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SmartVoter22

(639 posts)
76. Congress can change federal voting rules
Mon Feb 1, 2021, 09:05 AM
Feb 2021

but they cannot change a state's administrative election laws & regulations. For too many good reasons to list here.

Congress, can changeaspects for the one election option they do control...that being the unique ballot the "President & Vice-President Only Ballot".

This is a ballot that is available; at any voting location anywhere in the nation on election day which you only vote for just the President & Vice-President.
You can walk into any polling location, on election day and without having to register to vote in the state you happen to be in, present a valid and current photo ID from your current home state and choose the President & Vice-President you'd like. There are no other candidates or offices on the "Presidential Only" ballot

Here's what I think Congress can do:
If Congress decides to change the requirements or procedures to cast one of those 'Prez Only' ballots, they certainly can.
SCOTUS has protected states rights to administer elections, but they also protected Congress' rights to administer this unique and rarely used ballot. It's a 2002 HAVA Act protection for the voting accessibility issue: that voters who are not in their home state, on election day may cast a ballot for the Offices of President and Vice-President of the United States by simply showing up at any local voting location, showing a valid and current Photo ID from thier home state and be given this unique ballot. They vote and these ballots are counted.

So Congress can change a few simple things, to expand access for these unique ballots; like early voting periods, but they can also put a noose around the neck of Voter Suppression by setting early voting times and locations, set voter qualifications and methods of casting a ballot for this unique simple ballot plus remove any state restirctions like; probationary periods, past due fines, skin color, areligious and gender identity and maybe even, space laser proximity.
(OK, I got off track a bit, but you get the idea of what Congress can do.)

It's Congress' choice regarding these 'Prez Only' ballots as this is a federal only ballot, nothing on it from any state, county or municipality.

They could set the voter qualifications to cast a ballot; like felony convictions does not disqualify a voter nor does probationary periods or past due fines disqualify a voter from voting with a Prez only ballot. Early voting periods for this one type of ballot could be weeks long prior to election day and what type of Real ID is compliant with the 2002's HAVA (Help America Vote Act) Act.
I am pretty sure it's Congress' choice, but may be wrong for the Prez Only Ballot.

If Congress does change the laws/regulations for that type of ballot, the states will have to adapt their own ballots, which often include the offices of Prez & VP, to be compliant with any new rules. Congress can reduce the GOP efforts to expand restrictions, early voting, voting by mail, etc by simply changing the requirements it sets for these two elected offices.

Some states will surely try to enact the obvious suppression option, if Congress actually does something like I suggest.
You might have to fill out two ballots on election day.
One ballot with 'Prez Only' and one for all the other statewide, county & municipal elected offices?
We could assume the GOP wants only the whitest, space laser dodging, gun-toting emotionally dwarfed T-rumped patriots to use.

Two ballots? I think that will be a hard sell.

