law School, also in Chairman Nadler's district, and has served as adjunct professor of clinical law at the NYU School of Law, still in Chairman Nadler's district. She received her law degree from Columbia University Law School, master's in public policy from Harvard Kennedy School of Government, and undergraduate degree from Yale. Ms. Perez, you are recognized for 5 minutes. STATEMENT OF MYRNA PEREZ Ms. Perez. Thank you, members, for having me. In this time of reckoning for the country, I briefly map out five critical needs that each State must address to ensure that no voter is left behind during this pandemic. My written testimony provides more details and a voluminous resource appendix. But the single most important thing that members of this committee can do to protect our elections against COVID is to play your part in getting State and local election administrators additional financial resources. Funding aside, here are the needs. First, we must expand registration opportunities. The moment we are in now makes plain that our democracy works best when we are all heard. At this time in past Presidential election years, we would be seeing an increase in voter registration rates. We are not seeing that now, and this is no surprise. Government agencies that provide voter registration are closed. Community groups that ordinarily register voters are unable to do in-person outreach. Accordingly, the States that don't have online registration should provide it and the States that do should boost their capacity. All online registration systems should account for the fact that some Americans do not have DMV IDs, some Americans have disabilities, and some prefer to conduct important business in another language. Also, the digital divide is real, so all Americans must have lower tech registration options, too. Second, all eligible Americans must have the option to vote by mail. Now, every State in this country has absentee or mail voting for at least some of its citizens. That option should be available to every eligible American so that no voter has to expose themselves or others to the coronavirus. Americans from all walks of life want to vote by mail. We know this because of polls and we know this because of the increase in the amount of requests for mail ballots. Despite some incendiary and untrue rhetoric, vote by mail is a necessary, secure, and sensible option, especially now, for the November elections. Of course, there are maybe some witnesses making a lot of hay out of the rare instances of abuse. There is zero dispute that appropriate safeguards should be in place, and they are. In fact, there are multiple layers of security for each ballot. That is why the instances of fraud are so rare. Third, we must provide safe in-person voting options. I want to point out that no one thus far has been talking about only mail elections. Even if more voters will vote by mail this November, the country is still going to need an adequate number of polling places. Why? Lots of reasons. Polling places are needed fail-safes because there are going to be inevitable glitches as we scale up to the massive increase in vote by mail. There are some Americans who are very deeply attached to in-person voting. Some voters need language assistance or have physical or visual impairments that make in- person voting a necessity. And, finally, some voters have mail address issues or problems with unreliable mail service. States and localities should offer sufficient hours and days of early voting to reduce crowds and minimize lines. Polling places should be frequently cleansed and in venues suited to comply with physical distancing. Poll workers and voters need PPE and disposable implements like pens to mark paper ballots or Q-tips to press buttons. Four, we must educate voters about the election process. Voter education is more important now than ever because of changes to primary dates and mail voting rules and because misinformation and disinformation are real threats that are occurring today. Finally, we must be prepared for new cybersecurity threats. Resources that should have been available to secure election technology now have to be diverted to making sure that elections actually happen this November. We must continue to audit and test all of our electronic systems, particularly online registration and mail ballot application systems that will see greater use. Additionally, we need risk limiting and other post-election audits to ensure that we can trust our result tallies. Fortunately, in many places officials of both parties are working on it. We need more of that. I am going to end with where I started. The changes needed to leave no voter behind require resources. We estimate that it will cost close to $4 billion. Ultimately, the smooth administration of the November election will depend in large part on the levels of support that elected officials like yourselves are providing to election administrators and voters during this crisis. I am hopeful that members of this committee will model the leadership and commitment our country desperately needs right now on these topics. Thank you. [The statement of Ms. Perez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Ms. Perez. Our next witness is Tom Fitton, and if I am wrong, please correct me when you start. He is president of Judicial Watch, a position he has held since 1998. Judicial Watch describes itself as a public interest group that investigates and prosecutes government corruption, seeking to ensure that the government and judicial officials act ethically and do not abuse the powers entrusted to them by the American public. Judicial Watch primarily seeks access to government records, files Freedom of Information Act and other public records lawsuits, and engages in other forms of civil litigation. Mr. Fitton--or ``Fyton''--has had over 20 years of public policy experience. He received his B.A. in English from George Washington University. You are recognized for 5 minutes, sir. STATEMENT OF TOM FITTON Mr. Fitton. Thank you, Chairman Cohen. And like the other participants, we really appreciate your prayer at the beginning. Unfortunately, for years Americans have been losing faith in the integrity of our elections. Gallup has been tracking this for years. Last year they asked if Americans have confidence in the integrity of elections and the honesty of elections specifically. Only 40 percent of Americans said yes, 59 percent said no. And, frankly, this isn't helped by plans like Governor Newsom's who issued by an executive order recently requiring that county election officials transmit mail ballots to every registered voter in the State. I view this as the real threat to the integrity of our elections. In 2005, back when there was a bipartisan understanding about the threat of voter fraud and its connection to vote by mail and absentee ballots, the Carter-Baker Commission noted that absentee balloting is vulnerable to abuse in several ways. Blank ballots mailed to the wrong address, to large residential buildings might get intercepted. Citizens who vote at home, at nursing homes, at the workplace, or in church are more susceptible to pressure, overt and subtle, or to intimidation. Vote-buying schemes are far more difficult to detect when citizens vote by mail. We are particularly concerned about ballots being mailed to the wrong address. Voter registration lists throughout the country are out of date, containing registrations for voters who no longer live at the stated address, who have died or are otherwise ineligible to vote. The Pew Research Center from many years back found that there were 24 million, or one out of every eight, active voter registrations in the United States that were no longer valid or significantly inaccurate. At least 1.8 million deceased individuals were listed as active voters at that time. I don't think things have gotten much better. Data states provided to the Election Assistance Commission in 2019 showed hundreds of U.S. counties with voter lists containing more registered voters than there were citizens over the age of 18, meaning that the registration rate was over 100 percent, and looking at that data, we concluded there were at least 2.5 million extra registrants on our voter rolls. The extra registrations include both outdated and currently active registrations, as well as inactive registrations that are pending removal. Note that even inactive registrations can still be voted upon on election day. This doesn't require a voter to use a provisional ballot. The voter just needs to show up and say or affirm his or her address typically, and in many States that can be done just through an oral representation. To be clear, the poll worker asks the voter if he or she lives at the listed address and the voter just says yes. At that point the voter can vote. Many counties have lists containing outdated registrations, as I said. Allegheny County, Pennsylvania, after we warned them about this, removed nearly 70,000 names from their lists because people hadn't voted within the legally required two election cycles. It only removed them after receiving a warning letter. North Carolina's own public data shows nearly a million inactive registrations. Pennsylvania admits to 800,000 inactive registrations. We have sued those States to try and clean those rolls up. Governor Newsom's executive order in California seems particularly cynical. While he is relying on emergency powers in the face of the pandemic to order all-mail-ballot elections, he notably has failed to restrict ballot harvesting under State law, which means that people will be showing up and interacting with people as they gather ballots, increasing, obviously, the likelihood of health issues. Public health is cited as justification for mail ballots but is absent when talking about the massive ballot harvesting schemes being foisted upon or the attempt to foist ballot harvesting schemes on Americans. Look, in the end, this crisis, this pandemic has blown up our economy, it has suppressed our liberties. Let's not let it blow up our elections. [The statement of Mr. Fitton follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, sir. I appreciate your getting done in time, too. Next our witness is Mr. Dale Ho. Mr. Ho is the director of the Voting Rights Project for the ACLU, the American Civil Liberties Union. In that role, he supervises the ACLU's voting rights litigation and advocacy work nationwide. He currently has active cases in dozens of States around the country. He has testified on election law issues before the Congress and in various State legislatures. He is also an adjunct clinical professor at NYU School of Law. He received his J.D. from Yale, his undergraduate degree from Princeton. Mr. Ho, thank you. You are recognized for 5 minutes. STATEMENT OF DALE HO Mr. Ho. Chairman Nadler, Chairman Cohen, Ranking Member Johnson, and members of the subcommittee, the COVID-19 pandemic presents the greatest challenge to elections administration since the 1864 Presidential election was conducted during the Civil War. We will likely have fewer poll workers and polling places than in 2016 and more voters assigned per voting location than ever, all in the midst of a deadly pandemic that has already killed more than 100,000 Americans. If we truly believe that no American should have to choose between protecting their health and exercising their right to vote, we must follow the CDC's recommendation to allow all Americans to use voting methods that minimize direct contact with other people and reduce crowd size at polling locations. But this is a big challenge. More than 80 million Americans voted in person on election day in 2016. We must help our fellow citizens and States shift to more early and absentee voting than ever. That is why the ACLU has actively advocated in more than 30 States and filed 10 lawsuits since the pandemic began, winning rulings in Virginia, Montana, and South Carolina. This morning my colleagues are arguing by video conference at a hearing in Chairman Cohen's home State of Tennessee for the right to vote safely by mail during the pandemic. Protecting the health of our fellow Americans and of our democracy itself is not a partisan issue. Take it from the Republican National Committee, which recently sent a mailer in Pennsylvania proclaiming that, quote, ``Voting by mail is an easy and secure way to cast your ballot.'' It is the height of bad faith that a President who himself votes by mail and the Attorney General would in recent remarks seek to undermine the American public's confidence in no-excuse absentee voting, which the majority of States currently offer, 33 in all, including several represented on this subcommittee, such as North Dakota, Ohio, and Pennsylvania. And of the 17 States that normally don't, 12 have relaxed their requirements to allow voters to vote absentee during their primaries, including Indiana, New Hampshire, and West Virginia. Following ACLU lawsuits, South Carolina did the same. And Missouri passed a bill that, if signed, will also do so. These 12 States are a broad coalition of so-called red, blue, and purple States, and they show that it is not too late. States can adjust now to protect every American's right to vote safely during the pandemic. They must maintain that commitment in November. There remain only five States currently refusing to let all voters vote