Re: VotersUnite Proposals for new Holt Legislation

From: Ron Crane <voting_at_lastland_dot_net>
Date: Thu Nov 23 2006 - 17:00:43 CST
The general argument here is as to Presidential elections, whose conduct Art.II s.1 gives to the States, "in such manner as the Legislature[s] thereof may direct." But I don't think that argument stands against Art.5 of the 14th Amendment, which gives Congress "power to enforce, by appropriate legislation, the provisions of this article," which provisions include the Equal Protection clause.

I doubt, however, that this point has been directly litigated, and there are some political reasons why Congress might hesitate directly to prescribe which voting systems states must use. There are also some reasons why we should fear Congress's exercise of such a power.

-R

Danny Swarzman wrote:
Article 1 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 Place of Chusing Senators.

Doesn't this mean that the Congress has the power to mandate anything it wants?

On Nov 23, 2006, at 7:19 AM, Kathy Dopp wrote:

#3 while I agree 100% that electronic ballot voting systems should be instantly dumped, it is a violation of the US constitution to mandate particular voting systems which is why the 2002 HAVA law did not mandate any particular voting equipment, but rather only provided funding for certain types of voting equipment, including unfortunately DREs.  If you want to eliminate DREs, you must only fund paper ballot systems, not outlaw DREs.


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Received on Thu Nov 30 23:17:11 2006

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