The only thing necessary for the triumph of evil is for good men to do nothing -- Edmund Burke

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The Liberal Assault on Our Federal Republic

Part X: "Conclusions"

Michael A. Wallace

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September 15, 2002

Section 2

Section 501 – Levies Minimum Standards for State Election Systems

Section 501 states that the "chief State election official of each State shall certify in writing to the Election Assistance Commission that--

"…in administering election systems, the State is in compliance with the existing applicable requirements of the Voting Rights Act of 1965, the National Voter Registration Act of 1993, the Uniformed and Overseas Citizens Absentee Voting Act, the Voting Accessibility for the Elderly and Handicapped Act, and the Americans With Disabilities Act of 1990; and"

"the State has enacted legislation to enable the State to meet each of the minimum standards for State election systems described in section 502."

It is left up to the States to choose the methods of implementing the legislation.

Section 502 – Mandates Standards

Section 502 directs that:

States "implement an official Statewide voter registration system networked to every local jurisdiction in the State, with provisions for sharing data with other States…" and then notes an exception.  If a State has no voter registration requirement for election to federal office, they are exempt from this provision.

"The State election system includes provisions to ensure that voter registration records in the State are accurate and are updated regularly, including the following:"

"A system of file maintenance that removes registrants who are ineligible to vote from the official list of eligible voters.  Under such system, consistent with the National Voter Registration Act of 1993, registrants who have not voted in 2 or more consecutive general elections for Federal office and who have not responded to a notice shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote."

"Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters."

"The State permits, by the deadline required under section 504(b), in-precinct provisional voting by every voter who claims to be qualified to vote in the State, or has adopted an alternative which achieves the same objective, except that this paragraph shall not apply in the case of a State in which, under law in effect continuously on and after the date of the enactment of this Act, all votes in the State in general elections for Federal office are cast by mail."

"The State has adopted uniform standards that define what will constitute a vote on each category of voting equipment certified for use in the State."

"The State has implemented safeguards to ensure that absent uniformed services voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act) and overseas voters (as defined in section 107(5) of such Act) in the jurisdiction have the opportunity to vote and to have their votes counted."

"The State requires new voting systems to provide a practical and effective means for voters with physical disabilities (including blindness) to cast a secret ballot."

"If the State uses voting systems which give voters the opportunity to correct errors, the State shall ensure that voters are able to check for and correct errors under conditions which assure privacy.  States, and units of local government within the States, procuring new voting machines within their jurisdiction, except for States and units replacing or supplementing existing equipment (within the same voting system), shall ensure that the new voting system gives voters the opportunity to correct errors before the vote is cast."

Section 503 – Provides Enforcement

Section 503 concerns enforcement and includes a provision that levies a timeline in which provisional voting must be implemented.  It states:

"…if a State does not provide a certification under section 501 to the Election Assistance Commission, or if the Commission has credible evidence that a State's certification is false or that a State is carrying out activities in violation of the terms of the certification, the Commission shall notify the Attorney General."

"…After receiving notice from the Commission under subsection (a), the Attorney General may bring a civil action against a State in an appropriate district court for such declaratory or injunctive relief as may be necessary to remedy a violation of this title."

"…The minimum standard described in section 502(3) (relating to permitting in-precinct provisional voting) shall apply with respect to the regularly scheduled general election for Federal office held in November 2002 and each succeeding election for Federal office, except that if the chief State election official of a State certifies that good cause exists to delay the implementation of such standard in the State, the standard shall apply in the State with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office held in the State."

Section 604 – A Nasty Surprise for Voter's March

Section 604 proposes major changes with respect to simplifying voter registration and absentee ballot application procedures for absent uniformed services and overseas voters.  This is not something that Voter's March wanted to happen, because they avoided the subject entirely.  I discussed this in Segment VI of the Liberal Assault series.  This section makes it clear that there is no effect on voter removal programs that the States maintain.  There are no special provisions for military or overseas voters.

Section 606 – More Bad News for Voter's March - Polling Stations on Military Installations

Section 606 addresses the issue I also discussed in Segment VI.  The Clinton Administration attempted to suppress the military vote in the 2000 election by first precluding and then belatedly relenting in the establishment of polling stations on military installations.  This section not only allows polling stations on military installations, it also directs appropriate changes to the Code that Clinton cited, through his Secretary of Defense, in issuing his edicts against the military vote in the 2000 election.

Section 802 – Protecting the Integrity of the Election Process

Section 802 amends section 8(b)(2) of the National Voter Registration Act of 1993 by inserting language that clarifies the ability of election officials to remove registrants on grounds of change of residence, but does not address fraud induced through the NVRA of 1993.  The section also prohibits efforts of poll workers to coerce voters to cast votes for every office on a ballot.

Section 803 – No Restriction or Limit on Other Laws

Section 803 states that "…Nothing in this Act and no action taken pursuant to this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965, the National Voter Registration Act of 1993, the Voting Accessibility for the Elderly and Handicapped Act, or the Americans with Disabilities Act of 1990."

 

 

 

Liberal Assault on Our Federal Republic Series


Copyright © Copyright © 2020, 2003, 2004 by Michael A. Wallace & America's Voices, Inc.  All rights reserved.
Michael A. Wallace is a registered Republican, a former Eagle Scout, a Lifetime Member of the National Rifle Association, a strong believer in Second Amendment rights, a retired Marine officer, and a pro-life advocate –- all things liberals seem to dislike.  In addition to his affiliation with America's Voices, Mike is a founding member of ConservaVets, a conservative veteran's organization (which has since become Rally4America).  Mike uses thorough constitutional and historical research to analyze and explain key moral and political issues of the day.  He particularly enjoys debunking the myths and lies perpetrated by the many liberal groups who claim to speak for most Americans and by those who misrepresent Constitutional principles to further their own agendas.  E-mail Mike at mwallace@americasvoices.org.

 

Mike's constitutionally-focused series, written exclusively for America's Voices, include:

 

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