absentee, Tennessee, Louisiana, Texas, Mississippi, and Missouri. Voters in these States, including the constituents of many members of this committee, must have the same right to vote safely during the pandemic that everyone else in this country has. The ACLU, therefore, supports the VoteSafe Act, H.R. 6807, introduced by Congressman Clyburn and Senator Harris. Among other things, it authorizes $5 billion for elections administration, including health and safety at polling places, and requires States to permit no-excuse absentee and early voting this year. States are already seeing unprecedented levels of absentee requests. For example, Pennsylvania had an 18-fold increase in such requests compared to 2016. States need Federal support for printing and processing more mail-in ballots than in any previous election. Congress has rightfully authorized trillions of dollars in spending to respond to the COVID-19 crisis. In this context, $5 billion is a rounding error. We urge the inclusion of the VoteSafe Act in any additional COVID legislation this year. And as Ranking Member Johnson noted, we must ensure that the Postal Service can do its job. That means ensuring it has full funding to remain solvent. It is a small but critical price to safeguard our democracy. Thank you. [The statement of Mr. Ho follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Mr. Ho. Barbara Arnwine is our next witness. She is president and founder of the Transformative Justice Coalition. She has previously worked on matters including the passage of the landmark Civil Rights Act of 1991 and the 2006 reauthorization of provisions to the Voting Rights Act. Currently, she also serves as co-chair and facilitator of the National Commission for Voter Justice, the Millennial Votes Matter Convening, and the Voting Rights Alliance. She was the head of the Lawyers' Committee for Civil Rights Under Law from February 1989 to June of 2015, and she holds the honorific title of president emeritus. She has taught at Columbia University School of Law. Ms. Arnwine holds degrees from Duke School of Law and Scripps College. Ms. Arnwine, you are recognized for 5 minutes. Thank you. STATEMENT OF BARBARA ARNWINE Ms. Arnwine. Yes. Thank you so much, Chairman Cohen and Ranking Member Johnson and all the members of the subcommittee. I just want to talk and add and supplement what you have heard already. Virus voter suppression is our new reality. I have been writing about voter suppression, the 61 forms of voter suppression--you can find it at votingrightsalliance.org-- laying out what has been confronting our country since 2011 in this modern era. But now, because of COVID-19, we are seeing an era of virus voter suppression. In Texas, we have 16.2 million voters totally confused about can they, in fact, vote if they are afraid of COVID or, like in the State of Missouri, they are in a hospice or if they are in a nursing home or if they have comorbidities. And the courts have been [inaudible]. And Ken Paxton, the Texas AG, has been threatening to, in fact, raise criminal penalties against voting rights groups. We also know that another thing we have not talked about yet is that in the national press there have been articles reporting on threats by bad actors to actually place 50,000 vigilantes, so-called voter challengers, at polls, talking about they are going to recruit and facilitate the participation of voter challengers who are former military and former and off-duty police officers, and we know that the targets of these actions, as we have seen in the past, are polls where there are voters of color. I have had to stop such programs in Louisville, Harrisburg, Pennsylvania, and other places. I also wanted to be point out that, as Myrna Perez pointed out, that we need to really address right now in massive voter registration campaigns, including drive-up voter registration, which has been used now by some people and is having some great success. We need to institute massive voter outreach and voter education. And we did not talk about one of the big problems that we had in 2016 that led to some of the decrease in African American voter participation, and that is the problem of disinformation and foreign interference. And we know that that is still a problem and the big techs have not done enough to address that problem, especially Facebook. So we need to create massive rapid response systems to combat voter disinformation. Another thing that hasn't been mentioned is that of the 214 million-plus registered voters, some 8.7 percent are on what is called inactive lists. If you are on an inactive list in many of these States, you do not receive a mail-in ballot. You will not receive an application. You have got to go through a process to clean up whatever the issue is. And we believe there should be aggressive outreach to the 18 million people in our country who sit on inactive lists. We also believe that there are--as we know, there are over 18 million people who have been purged over the last several years who have no clue that they have been purged from the voter rolls. They also deserve active outreach. These are the important things. In the voter options, of course, vote by mail is only one option, and it really should be viewed as only one option, because vote by mail has several impediments for people of color communities. And I am not going to get into those. Those are laid out in my testimony about what we could do to make sure that those are not barriers. But we have also have got to have, in addition to expanded early voting, we need drive-up voting. We have found out--one thing nobody talks about is that in the States that have modeled vote by mail, they have---- Mr. Cohen. You are coming up on the 5 minutes. Wrap up. Ms. Arnwine. And that actually concludes my testimony. Thank you so much, Mr. Cohen. [The statement of Ms. Arnwine follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. You are welcome, Ms. Arnwine. Thank you for appearing before the committee and for your work. Our final witness is Michelle Bishop. Ms. Bishop is the disability advocacy specialist for voting rights at the National Disability Rights Network, where she is responsible for coordinating voting rights initiatives in every U.S. State, district and territory, as well as providing training and technical assistance to the nationwide network regarding voting rights and access for voters with disabilities under the Help America Vote Act. Ms. Bishop received her master of social work and social economic development from Brown School of Washington U in St. Louis and a bachelor of arts in sociology and English literature from the State University of New York at Geneseo. Ms. Bishop, you are now recognized for 5 minutes. STATEMENT OF MICHELLE BISHOP Ms. Bishop. Thank you for the opportunity to testify today representing the National Disability Rights Network, or NDRN, which is a nonprofit membership organization for the federally mandated Protection and Advocacy, or P&A, network. Social distancing is our best line of defense from the threat of COVID-19. And, naturally, vote by mail is a critical piece of the puzzle for keeping elections safe during the pandemic. It behooves elections administrators to allow for as many voters as possible to choose voting from home for their own safety as well as the health of their fellow voters and elections personnel. Reducing in-person turnout in 2020 is, unfortunately, necessary to enable in-person voters to properly social distance while voting and allow poll workers to sanitize between voters. Therefore, now is the time to relax deadlines for requests in return of mail ballots. Now is the time to eliminate barriers like requirements for doctor notes, notaries, and witness signatures. These extra hoops to jump through pose a health risk for voters with disabilities and particularly those that are immunosuppressed, who are under stay-at-home orders or are in quarantine, that must then break their self-isolation to access doctors, notaries, or witnesses simply to be able to vote. Even with these measures in place, it should be noted that traditional vote-by-mail systems are not and have never been accessible to voters with disabilities. People who are blind or low vision, have print disabilities, limited literacy, limited manual dexterity, and other disabilities cannot privately and independently mark, verify, and cast a hand-marked paper ballot. States that not have already done so must immediately implement some form of electronic ballot delivery or remote accessible ballot marking system that provides an electronic ballot to voters who choose to vote from home. These technologies are widely available and have been in use reliably for years in primarily vote-by-mail States and for military and overseas voters. When vote-by-mail systems are not made accessible for voters with disabilities, we, in essence, ask people with disabilities, who are considered the most vulnerable under COVID-19, to be the only voters who take to the polls and assume the personal health risk of in-person voting while their non-disabled peers have the privilege of voting from the safety of their homes. That said, voting by mail is not and may never be a panacea. Many of the remote accessible vote-by-mail systems currently market ready or in use by voting jurisdictions across the Nation make vote by mail significantly more accessible, but not fully accessible. As a result, in-person voting locations must be available to the greatest extent possible and follow Centers for Disease Control and other federally recommended health guidelines for COVID-19 safety. Early voting periods and hours for in-person voting must be extended for several weeks before election day to reduce congestion at the polls and allow for social distancing. The number of ballot marking devices or other accessible voting stations must also be significantly increased at every polling location, and voters should be allowed to vote curbside. Even in States where curbside voting is not currently allowed, its use would ease accessibility and Federal compliance issues that will inevitably arise from the limited number of available polling places and unexpected relocation of polling places, as well as to allow voters at greater risk in regard to COVID-19 to limit their exposure. Many Members of Congress have stepped up to propose legislation to help address these issues, including the HEROES Act and the VoteSafe Act. NDRN calls on Congress to work together to pass a bill that will address the safety issues raised around voting during this time as well as ensuring accessibility for people with disabilities. Congress must also act now to pass the PAVA Program Inclusion Act and provide the territorial government and P&A of the Northern Mariana Islands, as well as the Native American Disability Law Center, with desperately needed HAVA funding to ensure access to the vote for Pacific Islanders and Native Americans with disabilities. Extending funding to the only two P&As excluded from the Protection and Advocacy for Voter Access program is a simple and no-cost legislative fix. Finally, Congress and the U.S. Department of Justice play a critical role in ensuring that elections are fair, accurate, safe, and accessible. The delicate patchwork of Federal laws that protect the rights of voters with disabilities must be protected, restored, and enforced to their full capacity. We call them Americans with disabilities because they are, first and foremost, Americans, and their civil rights, as well as the health of all voters and the health of our democracy, depend on it. Thank you. [The statement of Ms. Bishop follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cohen. Thank you, Ms. Bishop. That concluded our witnesses. We will go to the period of questions. Each member will have 5 minutes to ask questions, and I will start with myself. For Ms. Abrams, thank you for joining us today. Out of all the challenges that you and other witnesses have described in carrying out the election this November, what worries you the most? Is it intentional voter suppression, or is it sheer incompetence, or some combination of the two? Ms. Abrams. Ms. Abrams. Thank you, Mr. Chairman. Let's understand that voter suppression takes three forms: Can you register and stay on the rolls, can you access a ballot, and can you get your ballot counted. As a number of the witnesses have testified, voter registration remains a challenge as does voter purging based on false information and poor, to use your language, incompetence often that removes people from the rolls unnecessarily. But what we also have to focus on is the ability to cast a ballot. As Ms. Bishop pointed out, the challenge that we face is that there are populations that only have one method of casting their ballot. Because of disability, because of language barriers, because of homelessness or displacement due to eviction through foreclosure through COVID-19, or because they are unable to participate otherwise in the process of voting by mail, they need to go in person. And so my deep worry is that because we focus on one or the other to the exclusion of one of those processes, we do not use the full toolbox at our disposal and we invalidate the opportunity to vote. And I would like to point out to this committee that South Korea, which began experiencing COVID-19 infection rates at the exact same time as the United States, managed