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U.S. GOVERNMENT PUBLISHING OFFICE WASHINGTON : 41–333 2020 VOTING RIGHTS AND ELECTION ADMINISTRATION IN THE U.S. VIRGIN ISLANDS AND OTHER TERRITORIES HEARING BEFORE THE SUBCOMMITTEE ON ELECTIONS COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION JULY 28, 2020 Printed for the use of the Committee on House Administration ( Available on the Internet: http://www.govinfo.gov/committee/house-administration VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING (II) COMMITTEE ON HOUSE ADMINISTRATION ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland SUSAN A. DAVIS, California G. K. BUTTERFIELD, North Carolina MARCIA L. FUDGE, Ohio PETE AGUILAR, California RODNEY DAVIS, Illinois, Ranking Member MARK WALKER, North Carolina BARRY LOUDERMILK, Georgia VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING (III) C O N T E N T S JULY 28, 2020 Page Voting Rights and Election Administration in the U.S. Virgin Islands and Other Territories .................................................................................................. 1 OPENING STATEMENTS Chairperson Marcia L. Fudge ................................................................................. 1 Prepared statement of Chairperson Fudge .................................................... 3 Hon. Rodney Davis, Ranking Member ................................................................... 5 Prepared statement of Ranking Member Davis ............................................. 7 WITNESSES Hon. Stacey E. Plaskett, Delegate, United States Virgin Islands ....................... 10 Prepared statement of Hon. Plaskett ............................................................. 12 Hon. Jenniffer Gonza´lez-Colo´n, Resident Commissioner of Puerto Rico ............ 18 Prepared statement of Hon. Gonza´lez-Colo´n .................................................. 20 Hon. Michael F. Q. San Nicolas, Delegate, Guam ................................................ 22 Prepared statement of Hon. San Nicolas ........................................................ 24 Hon. Gregorio Kilili Camacho Sablan, Delegate, Commonwealth of the North- ern Mariana Islands ............................................................................................ 26 Prepared statement of Hon. Sablan ................................................................ 28 Mr. Gerard Emanuel, Retired Educator ................................................................ 70 Prepared statement of Mr. Emanuel .............................................................. 72 Mr. Neil Weare, President and Founder, Equally American Legal Defense & Education Fund ................................................................................................ 82 Prepared statement of Mr. Weare ................................................................... 84 MATERIAL SUBMITTED FOR THE RECORD Statement of Robert Underwood, former Delegate, Guam ................................... 32 Statement of Curtis L. Decker, Executive Director, National Disability Rights Network ................................................................................................................ 36 Statement of Pamela Lynn Colon, Esq., citizen of St. Croix, U.S. Virgin Islands ................................................................................................................... 38 Statement of Emile A. Henderson III, Esq., Managing Attorney, Yvette D. Ross-Edwards P.C. ............................................................................................... 53 Statement of Caroline F. Fawkes, CERA, Supervisor of elections, U.S. Virgin Islands ................................................................................................................... 55 Statement of Carol M. Burke, National Committee Woman, Democratic Party of the U.S. Virgin Islands .................................................................................... 62 Statement of Gustav James, citizen of St. Croix, U.S. Virgin Islands ................ 64 Statement of John M. Canegata, Chairman, Republican Party of the U.S. Virgin Islands ....................................................................................................... 67 Statement of the Democratic Party of Puerto Rico ............................................... 90 Statement of the Puerto Rico Equality Commission ............................................ 93 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING (1) VOTING RIGHTS AND ELECTION ADMINISTRA- TION IN THE U.S. VIRGIN ISLANDS AND OTHER TERRITORIES TUESDAY, JULY 28, 2020 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ELECTIONS, COMMITTEE ON HOUSE ADMINISTRATION, Washington, DC. The Subcommittee met, pursuant to call, at 10:07 a.m., via Webex, Hon. Marcia L. Fudge [Chair of the Subcommittee] pre- siding. Present: Representatives Fudge, Davis of California, Butterfield, Aguilar, 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 Com- mittee on House Administration will come to order. I see my col- leagues from the Committee: Mr. Davis—thank you so much—Mr. Aguilar, and I do understand that Mr. Butterfield is joining us shortly. I want to thank my colleagues who are witnesses on this panel as well. Thank you so much for being here today for this virtual Subcommittee hearing. 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 H. Res. 965. The fundamental nature of the hearing and our rules are un- changed. 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. Members and witnesses please keep your camera on at all times, even if you need to step away for a moment during the proceedings. Do not leave the meeting. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00005 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 2 At this time, I ask unanimous consent that all members have five 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. On a morning when we are discussing voting, we note that this is our first hearing on vot- ing since the passing of our dear friend and colleague The Honor- able John Robert Lewis. Congressman Lewis spent his life and ca- reer fighting for the right of every American to have free and fair access to the ballot. We must and will continue that work. Today we will examine the issues of voting rights and election administration in the territories of the United States. This Com- mittee is tasked with oversight of Federal elections. This must in- clude oversight of how Federal elections are administered in the U.S. territories, the impact of Federal laws on elections in the terri- tories, and investigating barriers to the ballot box. During the many hearings held by the Committee and Subcommittee through- out the 116th Congress, we have explored issues of election admin- istration, election security, voting rights, and access, and protecting the integrity of our democracy. It is past time we include voting in the U.S. territories in this examination. And I thank Ms. Plaskett for asking that we do this some time ago. Collectively, the U.S. Virgin Islands and Puerto Rico in the At- lantic, and Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in the Pacific constitute the five inhab- ited territories of the United States. Nearly 4 million people live in the territories. These are our fellow Americans. They have suffered significant devastation in recent years from hurricanes and tropical cyclones. They are not immune from the impacts of the ongoing COVID–19 pandemic. Their residents served in the armed services at a rate historically among the highest of any in the Nation. Our examination of access to the ballot would be incomplete if we did not address access to the ballot in the U.S. territories. We are here today to listen to, and learn from, our colleagues, citizens, and litigators about the barriers to access to the ballot in the terri- tories. I thank you all for being here. I would now like to welcome our witnesses. Each of you will be recognized—forgive me. Mr. Davis, would you like to make an opening comment? [The statement of Chairwoman Fudge follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00006 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 3 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00007 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 10 here 41333A.001 dlhill on DSK120RN23PROD with HEARING 4 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00008 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 11 here 41333A.002 dlhill on DSK120RN23PROD with HEARING 5 Mr. DAVIS. It is great to see everybody. I want to say thanks to everybody here. Since the creation of the Committee on House Administration, oversight of Federal elections quickly became one of its chief tasks. Throughout the CHA’s existence, the Committee has worked across the aisle to create significant and necessary election policy that has widely impacted this Nation, including legislation to eliminate the poll tax, legislation to create easier access to members of the mili- tary and their families when voting overseas, and the Help Amer- ica Vote Act, a landmark piece of legislation that took significant steps to remedy the problems seen in the 2000 Presidential elec- tion. The Subcommittee on Elections is designed to serve as an exten- sion of the CHA to enhance oversight capabilities of Federal elec- tions. While the Subcommittee has not always been a formal part of CHA, the work on election administration has always remained a top priority. And this priority should not be a partisan one. Hearing from the people who actually conduct elections and the problems they face is vital to our work on this Subcommittee. That is why, in the past, I have invited my own local election administrator, who is a Demo- crat, to testify in front of full House Administration Committee and have my staff reach out to the Virgin Islands elections adminis- trator, Ms. Caroline Fawkes, after it was brought to our attention she was not contacted ahead of time about this hearing to hear what her concerns are. I am glad she was able to submit written testimony for the record today. We must work in conjunction with election officials and include them in hearings like this. I am sorry to see Mr. Abramson is sick. I was looking forward to hearing his perspective. While expanding voting rights is a noble and just cause, we are less than 100 days until States and localities will be conducting a Presidential election in the middle of a global pandemic, something not done in my lifetime. However, during recent primaries, we did get a glimpse of the many problems that can occur if steps are not taken to properly prepare election administrators and voters. This Committee should be providing oversight of States and localities who run our elections