Numerous Congress Members May Have Received Illegal Congressional Pay in 2003-2004

Many current or former Senators and Representatives appear to have taken illegal Congressional salary payments during the current Congress, prior to the October recess.

The chronically absent list is well-represented by candidates who ran for higher office, including those who ran for President or Vice President: Senators John Edwards (D-NC), Bob Graham (D-FL), John Kerry (D-MA), and Joseph Lieberman (D-CT), and Congressmen Richard Gephardt (D-MO) and Dennis Kucinich (D-OH). Senate candidates Brad Carson (D-OK), Mac Collins (R-GA), Jim DeMint (R-SC), Pete Deutsch (D-FL), Joseph Hoeffel (D-PA), Johnny Isakson (R-GA), Chris John (D-LA), Denise Majette (D-GA), George Nethercutt (R-WA), and Patrick Toomey (R-PA), who have served in the House during 2003 – 2004, also had numerous unexcused absences. In 2003 now-Kentucky Governor and former Representative Ernie Fletcher (R) missed 27 session days.

Federal law requires Members of Congress to forgo Congressional pay for days missed due to campaign appearances or other unexcused absences. In June 2003 National Taxpayers Union wrote to each of the six Presidential candidates serving in Congress to ask whether they planned "to voluntarily follow this law during your campaign." None of the candidates replied.

Here are the estimated salary overpayments made to each of the six Presidential and/or Vice Presidential candidates:

Senator John Edwards was absent for every vote during 52 of the 115 days when the Senate cast floor votes in 2003. In 2004, Senator Edwards missed every vote during the months of July, September, and October – a total of 59 consecutive votes. Senator Edwards' 50 absent days in 2004 equal an estimated salary overpayment of $63,543.16.
Representative Richard Gephardt was absent for every vote during 85 of the 109 days when the House cast floor votes in 2003. Gephardt compiled many streaks of consecutively missed votes, including all votes from April 10 to May 8, June 2 to June 24, September 9 to October 1, and October 20 to November 20, when he missed 93 votes in a row. In 2004 Gephardt was absent for 46 days. Representative Richard Gephardt's total estimated salary overpayment: $81,362.53.
Senator Bob Graham's 41 absences in 2003 add up to an estimated salary overpayment of $25,269.53.
Senator John Kerry was absent for every vote during 76 of the 115 days when the Senate cast floor votes in 2003. The Senator's longest streak of missed votes in 2003 ran from July 11 to September 9, when he missed 62 in a row. For 2004, Senator Kerry was absent for every vote during the months of July, September, and October – and compiled a total of 76 consecutive votes missed from June 23 through October 11. Kerry's absences for 2004 total 70 days. Senator John Kerry's estimated salary overpayment: $90,932.68.
Representative Dennis Kucinich was absent for every vote during 28 days in 2004, but did not meet the study's missed-votes threshold for 2003. Representative Dennis Kucinich's estimated salary overpayment: $17,636.64.
Senator Joseph Lieberman was absent for every vote during 63 of the 115 days when the Senate cast floor votes in 2003. Lieberman skipped 54 percent of all the votes. Notably, Lieberman was first elected to the Senate after criticizing the incumbent for missing too many votes. Lieberman's longest lineup of missed votes ran from July 10 to July 29, when he missed 43 votes. Senator Joseph Lieberman's estimated salary overpayment: $38,828.79.

...there is a difference between Pat Toomey missing days to campaign for the Senate...and John Kerry, who had been skipping work and missing votes for years.

I respectfully don't agree.

If they don't show up to do the peoples business, they should not get paid. Period.

Just like any other job you work at, they are hired by the people they represent to vote for them in good faith.

These guys have tremendous resources available to them at our expense. If they can't handle the schedule maybe they don't deserve to be there.

I would actually give Kerry, because he is running for President, more slack than Toomey because campaigning for President you have to go all over the country. A Senator just has to visit his own state.

except that this has been his pattern for many years, no.1. and no.2, he should still not be be paid for being AWOL some 87% of the time! He was not doing his job - he was not representing his constituents.

And not just the ones that were campaigning. It's very difficult to find, but the voting record roll call for senators is very telling. The republicans have a very high attendance rate - and the dems correspondingly VERY low.

I would think that could become a great tool - educating the public about who really shows up and does their job!

The disparity is truly startling.

If anyone can find the roll call for the 108th, could they pass along the web address?

I had it last fall, but it's one you can't bookmark and I can't find it...

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