we are all hearing how congress is attempting to make major changes to the form of elections. to the point they are taking over elections. This maybe unconstitutional. as so far as the vote for President goes.
yes, article 1 section 4 does specify that congress can make election rules. however after reading it closer, those rules only apply to the congressional elections.
here is the text from article1 section 4.
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 chusing Senators.
See how it directly specifies only senator and representatives? that is a limiting modifier. means they can only change their level. NOT state level elections or the Presidential election.
next we go to article 2 section 1 that says it is up to the state and the states legislatures to choose who gets to be President. Its a weird way around . but its there. heres article 2 section 1
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
You see by stating that the state is to choose how it selects its electors it is saying it is up to the state to choose how to set up the poll that would select the electors.
so in conclusion, If the congress attempts to change presidential or state elections , that runs contrary to the constitution and according to marbury is unconstitutional and therefore null and void.
But this is a simple opinion of a high school graduate on a blog site no one will see.
Glenn
post script: some stuff I found in hr-1 that should be of concern
hr1
internet voter registration
online registration has little security of signature(including same day registration)
allows for registration via telephone (call in registration)
they can verify your signature on a ballot with the ballot signature.
allows no protection from non citizens voting if they simply say they are a citizen
allows someone to steal your ballot by changing your voter record by internet.
motor voter registration and worse,
any state or federal agency or even colleges on their forms will automatically register you to vote giving the option to opt out not in
requires grade schools to educate on voter registration
same day registration
same day at the poll changes to registration information.
allow political campaigns access to voter roles
pays states for all voting activies
allows for 3rd party collection of voter data
takes away states ability to delete records based on change of adress cards
approriates at least 25m$ for state voting efforts
gives money to states to get minors registered to vote
16 year olds registration to vote
voting by felons that judicial took away
what the ballot should look like
vote by mail
if you vote absentee you will always vote absentee(auto mail of ballots)
changes laws for native american voters
drop boxes for voting
national emergency all bets are off
mandates how states will redistrict(changes?)
dekletes year 05 redistricting
makes it harder to eliminate a voter from the roles (great for mutli state voting)
in jail you can vote
campaign finance changes
government contractors no longer have to declare
over rule citizens united???
campaign finance matching
spend as much as you want with no reporting
enhancement of PACs
wont allow candidate to tell pacs what he wants
changes code of conduct for federal judges (interfers with article 3)
campaign managers cant use donations to travel in airplanes
changes congressional conflict of interest rules
*house cant serve on boards of for profit companies.
forces any appeals to this bill to go to 1 court (DC) (bypassing article 3)
