Re: Re: Emergency Measures To Protect The 2004 Vote Count (EM2004)

From: <dr-jekyll_at_att_dot_net>
Date: Mon Sep 06 2004 - 20:45:27 CDT

> 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
> choosing Senators.

The intent of this part of the US Constitution (Article I, Section 4) is explained in Federalist Paper #59 by Alexander Hamilton. (Also Federalist Papers #60 and #61) The intent is for the States to make their own election laws, but the US Congress can on a case-by-case basis alter a State's voting laws in case extraordinary circumstances exist.

That intent had been observed and respected from 1788 until HAVA. HAVA is a usurpation of the State's right to be the initiators of election legislation. In the mid 1980's, when a few people got together to brainstorm what became law in New Hampshire in 1994, we did not need to ask the federal government for permission to alter New Hampshire election laws. We brain-stormed solely based on what we felt would be the best way to achieve VVPAT. Had we brain-stormed something stupid or selfish and gotten bad legislation passed, then the US Congress could have acted within the intent of Article I, Section 4 to pass legislation specifically altering it.

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Received on Thu Sep 30 23:17:04 2004

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