Should the states surrender their rights to oversee election laws to the federal government?
This is the issue contested recently in the U.S. Senate as a critical midterm election looms this year. While the Freedom to Vote Act was blocked this time by the Senate, it is important to remember that the two bills combined recently into the Freedom to Vote Act have previously been blocked four times in the past year by Senate filibuster, and the Senate opened the floor to debate on the bill for the first time this past month.
It is highly likely that we will see similar legislation come before the Senate again -- soon -- and will need to understand what the bills propose.
The problem embedded in these bills can be defined as classic “states’ rights” versus “federal government control.” The Freedom to Vote Act was presented in a previous form as the For the People Act, in 2021. Legislation such as this, to federalize the election process, would move authority for conducting elections from the states to the federal government. This right, as defined under Article 1 of the U.S. Constitution, was first ratified in 1788 and states:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
So what changes to this essential state right did the Freedom to Act, and previous federal election legislation, propose?
The two bills that were embodied by the Freedom to Vote act are:
(1). The John Lewis Voting Rights Act bill. This bill requires all 50 states to ask permission from the Justice Department before making any changes to voting laws or putting in place new voting requirements, which in essence, would federalize any proposed changes (“John Lewis Voting Rights Act”, https://en.wikipedia.org/wiki/John_Lewis_Voting_Rights_Act).
The second bill, Senate bill S. 2747 set national standards for voting, including the following (S. 2747, text available online at https://www.congress.gov/bill/117th-congress/senate-bill/2747/text):
*Nationalization of voting legislation
*Automatic voter registration unless the individual opts out
*Same day and online voter registration
*Early voting (at least 14 days before Election Day), with all ballots postmarked by election day counted for up to seven days after election day
*No-excuse vote by mail for every eligible voter
*Drop boxes for ballot returns
*Ballots cannot be discarded for errors such as failure to use an outer security envelope
*Election day would be declared a legal public holiday
*Allowance for a wide range of identification and alternative methods for voter validation. NOTE: The wording in the voting bill to remove/alter the ID requirement is racist. All Americans know how to obtain appropriate government ID!
*Felons upon release from prison will be able to vote
*Increased transparency regarding donors to campaigns
*Small donor matching for House of Representatives elections, for states that choose to opt in through a newly created State Election Assistance and Innovation Fund
*Strengthening of the authority of the Federal Election Commission
Supporters of federalizing the election process argue that doing so would make it easier for rural Americans, people of color, and those with disabilities to vote. Others wish to basically undo what are believed to be overly restrictive voting laws passed in 2021 in states such as Texas and Georgia (The Brennan Center for Justice, “Voting Laws Roundup” October 2021, downloaded from https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-october-2021).
These voting laws were passed to address concerns about election integrity and were intended to reduce the incidence of voter fraud by requiring identification when voting or requiring voters to register in time to allow verification of identity before an election they intend to vote in (at least 14 days before election day).
Opponents of federalizing the election process feel that the voting Rights Act of 1965 has already provided for equal access to ballots, and that this type of legislation has a more politicized agenda behind it. Sen. Ted Cruz (R-TX) stated the “For the People Act”, the legislation proposed in 2021, would “constitute a federal takeover of elections” (Texas Tribune, 10/20/2021). The record turnout by voters in 2020 is also cited by opponents of this voting bill as proof that current voter laws do not impede voter access.
Laws that propose centralizing within the federal government the running of elections is an attempt to take away from local and state government one of the most important freedoms that citizens of the United States enjoy: the right to vote, and the legislation that defines how this is done. Requiring states to give up their authority in this area could have long-lasting results on future elections. A big concern is that under its provisions, elections could be opened up to individuals who are not U.S. citizens, to felons, and to possible fraud with safeguards such as voter identification removed.
Convention of States is a solution to the issue of the encroachment of the federal government on rights and privileges that have historically been held by the states – including voting laws.
Convention of States (COS) is a grassroots, nonprofit organization that is encouraging state legislators to use Article V of the U.S. Constitution to pass a resolution to call a convention limited to 3 topics: 1) improper spending; 2) federal overreach (including attempts to federalize our voting laws); 3) term limits.
The current Michigan resolution (HJR-E) for a convention is addressing the following three issues: 1) improper spending; 2) federal overreach (including attempts to federalize our voting laws); 3) term limits. This effort was started in 2013 and has millions of supporters across the country. Convention of States Action has been actively working on this goal since 2013, meaning, when BOTH Republican and Democratic Presidents were in office!
Do you want to learn more about COS – and find out about the solution to alarming federal government growth endorsed by a growing list of constitutional lawyers and respected leaders? Enjoy this short three-minute video and answers to frequently asked questions.
Want to make a difference? You can sign the petition for COS and help even more by clicking here.
Join the millions of Americans around the country who are taking steps to stop attempts at runaway growth by the federal government, as shown by bills such as the Freedom to Vote Act and others.
If the federal government takes over election laws, what will this mean for the future? Are you prepared to have the federal government – instead of the state you live in – determine how elections are conducted in your district, your state?
If not, you will want to learn about how Convention of States is calling for a proposal to convene to limit our runaway government, and keep decisions like these at the state level, where your voice can be heard.
