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It took nearly four months for a form letter reply, but it still hasn't put a damper on my opinion that Sen. Durbin is an outstanding legislator.
Dear Mr. xxxxx:
Thank you for contacting me to share your thoughts on the outcome of the November 2, 2004, Presidential election. I appreciate hearing from you.
Like you, I was disappointed with the outcome of the election. I am glad that when Congress met in a joint session on January 6, 2005, to certify the votes of the Electoral College, Senator Barbara Boxer of California and Representative Stephanie Tubbs-Jones of Ohio forced a debate in the House and Senate regarding voting irregularities in Ohio. However, since President Bush's certified margin of victory in that state exceeded 100,000 votes, it is clear that Senator Kerry was correct in announcing his concession on November 3, 2004.
While there were voting irregularities in Ohio, there was insufficient evidence of massive voter fraud or other election law violations of sufficient magnitude to have altered the outcome of the election in that state. Furthermore, with supporters of President Bush holding a majority in both the Senate and the House of Representatives, the objection to the Ohio electors was certain to fail. However, Senator Boxer raised an important issue. We need to engage in a debate that questions not simply the results of this single election but, rather, the integrity of our entire electoral system. We can, and we should, do better job of ensuring a fair and accurate vote.
Due to widely differing electoral procedures presently enacted by states across America, voters who wish to cast a vote for President or Vice President can't approach the polls with complete certainty that they can vote in a fair and convenient manner, or that their vote will be counted accurately.
Any voter who arrives at a polling place and does not appear on the rolls of registered voters must be offered and permitted to cast a provisional ballot. However, those ballots are not handled uniformly across the nation. In Illinois, 61% of provisional ballots voted in Cook County were counted for federal offices, even if voters cast them outside of the precinct in which they were registered to vote. In DuPage County, only 26% of provisional ballots cast were counted, because the county disqualified ballots which were cast by voters who voted at polling places outside their home precinct on Election Day. How is the fundamental right of an American citizen to have his or her vote counted ensured when voting procedures can vary so dramatically not just from state to state, but from county to county?
I am also concerned about the potential for tampering with electronic voting machines. One proposed solution is to require an auditable paper voting record for each ballot cast. I support this approach. During the 108th Congress, I cosponsored the Voting Integrity and Verification Act (S. 2437), a measure introduced by Senator John Ensign of Nevada, which would have required such a paper trail by 2006. This bill was referred to the Senate Committee on Rules and Administration but did not receive a vote in the full Senate before the close of the 108th Congress. I am hopeful that similar legislation will be introduced soon in the 109th Congress.
The Constitution presently contains no express provision guaranteeing citizens the right to vote. Representative Jesse Jackson, Jr. of Illinois has proposed a Constitutional amendment that would state clearly and unequivocally that citizens have a right to vote in America. While I do not believe that the Constitution should be amended lightly, I believe that Representative Jackson's proposal deserves a debate and close scrutiny.
The historic debate over the objection to the certification of the 2004 election that was raised by Senator Boxer and Representative Tubbs-Jones was certainly only the first step toward meaningful reform of our electoral system. I will keep your views in mind as Congress continues to consider legislation protecting the voting rights of all Americans.
Thanks again for contacting me. Feel free to keep in touch. Sincerely,
Richard J. Durbin United States Senator
RJD/am
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