Justices should effectively check government overreaching
The challenge for Judge Alito in the course of these hearings is to demonstrate that he will protect the rights and liberties of all Americans and serve as an effective check on government overreaching. The president has not helped
his cause by withdrawing his earlier nomination of Harriet Miers in the face of criticism from an extreme faction of his own party.
Source: Sam Alito Senate Confirmation Hearings
Jan 9, 2006
Voted YES on granting the District of Columbia a seat in Congress.
Cloture vote on the District of Columbia House Voting Rights Act:
Considers D.C. a congressional district for purposes of representation in the House.
D.C. shall not be considered a state for representation in the Senate.
Limits D.C. to one Member under any reapportionment.
Increases membership of the House from 435 to 437.
Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.
[Washington DC currently has a "delegate" to the US House, whose vote does not count. Utah had complained that the 2000 census did not count many Utahns on Mormon missions abroad].
Opponents recommend voting NO because:
Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the
Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.
Proponents support voting YES because:
Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.
Reference: District of Columbia House Voting Rights Act;
Bill S. 1257
; vote number 2007-339
on Sep 18, 2007
Voted NO on requiring photo ID to vote in federal elections.
Vote on Dole Amdt. S.2350, amending SP2350 (via the College Cost Reduction Act): To amend the Help America Vote Act of 2002 to require individuals voting in person to present photo identification.
Proponents support voting YES because:
Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.
Opponents recommend voting NO because:
Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.
Voted YES on allowing some lobbyist gifts to Congress.
A motion to table (kill) an amendment to clarify the application of the gift rule to lobbyists. Voting NAY would define employees of lobbying companies as registered lobbyists and therefore subject to the gift ban. Voting YEA would apply the gift ban only to specific people who registered as lobbyists.
Proponents of the amendment say to vote NAY on the tabling motion because:
Using the term "registered lobbyist'' will create a huge loophole. The Ethics Committee treats the actual listed lobbyists as registered lobbyists, but not the organization.
So, for example, a company can give a Senator free tickets to a show or a baseball game, as long as a lobbyist doesn't actually offer or handle them. If the lobbyist's secretary makes the call, that would be permitted.
If these companies can still give gifts, we won't have a real lobbyist gift ban. We won't be able to look the American people in the eye and say, "We just banned gifts from lobbyists,'' because we didn't.
Opponents of the amendment say to vote YEA on the tabling motion because:
I can tolerate not accepting gifts from lobbyists. But this amendment goes a step further which is problematic.
For example, I am a big fan of McDonald's. What about the kids working behind the counter? Would they be considered registered lobbyists because McDonald's has lobbyists? Would I not be able to go to lunch with my longtime friend who owns 12 McDonald's?
Every company in the Fortune 1000 employs a lobbyist, either a private firm or an in-house lobbyist. Under this amendment, every person who works for Exxon, Wal-Mart, Home Depot, and countless other businesses that employ lobbyists in Washington would be considered registered lobbyists.
If we want to ban the CEO and chairman of the board of the company from paying for a meal, or the head of a labor union, do that specifically. But this is so broadly developed I think it goes way beyond that.
Voted NO on establishing the Senate Office of Public Integrity.
An amendment to establish the Senate Office of Public Integrity. Voting YEA would establish the new office, and voting NAY would keep ethics investigations within the existing Senate Ethics Committee.
Proponents of the bill say to vote YEA because:
We have heard from the media about the bribes and scandals, but we have heard only silence from the House Ethics Committee. One of the greatest travesties of these scandals is not what Congress did, but what it didn't do.
The American people perceive the entire ethics system--House and Senate--to be broken. We can pass all the ethics reforms we want--gift bans, travel bans, lobbying restrictions--but none of them will make a difference if there isn't a nonpartisan, independent body that will help us enforce those laws.
The Office of Public Integrity established in this amendment would provide a voice that cannot be silenced by political pressures. It would have the power to initiate independent investigations
and bring its findings to the Ethics Committees in a transparent manner.
Opponents of the bill say to vote NAY because:
The Constitution gave us not only the right but the duty to create our own rules, including the rules concerning our ethics. They are enforced internally by the Senate itself.
The decisions made under this amendment would be no different than right now. The final decision will be made by the Senate Ethics Committee. All this really does is find a way to further publicize that complaints have been made.
We have people accusing us almost daily of having done something wrong and publishing it through blogs and all that. I think we should be very careful in setting up another tool for these bloggers to create more charges against the Senate.