to scale up a national election on April 15th that had the single highest voter turnout they have seen in 30 years. They did it through a combination of investing in vote by mail, but also meeting the guidelines for health protection when people went to vote in person. That is why the critical nature of the HEROES Act says that we don't pick one or the other, but we absolutely fund the States, as Secretary of State Benson pointed out, we fund States to scale up their existing capacity. Thirty-four States vote by mail already. Sixteen States have--34 States have vote by mail with no excuses, 16 require excuses, and as Mr. Ho pointed out, there is only a handful of States right now that are refusing to expand that access because of restrictions on who can provide the excuse. But if we do all three, if we provide in-person voting early, in-person voting on election day, and vote by mail, then we will not have to face the questions of incompetence because any challenges to the voting process can be met by allowing people to utilize another methodology. Mr. Cohen. Thank you, Ms. Abrams. Secretary Benson, President Trump falsely accused you of illegally sending millions of mail-in ballots to Michigan voters. Can you explain what Michigan actually did, and in your mind, is this a partisan issue? Ms. Benson. Thank you for the question and the opportunity to again restate and clarify exactly what we did in Michigan. One, we feel that educating voters about their choices and rights in the midst of this pandemic is exactly the job of secretaries of state and chief election officers right now. What I did in Michigan, as several of my colleagues in West Virginia and Iowa and Nebraska and Georgia have also done, is simply mail an application to every registered voter for them to request to vote by mail and receive a ballot through the mail in August, in our August primary and in our November election. Now, that is something that in particular has been called by the voters I serve and work for in their effort to amend our Constitution in 2018 to create a right to vote by mail for every citizen in our State. So in my view, this is not nearly a partisan issue and certainly shouldn't be one. The responsibility and authority that secretaries of state have to educate and inform citizens about their rights, particularly in this time of great uncertainty, and give them the clarity as to how they can exercise the vote, regardless of who they vote for, it is critical. And I also want to mention two things, if I can, because there has been a lot of misinformation also about what happens when you get an application and why this is so different than getting a ballot. An application simply enables the voter to both affirmatively request that they would like to vote by mail and confirm their identity when they do so. It actually enables us to clarify and clean our list in a way that ensures that we are accurately delivering a vote by mail to our citizens who are rightfully registered to vote and addressing issues as they may arise if there are voters who may have been recently deceased who on our list that we then can learn about and take steps to remove. So the other piece of this is our effort in Michigan has actually enabled us to increase the integrity of the elections, to increase the---- Mr. Cohen. Secretary Benson, let me ask you this. Did any Republicans complain about the results of the election and claim there was fraud in the absentee votes? Ms. Benson. No, not in the May election. Mr. Cohen. Yes. Yes. It was mentioned that the post office didn't get some ballots delivered on time in D.C. If a person asked for an absentee ballot and doesn't get it on time, can they not still go to the election booth if they can make it and ask to vote in person? Ms. Benson. Yes. At least in Michigan, which I can state with authority. In Michigan, if you don't--one, we can track when ballots have been received. We are implementing a voter tracking system so that voters can track that receipt and return of ballots as well so that they can plan ahead. But yes, if for whatever reason you haven't received or just have chosen not to return your ballot prior to the election, you will always have in Michigan the option to show up in person, surrender your ballot if you have it, or simply vouch that you voted and then vote in person. Mr. Cohen. Thank you. Mr. Ho, my time is running out. You mentioned that Tennessee is having an election of the jurisdiction, a court action. Even if the suit is successful, what are some of the dangers having these issues decided by the courts? Mr. Ho. Thank you for that, Chairman Cohen. So you broke up for a minute there, so I wasn't quite sure what your question-- -- Mr. Cohen. We are in court right now in Tennessee. What are some of the--if the suit is successful, even if it is successful, of having these issues determined in court rather than by the legislature? Mr. Ho. Well, I think it is best for these kinds of issues to be resolved in advance of the election and as far in advance of the election as possible to give elections authorities the time that they need to prepare. I think that is obviously the ideal way to do it. But where a legislature won't do that, such as in the case of your home State of Tennessee, there is no choice. If we want all voters to have the option, the choice not to risk their health when they are exercising their right to vote, we have no choice but to go to court. And that hearing is underway right now as I speak in Chancery Court in Davidson County. Mr. Cohen. Thank you, Mr. Ho. My time is up, and I would now like to recognize Mr. Johnson for 5 minutes. Mr. Johnson. Thank you, Mr. Chairman. I will get right to it. The first question is for Mr. Fitton. In May, House Democrats passed the HEROES Act, as has been discussed, and it included various proposals aimed at federalizing the election process. One of those proposals, as we know, is ballot harvesting. That is still a term that is unfamiliar to a lot of Americans who haven't experienced that. Could you briefly explain what ballot harvesting is and why it is so susceptible to fraud? Mr. Fitton. Well, ballot harvesting in the way critics have described it, such as Judicial Watch, would allow third-party strangers to go around and collect ballots and then allegedly deliver them to polling places or locations where ballots are collected. And in California, they have an extreme version of ballot harvesting that has virtually no regulation about who can do it, whether they can select someone based on whether they are Democrats or Republicans. They don't have real checks in place to make sure ballots are delivered. And obviously when you have third-party strangers going around collecting ballots, that is a recipe for voter intimidation. It is one thing to allow in emergency circumstances a terribly, for instance, infirm person to have their spouse deliver a ballot for them. It is far different to have party operatives and interested third parties roaming the streets, knocking on doors, and demanding or, quote, asking for ballots. It is a recipe for voter intimidation, and that is why it is largely banned across the country. We rightly opposed what happened in North Carolina with that ballot harvesting fraud, but of course, ballot harvesting was illegal in North Carolina, and you can see why because of the temptation for fraud. So the bill that is out there, as best I can tell, would nationalize this intimidatory ballot harvesting scheme, upend the voting laws in terms of voter ID in 35 States, and undermine the security, to the extent it is available or has been implemented in the few States that are pursuing it, in absentee ballots. Talk about causing chaos on election day. To do this so quick, so close to election day is just irresponsible, in my view. Mr. Johnson. Thank you very much. Mr. Adams, Democrats have also proposed that States, when an election is held, quote, ``in an area in which an emergency or disaster,'' unquote, is declared will automatically mail absentee ballots to registered voters in that area. And your organization, the Public Interest Legal Foundation, found that 244 counties, spanning 29 States in addition to the District of Columbia, had voter registration rates over 100 percent of the population. How might these bloated registration rolls lead to increased fraud if the States adopt all-mail voting? Mr. Adams. Right. And we have upped the game of just looking at that ratio where we have actually looked at the rolls. As you see in my written testimony, individuals like Rashawn Slade in Pittsburgh are registered seven different times. We have duplicate registrations around the country. People get on the rolls in multiple States. If you have automatic vote mail mailouts, Mr. Ranking Member, you would have people like Rashawn Slade getting seven ballots to vote in the Pennsylvania election. That is not good policy, no matter what the need. Mr. Johnson. Very good. Mr. Fitton, back to you. The Election Clause in the U.S. Constitution gives each State the authority to administer elections within its jurisdiction, and it only gives Congress the authority to step in to regulate Federal elections, as we know. But arguably, States are best positioned to administer elections to address their own unique needs. Do you agree with that sentiment? And if so, what challenges do you foresee if every State is forced to administer an election in the same manner? Mr. Fitton. Well, one size fits all isn't going to work. You have the Baker-Carter Commission note the example as being the exception that proves the rule. Just because it may work in Oregon doesn't mean it will work in other States. In States where you have populations that are moved in and out more quickly, you have tremendous risk to having all-mail voter fraud or increased risk for voter fraud as a result of having these mail ballots flood the system--both, frankly, applications and ballots directly. You know, the concern is, are the States doing sensible steps to make sure that people are able to vote on election day? And, look, what we are hearing about today is a plan that has been in place long before COVID. So they are using, in my view, the pretext of the pandemic as an excuse to get a policy proposal that will undermine election integrity. Why oppose voter ID? Why oppose Federal law that requires States to take reasonable steps to clean up the rolls? Why oppose even the notion of citizenship verification? To me, that is setting up the steal. And the American people have the right to have confidence in their elections. And when I hear about the rare instances of voter fraud, I get frustrated. If it is your vote that is stolen, it is your right that is destroyed. Mr. Cohen. Thank you, sir. Appreciate it, Mr. Johnson. Mr. Johnson. I yield back, Mr. Chair. Mr. Cohen. Thank you, sir. Our next questioner is Mr. Nadler from New York for 5 minutes. Chairman Nadler. Thank you, Mr. Chairman. Secretary Benson, we are hearing a lot today about voter fraud. Could you briefly describe what Michigan does to ensure that mail-in ballots are legitimate, the ways that States can do this without suppressing the right to vote, and particularly comment on what Mr. Fitton said about ballot harvesting? Ms. Benson. Sure. I will start with the ballot harvesting. Of course, it is illegal. And the term ballot harvesting does not appear in Michigan law. But, you know, if the question is about whether a person can drop off another person's ballot, there are really only limited circumstances in which that is allowed and generally only by an immediate family member or someone the voter shares a home with. But importantly, the signature check has on multiple levels our confirmation that the only person voting a ballot, returning a ballot is the voter themselves. That signature takes place--the signature check takes place both when the application is returned and the voter requests a ballot to be sent to them. That signature on that application is matched with the voter registration signature. And then, secondly, when the ballot is ultimately returned, the voter must sign the outside of the envelope, and that signature is then matched to all the other signatures we have on file. And as any expert will tell you, it is significantly harder to forge a signature than it is to create a fake ID. And so, in our view, in my view, that signature check enables us--and this is a time-tested method that has been in place in States for decades--to ensure that the people returning ballots, voting the ballots, are the voters themselves. And, two, if there is any effort to create any fraud in the process, that we catch it and that we prosecute it swiftly and effectively. Chairman Nadler. And more generally, how frequently have you seen incidents of election fraud in your State, whether from mail-in ballots or in-person voting? Ms. Benson. Evidence of fraud is infinitesimal in Michigan and in many other States, some that have been doing vote by mail for decades and others around the country. And again, it is infinitesimal, as several studies have consistently shown. And, secondly, in the rare times when it does occur, we catch it and we prosecute it. Chairman Nadler. Thank you. And Secretary Benson, Attorney General Barr recently said that he was worried about foreign governments sending fake mail-in ballots to manipulate our elections. Several State