[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] THE IMPACT OF COVID-19 ON VOTING RIGHTS AND ELECTION ADMINISTRATION: ENSURING SAFE AND FAIR ELECTIONS ======================================================================= HEARING before the SUBCOMMITTEE ON ELECTIONS COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION ---------- JUNE 11, 2020 ---------- Printed for the use of the Committee on House Administration [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available on the Internet: http://www.govinfo.gov/committee/house-administration __________ U.S. GOVERNMENT PUBLISHING OFFICE 41-480 WASHINGTON : 2020 COMMITTEE ON HOUSE ADMINISTRATION ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland RODNEY DAVIS, Illinois, Ranking SUSAN A. DAVIS, California Member G. K. BUTTERFIELD, North Carolina MARK WALKER, North Carolina MARCIA L. FUDGE, Ohio BARRY LOUDERMILK, Georgia PETE AGUILAR, California C O N T E N T S ---------- JUNE 11, 2020 Page The Impact of COVID-19 on Voting Rights and Election Administration: Ensuring Safe and Fair Elections............... 1 OPENING STATEMENTS Chairperson Marcia L. Fudge...................................... 1 Prepared statement of Chairperson Fudge...................... 4 Hon. Rodney Davis, Ranking Member................................ 8 Prepared statement of Ranking Member Davis................... 10 WITNESSES Hon. Marcy Kaptur, Representative, Ninth District of Ohio........ 13 Prepared statement of Hon. Kaptur............................ 16 Hon. Gwen Moore, Representative, Fourth District of Wisconsin.... 18 Prepared statement of Hon. Moore............................. 20 Ms. Kristen Clarke, President & Executive Director, Lawyers' Committee for Civil Rights Under Law........................... 24 Prepared statement of Ms. Clarke............................. 26 Ms. Sherrilyn Ifill, President and Director-Counsel, NAACP Legal Defense & Educational Fund..................................... 47 Prepared statement of Ms. Ifill.............................. 49 Mr. Lawrence Norden, Director, Election Reform Program, Brennan Center for Justice at NYU School of Law........................ 60 Prepared statement of Mr. Norden............................. 62 Mr. Mark Dimondstein, President, American Postal Workers Union... 160 Prepared statement of Mr. Dimondstein........................ 162 The Honorable R. Kyle Ardoin, Secretary of State, State of Louisiana...................................................... 166 Prepared statement of Hon. Ardoin............................ 168 The Honorable John H. Merrill, Secretary of State, State of Alabama........................................................ 171 Prepared statement of Hon. Merrill........................... 173 QUESTIONS FOR THE RECORD Ms. Kristen Clarke, President & Executive Director, Lawyers' Committee for Civil Rights Under Law, responses................ 199 Ms. Sherrilyn Ifill, President and Director-Counsel, NAACP Legal Defense & Educational Fund, responses.......................... 216 Mr. Lawrence Norden, Director, Election Reform Program, Brennan Center for Justice at NYU School of Law, responses............. 245 Mr. Mark Dimondstein, President, American Postal Workers Union, responses...................................................... 258 The Honorable R. Kyle Ardoin, Secretary of State, State of Louisiana, responses........................................... 261 The Honorable John H. Merrill, Secretary of State, State of Alabama, responses............................................. 263 MATERIAL SUBMITTED FOR THE RECORD Letter from 14 Secretaries of State regarding federal funding.... 267 Statement of the Niskanen Center................................. 270 Statement of the Honorable Barry Loudermilk, Representative, Eleventh District of Georgia, and Member of the Committee...... 286 Statement, Marian K. Schneider, President, Verified Voting....... 287 Report, Preparing for Cyberattacks and Technical Problems During the Pandemic: A Guide for Election Officials, Brennan Center for Justice.................................................... 291 Report, Preparing for Cyberattacks and Technical Problems During the Pandemic: A Checklist for election Officials, Brennan Center for Justice............................................. 320 Report, Waiting to Vote: Racial Disparities in Election Day Experiences, Brennan Center for Justice........................ 325 Letter, Matthew Weil, Director of the Elections Project, Bipartisan Policy Center....................................... 360 Letter, R Street Institute....................................... 364 Letter, SPLC Action Fund......................................... 368 Statement, Matt Blaze, Professor and McDevitt Chair of Computer Science and Law, Georgetown University, Rapidly Scaling Up Absentee Voting in an Emergency................................ 374 THE IMPACT OF COVID-19 ON VOTING RIGHTS AND ELECTION ADMINISTRATION: ENSURING SAFE AND FAIR ELECTIONS ---------- THURSDAY, JUNE 11, 2020 House of Representatives, Subcommittee on Elections, Committee on House Administration, Washington, DC. The Subcommittee met, pursuant to call, at 1:04 p.m., via Webex, Hon. Marcia L. Fudge [Chairperson of the Subcommittee] presiding. Present: Representatives Fudge, Raskin, Davis of California, Butterfield, Aguilar, Davis of Illinois, and Loudermilk. Staff Present: Jamie Fleet, Staff Director; Dan Taylor, General Counsel; Brandon Jacobs, Legislative Clerk; Stephen Spaulding, Senior Elections Counsel; Sarah Nasta, Elections Counsel; Peter Whippy, Communications Director; David Tucker, Senior Counsel and Parliamentarian; Jen Daulby, Minority Staff Director; Tim Monahan, Minority Deputy Staff Director; Cole Felder, Minority General Counsel; and Veleter Mazyck, Chief of Staff, Rep. Marcia Fudge. Chairwoman Fudge. The Subcommittee on Elections of the Committee on House Administration will come to order. I welcome my fellow colleagues and Members of the Committee and our witnesses, and thank you for joining us for the Subcommittee's first official virtual hearing. I would like to especially thank the Members of the Committee: Mr. Butterfield; Mr. Davis, our Ranking Member; Mr. Aguilar; Mr. Loudermilk; and Mrs. Davis. Thank you so much for being with us today. We know that COVID-19 has altered the daily lives of all Americans. It has impacted our health, how we work, how we engage in our communities, and how we vote. It has also impacted how we are holding today's hearing. People are putting themselves at risk every day, from doctors and nurses to first responders, postal workers, and many others, including poll workers. Congress, however, has an option many workers do not. We can do our work remotely in a safe, secure, online format. The highest levels of the Federal Government have all recognized the unique circumstances of the COVID-19 pandemic by holding remote or virtual hearings. That includes the House and Senate, which have held virtual hearings like this one. It includes the Supreme Court, which has modified how it conducts its oral arguments. And it includes the executive agencies which have recognized the legitimacy of and the need for remote proceedings by participating in those conducted by Congress and the Supreme Court. As we begin, I want to remind our members and participants of a few things that will help us navigate this new platform. We are holding this hearing in compliance with the regulations for remote committee proceedings pursuant to House Resolution 965. The fundamental nature of the hearing and our rules are unchanged. Generally, the Committee will keep microphones muted to limit background noise. Members will need to unmute themselves when seeking recognition or when recognized for their five minutes. Witnesses will need to unmute themselves when recognized for their five minutes or when answering a question, not unlike when we are in our Committee hearing room. Members and witnesses, please keep your camera on at all times. Even if you need to step away for a moment during the proceeding, do not leave the meeting. At this time, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and that any written statements be made part of the record. Hearing no objection, so ordered. Now we turn to today's important topic. Today we will examine the impact of the COVID-19 pandemic on election administration and voters' ability to freely and safely access the ballot. It has become clear that access to the ballot in November is in jeopardy if we do not make substantial investments in our election infrastructure and remove the longstanding barriers that continue to keep far too many from exercising their right to vote. COVID-19 has tragically claimed the lives of nearly 113,000 Americans, and there are more than 2 million confirmed cases nationwide. Our response must address the severity of this emergency. The general election is less than five months away, and many public health experts warn we could see a resurgence of the virus in the fall. In fact, the number of COVID cases is still increasing in 19 States according to the latest information. In the interim, States continue to hold primary elections, change election procedures to respond to the changing landscape, and prepare for the prospect of conducting a national election during a global pandemic. A number of States postponed their primaries while, in others, voters were forced to go to the polls risking their health for their right to vote. Worse still, in several States, including most recently Georgia, the number of polling places has been slashed, subjecting voters to hours-long lines in the midst of a pandemic. The choices made by States have varied widely. For example, California will send a mail-in ballot to every registered voter for the November election, while the Ohio State House recently advanced a bill that would make it harder for its citizens to vote in November. Twelve States and D.C. mailed, or will mail, absentee ballot applications to voters for at least the primary elections. At least six States expanded eligibility requirements to qualify for an absentee ballot. Others have fought expansion of absentee ballot access, exacerbating an already unequal voting landscape. Election officials are making decisions now that will govern how millions of Americans ultimately cast their ballot. During all of this confusion and uncertainty, the President is waging an insidious campaign to sow distrust by spreading false claims that vote-by-mail is ripe for fraud and threatening States that are expanding access to safe voting options. Voting by mail-in ballot is not new. The truth is, millions of Americans, including the President and members of his administration, cast a ballot by mail every election cycle with exceedingly rare instances of fraud. Five States already conduct vote-by-mail elections, according to the National Vote at Home Count Coalition. Oregon has mailed out more than 100 million ballots since 2000 and had only about a dozen cases of proven fraud. States and localities undeniably have a significant role in carrying out elections, but Congress must not abdicate its responsibility. We must ensure every eligible American can access the ballot box without endangering their health and with the steadfast faith in our democratic process. During the many hearings held by this Committee and Subcommittee throughout the 116th Congress, we have explored issues of election administration, election security, voting rights and access, and protecting the integrity of our democracy. They all take on new and complex dimensions as Americans cast their ballot during a public health crisis. These communities most vulnerable to voter suppression now also disproportionately bear the impact of COVID-19. Today's hearing will expand upon these issues. We will hear from colleagues who represent districts in two States that have held primaries during the pandemic, as well as experts in voting rights, voter protection litigation, election reform, and from secretaries of state charged with carrying out election. America's postal workers are also represented at today's hearing. As the use of mail-in ballots increases, postal workers and the Postal Service have a vital role in ensuring all voters receive their ballots and that ballots are securely and timely returned. In March, the CARES Act included a much-needed down payment of $400 million to help States and local election officials prepare for and respond to COVID-19. However, much more is urgently needed. The House-passed HEROES Act includes a comprehensive all- of-the-above plan to improve access to the ballot and ensure no voter is forced to choose between their