[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] VOTING SAFELY IN A PANDEMIC ======================================================================= HEARING before the COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ AUGUST 28, 2020 __________ Printed for the use of the Committee on House Administration [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available on the Internet: http://www.govinfo.gov/committee/house-administration ______ U.S. GOVERNMENT PUBLISHING OFFICE 42-740 WASHINGTON : 2021 COMMITTEE ON HOUSE ADMINISTRATION ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland RODNEY DAVIS, Illinois SUSAN A. DAVIS, California Ranking Member G.K. BUTTERFIELD, North Carolina MARK WALKER, North Carolina MARCIA L. FUDGE, Ohio BARRY LOUDERMILK, Georgia PETE AGUILAR, California C O N T E N T S ---------- AUGUST 28, 2020 Page Voting Safely in a Pandemic...................................... 1 OPENING STATEMENTS Chairperson Zoe Lofgren.......................................... 1 Prepared statement of Chairperson Lofgren.................... 4 Hon. Rodney Davis, Ranking Member................................ 7 Prepared statement of Ranking Member Davis................... 9 WITNESSES Hon. Alex Padilla, Secretary of State, State of California....... 13 Prepared statement of Hon. Padilla........................... 15 Ms. Julie Wise, King County Director of Elections, State of Washington..................................................... 22 Prepared statement of Ms. Wise............................... 24 Ms. Amber McReynolds, Chief Executive Officer, National Vote at Home Institute................................................. 29 Prepared statement of Ms. McReynolds......................... 31 Ms. Vanita Gupta, President and Chief Executive Officer, The Leadership Conference on Civil and Human Rights................ 35 Prepared statement of Ms. Gupta.............................. 37 Hon. Donald L. Palmer, Commissioner, U.S. Election Assistance Commission..................................................... 43 Prepared statement of Hon. Palmer............................ 45 QUESTIONS FOR THE RECORD Hon. Alex Padilla, Secretary of State, State of California, answers to submitted questions................................. 97 Ms. Julie Wise, King County Director of Elections, State of Washington, answers to submitted questions..................... 104 Ms. Amber McReynolds, Chief Executive Officer, National Vote at Home Institute, answers to submitted questions................. 107 Ms. Vanita Gupta, President and Chief Executive Officer, The Leadership Conference on Civil and Human Rights, answers to submitted questions............................................ 120 Hon. Donald L. Palmer, Commissioner, U.S. Election Assistance Commission, answers to submitted questions..................... 124 SUBMISSIONS FOR THE RECORD Article, The Participatory and Partisan Impacts of Mandatory Vote-by-Mail, Barber and Holbein, Science Advances 2020, August 26, 2020....................................................... 70 Article, Intel Officials Contradict Trump on Voting by Mail, Politico, August 26, 2020...................................... 79 Considerations for Modifying the Scale of In-Person Voting, Election Infrastructure Government Coordinating Council and Subsector Coordinating Council's Joint COVID Working Group..... 129 Considerations for election Polling Locations and Voters, Centers for Disease Control and Prevention............................. 137 Guidelines for Healthy In-Person Voting, Brennan Center for Justice and the Infectious Diseases Society of America......... 144 Ballot Drop Box, Cybersecurity and Infrastructure Security Agency (CISA) Elections Infrastructure Government Coordinating Council and Sector Coordinating Council's Joint COVID Working Group.... 148 Letter, R. Kyle Ardoin, Secretary of State, State of Louisiana, to Tammy Whitcomb, Inspector General, United States Postal Service, August 10, 2020....................................... 156 VOTING SAFELY IN A PANDEMIC ---------- FRIDAY, AUGUST 28, 2020 House of Representatives, Committee on House Administration, Washington, D.C. The Committee met, pursuant to call, at 1:01 p.m., via Webex, Hon. Zoe Lofgren [chairperson of the Committee] presiding. Present: Representatives Lofgren, Raskin, Davis of California, Butterfield, Fudge, Aguilar, and Davis of Illinois. Staff Present: Jamie Fleet, Staff Director; Dan Taylor, General Counsel; Brandon Jacobs, Legislative Clerk; Stephen Spaulding, Senior Elections Counsel; Sarah Nasta, Elections Counsel; Kulani Jalata, Elections Counsel; Peter Whippy, Communications Director; David Tucker, Senior Counsel and Parliamentarian; Jen Daulby, Minority Staff Director; Tim Monahan, Minority Deputy Staff Director; and Cole Felder, Minority Chief Legal Counsel for Elections. The Chairperson. We have a quorum, I have a gavel, and the Committee on House Administration will come to order. I want to acknowledge the members who are with us today and welcome my colleagues here in California, and good afternoon for those of you out east. I want to remind our members and participants of a few things that will help us navigate this virtual hearing. We are holding this hearing in compliance with the regulations for remote committee proceedings pursuant to House Resolution 965. Generally, the Committee will keep microphones muted to limit background noise. Members will need to unmute themselves when seeking recognition 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. As we begin, we should take a moment to honor an important anniversary in our Nation's history. Fifty-seven years ago today, hundreds of thousands of Americans came to our Nation's capital for the March on Washington for Jobs and Freedom. Our beloved colleague and hero, the late Representative John Lewis, spoke from the steps of the Lincoln Memorial that day. He fearlessly challenged our country's denial of freedom and civil rights to Black Americans, including the right to vote--a right that the Supreme Court more than 70 years earlier called ``preservative of all rights.'' Today, many people are gathering at the Lincoln Memorial to commemorate the march and continue demands for voting rights, racial equality, police accountability, and criminal justice reform. Free and fair elections and unencumbered access to voting are the bedrock of our democracy. And yet, today, during a global pandemic the likes of which our country has not experienced in more than a century, voters are worried about how to safely vote and how to navigate potential disruptions this November. Nearly half of Americans expect difficulties voting this fall, according to recent polling by the Pew Research Center. It doesn't have to be that way. No one should be forced to choose between their right to vote or their health. In June, Chairperson Fudge convened an important Subcommittee hearing to examine the impact of COVID-19 on voting rights and election administration. Tragically, since that hearing, an additional 3.6 million people have become infected in the United States and another 59,000 Americans have lost their lives to the disease. This crisis has devastated many families and disrupted our way of life. The virus will continue to affect how we live for the foreseeable future, including how we vote. I look forward to hearing more today from our experts about how people can vote safely during this pandemic. Americans have cast ballots during great strife and national emergencies before. Civil War soldiers voted by mail from the battlefields. Millions of men and women in uniform have voted by mail since then, including after Congress passed the 1942 Soldier Voting Act and the Federal Voting Assistance Act in 1955. References to civilian mail voting date back to the late 1800s. This year, many States have changed their election procedures to make voting safer from a public health perspective. Although some voters in all 50 States can vote from home, the widest availability is for voters in 44 States and the District of Columbia who live in a no-excuse vote-by- mail State or where fear of COVID counts as a valid excuse this fall. Other Americans can choose to vote early, in person, in one of 42 States that provide it. Early, in-person voting helps keep polling places less crowded. Or voters can go to polling places on election day itself. Offering various methods of voting is consistent with guidance from the Centers for Disease Control and Prevention, which recommends, ``alternative voting methods that minimize direct contact and reduce crowd size at polling locations.'' Voters should have the option to vote by mail or to vote in person, and it should be safe and accessible. The House passed reforms to make this possible 105 days ago in the HEROES Act, including $3.6 billion in funding for nationwide implementation. Unfortunately, Senate Majority Leader McConnell has refused to take up the legislation, refusing instead to delay and do nothing for months. The virus, however, has not delayed, nor has it simply disappeared. And, sadly, neither has the President's disinformation campaign against voting, especially absentee voting. The President's assault has now expanded to include even the United States Postal Service, a venerated and popular institution enshrined in our Constitution. Earlier this month, President Trump, as he is prone to do, said the quiet part out loud: He explicitly stated he opposes funding the Postal Service because the Postal Service facilitates voting by mail. Meanwhile, the Trump-appointed Postmaster General, Louis DeJoy, enacted disruptive operational policies that have caused days-long backlogs in mail delivery across the country-- policies that impeded mail service to senior citizens, veterans, and the sick, who depend on Postal Service to deliver medications and other essentials, including ballots. I heard from thousands of my own constituents whose mail had been delayed. They were outraged. After much public outcry, Postmaster General DeJoy announced some of the policy changes would be paused until after the election. This reckless management of the Postal Service warrants close scrutiny and continued accountability. The House did its part on Saturday, passing the Delivering for America Act on a bipartisan basis, to prohibit the Postal Service from implementing any further changes that will delay mail and reduce delivery standards. The bill would also require the Postal Service to treat all election mail as first-class mail, as has been its practice for years. And it will provide the $25 billion in much-needed funding that its board of governors--each governor appointed by President Trump himself--has requested. Still, the President continues to spread disinformation and falsehoods about the safety and security of voting. They do not bear repeating at a congressional hearing. What does bear repeating is the best way voters can stand up to bullies at the ballot box: Make a plan to vote. Register to vote or confirm your registration and update it if necessary. Do that as soon as possible. Visit vote.gov for more information. Decide if you plan to vote in person or by mail. Research your options. Follow those instructions carefully, including if you need to request a ballot. Request and cast your ballot early if you can. And if you are healthy and able, consider signing up to work as a poll volunteer by going to HelpAmericaVote.gov. Many jurisdictions scrambled at the last minute to find poll workers this spring and summer. You can do your part by considering this public service. Now, I look forward to the testimony today, and I want to recognize first the Ranking Member, Mr. Davis, for any opening statement he may wish to make. I understand he wishes also to show a video of less than two minutes as part of his opening statement. So, Mr. Davis, you are now recognized. [The statement of the chairperson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chair. And thank you for recognizing our colleague John Lewis and the difference he made to our Nation not so long ago. I want to do something a little different today and start off my testimony, as you mentioned, by playing a video that was brought to my attention a couple of days ago and that I was so haunted by the rhetoric that I can't unsee and I can't unhear it. Because it is this kind of unnecessary, over-the-top rhetoric that led to me and my Republican colleagues getting shot at on a baseball field just over 3 years ago. It is actually a video by the Democratic Association of Secretaries of State, whose chair is a witness today at this hearing. Here is the video. [Video shown.] Mr. Davis of Illinois. Thank you, Madam Chair. White supremacy doesn't have any place in our Nation, but it is over-the-top rhetoric like that that has led to many, many situations that I don't want to see happen to anyone in this country. Recent analysis by NPR found that nearly half a million mail-in ballots were rejected in the 2020 primaries. The same analysis noted, ``Studies also show that voters of color and young voters are more likely than others to have their ballots not count.'' In California alone, 102,000 ballots were rejected; 84,000 in New York; 23,000 in Wisconsin. These are Democrat States. In the last four elections, more than 28 million mail-in ballots went missing, according to the EAC. Yet Democrats on this Committee, in this House, and across the country continue to push implementing universal vote-by-mail before the November election, just over 60 days away. Additionally, during the 2020 primaries, we saw the closure of polling places across the country force people to wait hours in line to vote. Washington, D.C., closed more than 120 polling places. In Atlanta, voters waited upwards of five hours to vote because of consolidated polling locations. Milwaukee went from 180 to 5 polling places. In Philadelphia, 77 percent of the polling locations were closed. In Houston, voters reported waiting close to 6 hours to vote. All of these cities are run by Democrats. The Voting Rights Act of 1965 fought against discrimination to ensure every American could cast their vote. I am afraid the vote-by-mail policies being pushed by Democrats are unintentionally taking us backwards. I have sent oversight letters to localities where we see these issues during their recent primaries because I am concerned that, unless changes are made, voters will be disenfranchised again this fall. Again, most of these are Democrat-controlled areas. I am very concerned about fraud when a live ballot is mailed to every registered voter in States where their voter rolls are not up to date. I want integrity in our election process, not because I want to suppress votes but because I want every vote to count. I want the American people to have the confidence that we all have in our election process. This doesn't make Republicans or anyone else who shares these concerns racist or White supremacist. And I am incredibly disappointed that the ad I played earlier insinuates that. As I said at the beginning of my testimony, this is the kind of rhetoric that has led to violence that I personally witnessed and even violence last night in Washington, D.C. No one--no one--should stand for that. Instead, let's discuss our differences and find common ground to empower States and localities to help everyone safely and securely vote this