2. The ability to serve the people by giving them personal information on a registration identification card showing polling places, precincts, and the various districts which relate to them is greatly reduced. This, of course, creates a lessinformed public. This is a very real problem, as the multiplicity of election districts which criss-cross each other is a serious problem to the administrator, and at best, a maze for each citizen. Again, this speaks to the necessity of vigorously pursuing pre-election day registration programs, especially in view of some of the other ramifications indicated in item 1 above.

3. Registration programs are designed to inhibit fraudulent voting. Admittedly, most people are not inclined to fraud, and further, people who are so inclined are likely to find ways to accomplish their purpose. However, this program does make it somewhat easier for the evil-intended to perpetrate their schemes. Consequently, sure methods of checking fraudulent voting and certain prosecution of it by the Justice Department must be developed. Possibly, convictions would be more easily obtained if the felony provision were reduced to a misdemeanor. 4. The ability to produce accurate mailing lists of registered voters would obviously be reduced to the extent the system is used. While this is not a designed purpose of a good registration file, it is one of the accepted side-effects. This again speaks to the importance of continued pre-election day registration programs.

Having said this, I should like also to speak a bit about funding. While in many states registration of voters is a function of a county, this is not so in Michigan. Registration is a function of over 1,500 local registration districts. Consequently, the state has become involved in the registration process not only in taking applications though a system tied in with obtaining driver licenses, but also in the training of many part-time clerks. Counties are involved to a very minor degree. We feel strongly, therefore, that the state should have considerable input as to the allocation of funds.

Further, to be effective, the program should be made operational for the year 1978. This would allow two years to perfect procedures prior to the huge electoral turnout in a presidential year. This means enactment soon in order to allow our legislature to make necessary adjustments to our law. We cannot tolerate a federal registration and a state registration. We must necessarily have time to adjust to this by enacting state legislation.

We have not had sufficient time to analyze the cost factors involved to determine whether or not allocations are adequate. This information will be forthcoming.

The purpose of the proposed legislation understandably is to encourage citizen participation. For that reason, I believe we should develop an adequate program and enact it into law. For administrative feasibility, it may be necessary also to encourage the purging of "dead wood" from the rolls. However, very rigid purging processes (i.e., failure to vote in one or two years) should be proscribed.

I should like to reiterate that we favor reducing obstacles to voting. We hope this is helpful to you. However, it should be pointed out that other factors are involved in non-voting, and that these too must be studied and solutions found.

UNIVERSAL VOTER REGISTRATION ACT OF 1977

THURSDAY, APRIL 28, 1977

HOUSE OF REPRESENTATIVES,

COMMITTEE ON HOUSE ADMINISTRATION,

Washington, D.C.

The committee met, pursuant to adjournment, at 10;15 a.m., in Room 1302, Longworth House Office Building, the Honorable Frank Thompson, Jr. [chairman] presiding.

Present: Representatives Thompson, Panetta, Ammerman, Wiggins, Burke, Frenzel, Stockman and Badham.

Also present: Robert Moss, General Counsel.

Chairman THOMPSON. Mr. Badham, would you care to introduce our first witness?

Mr. BADHAM. I would be delighted, Mr. Chairman. It is my pleasure at this time to introduce the Hon. Clair Burgener, Congressman from the 43rd District of California, my State, with whom I served in the California Legislature. It is a pleasure to welcome you here, Congressman.

STATEMENT OF THE HON. CLAIR W. BURGENER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. BURGENER. Mr. Chairman and members of the committee, thank you very much for the privilege of testifying. You have had a parade of witnesses before you on all sides of this very important and very controversial issue.

I want to testify, Mr. Chairman, very briefly, and I have given written testimony and ask your permission to have it included in the record.

Chairman THOMPSON. Without objection, it will be made a part of the record in full.