health and voting: $3.6 billion in additional funding to implement mail-in options and safe in-person voting for the November general election, no- excuse absentee voting, expanded early voting, prepaid returned postage, and self-sealing envelopes, mailing all voters a ballot in a time of emergency, and more. Voting should be safe and accessible whether you choose to vote at home or in person. States need adequate resources and planning to prepare for November. There is much work to be done. I now recognize the Ranking Member for any opening statement he would wish to make. [The statement of Chairwoman Fudge follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chair. It's been great to work with you as the lone member of the minority party on this Elections Subcommittee. I am really proud to be joined by my colleague, Barry Loudermilk, too, who is also with me on the House Administration Committee. But thank you to all of our colleagues and to those witnesses who are joining us today. As a nation, we are facing a number of crises and not just related to the coronavirus in elections. It is more critical than ever that our electoral systems are efficient, trustworthy, and secure. As a Subcommittee, we have the opportunity today to do the work that the American people demand of us. I am committed, as I have always been, to ensuring that every eligible American is able to freely vote. But I cannot surrender or dilute the sanctity of a single vote for changes in our laws that risk undermining the integrity of our elections. Unfortunately, I believe many of the changes proposed by the majority during this Congress would do just that. Today, as we explore how the coronavirus has and will continue to impact election administration, we must note that many of the changes proposed by the majority were proposed prior to the coronavirus. H.R. 1, for instance, included same- day registration, required early voting, vote-by-mail expansion, and required the counting of provisional ballots, all items that Speaker Pelosi has once again put forward. Some of the proposals recently put forth have nothing to do with limiting the spread of the virus. For example, allowing unlimited ballot harvesting would likely have the opposite effect by placing ballot brokers in the living rooms of voters. Other ideas may have merit, and I welcome the opportunity to explore them at this hearing. When it comes to issues of election administration, I believe I have proven to be pragmatic and willing to listen to reason. For instance, when the National Association of Secretaries of State raised concerns over federally appropriated funds in the CARES Act, I sent a letter to Chairperson Lofgren expressing my willingness to explore their concerns. I have also put forward my own ideas about how to reform the elections process. I have introduced four separate pieces of legislation, along with my colleague on this call, Mr. Loudermilk, and the other colleague on House Administration, Mr. Walker, and others. I have introduced with them legislation that is meant to strengthen not only our elections but also the American's public faith in them. If there is a way to strengthen our democracy at the Federal level without trampling on the rights of our States, we are all for it. However, I want to be very clear about our policy priorities, which are informed by the work of this Committee over the last 18 months. First, live ballots should not be mailed to those who didn't request one. This is especially true in States like California where voter registration lists have not been maintained, leading to situations like in Los Angeles County where potentially 1.5 million ineligible voters sit on the rolls. Second, we must not allow nationwide unlimited ballot harvesting. And, finally, we must not allow ballots returned or postmarked after election day to be counted, nor must we allow ballots returned before election day to be counted early. These proposals risk the integrity of our elections process and are, frankly, irresponsible. If we can move past these items then, Madam Chair, you will find a willing partner in me. The question then is, where do we begin? Heading into the 2020 general election, we have three priorities: One, all voters who choose to vote in person must be able to do so safely. I believe the funds included in the CARES Act have and will go a long way in this effort. Two, States that wish to expand their vote-by-mail and absentee operations must do so without sacrificing the security of the vote. This must include voter list maintenance. This one requirement, if enforced, could dramatically reduce the time many voters have to spend in line and significantly reduce the number of personnel needed to administer an election. And, three, States and the Federal Government must work together to ensure the American public view the 2020 election with legitimacy. Critical to all three of these priorities is vote by mail. I support States that are taking steps to increase their capacity for mail-in voting, but to presume that every State should or even can dramatically increase its capacity is ridiculous. Many States, including two represented today, had less than 4 percent of voters participate in the last election through casting an absentee ballot. To ask that they move to primarily a vote-by-mail system prior to November would be to ignore the realities of election administration and the very real lack of equipment to make such a transition, some of which takes months to manufacture and deliver. Additionally, the Department of Homeland Security has warned States against reducing in-person voting locations in favor of vote-by-mail as it could have a dramatic effect on voter access, lines, and congestion. This is exactly what happened in Milwaukee where in-person voting locations were reduced from over 100 to just 5. Further, to ask State populations who have never voted by mail before to suddenly do so with little to no public education would disenfranchise these voters. Election officials reject almost 2 percent of ballots cast by mail for a variety of reasons. This is double the rate of in-person voting. If we want to talk voting rights, that is also a voting rights issue. While I do not have the time to discuss every policy proposal, I want to reiterate that our effort cannot and will not end here today. I look forward to hearing from our witnesses, and I yield back. [The statement of Ranking Member Davis follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you, Mr. Davis. Now we will begin our testimony. I want to just make sure that the panel understands that they will be recognized for five minutes. I will remind every witness that their entire written statements will be made part of the record and that the record will remain open for at least five days for additional materials to be submitted. A reminder to all of our witnesses, there is a timer on the screen. Please be sure you can see the timer and are mindful of the five-minute time limit. Our first panel we will hear from two of our colleagues who represent districts in States that have held primaries since the pandemic began. As is our custom, we will not ask our colleagues any questions. First, Representative Marcy Kaptur from the Ninth Congressional District of Ohio, which stretches 141 miles along Lake Erie's coastline from Toledo to the west side of Cleveland. Congresswoman Kaptur is currently the longest serving woman in the history of the U.S. House of Representatives. She currently serves as a senior member of the House Appropriations Committee where she chairs the Subcommittee on Energy and Water. Further, we will have Congresswoman Gwen Moore, who was elected to represent the Fourth Congressional District of Wisconsin in 2004, making her the first African American elected to Congress from the State of Wisconsin. Prior to becoming a Member of Congress, Congresswoman Moore represented the people of Wisconsin in the State House of Representatives from 1989 to 1992 and in the State Senate from 1993 to 2004. She is currently a Member of the House Ways and Means Committee. Ms. Kaptur, please proceed. STATEMENT OF THE HON. MARCY KAPTUR, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO Ms. Kaptur. Thank you very much, Chairwoman Fudge and Ranking Member Davis, for the opportunity to address your important Subcommittee. You have taken a leadership role amid the COVID-19 epidemic, including your efforts to author in the HEROES Act key provisions to streamline election administration. Your Subcommittee also conducted a dynamic and thought- provoking oversight hearing in Cleveland last year, in which I had the pleasure of participating. Thank you for your strong, continuing leadership. Chairwoman Fudge. Thank you. Ms. Kaptur. Our vote is our voice in our republic. Voting is a right, not a privilege. The women's suffrage, civil rights, and LGBTQ movements have made our democratic republic advance closer to our Constitution's aspirations. Unfortunately, at this time of economic and social reckoning and much uncertainty, our franchise is in danger. President Trump and his allies are trying to undermine confidence in absentee voting and, by association, our electoral system. Now, let me be clear, theirs is a transparent attempt to use every conceivable ploy to delegitimize elections and distort the result. We must rise above their partisan antics to ensure every American has equal access to the ballot and that those ballots are able to be filed and counted with high precision. The timing of Ohio's 2020 primary election placed Ohio's election in suspended animation. Our March 17 primary election was just days after the President declared a national emergency on March 13, 2020. As the scale of the epidemic became apparent, Ohio Governor Mike DeWine acted to postpone in-person voting. Unfortunately, this set off a chaotic series of events jeopardizing our fundamental right to the franchise. Voter turnout plummeted. Absentee ballots and early voting results were held in abeyance. The legal process to change and ultimately cancel in-person voting was rife with disorder. Chaos ensued as litigation stretched into the night. Voters and poll workers did not know whether the polls would be open or closed when they vote on primary election day. Eventually, the primary was rescheduled to April 28, 2020, with nearly 2 million voters requesting absentee ballots in a very confusing, mail-in, mail-back process. Unfortunately, despite an unprecedented surge in the number of requests, data compiled by FiveThirtyEight indicates voter turnout for the April 28, 2020, primary reached just over 20 percent, well below the historic average for a Presidential year. For example, in 2016, the primary turnout of voters was 43.66 percent. This was likely due to the additional steps required to request a ballot, ballots arriving too late, delays in Postal Service processing that prevented timely delivery of ballots, and vast numbers of in-person provisional ballots being rejected out of hand. The cumbersome absentee ballot request process and the failure to automatically send ballots to people with prepaid return postage meant fewer voters and less participation. This is disenfranchisement, plain and simple. In addition to this flood of logistical challenges, Ohio is under water as a result of the increased costs. With unnecessarily restrictive voting laws and Republican one-party rule and a resistant legislature, Ohio is ensnared in the fight of laws purposefully designed to make voting more restrictive. For example, the Ohio legislature is debating H.B. 680, which would roll back in-person early voting and end statewide mailing of ballot applications for November's election. This will suppress the vote, and that is its intent. A recent study by the Brennan Center, who you will hear from in the next panel, estimates Ohio and its localities would now bear as much as $82 million in unplanned election costs before November. The CARES Act, as you mentioned, allocated $400 million for election grants to the States; $12.8 million was dispersed to Ohio. Unfortunately, these funds are inadequate for what is required as State and local budgets brace for major budget cuts. Mitch McConnell's Senate majority must get the HEROES Act over the legislative finish line with its $3.6 billion for State and local governments so we can't have any cutting of corners that will place the franchise at even greater risk. I applaud the United States Commission on Civil Rights, the bipartisan and congressionally chartered organization, for initiating a fact-finding mission to ensure the fall election is conducted with vigor. The challenge is great, but Congress has