Never before in the history of the country has the electoral system been attacked so severely. After the Coronavirus pandemic, media-funded organizations and lawyers with thick targeted deposits tried to reverse the way we select the president, congress, and government officials.
Like rioters in the streets of American cities, they are taking advantage of the crisis to try to fundamentally transform American institutions.
They are trying to throw away state laws designed to protect the integrity of American elections.
The first goal of transforming the election was Congress. Shortly after the pandemic reached our shores, the House Democrats adopted extraordinary legislation that would federalize the rules of the electoral process.
The constitution decentralizes the way we conduct elections, because decentralization promotes individual freedom. When elections are decentralized, no evil actor can manipulate or control the outcome.
In the Bush and Obama administration, I worked in the Vote Section at the US Department of Justice. I saw firsthand how federal bureaucrats can manipulate, coerce, and threaten government officials who are inconsistent with the bureaucrat’s feelings about how elections should be held.
Naturally, the federal government plays a role in ensuring that elections are held in a manner consistent with federal laws and the Constitution. For example, the 15th Amendment and the 1965 Voting Rights Act do not discriminate on the basis of race.
But besides these limited federal restrictions, the Constitution gives states the power to hold their own elections and establish voting rights.
The bill passed by the House was to provide for automatic voting by mail in each state. This would require voter registration on the same day, as well as a weekly early vote. This would expel voter identification laws. This would legalize the collection of votes in each state. Other suggestions in Congress would allow the counting of ballot papers, even if they were not marked on election day.
What accounts would actually do is stir up chaos. Elections will not be resolved on election day. Millions of newsletters continued to appear, continued to appear until there were enough votes to make a difference. If a dispute had arisen, lawyers would have stolen the show, exposing America to weeks of post-election contests in court to achieve a certain result.
Even worse, left-wing funds allocate hundreds of millions of dollars to this process. The media has money to publish stories that election fraud is a myth. They even lend to “reporters,” funded by the newspaper foundation, are struggling to work for free if they publish stories that election fraud is a myth.
Of course, there is money for lawyers. When the Senate reform bill failed in the Senate – thanks in large part to Majority Leader McConnell and appropriation chairman Richard Shelby (R-AL) – those who tried to transform the election rushed to court. The bill was supposed to nationalize postal voting, prohibit voter identification, and require each state to propose a month of early voting and allow registration on the same day.
There are dozens of lawsuits across the country trying to force states to abandon election integrity procedures. My organization participated in a number of them, and this is quite frank. In Virginia, for example, the League of Women-Voters filed a lawsuit against the state demanding that they cancel the requirement of witnesses on absentee ballots. They claimed that finding a witness would be a violation of federal voting rights.
Incredibly, Virginia Attorney General Mark Herring surrendered and surrendered. The alleged opponents decided to conspire by abandoning the law.
Remember, the properly elected Virginia legislature – both the House and Senate – accepted the witness’s request, and the elected governor signed the bill. The agreement between plaintiffs and defendants in the Virginia Women Voter League case against the Virginia State Electoral Commission erased the democratic will of the people of Virginia in law.
This story is repeated throughout the United States. A lawsuit after the lawsuit is filed to repeal state election fairness laws. In one case, Texas actually claims that the stamp you put in your absentee ballot is the same as the survey tax in the Jim Crow era.
All this reduces the real struggle for civil rights that took place half a century ago.
Lawyers are trying to achieve what the Congress failed to achieve in the courts. Judges are used as substitutes for the will of the people. People who apparently would like to be able to manipulate the election results attend forums for the most sympathetic courts. And in some places, plaintiffs and defendants agree that state election laws should be repealed without contested litigation. The case is filed, and the states are surrendering.
When I attended law school, this is not what they taught. The laws, at least we were told, represented the will of the people. They had to be respected. Lawyers, in particular lawyers from the state attorney general, are required to comply with the law ethically, even if they do not agree with it.
However, at one hearing I attended at a Virginia trial, a federal judge asked the Virginia Attorney General whether they ever intended to file a lawsuit to challenge the case. The lawyer hemmed and chopped off. The answer should be yes. Instead, it was a successful attempt to hide the answer.
Virginia’s only answer was a white flag.
So now the same people who support litigation across the country are still trying to postpone the election by mail. This will put the fate of the election in the hands of the same people who regularly deliver to you and your neighbor’s mail.
Voting by mail may sound good until you look at the data. The Federal Election Commission is monitoring the situation. Their data shows that 28 million newsletters sent by mail since 2012 simply disappeared. They were sent, but never returned and were counted. Some say they are in landfills; others say they are in filing cabinets. True, we do not know. All we know is that the newsletters never achieved what they were intended for.
It is getting worse. Hundreds of thousands returned, but had defects that interfered with their calculation. The voters who sent these ballots probably do not even know that their ballots were not counted after they sent them back.
Post voting also destroys the transparency of our elections. Observers on each side cannot observe the process. Mail ballots are extremely vulnerable to fraud because they vote behind closed doors, where third parties regularly try to influence the process. Older people already have the right to demand absentee ballots in each state.
People are surprised to learn that in the midst of the Ebola epidemic in 2014, personal elections were held in Liberia. Ebola mortality was 46%, but people still came to the polls and voted in person. The solutions were simple – disinfection, disinfection, surface disinfection.
Transferring the presidency to the United States Postal Service would be a serious mistake. However, some fractions do not care about mistakes. They are more concerned with transforming the electoral system so that they can transform the nation.
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J. Christian Adams is President of the Law Firm for Public Interest at Law Firm 501 (c) (3), which is fully dedicated to fair elections. He has served on the Trump Presidential Advisory Board and in the U.S. Department of Justice Voting Section.