fall. With that, Madam Chair, I will yield back the balance of my time. [The statement of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. We have a distinguished group of witnesses, and I will introduce them in turn. First, we have Secretary Alex Padilla, who is the California secretary of State. He is focused on modernizing the office, increasing voter registration and participation, and strengthening voting rights. In 2018, he launched the California Motor Voter program, which automatically registers eligible Californians to vote when they obtain or renew their State ID or driver's license. The program registered one million new voters in its first year alone. In March 2019, California reached a record-high 20 million registered voters. He also oversaw the 2018 election, in which 64.5 percent of registered voters cast a ballot, the highest turnout for a gubernatorial election since 1992. He sponsored legislation in 2015 to establish vote centers, expand early voting, and implement same-day conditional voter registration through the Voters Choice Act. Previously, he served two terms in the California State Senate and represented the east San Fernando Valley on the Los Angeles City Council. He grew up in the San Fernando Valley, attended local schools, graduated from the Massachusetts Institute of Technology with a degree in mechanical engineering. And I remember, when he was elected head of LULAC, he said he only had time for two things besides being in the State Senate, being a husband and a father, and that was being chair of the MIT alumni association. So welcome to you. We also have Julie Wise, who is the director of elections for King County, Washington, since November of 2015. King County is the 13th-largest county in the Nation and has approximately 1.3 million registered voters. She has served King County for more than 15 years, including, prior to her election, as the deputy director of elections, managing day-to- day operations of elections. A Washington State-certified election administrator and nationally certified election registration administrator, Ms. Wise has been recognized at both the State and national level for her contributions to moving elections forward. Ms. Wise has pursued significant reforms and innovative solutions to remove barriers and increase access while ensuring accuracy, security, and transparency. She has added two languages, allowing voters to access election services in five overall: English, Chinese, Korean, Spanish, and Vietnamese. In 2018, she worked with the King County Council and executive to prevail in providing prepaid postage for all registered voters in the county. And we welcome you. We also have Ms. Amber McReynolds. She is the CEO for the National Vote at Home Institute and Coalition, the coauthor of ``When Women Vote,'' and the former director of elections for the city and county of Denver, Colorado. She is an experienced election professional and is nationally recognized as an innovator and has proven that designing pro-voter policies, voter-centric processes, and implementing technical innovations will improve the voting experience. With her leadership, Denver Elections earned national and international recognition from the U.S. Election Assistance Commission, Election Center, and National Association of Counties, and the International Center for Parliamentary Studies for Ballot TRACE, a first-in-the-Nation ballot tracking, reporting, and communication engine, and eSign, a digital petition circulation application that makes the ballot access process more efficient. She was recognized in 2018 as the top public official of the year by Governing magazine for her transformational work to improve the voting experience in Denver and across Colorado. And, recently, she was recognized as one of the top 25 most powerful women in business in Colorado. She serves on the advisory board for the MIT Election Data and Science Lab and on other boards and organizations. She has a master of science from the London School of Economics in political science and a bachelor of arts from the University of Illinois at Champaign-Urbana. Amber, thank you so much for being here. We would also like to recognize Ms. Vanita Gupta, who is president and CEO of the Leadership Conference on Civil and Human Rights. She has been working to advance civil rights her entire career. Before joining the Leadership Conference in June of 2017, Ms. Gupta served as Acting Assistant Attorney General and head of the U.S. Department of Justice's Civil Rights Division. Appointed in October 2014 by President Barack Obama as the chief civil rights prosecutor for the United States, she oversaw a wide range of criminal and civil enforcement efforts to ensure equal justice and protect equal opportunity for all during one of the most consequential periods for the division. Under her leadership, the division did critical work in a number of areas, including advancing constitutional policing and criminal justice reform, prosecuting hate crimes and human trafficking, promoting disability rights, protecting the rights of LGBTQ individuals, ensuring voting rights for all, and combating discrimination in education, housing, employment, lending, and religious exercise. Prior to joining the Justice Department, Ms. Gupta served as deputy legal director and director of the Center for Justice at the American Civil Liberties Union. She joined the ACLU in 2006 as a staff attorney. She began her legal career at the NAACP Legal Defense and Education Fund. She graduated magna cum laude from Yale University and received her law degree from the New York University School of Law, where she later taught civil rights litigation at their clinic for several years. And we welcome you. And, finally but not least, Commissioner Donald Palmer was confirmed to the EAC in 2019. He is a former Bipartisan Policy Center fellow, where he provided testimony to State legislatures on election administration and voting reforms concerning election modernization. Commissioner Palmer was appointed secretary of the Virginia Board of Elections by former Virginia Governor Bob McDonnell in 2011 and served as the Commonwealth's chief election officer until 2014. He formerly served as the Florida Department of State's director of elections. Prior to his work in election administration, he served as a trial attorney with the Voting Rights Section of the Department of Justice's Civil Rights Division. He was a U.S. Navy intelligence officer and judge advocate general, and he was awarded the Navy Meritorious Service Medal, the Navy Commendation Medal, and the Joint Service Commendation Medal. And we welcome you, Commissioner, and all of the witnesses. And I would remind the witnesses that your full statements will be submitted to the record, and we would like you to address us for about five minutes, summarizing your testimony, and then we will go to members for questioning. So, first, we will turn to you, Secretary Padilla. Thank you so much for being here with us. STATEMENTS OF THE HONORABLE ALEX PADILLA, SECRETARY OF STATE, STATE OF CALIFORNIA; JULIE WISE, KING COUNTY DIRECTOR OF ELECTIONS, STATE OF WASHINGTON; AMBER MCREYNOLDS, CHIEF EXECUTIVE OFFICER, NATIONAL VOTE AT HOME INSTITUTE; VANITA GUPTA, PRESIDENT AND CHIEF EXECUTIVE OFFICER, LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS; AND THE HONORABLE DONALD L. PALMER, COMMISSIONER, U.S. ELECTION ASSISTANCE COMMISSION STATEMENT OF THE HONORABLE ALEX PADILLA Mr. Padilla. Well, thank you, Chairperson Lofgren, Ranking Member Davis, and members of the Committee, for the opportunity to address you today. I want to talk about the two greatest threats to a free, fair, and safe election this November: the COVID-19 pandemic and election disinformation. California held its primary on March 3 of this year, and our first COVID-19 emergency declaration was issued the very next day. We soon began to hear from local officials that many of the polling places and poll workers that we were depending on for the November election were backing out. And as we listened to Federal and State health officials, it quickly became clear that we would need to modify how we administer the general election if we were to keep the election accessible, secure, and safe. The California voters will not have to choose between exercising their right to vote and protecting their health, so we are expanding vote-by-mail while working to maintain safe, in-person voting options for voters who need it. California is well-positioned. Vote-by-mail has grown from 25 percent of ballots cast about 20 years ago to 72 percent in this year's primary. So my office convened stakeholders to identify potential challenges and to develop solutions. Our recommended plan, adopted by the Governor and our State legislature, includes the following: County elections officials will send every active registered voter a vote-by-mail ballot. We are expanding our ballot tracking tool statewide, where voters can sign up to receive notifications by email, by text message, or a phone call on the status of their ballot through the Postal Service, both on its way to the voter and on its way back to the county, including a final alert when their ballot has been received and when the ballot has been counted. More than 600,000 California voters have already signed up. We are extending our postmark-plus-3 policy to postmark- plus-17. And we have set alternative minimum in-person voting requirements for counties that are struggling to maintain the pre-pandemic number of in-person voting locations. So counties may consolidate polling places to one location for every 10,000 registered voters, but they must be open for a minimum of four days leading up to and including election day. These counties must also provide a minimum of one ballot drop-off location for every 15,000 registered voters starting 28 days before election day. And, of course, we are working with public health officials to craft the health and safety guidelines for in-person voting locations. Now, these measures require resources. Thanks to the recent HAVA and CARES Act appropriations and significant State appropriations, California is in an okay position, but other States can't say the same. Many States have not received State funding, and many States that have held their primary elections during this pandemic have expended most, if not all, of their CARES Act funds. So I respectfully urge you to appropriate more funding for elections as soon as possible. The other threat I mentioned is election disinformation. Baseless attacks on the integrity of our elections pose a serious danger to the health of our citizens and our democracy. Disinformation, amplified and often initiated by President Trump, about vote-by-mail, ballot drop boxes, and more undermines public confidence. Numerous reports and court decisions have found that voter fraud is rare and isolated. To quote U.S. District Court Judge Julie Robinson of Kansas, ``The rare known cases of voter fraud were not the tip of the iceberg. There is no iceberg, only an icicle, largely created by confusion and administrative error.'' And, earlier this week, the FBI said they have no information or intelligence that any nation-state threat actor is engaging in activity to undermine any part of the mail-in vote or ballots. I also have to say I am deeply concerned about the Postal Service. The ability of the USPS to effectively handle the surge of vote-by-mail will rely on close collaboration with State and local election officials, the approval of overtime and expansion of their workforce, and expanding mail-sorting capacity and the number of mailboxes. California is prepared, but we do not control the Postal Service. We need your help to ensure a healthy USPS. Together, these threats pose unprecedented dangers to elections officials and to voters. To protect our democracy, State and local elections officials must act now. California provides a template, but we need Congress to provide the resources to ensure an accessible, secure, and safe election. Thank you. [The statement of Mr. Padilla follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you very much, Secretary Padilla. And now I would like to ask Ms. Wise if you would give your testimony for about five minutes. STATEMENT OF JULIE WISE Ms. Wise. Good morning, Chairperson Lofgren, Ranking Member Davis, and members of the Committee. Thank you for the invitation to testify before you today. My name is Julie Wise, and I am the director of elections for King County, Washington. King County is made up of 39 cities, ranging from Seattle to suburbs, small towns, and rural communities like where I live, on a farm at the base of Mount Rainier. We are home to the most diverse ZIP Code in the country as well as multibillion-dollar tech companies, farmers, artists, and small businesses. Most importantly, from my perspective, we are home to 1.4 million registered voters who care deeply about their community. I have been working elections for 20 years. I have overseen polling places, the transition to all-mail, and now manage elections for one of the largest vote-by-mail counties in the country. I would like to start this morning by addressing some misinformation about vote-by-mail that has been circulating of late. First, voting by mail is secure. Before we moved to vote- by-mail, we managed 8,000 poll workers across as many as 700 polling locations. Now, we process every single ballot at one location, our secure headquarters. Not only does this limit risk, it means I can directly oversee the entire operation. It means we can track and reconcile every ballot. And it means the public and observers have complete transparency. All of our elections staff are highly trained paid employees who swear to uphold the sanctity of the election. Second, voter fraud is almost nonexistent. While we have seen many claims, often fueled by speculation and little evidence, the reality is that we have many safeguards to prevent fraud. We ensure accurate voter rolls by working with other States, the Department of Licensing, USPS, and the Social Security Administration. In King County and Washington State, cases of suspected fraud are incredibly low. In 2016, King County elections referred 17 cases of potential voter fraud to our prosecuting attorney, and that is out of a million ballots cast, compared across 30 States, for a rate of just 100,000th of a percent. Third, the United States Postal Service is essential to democracy, and I have found recent reports of removing mailboxes and lagging delivery times incredibly troubling. What I can tell you about our experience in Washington is that we benefit from a decades-old relationship with our Postal Service partners, whom we meet with regularly and daily during an election. The good news is that, in our August primary election, we saw normal delivery times for both our outgoing and inbound ballots. However, let me be clear: I view any threat to the Postal Service as an attack on our community's right to vote. I will be closely monitoring changes and continuing to meet with USPS to make sure we stay in front of any issues ahead of November. I also know there has been speculation that ballot drop boxes aren't secure. Constructed of half-inch-thick steel and weighing in over 1,000 pounds, I can assure you that our 70- plus boxes are safe. We even had one hit by a school bus, and I