the tools to prevent a repeat of Ohio's primary election chaos and disastrous turnout. We must meet this real challenge to our democracy. The question is, do those in charge have the will? I know you do, Madam Chair. I hope that your Ranking Member does. So with tens of millions of newly unemployed and with more people taking to the streets, too many Americans believe their voice is suppressed in this one-party-rule State. We therefore have an even greater obligation to use every tool in our arsenal to administer a universal, accessible, free, safe, and fair fall election. Thank you very much, Chairwoman Fudge and Ranking Member Davis, for holding this critical hearing. All we ask for here in Ohio is a fair fight, but not one that is jury-rigged by one-party rule in Ohio. Thank you. [The statement of Ms. Kaptur follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you so much. Ms. Moore, you are recognized for 5 minutes. STATEMENT OF THE HON. GWEN MOORE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WISCONSIN Ms. Moore. Thank you so much. I want to thank you, Madam Chair and the members of the Subcommittee on Elections. As you know, Madam Chair, you are one of the first people that I reached out to after the catastrophic election in Wisconsin, and I want to thank you and the Ranking Member and Members for convening to have this important hearing on concerns raised during the Wisconsin primary election. I did hear the opening statement by you and the Ranking Member. So I just wanted to say at the outset that I don't think it is an either/or situation whether or not we have in- person voting or whether we have voting with no excuse absentee ballot--in the case of--by mail. In the case of the Wisconsin election, we sought to expand voting by mail because we--as you have heard from Representative Marcy Kaptur, by April 7, we all knew that the pandemic was upon us, and our Governor was frantically trying to reschedule the election, but was foiled from doing that by various Supreme Court decisions. COVID-19 was right at its surge right around April 7. Dangerous conditions were predicted, and too many voters had to make really a serious choice between exercising their franchise and risking their vote. I would say, Madam Chair, that that is the ultimate polling test, which started out the day before our primary election. The Supreme Court of Wisconsin joined the Democratic Governor with the executive order to reschedule the election and ordered in-person voting to proceed despite the risks posed to voters and poll workers amidst the epic epicenter of the COVID-19 surge. Wisconsin was the only State to carry out its scheduled election during a time when all other States opted to postpone or to shift to all-mail balloting. Just hours before election day, the United States Supreme Court blocked a district court order extending the deadline to return absentee ballots. Both decisions denied State and local leaders enough time to implement necessary measures for conducting the election safely amidst the public health emergency and created mass confusion for voters. It all resulted in what Wisconsin's largest newspaper called ``the most undemocratic election in our State's history.'' In my district, which includes the State's largest city and where a majority of Black and Brown Wisconsinites live, we were already massively hit by the disproportionate death toll of COVID-19. Milwaukee's usual 180 polling places were reduced to a mere five sites due to an abrupt and severe shortage of poll workers who rightly feared for their lives and well-being and could not risk the danger of exposure. Lines stretched several blocks with voters waiting hours in the rain to exercise their constitutional right to vote. Footage was broadcast of the Wisconsin Assembly Speaker's visit to a rural polling site dressed from head to toe in a hospital gown, surgical mask, gloves, layered in PPE enviable by most of our healthcare workers, and giving people unfounded reassurances that everyone was safe. I too, Madam Chair, fear that my vote may not have been counted since I am extremely fond of in-person voting but decided at the very last minute to cast an absentee vote when I heard reports of the pandemic. And I frantically gave my ballot to a person at the Post Office, and I later heard that folks that didn't have the appropriate postmark and stamps weren't counted. My time is limited. So I just want to close by saying to you that Wisconsin's primary election is a chief tenet of true democracy, and maximizing participation without discrimination is important to us. We need in-person voting. We need opportunities to vote by mail. And it does require resources. It is not enough to just say that States and local governments need to do this, Madam Chair. We need resources so that we can keep polls open, give people same-day voting options, as well as to equip our local county boards with the opportunities to provide ballotmail-in ballots. Thank you. [The statement of Ms. Moore follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you, both. And, Members, if you need to leave, we understand, but thank you so much. We appreciate your testimony today. We know that we have some work to do clearly, and we are happy that you could join us today. Thank you again. Ms. Moore. Thank you. Chairwoman Fudge. I would now move to introduce the second panel. We will begin with Kristen Clarke, who is the president and the executive director of the Lawyers' Committee for Civil Rights Under Law. The Lawyers' Committee seeks to ensure equal justice for all through the rule of law, targeting, in particular, the inequities confronting African Americans and other racial and ethnic minorities. Ms. Clarke previously served as the head of the Civil Rights Bureau for the New York State Attorney General's Office. She spent several years at the NAACP Legal Defense and Educational Fund where she helped lead the organization's work in the areas of voting rights and election law and worked at the U.S. Department of Justice in the Civil Rights Division. Next, we have Ms. Sherrilyn Ifill, who is the president and director-counsel of NAACP Legal Defense and Educational Fund. LDF seeks structural changes to expand democracy, eliminate disparities, and achieve racial justice. Ms. Ifill is the second woman to lead the organization. She began her career as a fellow at the American Civil Liberties Union before joining the staff of LDF. In 1993, Ms. Ifill left LDF to join the faculty at the University of Maryland School of Law in Baltimore, where she spent more than 20 years. In 2013, Ms. Ifill was invited back to the LDF, this time to lead the organization as its director-counsel. Lawrence Norden is the director of the Election Reform Program at the Brennan Center for Justice. He is there to ensure that U.S. election infrastructure is secure and accessible to every voter and to protect elections from foreign interference. Mr. Norden is also a member of the Election Assistance Commission Board of Advisors where he currently serves as the vice chair of the Election Security Committee. Mark Dimondstein is president of the American Postal Workers Union, which represents more than 200,000 employees of the U.S. Postal Service and approximately 1,500 employees in the private sector mailing industry. He began his first 3-year term in November of 2013. Mr. Dimondstein began his postal career in 1983. Kyle Ardoin serves as the 44th Secretary of State for the State of Louisiana. He was elected Secretary of State on December of 2018. He brings to the office more than 30 years of experience working in both the private and public sector. Mr. John Merrill serves as the 53rd Secretary of State for the State of Alabama. He was elected in 2014 and was reelected in 2018. He is also a member of the United States Election Assistance Commission Standards Board and currently serves as the chair of the Republican Association of Secretaries of State. Again, you will all be given 5 minutes for your testimony, and we will then follow with questions. Ms. Clarke, you are recognized for 5 minutes. STATEMENTS OF KRISTEN CLARKE, PRESIDENT & EXECUTIVE DIRECTOR, LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW; SHERRILYN IFILL, PRESIDENT & DIRECTOR-COUNSEL, NAACP LEGAL DEFENSE & EDUCATIONAL FUND., INC.; LAWRENCE NORDEN, DIRECTOR, ELECTION REFORM, DEMOCRACY, BRENNAN CENTER FOR JUSTICE; MARK DIMONDSTEIN, PRESIDENT, AMERICAN POSTAL WORKERS UNION; THE HONORABLE R. KYLE ARDOIN, SECRETARY OF STATE, STATE OF LOUISIANA; AND THE HONORABLE JOHN H. MERRILL, SECRETARY OF STATE, STATE OF ALABAMA STATEMENT OF KRISTEN CLARKE Ms. Clarke. Chairwoman Fudge, Ranking Member Davis, and members of the Subcommittee on Elections of the U.S. House of Representatives Committee on House Administration, my name is Kristen Clarke, and I serve as the president and executive director of the Lawyers' Committee for Civil Rights Under Law. Thank you for the opportunity to testify today on how we can ensure that States hold safe and fair elections during the COVID-19 pandemic. The Lawyers' Committee for Civil Rights Under Law, the organization that I lead, has been at the forefront of the battle for equal rights since it was created in 1963 at the request of President Kennedy to enlist the private bar's leadership and resources in combating racial discrimination. Simply put, our mission is to secure equal justice under law. We have been a leader in many of the most important voting rights cases in our Nation, and we also lead Election Protection, which is the largest and longest running nonpartisan voter protection program in the country. I am here today to sound the alarm on what we have seen in recent primaries, including from just two days ago when voters went to the polls in Georgia, South Carolina, Nevada, North Dakota, and West Virginia. Many States and local counties are simply unprepared to safely handle people voting in person, and several States have failed to provide requested mail-in ballots to voters in time for them to be cast. Georgia is the poster child for this dysfunction and disenfranchisement of African American voters, as it has been repeatedly. We were flooded with thousands of calls by way of our 866-OUR-VOTE hotline, particularly from Black voters in Georgia. Those complaints raised concerns about long lines, some that went beyond midnight, sites that opened late, last- minute polling place changes, malfunctioning equipment, backup paper ballot shortages, and more. We also heard from voters who never received their absentee ballot despite the election being delayed twice. We sued to ensure that polling place hours were extended in Gwinnett County so that no eligible voter would be denied their fundamental right, and with partners we advocated for poll hour extensions in several counties. To put it bluntly, this was one of the most chaotic elections that we have seen this season. As a nation, we are facing one of the greatest challenges to our democracy in the midst of a pandemic and a recession that is disproportionately impacting African Americans and people of color. As people have taken to the street to protest the killing of George Floyd, Breonna Taylor, and Ahmaud Arbery, the most recent victims of racially violent police brutality and white supremacy, the President sadly has repeatedly attempted to send the military into communities over the wishes of State Governors and local mayors. It is critical for Congress to step in to ensure that neither Federal action nor veiled threats interfere with our most fundamental right, the right to vote. Protecting the right to vote is vital to our democracy because it is the right preservative of all rights. It empowers people to elect candidates of their choice who will govern and legislate to advance other fundamental rights. However, that right was threatened long before the pandemic. In the words of Congressman John Lewis, the Supreme Court stuck a dagger into the heart of the Voting Rights Act when it issued a 5-4 decision in Shelby County v. Holder. If we had section 5 in place now, it would act as a check on some of the eleventh-hour discriminatory voting changes that we have seen this season. Without section 5 and in the absence of any meaningful enforcement from the Justice Department, voters across the country, especially African Americans and other people of color, are vulnerable to being disenfranchised during the pandemic. Quite simply, no one should ever have to choose between risking their health and life and voting. As I explain in greater detail in my written testimony, it is critical for Congress to both expand options for in-person voting and vote by mail. Preserving our