election officials have said this concern is baseless, including because States closely track ballots when they mail them out in the first place. Does it seem plausible to you that a foreign government could mail in counterfeit ballots in Michigan? Ms. Benson. No, it does not. And to me, that more strikes to what is the bigger issue facing our elections and our electorate this year, which is the effort to sow seeds of doubt in the integrity of the process, and in that way, harm voters' confidence in the elections and in their results. That effort to push back against misinformation, false information about our elections process is one of the most important efforts that we all need to be engaged in across party lines this year. Chairman Nadler. Thank you. Ms. Abrams, in this moment of profound pain across our Nation I am especially troubled that the American people may be losing faith in our institutions of government and in our democracy itself. What would you say to potential voters who are worried that their ballots won't be counted or who have lost faith that their participation matters? Ms. Abrams. Thank you, Mr. Chairman. I think the most effective statement we can make is that we want every eligible voter to be able to cast their ballot and to protect their health. One of the challenges facing our Nation is a deep suspicion about the value of every voice and the value of every person in our Nation. And to the extent that we know a disproportionate number of those dispossessed in our process are people of color, namely African Americans, it is a critical moment for us to demonstrate that their access to the ballot will not be impeded because of situations beyond their control. We watched people get sick in Wisconsin standing in long lines, forced to crowd together because of diminished polling places in order to cast a ballot for their future. And we know that the 2020 election is going to necessarily draw a great deal of attention because we are not only running a Presidential election, we are running elections that are going to determine everything from district attorneys, county sheriffs to state legislators and governors. And so we want every American who has the right to vote to know that they have the freedom to do so and the access, and that access will not exist if we have limited means and people have to put their lives at mortal risk in order to cast a ballot. That simply reaffirms the belief that we do not value their humanity, and that is an inappropriate statement for any American to make, especially political leaders, who are charged with ensuring access to our democracy. Chairman Nadler. And that is why mail-in voting is so crucial. Ms. Abrams. Absolutely. Mail-in voting is part of the process. But again, there are going to be populations that cannot use mail-in voting. So let's be clear. We don't want--I do not advocate for universal mail-in balloting. I advocate for mail-in balloting in the 2020 election in response to the COVID pandemic that allows every eligible American the option to mail in their ballot rather than put their life at risk by standing in a crowded line in likely reduced polling places unless we have to because they have no other option. Chairman Nadler. Thank you, and I yield back. Mr. Cohen. Thank you, Mr. Chairman. Appreciate it. Our next questioner will be Mr. Gohmert of Texas for 5 minutes. Mr. Gohmert. Thank you, Mr. Chairman. And I, too, appreciate the way you started this hearing. I have been used to Christian beliefs being belittled by the majority too many times since your arrival in 2007, so I am really honest in saying how much I appreciate the tenor with which you started this hearing. I also want to express thoughts and prayers going out for George Foley--I am sorry--George Floyd's family and all of those. It is just tragic, the looting and rioting we have seen, especially costing minority businesses their life's work, a real tragedy, and we need to bring about this same type of feeling that we have had in this hearing. We can disagree but not get violent, not destroy people, or for goodness sakes, Italia Marie Kelly, who was killed by a protestor and her sister. You know, it wasn't a cop. It was one of you people, the protesters, that kind of stuff. We all need to encourage that kind of thing to stop. And I keep hearing in this hearing, though, about the concern over the COVID-19 or coronavirus, but I haven't heard any of our witnesses for the majority express that concern about the protests, the rioting, and the looting, whereas in many places we are not even allowed to go unless we wear a mask, but that is those of us who are trying to be law-abiding. Mr. Fitton, do you recall the aftermath of the election in 2000 and--well, 2000, 2001, who it was that was screaming for election reform and that every single county, every parish, everybody needed to go to electronic voting? And they pushed the majority, Republican majority into passing a Federal law mandating--unfunded mandating--requiring electronic voting. Do you recall that? Mr. Fitton. Yes. Many on the left objected to the outcome in Florida, how it was determined, and obviously that was impacted by the controversy over paper ballots, so there was this push for electronic voting. Generally speaking, all the voting machines that were engineered as a result of that money, they are all getting old, and they all need to be replaced. And there is no secure way to vote over the internet. We don't have the technology to do it. We don't have the competency to do it. And the least second most secure way to vote is over the mail. If you want the vote--if you want to be sure your vote is counted, the best way to do it is to show up and vote. And to hear inflammatory rhetoric that you are choosing your life over your vote is just not appropriate, and it causes people to be nervous about voting. That is as suppressive as anything I have heard, telling people they are going to die or likely to die if they vote. We can see that people will exercise their First Amendment rights if they think it is important. Voting is important, and they will vote in person. They should be able to vote in person without being scared to death about doing it. Mr. Gohmert. Well, we have already heard in this hearing that we watched Wisconsin voters getting sick, and that occurred on April 7, 2020. But they--my understanding was Wisconsin held that vote without the mail-in mandate and actually they did not see a spike in COVID-19 cases. Are you familiar with what happened in Wisconsin? Mr. Fitton. I am not aware of any public health impact to voting in person. And the COVID pandemic is receding. We now know that the concerns about it were largely overblown. If you have true concerns, in many States you can vote by absentee ballot. Frankly, I think absentee ballots are too readily available, but the law is what it is. And this is a solution in search of a problem. If you want to vote by mail, you likely can. So let's stop fooling people, and let's start preparing for the election rather than trying to upend the election. The time has passed. We have got to be printing ballots this month. Mr. Gohmert. Before my time expires, I needed to ask unanimous consent. This is an exhibit authored by Christian Adams and Hans Von Spakovsky, ``COVID-19 and Ebola: What We Can Learn From Prior Elections.'' I would ask that be made part of the record, without objection. Mr. Cohen. Without objection, it will be done. [The information follows:] MR. GOHMERT FOR THE OFFICIAL RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Gohmert. And I meant to get to Mr. Adams, but my time has expired. Thank you. Mr. Cohen. Thank you, Mr. Gohmert. You are ahead of me on the time clock. Mr. Raskin is next, 5 minutes. Mr. Raskin. Thank you very much, Mr. Chairman. And our GOP colleagues have started with praise of you, so I am going to start with a word about Mr. Johnson, because I am always carried away with his eloquence. But I was especially struck today that he began by denouncing the cold-blooded murder of George Floyd by Officer Chauvin. And he also called--and I wrote it down, but please correct me if I got it wrong, Mr. Johnson--he called for transformative solutions for systemic change, which is a beautiful phrase that I am going to hang on to whether or not he actually said it, but I think that he did. But with that, I think I have got to depart from my friend from Louisiana because when he started to talk about elections, he lost me. He said States know best on how to run their elections. Well, of course that is true, but States also know best how to steal elections, how to suppress the vote, how to depress the vote, and how to disenfranchise African Americans and racial minorities. So when he says this is no time to upend elections in America, my friend, the elections in America have been upended by the COVID crisis. And we don't have to get into a blame game about whether, you know, you think that Donald Trump has engaged in the most exquisite and perfect management of a pandemic in American history or you think it has been an absolute debacle. Regardless of where you want to pin responsibility, we have lost more than 105,000 of our people, 2 million people have been sickened, 40 million people have been thrown out of work, and the elections have been thrown into disarray not by any of the secretaries of state like the wonderful secretary of state we have just seen from Michigan or any of the voting rights activists. They have been thrown into disarray by COVID-19. Ohio had to close 125 polling places because they were in retirement homes or senior living centers. We have seen tremendous poll worker shortages across the country because most poll workers are retirees. They are older Americans, and many of them are following the Centers for Disease Control recommendation not to go outside to be in groups. Sixteen States, including my own, Maryland, have had to postpone their primaries. And when one was prevented from doing so, Wisconsin, we ended up with 71 cases of COVID-19 of people who stood in those long lines wrapped around the block as they struggled to get into, I think it was, four or five polling places in all of Milwaukee, as many, many polling places didn't open in the State of Wisconsin because there was nobody to run them. So come on. Get real. And to have Mr. Fitton come out here and say that concerns about COVID-19 are overblown is just extraordinary and baffling to me. I suppose no one in his family or no one he knows has been affected by COVID-19, but the idea that the concerns have been overblown is just outrageous. Now, let me start with a question for Mr. Ho. You said something that was really astounding. You said that the Republican National Committee had sent out a mailer saying that mail-in voting is an easy and secure way to vote. And yet, the Republican witnesses today are testifying against vote by mail and are undermining vote by mail. Can you explain that? Did you get that wrong? Are you misquoting them, Mr. Ho? Mr. Ho. No. There is a mailer that the Republican National Committee sent to all Republican voters in Pennsylvania, which I cited and included a screen shot of in my written testimony, encouraging voters to vote by mail, celebrating the fact that everyone in Pennsylvania can do so, and assuring them that it is a, quote, convenient and secure way to cast your ballot. This is not, aside from a few voices, this is not a partisan issue. States across the political spectrum have no- excuse absentee voting. Many States, again, across the political spectrum are going farther than that and mailing ballot applications to all voters, States like Georgia, Iowa, Nebraska, Ohio, West Virginia, and most recently, Wisconsin. I think everyone understands it is common sense to help Americans vote securely and safely in this election. Mr. Raskin. Thank you. And if I could just shift to Stacey Abrams, just picking up on what Mr. Ho said. I understand 33 States have vote by mail, a voting from home option. That is 66 percent or two-thirds of the States. You say that all Americans should have a vote by mail option. And if the vast majority of people already have a vote by mail option, where is the opposition coming from? This is just bizarre to me. Ms. Abrams. Thirty-four States have no-excuses vote by mail, 16 States have some version of vote by mail. So all 50 States plus the District of Columbia offer vote by mail. The challenge is the access. And it is those States that have constrained access or those States that need to scale up who are going to request it. We saw this play out yesterday in Pennsylvania where the number of people requesting vote by mail because they can outstripped the capacity of the States to meet the need. The issue is not that it can't be done, it is that the States require support to make it so, and we need guardrails. Just to address the question, it is not--we are not trying to force States to all conform in exact ways to the same elections, but we are trying to set a floor for what the basic understanding of being able to participate in our democracy looks like in the midst of a pandemic. We are setting a floor, not a ceiling. Mr. Raskin. Thank you. And finally---- Mr. Cohen. Your time is up, Mr. Raskin. I am sorry. Mr. Raskin. Thank you, Mr. Chairman. Mr. Cohen. You are welcome. Next is Mr. Collins from Georgia. Welcome back. Mr. Collins. Thank