by engaging with localities where we saw significant issues in recent primaries and where the risk of disenfranchising voters is great if changes are not made before No- vember. Just last week, I sent letters to 10 different localities across the country seeking information regarding issues reported in recent primaries and other election administration violations. State and local election officials are moving quickly to adapt to running elec- tions during this pandemic, and I want to make sure we are pro- viding them the help and guidance they need to run a successful election this fall. I want to make sure we are avoiding some of the issues we saw prior to the adoption of the Voting Rights Act: consolidation of poll- ing locations, confusion among voters on their proper polling loca- tion, and long lines on election day. Nevertheless, we are here today to explore voting rights and elec- tion administration in the territories. I certainly wished we would VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00009 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 6 have had this one in-person, but, unfortunately, the pandemic took care of that. I do want to thank my good friend and former seatmate on the House Ag Committee, Congresswoman Stacey Plaskett from the Virgin Islands, Congresswoman Gonza´lez-Colo´n from Puerto Rico, Congressman San Nicolas from Guam, and Congressman Sablan from the Northern Mariana Islands for their testimony they are about to give today. I have enjoyed the opportunity to work with each of you. There are five inhabited unincorporated territories of the United States: American Samoa, Puerto Rico, Guam, the Northern Mariana Islands, and the Virgin Islands. Each of these territories have contributed in countless ways to the American fab- ric. For instance, the rate of military service from these territories is traditionally much higher than the mainland. Their cultures make America better. However, they do not have voting represen- tation in the United States Congress. Underlaying this status are numerous court decisions—some recent, some antiquated. Today I am here to listen to all the witnesses who have gra- ciously agreed to participate in this virtual hearing. And I look for- ward to hearing what you have to share with the Subcommittee. Thank you, Madam Chair. And I yield back. [The statement of Mr. Davis follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00010 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 7 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00011 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 15 here 41333A.003 dlhill on DSK120RN23PROD with HEARING 8 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00012 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 16 here 41333A.004 dlhill on DSK120RN23PROD with HEARING 9 Chairwoman FUDGE. Thank you, Ranking Member Davis. I would now like to welcome our witnesses. Each of you will be recognized for five minutes. I will remind our witnesses that their entire written statements will be made a part of record and that the record will remain open for at least five days for additional ma- terials to be submitted. A reminder to all 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 four of our colleagues, each of whom represent residents of the territories. As is our custom, we will not ask our colleagues questions. Congresswoman Stacey Plaskett, my good friend, represents the United States Virgin Islands at-large congressional district. She currently serves on the House Transportation and Infrastructure Committee, the Oversight and Government Reform Committee, and the House Committee on Agriculture, where she chairs the Sub- committee on Biotechnology, Horticulture, and Research. Prior to serving in Congress, Representative Plaskett served as an assistant district attorney in the Bronx, a senior counsel at the Department of Justice, and as general counsel for the Virgin Is- lands Economic Development Authority. Welcome, Ms. Plaskett. Congresswoman Jenniffer Gonza´lez-Colo´n was elected in 2016 as Puerto Rico’s sole representative to the Congress, known as a Resi- dent Commissioner. She is the first woman to hold the office. She is a member of the House Committees on Transportation and Infra- structure, and Natural Resources. She previously served in the Puerto Rico House of Representatives where she served as speaker of the House and minority leader. Welcome. Congressman Michael San Nicolas represents Guam in the 116th Congress. Before coming to Congress in 2019, Congressman San Nicolas served in the Guam legislature since 2013. He currently serves as vice chair of the House Financial Services Committee and a serves on the Natural Resources Committee. Welcome to you. And, lastly, Congressman Gregorio Kilili Camacho Sablan is the first and only person to represent the people of the Northern Mar- iana Islands in the House of Representatives, beginning service in 2009—my classmate. He currently serves as chair for Sub- committee on Early Childhood, Elementary and Secondary Edu- cation of the Education and Labor Committee, as well as on the Natural Resources and Veterans’ Affairs Committees. Prior to serving in Congress, Congressman Sablan served in the Northern Mariana Islands legislature in the administration of sev- eral Governors and was appointed executive director of the Com- monwealth Election Commission. I will now recognize the witnesses for five minutes apiece. Ms. Plaskett, you are recognized. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00013 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 10 STATEMENT OF THE HON. STACEY E. PLASKETT, A DELEGATE IN CONGRESS FROM THE VIRGIN ISLANDS Ms. PLASKETT. Good morning, Chairwoman Fudge, Ranking Member Davis, fellow Members of Congress, distinguished guests. My name is Stacey Plaskett, and I represent the Virgin Islands of the United States in the U.S. House of Representatives. Thank you so much for this hearing. One cannot discuss voting rights and disenfranchisement in the territories without talking about race and racism. The unincor- porated territories of the Virgin Islands of the United States, a pos- session, is the most structural example of systemic racism. That system permeates the legal status, as well as the economic, polit- ical, and educational structure that keeps the disparity between us and the mainland. It manifests itself as a position of exclusion of the people living in the Virgin Islands from equitable treatment. 103 years ago, the Danish Government sold what is now known as the Virgin Islands, land, waters, property, and as part of the package, people. All four of my grandparents were alive and living on the island of St. Croix at the time of the transfer. Of my eight great-grandparents, I believe one may have met the land and in- come requirements mandatory to be able to vote on the purchase. Only one would have been able to vote for his destiny. And after the purchase, those living in the territories, my grandparents and great-grandparents, my family were citizens of nowhere. They had no citizenship for 10 years. After becoming citizens, Virgin Islanders came to Washington and petitioned, pleaded for the ability to be part of the draft. Virgin Islanders like the other territories serve and give the ultimate sac- rifice in far greater number per capita than those Americans on the mainland. We want the responsibility, not just the privileges. This is a longstanding absurdity in our current legal system. Nearly 4 million Americans live on American soil and cannot fully partici- pate in our democracy. They can only participate if they leave home. So long as they reside on the Virgin Islands’ soil, on U.S. soil, on mainland soil, they can vote for President. But when they move to a territory, their voting rights disappear. As you all know, the territories do not have equal voting rep- resentation in Congress. In recent history, they have occasionally had similar rights in the U.S. House of Representatives in the event that it has resolved itself in the Committee on the Whole on the State of the Union for consideration of amendments to legisla- tion, so long as the territories’ vote won’t actually make a dif- ference. Do you know what it is like to see a bill related to your people, your constituents, and not be able to vote on it? This lack of equal representation and equal voting power has a direct correlation to persistent poverty across all of the U.S. terri- tories. Americans living in the territories are accustomed to being last in line for hurricane relief, for COVID–19 equipment, for basic healthcare, education, and more. All five territories have signifi- cantly lower per capita income than States, yet are subject to arbi- trary eligibility barriers and funding caps that limit their poorest residents to much needed Federal benefits, like Medicaid and SSI, as well as the formulas for roads and education and more. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00014 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 11 I submit that they would be much more likely to receive parity and equality under these programs if millions of Americans who live in the territories of the United States were allowed to partici- pate fully in our democracy. At the core of the disenfranchisement of the territories is a series of controversial Supreme Court deci- sions written in the same period that the Virgin Islands became part of the United States known as the Insular Cases. These cases held that the Constitution’s rights and protections do not nec- essarily apply to Americans in the territories nor to the promises of full political participation or equality. Those decisions were ex- plicitly informed by racial assumptions. In one case, the Court re- fused to extend equal constitutional guarantees in Puerto Rico be- cause doing so would place an undesirable limit on the Federal Government’s ability to rule over ‘‘savages’’ or, ‘‘alien raises’’ not immersed in Anglo-Saxon principles of law. It comes as no surprise that the most influential of these cases, Downes v. Bidwell, was de- cided by the same Justices who invented separate but equal doc- trine of racial segregation in Plessy v. Ferguson just 3 years earlier. Yet, even as legal scholars have characterized the Insular Cases as central documents in the history of American racism. The last three administrations, Trump, Obama, and Bush, each have de- fended the Insular Cases, suggesting that outdated racial premises can and should remain the law of the land. Before the Insular Cases, territories were viewed as inchoate states, areas on the path to full statehood. The Insular Cases have created a near permanent colonial status for those living in the territories. When the House Parliamentarian and Congressional Research