democracy hinges on providing sufficient funding to States for the safe and fair administration of elections, which requires an appropriation of an additional $3.6 billion on top of the $400 million allocated in the CARES Act. We strongly recommend that Congress mandate no-excuse absentee balloting for Federal elections this year so that any voter with pre-existing conditions or concerns about COVID-19 exposure can choose to vote-by-mail. Expanded access to vote- by-mail depends on the U.S. Postal Service being up and running. So it is critical that Congress provide the full $89 billion in support requested by Postal Service leadership. But vote-by-mail is not an option for every voter. We know that there are Native American voters, for example, that live in remote areas or on reservations that do not receive regular Postal Service. For voters who must or prefer to vote in person, Congress should mandate that States provide at least 2 weeks of early voting. This will provide people with opportunities---- Chairwoman Fudge. Ms. Clarke, I need you to wrap up if you would, please. Ms. Clarke. Indeed. Opportunities to participate and reduce the risk of crowding at polling places and enable poll workers to have more time to sanitize equipment. I thank you for the opportunity to testify today. [The statement of Ms. Clarke follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you so very much. Ms. Ifill, you are recognized for five minutes. STATEMENT OF SHERRILYN IFILL Ms. Ifill. Can you hear me now? Chairwoman Fudge. Yes, we can. Ms. Ifill. Fantastic. Good morning, Chairwoman Fudge, Ranking Member Davis, and members of the Subcommittee. My name is Sherrilyn Ifill, and I am the president and director-counsel of the NAACP Legal Defense Fund, or LDF. Thank you for the opportunity to testify this afternoon regarding COVID-19's impact on voting rights and election administration. LDF was founded in 1940 by Thurgood Marshall. It has been an entirely separate organization from the NAACP since 1957. Beginning with Smith v. Allwright, our successful Supreme Court case challenging the use of Whites-only primary elections in 1944, LDF has been fighting to overcome the obstacles to ensure the full, equal, and active participation of Black voters in the political process. Recent reports indicate that there have been over almost 2 million confirmed cases of COVID-19 infection in the United States and more than 112,000 deaths. The country faces not only a public health crisis but also an economic crisis comparable to the Great Depression in severity. More than 40 million people have filed for unemployment since the start of the pandemic. The pandemic is disproportionately impacting Black people. The Centers for Disease Control and Prevention reports that while Black people are only 13 percent of the U.S. population, we constitute nearly 30 percent of all U.S. coronavirus deaths. Unfortunately, this pandemic is not only a public health emergency, and an economic crisis, it is also a threat to the very foundation of our democracy and its most important form of expression: free and fair elections. I will never--and we must never--forget the images that we saw in Wisconsin in April and yesterday in Georgia: thousands of mask-wearing Americans standing in staggered lines extended over city blocks as they waited to vote amid the most dangerous pandemic this country has faced in a century. None of them could be certain they would avoid contracting the deadly coronavirus and carrying it home to their loved one, yet they stood in line, some for hours, to exercise the fundamental right that the Supreme Court described 134 years ago as preservative of all rights. It has been reported that at least 71 people contracted COVID-19 after voting in person or working at the polls during the Wisconsin election, and at least one study concluded that those counties with more in-person voters per voting location had significantly higher rates of COVID-19 transmission after the election than counties with lower voter density. It was a shameful, disgraceful sight that we confined people to have to choose between their health and their right as citizens to participate and vote. But I am also compelled to see the powerful nobility of those people standing, separated from each other as best they could in Wisconsin and yesterday in Georgia for hours on end determined to participate in the political process. The choice facing Black voters was especially agonizing. Death has far too often been the consequence for Black Americans who insisted on exercising their full rights as American citizens by voting. LDF has in the past two months filed four cases seeking to remove onerous absentee voting requirements in Southern States. These include requirements such as those in Alabama where voters voting absentee must secure the signature of two third- party witnesses or have the ballot notarized and include a copy of their government-issued photo ID when they mail in their ballot. We are currently still in litigation in Alabama and in Louisiana, where although Blacks constitute 28 percent of the population they have constituted 70 percent of the COVID- related deaths. And we scored an important victory two weeks ago when a Federal District Court found that the requirement in South Carolina that absentee voters have a third-party witness sign the ballot is an unconstitutional burden given the threat of the COVID-19 pandemic. And our claim was specifically focused on the burden experienced by Black voters. But while we litigate cases seeking to remove absentee voter burdens, we also stress the importance of protecting those who choose to vote in person. Absentee voting cannot fully replace, as we saw yesterday, or come--day before yesterday, or come at the expense of States' accessible and secure in-person voting. Congress must ensure a both/and strategy for voting in this pandemic. It must guarantee that voters have the option of voting-by-mail and safe in-person voting. Congress must approach this with a thorough, urgent, and unrelenting determination to protect the right to vote. And we should remember that there is a critical need for robust community education to ensure that people are fully informed about the variety of voting options as well as the details of how each option works. These necessary changes and modifications to voting practices and election administration, coupled with the fear and confusion surrounding the COVID pandemic, creates circumstances that are ripe for disinformation and manipulation, and we have already seen our President contribute to that confusion with some of his tweets. So public education campaigns must also plan to combat disinformation. That is why we are gratified that the HEROES Act includes an additional $3.6 billion needed for States and local jurisdictions to implement measures that will facilitate accessible absentee voting and safe in-person voting. The Act also calls for the extension of early in-person voting, expanded online registration, and requires the removal of onerous conditions for absentee voting. This election is a test for our democracy, one we cannot fail, one we know that we cannot leave to local county officials. We need Congress to demonstrate leadership by providing the resources and direction included in the HEROES Act as soon as possible to ensure access to the ballot for every eligible voter in November. Thank you. [The statement of Ms. Ifill follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. Mr. Norden, you are recognized for five minutes. STATEMENT OF LAWRENCE NORDEN Mr. Norden. Thank you, Chairwoman Fudge, Ranking Member Davis, Members of the Committee and Subcommittee for this opportunity to testify today. It is now two days since the funeral of George Floyd, and millions of Americans are asking when their voices will be heard. Let's not fail these Americans when they come out to vote this fall. Obviously, COVID-19 presents a real challenge to free and fair elections this year. As Kristen Clarke and Sherrilyn Ifill have noted, in primaries from Wisconsin to Georgia just two days ago, we have seen closed polling places, sick poll workers, mail ballots never delivered, and long lines lasting 6, 7, 8 hours. These are unacceptable and serious barriers to the franchise, and there is no question that they have been made worse by COVID this year. The sole bit of good news that I have to share is that since the outbreak in the United States, the Brennan Center has spoken to many dozens of election officials of both parties around the country, and the vast majority are working to take steps to ensure that we can have free, fair, and safe elections this fall. But the overwhelming consensus from those elections that we have spoken to is that they need more resources. The Brennan Center, based on work with those election officials and R Street Institute, the Alliance for Securing Democracy, Pitt Cyber, and election vendors has estimated that the additional cost to running free and fair and safe elections this year to be around $4 billion. Why is this money needed? First, to address voter registration. There has been a severe disruption to voter registration in the United States in 2020 because of COVID. In fact, the Center for Election Innovation and Research just had a report out today showing how much registration activity has plummeted this year. Government offices are closed. Registration drives aren't happening. Certainly, one result of this is going to be that we are going to see a huge move in the coming months to voters moving online for registration. Many systems around the country were not built for such high use of registration activity. Some States, like Pennsylvania, are currently building more capacity, but many others are going to require more resources to be able to do that, and they are all going to have to work to make those systems more secure. I note that already this year we have seen online systems overwhelmed in Georgia, Florida, and Wisconsin too often leading into failure of those systems. And this problem is only going to get worse as we approach registration deadlines around the country. We need to adjust for that now. Second, there will be an increase, of course, in mail voting. The arguments in D.C. about whether or not we should be expanding mail-in voting are detached from reality. I agree with Ranking Member Davis that there are many challenges to this increase, but it is happening. It is expanded. Before COVID-19, 34 States allowed for no-excuse absentee voting in this country. This year, 12 more have relaxed their requirements to allow voting [inaudible] use and during elections. And in the midst of the pandemic, millions of Americans, many, many millions are choosing this option. Most recently in Pennsylvania, we saw a 16 times increase in the number of people asking for mail ballots. In Georgia, in the election that just was completed on Tuesday, more than 25 time increase in-mail voting. We are seeing these kinds of increases everywhere. The biggest question is not whether it is going to happen. The biggest question is, will we provide the support that jurisdictions need to make sure that they can handle this? If not, what we are going to see is a repeat of what we just saw in Georgia yesterday with overwhelmed offices, tens of thousands of voters not receiving their ballots. We cannot allow this to happen this fall. Third, of course, we must provide safe, in-person voting as many have mentioned. Georgia has demonstrated that we need in- person voting as a failsafe. And, of course, there are people who are going to want to vote by mail. That is going to be their choice. And then there are others who will have no choice out of necessity because they need assistance. They need to be in the polling places. We need to take steps to ensure there is sufficient early voting to reduce crowding. We need to make sure that poll workers and voters alike are safe, that poll workers have protective equipment, that we have more of them, and that we have things that disposable pens when it comes to polling places to mark their ballots. Finally, we must make sure that our infrastructure is kept secure. All of the changes that we have talked about today, we need more investment to make sure that we are keeping systems secure. Russia, other hostile nation-states are not going to stop attacking our elections merely because we have a pandemic in this country. So, in conclusion, what I want to say is, yes, these are serious challenges that we are facing, but they are not insurmountable. Election officials know what they need to do, and Congress needs to make sure that it provides the resources, and it needs