can attest that the box and its contents were just fine. The school bus? Not so much. Over half of our voters use a drop box to return their ballot. They are emptied daily during the voting period by trained staff in teams of two, complete with a comprehensive set of security procedures. Finally, vote-by-mail removes barriers. I believe that my job is not only to conduct accurate elections but also to remove barriers to voting. From creating a first-in-the- Nation partnership to provide community grants for voter education, to adding service in new languages, to partnering with the Seattle Seahawks, we have found new ways to engage voters. And we have seen the results: King County reached 76- percent turnout in the 2018 midterm election and nearly 60 this year for our primaries. In fact, this fall, we are projecting a 90-percent turnout. Of course, we live in a different world now than we did just 6 months ago, and I am doing a number of things to make sure we are ready for the upcoming Presidential election in light of COVID-19. I want to underscore how critical the grant dollars were that we received through the CARES Act. While King County may be well-positioned to handle an election during a pandemic, there has been a lot to do to make sure that our voters and staff are safe. We have set up drive-through vote centers, installed partitions and plexiglass, and implemented temperature checks. CARES dollars have ensured that our voters can make their voice heard safely and our staff don't have to risk their lives to help make democracy happen. Over the last several months, my office has gotten inquiries from across the country about how to do vote-by-mail. The reality is that every jurisdiction already does some form of vote-by-mail. That is what absentee voting is. The challenge for these jurisdictions is how to expand their ability to handle a whole lot more mail ballots. First, they need resources to expand their existing operations and to communicate with their voters. Beyond that, my main piece of advice is that we all need to start resetting expectations about results on election night. We are not going to know final results, and that is okay. To process ballots accurately takes time. We need to make sure jurisdictions have the time and space without having the election's validity questioned. Thank you again for inviting me here today. [The statement of Ms. Wise follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you very, very much. We now will hear from Ms. McReynolds for about five minutes. STATEMENT OF AMBER MCREYNOLDS Ms. McReynolds. Good morning, Chairperson Lofgren and Ranking Member Davis and members of the Committee. Thank you for the opportunity to speak today. First, I want to say congratulations to my dad really quickly. He was just sworn in to a higher court in Illinois a few days ago, and we couldn't make it. So if he is watching, congrats, Dad. As mentioned, my experience not only is now, currently, running an organization that is supporting election officials across the country, but, formerly, I was an elections director and oversaw election processes for 13 years. And I am also an unaffiliated elector, which I will also like to highlight, in terms of my political affiliation. The pandemic has upended all aspects of our lives, and the voting process is no different. Simply put, our democracy is essential, and we must do everything we can to be sure that our election system is ready, resilient, and secure. Election officials are working each and every day to make this happen, even in extremely challenging circumstances and often with one hand tied behind their backs due to outdated laws and a lack of funding resources. What is clear to me during this pandemic and other challenges we have faced as a Nation is that Americans are resilient. And they deserve a voting process that is also resilient, not only from a pandemic, but from unfairness, barriers, burdens, from foreign adversaries, and from administrative deficiencies due to outdated policies that create long lines. Voting by mail has proven to be resilient both during natural disasters and also now during the pandemic. Expanding vote-at-home options is nonpartisan and supported by leaders on both sides of the aisle. I want to address a few key concerns that have come up recently. As noted in a CISA report released on July 31, and I quote, ``Disinformation risk to mail-in voting infrastructure processes is similar to that of in-person voting while utilizing different content. Threat actors may leverage limited understanding regarding mail-in voting to mislead and confuse the public.'' Now, this report is critical at highlighting not only an issue within the security of our elections but particularly as it relates to vote-by-mail, and this includes casting doubt, without evidence, about the mail ballot process. Thus, combating disinformation and misinformation is a critical aspect of election officials' work right now. The Postal Service operations are critical for our election processes regardless of voting method. Mail ballots are actually just one piece of how the Postal Service supports the election infrastructure. Federal and State laws have legal mandates with regards to sending voter registration information, ballot issue notices, election information, poll worker appointment letters, polling place notification cards, and other required mailings. All of these are legally required and are at risk if the Postal Service is unable to process mail effectively or experiences delays. And this is especially important during the critical time period around election day. Some States, such as Michigan, Pennsylvania, Wisconsin, Maryland, and Minnesota, have also not updated certain election laws and processes to ensure adequate time to process mail ballots, which has caused recent delays with election results. Local election officials and State officials have repeatedly highlighted this gap, and some State policymakers have refused to make the necessary adjustments even though they are simply operational, not partisan. States still have time to close those gaps and support election officials with their work. Let me be clear: Election results have never been final on election night. There are specific post-election processes, including receiving and counting military ballots, processing provisional ballots, auditing the voting system, and canvassing the election results, that happen, and then certification occurs. Additionally, many western voters are still casting ballots when the media starts to call winners in eastern States. This has been a problem for decades, and it is not new this year. As with every part of our election system, we must be able to deter, detect, and hold bad actors accountable that try to interfere with the voting process. While voter fraud is exceedingly rare in elections regardless of method, it is still critical for election officials to detect malicious activity and for voters to report suspicious activity to appropriate authorities. Our democracy functions when every eligible voter is able to exercise their right to vote. No system is perfect, and this is why it is critical to continually review and improve systems by enhancing security, access, and transparency. An example of a necessary improvement is ballot tracking systems or risk-limiting audits. Democracy is the shared DNA of our communities and throughout our history. Election administration and policy must be about who votes and not who wins, and we must put voters first. Just like the Postal Service, election administration is a service and must be free from partisan politics. [The statement of Ms. McReynolds follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you very much. We will now turn to Ms. Gupta. And you are recognized for about five minutes. STATEMENT OF VANITA GUPTA Ms. Gupta. Thank you, Chairperson Lofgren, Ranking Member Davis, and members of the Committee. Thank you for the opportunity to testify today for safe, fair, and accessible elections during the COVID-19 crisis. The fight for American democracy requires a new urgency as the Nation grapples with a confluence of crises, from a global pandemic, to a looming economic recession that is hitting communities of color hardest, to widespread outrage about State violence against Black people. Taken together, these crises really expose how deeply racial inequality continues to permeate American life. We need strong democratic institutions and voting options free from unnecessary encumbrances now more than ever. The Leadership Conference has been profoundly troubled by the recent operational changes within the U.S. Postal Service. Americans depend on the U.S. Postal Service for timely, affordable access to medication and daily necessities. It is also an essential service for voting amid a pandemic. Voters should not be forced to choose between their health and their fundamental right to vote, and sabotaging the U.S. Postal Service could do just that. Our Nation has a long and troubling history of denying people of color the right to vote. Even as we commemorate the March on Washington and celebrate the 100th anniversary of women's suffrage, we remember that African-American women and women of color were not able to exercise the franchise for decades after the ratification of the 19th Amendment. And while the Voting Rights Act of 1965 offered new tools to fight blatant forms of discrimination, people of color have continued to face barriers to voting, especially after five Justices on the Supreme Court invalidated the VRA's key enforcement provisions in 2013. Despite the best efforts of the Leadership Conference coalition to protect voting rights for vulnerable communities, voter suppression continues today to take its toll. What we have seen in this year's primary elections alone provides a dire warning of what we could expect in November without congressional action, from undelivered absentee ballots, to unreasonably long lines, to polling place closures, to undertrained staff, to disinformation campaigns that are specifically targeting voters of color. That is why lawmakers must act now to ensure that the general election is fair, safe, and accessible and support State and local election officials that are trying to do just this. First, it means taking immediate action to preserve the integrity of the Postal Service. The USPS is legally required to deliver mail to all postal addresses no matter how far it may have to travel or how profitable the work. The accessibility and affordability the USPS provides is crucial to seniors, people with disabilities, veterans, and rural and Tribal communities. In response to the alarming problems at the USPS and disinformation efforts to undermine voters' confidence in voting by mail from officials in the highest offices of the land, a bipartisan House majority passed the Delivering for America Act last weekend. This bill needs to be made into law. It would provide USPS with the $25 billion in emergency funding and restore services. And we are really encouraged by this important step to protect the U.S. Postal Service. However, our concerns on the upcoming election go well beyond the U.S. Postal Service. We are just over 2 months away from the 2020 general election, and States need funding to prevent a repeat of the disasters during the primaries this spring and summer. Congress must allocate the $3.6 billion that was in the HEROES Act now for States to fully prepare for November and provide voters with a range of options to safely cast their ballot. The Leadership Conference is pushing in States, as well, to expand online and same-day voter registration, to ensure access to no-excuse absentee ballots with prepaid postage, prohibit the requiring of notarization of witness signatures to cast an absentee ballot, automatically mail absentee ballots to all registered voters no later than 2 weeks before election day, require the counting of ballots postmarked on or before election day, and have widely available secure drop boxes. They must expand in-person early voting and ensure that voters residing on Indian lands can vote by maintaining safe, in-person voting options and provide secure return drop boxes. And, lastly, there is a huge urgency to provide funds to States to be able to educate voters about all of the rule changes and combat disinformation. We are also encouraging voters to make sure they understand how to take direct action themselves by making sure they are registered, making a plan to vote early, and to sign up to be a poll worker. For the past 70 years, the Leadership Conference coalition has fought to open the doors to our democracy. And for the next 70 days, we are going to do everything that we can in our power to push Congress to safeguard the right to vote in the critical November election. Thank you. [The statement of Ms. Gupta follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you so very much for your testimony. And now we will turn to Commissioner Palmer. You are recognized for about five minutes. STATEMENT OF THE HONORABLE DONALD L. PALMER Mr. Palmer. Thank you. Good afternoon, Chairperson Lofgren, Ranking Member Davis, and members of the Committee. I appreciate the opportunity to testify today on the Election Assistance Commission's ongoing work to support election officials and the voters they serve. Election officials are working tirelessly to ensure that elections are safe, accessible, secure, and accurate. I would like to thank Congress for funding to the States in response to the pandemic and to assist in the security of elections. The agency has distributed almost $1.2 billion in grant funding since 2018, including $400 million in recent CARES Act funds. These revenue sources have proven vital in preparing for November. While funding of the Commission and its mission remains below its historic budget levels, we were able to pivot and prioritize our response to COVID by bolstering existing programs and developing new services. The EAC held a series of virtual forums of lessons learned, discussing ways to improve election procedures for the benefit of voters. We hosted over 25 forums with officials to hear what went right and what went wrong. We discussed absentee and mail voting adjustments, in-person polling place safety, and assistance for voters with disabilities. Americans should feel confident that in-person voting locations will be safe for voting. We work closely with the Centers for Disease Control to revise guidelines to ensure in- person voting is a safe option for voters. And, of course, CARES Act funds have been used to purchase PPE for election workers and sanitize polling places. As we sit here today about 60 days prior to election day, the train is preparing to leave the station. The 45-day deadline for the sending of overseas and military ballots is September 19, only 3 weeks from now. The men and women who serve as election administrators across the country are engaged in a Herculean effort, overcoming the challenges of a pandemic and addressing the concerns and needs of the American people. They deserve much credit and respect. Right now, they are processing millions of voter registrations, recruiting and training poll workers, preparing ballots, testing the voting equipment, and focused singularly on making this election a success for Americans. The EAC is helping States prepare for the