Go to podcast
by Common Sense with Jason Davis
Common Sense



Article I
Legislative Branch
Section 4: Elections

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

According to constitutioncenter.org;
The Elections Clause is the primary source of constitutional authority to regulate elections for the U.S. House of Representatives and U.S. Senate. The Clause directs and empowers states to determine the “Times, Places, and Manner” of congressional elections, subject to Congress’s authority to “make or alter” state regulations. It grants each level of government the authority to enact a complete code for such elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results.
Although the Elections Clause makes states primarily responsible for regulating congressional elections, it vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically displace (“preempt”) any contrary state statutes, or enact its own regulations concerning those aspects of elections that states may not have addressed. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. They empowered Congress to step in and regulate such elections as a self-defense mechanism.
On occasion, Congress has exercised its power to “make or alter” rules concerning congressional elections, and some of its laws lie at the very heart of the modern electoral process.
It has established a single national Election Day for congressional elections, and mandated that states with multiple Representatives in the U.S. House divide themselves into congressional districts, rather than electing all of their Representatives at-large.
Congress also has enacted statutes limiting the amount of money that people may contribute to candidates for Congress, requiring that people publicly disclose most election-related spending, mandating that voter registration forms be made available at various public offices, and requiring states to ensure the accuracy of their voter registration rolls.
The power of states and Congress to regulate congressional elections under the Elections Clause is subject to implicit limits.
Fundamentally, neither entity can enact laws under the Elections Clause that violate other constitutional provisions.
For example, the Constitution specifies that anyone who is eligible to vote for the larger house of a state legislature may vote for the U.S. House and U.S. Senate as well. The Elections Clause does not permit either the states or Congress to override those provisions by establishing additional qualifications for voting for Congress.
Likewise, the Fourteenth Amendment to the U.S. Constitution protects the fundamental right to vote, barring states from needlessly imposing substantial burdens on the right.
When a law specifies that a person must satisfy certain requirements or follow certain procedures in order to vote, a court must determine whether it is a reasonable regulation of the electoral process under the Elections Clause, or instead undermines the right to vote.
Laws requiring people to register to vote in advance of elections or mandating that they vote at their assigned polling places are exactly the types of restrictions that the Elections Clause permits.
So, to simplifiy the elections clause, there is a mixed bag of rules, regulations involved on a state and federal level, as well as local levels of government,
A law requiring you to vote by mail though may be a fundamental violation of the fourteenth amendment.
This may be considered an undue burden, not just for the voter, but for state and local agencies as they attempt to implement a vote by mail process.
Let us look at the election debacle of 2000.
There was the hanging chad, this voter intended to vote this way, and some many other insane comments made by a canvassing board in south Florida. All eyes were on Palm Beach County Florida as the inspecting, counting and recounting of ballots took place.
It very quickly became a media circus.
This was just one county in Florida, It took over 30 days to rectify the problem, and the Supreme court of the United states had to get involved, otherwise the count would have dragged on for months.
Little fact is that Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors") actually has a time limit.
The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
I read that to mean, one week after the election to choose the elector for the electoral college.
So here we are. The talking heads are throwing out there into the public discussion that they want a vote by mail elections. So lets us dissect that idea for a moment.
First off, let me premise this conversation by saying, there are a lot of dishonest people out there. That is why we have laws.
When you go into a poll to vote, you have to show some sort of id, yes every state does require that so they know where your district is for congressional seat, county elections districts etc. Every state I have ever lived in and voted in has required that.
Basically that ends the conversation of voter id.
In a vote by mail you can apply to vote anywhere, Just as long as you have an address somewhere in the state, you can register in that state.
So someone lives in New York State, and they have an address of a family member in florida, they can register in Florida as a voter with that address. That I itself is not illegal.
Some people will register in Florida, and New York, and vote in both places. It already happens.
The problem here is that the States do not cross reference with other states to see who is double or triple registered.
Then they request an absentee ballot, sent to their “Vacation home” in New York, and it is sent. No questions asked.
Bang! Voter fraud.
The Democratic side of the government has bee claiming for 4 years now that the Russians have interfered in our elections.
Making all elections mail in would guarantee that someone in some foreign country, or even some domestic criminal, is going to try to interfere in our election by mass producing fake ballots. Mailing them out, or just filling the out, and mass sending them back to the election supervisors office. Thus inundating the Supervisors office, and basically causing a possibility of inaccurate counts.
Statistically speaking, 50% of all residents of the united states are registered to vote, and only about 50% actually do vote.
So if there are 50% voter turn outs, a yellow flag should go up, this is a reason for some sort of investigation.
If there should be 75 to 100 plus percent turnout, and I have heard of the 100 plus percent turnout before, there should be a major investigation, and a holding of the election results until all of the ballots are verified.
Unfortunately this will take time. The outcome of the elections would be held up, and someone should go to jail.
I have sat on canvassing boards. Let me say, they are extremely boring.
Her in Volusia County Florida, we have spent millions of dollars getting our absentee, mail in votes, counted correctly.
We have invested in some very remarkable equipment that sorts and counts our votes, and we randomly pull votes from our mailed in ballots.
We check these random ballots for signatures, over votes, under votes, if the voter is alive, many different parameters.
If it passes the muster, then it is counted with the rest of those in the bin, by hand, then the count is verified then and only then do they run them through the machine for the final tally.
This is a very pains taken process. Did I say boring before?
The cost and time of this counting is long and tedious. Could you just imagine if all the national ballots, of somewhere in the neighborhood of 120 million votes?
Our elections results would be delayed, voter fraud would run rampant, and we would be the laughing stock of the entire world.
The saving grace of all this is that the congress would have to pass a bill to enact mail in ballots, the senate would have to also pass that bill, and the President would have to sign it into law.
At this moment in time, we are safe, unlike what the talking heads are saying that they want to make it happen right now. They cannot, and I can guarantee that the republican lead senate and this President would not pass it through.
Especially with a House of Representatives that are just about impeaching Trump and not doing anything else.
So yes, as you have just heard, if there was a national mail in ballot program, there would be so much corruption, fraud, and cost in involved. It would be total mayhem, and we would not have viable results for months.
So fear not my fellow American, we will be running our elections as normal, walking into the polls, just as you walk into wal-mart, home depot, lowes, or any other store in America. Just wash your hands, keep your distance, wear your mask, and use some common sense.



by Common Sense with Jason Davis