to do so as soon as possible. Thank you. [The statement of Mr. Norden follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. Mr. Dimondstein, you are recognized for five minutes. STATEMENT OF MARK DIMONDSTEIN Mr. Dimondstein. Well, good afternoon, Chairwoman Fudge, Ranking Member Davis, Members of the Committee. My name is Mark Dimondstein. I am president of the American Postal Workers Union, AFL-CIO. 600,000 postal workers daily serve every community in the country, including as frontline workers during these dangerous times of the pandemic. Postal workers are extremely dedicated and proud public servants. We are serious about our oath to protect the privacy and sanctity of the mail. We treat your mail as if it was our own. We are trusted by the public with a 91 percent favorability rating, equal among Democrats, Republicans, and independents. We carry out the mission to ``bind the Nation together,'' collecting, sorting, and delivering medicine, health information, financial and legal transactions, census forms, greeting cards, letters, periodicals, pension and stimulus checks, e-commerce packages, and, yes, tens of millions of mail ballots. Vote-by-mail is nothing new for us. We have been handling the task well for generations, serving overseas military personnel, those on travel, and States that mandate vote-by- mail for the tens of millions who choose to do it, from the current President of the United States to my mother, who voted her very last time by absentee ballot from a hospital bed. No doubt the President's ballot and my mother's vote were safely and timely delivered and counted. As vote-by-mail has been thrust into the forefront of this ongoing pandemic, I urge you to take into account the proven experience. Voting by mail works, increases voter participation, helps counter voter suppression, creates a paper trail, cannot be hacked, saves money, is private and secure, and is absent of any increased voter fraud. During this election, many will continue to be sheltered in place or quarantined. Seniors and those with health conditions, and most people, are less likely to gather in public settings. Poll workers are often unavailable. The threat of the further spread of this deadly disease is still ever present. Robust plans for vote-by-mail will literally make the difference on whether tens of millions of people will have access to the ballot. In the last several primary States, we see the difference vote-by-mail can make in ensuring safe, timely, and universal access for our most sacred, democratic right, the right to vote. These facts underscore that we must ensure that our national treasure, the public Postal Service, is on solid footing. The COVID-related economic crisis has deeply affected the Postal Service. Mail volume is severely reduced. And while packages have temporarily increased, this spike will not continue. As an institution that traditionally receives no tax dollars, a deep fall in projected revenue means that the Postal Service may soon be unable to carry out its mandate of universal service to all 160 million addresses, including when it comes to ballots. The Postal Service testified to the House Oversight Committee that the United States Postal Service is anticipating a $13 billion revenue loss directly related to COVID-19 this fiscal year and $54 billion in additional losses over 10 years, and raises the Postal Service will, quote, run out of task this fiscal year, end of quote, without appropriate relief from Congress and the administration. So the first condition of successful expansion of vote-by- mail to protect our voting rights during the pandemic is to make sure that we stabilize the finances of the Postal Service in an emergency appropriation of at least $25 billion proposed in the HEROES Act. And that represents only part of the proposal from the bipartisan and Republican majority Postal Board of Governors. Our country's Founders recognize the importance of the Postal Service by enshrining it in the U.S. Constitution itself. There is no better contribution to civic life than to maintain and enhance our access to our hard-fought, with blood, sweat, and tears, our hard-fought and cherished right to vote. I thank the committee for allowing me to testify at this important hearing and, when the time is right, would welcome any questions. Thank you, Chairwoman. [The statement of Mr. Dimondstein follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. Thank you so much. Mr. Ardoin, you are recognized for five minutes. STATEMENT OF THE HONORABLE R. KYLE ARDOIN Mr. Ardoin. Thank you, Madam Chairwoman, Ranking Member Davis, and Members. We appreciate this opportunity to testify to you. I am Kyle Ardoin. I am Louisiana Secretary of State. This is our opportunity to discuss the important work we are doing in Louisiana in these unprecedented times to ensure all voters have the opportunity to vote safely in a fair and honest election. Unfortunately, Louisiana is no stranger to natural disaster, and we have faced crises around election time before, such as in 2005 when Hurricane Katrina devastated New Orleans and the surrounding area, or when Hurricane Gustav hit southeast Louisiana followed by Hurricane Ike in the Southwest in 2008. However, never before have we had to deal with the perfect storm of election issues with cyber threats, election meddling attempts from foreign adversaries, and now COVID-19. Our previous experience with natural disaster has better prepared Louisiana to adjust election processes and procedures in ways other States may not be able to. Louisiana law allows for me, as Secretary of State, to certify that an emergency exists and request to the Governor that our elections be postponed. In March, we became the first State to change our election dates from April and May to June and July and later postponed further to July and August. Louisiana law further allows the secretary of state to submit an emergency election plan to the legislature where it must be approved by both House and Senate oversight committees, the full legislature, and agreed to by the Governor. Immediately following our decision to delay our spring elections, my staff began working on an emergency plan that would provide for safe elections in the midst of a global pandemic. The emergency election plan agreed to by our Democratic Governor and approved by a majority Republican legislature with bipartisan support establishes the following: First, an additional 6 days of in-person early voting. While in-person early voting normally takes place over a seven-day period, we added an additional six days to provide for the necessary social distancing measures. Second, we created an emergency COVID-19 absentee ballot application. Currently, Louisiana allows 11 different ways to request an absentee ballot. This emergency application covers those at higher risk for COVID-19, those subject to quarantine, those experiencing symptoms of COVID-19, or those caring for an individual that is subject to quarantine. And, third, personal protective equipment at every polling site will be available. Hand sanitizer will be provided to voters. Voting machines and other equipment will be regularly sanitized, and poll workers will be given masks and gloves. Our emergency election plan is a temporary response to a global pandemic. This plan would be applicable only for the July and August elections. Any changes to the processes for the following election would require the same process of submitting an emergency election plan with legislative and gubernatorial approval. Our State has benefited greatly from flexibility. Having the ability to adapt to whatever crisis our State faces has allowed us to tailor our response to the situation at hand. In our State's legislative session, we recently killed legislation that would hamper our ability to respond to crises. In a similar way, we as States must fight against Federal attempts to mandate how we run our elections under the guise of charitable appropriations. Receiving one-time funds to run elections during an unprecedented crisis at the expense of radically changing our election system is a tradeoff we are not willing to make. We will gladly accept Federal dollars with no strings or political motivations attached, and we would prefer not to have to come up with State matching dollars in a time of such economic turmoil. As the chief election officer for the State of Louisiana, I am tasked with overseeing elections, and I cannot cede control of our elections to politicians thousands of miles away. I am accountable to Louisianans, and they expect me to run elections in a safe, fair, honest manner, that works best for all in our State. Thank you, Madam Chairwoman, for this opportunity. [The statement of Mr. Ardoin follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. And last but not at least, Mr. Merrill, you are now recognized for 5 minutes. STATEMENT OF THE HONORABLE JOHN H. MERRILL Mr. Merrill. Madam Chair Fudge, Ranking Member Davis, and members of the Committee on House Administration, thank you for the opportunity to address you today and discuss the importance of election administration in how we can work together to protect the 2020 election cycle and beyond. I am John Merrill. I have the privilege to serve as Alabama's 53rd Secretary of State. Since I took office on January the 19, 2015, we changed the paradigm for voting in the State of Alabama. My team and I have shattered every record in the history of the State for voter registration and voter participation through countless photo ID visits and voter registration events and campaigns. Through working with notable Alabamians, local officials, interested agencies, key communicators, and community leaders, we have worked to register more than 1,523,617 new voters since January 19, 2015, and now have a State record 3,597,060 registered voters as of today. Additionally, we have broken every record in the history of the State for voter participation in the last five major elections. March 1, 2016, more than 1.25 million Alabamians voting breaking every record in the history of the State for participation in a Presidential primary. On November the 8, 2016, 2.1 million voting; December 12, 2017, when Senator Jones was elected to the U.S. Senate, 1.3 million Alabamians going to the polls; November the 6 of 2018, 1.7 million Alabamians shattering the State record by more than 500,000 voters. Recently on March 3rd, almost 1.2 million Alabamians went to the polls in spite of the nationwide COVID-19 outbreak and severe weather conditions coming close to breaking a record for our State primary. These numbers are important to the importance--these numbers prove the importance of participating in the electoral process to Alabamians, which have had a long history of dealing with oppressive voting laws, which were at one time written or reduced to eliminate minority participation completely in the elections process. We have since worked to see that it is easier than ever to vote in Alabama by providing free voter IDs, electronic voter registration through our mobile app, Vote for Alabama. Also, with our website, Alabamavotes.gov, and annual visits to all 67 counties, which you can see behind me on the chart, to ensure that each and every eligible U.S. citizen that is a resident of our State is given the opportunity to become a registered voter and to obtain a photo ID. Though the political climate in Alabama is much different than that in New York, California, Colorado, it is important that States are given the opportunity to run their own elections, free from Federal interference, because what works in one State may not work in all. We have enjoyed the opportunity to visit the polls on election day. We want to continue to do so. We vote in person on the average of 96 percent of the people that vote vote in person. Our office is greatly appreciative of the recent funds that have been given to us by the Congress, but all 1,980 polling sites in the State of Alabama will be open on election day. Those funds will be used for different purposes. We can talk about those during the question-and-answer time if you would like to. We have made it easier for people to vote absentee. The State of Alabama's code gives me the opportunity through title 17-11-3 the opportunity to assign a reason to vote absentee. We have done that, so we have made it easier for all voters to be able to exercise that right. We want to continue to make it easier to vote and harder to cheat. We also want to note that having significant opportunities for fraud increased through mail-in voting have been increased. We have seen that most recently in California in 2016 where 83 ballots