anticipated increase in the use of absentee or mailed ballots. States are using CARES Act grants to fund additional materials, postage, and personnel associated with this shift. Some are using this funding to implement online portals to request absentee ballots and make the process for requesting mailed ballots a more efficient and secure process. During the primary season, there were a number of ballots rejected due to the lack of signatures or that arrived past deadlines. In a recent EAC roundtable, a Postal Service representative recommended that voters requested their absentee ballots no later than 15 days prior to election day and returned no later than seven days prior to election day. In my opinion, voters should start the process even earlier, 20 to 30 days prior to election day or ballot return deadlines. Voter education at the State and local level is essential to reduce the chances of error, omission, or delay in return or counting of a ballot. One critical item for in-person voting is to ensure---- [Audio interruption.] The Chairperson. I think we have a glitch with Commissioner Palmer's WiFi perhaps. Mr. Davis of Illinois. Madam Chair, while we are waiting for him to come back and finish his statement, can I raise a point of personal privilege real quick and get an answer? The Chairperson. Sure. Mr. Davis of Illinois. We had one of our members have to back out today, late notice. Will I get a chance to do a second round for the minority at some point? The Chairperson. Yes. I am planning to do a second round of questions. Mr. Davis of Illinois. Thank you, Madam Chair. The commissioner is back. The Chairperson. Mr. Palmer, I think your WiFi is going on and off. Mr. Palmer [continuing]. Deadlines, issues have arisen in jurisdictions that use postmarks to ensure ballots received after election day were mailed on time. As more States have begun providing prepaid envelopes to voters, there have been problems with the uniform application of postmarks for this type of mail. In New York and Wisconsin, local officials took the time to reach out to postal officials to ensure ballots would be postmarked, but thousands of ballots slipped through. The Postal Service has stated its policy is to postmark domestic election mail even when prepaid. A clear directive from the Postal Service that ensures every ballot sent as election mail receives a clear, legible postmark would support uniformity and help avoid any confusion or controversy. I would encourage city and county governing bodies to give election administrators whatever emergency support may be necessary to meet all deadlines and assure administrators that they have the support necessary to secure polling places and poll workers. The efforts of election administrators on behalf of voters who are not only here in the U.S. but also for our overseas and military voters are crucial to our democracy. We look forward to our continued work together to support election officials and the voters they represent. Thank you. [The statement of Mr. Palmer follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you very much, Commissioner. And now we have a time when each Member of the Committee may question the witnesses for five minutes. And I would like to turn to the Ranking Member first to begin with the questions. Mr. Davis, you are recognized for five minutes. You need to unmute. Mr. Davis of Illinois. Yep. Not like we haven't been on this rodeo before. I apologize. I do have some questions for Ms. Wise. If you could, Ms. Wise, just--first off, thanks for being here. I appreciated your opening statement. And, Ms. McReynolds, go Illini. Tell your dad I hope never to see him in the courtroom in Henry County, but congratulations. But I want to ask Ms. Wise: Many are pushing for your counterparts in other States to jump headfirst into all-mail elections, even at this late date. I am really concerned any sort of switch at this point on the calendar is going to cause some election administration issues. So I am going to give you a series of questions. Can I just get a ``yes'' or a ``no'' answer? Because I don't have a lot of time and I am the only one on our side. Was the reason King County delayed its move to all-mail elections was because it needed time to procure the necessary equipment, adequate personnel, and working space, yes or no? Ms. Wise. I don't know what delay you are speaking of. Mr. Davis of Illinois. Okay. Yes or no, it took King County four or five years to transition to all-mail voting, right? Ms. Wise. No. Mr. Davis of Illinois. How long did it take? Ms. Wise. We went a decade ago to vote-by-mail. And I am not sure of, like, the actual process. I mean, I think 86 percent of our voters were already permanent absentee voters at that point. Mr. Davis of Illinois. Okay. I understand the procurement process for high-speed sorting machines can take some time, not to mention staff training. If a State started today, it would be impossible for them to come up with the equipment, personnel, and space they needed by November, yes or no? Ms. Wise. It depends on how many absentee voters they have. So we are already processing mail ballots right now, right? I mean, every jurisdiction has some amount of absentee voters, so it just depends on how big. Mr. Davis of Illinois. I don't have a lot of time, and I don't want to be like some of my colleagues on other committees and have to reclaim my time. I understand Washington State, like my home State of Illinois, is a member of the ERIC system, which helps 30 States and D.C. keep their voter rolls up to date by comparing information across States. I think being a member of ERIC has benefited King County by ensuring you are able to send ballots to voters at the correct address, right? Ms. Wise. Correct. Yes. Mr. Davis of Illinois. Thank you. The Postal Service's operational issues aren't new. I mean, recently, FiveThirtyEight found that more than 30 States have mail ballot request and return deadlines that are incompatible with longstanding Postal Service deadlines. More than 30 States have mail ballot request and return deadlines incompatible with longstanding Postal Service deadlines. With more Americans expected to vote by mail this fall, I am concerned these dual issues are pushing us toward major election administration issues in November. So I appreciate your time, Ms. Wise, and I agree we have to be better at our election administration. While I have a little more time, I would like to turn to you, Secretary Padilla. Mr. Padilla. Yes, sir. Mr. Davis of Illinois. Thanks for being here today. As you know, my office has sent you numerous letters requesting to meet with you and your staff, but we have heard nothing back. So it is good we are finally able to discuss the serious election administration issues that I see occurring in California. But, you know, unfortunately, we haven't been able to get this done beforehand. That is a little disappointing to me. I am absolutely disgusted by the advertisement I showed earlier, which was released by your Association of Secretaries of State. You lead that group. The greatest threat to the integrity of our elections is partisanship, and I have seen no better example of destructive partisanship than that ad. So I think it is important to focus on the current and serious election administration issues in your home State of California--rejected ballots, bungled registration lists, and rampant ballot harvesting. NPR says that over 100,000 California mail ballots were rejected this year alone. Studies tell us young voters, people of color, usually pay the price. No well-managed system should have so many ballots rejected. In case you are not aware, the National Voter Registration Act requires you to maintain accurate voter registration lists. I say this because, considering how many times you have been sued or threatened to be sued for noncompliance with the NVRA, I am not sure this is getting through. You even entered into a legal settlement recently that forces you to comply with the law. But, apparently, that wasn't enough, because, just this past April, you received a letter that indicated that California is still not in compliance with the NVRA, particularly those sections requiring deceased or ineligible registrants to be removed. Are you aware of how many California registrants on your voter rolls are likely deceased or have moved out of State? Mr. Padilla. Multiple questions there, so if you afford me a few minutes, I will respond to each one of them. First of all, I agree we haven't been able to set up a call or a meeting, but I do believe my office has been responsive to every question and request for information that your office has made of mine, number one. Number two, I couldn't agree more that the fundamental right to vote, to making it easier for eligible citizens to register to vote and to stay registered and to cast their ballot, should not be a partisan issue. But when you see different policies that are being implemented in different States that have the net effect of making it harder and, specifically, making it harder disproportionately on young people or communities of color, et cetera, lower-income families, to register, stay registered, and to vote, then it does have a discriminatory effect, and we absolutely stand up against that. To your question about vote-by-mail ballots that were rejected in our primary, I will tell you that the lion's share of those were ballots that were either postmarked after the primary election or arrived very late, beyond our postmark- plus-3 law in California--all the more reason to extend our postmark-plus-3 to postmark-plus-17 for the November general election so more ballots can and will be counted. You know, if we are worried about some of the effects of people---- The Chairperson. The gentleman's time has expired, so if you could very quickly wrap up---- Mr. Padilla. Sure. The Chairperson [continuing]. Mr. Secretary. Mr. Padilla. So if we are really concerned about, you know, the unfortunate disenfranchisement of so many eligible citizens, then we should fully fund the U.S. Postal Service and we should fully fund elections. The Chairperson. Thank you very much. Mr. Raskin, the gentleman from Maryland, is now recognized for five minutes. Mr. Raskin. Madam Chair, thank you very much. And I am actually greatly reassured by the testimony from our secretaries of State and these election officials that we are ready to go and we should stop spreading anxiety and disinformation about the elections. I confess that I am a little bit baffled by my friend, the Ranking Member's indignant complaint about the Democratic secretaries of State's completely unexceptional TV advertisement about White supremacy being both a political ideology and a strategy for maintaining power. One would think that the whole history of disenfranchisement in our country, with poll taxes, literacy tests, grandfather clauses, White primaries, and so on, would vindicate the accuracy and the passion of that ad. And, indeed, when the gentleman repeatedly invokes ``over- the-top rhetoric,'' I don't know what he is referring to. But it strikes me as over-the-top rhetoric to link this ad, presumably made over the last several months--I don't know; maybe the secretary from California could tell us--but linking that ad to the violent assault on our colleagues on June 4, 2017, something that took place 3 years ago, that strikes me as true over-the-top rhetoric. In any event, we face two key obstacles today, as Secretary Padilla puts it. One is COVID-19; the other is the continuing disinformation about voting which is scaring people and confusing people. And there is this incessant stream of propaganda from the highest levels of government trying to scare people about different forms of voting. Now, I want to focus on ballot drop boxes, because they are one of the ways that the States are working to address all of the problems caused by COVID-19, which, of course, has afflicted more than five million of our people and killed more than 180,000 of them. At least 34 States and the District of Columbia have used or plan to use ballot drop boxes this year, including my home State of Maryland. The President recently attacked ballot drop boxes via Twitter, claiming that ballot drop boxes are a voter security disaster that will facilitate fraud. So I wanted to come to Secretary of State Wise, if I could--or, I am sorry, you are not secretary of State, you are an election official. Ms. Wise, you say that in King County you have been using ballot drop boxes for years without any problems. Is that right? Can you explain how secure they are? What are the benefits of drop boxes? And then, also, how did a school bus hit a drop box, and how did the drop box survive and the school bus not make it? Ms. Wise. We have had drop boxes since we moved to vote-by- mail about 10 years ago. So we went from--when I was first elected, we had 10; we now have 70. That means 96 percent of our voters in King County have a drop box within just a three- mile radius of their home. And we have seen studies out of the University of Washington that proximity to a drop box increases turnout. So drop boxes are incredibly important. They served a really important service, especially when we didn't have prepaid postage, but now that I have secured prepaid postage, voters really have both options. These are secure drop boxes. These drop boxes are, in fact, manufactured by a company called Vote Armor. And more than half of our voters use our drop boxes. And they come in really handy for our voters that maybe want to wait until election day, a little bit more of our procrastinators. And so, election day and the day before, in fact, we see 50 percent of voters turn out to those drop boxes. They are securely designed, 1,000- pound boxes. We had the opportunity to host students at our facility. We have 99,000 square feet where we process our ballots. And so we hosted about 700 students, not at the same time. But that is why the school bus was on site, was to bring the students. And the driver just mistook the turn, crashed into the drop box. The drop box was completely fine, and the bus didn't look so great. Mr. Raskin. Well, I hope all the kids were okay, but that is a great advertisement for drop boxes and their sturdiness and their reliability. You also testify, Ms. Wise, that Washington is one of the five States, I think it is, that have conducted universal vote- by-mail elections, which is another target of the President, who says that vote-by-mail promotes fraud, it is not trustworthy, et cetera, et cetera. Has your State seen any significant increase in the incidence of voter fraud because they are doing universal vote- by-mail? And what do you think of the President's continuing attacks on States like yours? Ms. Wise. There hasn't been cases of fraud. In my testimony, as I said, the percentage rate of fraud happening-- and this is when King County compared our data in ERIC to 30 other States in which those voters were registered. There is not fraud happening. Mr. Raskin. And you just said it was 1-100,000th of 1 percent. Ms. Wise. That is correct. That is accurate. Mr. Raskin. So what do you make of this attack on universal vote-by-mail? The Chairperson. The gentleman's time has expired, so if you could answer promptly, that would be wonderful. Ms. Wise. In Washington State, we are all permanent