you, Chairman. It is good to see you again, and I look forward to the time when we can do this in person as we go forward. It has been really interesting to me, and it is interesting that my friend, Mr. Raskin, we have engaged in rhetorical flourishes together for many years now, and it is interesting, though, that what I just saw went from praising work that we can all do together, which needs to happen on the issue of police action, which I am encouraging our chairman, I am glad to hear we are going to have a hearing next week on that, because what happened in Minneapolis was nothing but murder. And we have seen it in Georgia, down here and in other places where we just have--our society has to come to grips with this. And you, I think, Mr. Cohen, and others, Ms. Jackson Lee and others, were on the police working group that we had a few years ago, and we need to continue that. So I am glad the chairman is looking for that. That is what needs to happen. But today's flourishes are interesting to me, and I am concerned about the discussion here going forward because the wording that is used here is something that is bothersome in the sense of let's take what actually is happening. Let's take mine and Ms. Abrams' home State of Georgia. And the interesting issue here is, is that we have been working--and, unfortunately, Georgia, frankly, because of some things that have been said by Ms. Abrams and others on the committee and throughout across the country, has been held up as a place in which suppression and voters were not encouraged to vote, and simply, the numbers don't show that. And in fact, from 2014 to 2018, African American male and female went up 12 percent, 14 percent, 13 percent of White males, 16 percent female. White and Hispanic voter participation has increased from 18 to 24 percent in our State of Georgia. When we look at this and we are talking about the no-excuse voting, which, again, I go back to--and a quick question here, because I have a question, because I know that Ms. Abrams is very precise in her wording. And you used in your wording in your opening statement ``uncontroverted.'' And I would assume, Ms. Abrams, that you would agree with me that uncontroverted means it is with truth and validity, not disputed or denied, correct? That is a question. Ms. Abrams. I was attempting to turn my mike--my microphone on. Mr. Collins. Okay. I have that problem too. Ms. Abrams. As for the definition of the word ``uncontroverted,'' yes, I would agree with your definition. Mr. Collins. Okay. Well, then, the question, and this came up several times here, we keep bringing up Wisconsin, yet a Stanford and World Health Organization study that says that there is no correlation between rise in COVID cases in Wisconsin because of the voting. There may have been more, 71 cases, as you said, but there has been no rise overall. And the question is, of those 71, can it be definitively determined that they caught it at the voting place? So it is very interesting we should say that this is uncontroverted, and your wording was it broke your heart to see them standing in long lines. Did it also break your heart to see folks standing in long lines in Fulton County and DeKalb County because local officials there chose to limit their voting machines and limit their polling locations? We need to make sure that we continue this process and honest discussion and not rhetoric that tends to scare people. The question that comes into my mind here--and I want to go back. There was a discussion, and it has been stated by some of the Democratic members, it has been stated by the chairman earlier, it has been stated by you, Ms. Abrams, and others that you are being forced to choose, forced to choose. And we just got off the discussion with Mr. Ho, and he was talking about how many--and you actually thought it as well--how many have no-excuse absentee voting. Now, I will agree with you that there are other people that may have--that those voting preferences need to be encouraged. I would encourage that. Everybody needs to vote. But my question is, where is the choice to put your life in danger if in such as our home State of Georgia anyone can request an absentee ballot and get it? Where are we--is that not just use of overblown language to say that in States like Georgia and others, to make a political point that we are just saying nobody can vote? That seems a contradiction. Ms. Abrams, are you going to answer that? Ms. Abrams. I will try to address all of the questions. First and foremost, the number of 71 cases have been directly related to April 7th, according to the Wisconsin State Journal, which is in my testimony. Number two, no one has claimed that voting has created an overwhelming majority of cases, but there is a direct correlation and that is uncontroverted based on the evidence before us. As to the---- Mr. Collins. I will stop you there, Ms. Abrams. Ms. Abrams, can I ask you this? Because I want to go back to something, because uncontroverted means not disputed. And you are a fabulous attorney. I have known you for a long time, but I will say that, and somebody will politically use it against me. But I am going to say this. You understand that--and I am saying that April 7 is the start date for those, all 71, to have received the virus at that time, that is probably not a provable statement. And to keep stating it is a provable fact is not being a forthright and honest discussion of what happened in Wisconsin. Ms. Abrams. To continue my response, the issue of who has a choice to vote, it is not a choice if you apply for an absentee ballot but the infrastructure of the State is insufficient to meet your request. That is the reason for the request for funding, because in the State of Georgia, for example, yes, millions of people have requested a ballot, but not everyone has received it because the State does not have the funding at the local or State level to meet the needs, and that is going to be expanded when we get to November. But I not only represent the State of Georgia. The work I do is across the entire United States. And so I speak for voters in every single State in our Nation, particularly voters of color, who wish to use this choice to vote by mail but may not be able to if their State is insufficiently funded with [inaudible] right to vote. Mr. Collins. Well, I would agree with that, but---- Mr. Cohen. Mr. Collins, your 5 minutes are up, and I thank you. Mr. Collins. I yield back. Thank you. Mr. Cohen. You are welcome, sir. Thank you, Ms. Abrams. Next is on the Democrat side, Mr. Swalwell. Mr. Swalwell. Thank you, Chairman. And I think we would be tone deaf if we didn't recognize the moment our country is in right now. And I did welcome the opportunity in a bipartisan way for this committee to live up to the role that it has played in the past, to work on civil rights legislation, to protect Black Americans from police abuses, continued police abuses. But going to voting, which, of course, relates to the plight of African Americans in our country, I want to ask, Ms. Abrams, you are familiar with H.R. 1, the For the People Act. I just want to know, in Georgia, what would that legislation, if it was signed into law, what would it mean for an upcoming Georgia election considering some of the voting abuses we have seen in your State in the past? Ms. Abrams. Thank you, Representative Swalwell. I want to address a statement made earlier, which is that there is some correlation between increased participation and the absence of suppression. In fact, we know that in the United States, often we see as a response to suppression an attempt to respond by increasing presence. That does not mean that every person who attempts to participate is allowed to do so. That is the moral equivalent, as I have said before this committee, to the committee, that because more people get into the water, suddenly there are fewer sharks. That is not the correlation that we should use, and it is not the appropriate test of access to our democracy. What H.R. 1 would provide is a solution to a number of the challenges that folks in Georgia face. Number one, automatic voter registration and same-day registration would solve the challenge of exact match and the voter purges that have plagued the State of Georgia, particularly for African Americans in our State. The additional language that permits expanded access to the right to vote across the country would absolutely guarantee voters of color more direct access. Black and brown voters are the most likely to have their absentee ballots rejected. They are the most likely to be subjected to more restrictive voter ID laws. And let's be clear, there is no--there is absolutely no contest with the notion of being able to prove who you are. The challenge with voter ID laws is that they become more and more restrictive, thereby eliminating people who should otherwise be able to cast a ballot, including a 100-year-old woman in the State of Wisconsin who when they passed their law, because she could not provide a birth certificate because she was born during segregation in Missouri, was disallowed from voting for the first time in more than a decade. That is the challenge that gets addressed by H.R. 1. We remove the barriers to voting, we remain protective of our democracy, but we also expand access to everyone who is eligible to participate. Mr. Swalwell. Ms. Abrams, does voting by mail go as far back as the Civil War? Ms. Abrams. It does, indeed. Voting by mail--sorry. Mr. Swalwell. Go ahead. Ms. Abrams. Yes. Mr. Swalwell. And today, a soldier in Afghanistan who does not have a ballot box that they can go and vote at, are they voting by mail? Ms. Abrams. They are, indeed. Mr. Swalwell. And are their ballots any less secure than a vote by mail here at home? Ms. Abrams. They are not. In fact, under UOCAVA, we have made appropriate mechanisms available in every single State to guarantee access to vote by mail, which is why the controversy around expanded access is so perplexing, because we have States that permit it. And what we are saying is that in the midst of a pandemic that has robbed most States of the economic resources they need, that the Federal Government as part of our mutual aid compact should step up and provide the resources necessary to allow every State to participate in our democracy. And that is why we have the United States. It is why we have this joint relationship between States and the Federal Government. And it has worked during the 1918 pandemic, during the Civil War, and it works every single election cycle for our military. Mr. Swalwell. And did you know, Ms. Abrams, that last month in California's 25th Congressional District, there was a 100 percent vote by mail election where the President said that it was going to be a fraudulent outcome, and a Republican, Mike Garcia, was the winner? Did you know that? Ms. Abrams. Not only is that true, but we know in the State of Utah, they use 100 percent vote by mail. Vote by mail does not privilege one community over the other, but equal access guarantees that there is equal participation, and that should be the goal of a democracy. Mr. Swalwell. And Ms. Abrams, are you aware of any recent polling about support for voting from home by the American people? Ms. Abrams. According to a Washington Post/ABC News poll, it is a 2 to 1 margin of support for vote by mail because people do not want to have to make the choice of risking their lives even on the most infinitesimal chance when there is a logical and logistical way to solve the problem, particularly because it protects then those who have no choice but to vote in person. Mr. Swalwell. Thank you, Ms. Abrams, and thank you to our witnesses. I yield back. Mr. Cohen. Thank you, Mr. Swalwell. I want to thank the Republicans for allowing us to move the hearing up an hour so that Ms. Abrams could participate. She has to leave at--I believe it is noon, 1 o'clock maybe Eastern time. If Mr. Armstrong--Mr. Cline is next--if Mr. Armstrong or a Democrat has a question for Ms. Abrams, you can ask it now, and then that time will be taken from the time you have your 5 minutes. Mr. Armstrong, do you have a question? Mr. Armstrong. I don't. Mr. Cohen. Thank you, sir. Does a Democrat have a question for Ms. Abrams? If not, we will proceed to Mr. Cline. And if you would ask--if you have a question of Ms. Abrams, if you would ask it first, and then we will proceed on. Mr. Cline, you are recognized for 5 minutes. Mr. Cline. Thank you, Mr. Chairman. I want to thank you for your opening remarks and for the opening prayer. And our thoughts and prayers are with the American people during this difficult time. It is an unprecedented time in the history of our Nation. In the midst of a global pandemic, citizens will be asked to do their civic duty by participating in elections, not just in November but in primaries and in local elections. And just last month, cities and towns in my home State of Virginia held local elections. Not only did they appear to have been held without incident, but in some cases the turnout was higher than in previous elections. COVID-19 has changed how we live our lives with every decision we make, weighing the risks of our actions, whether it is grocery shopping, planning doctors' visits, and even now voting. As election day approaches, it is important for us to consider what we can do to ensure that it is conducted