How The Senate Screwed Blacks and Civil Rights On Jan 6, 2001

[Q]

- This is one of the most shameful days in Democratic history. The Congressional Black Caucus objected to the certification of Florida's electoral votes on that day because of "overwhelming evidence of official misconduct, deliberate fraud, and an attempt to suppress voter turnout."

- All they needed was ONE Senator to stand up with them. Just one. If ONE Democratic Senator had signed on to the objection...the Florida certification would have been open to appeal, debate and investigation.

- What happened on that day will go down in history as the day Democracy died in America.

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COUNTING ELECTORAL VOTES--JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE PROVISIONS OF SENATE CONCURRENT RESOLUTION 1 -- (House of Representatives - January 06, 2001)

   The VICE PRESIDENT. The Chair now hands to the tellers the certificate of the electors for President and Vice President of the State of Florida, and they will read the certificate and will count and make a list of the votes cast by that State.

   Mr. FATTAH (one of the tellers). This is the one we have all been waiting for.

   We, the undersigned duly elected and serving Electors for President and Vice-President hereby certify that we have this day met in the Executive Offices of the Capitol at Tallahassee, Florida, and cast our votes for President of the United States and our votes for Vice-President of the United States, and that the results are as follows: Those receiving votes for President of the United States and the number of such votes were: George W. Bush, 25. Those receiving votes for Vice-President of the United States and the number of such votes were: Dick Cheney, 25. Done at Tallahassee, the Capitol, this 18th day of December, A.D., 2000.



   The VICE PRESIDENT. Is there objection?

   Mr. HASTINGS of Florida. Mr. President, I object to the certificate from Florida.

   The VICE PRESIDENT. The gentleman from Florida (Mr. HASTINGS ) will present his objection. Is the gentleman's objection in writing and signed by a Member of the House of Representatives and by a Senator?

   Mr. HASTINGS of Florida. Mr. President, and I take great pride in calling you that, I must object because of the overwhelming evidence of official misconduct, deliberate fraud, and an attempt to suppress voter turnout.

   The VICE PRESIDENT. The Chair must remind Members that under section 18, title 3, United States Code, no debate is allowed in the joint session.

   Mr. HASTINGS of Florida. Thank you, Mr. President. To answer your question, Mr. President, the objection is in writing, signed by a number of Members of the House of Representatives, but not by a Member of the Senate.

   Thank you, Mr. President.

   The VICE PRESIDENT. The Chair thanks the gentleman from Florida for his courtesy. Since the present objection lacks the signature of a Senator, accordingly, the objection may not be received.

   Are there other objections?

   Mrs. MEEK of Florida. Mr. President, I have an objection.

   The VICE PRESIDENT. For what purpose does the gentlewoman from Florida (Mrs. MEEK ) rise?

   Mrs. MEEK of Florida. Mr. President, I have an objection.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House and by a Senator?

   Mrs. MEEK of Florida. Mr. President, it is in writing and signed by myself and several of my constituents from Florida. A Senator is needed, but missing.

   The VICE PRESIDENT. On the basis previously stated, the objection may not be received. The Chair thanks the gentlewoman from Florida for her courtesy.

   For what purpose does the gentlewoman from Florida, Ms. BROWN , rise?

   Ms. BROWN of Florida. Mr. President, I stand for the purpose of objecting to the counting of the vote from the State of Florida as read.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House of Representatives and a Senator?

   Ms. BROWN of Florida. Mr. President, it is in writing and signed by several House colleagues on behalf of, and myself, the 27,000 voters of Duval County, of which 16,000 of them are African Americans that were disenfranchised in this last election.

   The VICE PRESIDENT. The gentlewoman will suspend. The part of the question that the Chair will put again is, is the objection signed by a Member of the Senate?

   Ms. BROWN of Florida. It is not signed by a Member of the Senate. The Senate is missing.

   The VICE PRESIDENT. The Chair thanks the gentlewoman. The objection, on the basis previously stated, may not be received.

   For what purpose does the gentlewoman from Texas (Ms. EDDIE BERNICE JOHNSON ) rise?