absentee voters. If you want to call it universal mail-in or whatever you want to call it, it is same thing as permanent absentee voters. When a voter signs up in Washington State, they are signing up to be a permanent absentee voter. Mr. Raskin. Thank you very much. I yield back, Madam Chair. The Chairperson. Thank you so much. The gentlelady from California, Mrs. Davis, is recognized for five minutes. Mrs. Davis of California. Thank you very much, Madam Chair. And thank you to all of our witnesses here today. I appreciate your joining us. Now, one of the best but least known components of a good absentee ballot system is ballot tracking, which lets voters be able to tell online whether their ballots have been sent out, whether they have been received back, and whether their votes have counted. And I put language into the defense bill some years ago to require ballot tracking for the military and overseas voters. And my hope is that elections officials would open up to that for all voters, as many of them have. But I am concerned that most voters are unaware that they can track their ballots. Many registrars don't seem to do enough to let voters know about it, and it is buried on some of their websites. And so a lot of voters truly don't know about this service. Mr. Padilla, Mr. Secretary, I know that you have been working on this. Can you tell us how you promote Where's My Ballot? And have you had secretaries of State look to you to help them to be able to do this as well? Is it too late for them to do that? You know, what is the--not in detail, the procedure, but how can they afford themselves again of providing this service to voters? Mr. Padilla. Right. No, I appreciate the question. And so I should say, we, I don't believe, are the first State to expand statewide. Colorado might be the first State to have done it statewide. We have had ballot tracking prior in California. We had about 28 counties participate in the primary election. Voters in those counties had a great experience. But for purposes of November, we are expanding and mandating it statewide. This will always be counties [inaudible] voter education campaign about ballot [inaudible]. So I think we are off to a great start. [Inaudible] colleagues across the country, organized by the National Association of Secretaries of State, where we exchange these best practices and good ideas. And I know many others are looking at it [inaudible] county, we chose to invest some of the funding from the CARES Act and HAVA to underwrite the ballot tracking expansion statewide per county, so it didn't become a fiscal burden for individual counties. And, last, I just want to say, it is not just a great tool for voters, right--the transparency of your ballot moving its way through the mail delivery process, confirmation when it has been received and counted. Great for transparency for the voters, but it provides a great diagnostic tool, a dashboard for us to identify any bottlenecks or delays in the postal delivery. And so we can then work with regional or local postal officials to the make sure those ballots are delivered on a timely basis. Mrs. Davis of California. Thank you. I wonder if, Ms. Wise, Ms. McReynolds, if you would like to comment as well, particularly on that and really making it more prevalent and, again, giving voters the confidence that they can check this information. Ms. McReynolds. Yes, I am happy to weigh in for a second. Actually, Denver was the first pioneering office for ballot tracking, now, back in 2009, so 11 years ago that we created that. And then there is a commercial provider, and there is also a nonprofit provider, and then some States have built tools in-house. So over 30 States actually offer tracking on their websites. And there are actually still States right now that I have been working with to expand and implement ballot tracking like what California has done statewide for this election. So the window is closing, but there is absolutely time to do that. I have been working with various States to try to get that implemented and set up now. And, you know, a lot of States are in the process of trying to do that now. And, certainly, voters knowing about it is critical. And there is lots of ways to do that, through a voter education campaign or even, in a lot of States, when you register to vote, you can actually select the option to get electronic information about voting from the election officials. And so you can basically opt in at that point in the registration process in various States as well. Mrs. Davis of California. Thank you. I appreciate that. And yet it feels as if there are a lot more people who could be doing it than are. So we have to do a better job of that. I appreciate it. Secretary Padilla, I want to just give you an opportunity very quickly to respond a little bit, because the fact that you are sending ballots to every voter in California somehow seems suspect, and I wonder if you could just respond to that, that, you know, it opens the door to more fraud, if you would like to do that. Mr. Padilla. Sure. No, I appreciate it, and I will try to be concise. You know, vote-by-mail is nothing new in California and for many other States across the country. California is not the only one. No-excuse vote-by-mail, specifically, has been in place in California for a couple of decades. So vote-by-mail is absolutely convenient for voters. It has proven to be secure as well. You know, among the security measures that we have in place, starting with the ballots themselves, it is not quite like currency, but think specific paper types, watermarks, other distinguishing features of ballots. So it would be pretty darn hard to introduce fake ballots into the system. The alarm bells would go off almost immediately. Second, vote-by-mail ballots must be returned in the official envelope provided to the voter, each with a unique barcode for tracking purposes not just through the mail but for maintaining the voter's record of when somebody has voted to help guard against double voting. The all-important signature verification. When the voter returns their ballot, they must sign the back of the return envelope. And the first thing county officials do is check that signature against the signature on file as part of that voter's record to help confirm the identity of the voter. If the voter forgot to sign the envelope or the signatures do not match, California law requires counties to attempt to contact the voter to rectify any signature issues. Because we want to make sure a legitimate vote is counted. And if the voter says, hey, that wasn't me, well, then, obviously, we have something to look into. So---- Mrs. Davis of California. If I could interrupt, sometimes people are afraid that the voter is deceased and, somehow or other, someone is going to get that---- Mr. Padilla. Sure. So, on list maintenance, you know, county officials work constantly to maintain the accuracy of their rolls. They cross-reference coroner's data, for example, to identify deceased individuals to remove them from the rolls. In California, they also check---- The Chairperson. The gentlelady's time expired, but I am going to go back to you when it is my turn, Secretary Padilla, to finish this. Mr. Padilla. Okay. The Chairperson. I would like to recognize the gentleman from North Carolina, Mr. Butterfield, at this point for five minutes. Mr. Butterfield. Thank you very much, Madam Chair, for convening this very important hearing this afternoon. It is Friday afternoon here on the East Coast. And I did not want to put on a necktie, but I did it, and I am reporting for duty. Thank you so very much. To my friend, the Ranking Member, thank you for playing that video a few minutes ago. I want to associate myself totally not with your comments, but I wanted to associate myself with the content of the video. You touted the benefit of the Voting Rights Act in your remarks, but you must understand that the Voting Rights Act is not fully enforceable now. It has been wounded, and your party refuses to fix it. But I just wanted to set the record straight that I, for one, associate myself with the video. Thank you, Madam Chair, for taking a moment to recognize this important day in American history. I recall this day 57 years ago; oh, do I recall it so very well. I was 16 years of age, and my dad rounded up my best friend and me and put us in the car and drove us to Washington, D.C., through the night. I remember it so well. And thank you for making reference to that. Like many Americans, I have been watching the political conventions over the last 2 weeks, the Democratic convention last week and the Republican convention this week. And during each one of these conventions, many of the speakers said that this was the most consequential election of our lifetime. And they are so right. This election will determine--it well determine whether we will have a democracy, and it will determine, quite frankly, whether we have a President that follows the rule of law. I was very, very disappointed last evening to see President Trump use the precious real estate of the White House as a political backdrop for his reelection. Not only was it inappropriate to have this event at the White House, but it violated the Hatch Act and it violated CDC guidelines for protecting the public health. And, you know, I was reading this morning, it was reported that some of the delegates at the Charlotte convention now have COVID. And let's pray that those attending last night will not find themselves or their neighbors affected by the virus. But this hearing is important. It is incredibly important. As Ms. Gupta said early on in her opening remarks, we must have a safe, fair, and accessible election. So let me just ask one or two questions of Ms. Gupta, and then I will yield back. But, Ms. Gupta, I remember when you were at the Department of Justice, and thank you for your years of service, and wish you were back at the Department of Justice. And I will just leave it there. Thank you so very much. Ms. Gupta, at the recent Senate and House hearings on operational changes at the Postal Service, the Postmaster noted several times that the sorting machines that were removed from the post offices were not needed, and he refused to agree to their reinstatement. He also refused to make the commitment that election mail will be treated as first-class mail, although this is an accepted practice. Ms. Gupta, what is the potential impact of the Postal Service removing sorting and mailbox equipment and not treating election mail as first-class mail for voters during the upcoming election? Ms. Gupta. Thank you, sir, for the question. Six-hundred-and-seventy-one mail sorting machines were removed from 49 States in the last few months under Postmaster General DeJoy's leadership. And every sorting machine actually has the ability to process about 30,000 pieces of mail per hour. And so the refusal to restore them really gets to some of the functionality of a system that Americans rely on and are going to rely on now more than ever amid a pandemic, where surges of Americans will be voting by mail to protect our public health. And so there is a lot of concern that if the decommissioned machines and mailboxes are not restored that it could really undermine or slow down the system for voting by mail. It also has the potential to confuse voters, to add to disinformation. And so this is why there has been such an urgency to get these post mailboxes restored. You know, voters need to have confidence in the vote. There is also--there are the policy changes, and then there is the confidence that voters need. And amid so much disinformation, voters need to feel like the U.S. Postal Service is going to be a reliable service to vote by mail. On the first-class-mail piece of this, it is really critical that vote-by-mail ballots are treated as first-class mail and have expedited priority. First-class mail moves significantly faster than marketing mail. And in the past years, it has been a courtesy that USPS has often treated election mail as first-class mail. And so it is critical that Postmaster General DeJoy issue a formal policy. He gave some verbal commitment to treating some mail-in ballots this way, but there is a need to formalize this policy, which is why the bill that the House passed this past weekend really needs become law so that---- Mr. Butterfield. Thank you. Ms. Gupta [continuing]. Voters can have the confidence that this will be the case nationwide. Mr. Butterfield. Thank you. Thank you very much. I yield back. The Chairperson. Thank you so much. The gentleman yields back. I would now like to recognize the gentlelady from Ohio, the chairperson of our Elections Subcommittee, Congresswoman Fudge. Ms. Fudge. Thank you very much, Madam Chair. I appreciate it. I really don't have any questions, but I would just tell you, I listened to the Ranking Member, who was so typically misleading. The bill that we put in the HEROES Act does not require, does not request universal vote-by-mail. And he knows it. What it does is give people options so that they can be safe when they decide to go out and vote. He knows that. I don't know why he continues to say it. We have a President that votes by mail and then tells the American people that they should not. It is no wonder to me that we have destroyed the confidence in every single institution in this country. People have lost faith in government. They don't believe in the President, the Senate, the House, nothing. Now we can't even believe in the Postal Service, a place where my uncle worked for 42 years. I have two postmasters in my family, and they are appalled by what they are seeing today. The post office was a place where, when we came out of school, back when my uncle was coming out of college, you couldn't get a job anyplace else, so they carried the mail. He carried mail for 42 years. And it takes DeJoy and this group to destroy it. It is just amazing to me that we talk about wanting to believe in the Constitution, that everybody has a right to vote, but day after day they put up roadblock after roadblock. It is just lip service. They really don't want everybody to vote, because if they did, they would try to make it easier and not harder. He asked someone about their purging or their voter rolls. The last purge we had--and to the credit of my Republican Secretary of State, he reached out to places like the NAACP, the Urban League, churches, et cetera. He found 50,000 people in one week that should never have been purged--in one week. So we know that what they do is not perfect. And today--and I hope Mr. Davis reads this--today, our Secretary of State published a list of 116,000 people who are going to be purged after the November election to make sure that they have an opportunity to save their registration. That is what we ought to be doing, instead of trying to tear down everything that is good in this country, which is what they want to do, because they figure, if we make it difficult and we just let people stay at home, they won't vote and we will win. You know, he keeps talking about bipartisanship. There is no bipartisanship with these people. You know, it just gets to be, you know, always talking about things like fraud. The only fraud is that they want people to believe that they care about our vote. They don't. It is just disheartening to me that, at this time