Service used the In- sular Cases to opine on why the territories should not be given a full vote, the irony of the Insular Cases is that Virgin Islanders in the 1700s pooled money together to send a promising young man to the Americas. Alexander Hamilton, that young man, coauthored the Constitution, the same document that keeps us from this. I know that I have run out of time, but I would like to submit for the record written testimony from so many Virgin Islanders who have given me written testimony. They range across the spec- trum from the head of our GOP of our Virgin Islands Republican Party, John Canegata, to Caroline Fawkes, to Carol Burke, the Democratic National Committeewoman, all administrations. Ms. PLASKETT. Thank you for this opportunity, and I look for- ward to listening to our witnesses as well. Thank you so much. [The statement of Ms. Plaskett follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00015 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 12 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00016 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 23 here 41333A.005 dlhill on DSK120RN23PROD with HEARING 13 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00017 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 24 here 41333A.006 dlhill on DSK120RN23PROD with HEARING 14 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00018 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 25 here 41333A.007 dlhill on DSK120RN23PROD with HEARING 15 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00019 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 26 here 41333A.008 dlhill on DSK120RN23PROD with HEARING 16 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00020 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 27 here 41333A.009 dlhill on DSK120RN23PROD with HEARING 17 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00021 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 28 here 41333A.010 dlhill on DSK120RN23PROD with HEARING 18 Chairwoman FUDGE. Thank you very, very much. Congresswoman Jenniffer Gonza´lez-Colo´n, you are now recog- nized for five minutes. You need to unmute. STATEMENT OF THE HON. JENNIFFER GONZA´ LEZ-COLO´ N, RESIDENT COMMISSIONER FROM THE TERRITORY OF PUER- TO RICO Miss GONZA´ LEZ-COLO´ N. Thank you, Madam Chair, members of the Committee for holding this hearing on voting rights and election administration in the ter- ritories. The rights to vote and to be equally represented in the govern- ment that make one’s laws and to have elections conducted thor- oughly are the most fundamental and essential elements of democ- racy. So I need to support the statement of my friend Stacey Plaskett. We are fighting almost for the same thing. I represent about 89 percent of the total population in the five territories. That means that I represent 3.2 million American citi- zens with the same rights as American citizens in the States, but we and the residents of other territories live in jurisdictions that constitutionally cannot have votes in the government that not only make our national laws but can and sometimes does intervene in local laws. Congress has this power because the Constitution terri- torial clause, which makes Congress our super territorial legisla- ture. Congress can delegate the exercise of self-government to the people of a territory, but it still ultimately possesses the power to govern us in all matters, and it can take it back, the self-govern- ment it has delegated. That is the reality. It did this in Puerto Rico in 2016 when the approval of PROMESA [the Puerto Rico Oversight, Management, and Eco- nomic Stability Act], and the Supreme Court subsequently reiter- ated the authority. It cannot relinquish the power without making a territory a State or a nation. It also constitutionally can and does treat us differently than the States, overall worse. These are the single most influential factors in Puerto Rico’s economy’s underdevelopment. It is also why the Americans that I represent are not only 35 percent of all Puerto Ricans that live on the island; approximately 5 million Puerto Ricans live in the U.S. mainland because of the greater opportunities and rights available to them in a State which Puerto Rico cannot provide. The United States is history’s greatest democracy, but it has never been a perfect democracy. The problem of democracy and equality for territories however cannot be rectified by Congress or the courts because it comes from the plain meaning of the Con- stitution. The only way for a territory to obtain broader representa- tion in Congress, equal or otherwise, or in electing a President is to become a State or for the Constitution to be amended. We have seen this in the District of Columbia obtaining votes in electing the President without a constitutional amendment. We have also seen it in repeated court rulings rejecting claims that tried to extend Federal voting rights of States citizens in territories. The only other option for territories to obtain democracy is to be- come nations, either fully independent from or in a free association with the United States or another nation, that either nation can VerDate Sep 11 2014 06:55 Oct 14, 2020 Jkt 041333 PO 00000 Frm 00022 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 19 unilaterally end. This will mean the end of U.S. citizenship in one way or another. The same is true for obtaining equal treatment in Federal pro- grams. Even when we are granted equal treatment, it can be taken away. The situation I have described is the hard truth for Ameri- cans in the territories. These realities and appreciation of and the admiration of the United States are why the remaining people of Puerto Rico want a territory to become a State. We should not have to move to an existing State for democracy or equality. That terri- tories will eventually become States was a founding principle of our Nation that dates to the Articles of Confederation and was reen- acted during the First Session of the 1st Congress. This policy was cast aside after the Spanish-American War in 1898 because of ra- cial and cultural bigotry. It was a concern that if Puerto Rico were put on the path to statehood, the Philippines would want that too. So the Supreme Court divined the existence of a previously un- known status: unincorporated territories, that status of being a possession but not part of the United States. Unincorporated terri- tories can become nations as well as States. Only constitutional rights considered to be fundamental apply absent action by Con- gress or Court. The Supreme Court has resisted all efforts to reverse its findings of this status, including very recently. Doing so would mean all ter- ritories can only become States. Whether others want to, it is for them to say. I can report that Puerto Rico does want to be a State of the Union, and it wants equality and democracy within the United States, and that is the reason we file and dropped H.R. 4901 with 60 cosponsors supporting statehood for Puerto Rico, in- cluding our friend John Lewis. Thank you, Madam Chair, and I yield back. [The statement of Miss Gonza´lez-Colo´n follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00023 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 20 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00024 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 32 here 41333A.011 dlhill on DSK120RN23PROD with HEARING 21 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00025 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 33 here 41333A.012 dlhill on DSK120RN23PROD with HEARING 22 Chairwoman FUDGE. Thank you very, very much. Next we will hear from Congressman Michael San Nicolas. You are recognized. STATEMENT OF THE HON. MICHAEL F.Q. SAN NICOLAS, A DELEGATE IN CONGRESS FROM THE TERRITORY OF GUAM Mr. SAN NICOLAS. Chairwoman Fudge and Ranking Member Davis, and honorable Members of the Subcommittee. My name is Michael F.Q. San Nicolas, and I am the representative at-large for the territory of Guam to the U.S. House of Representatives. Let me begin by expressing my thanks to the Committee for tak- ing the historic step to hold this hearing as it encompasses a sub- ject no less significant than the suffrage of this democracy of our United States. Today the Committee will be hearing testimony and receiving testimony from witnesses who will very eloquently articulate the circumstances of its subject before us: the voting rights of American citizens who reside in our U.S. territories. The Committee will hear compelling arguments of the inequality and injustices that sur- round these circumstances, how it is fundamentally un-American and how it is long overdue for remedy. For my part, in representing my constituency the people of Guam, I first want to open in full agreement that the inability for American citizens to impact electorally the full voting representa- tion they have in the Congress and the President of their country is a circumstance that must be addressed. Equally, as a nonvoting Member of this House, I also have the unique perspective to assert in full confidence that these present circumstances denying American citizens of the opportunity for full representation is not born out of malice from any Member of this House. Plainly put, there is not a single Member of Congress, to my knowledge, who relishes in the fact and seeks to perpetuate the reality that Americans anywhere, and in particular our territories, are disenfranchised. We are here today because the history of our country, the make- up of our Republic, the framework of our Constitution, and the case law of our courts have not caught up to what we today would ex- pect to be an American standard, that every American living in America should be equally protected and represented in the law as Americans. The challenge before us today is how to address this. History has shown that it was never the intent of this Republic to perpetually maintain territories. Every American territory before 1898 had a very distinct path into the Union. And what was consistent in all paths was a deliberate attempt to invest in their eventual inclu- sion. Whether it was through encouraging settlements or investing in infrastructure or the deliberate attempt by the predecessors of this body to take pride in growing the number of States that en- compass the United States of America. Territories that qualify for full inclusion into the Republic as States must be so included. Puerto Rico must be included as a State in this Republic or released by this Republic. There is no ra- tional basis to maintain it as a territory as it meets all constitu- VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00026 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 23 tional thresholds for inclusion. And