safely, securely, with strong protections against fraud, and fairly with accuracy. While I believe that my colleagues on the other side of the aisle would agree with those goals, I am concerned that H.R. 1 and their proposal to federalize essentially our election process would largely impede those goals. The Constitution vests States with the responsibility to administer elections. That is because each State is best positioned to run their own elections. And even more concerning than the prospect of losing a State's ability to best address the needs of their own citizens and localities is the potential of fraud that federalizing elections could cause or encourage. Although I support absentee balloting and support recent efforts in Virginia to move to an all absentee or no-excuse absentee balloting, I am concerned with some of the proposals for mail-in voting, especially as it applies to those States that don't have updated voter rolls. When you vote in Virginia absentee, the voter must request the absentee ballot. They have to fill out the ballot in the presence of a witness, although during COVID-19 that has been waived. And they must sign the envelope before returning it to the registrar. We take appropriate measures to ensure that anyone who needs an absentee ballot receives one, and anyone who returns a completed absentee ballot has their vote counted. You know, as the U.S. Election Assistance Commission has noted, maintaining accurate voter registration lists is essential to protecting election integrity, and that is where we have differing standards all around the country. While COVID-19 has presented us with challenges, Congress has stepped up and acted by passing the CARES Act, which provides around $400 million to help States and to prevent, prepare for, and respond to coronavirus domestically and internationally for the 2020 Federal election cycle. And I want to ask Mr. Fitton, it has been suggested that States, when an election is held in an area in which an emergency or disaster is declared, automatically mail absentee ballots to registered voters in that area. Do you have any concerns with that proposed order, with an all mail-in voting requirement absent updating the voter registration rolls? Mr. Fitton. Yes. Specifically in California, we have a settlement with the State of California, Los Angeles County, where they are removing right now up to 1.6 million names from their rolls. Our analysis from last year found 14 counties totaling over a million extra names on the rolls. So in theory, all those folks would get ballots because they are still registered to vote. And Newsom's plan, aside from its legality, whether he has the authority to do it, it is bad policy. Look, I understand that we need to be prepared for a potential surge in absentee ballot requests, but it is the wrong way to vote if you are concerned about secure voting. It should be resolved-- it should be reserved for emergency situations, our military deployed overseas. And if you want your vote to be secure and counted, the best way to ensure that is to go vote in person. And we have these concerns about COVID-19. How does that comport with this massive push for ballot harvesting, which is illegal virtually everywhere? Ballot harvesting means people going around and taking ballots in person from people. This is the old adage, never let a crisis go to waste, and the left is doing it here. It is going to--this debate is undermining our confidence in elections because it is confusing people. They can vote in person. They can pursue mail-in ballots as appropriate if they need to. But we should be encouraging people to vote in person. That is the best way to be sure that votes are secure and counted. Mr. Cline. Thank you. Mr. Chairman, in the interest of time, I am going to yield back. Mr. Cohen. Thank you, Mr. Cline, very much. Ms. Sheila Jackson Lee has a question for Ms. Abrams, and she would ask that briefly. Ms. Abrams. Ms. Jackson Lee. Mr. Chairman, thank you very much. Ms. Abrams, thank you so very much. How important is it to ensure that in a mail ballot program that individuals who receive that then desire to vote in person, that there is protection for that individual, those individuals? Was I heard? Mr. Cohen. Is Ms. Abrams still with us? Voice. No. Mr. Cohen. She has left? I am sorry, Congresswoman Lee. I didn't see your request in time. We had gotten started. So no time will be taken from you. And we will now recognize Ms. Scanlon for 5minutes. Ms. Scanlon. Thank you very much. I am honored to be able to participate in this first virtual hearing by the Constitutional Subcommittee of House Judiciary. It is so important that Congress be able to conduct its essential business for the American people at a time when one of the most essential things that we can do is to limit the spread of COVID-19 and protect those whose physical presence is essential by maintaining social distancing whenever we can. And of course there is an obvious parallel between this virtual hearing and one of the central topics in our discussion today, which is the important role of voting by mail to allow voters to exercise their essential constitutional right while maintaining social distancing during a public health emergency. I represent Pennsylvania, and has been noted by several speakers, we had our primary election yesterday. Last year, in its wisdom, the Pennsylvania Legislature overwhelmingly passed broad voting reforms, including no-excuse mail-in ballots, and they did so on a strong bipartisan basis, 70 percent of both houses. Yesterday was the first opportunity for voters to use the system, and there is no denying that there were some challenges in implementing it, largely because of the COVID-19 epidemic, which has killed more than 6,000 Pennsylvanians already. We had almost 2 million Pennsylvanians apply for mail-in ballots. And while this presented logistical challenges, by and large, it ran smoothly, and we are all going to be working together, State, local, and Federal, to improve the process for the fall. One thing that was absolutely clear was the need for additional resources, for scanning, printing, and processing these ballots. One of the biggest issues we had at the polls yesterday was staffing, given the disparate impact of COVID-19 on the seniors who we typically rely upon to staff our polling places. Many polling places had to be consolidated. And so I got a message from a friend who was working at the polls yesterday, and she was really shocked and horrified by how many people refused to vote by mail and instead clogged the polling places because they had heard the President's derogatory statements about voting by mail. She said that, you know, she is really concerned as a healthcare professional that the lack of adequate mail-in voting is going to trigger another wave of coronavirus in our region, and we have just come out of a peak. We would like to avoid another one. It was interesting. Last week on my way back from our voting session in D.C., I heard the Republican secretary of state in Washington share her State's success with mail-in voting in an NPR interview entitled ``Lessons to Learn From Washington State's Decades-Long Experience of Mail-in Voting.'' And I would ask unanimous consent to enter that transcript in the record. Mr. Cohen. Without objection, it will be done. [The information follows:] MS. SCANLON FOR THE OFFICIAL RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Scanlon. Thank you. I wanted to turn for a minute to the issue of disability voting. Ms. Bishop, even under normal circumstances, without a pandemic raging, our voting systems are often inaccessible for individuals with disabilities. And I introduced the Disabilities Voting Rights Act, which was included in H.R. 1, to try to get our State and Federal officials to invest in mail-in voting and making polling locations more accessible. Can you speak to concrete steps we should be taking to ensure that voting during this pandemic is accessible and that individuals with disabilities are not prevented from participating in the vote? Ms. Bishop. Absolutely. And thank you for that question. We talked a lot today about the importance of mail-in voting as a way to keep voting safe, especially to deter congestion at the polls. And I think that is critical during COVID-19. But what we can't overlook here is even the way we describe it, mail-in voting, voting by mail, what we are essentially describing is a paper ballot that is inherently inaccessible to people with disabilities. And I think the most obvious example of that, if I were a voter who was blind, and I went to my polling place, and you gave me a paper ballot and a pen, and you asked me to mark it privately and independently which is my right under Federal law, I can't do that. So if you mail the same ballot to my home, I don't magically regain my vision when I sit down at my kitchen table. That ballot is still inaccessible to me. We have to have options that make mail-in voting accessible to people with disabilities. And, fortunately, they exist, and they have been in use for years, particularly in States that have prominent vote by mail systems. And honestly, any State under the MOVE Act has to provide it for our military and our overseas voters. Electronic delivery of blank ballots and remote accessible vote by mail systems are making it significantly more accessible for people with disabilities to access vote by mail. It is not a quick fix, it doesn't make it fully accessible for all voters, but it does drastically improve the accessibility, which in the time of COVID-19 means that more voters will be able to opt to vote by mail and won't be forced to make that decision to go to the polls and risk their health to be able to cast their ballot. So it is critical that any States that don't currently offer electronic ballot delivery broadly to their voters expand it right now and make that an option for all voters. Ms. Scanlon. Thank you. And I believe my time has expired, so I will yield back. Mr. Cohen. Thank you, Ms. Scanlon. Our next questioner will be Mr. Armstrong. And Mr. Armstrong, thank you. You are recognized for 5 minutes. Mr. Armstrong. Thank you, Mr. Chairman, and thanks for having this hearing. It gives me my sporadic opportunity to educate people on how we do things in North Dakota. And I think I would start with saying there truly are no Federal elections. There are only local elections that elect Federal officers and Federal elected officials. And I know that because North Dakota has probably the easiest voting in the entire country. We have no voter registration. We have a 30-day residency requirement. We allow felons to vote when they are out of prison. And we are proud of all of those things. And I think that is one of the problems I have, and have significantly, with how we are doing this. And just to be clear, during this primary during COVID, we are doing vote by mail throughout the whole State. It was actually fairly easy for us to set up because we have a number of vote by mail counties already that are almost exclusively vote by mail. But as is always the case when we try and do these things from a Federal level, when we are attempting to solve [inaudible] a perceived problem somewhere else, it will cause problems in places like mine. There are things we do very well, but we do them in the aspect of being a very, very rural State. Requiring 20 days early voting in a State--in a county with 700 people doesn't make any sense. And in fact, we have spent many years in different counties and different jurisdictions to get this right. We have places that have extended early voting, and then we have places that shorten it up but have it open significantly outside business hours. We do a lot of those things. The other thing we do with all absentee and early voting is require that it is postmarked a day before the election. North Dakotans want to know the result of their election on election day. But just other things that exist in all of these different proposals that make it difficult. Mandating that when a declared emergency exists that it is automatically vote by mail is pretty interesting for us. What most people call weather emergencies, we usually call Tuesday. In varying degrees in some place or another within our State, there is a national--or there is a Federally declared emergency, whether it is for drought, flood, blizzard, all of those different things. These proposals forbid ID requirements for vote by mail. We need voter ID because we don't have voter registration. It would be contrary to North Dakota State law. And there is a conflict with all of those different things. But as we spend so much time talking about how we deal with voter registration and the different issues involved in that, again, North Dakota doesn't have it, and so we deal with different things. And I have to say, too, even as we are doing this right now in North Dakota, you want your population to have confidence in the ballot, in the voting process. And in our secretary of state's zeal and effort, which I applaud, to ensure that everybody had the opportunity to vote, I should also say that if more than three-fourths of the ballots that have been requested by absentee voting in North Dakota are returned, this will be our highest voter turnout in the history. I anticipate that probably won't be the case and we will be closer to at or