when people are dealing with so much, when they have lost their jobs, when they can't get their unemployment insurance, when their kids are hungry and they don't know if they can go to school, that we are playing these games instead of making it easy for people to go to the polls. And now people are wondering, if they go to the polls, if they vote by mail, if their vote will even count. I mean, I don't know any handwriting experts that work at these boards of elections. My signature is different now than it was at 18 when I first registered to vote. It is not going to be an exact match. And so they play all of these games. So, Madam Chair, I really don't have any questions. I just want to say, let's stop the charade. Just admit you don't want people to vote, just admit that you don't care, and it will be better, because at least people will know how honest you are. I yield back. The Chairperson. The gentlelady yields back. The gentleman from California, Mr. Aguilar, is now recognized for five minutes. Mr. Aguilar. Thank you, Chair Lofgren. And I share the frustration that my colleague, Chair Fudge, had with some of the statements that we have heard. Secretary Padilla, on election night, Americans are used to hearing about projected winners, especially on the night of the election. But what some voters may not know are that those projections are based off of unofficial results that often take time to line up with the eventual certified results. And certifying results takes time in each jurisdiction, and each State sets requirements for that. Can you discuss the process for canvassing and certifying an election in California and why in some cases it takes more time to ensure that the official results are accurate? Mr. Padilla. Certainly. And I appreciate the question because it is important for us to set the expectations now, both with the press and with the public, of what election night may be like. I think California has developed a reputation for taking a little while to finish counting ballots and certifying results, but it is all for a good reason. In California, we are unique, just the size of our electorate. You know, we are approaching 21 million voters on the rolls. So the sheer volume takes longer than in many other States with much smaller populations. But some of the policies that we have in place, starting with vote-by-mail--you know, I mentioned in my testimony that we have extended now the postmark-plus-3 policy to postmark- plus-17 for purposes of this November. So, come election day, we won't even have all the ballots in hand to finish counting. It is going to take days, if not weeks, depending on the health of the Postal Service, for ballots to arrive in county elections offices. When the polls close at 8 o'clock in California, we start hearing some numbers. Those are votes that came in early enough to county elections offices so they can be prepared and processed and ready to be counted, and we start providing preliminary results. The overall experience is that we have a decent sense of the outcome of most contests on election night, but for close contests and for final results, it does take weeks. Because in that canvass period that you reference, Congressman, we have the signature verification process that is happening. California is one of the States that offers same-day registration opportunity, where we have to process the registration before we count the ballots. If there is a need for a voter to cast a provisional ballot because of some issue when they tried to vote in person that is a manual process that also takes a few minutes. We go through these lengths to preserve both the integrity of the election and the right to vote for every eligible citizen. And let's not forget the required post-election audits that are required of every county after every election. In California, counties have a month after the election to certify their results, and then my office takes another week to certify statewide results. The issue for this November is with so many other States ramping up vote-by-mail significantly, possibly for the first time. You know, think Michigan and Pennsylvania and Ohio, Arizona, and others. If the Presidential contest is too close to call on election night in enough key States, we may not know the final outcome for at least a few days. And our worry, going back to the disinformation that I spoke of during my testimony, is we are going to be hearing, you know, a lot of conspiracy theories and lies during that timeframe that threaten to undermine confidence in our elections. The public and the press need to understand this is simply the process at work. It is maintaining the integrity of the process. And it is better to be patient. We want to get the vote count right, not rush to get it fast. Mr. Aguilar. Yeah. And it is important to set those expectations now, and I appreciate it. For the life of me, I just can't understand why the Ranking Member spends so much time devoted to California elections laws and spreading his own misinformation about our processes. Maybe he wants to move to California. You know, that is something that is available to him as a private citizen in the future. On August 20--and this will go to Secretary of State Padilla and Director Wise--the President mentioned that he might send sheriffs, law enforcement, and attorneys general to in-person voting locations. Days later, the Acting Secretary of Homeland Security, Chad Wolf, stated that his department lacks the authority to police polling stations. Can you explain how the use of law enforcement at in-person voting locations could affect turnout, as well as other issues and concerns you see with this possible course of action, Secretary of State Padilla and then Director Wise? Mr. Padilla. Sure. And I will try to be brief. Look, even before I get to the law enforcement question, President Trump has been publicly honest about why he is trying to undermine the Postal Service and vote-by-mail: He is trying to stop vote-by-mail. More recently, he has threatened to send law enforcement officials to monitor polling locations. By the way, both of those actions violate California law. So I want to make that absolutely clear. But if you look at attacks on vote-by-mail, he is trying to make vote-by-mail harder, forcing people to vote in person; now the presence of law enforcement, which is against the law, would only serve to intimidate people trying to vote in person. Put those two together, it is nothing but a recipe to try to suppress the vote, plain and simple. The Chairperson. The gentleman's time has expired, but, Ms. Wise, if you could very briefly respond. And then I will go to my five minutes. Ms. Wise. You know, we have political party observers for both parties at our drop boxes as well as where we are processing ballots on hand. There is no need to have additional observation, if that is what is needed. We don't need any more people there at the drop boxes and vote centers. As we really try to service our voters, our voters in Washington State can also register all the way up to an election day. So we have the security that we need on site, and we are prepared to handle our voters. And anything else to that would really cause intimidation, concern for election administrators as a civil servant and to our voters. The Chairperson. Thank you very much. I---- Mr. Davis of Illinois. Madam Chair? I didn't want to interrupt the witnesses, but I have a couple points of order to raise. The Chairperson. I am sorry? Mr. Davis of Illinois. I didn't want to interrupt the witnesses, but I have a couple points of order to raise. First off, I notice that some of our colleagues are not following the rules you laid out to stay on video and keep their video open. So I would appreciate that reminder going out again. These are the videoconferencing rules that were passed and put into place. The second point of order, I would go back to the partisan performance of my colleague, Ms. Fudge, who mentioned that I want to allow people not--clearly, my opening statement stated I want to stop disenfranchisement, the unfair attacks---- The Chairperson. Mr. Davis---- Mr. Davis of Illinois [continuing]. People of color---- The Chairperson. Mr. Davis, that is not a point of order. But you will have---- Mr. Davis of Illinois [continuing]. And the partisanship is coming from---- The Chairperson. You will have an opportunity to make an additional statement when it is your turn. The chair now recognizes myself for my five minutes of questions, and you will be heard after that, Mr. Davis. I promised, Mr. Padilla, to go back to you to let you finish the explanation of how sending ballots to every registered voter is secure. If you could briefly finish addressing that issue, I would appreciate it. Mr. Padilla. Sure. I think I was in the middle of talking about some of the list maintenance that every county elections office does to maintain the accuracy of the rolls as best as possible--you know, cross-referencing with coroners records, for example, to remove deceased individuals from the voter rolls. In California, individuals in State prison or on parole for a felony conviction lose the ability to vote until their time served is done, and so they cross-reference with our Department of Corrections and Rehabilitation to search for names as well. You know, here is a bright spot in automatic voter registration in California. Since the launch of the program, yes, more than two million previously eligible but unregistered Californians now added to the rolls. Another roughly five million individuals that have previously registered were able to update their registration, again, leading to more accurate rolls. And maybe close to five million individuals that were afforded the opportunity to update, confirm their record is accurate. And that is just the transactions through the DMV. So a great chunk of our current electorate that has recently updated or confirmed the accuracy of their information. We talked about the ballot tracking tool earlier. We have another tool online for voters to verify their registration status. That is also a core element to our voter outreach campaign between now and election day, encouraging people to go online and verify their registration, including their address, so that, before county elections officials mail those ballots out, we know we are sending them to the current address. And, in the interest of time, I will just acknowledge, prior in the conversation, I mentioned some of the various safeguards to confirm the integrity of those vote-by-mail ballots when they come in--signature verification, et cetera. The Chairperson. Thank you very much. Ms. Wise, would you address how Washington makes sure that there is security in these mailed-in ballots? Ms. Wise. Washington State also does signature verification of each of our voters. I can attest, myself, I have been challenged twice for my signature changing over the years. And so, if a signature starts to change, we are proactive in reaching out to those voters. But in vote-by-mail, that is how you ensure that the voter voted their ballot and no one else did. But as Secretary Padilla already said, we do a lot of list maintenance here in Washington State, between doing felony checks with courts or Social Security Administration or Public Health, we are constantly scrubbing those voter rolls to make sure that they are up to date and that they are accurate. We are mailing ballots out in Washington State to all of our voters at least twice a year, which also keeps our voter rolls up to date and accurate. These are secure elections that we have been doing, again, for over a decade in Washington State. The Chairperson. Thank you very much. I would just like to talk again about how long it takes. In 2018, Speaker Ryan was complaining about how long it took for the vote to be counted in California. Now, obviously, if we are accepting ballots that were postmarked on election day or prior for 17 days after the election, we are not even going to have all the ballots in hand on election day. What percentage do we think, Secretary Padilla, will be votes by mail? And I have to note that both parties have observers at all of the registrar of voters' offices, and not a single complaint was filed in 2018. No complaint was filed, because there was no problem, even though people were complaining here in Washington. Can you address that issue? What percentage of the votes will not even be in hand on election day? Mr. Padilla. So, I mean, it is tough to really ballpark, but it wouldn't be surprising if half the ballots or half the votes weren't in hand when the polls close on election night because of the volume that comes in by mail so close to election day. You know, I mentioned one marker during my testimony, that, for the March primary, 72 percent of ballots cast were vote-by- mail ballots, the majority of those coming in by mail, a significant chunk also coming in through drop boxes, and a growing number of people who choose to receive their ballot by mail, filling it out at home at their leisure, and then dropping them off in person. So I wouldn't be surprised if that 72-percent mark goes up to 80 percent, closer to 90 percent. The Chairperson. Okay. My time has expired, and so I will turn now to the Ranking Member for his five minutes on the second round. You are recognized, Mr. Davis. Mr. Davis of Illinois. Thank you, Madam Chair. I am glad the witnesses and the people watching on C-SPAN get to see why I always say at almost every hearing, the biggest threat to our election process and election security is partisanship. It is very disappointing. We had a couple of colleagues actually talk about being more partisan. I am the 13th most bipartisan Member of Congress, according to The Lugar Center. I will compare with almost all of my colleagues about how to work together. It is disappointing, though, that we also see--it is a lot of talk about accuracy when it comes to the election process and inaccuracy on this hearing from some of my colleagues. The HEROES Act clearly states that if there is an emergency declaration in order, that all voters on every registration roll would get a ballot mailed to them. That is the bill that was passed. That is what it says. I am not making things up. I am very disappointed that some my colleagues today have decided to actually be encouraged by the hateful rhetoric that we see in our political environment today. That is the partisanship that I am talking about. That is the type of rhetoric that allowed my friends to get shot on a baseball field--it is wrong--by somebody who was screaming ``healthcare'' while they were firing. And you talk about no fraud? We didn't seat an elected Member of Congress because of ballot-harvesting fraud in North Carolina's Ninth District. I just--it is like Groundhog Day, and every single hearing is the same thing, and it gets frustrating. And I am sorry to the witnesses, but, Mr. Palmer, I have a question for you. You know, we want to make sure that every lawful vote is counted this November and people can vote safely and securely. The EAC has put out, on a bipartisan basis, the suggested timeline for when States can move to vote-by-mail. Can you briefly explain why it takes a long time to move to vote-by- mail? And very briefly, please, because I have some more questions. Mr. Palmer. Sure. In our discussions, it