   Ms. EDDIE BERNICE JOHNSON of Texas. Mr. President, I rise on behalf of the Congressional Black Caucus to object to the 25 electoral votes from Florida.

   The VICE PRESIDENT. Does the gentlewoman state an objection, and is it in writing and signed by a Member of the House of Representatives and a Senator?

   Ms. EDDIE BERNICE JOHNSON of Texas. It is in writing, signed by a number of Members of Congress, and because we received hundreds of thousands of telegrams and e-mails and telephone calls, but we do not have a Senator.

   The VICE PRESIDENT. Is the objection signed by a Senator?

   Ms. EDDIE BERNICE JOHNSON of Texas. It is not signed by a Senator, Mr. President.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from Texas. On the previous basis stated, the objection may not be received.

   For what purpose does the gentleman from Maryland (Mr. CUMMINGS ) rise?

   Mr. CUMMINGS. I have an objection.

   The VICE PRESIDENT. The gentleman will state his objection. Is the objection in writing and signed by a Member of the House and a Senator?

   Mr. CUMMINGS. Mr. President, it is in writing and signed by myself on behalf of the many disenfranchised people in the State of Florida, and it is signed along with many of my other colleagues from the House.

   The VICE PRESIDENT. Is it signed by a Senator?

   Mr. CUMMINGS. No, it is not.

   The VICE PRESIDENT. The Chair thanks the gentleman from Maryland. On the basis previously stated, the objection may not be received.

   Mr. CUMMINGS. Thank you very much, Mr. President.

   The VICE PRESIDENT. For what purpose does the gentlewoman from Texas (Ms. JACKSON-LEE ) rise?

   Ms. JACKSON-LEE of Texas. Mr. President, I have an objection.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House of Representatives and a Senator?

   Ms. JACKSON-LEE of Texas. Mr. President, thank you for your inquiry. It is in writing, it is signed by myself on behalf of my diverse constituents and the millions of Americans who have been disenfranchised by Florida's inaccurate vote count, along with my House colleagues, Mr. President.

   The VICE PRESIDENT. Is the objection signed by a Senator?

   Ms. JACKSON-LEE of Texas. Mr. President, I do not have a Senator who has signed this objection.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from Texas. On the basis previously stated, the objection may not be received.


   Ms. JACKSON-LEE of Texas. Thank you, Mr. President.

   The VICE PRESIDENT. For what purpose does the gentlewoman from California (Ms. WATERS ) rise?

   Ms. WATERS. Mr. Vice President, I rise to object to the fraudulent 25 Florida electorial votes.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House and a Senator?

   Ms. WATERS. The objection is in writing, and I do not care that it is not signed by a Member of the Senate.

   The VICE PRESIDENT. The Chair will advise that the rules do care, and the signature of a Senator is required. The Chair will again put that part of the question: Is the objection signed by a Senator?

   Ms. WATERS. Mr. Vice President, there are gross violations of the Voting Rights Act from Florida, and I object; and it is not signed by a Senator.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from California. On the basis previously stated, the objection may not be received.

   For what purpose does the gentlewoman from California (Ms. LEE ) rise?

   Ms. LEE. Mr. President, I have an objection.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House of Representatives and a Senator?

   Ms. LEE. Mr. President, it is in writing and signed by myself on behalf of many of the diverse constituents in our country, especially those in the Ninth Congressional District and all American voters who recognize that the Supreme Court, not the people of the United States, decided this election.

   The VICE PRESIDENT. Is the objection signed by a Senator?

   Ms. LEE. Unfortunately, Mr. President, it is not signed by one single Senator.

   The VICE PRESIDENT. On the basis previously stated, the objection may not be received. The Chair thanks the gentlewoman from California.

   For what purpose does the gentlewoman from Georgia (Ms. MCKINNEY ) rise?

   Ms. McKINNEY. Mr. President, I have an objection at the desk to Florida's 25 electoral votes.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House of Representatives and a Senator?