THIS BILL IS ***THE MOST IMPORTANT BILL !!!*** Cause if we can not vote we can not win !!! uponit7771 Jan 2021 #1
It is indeed very important, but soldierant Jan 2021 #69
If we can't vote there is no USPSi, ts more than VBM uponit7771 Jan 2021 #72
Each depends on the other. soldierant Feb 2021 #73
Good! We would have passed one before had the electorate given us the power. nt Hortensis Jan 2021 #2
That's awesome if they can make it thinkingagain Jan 2021 #3
+1, The state I am in doesn't have no excuse mail in voting or early voting. This would change ... uponit7771 Jan 2021 #5
Raw Story Headline is a bit misleading. Vote by Mail did NOT spur controversy, it was DT and the GOP msfiddlestix Jan 2021 #4
I will add my 2 cents to yours, gab13by13 Jan 2021 #6
+1, I can get 2 - 3 extra family members to vote if they can vote by mail and not have to stand in uponit7771 Jan 2021 #7
Exactly, and that's the point of the effort to Ban it. msfiddlestix Jan 2021 #9
i agree, atrocious headline (they copied it from the original one at NJ.com) KayF Jan 2021 #45
What's it gonna take to hold journalism accountable? msfiddlestix Jan 2021 #65
Yeah utter bs headline. Voltaire2 Feb 2021 #75
Most secure way to vote Ruby Zee Jan 2021 #8
Now fire Gerry Mander and we'll be set. rickyhall Jan 2021 #10
Hmmmm, seems like we can make it against the law to draw lines based on political slants for every uponit7771 Jan 2021 #23
Both sides ALWAYS draw the districts to advantage themselves The Mouth Jan 2021 #37
Not all states do that. gab13by13 Jan 2021 #40
Iowa,too, but justgamma Jan 2021 #49
Or, get rid of districts. Have state wide elections... reACTIONary Jan 2021 #70
Happy to read this and crossing my fingers it gets passed. Anyone (...talking to you rethugs...) iluvtennis Jan 2021 #11
Direct Link to NJ.Com without Rawstory Pop Ups uponit7771 Jan 2021 #12
We'll have to get rid of the filibuster to get this one passed. BarbD Jan 2021 #13
+1, if we don't get rid of it then we lose in 2022 seeing the kGOP is throwing up EVERY voter ... uponit7771 Jan 2021 #15
It's important, but it's the postmarking that a ballot box cannot do, unless a barcode reader ancianita Jan 2021 #14
+1, if people thought 1/6 was crazy wait till dems start pushing VBM laws they'll literally blow up uponit7771 Jan 2021 #18
So true. Which is why Dems have to get legislation that criminally convicts tamperers, imo. ancianita Jan 2021 #22
+1, voter suppression should be a felony like voter fraud !! uponit7771 Jan 2021 #25
But with much harsher penalties than the current voter fraud slap-on-the-wrist ones. ancianita Jan 2021 #28
Put the cameras on the web -- many, many eyeballs and the public has a right to watch. Hermit-The-Prog Feb 2021 #74
Live nationwide voting sounds darned democratic to me, for sure. ancianita Feb 2021 #78
Like Colorado's system. That's a happy thing. PatrickforO Jan 2021 #16
+1, I think this fight will make 1/6 look like a picnic ... the crazies will really come out when uponit7771 Jan 2021 #19
Maybe, but then when Democrats are elected everywhere, they will crawl back PatrickforO Jan 2021 #24
+1, uponit7771 Jan 2021 #26
+1 CrispyQ Jan 2021 #58
Mailed ballots are paper ballots - and it gets rid of the DREs... Sancho Jan 2021 #17
Not passing with the filibuster intact. Nt Fiendish Thingy Jan 2021 #20
No, Turin_C3PO Jan 2021 #39
Probably right Oldem Jan 2021 #42
The Federal govt telling states how they have to run elections? CaptainTruth Jan 2021 #21
My understanding is the federal government can standardize for security reasons etc. If we don't ... uponit7771 Jan 2021 #30
There is some precedent including HAVA & "Motor Voter" BumRushDaShow Jan 2021 #41
Call our awesome Colorado Secretary of State, Jena Griswold, if you want to know how to do it! colorado_ufo Jan 2021 #27
In even years, Democrats receive ballot requests from the Texas Democratic Party in January yellowdogintexas Jan 2021 #29
Congress can enforce such measures for House and Senate elections, but the Constitution still Goodheart Jan 2021 #31
Good news, is this enforcement I'm the constitution? tia uponit7771 Jan 2021 #36
Article 1 Section 4 Clause 1 of the United States Constitution Goodheart Jan 2021 #48
Nice !!!!!! This is OP WORTHY !!!! uponit7771 Jan 2021 #55
+100000000000000000000000000000000 x 2 AmyStrange Jan 2021 #64
We've had VBM in Oregon for over 20 years. Ballots due by the end of election day. They would avoid Amaryllis Jan 2021 #32
I like that except the ten days after part. JohnnyRingo Jan 2021 #33
Unless this gets passed through budget reconciliation... zaj Jan 2021 #34
Can voting rights be passed with reconciliation? Jersey Devil Jan 2021 #35
If they are including funding provisions to carry out the law ("spending" ) it could BumRushDaShow Jan 2021 #46
I heard they can do 2 reconciliations this year Jersey Devil Jan 2021 #50
The can do all 3 in a "year" BumRushDaShow Jan 2021 #52
Vote-by-mail did NOT "spurred controversy" trump did. Merlot Jan 2021 #38
+1, its a slanted article no doubt ... if we thought 1/6 was crazy this is going to bring the Trump uponit7771 Jan 2021 #60
Great news!!! BobTheSubgenius Jan 2021 #43
I hope they actually DO IT instead of talking about it. flying_wahini Jan 2021 #44
In addition, laws around mail ballots should be standardized for all states. Lonestarblue Jan 2021 #47
Oregon is example AncientOfDays Jan 2021 #51
Every couple of years, up in Oregon MurrayDelph Jan 2021 #54
The Democratic party should demand a paper trail and verifiable ability to recount be on all voting UCmeNdc Jan 2021 #53
Make it so. n/t sarge43 Jan 2021 #56
This is the right thing to do. Politicub Jan 2021 #57
I can walk to a church 3 blocks away to vote hibbing Jan 2021 #59
We should allow everyone to vote by mail, and declare Voting Day a national holiday. Nitram Jan 2021 #61
We should also go back to paper ballots at polling sites. judesedit Jan 2021 #62
So how can western states make this work smoothly Retrograde Jan 2021 #63
Fix the Post Office Nululu Jan 2021 #66
This is outrageous! Deep State trying to do what's safe and makes sense. Damn them! nt JustABozoOnThisBus Jan 2021 #67
K&R Blue Owl Jan 2021 #68
This is a necessary step, but forgive me if I wait for another source other than Rawstory. n/t Tarheel_Dem Jan 2021 #71
Here ya go Roisin Ni Fiachra Feb 2021 #77
Congress can change federal voting rules SmartVoter22 Feb 2021 #76
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