slightly above average. But when we do this, I mean, we are seeing--and this is--I mean, people are getting ballots sent to their house, ballot applications sent to their house for people who haven't lived there in three generations, and those types of things cause voters to cause concern over that, and we need to continue to move forward. So I guess my question for either--well, I suppose Mr. Fitton. As we nationalize these things, for a State like North Dakota we would have to completely revamp how we do our voting. And in our case, it would actually be more restrictive, not less, to our citizens. Isn't that correct? Mr. Fitton. Yes, that is the concern here. You have this national plan that is being proposed that would upend the voting laws in all States in some form or another, and from our perspective most importantly, the laws that secure the votes, such as voter ID laws. Now, most Americans support voter ID in significant numbers, both Republican and Democrat. This is a noncontroversial issue, other than some hardcore activists on one side who oppose voter ID using fraudulent numbers and reasons for doing so, in my view. Look, you should be able to vote in November. We all agree on that. We want people to be safe. We also want the votes to be secure. Blowing up the system now is the wrong thing to do, whether at the national level or even State by State, where you get confusion reigning as opposed to reassuring voters their votes will be counted in the ordinary course, in the ordinary way, just vote as you normally are used to doing so, we will get through it. What we are hearing now is an effort to disrupt the elections, not to secure them. Mr. Cohen. Thank you. Mr. Armstrong, your 5 minutes are up. I now have another reason to think well of North Dakota other than what used to be called small college football, ice hockey, and those are the two I mostly know. But now calling, you all do great, and you. Mr. Armstrong. Thank you, Mr. Chairman. Mr. Cohen. You are welcome. Thank you very much. Next is Ms. Dean for 5 minutes. Ms. Dean. Thank you, Mr. Chairman. And I thank you and the ranking member for your thoughtful opening to this first hearing of our subcommittee. I am pleased to be a part of it. I am mindful of the moment of extraordinary difficulty in our country and in our world. I am going to start with my first question, if I may, for Secretary of State Benson. As my friend and colleague Mary Gay Scanlon pointed out, yesterday was primary election day here in Pennsylvania, delayed due to the pandemic. It was a test to see how prepared we are in managing for November's general election. It is a tough time for every State. We are figuring things out as we go, and naturally there are going to be some problems. For example, a good problem is 161,000 folks in my county of Montgomery County applied for mail-in ballots. This is the first time we have had that opportunity. The county had estimated perhaps maybe 20,000 or 30,000 based on 2016 absentee ballots of only 9,000. So instead a whopping 161,000 voters sought to seek a mail-in ballot. Unfortunately, some of the problems that we have experienced, and they are learning, is that for some voters their ballots went out by market mail instead of being marked priority mail. For those who aren't familiar, that is the same type of postage indicia that would be spam mail, delaying its delivery for as long as 10 to 14 days if not more. Some of my own constituents, including a member of my own staff, did not get their ballot in time for this election even though they applied in time. So there are lots of problems we can expect. That is just one important one. But, Secretary, from your experience, as you pointed out, printing more ballots costs money. Mailing more ballots costs money. Ensuring our polling places are safe and well equipped costs money. Our Postal Service is on the front lines and needs resources, and our local and State governments need our Federal support. Secretary, as the official responsible for administering your State's elections, in what areas or issues of election administration have you felt those lack of resources? Ms. Benson. Thank you very much for your question and for pointing out exactly what we have learned here in Michigan, which is that with resources, with sufficient funds [inaudible] it appears the solutions to address a lot of these concerns are out there and can be implemented. But lacking those resources, you will lead to--it is hard to adapt a system that previously was primarily in person to a system that is predominantly voting by mail quickly. Now, we were able to do that in Michigan. In 2018 voters amended our law, similar to Pennsylvania, which I know was a new law, to have a right to vote by mail. And so like many other States, we saw a significant influx in our March 10th Presidential primary and anticipating another influx in the fall of people voting by mail. But the benefit that we and Pennsylvania and other States have is that States like Colorado and Washington, as was mentioned earlier, Oregon, and even to a certain extent California, have been doing this work, have been allowing vote by mail in robust systems in their States for decades. So we have an opportunity to learn from both their mistakes and their best practices and with appropriate resources import a lot of the systems they have developed, the technology that they use, the people, the people power that is necessary as well, and the education tools that is needed to ensure voters know what their choices are, what their option are, and that they are empowered to fix challenges if they don't receive their ballot on time, which for many different variables can oftentimes occur despite the best intentions of everyone involved. So we cannot overestimate the importance of these resources in enabling us to anticipate and solve these problems before we prepare for November, and the HEROES Act does provide sufficient resources, I believe, to enable us all to do that. Ms. Dean. Not only for State and local governments, but also for the Postal Service, which I will continue to fight for, I know we all will. You began in your opening statement talking about some of the particular challenges of communities of color or economically disadvantaged communities, perhaps Flint. Can you point out some of the difficulties in making sure folks have full access to mail-in and in-person voting? Ms. Benson. The difficulties are both expounded by inequality and an access to resources, but also historical disenfranchisement and historical disconnect and lack of responsiveness from the government officials and systems that are meant to serve and protect these residents. And so we are fighting decades, generations of trauma. And as we are seeing across this country now, the need to effectively do more to better serve communities of color and historically marginalized and disenfranchised communities also is underscored at the ballot box. And it is why this has been at the heart of my work and so many others in the voting rights arena, recognizing that, as has been mentioned in many different ways today, there is no one size fits all approach to ensuring every vote is counted and every voice is heard. It takes every one of us working together at the local level, at the State level, community leaders, other voices, trusted voices, to educate voters about their rights and ensure they know the choices. It takes election officials, administrators preparing an infrastructure that can embrace and serve, meeting voters where they are at to enable all choices to be fully balloted in successful ways to cast a vote. And then it also takes all of us fighting back against efforts to deceive, particularly communities of color, but all voters, about their rights and their access to the vote issue now more than ever. All of this does take resources, but also everyone in this hearing today and everyone watching has a platform that they can also use to dispel myths and counter efforts to misinform the public with facts about the realities, the work we are all doing to ensure every voice is heard. And so I think that is why these conversations and this work is also important in addition to those resources. Mr. Cohen. I think our time is up. I think we are way beyond time. Thank you very much. Our next questioner will be Ms. Garcia. Ms. Garcia. Thank you, Mr. Chairman, and thank you to the ranking member. I, too, thought that the comments that you made opening up our hearing were not only thoughtful but just another reminder of what has shaken our country to its core with the tragic death of George Floyd. You know, I am a person of faith. From an early age my faith has taught me that we are all God's children. Certainly George Floyd was not treated as the child of God that he is. The color of one's skin should not determine the justice they receive. Likewise, it should not determine the access to the ballot box that you get. Recently the Texas Supreme Court ruled that if a voter fears contracting COVID-19, that this does not qualify as a disability. It is intentionally confusing in an effort to mislead voters into not requesting a mail-in ballot. Nevertheless, the decision also made it clear that voters can apply for a mail-in ballot if they believe the risk to COVID-19 is significant. Mr. Chairman, the Texas Supreme Court issued this decision virtually, presumably from home or their offices, because they considered their concern for their own well-being and for their own health. So why shouldn't they hold the same standards for safety and well-being for all Texas voters? This is not a time for political games in the middle of a pandemic. We should not be misleading voters into falsely choosing between their health and voting. That is why on April 2nd I led a letter to the governor and the secretary of state of Texas urging them to implement a no-excuse vote by mail for all elections in the State of Texas until the end of this year, while still preserving in-person voting as long as in-person voting locations are structured to respond to public health concerns. I think this is what many of us are saying. We are not trying to do away with in-person voting. We just want to ensure that in-person voting is safe and healthy for everyone, but that everyone also receive the option by voting from home. We are banking from home. We are shopping from home. We are buying groceries from home. We are ordering food from home. We are doing everything from home. So, frankly, it makes sense that we also vote from home. Mr. Chairman, I do at this time want to ask unanimous consent to introduce into the record my letter to the governor and the secretary of state of Texas. Mr. Cohen. Without objection, it will be introduced. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Garcia. Thank you. And I want to begin, Mr. Chairman, with my first question for Ms. Perez. Ms. Perez, are you familiar with this Texas case, and is this just but one example of the reason that we need a Federal standard, if you will, on eligibility for stay-at-home voting to ensure that one State is not doing one thing and other States are relaxing rules and can vote during this pandemic without any real excuse because of the fear of the virus? Ms. Perez. Yes, Ms. Garcia. As you may remember, I am from Texas. I am from San Antonio. We surely need to make sure that there are minimum standards so that it doesn't matter where you live, you will be entitled to the basic ability to cast a ballot that will count. And one of the things that the Brennan Center has done has been to check which States have different policies that are needed in order to make sure that no voter is left behind. I have submitted that in the record, and I would encourage all to take a look at it. One of the things that I am finding so interesting about this conversation is that all of the dispute over whether or not we need to have basic minimum standards is one policy question, but the other policy question is, if you want States and localities to play the role that they want to play in making sure that no voter is left behind, please give them funding. They are asking for funding. They are telling Congress that they need more resources. So even if there is a debate over this, that, or the other, there should be no debate among any member on this committee that we are all better off if State and local election administrators have the resources that they need. At this point in the game, them having the resources will automatically make elections a bit better. And we can do more if there are minimum standards, but as a baseline, I am hoping and I am hearing that there is a commonality for wanting to support our State and local election administrators, and I am hoping that members of this committee go and do everything that they can to make sure that those State and local election administrators get the extra $4 billion that they need. Ms. Garcia. Thank you. Mr. Chairman, I see I am out of time. I do have a couple of other questions and I will submit them later to the record. Mr. Cohen. Thank you, Ms. Garcia. And I did mention when you asked to have something admitted to the record, I said it is granted or admitted, but it is admitted. Thank you. Ms. Garcia. Thank you. Mr. Cohen. You are welcome. Ms. Escobar, you are next. Ms. Escobar. Thank you so much, Mr. Chairman, and thanks to all of our panelists. This is such