   Ms. McKINNEY. Mr. President, it is in writing and it is signed by my Congressional Black Caucus colleagues, my House colleagues and myself; but it is not signed by one single Senator.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from Georgia. On the basis previously stated, the objection may not be received.

   For what purpose does the gentlewoman from Hawaii (Mrs. MINK ) rise?

   Mrs. MINK of Hawaii. Mr. President, I want to voice my objection.

   The VICE PRESIDENT. Is the objection in writing and signed by a Member of the House of Representatives and a Senator?

   Mrs. MINK of Hawaii. Mr. President, it is in writing, and I have signed it on behalf of not only myself and other colleagues of the House but my constituents. Unfortunately, I have no authority over the United States Senate and no Senator has signed.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from Hawaii. On the basis previously stated, the objection may not be received.

   For what purpose does the gentlewoman from North Carolina (Mrs. CLAYTON ) rise?

   Mrs. CLAYTON. Mr. President, I rise in objection to the Florida electoral votes, and I rise to object to the process that, indeed, that voters do count, the essence of democracy demands that we speak to it.

   The VICE PRESIDENT. Is the objection in writing and is it signed by a Member of the House of Representatives and a Senator?

   Mrs. CLAYTON. Mr. President, it is in writing and it is signed by more than 10 of my Members in the House.

   The VICE PRESIDENT. Is the objection signed by a Senator?

   Mrs. CLAYTON. Unfortunately, it is not.

   The VICE PRESIDENT. On the basis previously stated, the objection may not be received. The Chair thanks the gentlewoman from North Carolina.

   Are there any other objections?

   For what purpose does the gentlewoman from Georgia (Ms. MCKINNEY ) rise?

   Ms. McKINNEY. Mr. President, I object to Florida's electors, and in view of the fact that debate is not permitted in joint session and pursuant to title 3, I move that the House withdraw from the joint session in order to allow consideration of the facts surrounding the slate of electors from Florida.

   The VICE PRESIDENT. The Chair will remind the Members of the joint session that even though a Member's motion may affect only one House, the statutory principle of bicameral signatures must, nevertheless, be applied. The gentlewoman will suspend.

   Reading sections 15 through 18 of title 3, United States Code, as a coherent whole, the Chair holds that no procedural question is to be recognized by the presiding officer in the joint session unless presented in writing and signed by both a Representative and a Senator.

   Is the gentlewoman's motion in writing and signed by a Member and a Senator?

   Ms. McKINNEY. Mr. President, the motion is in writing, it is at the desk, and because it involves the prerogatives of the House, therefore Senate assent is not required.

   The VICE PRESIDENT. The Chair will advise the gentlewoman respectfully that reading sections 15 through 18 of title 3, U.S. Code, as a whole, the Chair holds that no procedural question, even if involving only one House of Congress, is to be recognized by the presiding officer in the joint session, unless presented in writing and signed by both a Representative and a Senator.

   Because the gentlewoman's motion is not signed by a Senator, on the basis previously stated, the motion may not be received. The Chair thanks the gentlewoman from Georgia.

   For what purpose does the gentleman from California rise?

   Mr. FILNER. I have an objection to the electoral votes from Florida.

   The VICE PRESIDENT. Is the objection in writing; is it signed by a Member of the House of Representatives and a Senator?

   Mr. FILNER. No, it is not in writing, but I rise in solidarity with my colleagues who have previously expressed their objection.

   The VICE PRESIDENT. The objection will not be allowed on the previous basis.

   Mr. FILNER. I thank the President.

   The VICE PRESIDENT. For what purpose does the gentlewoman from California (Ms. WATERS ) rise?

   Ms. WATERS. I have a motion of objection.

   The VICE PRESIDENT. Is the motion in writing, and is it signed by a Member of the House of Representatives and a Member of the Senate?

   Ms. WATERS. The motion is in writing, Mr. President, and I rise to offer a motion to withdraw from the joint session. There is no reference to the section that you have referenced to quorum or withdrawal.