were mailed to one California address where just two people lived there. In Alabama, prior to the passage and implementation of our reform absentee voting law, we witnessed 109 absentee ballots being mailed to the mother of a mayoral candidate in Brighton, Alabama, in 2016 and another instance the same year where 119 absentee ballots were mailed to an abandoned home in Wilcox County. It should be noted that of the six voter fraud convictions we have had in Alabama since I have been secretary, five of them were related to absentee voting. It also should be noted that between 2012 and 2018, 28.3 million mail-in ballots went unaccounted for. I ask you to consider what the cost could be for States to adopt this cost. Ours would increase from basically $16 million per election to more than $60 million per election and only 4 percent of our voters actually vote absentee. I want to thank you for your time today for the work you do for our people and for the great work you do for this, the greatest country in the history of the world. [The statement of Mr. Merrill follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you very much. I thank all of our witnesses for their testimony today. It is now time for our members to ask questions. I would begin with Mr. Butterfield. You are recognized for 5 minutes. Mr. Butterfield. Let me just thank you very much, Chair Fudge, for convening this hearing today. And thank you to the witnesses for your testimony. I know it is a little awkward to testify in this virtual environment, but be assured it is also awkward for us as well. But we are making this work, and hopefully we will have a good hearing today. You know, our goal must be to guarantee the absolute right of every voter to vote, whether they are a Democrat, Republican, Independent, Libertarian, Green, or Constitution. I think our charge is to make sure that every voter has the absolute right to vote. And so, Madam Chair, I am just so disappointed that many of our Republican colleagues just cannot embrace a vote-by-mail idea or vote-from-home idea. I think it is absolutely necessary in this environment. I think that some of our colleagues may be trying to prevent a large turnout in November. I hope that is not the case. I was looking at a poll this morning, a Gallup poll, which said that 64 percent of those polled favor a vote-by-mail system--64 percent. That is almost two out of three: 83 percent Democrats; 68 percent of Independents want it; 40 percent of Republicans wanted it. So I think we ought to begin to reconsider any opposition to vote by mail and to really consider how we can get it done. And so thank you to the witnesses for your testimony. The Lawyers' Committee for Civil Rights is a very special organization to me. Many years ago, when I was a young lawyer in my hometown, it was the Lawyers' Committee that came in and filed a lawsuit that challenged the city for having 23 miles of unpaved streets in the African American community, and those streets are now paved. And it was because of the Lawyers' Committee. I always like to make reference to that when we have these hearings. Also, there were virtually no African American elected officials in my community or in my congressional district. And it was NAACP Legal Defense Fund that came in and filed a voting rights lawsuit, and now we have dozens and dozens of elected officials. So thank you to those two witnesses and to the other witnesses as well. To the Secretary of State from Louisiana, you made a statement a few moments ago that we cannot cede election authority to D.C. politicians. I am a D.C. politician. I am an elected official of 750,000 people, and I would like to get more clarity about the meaning and the intent of that statement, please, if you would help me. Mr. Ardoin. Yes, sir, Congressman, thank you for that question. In a previous testimony that I had with Senators Klobuchar, Wyden, and others with regards to this very issue, during a normal Louisiana election, less than 4 percent of all ballots are cast via absentee by mail balloting, and to surge our absentee ballots to a 100 percent paper is neither prudent nor practical for us. If we were forced to do so, as Secretary Merrill was stating, we would go from a $6 million election cost to over $12.6 million of which---- Mr. Butterfield. Suppose the Federal Government provided 100 percent of the cost, Mr. Secretary? Suppose the Federal Government provided 100 percent of that cost, would that be helpful? Mr. Ardoin. If it covered 100 percent of the cost? I don't know that it could cover 100 percent of the cost. Mr. Butterfield. But that is our legislation, to provide 100 percent of the cost of the November election for every State in the country. And if you have some financial concerns, I think we need to set that aside because we proposed to pay 100 percent of the cost. Let me go to the other secretary from Alabama. Sir, you, in essence, said that the States need to run their own elections free from Federal interference. Mr. Merrill. Yes, sir. Mr. Butterfield. Those were code words back during the voting rights movement, code words for States' rights, and I pushback whenever I hear that. Is that your meaning? Mr. Merrill. Oh, yes, sir---- Mr. Butterfield. Let me just finish. Do you feel that the Federal Government has no right under any circumstances to get involved in State elections? Mr. Merrill. Yes, sir, I agree with that, unless you see that someone is violating the trust and confidence of the process or that they are intentionally trying to reduce the participation efforts of any one individual or any group of individuals. That is not happening in our State. As a matter of fact, I just shared empirical data with you to prove that it is not happening, and we want to continue to do what we are doing. We do believe---- Mr. Butterfield. But you said under some circumstances--you are conceding that, under some circumstances, the Federal Government would have some role in the State if voting rights were being denied or affected? Mr. Merrill. Yes, sir. If that was necessary, but in the case, just like in the Shelby case, the Supreme Court realized that that was not necessary at this time to continue that oversight, and that is the reason why they ruled the way they did, and that is the reason why we were able to change a voting site from a community center to a church. Mr. Butterfield. You do know that section 5 in the case that came out of your State was not dismantled by the Supreme Court. What the Supreme Court did was to invite the Congress to update the formula that gives life to section 5, and so there is a role for the Federal Government---- Chairwoman Fudge. Mr. Butterfield? Mr. Butterfield. Yes. Chairwoman Fudge. Mr. Butterfield, your time is up, but I will say that, Mr. Merrill, your interpretation of Shelby is not accurate. I will now move to Ranking Member Davis, you are recognized for five minutes. Mr. Davis of Illinois. You know, thank you, Madam Chair. And thank you to all the witnesses. I am sorry to the two secretaries--and my colleague, Mr. Butterfield is a good friend of mine--we know that there is a role that the Federal Government can play. Obviously, we want to make sure that every single person, as Republicans, Democrats, but most of all because we are Americans, let's make sure that everybody gets a chance to cast that vote. And I commend what is happening in your State based on your statistics, Secretary Merrill, that you are continuing to increase the voter turnout. We had record voter turnout in the States that are--in Wisconsin, in particular, and in Georgia, two States that were mentioned during this testimony. I like that. I want to see continued record turnout. I certainly hope we have it in 2020, and what we are saying here, once again, is that we want to make sure that our States are able to address those turnout issues and make sure that they give everybody a chance to vote. So, with that, we know there is a role for the Federal Government to play, Mr. Secretaries, or you guys wouldn't be here today talking to Representatives of the Federal Government. I appreciate your participation. I got a couple of yes-or-no questions just for both secretaries. Secretary Ardoin and Secretary Merrill, I am going to go through a few yes or noes, and I will give you a chance to expand at the end. We will start with Secretary Ardoin each time. Do either of your States have in place infrastructure to support a Federal election entirely by mail? Mr. Ardoin. No, sir. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. No, sir. Mr. Davis of Illinois. Do either of you think it is possible for all 50 States to convert to an all-mail election by November? Mr. Ardoin. Mr. Ardoin. Absolutely not. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. There is no doubt it's impossible, and that is based on experts from the States that do it best. Mr. Davis of Illinois. What percentage of the ballots cast in your State in 2018 were through the mail? Mr. Ardoin. .9 percent. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. Almost 4 percent, Congressman. Mr. Davis of Illinois. Mr. Ardoin and Mr. Merrill, both of your States allow those with a disability or illness to vote absentee. Is that correct? Mr. Ardoin. Yes, sir. Mr. Merrill. Yes, sir. And we passed a law in 2019 to give them permanent disability access through absentee. Mr. Davis of Illinois. Those with a disability can also vote in person if they feel that is easier for them too, correct? Mr. Ardoin. Correct. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. Yes, sir, Congressman. Mr. Davis of Illinois. Do both of your States have in place protections against unlimited ballot harvesting? Mr. Ardoin. It was just passed this legislative session unanimously and with lots of bipartisan support. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. Yes, sir, Congressman, that law has been on the books for several years. Mr. Davis of Illinois. Have both of you received your 2020 supplemental federal funds? Mr. Merrill. Yes. Mr. Davis of Illinois. Mr. Ardoin. Mr. Ardoin. Yes, sir. Mr. Davis of Illinois. I heard you answer, Mr. Merrill, already. You said yes. And are you putting these funds to use to help administer elections in light of the COVID-19 panic? Mr. Ardoin. Mr. Merrill. Mr. Merrill. Yes, sir. We are exclusively, and we have a detailed plan that we would like to share with the members if they would like to see it. Mr. Davis of Illinois. Okay. If you would like to submit that for the record, we will take that and make sure that it gets submitted, sir. Mr. Merrill. Yes, sir, we will. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Any documentation too, Secretary Ardoin, you are more than welcome to have it for the record too. Mr. Ardoin. Will do. Thank you. [The information follows:] ******** COMMITTEE INSERT ******** Mr. Davis of Illinois. Do either of you believe you need any more federal mandates to administer your elections ahead of the November election? Mr. Ardoin. Absolutely not. Mr. Davis of Illinois. Mr. Merrill. Mr. Merrill. No, sir, I do not think so. Mr. Davis of Illinois. Okay. Secretary Ardoin, my understanding is that you have already put in place an emergency plan for your upcoming State elections. Can you tell us what that plan looks like in a very quick manner so I can get one more question to Mr. Merrill? Mr. Ardoin. Yes, sir. Congressman, we extended early voting from seven days to an additional six days. So 13 days total. We created a separate absentee by mail application process for several reasons that you might have the COVID concerns that you have quarantined, taking care of a family member who is susceptible, and for the most susceptible population. And, additionally, we have made certain that we will have all the personal protective equipment available to voters and to the poll workers. Mr. Davis of Illinois. Mr. Merrill, how do you see COVID-19 impacting elections in the future? Mr. Merrill. Congressman, it is difficult to say. That would call for speculation and conjecture on my part. I do think it is important to make sure that we take those factors that have been introduced in this cycle and make sure that they are considered whenever we are developing any plan for the future. But to say exactly what will happen and what should happen would be inappropriate. Mr. Davis of Illinois. Well, thank you. And as I have one second left, Mr. Dimondstein, thank you very much for the hard work that your men and women at the United States Postal Service do every year to make our elections fair and to make sure every vote is counted. I yield back. Chairwoman Fudge. Thank you. Mr. Aguilar, you are recognized for five