an important conversation. And, Mr. Chairman, thank you for opening up our conversation today acknowledging what is happening in the world around us right now. And I think that that is part of why it is so confusing to me as to what the controversy is surrounding making it easier for people to be safe and to participate in their elections. As a reminder, this global pandemic has taken over 100,000 American lives and counting. In my own county, for example, the numbers of deaths keep increasing every day. We know that if people are not socially distancing, they are putting themselves at risk. And there are certain communities and certain people who are more vulnerable than others. We know that the elderly are more vulnerable. We also know that people with underlying health conditions are more vulnerable. But there is a third group that is more vulnerable, and I think it is very important that we talk about it, especially because of what is happening in the country right now. That third group is minority populations, primarily Latinos and African Americans, who are dying at disproportionately higher rates because they are more at risk. And I am not going to take time going into why they are more at risk, but I would refer everyone to Dr. Fauci's comments about Latino and African American communities, which he says, by the way, are as vulnerable to COVID-19 as people who live in assisted living facilities. That is how vulnerable we are. So we have got to do everything possible. We have a fundamental obligation to provide for the health, safety, and welfare of the people that we represent. Ms. Arnwine, I want to ask you a question, my first question. The State of Texas, my State of Texas, is, unfortunately, notorious for creating obstacles for voters. We rank right up there when it comes to voter suppression. We heard my colleague, Mr. Armstrong, earlier talk about the really great work that his State is doing, and he used that as an example as to why we shouldn't federalize rules or regulations. But can you tell us, explain to the American public, why we need the Federal Government to step in with resources and regulations, please? Ms. Arnwine. Thank you so much for that question because we absolutely need to make sure that every single American is protected. There is so much confusion out there because different States do different things. It makes no sense that in Texas there is no--that the disability category for excused voting is so limited and that the Supreme Court couldn't give people clarity on what that means and instead told people, well, we don't think you will be prosecuted,'' when the AG is threatening to prosecute everybody. It made no zero sense. That is unfair. That is un-American. We want to make sure that every American has the same rights. It is wrong that in North Carolina they say you have got to have two witnesses in a COVID era and a notarization if you are going to have an absentee ballot. That makes zero sense. It is unfair, it is unsafe, and it is un-American. You know---- Ms. Escobar. Thank you so much. I am so sorry, Ms. Arnwine, I want to get to one more question before my time runs out. Thank you for that response. Ms. Bishop, you talked about the need to have sort of a hybrid approach so that as many people as possible vote safely from their own home, so that the disabled would have the ability to go in person. Can you describe for the American public why it is important to take that approach? Ms. Bishop. And it was said earlier today by another one of our witnesses, thank you for raising this issue again, that in order to really make our elections work for all voters, we have to be able to provide a broad range of options. There is no one size fits all way of voting that is going to work for everyone. Neither in-person voting nor vote by mail have honestly been made fully accessible for people with disabilities at this point, despite the fact that there are several Federal laws that protect that right for them. So we have to be able to provide as many options as possible for people with disabilities. If we don't make our vote by mail as accessible as possible, they are not able to choose the safety of voting from their homes, which is a privilege for those who are nondisabled. But if we don't also make our in-person options available and as safe and as accessible as possible, people for whom vote by mail just simply does not work will not be able to cast their ballot. So it is critical that we are implementing electronic ballot delivery for vote by mail, but also that we have in- person voting to the greatest extent possible, we have as many ballot marking devices or accessible voting systems as possible, that we have a minimum of one machine per precinct is not sufficient, and that we are letting in curbside voting to reduce exposure to COVID-19. Ms. Escobar. Thank you both so much. I yield back, Mr. Chairman. Mr. Cohen. Thank you, Ms. Escobar. When I first saw you on the screen, I thought I have been in that house. Ms. Escobar. You have. Mr. Cohen. Nice to see that house again. Thank you. Ms. Escobar. Thank you. Mr. Cohen. Next is Ms. Jackson Lee for 5 minutes. Ms. Jackson Lee. Mr. Chairman, thank you so very much. And let me as well add my appreciation for the words of faith that you offered at the beginning and to thank you for mentioning the murder of our hometown son in George Floyd. I know that we in Houston and the Nation appreciate your faith and your words. Let me also acknowledge the ranking member for expressing the importance of a systemic change that has to occur in this Nation as well as a cultural change. Let me ask unanimous consent to place this headline, the Houston Chronicle yesterday, ``Tens of Thousands March in Floyd's Name.'' In fact, it was 60,000 persons. I ask unanimous consent to place this in the record. Mr. Cohen. Without objection, so done. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. It evidences the fact that in the messages that came out of that were people's desire for change. That change comes about through the power of voting. That is why this hearing is so crucial to be able to assess how we ensure in 2020 voting for all Americans. My friends are correct, we have had a disparate impact of COVID-19 across the Nation and right here. We have lost pastors and political activists, people you see every day, who happen to be African American. So my first question is to Dale Ho. In light of the fact that the President has indicated that he plans to file lawsuits against every State that has mail-in ballots that refuses or removes the restrictions, as they should, to adhere to the democracy of this Nation, what stricture, what should Congress put in place? And how important as well is the restoration of Section 5 of the Voting Rights Act? Thank you, Mr. Ho. Mr. Ho. Thank you very much for that question. Obviously, restoring the Voting Rights Act is of critical importance to voters all across this country. And I do think it is quite ironic that, on the one hand, some critics of congressional efforts to set minimum health and safety standards for voting during the pandemic on the grounds of State authority are at the very same time threatening the authority of States with Federal litigation to try to stop those States from taking actions to facilitate safe and secure voting by mail. There is nothing to fear from helping Americans vote. Ms. Jackson Lee. Thank you. So Congress needs to intervene, I would take it, to ensure that protection? Mr. Ho. Well, I think Congress should set minimum standards for protecting health and safety and should do its best to make sure that State efforts to facilitate voting are not interfered with. But I just want to make one point clear. Even if Congress does none of those things, we will see a record number of ballots cast by mail in this election because the majority of States already allow for no-excuse absentee voting and more voters than ever want to use it. In Wisconsin, it was five times the number of voters than in 2016; in Pennsylvania, 18 times---- Ms. Jackson Lee. Thank you. Let me ask to, I believe, Ms. Bishop, Michelle Bishop. I am in total support of expanding the opportunities for voters with disabilities. One of the things that I have seen violated is the right of a voter to come to the polls and have curbside voting. I want to ensure that that is never undermined and done safely in light of COVID-19. Help us understand how important that is. And let me ask Ms. Arnwine just a specific question after Ms. Bishop, specific question on the voting. We know that the people impacted negatively on mass mail balloting happens to be African Americans, for many cultural reasons. The ballot may come, they don't use it, they go to the polls, and they are punished by not being able to vote. Think about how we have to protect minorities as relates to voting. Ms. Bishop, if you would answer the importance of those with disability, but particularly the curbside voting which I want to focus on. Ms. Bishop. Yes. Thank you for that question. Curbside voting, I think, is a largely misunderstood issue. It is actually a critical stopgap measure, even outside of the context of the global pandemic. We have not yet made America's polling places fully accessible to people with disabilities. In fact, the U.S. Government Accountability Office has studied this. Most recently in 2016, they found that in terms of architectural access to a polling place, wide enough doorways, paths of travel, accessible parking, less than half of America's polling places were actually accessible, only 40 percent. And, unfortunately, that 40 percent is actually an all-time high. So that almost half is the best we have ever done realistically at making all of our polling places accessible. We have to fix that. But until we can, allowing people with disabilities to vote curbside, if they are not able to get into the polling place, is an important way to make sure they are still able to cast their ballot. So regardless of COVID-19, curbside voting is a critical measure and could also be really useful in the context of the pandemic as well because it allows you to reduce your exposure or potential exposure to COVID-19 if you are able to stay inside your vehicle. It is the same thing we see at COVID-19 testing centers, these are primarily drive-through. Mr. Cohen. Thank you. Ms. Arnwine, would you address the same question? Ms. Jackson Lee. The question of protecting Black voters who come out with the mail ballot at their home. Thank you. Ms. Arnwine. Absolutely. And I have been dealing with this, as you can imagine, of them blowing up my phone and blowing up my emails with problems that Blacks are having with the mail-in ballot problem around the country. One of the things that we know right now is that if you make people call in for an application for a ballot, that doesn't work, or if you tell them that they can print it out at home, remember 30 percent, 29 percent of all people in Philadelphia who are Black do not even have internet access. So that is just not realistic. So one of the things that we have been pushing very strongly, as we have talked about today, is that all States have to mail ballots, mail applications, have prepaid responses, because those stamps confuse, and that is another problem. The other thing that I want to join Michelle Bishop very strongly, curbside voting works beautifully for people of color. Drop box, ballot collection right at the polling sites, all of these things are good and we have got to have many, multiple, expanded options. That is what we need. And I am hearing of so many problems because with bad voter education and people have not retooled their thinking about how to best reach, outreach to Black people, how to educate them about mail-in balloting, but also how to make it easy to do it. And I am hearing from too many people who are really registered voters. I have helped them. I have called up the boards of elections, and I have talked to them, and these are registered voters who got no mail-in ballot. Mr. Cohen. We are going to have to wrap up. Ms. Arnwine. Yes. Mr. Cohen. Thank you, Ms. Arnwine. Thank you, Congresswoman Jackson Lee. Thank you for your words of comfort to the country. And I know you will be in Houston for the funeral, and I am sorry about the loss of your constituent and his family members here. Ms. Jackson Lee. Thank you. Mr. Cohen. This concludes today's hearing. I started by saying how the right to vote has been diminished for years, and it goes back to America's original sin, it is inscribed in our Constitution, which we fought a Civil War over and still never overcame. It has been interesting in this hearing to hear that the five States with least access to voting by mail, my home State of Tennessee, Missouri, Mississippi, Louisiana, and Texas, are all States that had slavery. It is interesting that there is some connection there, I suspect. Old times there are not forgotten. With that, I want to thank our witnesses for appearing today. Without objection, all members will have five legislative days to submit additional written questions for the witnesses or additional materials for the record. I want to thank the Republicans for allowing us to start early and facilitate Ms. Abrams' attendance. And with that, this hearing is adjourned. [Whereupon at 12:39 p.m. the subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]