   The VICE PRESIDENT. The Chair will respectfully advise the gentlewoman from California that sections 15 through 18 of title 3, as previously stated, in the opinion of the Chair and the Parliamentarians require the Chair to rule that no procedural question is to be recognized by the Presiding Officer in the joint session, even if it applies to only one House, unless presented in writing and signed by both a Representative and a Senator.

   Since the Chair has been advised that the gentlewoman's motion is not signed by a Senator, on the basis previously stated, the motion may not be received.

   Ms. WATERS. Let the RECORD show that is an opinion. It is not written in that section in reference to quorum or withdrawal.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from California.

   Are there any further objections to the certificate just counted?

   Ms. JACKSON-LEE of Texas. Mr. President, I rise to make a point of order.

   The VICE PRESIDENT. Is the point of order in writing, and is it signed by a Member of the House of Representatives and a Senator?

   Ms. JACKSON-LEE of Texas. Mr. President, being that this is a solemn day and a day that we are affirming the voices of the American people, we

wish to delay this until a quorum has been maintained.

   The VICE PRESIDENT. The gentlewoman will be advised, as all Members of the joint session will be advised, that a motion for the presence of a quorum is not in order unless it is signed by a Member of the House of Representatives and a Senator.

   Since the Chair is advised that the gentlewoman's motion is not signed by a Senator, it is not received.

   Ms. JACKSON-LEE of Texas. Thank you, Mr. President. It is signed by me, but I do not have a Senator.

   The VICE PRESIDENT. The Chair thanks the gentlewoman from Texas.

   For what purpose does the gentleman from Illinois (Mr. JACKSON ) rise?

   Mr. JACKSON of Illinois. Mr. President, I have an objection.

   The VICE PRESIDENT. Is the gentleman's objection in writing and signed by a Member of the House of Representatives and a Senator?

   Mr. JACKSON of Illinois. Yes, sir, I have signed it.

   The VICE PRESIDENT. Is the objection signed by a Senator?

   Mr. JACKSON of Illinois. Mr. President, I am objecting to the idea that votes in Florida were not counted; and it is a sad day in America, Mr. President, when we cannot find a Senator to sign these objections. New Democratic Senators will not sign the objection, Mr. President. I object.

   The VICE PRESIDENT. The gentleman will suspend. The Chair thanks the gentleman from Illinois, but, on the basis previously stated, the objection is not in order.

   For what purpose does the gentleman from Florida (Mr. HASTINGS ) rise?

   Mr. HASTINGS of Florida. Mr. President, point of order. Would the President advise whether or not there is an opportunity to appeal the ruling of the Chair?



   The VICE PRESIDENT. This is going to sound familiar to you, to all of us.

   The Chair finds that section 17 of title 3, United States Code, prescribes a single procedure for resolution of either an objection to a certificate or other questions arising in the matter. The Chair rules that the appeal is subject to the requirement that it be in writing and signed by both a Member of the House of Representatives and a Senator. Since the Chair presumes that it is not signed by a Senator, it is not received on the basis previously stated.

   Mr. HASTINGS of Florida. We did all we could, Mr. President.

   The VICE PRESIDENT. The Chair thanks the gentleman from Florida.

   Are there further objections?

   Ms. WATERS. Further objection, Mr. President.

   The VICE PRESIDENT. For what purpose does the gentlewoman from California (Ms. WATERS ) rise?

   Ms. WATERS. Mr. President, I rise to ask unanimous consent that the debate on this issue go forward.

   The VICE PRESIDENT. Notwithstanding the fact that an objections were heard, the Chair is advised that that request should not even be entertained.

   For what purpose does the gentleman from Illinois (Mr. JACKSON ) rise?

   Mr. JACKSON of Illinois. Mr. President, is it possible to ask at this hour for a Democratic Senator to sign one of these Democratic objections by unanimous consent? Is that within the House rules?

   The VICE PRESIDENT. The Chair will advise the gentleman from Illinois that any Member of either Chamber may do as he or she wishes, so long as it is within the rules of the joint session. So it is possible, as long as it does not violate the rules, but the Chair will not entertain debate, because that is a violation of the rules of the joint session.

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