DECEMBER 2020
A VOTE OF NO CONFIDENCE
Since the turn of this century, the United States has conducted six presidential elections. With the exception of 2012, when Mitt Romney gave an election night concession speech, conducting himself with a statesmanship that now seems anachronistic, there has not been a single contest that did not feature at least some accusation of fraud, and ultimately intimations of illegitimacy, hurled at the incoming chief executive, senators, or representatives, by his or her political opponents. This year, unsurprisingly, has lowered the bar so far that Verne Troyer wouldn’t be able to limbo under it. What is going on here?
I perused election related legislation of the past fifty odd years while thinking about this topic (you’re welcome…someone had to do it). Since 1965, when Congress passed the Voting Rights Act, finally eradicating the last vestiges of the Jim Crow system in the South, wherein blacks were systematically denied a fair opportunity to exercise their right to vote among other indignities, the focus has turned to “expanding access to the ballot box” and “reducing the influence of big money in politics”, to borrow language from a pending bill in Congress, H.R. 1, introduced in 2019 (named the “For the People Act”). Before this “landmark” legislation, there was the National Voter Registration Act (passed 1993, aka the “Motor Voter” Act), the Help America Vote Act (2002) and the McCain-Feingold campaign finance reform bill (2002). Looking at these bills reveals a constant and disturbing theme. Democrats are obsessed with the myth of ongoing and pervasive voter suppression. They see George Wallace and Bull Connor lurking behind even the most modest regulations or restrictions. Republicans, more so since the emergence of the Trumpists, are obsessed with the myth of widespread election fraud. They are haunted by the spectres of Boss Tweed and Mayor Richard Daley, blaming every defeat at the ballot box on some vast conspiracy perpetrated by some big city Democratic machine…or, most recently, Hugo Chavez and corrupted Dominion voting machines.
SPEAKING OF BANANA REPUBLICS…
If things go on like this, we are going to make Venezuela look like a model democratic society. Things have gotten out of hand. Both sides need to drop the overheated rhetoric. Every expansion of access or voting innovation is NOT some kind of conspiracy to commit fraud. Likewise, reasonable measures to combat fraud and insure electoral integrity do NOT impose some kind of undue burden on the voter.
I have no intention of attempting in this post to submit a comprehensive election reform statute. As I said, I read through some of those bills. Whew! What a mess. It’s clear to me now why most of our elected representatives went to law school. Only a trained lawyer could compose that kind of…what shall I say? Oh, President Elect Biden, what do you think? MALARKEY! Yes, that’s it.
Anyway, the Constitution (remember that thing?) directs that each state legislature is tasked with establishing the means and methods by which elections are to be conducted in their respective states, with some general Federal oversight (such as the 1965 Voting Rights Act) to ensure Constitutional compliance. Herewith, for the benefit of any state legislator who may be interested, some foundational principles to consider.
VOTING IS MORE IMPORTANT THAN A DRIVERS LICENSE, RIGHT?
Just spitballing here, but it seems to me the default position, when it comes to both registering to vote and the act of voting, should be to insist the prospective voter do that in person. We require citizens who wish to be licensed to drive to show up in person, provide proof of their identity, and even take a test. Is voting a less significant activity than driving? Is it too much to ask of our citizens to make the effort to show up in person to ensure the integrity of one of the cornerstones of our democratic system? I don’t think so. In fact, the process of registering to vote should be modeled on the process involved in getting your driver’s license. In order to be a properly registered voter, one must go in person to the local DMV with an identification to prove both your age and citizenship. If you are only 18 you will have to pass a written test on civics. Then you will be issued your voter registration card. Just like your driver’s license, it will expire at some point and you will be able to renew it online or by mail without needing to take the test again. If you move, all voter registrations will be honored by all other states. If you would like to vote in your new state with your old registration, simply fill out a postcard to notify your new state of your local address and voter registration number in order to be entered into that state’s database. Once the original registration expires, one must re-register in person in their new state, just like when your old driver’s license expires and you are living in a new state. I can already hear the anguished cries of ACLU junior staffers ringing in my ears. Okay, I’m a reasonable guy. You don’t want to take the test? You think that is an unfair burden? Fine. Then you have to wait until you are 21 to vote. That’s called a compromise.
What about actually voting? Again, basic principles apply. The default position is that there is a designated election day and if you want to vote you show up on that day in person and vote. No early voting. No online voting. No giving your ballot to some representative for the state to deliver for you (this is known as ballot harvesting and is ripe with fraud). Again, I am a reasonable guy. I propose states implement a four day voting window. From the previous Saturday through the actual election Tuesday, all registered voters can vote in person at any time during that window. Now, before everyone goes ballistic on me, I am simply saying this is the default norm. Of course there will special circumstances. If a properly registered voter (see above) desires to vote but cannot show up in person during that 96 hour window, they will have to request permission, either by a simple postcard or online, to receive an absentee ballot (for out of state voters or military) or a mail in ballot (for those who are physically unable to get to the polls). Their vote must be postmarked by election day in order to count. I am not about to decree the ballot must arrive by election day and make someone’s vote dependent on the efficiency of the U.S. Post Office. What kind of kook do you think I am? (Don’t answer that.)
A REPUBLIC, IF YOU CAN KEEP IT…
Despite the generally lighthearted nature of this post, I take voting very seriously. I think it deserves to be rescued from the partisanship that has so skewed our thinking about this issue. I’ll close by reminding us all that voting is the right of every citizen. However, let us not forget that along with that right are concomitant responsibilities that we need to take seriously again if we want to keep the Republic bequeathed to us by the Founders.
A LITTLE NIGHT LANGUAGE
Tonights word: ENSORCELLED. It means to be enchanted by or fascinated by; to fall under the spell of someone or something.
What a great word. Well, until next time…