[The prepared statement of Mr. Burgener follows:]

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92-186 - 77 - 23

PREPARED STATEMENT OF THE HON. CLAIR W. BURGENER

Mr. Chairman, members of the Committee, you've already heard a pared of witnesses testify against what I believe is a very ill-advised piece of legislation, and I won't be redundant here this morning. I share their view that a so-called "instant registration" bill is fraught with opportunities for fraud and abuse.

In my own Congressional District, which I like to think is as enlightened as about any in the Country, last Fall 83 percent of the eligible voters turned out at the polls. There were 263,000 votes cast for the House of Representatives seat alone. While California has made registration extremely convenient for residents of the State, it at least requires that a registrar deputy registrar sees the prospective registrant. The pitfalls of such legislation, Mr. Chairman, are large, and I'd just like to bring to the Committee's attention one of them. As the Committee may know we have an enormous illegal alien problem in California, which is costing taxpayers millions of dollars in fraudulent benefit claims of all types against the Federal treasury. The horror stories are many and varied in the abuse of various Federal benefit plans, but that is not the matter before this Committee.

The problem, however, is quite parallel in that, in many instances, illegal alliens obtain fraudulent identification cards of every sort-and I've brought just some which have been confiscated here this morning-in order to make false application for benefits.

This is a vicious cycle, Mr. Chairman; first one card is obtained or falsified, and that card is used for identification to obtain another until the illegal may have six or seven fraudulent cards-perhaps even six or seven different Social Security cardsunder various names and numbers.

But the piece de resistance comes when he uses those cards to obtain a California driver's license, the accepted form of identification when one registers to vote in our State.

I wouldn't even venture to guess how many illegal aliens have in their possession fraudulently obtained California driver's licenses, but I suspect it is well into the thousands.

I don't mind that we make it convenient and easy to register, Mr. Chairman, but it does trouble me a bit when we begin permitting foreign nationals to cast ballots. If we're going to permit that, then we certainly ought to revise the campaign laws to make it legal for all of us to accept contributions from them, along with their votes. So-called "instant registration", as I see it, would enfranchise countless thousands of people who are not even U.S. citizens, and if that is not handing away the Constitutions, I don't know what is.

I urge the Committee to reject this proposal. We are suffering from poor voter turnouts in this country not because registration is overwhelmingly difficult, but because public officials at every level have lost the confidence of the American people by spending their valuable time on proposals with even less merit that the one you are currently considering.

Thank you.

Mr. BURGENER. It is my belief the registration and voting on election day, called by some instant legislation, is fraught with the opportunity for fraud and abuse.

We would like people to vote. We would like to not make it more difficult for them to vote. We would like them to vote once and we should like them to be legal, eligible voters. That is our basic message.

The district which I am privileged to represent lies on the Mexican border. It is the 43rd District in southern California, a very large one, 9,000 square miles, going from La Jolla on the west to Yuma, Arizona, on the east.

It is a district that votes. As a matter of fact, Mr. Chairman, in the recent general election 93 percent of the eligible voters turned out to vote. I am very proud of the district for that. In the race for the House of Representatives, there were 263,000 ballots cast. That is almost a record number. I think it is the fifth highest in the Nation. We do vote. The people apparently find it not impossible to register and to vote on election day.

However, we have a special problem, Mr. Chairman, and my colleagues, with illegal aliens. It is estimated in my district aloneand it is only an estimate because they cannot be counted-perhaps one to two thousand illegal aliens cross the border each day. This creates all kinds of problems for all Americans. We don't blame them for wanting to better themselves. Most of our forbears came to this country for the very same reason, seeking employment, and the opportunity to support one's family and, of course, live in freedom. But our laws prohibit this.

I bring to the committee this morning identification cards just picked up by one agent in a very brief period of time. These are social security cards, union dues books, credit cards of all nature and description, California drivers' licenses which have come to become one of our most respected means of identification because it has photographs and all of these were possessed by non-citizens, people who do not have the right to vote in this country.