minutes. Mr. Aguilar. Thank you, Madam Chair. I appreciate the opportunity and appreciate our panelists here today. It should be the goal of this Committee to remove the barriers that prevent Americans from voting. Right now, that means making sure voting is safe in the midst of a global pandemic that has killed more than 110,000 in our country. Despite the claims made by the minority on this Committee, there is no significant risk of voter fraud associated with ballot assistance. Instead, we know that these methods allow more people to safely participate in our democracy. Recently, the minority crafted a 12-page report that goes from logical leap to logical leap to conflate a small possible risk of abuse with likely voter fraud. I find this conclusion to be untrue and unsupported by any of the tenuous points that they presented in their report. This 12-page report does not give a single example in which California has experienced ballot return fraud, yet they keep coming back to this issue. We all know that examples of voter fraud are exceedingly rare, especially when compared to the tens of millions of votes that are cast each year, but something that we don't hear a lot about, especially from the President, even though, he, himself, votes by mail, I would like to direct this to Ms. Clarke and Mr. Norden. I would love to hear more about the processes election administrators go through to ensure the integrity of the ballot processes. Ms. Clarke. Thank you for that question, Congressman. In our view, there are already safe mechanisms in place that ensure that absentee ballots are cast safely, securely, and with integrity. The rules vary State by State. There are some States that have in place absentee ballot verification requirements. And we are deeply concerned that those rules and restrictions are not administered in an unfair and discriminatory manner. There are stiff penalties on the books that serve as a deterrent to fraud. And as you note, the instances of fraud are exceedingly rare and used as pretext to impose burdens that prove unfair to voters. So, in our view, it is about opening up access; that is the challenge that we are up against. And fraud is, indeed, exceedingly rare in our democracy. Mr. Norden. Thank you, Congressman, for the question. I will just add, I agree that mail ballot fraud is exceptionally rare. The Brennan Center has calculated that the rate of mail balloting fraud is lower than the rate of Americans to be struck by lightning. That is true for mail ballot, and it is true for in-person voting. We know how to do mail balloting securely. We have had mail balloting since the civil war. The military has voted since that time by mail. And States have a variety of steps that they take to prevent fraud and to detect and capture any kind of attack on the system. Very common step that every State has is they have a secrecy envelope for mail ballots. Election officials use that secrecy envelope to verify the identity of a voter. They do that with personal information or a signature often. States have adopted ballot tracking the same way you would track a package from Amazon. States have software now that allows the voter and the election official to track that ballot every step of the way and to prevent any kind of tampering or discarding of the ballot. And it also allows, to the extent that any ballot has been called into question, an election official to remove that ballot if they have concerns about it. I would finally say, one of the real benefits of mail ballots is that they are hand-marked paper ballots. And, of course, we are dealing with very real cybersecurity threats that the intelligence agencies have warned us about. With a paper ballot, we can do an audit afterwards to make sure that the machines that are tallying those votes are doing so accurately. So I think there is a lot of opportunity for ensuring that our systems are as secure as possible. Mr. Aguilar. And I agree. I think we would all agree. There are instances where there is voter fraud. We need to do everything we can. Recently, and I would just put this on the radar for the Chair and the Ranking Member, it has been reported that police officer Derek Chauvin is a--voted in the Florida election while being a Minnesota police officer. So I think in all of these cases where there is voter fraud, even though it is rare, we need to do everything we can to call attention to it and to prosecute those individuals who are committing of those crimes. With that, thanks so much, Madam Chair. Chairwoman Fudge. Thank you very much. Mr. Loudermilk, you are recognized for five minutes. Mr. Loudermilk. Thank you, Madam Chair. I appreciate the opportunity to participate in this forum, especially right after Georgia's election, which clearly did have some issues, which was brought up. I don't think it is constructive, though, to immediately cast blame on that there is voter suppression or that there was ill-intent in what went on in Georgia because, first of all, there is no evidence of that. And, second of all, if we are going to fix problems for other States in coming elections, this is a good time to look at what problems were faced in Georgia. Just a little background. Georgia has 159 counties. Our State law requires that each county has their own elected election--their own election official, which runs the elections in every county, from everything of sending out the absentee ballots that were requested, to running the polling places, to training the poll workers, and recruiting the poll workers. The Secretary of State provides the tools to do that and trains the trainer. Of the 159 counties in Georgia, yesterday, 150 of those counties reported no significant problems whatsoever across the State. Seven counties did encounter problems. Seven of those counties rectified their problems very early on and were able to reduce the lines that were quite long and continued on and reported that the system worked very well. Of the two counties, 80 percent of the problems we saw were in one county, Fulton County. And as we go through what happened in the county was a series of events. There was nothing nefarious that went on. If there was any voter suppression in that county, then it was--it would have been done by the local county officials, which are all Democrats at this point. So there was no voter suppression involved in this that we could tell. The State is investigating to see what happened so we can rectify the problems. We do know that the county election officials did not get the absentee ballots to the vendor in time to get out and then didn't notify those voters affected that they weren't going to receive absentee ballots. There were last-minute changes to polling precincts. Why were those changed? Because the county officials and the fire departments made the decision they couldn't use certain fire departments as polling places because of the fear of COVID-19 spreading to the firemen. Churches, which traditionally were voting precincts, had decided they could not have their churches open as voting precincts because of the fear of COVID- 19. These are things that should have been addressed early on, and they weren't. Poll workers were brought in at the last minute because, quite frankly, in most of our counties, the poll workers are elderly, which are in a critical class, and they did not feel comfortable coming in to work. The problem was the county tried to do all of the poll worker training online instead of face-to-face training to where they could ensure that there was proficiency. So the voting machines worked fine. We have voting machines that do produce a paper ballot, and you get to verify the paper ballot. I voted in-person early voting. And you get to verify that. So you do have the paper ballot as an audit trail that that is the way that you voted. The issues we must address, those in Georgia, I think it was a good test being a primary election before we get into November that we can actually rectify these problems. The legislature may look at giving more power to the secretary of state to intervene and rectify problems if the local officials are not able to resolve them themselves, but it is not productive to immediately jump on the idea that there was something nefarious that went on in the election system. We are not going to fix the problems that way. I do appreciate something that was just said, is that we have been doing voting by mail for many years, and it has worked well. I will agree with that. The reason it has worked well is because it has been run at the State level, and every State is different. What I am objecting to and what the two secretaries of state and most of the secretaries of state I talk to are objecting to, is the Federal takeover of the election system and the mandates. So I laid that out. One question I have for Secretary Ardoin. You have mentioned that you have made some changes to be able to handle your elections better during the COVID crisis, and as we saw in Georgia, there is still some changes that we are going to have to make. Are there any adjustments that you plan to make for election day in Louisiana based on some of the information you have seen or what happened in Georgia? Mr. Ardoin. Well, basically, what we are trying to do is increase our number of commissioners available to assist voters with social distancing and to be able to access the ballot in terms of in-person voting, especially during the extended early voting days. On election day, with the absentee ballot expansion program that we have put forth and for our 65 and older absentee program, we have seen a large increase in the number of applications for absentee voting. We feel comfortable with that process because we are able to verify signatures and addresses. Our concern is that if we don't have that process in place, then we would probably be mailing ballots to addresses that people no longer live at. I think you can take the quote from ProPublica in a March 24 piece that said, quote---- Chairwoman Fudge. Could you please wrap up? His time has expired. Mr. Ardoin. Yes, ma'am. Among the possible downsides of a quick transition are increased voter fraud, logistical snafus, and reduced turn out among voters who move frequently or lack a mailing address. That is important to the process that we make sure that the voter is at the address where the ballot is being sent. Chairwoman Fudge. Thank you so much. Mrs. Davis, you are recognized for five minutes. Mrs. Davis of California. Thank you very much, Madam Chair. Thank you for having me for this panel today. Secretary Merrill, you said in your testimony that you have encouraged anyone who is concerned about contracting or spreading COVID-19 to apply for and cast an absentee ballot through the July primary runoff under the physical illness or infirmity excuse. Mr. Merrill. Yes. Mrs. Davis of California. But many public health experts are acknowledging that there is a good chance that we will see a resurgence of COVID-19 in the fall. So I am wondering, for one thing, what would success in this area look like for you? What are you looking for? If you are giving people the excuse-- and, as I will mention in a second, they still have to go through a number of hoops--but what would that look like to you? What would be success that you have changed this? Mr. Merrill. Yes, ma'am. Yes, ma'am. They just have to continue to do what they have been doing for years as far as applying for an absentee ballot and then successfully submitting that, of course, with their qualified photo ID. And in doing that, I would say that success would mean that we didn't have issues related to people attempting to do that and being able to do so successfully. And so far our numbers have indicated that that is exactly what is happening. As of yesterday, more than 20,500 absentee ballot applications had been requested, which is not an inordinate number, but it is higher than you normally see for a runoff. But if we are still where we are today as we move toward November, we will calculate what we need to do in order to provide this type service for our voters when we go to the general election in November. Mrs. Davis of California. So can you commit then to extending this expansion of absentee ballot eligibility for the November election if you believe, in fact, that it was successful? Mr. Merrill. Yes, ma'am. And one of the things that needs to be understood is that the reason that I am able to designate that particular excuse provision for our voters is because the Governor has declared a state of emergency in Alabama. Now that will be expiring sometime in the next month or so. And if she extends that, then I will be in