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

From: David Mertz <voting-project_at_gnosis_dot_cx>
Date: Fri Sep 10 2004 - 19:22:52 CDT

> The Constitution allows Congress to regulate state election laws.
> Article 4, Section 1 definitely gives the federal government this
> right. This is why Congress was able to pass the Motor Voter law and
> the 1964 Voter Rights section of the Civil Rights act.

Not really. The 1964 Civil Rights Act gets its authority more from the
14th Amendment. Article 4, Section 1 reads:

-----
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.
-----

This probably lets congress require hand recounts of races for Senator
and Representative, but no similar authority is granted to require hand
recount for President and Vice President.

Ellen Theisen's idea was to add a requirement for ALL Federal contests,
which would included Prez.

Now, indeed, MAYBE you can find constitutional authority for such a
law... but it's far from a slam-dunk.
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Received on Thu Sep 30 23:17:05 2004

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