is a significant transition, and most of the leaders [inaudible] universal vote- by-mail [inaudible] a significant absentee or permanent absentee, you know, category of individuals who are voting that way. Most of the States in the country, a majority at least, have less than 10-percent absentee vote--voters that vote by absentee. It takes time for voters to get used to voting by mail and being accustomed to the Postal Service transmission. That is why often the lockboxes become important. But I think that we found that, after COVID discussions, that we needed to prepare for increased absentee and mail voting, not necessarily wholesale transitions to all-vote-by-mail systems. Mr. Davis of Illinois. Thank you. Mr. Palmer. That would be---- Mr. Davis of Illinois. I have to move on, Don. I apologize. I want to get back to the question that I asked Secretary Padilla. You know, the Election Integrity Project found over 450,000 California registrants on your voter rolls are likely deceased or have moved out of State. Since you received this letter last April, can you tell us approximately how many of these 450,000-plus registrants you have removed that would get a ballot mailed to them if the provisions in the HEROES Act were implemented because we are in a national emergency? Mr. Padilla. So, again, I don't have precise numbers for you, but rest assured we are working with each and every county to perform the ongoing list maintenance. Several counties, including Los Angeles County, which was a big focus of that effort, has recently, for example, sent mailers to every active registered voter in an attempt to identify those that may no longer be at their address and to verify the address of those who are. And, ultimately, even if a ballot goes to somebody who might have moved, it doesn't mean that ballot is being cast. We have the security measures that I have articulated already that would prevent a fraudulent ballot from being cast by mail. Voter fraud is exceedingly, exceedingly rare, so the current safeguards are working. Mr. Davis of Illinois. Mr. Secretary, it was not rare enough to not seat a Member of Congress in one of our elections. Mr. Padilla. That was North Carolina, sir, not California. Mr. Davis of Illinois. I agree, but it is the same harvesting process. And we have to make sure they are---- Mr. Padilla. So let me address that, because you have brought it up a few times. So here---- Mr. Davis of Illinois. I have to move---- Mr. Padilla [continuing]. Is the law in California---- Mr. Davis of Illinois [continuing]. Almost out of time. And we just mentioned earlier, unfortunately, that the NVRA is not being followed. That is the law too, sir. That is why I question California so much, because there are too many questions about what laws you want to follow and what laws you actually do. That is a process that we can--I certainly would have liked to have met with you during the NASS conferences we requested. We did not get a response from your team. I offer again, I would love to sit down with you on an extended basis to have a meeting and talk about these issues, because 10 minutes in a partisan hearing clearly is not enough for me to get the answers and for you to actually get the answers out of me that you would like. So thank you, sir. I appreciate everybody's time today. Disappointed in the rhetoric once again. But I look forward to working with our witnesses in the future. The Chairperson. The gentleman's time has expired. The gentleman from Maryland, Mr. Raskin, is now recognized for five minutes. Mr. Raskin. Chair, thank you very much. Well, I suppose, then, the disappointment is mutual on our two sides about the rhetoric. My friend Mr. Davis says that the biggest threat to elections is partisanship. But, you know, I started to think about that, because, of course, partisanship is a reflection of a free society. Under the First Amendment, people can form political parties, and then we have partisan competition. That alternative to that is a one-party state, a dictatorship, an authoritarian state, you know, some kind of strongman, Putin in Russia or Orban in Hungary or any of the other friends of Donald Trump around the world. I guess a one- party state would get rid of the problem of partisanship. The problem is partisanship invading the electoral system. So that is like, you know, Katherine Harris in Florida in 2000, when she was both the chair of the Bush campaign and also the head of the elections. That is certainly something we have to deal with through the system of federalism, where the States have moved away from partisan brawlers running elections and, instead, trying to move towards independent, nonpartisan administration of our elections. But, of course, the leading partisan in this electoral process is Donald Trump, who calls ballot drop boxes a voter security disaster, who said he wants to get rid of all the ballot harvesting in a tweet, and then we learned that he gave his ballot to a third party to go and mail. And then his incessant attack on the post office, where he opposed what we passed in the HEROES Act, and he said, on national TV, ``They want $25 billion for the post office. Now they need that money in order to make the post office work so it can take all of these millions and millions of ballots.'' It could not be clearer that that is partisan sabotage of our ability to have a free and fair election in the United States of America in 2020. I would like to ask some of our guests who have come from around the country: The partisanship is obvious, coming from Donald Trump and his sycophants, but isn't this also an attack on federalism? When he attacks what Washington State is doing in terms of its drop-off boxes or its direct mail-in voting, when they attack California or North Carolina or--any State where they think the people are going to vote against Donald Trump, they attack the electoral system. Isn't that a serious threat to federalism? And I would like to ask Ms. Wise and Secretary Padilla about that. Ms. Wise. I am a nonpartisan election official that has appreciated running elections in a nonpartisan way for our voters in Washington State and for King County. And I think that what I do know is that voters deeply appreciate the opportunity to vote by mail. One of the things that worries me is, if we talk about rejection rates, how do you account for how many people stopped waiting in line after six hours? I believe it is people's fundamental right to have their ballot wherever they want it. If that is by mail or if that is at a vote center, we need to provide an opportunity for our voters. So, as a nonpartisan election official who has dedicated half of my entire life to running elections, I am saddened to see us politicize administrative tasks like postal worker--my grandmother was also a postal worker--and election administration and to demonize election workers. We are civil servants, a lot of us nonpartisan, just trying to do the good work to make sure that our voters can have their voice heard. We fundamentally believe that democracy at its finest is when all voices are heard. And how you do that is you remove barriers, therefore increasing access. But I question, how many people do we lose when we make them stand in line, when they have to go to the right place out of 700 places? Mr. Raskin. Yeah, I appreciate that very much. And there are those who clearly want to blame the messenger if the election officials bring back a result that is untowards them. For the first time in American history, we have a President who is saying, I am not going to necessarily follow the results, and people are questioning whether he is actually going to leave office. I mean, this is a deranged situation that we are in. Secretary Padilla, what about you? Do you interpret this as an offense against federalism, to be questioning all the State election officials, the secretaries of State, about balloting processes that have evolved over the decades towards greater inclusion? Mr. Padilla. Look, I think it is both offensive and insulting, not just to State elections officials but to local elections officials across the country, like Ms. Wise, and the untold number of volunteers, people who sign up to work as poll workers to help administer our elections in person. In California, we believe in both election security and accessibility. It is not an either/or. And now we have to be worried about accessibility, security, and safety because of the COVID-19 pandemic. Voter enfranchisement is not voter fraud. You know, it has come up a couple times, so I want to talk about the options for how these ballots come back in. In California, we---- The Chairperson. The gentleman's time has expired, so I will give you an opportunity to talk about that when it is my turn. And the gentlelady from California is recognized for five minutes. Mrs. Davis of California. Thank you, Madam Chair. And, Madam Chair, before I ask a question, I just wanted to ask unanimous consent to enter into the record the Science Advances study dated August 26, 2020, by Michael Barber and John Holbein. The Chairperson. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis of California. Okay. And I ask unanimous consent to enter into the record the article from Politico dated August 26, ``Intel Officials Contradict Trump on Voting By Mail.'' The Chairperson. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis of California. Thank you very much. I wanted to ask Ms. McReynolds: Several excuse States-- those who require any number of excuses, as we know, from people, including whether or not you are pregnant, by the way-- have changed their rules to allow a one-time exemption, so the concern about COVID counts as an allowable reason to request an absentee ballot. And this, of course, is better than nothing but certainly no substitute for eliminating excuses entirely. Do you think those voters in those States are aware that they can now vote by mail by virtue of the fact that COVID is a concern and a fear that they might have? Do you think that they are aware? And how can we best educate them and make sure the excuse situations run smoothly? Have you actually seen whether there is a big attempt to do that in these excuse communities, in excuse States and counties? Ms. McReynolds. I appreciate the question. And I actually do--we have significant concerns about voter confusion in some of these States because of these changes and, frankly, because the States lack money to communicate and do voter outreach efforts to actually let voters know about that. Also, in, for instance, a State like Missouri, they have absentee voting, and there is one process for that, and that requires an excuse and some extra steps. And then they created a new process for what is called mail-in voting. And for mail- in voting, you cannot drop off your ballot in person, but if you apply for an absentee ballot, you can. And so the Secretary of State yesterday announced that they are actually not going to roll out the boxes that they have actually purchased. So they literally have ballot boxes in storage that Missouri is not going to roll out. So, yes, I am very concerned about confusion, especially in the States with excuses and age limitations, like Texas. If you are over 65, it is one process; if you are under 65, it is another. And I think that that is extremely confusing to voters. Mrs. Davis of California. And maybe I will ask all the participants on the panel here whether they think that no excuse is the better way to go or if they think that those States that continue to have people actually be intimidated, in many cases, and maybe even choose not to vote as a result, that that is okay as well. I just wonder if everybody would weigh in on that really quickly. Mr. Padilla. I do. There is no reason for no-excuse vote- by-mail to not be in effect nationally when the security measures show that it works. We maintain the integrity of the election, and we make it convenient and safe for voters. Mrs. Davis of California. Thank you. Ms. Gupta. I would say, Congresswoman, that, especially amid the global pandemic, it is more imperative now than ever that no-excuse absentee voting be made available in every State. And States that continue to erect barriers to this, it is hard to understand the rationale for it, given the experience without glitch in many other States that have been using this system for quite some time. Mrs. Davis of California. Thank you. Ms. McReynolds. And I would add, yes, at the very least, no-excuse should be available in every State. I, for one, came from a State where we had no-excuse and then we transitioned because of voters choosing this method of voting. I think that is a really important point here, is that this isn't politicians or people pushing this down people's throats. Voters themselves are opting in to vote this way across this country, and it is their choice. It is not anybody else's choice; it is the voters' choice. So I would take it a step further, based on my experience, that I think the models that, for instance, I was a part of creating in Colorado and then have happened elsewhere can take it to the next level. But, at least for right now, no-excuse is absolutely critical. Mrs. Davis of California. Thank you. Ms. Wise. Agreed, no-excuse across the country. Mrs. Davis of California. Uh-huh. And Mr. Palmer? The Chairperson. It looks like--Mr. Palmer, has your WiFi gone out? There you are. Mr. Palmer. Congresswoman Davis, can you hear me? Mrs. Davis of California. Yes I can. Thank you. Mr. Palmer. I looked like I got frozen. I think the majority of States are taking the no-excuse or excuse with COVID as the primary way to request a ballot. They see that as a secure method that they are comfortable with. And so you are going to see a lot of that in November. Mrs. Davis of California. Would you like to see no-excuse voting be more universal in our country? Mr. Palmer. I think I am very comfortable with no-excuse absentee or no-excuse mail. I think the primary reason, at least in the experience I had, was that that ability to request from the voter to an election official confirms the identity and address of the individual, and it gives a comfort level that a lot of legislatures and election officials are comfortable with across the country. Mrs. Davis of California. Thank you. The Chairperson. The gentlelady's time has expired. I would like to recognize the gentleman from North Carolina, Mr. Butterfield, for five minutes at this point. Mr. Butterfield. Thank you again to the chair for convening this hearing today. This is a very healthy discussion. I hope we have a lot of listeners and viewers, because this is a conversation that we must have. The Ranking Member was very vocal a few moments ago in talking about North Carolina, talking about the 2018 election in North Carolina Nine, and I am somewhat of an expert on that subject. The record should be clear, Madam Chair, the record should be absolutely clear that Congress didn't seat the so- called winner in that election. Why? Because the board of elections didn't certify the election. The board found substantial election fraud by Republican operatives. Republican operatives not only harvested ballots in that election but they destroyed the ballots. I remember it so very well. Investigators found that the Republican operatives had overseen a network of people who