I don't know if any of them voted. I hope not and I am sure the committee hopes not, but I would think if we were to pass this law, the opportunity for undocumented aliens, non-citizens to participate in our election process would be gratly incrased. That is our basic point here this morning, Mr. Chairman. I do not wish to take more time of the committee, but I think the pitfalls of such a system would greatly outweigh the benefits. Again, we don't want to make it more difficult for people to vote, but we want them to vote once and we would like them to be citizens. I thank you for your kind attention.

Chairman THOMPSON. Thank you. We are very much aware that California has very reasonable and liberal voter registration laws. We are also very much aware of the presence of illegal aliens. I would worry much less about them in terms of voting, although that is a legitimate concern than by the fact of their economic plight. We all sympathize with their right to better themselves. They do so in the border states, particularly in areas such as you represent, to the detriment of American citizens who could be doing the same work but who are unemployed and are in a sense a burden on the state and the municipalities. I thank you very much for your comments, Mr. Burgener.

Mr. Wiggins, have you any questions?

Mr. WIGGINS. Your testimony is particularly helpful. It brings up the question of the potential for abuse by illegal aliens. You especially have greater knowledge than most in view of th proximity of your congressional district to the border.

Have you been furnished any information, albeit imperfect, as to the number of illegals who may inhabit your district?

Mr. BURGENER. I have not kept but rough estimates. Naturally the illegal alien is forced to hide out in large measure, from time to time. I am told that many cross daily-many without the green card which is a legal entry to work, in most cases requiring a sponsor. It numbers in the thousands in my district alone and into the millions-perhaps-in California alone and certainly into the millions in the entire United States at a great social cost to our taxpayers. Many are now receiving FSI benefits. An illegal becomes involved in an accident. We must provide medical aid, and we do.

An illegal is hungry; we must feed, and we do. We have the humane and humanitarian responses that are proper and consistent with our heritage. I fully support that. But it is at an immense cost to the working people of this country. That is basically the message. This carries over into participating in the voting process, which is a real valued privilege in this Nation for American citizens alone, I submit, Mr. Chairman.

Mr. WIGGINS. Let us hope that the feeding is confined to a box lunch on his way to the border, he being returned to his nation of origin.

I want to focus on the problem of this bill and the illegal problems which you have described. There has been some discussion by the Attorney General of the United States of a proposal to grant something called amnesty or conditional amnesty for undocumented aliens they are called, who have been in the United States for a certain period of time. We have heard generally those proposals. Indeed, a speech was made in your part of California recently by the Attorney General on this subject.

It is to be understood that if amnesty of any sort is granted to an illegal, that act would not make him a United States citizen and therefore eligible to vote, but would simply legitimitize his status as a lawful alien within the United States.

Do you think it would be possible for a significant number of Mexican citizens illegally in the United States who were granted amnesty by the Government of the United States to be manipulated by designing persons into believing that that grant of amnesty conferred upon them all political rights, including the right to vote, thus acting as an inducement for them to vote improperly?

Mr. BURGENER. I do indeed, Mr. Wiggins, and I think this bill, if enacted into law, would ease and facilitate what I choose to call fraudulent voting and programs what your dialogue moves in the direction of, perhaps even legitimate voting by non-citizens.

Mr. WIGGINS. I am not saying it would be legitimate, but I am not prepared to say it would be fraudulent by the voter. The voter may well be guilty of no more than an innocent mistake in terms of what his or her legal rights may be, I see a risk that designing persons would corrupt or manipulate a large group of people and induce them to believe that they had a right to vote. We would not have fraud committed by the voter at least, but the election process could be adversely affected.

Mr. BURGENER. I hope and pray the committee will see fit to reject this proposal.

Mr. WIGGINS. Let us suppose we are going to have a bill, and we have to deal with this problem of identification. It is your recommendation we reject such identifications as drivers' licenses and Social Security cards because in your experience they are easily obtained and have no necessary relevance to citizenship.

What is your comment about an affidavit? Do you think that an illegal who may not speak English would sign an affidavit attesting to the fact that he was born in a particular place and if that place is outside of the United States, amplifying in some way his citizenship status? Do you think that would be an adequate safeguard.