the inaction of this government that perpetuates its territorial status is inexcusable. A binding referendum in Puerto Rico administered by the United States for inclusion in the State of Puerto Rico as a State or rec- ognition of an independent Puerto Rico is a duty we have not the convenience to ignore. The very integrity of our Republic is a stake. For our smaller territories, to include Guam, a deliberate at- tempt to bring them into the Union must be undertaken by this country. Further increments of progress must be taken in this re- gard to include the extension of delegates, not only to the United States House of Representatives as we have today but to the United States Senate, that there may be some form of representa- tion in both Chambers of Congress. Similarly Electoral College rep- resentation as so extended to the District of Columbia must so too be extended to all territories. While the latter represents a larger hurdle requiring a constitutional amendment, the former could have us seating Senate delegates posthaste, as my own H.R. 5526 introduced in this 116th Congress would see it so. Additional consideration must be given to territories to enhance their abilities to qualify for inclusion as States. Deregulation of shipping constraints to lower the cost of living, travel waivers to encourage tourism growth, public transportation infrastructure in- vestment to mobilize economies, and higher education investment to firm up local governments and enterprises are all modern-day equivalents of the same policies that transformed the West and the Midwest into the great States west of the Mississippi that we have in our Union today. A deliberate attempt to meet their unique needs and cir- cumstances in order to fuel their growth into full membership and the fulfillment of full voting rights for those who call them home is something that we need to support for our territories. The quest for voting rights in this Republic and how we address it is nothing less than a testament of the government’s commitment to this Re- public, to growing it, strengthening it, and also graduating its terri- tories into whole parts of it or setting them free, and preserving this Republic from bastardization. This is the question before us, the sanctity of American democracy. Thank you so much for the opportunity to testify today. I look forward to working with you and all the great Representatives of this Congress to address these truths as they are now known and our commitment to it. Thank you, Madam Chair. And I yield back. [The statement of Mr. San Nicolas follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00027 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 24 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00028 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 38 here 41333A.013 dlhill on DSK120RN23PROD with HEARING 25 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00029 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 39 here 41333A.014 dlhill on DSK120RN23PROD with HEARING 26 Chairwoman FUDGE. Thank you. Congressman Gregorio Kilili Camacho Sablan, you are now rec- ognized for five minutes. STATEMENT OF THE HON. GREGORIO KILILI CAMACHO SABLAN, A DELEGATE IN CONGRESS FROM THE TERRITORY OF NORTHERN MARIANA ISLANDS Mr. SABLAN. Thank you, Madam Chair Fudge, Ranking Member Davis, and other Members of the Subcommittee. Thank you for holding today’s hearing. I wish to associate myself with the state- ments including the discussion of the legal hurdles of allowing citi- zens of territories to fully and finally exercise their rights as Amer- icans. And I hope I can help the understanding of the mechanics of elections. I served for 10 years as election commissioner in the Northern Mariana Islands. I was responsible for voter registration, absentee mail-in ballots, training election workers, securing ballots, and all the behind-the-scenes complications that produce a clean and cred- itable election. We are all concerned how the coronavirus may affect the election process. To begin on a hopeful note, I will tell you that one week before the 2018 election, a super typhoon struck the Mariana Is- lands, throwing life into chaos, cutting off power and water, strip- ping the roofs from the schools where we go to vote. The Governor delayed the election by one week and, according to the Congres- sional Research Service, the only case of the postpone Federal gen- eral election in modern history. Though people were struggling to put their lives together, one week later, they voted. The turnout was good. The integrity of the election seemed to have been maintained. The results were not questioned, not until later. If the people of the Marianas can hold an election even after the second worst typhoon in the United States’ history, surely America can maintain this cornerstone of our democracy even in the middle of the coronavirus pandemic. I am hopeful based on the 2018 experience. I am also hopeful because Congress has already acted to strengthen election security funding in the Consolidated Appropriations Act in December. The Marianas, for example, received $600,000 using that money, I understand, to operate voting equipment, auditing, voter registra- tion, strengthening cybersecurity, and better track campaign fi- nancing. That appropriation comes to the Marianas through the Help the America Vote Act, which is particularly satisfying. In 2002, when I was election commissioner and the Help America Vote Act was enacted, the Marianas had no delegate in Congress and, thus, no Federal election. So we were not included in HAVA. It has long been my goal to fix that gap in the Consolidated Appro- priations deal. The Congress did not stop with just one appropria- tion. In March, we passed the CARES Act with more funding to en- sure the November 3rd Federal election goes on, despite the coronavirus crisis. The Marianas Election Commission gets another $600,000 from the CARES Act to implement vote by mail and ex- pand voter registration and early voting. The money can also in- crease the number of voting places to reduce crowding and keep in- person voters healthy. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00030 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 27 These actions do not mean we are finished. House Democrats’ signature legislation, H.R. 1, the For the People Act, also aimed to make voting easier and more secure. But the Senate has refused to take up our bill. The For the People Act permanently includes the Marianas in the Help America Vote Act. There is also a tech- nical version adding the Marianas to the National Voter Registra- tion Act and protection for Marianas voters who use the Uniformed and Overseas Citizens Absentee Voting Act to vote in Presidential elections. And H.R. 1 establishes a commission to recommend how to fully provide full and equal voting rights here in the House of Rep- resentatives and in elections for President for the people of the Marianas and the other Insular areas. So let us hope today’s hearing reminds America there is more to be done to improve and protect America’s election and ensure every citizen has the right to representation and the right to vote. The Senate should too—something is wrong here—— Chairwoman FUDGE. We can hear you, Kilili. Mr. SABLAN. I am hearing something else. Oh, there. Okay. So, lastly, I want to remind the Subcommittee that there are technical corrections needed in Federal election law to ensure peo- ple in the non-State areas are protected from intimidation, threats, or coercion when they cast their ballots in Federal elections. So, in 2011, I induced H.R. 3268, which makes all Federal election law fully applicable in the Marianas, American Samoa, Guam, and the U.S. Virgin Islands. The bill bars government officials from using their authority to interfere with the nomination or election process. The bill bars noncitizens from voting and prohibits any false rep- resentations when registering or voting. Among the cosponsors was our late and beloved John Lewis. I hope that, Madam Chair, as part of a memorial, we can take up this long overdue technical correction in Federal election law so ev- eryone in the Insulars has all of the voting right protections af- forded to the rest of the United States. I will certainly look forward to working with Chair Fudge to reach that legislative goal. I look forward to hearing Mr. Weare’s testimony today as well. I thank you for the opportunity to testify today. Thank you. I yield. [The statement of Mr. Sablan follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00031 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 28 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00032 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 44 here 41333a.015 dlhill on DSK120RN23PROD with HEARING 29 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00033 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 45 here 41333a.016 dlhill on DSK120RN23PROD with HEARING 30 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00034 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 46 here 41333a.017 dlhill on DSK120RN23PROD with HEARING 31 Chairwoman FUDGE. Thank you very, very much. Thank you to all of the witnesses. Certainly, I for one, I am with you, just tell me what I need to do, and I will do the best I can to ensure that we do the right thing. So I appreciate your testimony. And before I go to the second panel, I need to ask you unanimous consent to enter into the record a written statement from former Congressman Robert Underwood who represented Guam in the Congress from 1993 to 2003. Without objection, so ordered. [The information follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00035 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 32 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00036 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 48 here 41333A.018 dlhill on DSK120RN23PROD with HEARING 33 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00037 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 49 here 41333A.019 dlhill on DSK120RN23PROD with HEARING 34 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00038 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 50 here 41333A.020 dlhill on DSK120RN23PROD with HEARING 35 Chairwoman FUDGE. I also ask unanimous consent that state- ments be entered into the record from the National Disability Rights Network, attorney Pamela Colon, Dr. Carlyle Corbin, attor- ney Emile Henderson III, the Virgin Islands GOP, Caroline Fawkes, supervisor of the elections for the Virgin Islands, Carol Burke, the Democratic National Committeewoman, Gustav James, a citizen of St. Croix, U.S. Virgin Islands, and John M. Canegata, Chairman of the V.I. GOP. 