collected absentee ballots, which is a violation of our law, and then completed those ballots while they were working for Mark Harris, who was the Republican nominee in that district. And so I just want the record to be perfectly clear. To Secretary Padilla, thank you for your testimony today, and thank you for your patience with us. Nearly half of all registered uniformed and overseas voters hold their legal voting residence in California, Florida, and the State of Washington. Uniformed servicemembers continue to rely primarily on postal mail for their ballots, and the most common reason for ballot rejection in 2018 was that the completed ballot was received after the State's receipt deadline. The goal should be that every eligible voter has access to the ballot. That is what I think it should be. Every voter should have access to the ballot. How are you working to ensure uniformed and overseas voters have access to that ballot during the pandemic? What are your recommendations to uniformed and overseas voters on how best to vote in this election? Mr. Padilla. No, I appreciate the question. As you know, Federal law requires ballots for military and overseas voters to go out well in advance of even the rest of individuals who vote by mail domestically. So we are coming up on that deadline of what we call E-45, 45 days prior to the election, to provide ample time for the ballots to get to the voter who is overseas. I mentioned earlier that we are extending the postmark- plus-3 policy in California to postmark-plus-17, probably the most generous policy in the Nation, allowing ample time for the ballots to be returned. That may be something else to consider for an improved national standard, because members of our military come from every State in the Nation. Mr. Butterfield. Sure. Let me ask you this. If uniformed voters rely heavily on the postal mail to return their ballots, what impact does a delayed Postal Service have on the ability of men and women in uniform and their family members to return their ballots on time? Mr. Padilla. We are certainly hoping to properly support and fund the U.S. Postal Service so that members of the military, who are serving to defend our democracy and willing to pay the ultimate price for our democracy, can participate in our democracy and not be disenfranchised. An added tool: I have talked about our ballot tracking system, Where's my Ballot, in California. Of course, every member of the military registered to vote in California can and should subscribe to that to receive those alerts and confirmation messages when their ballot has been received and counted. Mr. Butterfield. Thank you very much. Madam Chair, I yield back. The Chairperson. The gentleman yields back. At this point, I would recognize for five minutes the gentlelady from Ohio, the chair of the Elections Subcommittee, Ms. Fudge. Ms. Fudge. Thank you very much again, Madam Chair. Let me just say that I think it is important that people vote the way that they are comfortable voting. If they feel comfortable voting from home, they should be allowed to do it. And they should be allowed to do it without having to have a notary or two adult witnesses or some other foolishness that we have in these States. Voting is sacred. You talked about John Lewis when you first started. It is sacred. It is constitutional. And I think that we need to treat it that way. And so those who want to vote from home should be able to; those who want to vote in person should be able to. What we have done in our legislation is to say that, if things are so dangerous and you cannot vote in person, we want to give you this alternative, and we don't want to make it difficult for you. We don't want to put any more impediments in your way than we need to. Let me just ask each of you, since you all have fortunately dealt with this for some time, and, you know, people, like my secretary of State, are hoping for more resources. Because they are saying, well, we could make this easier if we could put postage-paid envelopes, because people will send them back, but we don't have the money to do that. Some of the smaller States are saying, we need resources for new equipment, because we cannot physically put all of these pieces of papers into a machine at the kind of speed we need to do it. So tell me, what do you think that it would take to really get all of our States up to speed resource-wise? You may not have an exact number, but for those who have not been doing this for a long time, what do you think it is they will need to be able to do this well? And anyone that wants to answer, please feel free to. Mr. Padilla. Well, I will go first, if that is okay. First of all, the House of Representatives has already taken a significant step in passing the HEROES Act, right? It was about $3.6 billion for election modernization and administration. I reference in my testimony the recent modest appropriations through the CARES Act and the remaining HAVA funds. Those are helpful but nowhere near enough. And to really put it in context, the last significant Federal investment in election modernization and security was after the Florida 2000 election debacle. Congress did more in response to butterfly ballots and hanging chads than we have done in funding or policy in response to documented Russian interference in the 2016 election or in preparation for the November 2020 election in the era of COVID. So additional funding and consistent support for elections. Ms. Fudge. Thank you. Anyone else? Ms. McReynolds. Yes, I would add a couple of things. And our organization is working with States on this very topic. We have, for instance, an operational toolkit that helps them figure out what quantity of mail ballots they are going have and then the staff they need. So there is still a limited window to implement things like ballot tracking and also, for instance, drive-up ballot drop- off and things like that, and then certainly to plan adequate staffing. So, you know, we want folks to utilize the tools that have been created by nonprofit organizations like mine to help support election offices. And there are other experts and officials that are also working this very topic. So those things are all happening. Those are going to continue to happen. And, at this point, it is really late to order significant equipment, because there is just not a way to get that in. What we do want to make sure is that the applications get processed, the ballots get processed, and that States can process things and have timely results. The one flag I would finally say is that, in States like Michigan, Pennsylvania, Wisconsin, Minnesota, Maryland, they all have policy problems on the books in our State laws that prevent election officials from processing ballots prior to election day. And that is what creates delays. And so those State legislative bodies need to act--and they can still do so now--to enable election officials the ability and the time they need to actually process ballots. Ms. Fudge. Thank you. That is something we can do before this election, even if we can't get the equipment. Ms. Gupta. Congresswoman, if I could also add to that? Can you hear me? Ms. Fudge. Yes. Please. Ms. Gupta. Okay. Just, there still is time for States to spend on prepaid postage, to your point that you were making earlier. And there is also a necessity, as folks have recognized, to increase in having younger poll workers. Poll workers typically are retirees. We need to make sure that there are enough poll workers. And we are doing a lot of poll-worker recruitment at the moment, but they need training, they need PPE, and all of that costs money. Those are resources that, if Congress can support, we can make sure that there are--and the NGO community and others are working to do this--that there are adequate numbers of poll workers that will reduce the need to shut down polling places so that we can avoid the kinds of images that we saw in Wisconsin. But all of this costs money. But this is still--there still is very much a window to get this done with additional resources around the country. Ms. Fudge. Thank you. The Chairperson. Thank you very much. The gentlelady's time has expired. And, unfortunately, Mr. Aguilar had to leave, so I will recognize myself for my five minutes of questions. I am going return to you, Mr. Padilla, because I cut you off. The five minutes was up. And you were going to explain the California procedures where voters get to decide who to give their ballot to if they don't want to put it in the mail. Can you talk about that? Mr. Padilla. So I think the more appropriate term here is, you know, what the policy may or may not be on ballot collection. And so let's put this in context. So California voters were--every active registered voter will receive a ballot in the mail, by the California schedule, early October, 29 days prior to the election. That is the last day for counties to send ballots out. Voters then have options for how to return the ballot. The easiest is by mail. California is one of the States that covers the return postage so voters don't have to look for stamps in their drawer in the kitchen. If people don't feel comfortable with the Postal Service because of what has been in the news, they can deliver their ballot to any secure ballot drop box that is convenient to them in the several weeks leading up to the election. Voters also have the option of dropping the ballot off in person, if that is their choice, at any voting location in their county over the course of the several days that in-person voting is being offered. And after all that, if--you know, life happens. If you have a sick child or some sort of emergency and you can't get your ballot back personally, California law empowers voters to decide for themselves who they trust to return their ballot for them. It used to be limited to immediate family members in the same household, but I don't know about you, but I trust my neighbor. You know, if we were tied up, I would confidently hand my ballot to my neighbor to return for me, if that is what I felt comfortable doing. So that is really what the California law is: multiple options, and voters decide how they choose to return their ballot or who they trust to return their ballot for them if that is their choice. The Chairperson. So I think it is important, all of us who are watching the North Carolina debacle--and that was, North Carolina does not permit voters to decide that they want their neighbor to take the ballot in. But there was a conspiracy, really, by political operatives who violated the law. They put in false applications for absentee ballots. They destroyed ballots. I mean--and they committed crimes, and they were prosecuted and convicted of those crimes. I would like to ask this. In California, have there been any convictions or arrests for misconduct relative to ballots being handed to somebody other than the postman? Mr. Padilla. Well, we have no documented cases from a March 2020 primary, but I would also suggest that it is one of the tremendous values added of our ballot tracking system. Voters will have those alerts, including confirmation of when their ballot is received and counted. So more transparency and more spotlight on the process is good for election integrity and public confidence. The Chairperson. So, again, I would like to say that, in the 2018 election, both parties had observers, and they were there election day, and they were there after election day, looking at everything. And there were no complaints filed. You know, there were complaints in North Carolina because a crime was committed. But not a single election was subject to the very partisan people who were there cheering on their side-- there was no misconduct. So I just think it is important to clear the record on that point. I would just like to ask this of the election officials here. It is possible to have your vote disqualified if your signature is off or you don't sign. What steps and what education efforts should we make so that all the voters who are using a vote-by-mail system have a better chance of their vote actually being counted? Mr. Padilla, you want to start? Mr. Padilla. Sure. Well, for purposes of this upcoming election, California voters should know that if they are voting by mail, that signature on the envelope is required. California law requires counties to contact the voter if there is any issue with that signature--if there is a missing signature or there is a signature mismatch--affording that voter an opportunity to correct whatever the issue may be so that their ballot can be counted and their voice heard in the process. Of course, if it wasn't that voter returning that ballot, then there is another issue, maybe, to look into. In preparation for November, to try to avoid these issues, a public information campaign reminding people to sign the back of the envelope; a public information campaign to sign up for the ballot tracking tools; public education campaign to verify the status of their voter registration. And, by the way, when a California voter checks their voter registration status part of the information on that record is the determination of their votes in prior elections. If they voted provisionally or they voted by mail, confirmation that those ballots were received and counted, and if not, why not. So there would be a flag if there was a signature issue from a prior election. So a lot of wraparound assurances that the ballot will be counted, but opportunities for voters to address any issues that they have. The Chairperson. My time has expired, and I am going to call time for me to be fair. And, really, we have each had a chance to ask two sets of questions. So I would like to ask unanimous consent that all members have five legislative days to revise and extend their remarks and that written statements be made part of the record and, also, that additional questions may be sent to each of the witnesses. And if that occurs, we would ask, if possible, for you to promptly answer those questions. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. I also ask unanimous consent to enter into the record the following materials: ``Considerations for Modifying the Scale of In-Person Voting'' by the Election Infrastructure Government Coordinating Council, as provided on the Election Assistance Commission's website; ``Considerations for Election Polling Locations and Voters''' by the Centers for Disease Control; ``Guidelines for Healthy In-Person Voting'' by the Brennan Center; ``Ballot Drop Box Guidance'' created by the Cybersecurity and Infrastructure Security Agency. And, without objection, those items are made part of the record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Madam Chair, I forgot to ask, may I ask unanimous consent to submit a letter from Louisiana Secretary of State Kyle Ardoin for the record? The Chairperson. Of course. Without objection, that is part of the record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chair. The Chairperson. Seeing no further business before us, let me thank each of the witnesses for taking the time to be with us today. Your testimony was enlightening, and it is very much appreciated. And if there is nothing further, without objection we will adjourn this hearing, with many thanks to all of you and all of the Members. [Whereupon, at 3:07 p.m., the Committee was adjourned.]