States Have the Power to Control Ballot
Posted by By GeorgeM at 30 October, at 18 : 25 PM Print
Still very relevant:
The States Have the Constitutional Power to Pass Legislation Prescribing Presidential Ballot Access Requirements Including Determining Whether a Candidate Meets the Eligibility Requirements of Article II, Section 1, Clause 5by Mario Apuzzo, Esq.March 11, 2011
Article II, Section 1 of the U.S. Constitution tells us that the Electoral College is the mechanism used to elect the President. 3 U.S.C. Sec. 4. Article II, Section 1 also tells us how the Electoral College is filled. It says that the states shall appoint the electors who will make up the Electoral College, determining the manner of electing them and the quantity to be elected. The rest of Article II, Section 1 was changed by the Twelfth Amendment which now prescribes how the voting is done, the votes are tallied and transmitted to Congress, and Congress confirms those votes and declares who shall be President. Further state authority over federal elections is found in Article I, Section 4, Clause 1, which delegates to the state legislatures the initial authority for the “Times, Places and Manner” of elections to Congress, with Congress having residual authority to make such regulations. Hence, the Constitution gives to the states the authority over federal elections and specifically to appoint its electors and decide how their votes are processed for the purpose of determining who shall be President. There is therefore no question that states have the power to run their own presidential and vice-presidential elections. Storer v. Brown, 415 U.S. 724, 730 (1974) (the Election Clause, Article I, Section 4, Clause 1 which applies to Congress was intended to grant states authority to protect the integrity and regularity of the election process by regulating election procedure). As part of that process, states must also have the authority over who shall be placed on any ballot to run for president and vice-president.This state mechanism has been recently confirmed by an April 3, 2009 Congressional Research Service Memo by Legislative Attorney, Jack Maskell, entitled, “Qualifications for the Office of President of the United States and Legal Challenges to the Eligibility of a Candidate,” wherein he stated:
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This is refreshing in that there is,at least, some legal commentary on what rights the states do have, in this period of perceptual shrinking states rights.
Along this same path, should there not be some mention of the right of qualifying voters? This is certainly an area that could use some clarification, rather than the obfuscation offered up for the past 45+ years by ‘Uncle Sam’
The Election clause says that the Congress may modify the states times or manner of holding elections, but NOT places (for Senators and Representatives), and the
Pete Bennett, 6 months ago
First Article, sec 1 for Representatives and sec 3 (as amended by A XVII) for Senators in each state shall have the same qualifications required of the electors for the members of the most numerous branch of the respective state legislature. If this is enough proof, of the role that the states have in the electoral process, how does the Voters Rights Act of 1965, and subsequent versions, get away with subverting the numerous, explicit authorizations of the states rights to do so, by the Constitution?
Pete Bennett, 6 months ago
Good question, Pete. Almost as good as “why is an ineligible usurper” permitted to squat in the White House.
GeorgeM, 6 months ago
Relevant; but no organized use of it. With the Republicans in the tank for the elimination of the NBC requirement, The People have been stuffed. If it weren’t so dangerous having Obama continue in the office, I would be all for the Republicans to get their just deserts from the elections.
Which I’m going to boycott anyway. If The People can’t be guaranteed honest elections in this enlightened day and age, the whole thing is a farce, that I refuse to be a part of, and therefore lend my support to. The People should have cleaned up this act long ago. (I have been out of the country for 35 years, so I didn’t realize the issue STILL hadn’t been dealt with. It’s like a Third World country here…sad……just about due for purple ink on our thumbs……)
Stan, 6 months ago
Don’t knock the purple ink is a good system. Next to address is the foreign voting machines and crooked courts stopping election laws.
You don’t vote? Thanks for helping to re-elect Obama. Remember, they got out the vote and won in 2008. In 2010, we rousted many Progressives out of office. Of course, we installed some of “our own,” too.
GeorgeM, 6 months ago
So, the old adage still has some life in it?
The squeaky wheel gets the grease.
May I propose an addendum?
“If it squeaks loudly and long enough”
Our course is laid before us, all who give a big enough damn.
Pete Bennett, 6 months ago