Early Voting Violates Constitution
By Bradley Blakeman
Newsmax.com
The U.S. Constitution sets forth the following criteria for the date of presidential elections in Article 2, Section 1:
“The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Congress sets a national Election Day. Currently, Electors are chosen on the Tuesday following the first Monday in November, in the year before the President's term is to expire. The Electors cast their votes on the Monday following the second Wednesday in December of that year. Thereafter, the votes are opened and counted by the Vice President, as President of the Senate, in a joint session of Congress.
Our Founding Fathers specifically set forth “a
national Election Day” — not days. In the early days
of national elections it was no easy logistical task
to vote. People had to plan to cast their ballot.
Many citizens had to endure long travel and hardship
to cast their ballot on a single day.
You would think that the authors of the Constitution
in light of the hassle citizens had to go through to
exercise their right to vote would have provided a
period of days for ballots to be cast. The fact is
they didn’t. I believe the Founding Fathers set
forth one day for voting because they knew that in
order to best execute a fair election and in order
for Americans to understand and appreciate their
right to vote that voting should involve some level
of “sacrifice” of time and effort.
Although our Founders did not set forth by date the
day for national elections they knew that Congress
at the time convened in December and adjourned in
March. Congress met during these months because
members were part-time legislators who primarily
were farmers and that was the most convenient time
for them to be gone from their livelihoods.
In 1792, Congress passed a law establishing November
as the month for presidential elections to be
conducted. This gave enough time for elections to be
conducted, for voting and tabulating to take place
before the next legislative session. In 1845,
Congress set forth that “the first Tuesday after the
first Monday in November” became the official day of
presidential elections. Now you may ask yourself,
why Tuesday? The answer is that many people had to
travel great distances to cast their vote so Mondays
was planned for as a day of travel. Sunday was never
even considered because of its religious
significance.
If our founding fathers saw no need for elections to
be conducted over days and weeks in light of the
inconvenience and sacrifice required at the time,
why now in 2012, when travel and access to polling
places is so convenient do we disregard the
constitutional requirement for national elections to
be conducted on just one day?
People should vote at the conclusion of an election,
not in the “third act” of the play. Who leaves Game
7 of the World Series in the 5th inning when both
teams are tied?
Today, early voting is affectionately called by
proponents “no excuse” absentee voting. I call it
“unconstitutional voting” or “lazy voting.” There
are 31 states that allow early voting without
excuse. Voters in these jurisdictions can cast
ballots between as few as four to as many as 50 days
before an election.
Early voting cheats a candidate and the process. A
candidate is cheated by a system that cuts off their
ability to campaign right up to and including
Election Day. The process is hurt because although
it is a government function to administer an
election it is the people’s job to keep it honest.
With early voting it is impossible for a candidate
or a party to insure the integrity of the election
process over a long period of time. Most campaigns
rely on volunteers to help them execute a get out
the vote effort. Maintaining a volunteer effort for
a long period of time is unfair and almost entirely
impossible to conduct.
It certainly makes sense for there to be absentee
ballots. However, absentee ballots should only be
used for excuse not convenience. If someone is ill,
serving in the military, on business travel, or
there exists an emergency they certainly should be
provided with an absentee ballot.
The Constitution is clear. Congress is given the
responsibility to set a single day for a national
election — not days. States have no right to subvert
the clear directive and intent of the U.S.
Constitution when it comes to national voting.
States have absolutely no say in setting the day for
a national election nor should they have a say in
how a national election should be conducted. If the
founding fathers wanted such power reserved to the
states they would have done so.
In addition, if we can send a man to the moon, why
can’t we have a national voting standard for casting
ballots in national elections?
Why do we not have standardized voting machines that
must be used by every state, county, city, town and
village? Why in 2012 do we have such diverse and
unreliable voting standards that allow for
irregularity or worse? Some polling places still use
paper ballots, some use computers, and some use
machines of one kind or another.
Did we not learn any lessons from the “hanging,
pregnant, and dimpled” chads of the presidential
election of 2000?
America needs to get back to basics and fairness. It
is not about making it “easy” to vote. It should be
about making the voting process fair and accessible
for all eligible voters.
Early voting is a subversion of the clear language
of the Constitution. Hopefully a legal challenge
would make its way to the Supreme Court. I believe
that the high court would ultimately determine that
Congress does not have a compelling interest in
creating a law that clearly is in disregard of the
constitutional standard.
Citizenship requires sacrifice. Certainly the
sacrifice of those who voted in the late 1700s and
through the 1800s and early 1900s overshadows any
“sacrifice” in 2012.
Today there is little or no sacrifice that justifies
the need for early voting. The harm done to
candidates, parties, and process demands that early
voting be stopped ASAP.
Bradley A. Blakeman served as deputy
assistant to President George W. Bush from 2001-04.
He is currently a professor of Politics and Public
Policy at Georgetown University and a frequent
contributor to Fox News Opinion. Read more reports
from Bradley Blakeman —
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