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Without objection, so ordered. It is now time for our second panel. Gerard Emanuel is a retired educator, having worked most of his adult life as an educator in jobs that involved history, culture, political status, research and/or public administration. Mr. Emanuel was a political status educator for the United States Virgin Islands Bureau of Public Administration, as well as the executive director for the Virgin Islands Commission on Status and Federal Relations, and a delegate to the Fifth Constitutional Convention. Gwen-Marie Moolenaar is the president of the League of Women Voters of the Virgin Islands. Dr. Moolenaar is from St. Thomas. She has a Ph.D. in neurophysiology and was a faculty member of the Howard University School of Medicine from 1972 to 1988, and became provost of the University of the Virgin Islands before retir- ing in 2005. Neil Weare is the President and founder of Equally American Legal Defense & Education Fund. Raised in the U.S. territory of Guam, Mr. Weare worked for Guam’s former delegate Madeleine Bordallo prior to attending law school. Mr. Weare is a civil rights attorney committed to achieving equal rights for Americans living in the U.S. territories. Mr. Emanuel, you are now recognized for 5 minutes. Please unmute yourself. Mr. EMANUEL. Where is it? Chairwoman FUDGE. We can hear you now. STATEMENTS OF GERARD EMANUEL, RETIRED EDUCATOR; GWEN-MARIE MOOLENAAR, PRESIDENT, LEAGUE OF WOMEN VOTERS OF THE VIRGIN ISLANDS; AND NEIL WEARE, PRESI- DENT AND FOUNDER, EQUALLY AMERICAN LEGAL DEFENSE & EDUCATION FUND. STATEMENT OF GERARD EMANUEL Mr. EMANUEL. Good morning, Chairwoman Fudge and other hon- orable Members of the House Administration Subcommittee on Elections. My name is Gerard Emanuel. Thank for inviting me to this important hearing. I would also like to thank the Congresswoman, The Honorable Stacey Plaskett, for recommending me as a presenter. I will ad- dress voting on the national level. I concur with Dr. Carlyle Corbin statement to this subcommittee. Today I hope to demonstrate that the basis of withholding rights from the Virgin Islands including voting on the national level is fa- tally flawed. The legal decision that denied us these voting rights may have been based on Jim Crow views that was said before, that should never have been a foundation for making legal decisions. Honorable Members, as a result, in unincorporated territories, as you know, the Constitution doesn’t follow the flag, but constitu- tional experts, such as Stanley Laughlin, state that it should, ex- cept in cases where applying it would be impractical, anomalous, and violative of the local culture and custom. Granting the territories the right to vote for the Commander in Chief as well providing voting representation in both Houses of VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00074 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 71 Congress would definitely not be impractical or violate any local or cultural custom. Doing this is violation of our rights of U.S. citi- zens. The reason for the denying these rights were stated by Jus- tice Brown in Downes v. Bidwell over 120 years ago. Furthermore, the Court was unanimous in Balzac v. Puerto Rico in denying U.S. citizens their trial jury solely because they reside in an unincorporated territory. These reasons might have seemed valid during the Jim Crow era, when segregation was based on Plessy v. Ferguson. They should not have been valid after Brown v. Board of Education, and certainly not after each territory had proven that it could operate the government based on the laws and principles of the U.S. Constitution for more than half a century. Furthermore, denying your citizens the right to vote in national elections simply because of their residence is out of step with the recent clamor for justice and equality, especially for persons of Afri- can descent after recent public events and the death of two civil rights heroes. Honorable Members, the Supreme Court invented the status of unincorporated territory. And it was never intended to be perma- nent, as said before. Justice White said this. This untenable and unconstitutional situation has lasted for over 100 years in the Vir- gin Islands. The remedy we seek Congress to consider that, since we are too small to be a State, like Puerto Rico, all U.S. citizens in the terri- tories all the duties and stabilities of citizenship, they should be granted certain rights that U.S. citizens who reside in the States have. Denying us a voting representation in Congress is anachro- nistic, anomalous, discriminatory, and must be changed because it is all inconsistent with the ideals upon which this country was built. All of us have paid the tax by fighting and dying in wars fought by the U.S. We are also obligated to perform all the respon- sibilities, as was said before. Isn’t it fair that we obtain the rights of you residing in the States while we reside in the Virgin Islands? Denying this territory is like taxation without representation, one of the fundamental reasons for the Revolutionary War. And as my Congresswoman mentioned, we fought the Revolutionary War not only but [inaudible] who created. We fought in this war [inaudible] and died in all wars. In conclusion, Balzac v. Puerto Rico that is the status the terri- tory itself, not the status of U.S. citizens there, that deter rights and privileges [inaudible]. And an unincorporated territory is some- times more than an international country. [Inaudible] Members of Congress, they can receive SSI, but it is important to become a resident [inaudible] territories. Please remedy this. Thank you. [The statement of Mr. Emanuel follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00075 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 72 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00076 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 91 here 41333A.055 dlhill on DSK120RN23PROD with HEARING 73 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00077 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 92 here 41333A.056 dlhill on DSK120RN23PROD with HEARING 74 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00078 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 93 here 41333A.057 dlhill on DSK120RN23PROD with HEARING 75 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00079 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 94 here 41333A.058 dlhill on DSK120RN23PROD with HEARING 76 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00080 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 95 here 41333A.059 dlhill on DSK120RN23PROD with HEARING 77 Chairwoman FUDGE. Thank you, Mr. Emanuel. We were having just a bit of difficulty with your sound. But we do have your writ- ten testimony as well. So thank you so much. Ms. Gwen-Marie Moolenaar, you are now recognized for five min- utes. STATEMENT OF GWEN-MARIE MOOLENAAR Ms. MOOLENAAR. Thank you. Good morning, Madam Chair, and members of the subcommittee, and honorable guests here today. Thank you so very much for this invitation to testify on voting rights in the U.S. Virgin Islands. It is disturbing that this great country of ours, which was founded on the idea of government by, of, and for the people is today struggling to uphold one of its found- ing principles—the democratic right of its citizens to vote. The League of Women Voters of the Virgin Islands notes that we are in the Virgin Islands free of some of the more heinous assaults against citizen rights to vote. I am pleased to report for example that we do not have gerrymandering, nor blatant purging of voter rolls, nor threats of fraud associated with mail-in voting. So it is in our territory citizens’ voting rights are well, protected when it comes to local government. I cannot predict that it will always re- main so, but I do not foresee signs of any imminent change ahead. However, more could always be done for the physically challenged and physically disabled. On a parallel note, within the territories, there has been a strong push for the Presidential vote. The League of Women Voters of the Virgin Islands has supported the efforts of Neil Weare in this re- gard, and we will continue to do so. But besides the Presidential vote however we are concerned that our congressional representa- tives do not have a stable vote in Congress beyond the standing committee level. Congress has wrestled with this issue of the dele- gate vote since 1794. As our territorial representatives are not Members of the House, they cannot vote on the House floor, but can do so in standing committees, and only occasionally in the Committee of the Whole, depending on the majority control of the House. Generally their vote in the Committee of the Whole is al- lowed under Democratic control but not under Republican control of House. What is the rationale there besides a partisan advan- tage? But this can easily be changed in House rules. The House has changed the rules and voting responsibilities of the delegates over the years from a simple presence in 1794, to now a vote in standing committees and an occasional vote in the Committee of the Whole. So change has and can continue to happen. Rules can change, and so can our Constitution. It is noteworthy that, in some European countries, representa- tives from their Caribbean territories have full voting powers in the national voting assemblies. If our representatives have been found worthy over the years to be good enough for voting membership in standing committees and occasionally in the Whole, why not within the Committee on the Whole on a regular basis irrespective of par- tisan control? At a Conference on Territorial Affairs held in Washington, D.C. in 1993, when asked about this, a U.S. Congressman attending the VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00081 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 78 conference stated that to allow territorial representatives at that level of the vote would be tantamount to, and I quote him, it would be tantamount to ‘‘a case of the tail wagging the dog.’’ However, it needs to be pointed out that in that proverbial tail is the popu- lation of Puerto Rico which outnumbers the population of at least five or six States. Unfettered it is reminiscent of the old days of the plantations of the South when the so-called lesser beings stood outside the house, not good enough to step inside. Why are the territories being treat- ed like the lesser beings in the U.S. Congress standing outside? After all, we have fought in your wars shoulder to shoulder with other American soldiers, as has been pointed out by Professor Emanuel and Congresswoman Plaskett. We have been fighting since we were purchased from Denmark in 1917. Also, the territories do contribute millions, if not billions, collec- tively through special taxes. Look at rum and our and our gasoline taxes. However, we recognize that these issues will remain prob- lematic until we can clarify our Federal relations, until we can de- termine our political status with the U.S. To do this well, we need to have adequate support and the necessary resources to make those decisions. Once done, these issues can be more easily resolved within that new context and through meaningful discussions and compromise with Congress on how we can have full inclusion as U.S. citizens in the U.S. territories. Thank you. [The statement of Ms. Moolenaar follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00082 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 79 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00083 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 99 here 41333A.060 dlhill on DSK120RN23PROD with HEARING 80 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00084 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 100 here 41333A.061 dlhill on DSK120RN23PROD with HEARING 81 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00085 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 101 here 41333A.062 dlhill on DSK120RN23PROD with HEARING 82 Chairwoman FUDGE. Thank you very much. Mr. Weare, you are now recognized for five minutes. STATEMENT OF NEIL WEARE Mr. WEARE. Thank you, Chair Fudge, Ranking Member Davis, distinguished Subcommittee Members and representatives of the territories. Thank you all for the opportunity to testify in support of voting rights for the nearly 4 million Americans living in U.S. territories, 98 percent of whom are racial or ethnic minorities. I am Neil Weare, president and founder of Equally American Legal Defense & Education Fund. I grew up in Guam, and when I turned 18, I was required to register for Selective Service. I was unable to vote for President. I founded Equally American in 2013, and it remains the only public interest law organization focused ex- clusively on advancing equality and voting rights in the U.S. terri- tories. Building on the progress of earlier civil rights movements, including the work of American heroes like John Lewis and Thurgood Marshall, we approach our work through a civil rights lens and do not take a position on political status. Using civil rights litigation, we work to build the kind of broad awareness and consensus at both the national and local level needed to end the second class treatment of U.S. citizens in the territories. On Veterans Day in 2015, Equally American filed the Federal voting rights lawsuit on behalf of Luis Segovia and other territorial residents, who could have voted for Presidents under overseas vot- ing laws if they lived literally anywhere else in the world, even a foreign country. We also represented the League of Women Voters of the Virgin Islands, which Dr. Moolenaar leads. Luis and three other plaintiffs were decorated veterans who hon- orably served in the U.S. Armed Forces, swearing an oath to sup- port and defend the Constitution of the United States and to obey the orders of the President of the United States. Yet, despite their service, they remained disenfranchised, unable to vote for their Commander in Chief. These decorated veterans deserve better. And their story is not unique. U.S. territories have a proud tradition of military service. Over 100,000 veterans live in the territories having served to defend our Nation’s democratic and constitutional principles. Yet they remain disenfranchised simply because of where they live. It is also clear that the right to vote must be viewed as a kitchen table issue, not simply a matter of principle. Residents of U.S. ter- ritories are shortchanged in a range of Federal benefits programs that most Americans take for granted. Disparities in Federal Med- icaid policy leaves citizens in the territories without the funding that ensures a basic level of healthcare sustainability in most American communities. Under Federal law, otherwise eligible low- income, aged, blind, or disabled Americans living in most terri- tories are entirely precluded from receiving SSI benefits based sole- ly on where they live. Some of these discriminatory Federal laws have been recently struck down in Federal courts and will likely soon come before the U.S. Supreme Court. But Congress need not and should not wait for the Supreme Court to say whether this kind of discrimination is unconstitutional for Congress to know it is wrong. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00086 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 83 The grim reality is, until residents of the territories are able to vote for President and have voting representation in Congress, life and death decisions will continue to be made by the Federal Gov- ernment without their input. Underlying the ongoing disenfranchisement and inequality facing U.S. citizens in the territories is the shameful legacy of the Insular Cases, a series of controversial decisions grounded in overt racism, which for over a century have relegated those territories to second class status. While other racist Supreme Court decisions like Plessy and Korematsu have been overruled, the Insular Cases doctrine of separate and unequal is still on the books. Until the Insular Cases are overruled, discrimination against residents to the territories is unlikely to end. We are working to do just that through groundbreaking civil rights legislation. One political obstacle to the expansion of voting rights in U.S. territories has been the perception of providing political representa- tion to these Americans would benefit one party over the other. But voters in each of the territories consistently elect both Democrats and Republicans to represent them in all levels of government. In Puerto Rico, Congresswoman Gonza´lez, of course, is a Republican, as is the current Governor there and even the president of their Senate, while their immediate predecessors were all Democrats. Voters in the other territories also elect both Republicans and Democrats. Misguided politics should not be an excuse for contin- ued disenfranchisement. This ongoing disenfranchisement is particularly concerning be- cause of the undeniable connection it has to issues of race. We can- not ignore the fact that, by silencing citizens in the territories, we are silencing Americans who have long faced racism, systemic bias, and racial exclusion. We ask Congress to act so that citizens in the territories who cannot vote for President and lack voting representation in Con- gress can finally have their voices heard. It is the right thing to do, the moral thing to do, and this year in 2020, it is long overdue. Thank you very much. [The statement of Mr. Weare follows:] VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00087 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 84 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00088 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 106 here 41333a.063 dlhill on DSK120RN23PROD with HEARING 85 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00089 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 107 here 41333a.064 dlhill on DSK120RN23PROD with HEARING 86 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00090 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 108 here 41333a.065 dlhill on DSK120RN23PROD with HEARING 87 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00091 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 109 here 41333a.066 dlhill on DSK120RN23PROD with HEARING 88 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00092 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 110 here 41333a.067 dlhill on DSK120RN23PROD with HEARING 89 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00093 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 111 here 41333a.068 dlhill on DSK120RN23PROD with HEARING 90 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00094 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 112 here 41333a.069 dlhill on DSK120RN23PROD with HEARING 91 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00095 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 113 here 41333a.070 dlhill on DSK120RN23PROD with HEARING 92 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00096 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 114 here 41333a.071 dlhill on DSK120RN23PROD with HEARING 93 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00097 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 115 here 41333a.072 dlhill on DSK120RN23PROD with HEARING 94 VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00098 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 Insert offset folio 116 here 41333a.073 dlhill on DSK120RN23PROD with HEARING 95 Chairwoman FUDGE. Thank you. Thanks to all of our witnesses. I so much appreciate your testimony. It is now time for members to ask questions. I would first recog- nize Mr. Butterfield for five minutes. Mr. BUTTERFIELD. Thank you very much, Madam Chair. And thank you to the witnesses for your testimony today. I have heard most of it. I am in my Rayburn office, and I have been following your testimony, as well as doing a few other things to make sure that I could ask you some informed questions. Let me just simply start first with the delegates. And thank you for your passion. I have watched each you in your own space as you have advocated for your constituents. And I just want to thank you for your passion. And like the Chair, I hope that I am here long enough to see the day that you will have full voting rights in the Congress of the United States. Let me just ask the four delegates, if I can do this very quickly, and I will talk slowly so you can kind of think of the two things that you could recommend, but if you would recommend two things, two things that we can do to improve voting in the terri- tories. Two things, what would they be? Congresswoman Plaskett. Ms. PLASKETT. Thank you very much for the question. The first thing I would, which has been done and I believe now needs to be an actual creation is, in H.R. 1, I authored and the other territories agreed with me on the creation of a congressional task force that would put into the record what have been the implications and the effects of not having voting rights in the territories, as well as to come up with recommendations for that inclusion to be presented to the Congress. I believe that that should be done. Mr. BUTTERFIELD. Thank you. Ms. PLASKETT. The other thing, the second one would be to re- move the barriers and the disparity and treatment of the territories in terms of funding so that we could grow our economies and our population to be able to come up to par and move towards a more equitable position to demand either inclusion or independence. Mr. BUTTERFIELD. Let me ask the gentlelady from Puerto Rico the same question. Two things, two very basic things that we can and should do. Jenniffer. Chairwoman FUDGE. G.K., I am not sure she is still on the line. Mr. BUTTERFIELD. All right. Let me go to the representative from the Northern Mariana Is- lands, please. Two things. Mr. SABLAN. Thank you for your question, Mr. Butterfield. I will agree with delegate Stacey Plaskett that the passage of H.R. 1, the enactment of that bill into law would be extremely helpful. Having said that, I also would think that the provisions of H.R. 3268 will help move forward the exercise of free and fair elections in the ter- ritories—stating that elections in the territories should be held up to Federal standards as well. Elections in the territories are intra- mural sports, Mr. Butterfield, seriously. Things get mixed up. And I am the only Democrat in office for the past 12 years. Just imag- ine. Mr. BUTTERFIELD. You are voting seriously on the island. Is that right. I mean, your constituents treat this thing very seriously. Yes. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00099 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 96 Mr. SABLAN. Our participation is always for the most part in the upper 80 percent. Unlike in our Nation, which it is, you know, up- wards of 50 or 60 percent. Mr. BUTTERFIELD. Sure. Mr. SABLAN. And, of course, the process of [inaudible] success of Mr. Weare is also good for the territories. Thank you. Mr. BUTTERFIELD. Thank you, sir. Finally, to the gentleman from Guam, two things, two things in plain English, two basic things that we can and should do. Mr. SAN NICOLAS. Thank you, Congressman. I agree with my two colleagues, Congresswoman Plaskett on H.R. 1, as well as the legis- lation referenced by Congressman Sablan. As well, as I would like to put on the record, as I mentioned in my testimony, H.R. 5526. Sir, as you know, if you have any issue that you want to have addressed in the Senate, you can walk over and talk to your Representative in the Senate. Territories do not have that luxury. The challenge that comes with that is that, you know, territorial issues and concerns don’t have a voice. And so, when we have things in the CARES Act or the HEROES Act or even the HEALS Act, they are crafted without the perspective of the territories when it is being managed and handled on the Sen- ate side. And that inability for us to have even basic input is just so destructive to our ability to advocate for representation for our people. And as you see with us here today, just having even dele- gate representation is a huge step forward. And I think that get- ting that for our territories in the Senate is something that—is an action step that we can do right now to increase representation for our people. Mr. BUTTERFIELD. Thank you. Thank all of you. And you have my conditional unqualified support, as well as the chair. Thank you very much. Chairwoman FUDGE. Thank you very much. Ranking Member Davis, you are recognized. Mr. DAVIS. Well, thank you, Madam Chair. And thank you to the witnesses. This is a great opportunity to hear about priorities. I am glad Ms. Plaskett was advocating for a task force to have Congress look at the potential of changes for our territories. I would support a provision like that. But let’s not kid ourselves: Throwing that into a 600-page bill named H.R. 1 that was written before and cospon- sored by every member of the majority and announced the day of swearing in, people didn’t have as much input in that bill. And there are so many bad things in that piece of legislation, like the first ever taxpayer funding to go to our own congressional cam- paigns. My constituents can’t stand for that. And then, after that was called out, it was changed to the first ever corporate money di- rectly going to our own campaigns. So, if we want to work together, then let’s work together on this. But we have got to watch for what is happening right now in our territories or in our States, in our elections that have been recently held. Almost month ago, we had an election in New York City. We still don’t have the results. So many of the provisions that dealt with elections were actually part of H.R. 1 and instituted in States like New York that we don’t even have the results. What are we doing to fix this? What are we doing to stop the fraud that happened in VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00100 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 97 New Jersey? What are we doing to stop the fraud that happened in Indiana? No, we are going to put our head in the sand? All of the things that we found so wrong, long before I was alive, that stopped people from being able to vote are happening in our coun- try right now by closing polling locations. Making sure that people will only use one certain type of process is disenfranchising tens of thousands of people in our election process. That is wrong. So, with that being said, Ms. Moolenaar, please tell us how you in the Virgin Islands are able to prepare for this pandemic, and what are you doing to stop what we have seen happen in other States already just a few weeks ago? Ms. MOOLENAAR. I indicated in my opening remarks in testimony that, indeed, in the Virgin Islands, we are free from all of the hei- nous assaults that we see happening nationwide, and we are all very much concerned that this is happening in the United States. We have a supervisor of elections that I am disappointed that she was not included in part of this discussion, but she would have been able to indicate to you that, indeed, there are rules and regu- lations and guidance that we are following that prevent all of that, and we have been free of that. As I indicated in my testimony, I can’t promise we will continue to do so, but, right now, we don’t have that. Our big concerns right now are, as all of the other witnesses have pointed out, we are very much concerned about the fact that we are not able to discuss in Congress on a full level with all other citizens through their Rep- resentatives what our concerns are, what our needs are. And I am so happy that the representative from Guam has also included the statement that we need also to have representatives also in the Senate. This has to be changed. And I believe that, I ask that you look at my last request in my statement that we do need to have the matter of status finally re- solved within the territories, and we need to have the support that would allow us to make meaningful decisions on this matter. The Constitution has been changed. Rules Committees—rules and com- mittees in the House have been changed. We can change, and we must change. Mr. DAVIS. Well, thank you, Ms. Moolenaar. I appreciate that. And, again, I know a lot of discussion in testimony has been about having access to HAVA funds—— Ms. MOOLENAAR. Yes. Mr. DAVIS [continuing]. And I think that is something we can work together on in a bipartisan way. But at the same time, we also have to follow the law. What is the Virgin Islands doing to maintain their voter rolls? Ms. MOOLENAAR. Again, that is a good question that our super- visor for elections would have been able to answer. But I know that they have not had any difficulties with doing so, and we have not heard of any assaults against that. And I know that it is being done on a regular basis. I have spoken with the supervisor of elec- tions on a number of issues, and she has indeed indicated that they do look at voter rolls, and they are updated on a regular basis. Mr. DAVIS. Actually, I am out of time. I yield back. Thank you. Chairwoman FUDGE. Thank you, Mr. Davis. Mr. Aguilar, you are now recognized for five minutes. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00101 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 98 Mr. AGUILAR. Thank you, Madam Chair. I appreciate you having this hearing. This is critically important to hear from our col- leagues who represent the territories, as well as our guests who presented testimony. And I am going to start with them. Ms. Moolenaar, what do you feel most—I mean, you talked about representation, just like Delegate San Nicolas mentioned as well. What do you feel most Americans need to know about physically voting in the territories? What is often overlooked and not under- stood? And I will ask Ms. Moolenaar, and then Mr. Emanuel and Mr. Weare. Ma’am, go ahead. Ms. MOOLENAAR. Well, I did most of my education on the main- land. And to tell you the truth, most Americans know very little about the territories. But when I do indicate that we did not have when I was in school, we did not have a voting representative at any level and that finally, when they do vote, the vote is considered inconsequential—they are not included as part of the quorum in the House, as if they are not there—people are stunned and shocked. I think that the vast majority of Americans are completely unaware of the inequities that are thrown to our citizens in the ter- ritories. I think most Americans would be shocked to know that in- deed these conditions exist. And those Americans from the main- land who do come to our territory come up to the rude awakening that they could not vote for the President until they flew back to the mainland as if there was something tainted on the place of the territories. So it is becoming known. I think we need to let most Americans know—and I think if we did, there would be an upswell of individ- uals to support the claims that we are making in the territories that we need to be given our full rights as citizens because we are behaving like full citizens: going to war, paying taxes. Mr. AGUILAR. Thank you. Mr. Emanuel. Mr. EMANUEL. Yes, thank you very much for the question. I think you are asking, what is it that citizens in the United States need to know about the problems we are having? I would align my- self [inaudible] the Insular Cases [inaudible] exist, they stated spe- cifically that we are not having Anglo-Saxon principals, but people in the Virgin Islands have gone to Denmark for hundreds of years dealing with trial by jury, dealing with elections, et cetera, as Dr. Moolenaar said. And, also, another basis for the Insular Cases con- cerning the nature of our [inaudible] didn’t want to give district judges lifetime tenures because, I guess, the unincorporated terri- torial status was temporary. But we have been there for over 103 years, so I don’t know what temporary means in the American par- lance. So my point that that I think all Americans need to understand and the Supreme Court is that the legal basis, if there ever was one, the legal basis for having unincorporated territories no longer exists. So we should be able to move forward and provide all of those