I cannot support an amendment that either replaces the Senate Ethics Committee or adds another layer to our already expensive and time-consuming process. I urge the Senate to defeat this provision.
Voted YES on banning "soft money" contributions and restricting issue ads.
Vote on passage of H.R. 2356; Bipartisan Campaign Reform Act of 2002 (Shays-Meehan bill, House equivalent of McCain-Feingoldf bill). Vote to ban “soft money” contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.
Reference:
Bill HR.2356
; vote number 2002-54
on Mar 20, 2002
Voted NO on require photo ID (not just signature) for voter registration.
Motion to Table Schumer Amdt. No. 2937; To permit the use of a signature or personal mark for the purpose of verifying the identity of voters who register by mail, and for other purposes. Voting Yes would kill the amendment. The amendment would allow a signature to identify voters who register by mail, instead of requiring showing photo identification or other proof of residence before being allowed to vote.
Reference:
Bill S.565
; vote number 2002-38
on Feb 27, 2002
Voted YES on banning campaign donations from unions & corporations.
Vote to ban soft money donations to political parties and forbid corporate general funds and union general funds from being spent on issue ads. The bill would increase the individual contribution limit to candidates from $1,000 to $2,000.
Reference:
Bill S.27
; vote number 2001-64
on Apr 2, 2001
Voted YES on funding for National Endowment for the Arts.
This table motion would end debate on an amendment aimed at funding for the National Endowment for the Arts. Support for the motion to table is a vote for NEA funding. [YES to table means supporting the NEA; NO means defunding the NEA].
Status: Motion to Table Agreed to Y)80; N)16; NV)4
Reference: Motion to table Smith Amdt #1569;
Bill H.R. 2466
; vote number 1999-260
on Aug 5, 1999
Voted YES on favoring 1997 McCain-Feingold overhaul of campaign finance.
Support of the campaign finance bill proposed by Senators McCain (R-AZ) and Feingold (D-WI).
Status: Cloture Motion Rejected Y)53; N)47
Reference: Campaign Finance Reform Bill;
Bill S. 25
; vote number 1997-267
on Oct 7, 1997
Voted NO on Approving the presidential line-item veto.
Approval of the presidential line-item veto authority.
Status: Conf Rpt Agreed to Y)69; N)31
Reference: Conference Report on S. 4;
Bill S. 4
; vote number 1996-56
on Mar 27, 1996
Voted NO on banning more types of Congressional gifts.
To exclude certain items from the Congressional Gift Ban.
Status: Amdt Failed Y)39; N)60; NV)1
Reference: Murkowski Amdt to S. 1061;
Bill S. 1061
; vote number 1995-339
on Jul 28, 1995
Criminalize false or deceptive info about elections.
Leahy co-sponsored criminalizing false or deceptive info about elections
OFFICIAL CONGRESSIONAL SUMMARY: Amends federal criminal law to prohibit any person from knowingly deceiving any other person regarding:
the time, place, or manner of conducting any federal election; or
the qualifications for or restrictions on voter eligibility for any such election.
Creates a private right of action for any person aggrieved by a violation of such prohibition. Prescribes a criminal penalty for such deceptive acts.
SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: Voter participation is fundamental to our democracy, and we must do all we can to encourage those who can to vote. I also hope voters go to the polls with accurate information about what is on the ballot, where they are supposed to vote, and what our Nation's voting laws are.
It might surprise some of you to know, but even in this awesome age of technological advancement and easy access to information, there are folks who will stop at nothing to try to deceive people
and keep them away from the polls. These deceptive practices all too often target and exploit vulnerable populations, like minorities, the disabled, or the poor.
Deceptive practices often rely on a few tried and true tricks. Voters are often warned that an unpaid parking ticket will lead to their arrest or that folks with family members who have been convicted of a crime are ineligible to vote. Of course, these warnings have no basis in fact, and they are made with one goal and one goal only: to keep Americans away from the polls.
The bill I am introducing today provides the clear statutory language and authority needed to get allegations of deceptive practices investigated. It establishes harsh penalties for those found to have perpetrated them. Deceptive practices and voter intimidation are real problems and demand real solutions like those offered in my bill.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.
Source: Voter Intimidation Prevention Act (S.1975/H.R.4463) 05-S1975 on Nov 8, 2005
Reject photo ID requirements for voting.
Leahy co-sponsored rejecting photo ID requirements for voting
OFFICIAL CONGRESSIONAL SUMMARY: Expresses the sense of Congress that:
a requirement that U.S. citizens obtain photo identification cards before being able to vote has not been shown to ensure ballot integrity and places an undue burden on citizens' legitimate voting rights; (
the Department of Justice should challenge any state law that limits a citizen's ability to vote based on discriminatory photo identification requirements; and
any effort to impose national photo identification requirements for voting should be rejected.
SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: I am submitting a resolution to express the Senate's strong disapproval of recent efforts to disenfranchise Americans. Unfortunately, too many electoral reform efforts seem intent on limiting access to the ballot as opposed to expanding it. In the mid-20th century, the poll tax was the preferred means of disenfranchising large minority populations, specifically
African Americans. Today, the poll tax is taking on a new form--a photo identification requirement for voters.
According to the National Commission on Federal Election Reform, such a requirement would "impose an additional expense on the exercise of the franchise, a burden that would fall disproportionately on people who are poorer and urban." Nevertheless, a number of States, including Georgia, have recently passed laws mandating government-issued photo identification for voters at the polls. Nationwide, at least 12% of eligible drivers do not have a driver's license. And Georgia has made it difficult for rural and urban folks to obtain their voter photo identification.
The Carter-Baker Commission on Federal Election Reform acknowledges that there is "no evidence of extensive fraud in U.S. elections or of multiple voting."
LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.
Source: Resolution on Voting (S.CON.RES.53) 05-SC53 on Sep 20, 2005
Prohibit voter intimidation in federal elections.
Leahy co-sponsored prohibiting voter intimidation in federal elections
Makes it unlawful for anyone before or during a federal election to knowingly communicate false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.
Introductory statement by Sponsor:
Sen. OBAMA: This bill seeks to address the all-too-common efforts to deceive voters in order to keep them away from the polls. It's hard to imagine that we even need a bill like this. But, unfortunately, there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What's worse, these practices often target and exploit vulnerable populations, such as minorities, the disabled, or the poor. We saw countless examples in this past election.
Some of us remember the thousands of Latino voters in Orange County, California, who received letters warning them in
Spanish that, "if you are an immigrant, voting in a federal election is a crime that can result in incarceration."
Or the voters in Virginia who received calls from a so-called "Virginia Elections Commission" informing them--falsely--that they were ineligible to vote.
Or the voters who were told that they couldn't vote if they had family members who had been convicted of a crime.
Of course, these so-called warnings have no basis in fact, and are made with only one goal in mind--to keep Americans away from the polls. We see these problems election after election, and my hope is that this bill will finally stop these practices. This bill makes voter intimidation & deception punishable by law, and it contains strong penalties. The bill also seeks to address the real harm of these crimes--people who are prevented from voting by misinformation--by establishing a process for reaching out to these misinformed voters with accurate information so they can cast their votes in time.
Source: Voter Intimidation Prevention Act (H.R.1281 & S.453) 07-S453 on Mar 1, 2007
Prohibit 'voter caging' which intimidates minority voting.
Leahy co-sponsored prohibiting 'voter caging' which intimidates minority voting
Rep. CONYERS: "Since the late 1950's, the pernicious practice of 'voter caging' has been used to discourage or prevent eligible voters from casting their vote. Recent elections have shown that caging tactics are not outdated, and in fact, have disenfranchised voters in recent midterm and Presidential elections. While caging efforts have traditionally been directed at minority communities, all voters are susceptible to these attempts at voter intimidation and suppression.
"The undemocratic practice of voter caging involves sending mail to voters at the addresses at which they are registered to vote. Should such mail be returned as undeliverable or without a return receipt, the voter's name is placed on a 'caging list.' These caging lists are then used to challenge a voter's registration or eligibility.
"In my home State of Michigan, I have seen firsthand how caging efforts are used to harass, bully, and ultimately disenfranchise, eligible voters. With a
Michigan lawmaker advocating 'suppress the Detroit vote,' I cannot help but think that is synonymous with 'suppress the Black vote' as Detroit is 83% African American. These voter suppression campaigns always seem to target our most vulnerable voters--racial minorities, low-income people, homeless people, and college students.
"Caging tactics meant to suppress the vote do more than impede the right to vote. They threaten to erode the very core of our democracy. By eliminating barriers to the polls, we can help restore what has been missing from our elections--fairness, honesty, and integrity."
S.2305: PROHIBITION ON VOTER CAGING: No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or challenge an individual's registration status or eligibility to vote, if the sole basis for such decision or challenge is evidence consisting of a voter caging document or voter caging list; or an unverified match list.
Source: Caging Prohibition Act (S.2305/H.R.5038) 2007-S2305 on Nov 5, 2007