a position to do that as well based on her---- Mrs. Davis of California. Yeah. Well, one of the reasons that you have a lot of specifications in terms of excuses, as I understand it, you want the elections to be more secure---- Mr. Merrill. Yes. Mrs. Davis of California [continuing]. But can you explain to me, what is the difference between having somebody who works 10 hours have an excuse and somebody who works 9 hours not have an excuse? And, I mean, how much time do you have to have people spending to be able to slice and dice, you know, exactly the excuses that people are presenting? How do you know that people might be fearing COVID versus---- Mr. Merrill. And the answer to the question is we don't. As a matter of fact, one of the things that I think is time for our legislature to do is to revisit the excuse provisions that are a part of the absentee ballot process. We actually provided support for a bill that we wrote in 2017 that was carried by an African American senator from Birmingham to change and enhance the absentee process which resulted in a successful passage of that legislation in 2019, but in 2017, as we started that process, part of that bill was to eliminate the provisions for excuses to be offered. Mrs. Davis of California. So perhaps doing away with those because, in addition to allowing for COVID-19, I mean, you are also requiring that people find a notary. So it has to be notarized. Is that correct? Mr. Merrill. Yes, ma'am. They could have two witnesses. It does not have to be---- Mrs. Davis of California. They could have two witnesses. So we are doing social distancing now, so why would you put people in a position to be in close contact with another two people signing--having to look at a signature together with that person as well as a notary? I mean, it sounds to me like you are adding some steps for people that are unnecessary. Mr. Merrill. No, ma'am. Matter fact, people have not had a difficult time protesting things that have been important to them in the last few days. So if they are interested in voting, they will be interested in contacting their neighbor to secure the signature that is required in order for their ballot to be counted for the candidate of their choice. Mrs. Davis of California. And you need probably a number of people to be able to check all these things. So perhaps you could put that effort in another way. I wanted to ask you because you have a lot of numbers in front of you, in your head, I am sure. I appreciate that. Mr. Merrill. Yes, ma'am. Mrs. Davis of California. But you said there were six convictions for voter fraud in Alabama. How many ballots were cast during that time? Mr. Merrill. Oh, several million. Mrs. Davis of California. Is this the last election you are talking about? Mr. Merrill. Oh, no, ma'am. No, ma'am. That is since January 19, 2015, when I became---- Mrs. Davis of California. Okay. How many ballots? Mr. Merrill. Oh, millions. Mrs. Davis of California. Millions. And what percentage of those ballots cast--what percentage, you know, resulted in convictions for voter fraud? Mr. Merrill. Well, we have had six convictions on voter fraud, two elections overturned, and one elected official removed because of what occurred in those elections processes, but this is the point that I wanted to make sure that we made. It is very important to remember that, whether there was one or whether there were 10,001 convictions, it is just like refusing the right to allow someone to vote or register to vote; if you are making it difficult for them to participate in the process, that should never be tolerated, and voter fraud should never be tolerated. Mrs. Davis of California. Of course. Of course. None of us here, I can assure you, sir---- Chairwoman Fudge. Mrs. Davis, your time is expired. Mrs. Davis of California [continuing]. Nobody on this panel believes in having the fraud, but you need to look at that percentage. And also what is different between an uncast ballot and an unaccounted for ballot. A lot of people choose not to vote in the end for a variety of reasons. Thank you, sir. Chairwoman Fudge. Thank you, Mrs. Davis. Mr. Raskin, you are recognized for five minutes. Thank you. Mr. Raskin. Thank you, Madam Chair. Ms. Ifill, I want to come to you because I am very concerned about what I saw in Georgia. It seemed like there was a lot of chaos there. People were blaming it on high turnout. I would hope we would not consider high turnout a problem. That is what we are seeking. But today I have heard a lot of criticism of vote by mail. And is vote by mail uniquely susceptible to fraud? Ms. Ifill. Not particularly, Representative Raskin. And I think it is really quite alarming just hearing the conversation in which we have talked about money, we have talked about how much things might cost, we have talked about fraud, and we actually have not really focused, at least in terms of hearing the secretaries of state of two States with which I am in litigation at the moment, talk about people and particularly talk about the large African American populations in each of their States who are susceptible to COVID and particularly African Americans who suffer from preexisting health conditions and disabled populations in their State. And we really haven't heard either secretary address what that means and what it means for those voters. So when we talk about these absentee convictions that Secretary Merrill is talking about, six convictions he says. And I don't know the nature of those, but that is actually very few as has been pointed out in comparison to votes cast. And both of the secretaries have talked about how few in their States tend to vote absentee. We are here having this conversation because we are in the midst of a global pandemic. Many more people will want to vote absentee, and we saw that in Georgia. We saw how many people didn't receive the ballots. We saw how many people came out to vote, but found that their polling places were changed. We understand, as we heard earlier from Representative Loudermilk, that many people who work in polling places are elderly and, therefore, will call out and won't want to work on election day and expose themselves to COVID. And I haven't heard what are the comprehensive plans to deal with that and to protect the population that is most vulnerable and who want to participate fully in the political process. Identifying six voter fraud convictions over a number of years simply doesn't cancel that out. Mr. Raskin. So I understand that voter registration rates have plummeted because of COVID-19. I consider that really alarming. What can be done to deal with that problem? Ms. Ifill. So, first of all, I also want to correct the record because Secretary Merrill talked about the increase in voter registration in the State of Alabama. I just want--and he also talked about the Federal role. I do want to point out that the State of Alabama has to enter into memorandums of agreement with both the Department of Justice and with the NAACP in 2014 and 2015 for their failure to comply with registration provisions in the National Voter Registration Act. This is exactly why you need civil rights litigations. This is why you need the Federal authority, and so, to extent they are touting those numbers, we should be very clear that it required intervention to make sure that in public benefits offices and in the DMV, they were doing the registration that they need to do. We need more online registration. We don't want people to have to engage in-person in any of these offices if they don't have to and especially if they are disabled and especially if they are particularly vulnerable to COVID infection. And so we want to increase the possibility of people being able to register online. We want to increase the possibility of people being able to absentee vote. We want to increase the possibility of them being able to absentee vote without having to engage in physical contact with a notary. We have elderly people who are separated from their children. Their children don't want to come see them because they want to make sure that they are safe, and yet they have to have two witnesses sign their absentee ballots in Alabama, one witness in Louisiana. Mr. Raskin. I want to shift to Kristen Clarke. Ms. Clarke, it is at the heart of American self- understanding that we believe in the right of every citizen to vote and to have his or her vote counted and to be part of self-government through the system of elections, and yet, at the same time, when you look at it historically, there has always been tremendous opposition and resistance to letting everybody vote, and there have been a whole series of very fancy rationales put up to explain why you really need to own property in order to vote so you are invested in the community or you really need to achieve certain levels of literacy before you could vote or you needed to live in a certain place long enough before you could vote. How do you explain this paradox that we believe very strongly in the right to vote and yet there are always people ginning up some justification for trying to keep other people from casting their ballots? Ms. Clarke. I have to say that the opposition that we are seeing to absentee balloting is illogical and difficult to understand because this has been a feature of our voting system that extends back to the 1800s when people in the military were allowed to vote by mail. We send ballots overseas to those serving the United States proudly. We send ballots overseas to citizens who may be living temporarily abroad without issue or without concerns about fraud. So we can send ballots down the street to ensure that people during the middle of a global pandemic that is impacting Americans from every corner but disproportionately people of color, we can send ballots down the street to ensure that they have voice this season. Mr. Raskin. I yield back. Thank you very much. Chairwoman Fudge. Thank you all very, very much. I really think I pretty much heard everything I need to hear today. I want to thank all the witnesses. Mr. Davis, do you have any closing comments? Mr. Davis of Illinois. Thank you, everyone. I appreciate the opportunity to be here. We have heard from our witnesses. Thank you for your testimony. And before I yield back, Madam Chair, I ask unanimous consent to enter into the record three items: a letter from 14 secretaries of state regarding Federal funding, a letter from the Niskanen Center, and a statement from Representative Loudermilk on one of his staffers who lives in Maryland receiving multiple live absentee ballots to his address. And I yield back. Chairwoman Fudge. Without objection. [The information follows:] ******** COMMITTEE INSERT ******** Chairwoman Fudge. Let me just close by saying this. I have listened to this hearing, and I am so disappointed. You know, there is a little thing, Mr. Secretaries, called the Constitution of the United States that allows us to do what we are doing today. Whether you like it or not, that is the law. Secondly, I think it is just so misleading to continually talk about fraud. It is just nothing but a front; it is just foolishness. So you would punish the many to catch one. That is not the American way for anyone. You know, we talk about cheats. You talked about 83 ballots going to one address. If your office didn't catch that, I think that your office may be not as competent as it ought to be. You didn't get 83 ballots from those people. So I think that, at some point, we have to all do what is right for the people of this country, and we cannot continue to spread these misleading and false statements about this widespread fraud. It doesn't exist. You have no proof of it. You talk about it, and you have not one iota of proof to support it. You know, the Georgia thing--you know, in law, we have a saying that the thing speaks for itself, and the Georgia situation does speak for itself. So I would say nothing more about that but to say that, if we all want for every American to exercise their unfettered, unabridged right to vote, we need to stop this foolishness now and do whatever it takes to make sure that every American has the right to vote. Panelists, I thank you all so much for being with us today. I hope that you continue to do the good work that the people of this Nation expected you to do. That includes the secretaries as well. I am sure they are well-meaning people, but I think that you need to be honest with yourself and honest with the people that you represent. Without objection, this hearing is adjourned. Have a great day everybody. [Whereupon, at 2:46 p.m., the Subcommittee was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]