formal parts of the Constitution, such as suffrage and all the other things to the citizens in the territories and to other U.S. citi- zens when they come here. That is basically what I wanted to say. Mr. AGUILAR. Thank you. Mr. Weare. VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00102 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 99 Mr. WEARE. I think most Americans would be—are surprised to learn that there are U.S. citizens under the U.S. flag who are com- pletely disenfranchised. One other thing a lot people don’t realize is just how many Americans live in the territories. So the popu- lation of the five populated territories is actually greater than the population of the five smallest States combined. The smallest States have 15 electors, 10 Senators, 5 Representatives in Con- gress, and the combined population of almost 4 million in the terri- tories have none of those things. There is also a lot of people who are surprised and kind of as- sume that residents of territories vote for one party over another. In Guam, for example, residents of Guam are swing voters. There has actually been a straw poll where, while they can’t vote for President for real, each Presidential election since 1980, they get a mark on a ballot who they would vote if they could vote. And be- tween 1980 and 2012, Guam voters selected the eventual winner of the election a day ahead of the rest of the country because Guam is on the other side of the dateline. So residents in territories are swing voters. This should not be a partisan issue. Every American should be able to vote wherever they live. Mr. AGUILAR. Thank you, Mr. Weare. I appreciate it. Thank you to our guests for being here. You know, Mr. Davis made a point in his opening remarks about the number of men and women who serve in our armed services who come from the territories, and on a per capita basis, the territories send more than Illinois, more than California, more than any State in our Union. And I think most Americans need to start connecting those dots about the serv- ice to our country and the lack of representation that we have. I also want to say that I owe the Chair a coffee because this might be the first hearing, Madam Chair, that Mr. Davis hasn’t mentioned ballot harvesting in California. So he is not—— Mr. DAVIS. Ballot harvesting. Time is up. Ballot harvesting. Mr. AGUILAR [continuing]. It is not a message today, even though we know that the only voter fraud that happened in the last elec- tion was in North Carolina. But, with that, Madam Chair, I will yield back. Chairwoman FUDGE. Thank you very, very much. Mr. Loudermilk, you are recognized for five minutes. Mr. LOUDERMILK. Thank you, Madam Chair. And thank you for allowing me to participate in this today. It is very interesting con- versation. And I agree with Mr. Davis that this is something that a task force would be well advised to look into and study in a bi- partisan basis. And I just briefly want to mention the ballot harvesting in Cali- fornia because Mr. Davis refused to do that. So—but moving on, Mr. Weare, in your opinion, do the respective territories have the infrastructure in place to conduct a smooth Federal election? For example, do the territories have the updated voting machines, cy- bersecurity protections, and bipartisan election observers to pre- vent against coercion and fraud? Mr. WEARE. I am not an election administration expert, but I know having voted in many Federal elections myself in the terri- tories that they do follow the same practices, sometimes for better VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00103 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 100 or worse, as the rest of the country have participated by absentee ballot while I was working for Congresswoman Bordallo. And I know that election administrators such as Congressman Sablan was for many years do the best they can with the local and Federal resources to ensure elections—fair elections are held every cycle. Mr. LOUDERMILK. With the influx of mail ballots that we have seen throughout the United States, do you think the territories are equipped to handle a potential massive influx of voters? This is for Mr. Weare. Mr. WEARE. Sure, again, I am not an expert on those issues, but I know that, with territories and how many people do travel abroad, absentee voting and voting by mail is a process that they are very familiar with, that they have supported. And, usually, par- ticularly in a smaller territory, given the smaller number of voters involved, it is not—it is not a process that is manageable. Mr. LOUDERMILK. Well, thank you, and I also open that question up to any of the delegates or any other guests. Mr. SABLAN. May I—— Mr. LOUDERMILK. Sure. Mr. SABLAN. May I, Mr. Loudermilk? Thank you. I conducted elections in the Northern Marianas for 10 years. And, yes, absentee voting, about 10 percent, a little bit over 10 percent of our popu- lation vote by absentee because they moved to the U.S. for medical, for educational purposes. And, actually, I had an experience where a Navy sailor who was in a submarine somewhere underwater actually wanted to vote. And we had to immediately and urgently put out a mechanism where he would allow us to expose his ballot, because we would know how he voted, and actually allowed him to vote. I don’t know how they sent that transmission, but it came in by fax. And so, yes, we are able do that. And, yeah, I think it would be wonderful because, right now, you can actually, starting 10 days before the election, walk in for no reason and ask for a ballot so you could vote by mail, even if you are—just because you are on election day. So, yes, I feel the territories are ready for mail-in bal- lots. That is my experience, sir. Ms. PLASKETT. Mr. Loudermilk, this is Stacey Plaskett again. I just want you to know that, under the CARES Act, the Virgin Is- lands on the board of elections, based on the written testimony of Caroline Fawkes, received $600,000 for protective equipment and other resources to support elections during this time period of COVID. Additionally, the board of elections has extended the period for early voting, which we have been doing increasingly over each elec- tion cycle, extending the time for early voting, which allows people to be able to do that and the social distancing and have more time so that there is not a crowd at the end. And mail-in ballots and absentee ballots, the expansion of that for not having specific rea- sons or just as a request, there is discussion at the board of elec- tions about allowing all ballots to be mailed. Those kinds of issues and initiatives are being debated and discussed now. Mr. LOUDERMILK. Thank you. Chairwoman FUDGE. I see two hands up, Mr. Loudermilk. Do you want to continue or ask another question? VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00104 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 101 Mr. LOUDERMILK. No, I will just continue with these for the re- maining time. Chairwoman FUDGE. Ms. Moolenaar, you need to unmute your- self. Ms. MOOLENAAR. Thank you for the question. I am glad that Congresswoman Plaskett responded because I was also going to mention that the League of Women Voters did indeed speak with our supervisor of elections, Ms. Fawkes, and she assured us that indeed the system is up for—for the mail-in ballots change. She in- dicated that mail-in voting has been in existence for quite a while in the U.S. Virgin Islands because, as it was pointed out by Mr. Weare, many individuals have moved to the mainland, but they still maintain voting rights within the territories. So the system is accustomed to that. Ms. Fawkes also indicated that she is aware that the tradition of going to the polls is a very strong cultural one in the Virgin Is- lands. So, although, this is—the increase in absentee ballots is a possibility, she recognizes that the system will definitely not be overwhelmed by an increase in absentee ballots. So the Virgin Is- lands definitely is prepared for this. Chairwoman FUDGE. Thank you. Mr. EMANUEL. Yes, I think the Congressman’s question also went to the—— Chairwoman FUDGE. Mr. Emanuel. Mr. EMANUEL. I am sorry. Chairwoman FUDGE. You are going to need to be very, very brief. The gentleman’s time actually expired, but go ahead. Mr. EMANUEL. Oh, I am sorry. I wanted to say that we also changed the machines. We used to have Shouptronic machines. We have machines that meet HAVA requirements. We have a paper trail. And we have a number of other measures in place to ensure the integrity of the elections. Thank you. Mr. LOUDERMILK. Thank you. I yield back. Chairwoman FUDGE. Thank you very much. Mr. Davis, do you have any closing statements or remarks? Mr. DAVIS. Ballot harvesting is bad. Thank you very much, Madam Chair. Thanks to my colleagues and very educational today. I certainly hope we can come together and work on some of these issues that were brought to our attention today. You have willing partners in the Republican Conference, and I look forward to sit- ting down and discussing some of these in more details with each of the—each of my colleagues from the territories. So thanks again, Madam Chair. I appreciate the opportunity. And thank you to all of the witnesses too. Chairwoman FUDGE. I thank you all. Thank you so much. And let me just say a few words in closing. One, if my Republican col- leagues would like for us to pull out the language that Ms. Plaskett has been talking about from H.R. 1 and make it a standalone, I would be happy to do that. If that is something that you guys want to cosponsor with me, I am happy to do it. Secondly, as we talk about how elections are run in the terri- tories, it clearly has nothing to do with the status of voting for the President of the United States. I mean, my colleagues see some- VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00105 Fmt 6633 Sfmt 6602 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING 102 thing sinister around every single corner. But let me just say the status and your voting rights and the problems in New York have absolutely nothing to do with allowing the territories their full citi- zenship and their right to vote. I would now just want to thank all of the witnesses and the members for their questions. The Members of the Subcommittee may have additional questions for the witnesses, and we will ask you to respond to those in writing. The hearing record will be held open for these responses. I thank you all. I thank all of our witnesses for your testimony today. And, without objection, the Subcommittee stands adjourned. [Whereupon, at 11:26 a.m., the Subcommittee was adjourned.] Æ VerDate Sep 11 2014 03:35 Oct 11, 2020 Jkt 041333 PO 00000 Frm 00106 Fmt 6633 Sfmt 6611 E:\HR\OC\A333.XXX A333 dlhill on DSK120RN23PROD with HEARING