Vote-by-mail spurred controversy, fraud charges and maybe the Capitol riot -- now it may become

[BumRushDaShow]

41. There is some precedent including HAVA & "Motor Voter"

Help America Vote Act of 2002 (HAVA)

In the aftermath of the 2000 election and its many logistical issues, congress passed a bipartisan measure, the Help America Vote Act of 2002 (HAVA), in order to reform many facets of the voting process and increase voter education and turnout. Its goals include the replacement of voting machines, voter registration reform, better access to voting for the disabled and poll worker training. Congress set a date by which each goal must be completed, and provided federal funds to help with the process as long as they implement a plan and allocate a small amount of state funds to the effort. In addition, HAVA has successfully created the Election Assistance Commission in order to better facilitate federal elections.

Election Improvements

HAVA provides funds in order for states to replace outdated voting machines, create a system of provisional balloting, create a computerized voter registration system, train poll workers and change election day procedures. Provisional balloting allows a person who's name does not appear on the voter roll to cast a ballot which will be reviewed and checked later on. New election day procedures improve access for the disabled and require that a new voter who registered by mail show identification the first time that they vote.

In addition, as a result of HAVA, a new federal voter registration form was created in order to make it easier for a new voters to register. In addition, if someone fills out a provisional ballot, and it is rejected as a ballot for the current election, it will serve as a voter registration form for the next election. New voting equipment is required to give the voter a "second chance" meaning that if there is a possible mistake on the ballot, they must be notified about it before leaving the polling place.

HAVA also calls for more voter education, a "Voters Bill of Rights" to be posted in all polling places, election day registration and the ability for anyone to request an absentee ballot for any reason. Although many of the goals were set to be completed before the 2004 elections, the ultimate goals of HAVA are set to be completed before the 2006 elections.

https://www.law.cornell.edu/wex/hava

H.R.2 - National Voter Registration Act of 1993 (a/k/a "Motor Voter Law" )

Conference report filed in House (04/28/1993)

National Voter Registration Act of 1993 - Requires each State to establish Federal election voter registration procedures by: (1) application made simultaneously with a driver's license application; (2) mail; and (3) application in person at a designated Federal, State, or nongovernmental office, or at the applicant's residential registration site in accordance with State law.

Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office and/or in which voters may register at the polling place at the time of a general election for Federal office.

(Sec. 5) Declares that each State motor vehicle license application (or renewal application) shall simultaneously serve as a voter registration application with respect to Federal elections, unless the applicant fails to sign the voter registration application. Sets forth provisions regarding: (1) forms and procedures; and (2) transmittal deadlines.

(Sec. 6) Requires each State to use the mail voter registration application form prescribed by the Federal Election Commission (Commission). Authorizes a State to develop its own form provided it meets the requirements of this Act.

Authorizes a State to require first-time voters to vote in person, with exceptions for overseas and handicapped or elderly persons.

Authorizes the removal of a voter application in the case of an undelivered (returned) notice of an application made by mail.

More: https://www.congress.gov/bill/103rd-congress/house-bill/2

How the federal government implements voter laws at the national level is that such legislation would be effective for "federal elections" and what a state does for their state/county/municipal elections is up to them (e.g., special elections, primaries, etc). Usually the key piece for this would also mean the federal government would provide funding to carry it out (vs being what is often dubbed an "unfunded mandate" ).

The 62 ridiculous lawsuits that got thrown out were mostly due to the plaintiffs yelling about "fraud" but unable to show evidence of it, so they switched it up, literally mid-case, and then started arguing that a state "wasn't following their state law/Constitution", and the state courts responding with rolled eyes while the federal courts threw it back saying that the plaintiffs needed to deal with their "problem" in their state courts.

If the federal government wasn't "allowed" to implement election law at the federal level, then the Voting Rights Act of 1965 wouldn't have come about (although the courts have chipped away at it recently by throwing out Sections 4 & 5 dealing with "pre-clearance" for a specific set of states, where the argument was that the list was "outdated" ).