Election law

“ But the majority view is in each instance within the bounds of reasonable interpretation, and the law as declared is consistent with Article II.
1. The statute does not define a "legal vote," the rejection of which may affect the election. The State Supreme Court was therefore required to define it, and in doing that the court looked to another election statute, § 101.5614 (5) , dealing with damaged or defective ballots, which contains a provision that no vote shall be disregarded "if there is a clear indication of the intent of the voter as determined by the canvassing board." ”

“ The new mode of trying elections, if it be found effectual, will diffuse its consequences further than seems yet to be foreseen. It is, I believe, generally considered as advantageous only to those who claim seats in parliament; but, if to choose representatives be one of the most valuable rights of Englishmen, every voter must consider that law as adding to his happiness, which makes his suffrage efficacious; since it was vain to choose, while the election could be controlled by any other power. ”

“ Also, the State is not required to first submit the new enactment to the Attorney General as it may go directly to the District Court for the District of Columbia. The provision for submission to the Attorney General merely gives the covered State a rapid method of rendering a new state election law enforceable. [5] Once the State has successfully complied with the § 5 approval requirements, private parties may enjoin the enforcement of the new enactment only in traditional suits attacking its constitutionality ”

“ Nor did the District Court's vague concerns about voter confusion and low voter turnout in a special election for the unprecleared seats justify its refusal to enjoin the illegal elections. Voters may be more confused and inclined to avoid the polls when an election is held in conceded violation of federal law. Finally, the District Court's stated purpose to avoid possible challenges to criminal and civil judgments does not justify allowing the invalid elections to take place. ”

“ Fourth. "That the Congress may by law deprive the electors of a fair choice of their representatives, by fixing improper times, places, and modes of election."
Every House of Representatives are of necessity to be the judges of the elections, returns, and qualifications of its own members. It is therefore their province, as well as duty, to see that they are fairly chosen, and are the legal members; for this purpose, it is proper they should have it in their power to provide that the times, places, and manner of election should be such as to insure free and fair elections. ”

“ Those who have been for years calling attention to the pressing necessity of throwing about the ballot box and about the elector further safeguards, in order that our elections might not only be free and pure, but might clearly appear to be so, will welcome the accession of any who did not so soon discover the need of reform. The National Congress has not as yet taken control of elections in that case over which the Constitution gives it jurisdiction, but has accepted and adopted the election laws of the several States, provided penalties for their violation and a method of supervision. ”

“ Federal law, in what is known as the “safe harbor” provision, provides that if a state, under its established statutory procedure, has made a “final determination of any controversy or contest” relative to the presidential election in the state, and if that determination is completed under this procedure at least six days before the electors are to meet to vote, such determination is to be considered “conclusive” as to which electors were appointed on election day (3 U.S.C. §5) . ”

“ While the federal government has not thought it advisable to provide for separate elections for congressmen, nor to interfere with the general laws for the conduct of those elections passed by the states, it has enacted the sections above referred to, and among others those for the punishment of persons who violate the election laws at an election where votes are cast for a member of congress. ”

“ As will appear by the report of the committee (House Report No. 18, 53d Cong., 1st session) and debates in the House and Senate during the discussion of the repealing act of 1894, Congress took the view that as elections were held under state laws, by state officers who were subject to punishment by the state for a violation of the election laws, they should not be subject to indictment in the United States courts. The express and avowed intent was to repeal all statutes which gave Federal courts jurisdiction over elections and over offenses committed by election officers. ”

“ To secure a fair, untrammeled expression of popular will in the initiatory step of making nominations, a system of primary election laws has been evolved, and now exists in almost every State. The early forms applied where parties voluntarily, in primary elections, made nominations, sometimes of candidates by direct vote, but more often only of delegates to conventions, all under party management and control, subject to such public laws; the later forms are mandatory, requiring all parties to nominate candidates, or delegates, at an official primary election, under public control. ”

“ In the analogous area of legislative apportionment, we have often tolerated a temporary dilution of voting rights to protect the legitimate interests of the States in fashioning their own election laws, see, e.g., Lucas v. ”

“ It is contended that Congress has no power to regulate the amount of money that may be expended by a candidate to secure his being named in the primary election; that the power 'to regulate the manner of holding elections,' etc., relates solely to the general elections where Senators or Representatives are finally chosen. Why should 'the manner of holding elections' be so narrowly construed? An election is the choosing of a person by vote to fill a public office. ”

“ Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law. ”

“ It was clearly, however, in the contemplation of the framers of the Constitution that such an exigency might arise, and provision was wisely made for it. The freedom of the ballot is a condition of our national life, and no power vested in Congress or in the Executive to secure or perpetuate it should remain unused upon occasion. The people of all the Congressional districts have an equal interest that the election in each shall truly express the views and wishes of a majority of the qualified electors residing within it. ”

“ It has been found that to require the electors to designate the persons for whom they vote as the President and Vice-President, respectively, has a tendency to secure a choice by the electoral votes, and therefore to prevent the election from being thrown into the House of Representatives; and it has also been deemed expedient, when the election has devolved on the House of Representatives, to confine the choice of the States to the three highest candidates on the list returned by the electors. ”

“ But if I am wrong thus far-if the word 'elections' in article I, section 4, of the Constitution must be narrowly confined to the single and definitive step described as an election at the time that instrument was adopted-nevertheless it seems to me too clear for discussion that primary elections and nominating conventions are so closely related to the final election, and their proper regulation so essential to effective regulation of the latter, so vital to representative government, that power to regulate them is within the general authority of Congress. ”

“ These enactments had direct and immediate reference to elections by the people, and decisions sustaining them do not control the present controversy. Congress clearly exercised its power to regulate the manner of holding an election when it directed that voting must be by written or printed ballot or voting machines. ”

“ In many places the primary elections have at times degenerated into selfish partisan organizations from which the majority of the voters of the party were excluded. Abuses of this nature have led to the passing of laws in many states for rigidly regulating the primary elections. These laws in the main provide that sufficient public notice of the meeting shall be given, that the voting shall be by ballot, that the election-officials shall be sworn, that frauds shall be duly punished and that the expense involved, except in a few cases, shall be borne by the state. ”

“ However awkward or difficult it may be for Congress to resolve difficult electoral disputes, Congress, being a political body, expresses the people's will far more accurately than does an unelected Court. And the people's will is what elections are about.
Moreover, Congress was fully aware of the danger that would arise should it ask judges, unarmed with appropriate legal standards, to resolve a hotly contested Presidential election contest. Just after the 1876 Presidential election, Florida, South Carolina, and Louisiana each sent two slates of electors to Washington. ”

“ We cannot regard it as any the less the constitutional purpose, or its words as any the less guarantying the integrity of that choice, when a state, exercising its privilege in the absence of Congressional action, changes the mode of choice from a single step, a general election, to two, of which the first is the choice at a primary of those candidates from whom, as a second step, the representative in Congress is to be chosen at the election. ”

“ It is a plain fact of history that the Framers never imagined that the national Congress would set the qualifications for voters in every election from President to local constable or village alderman. It is obvious that the whole Constitution reserves to the States the power to set voter qualifications in state and local elections, except to the limited extent that the people, through constitutional amendments, have specifically narrowed the powers of the States. ”

“ While the Constitution contains no express provision requiring that Congressional election districts established by the states must contain approximately equal populations, the Constitutionally guaranteed right to vote and the right to have one's vote counted clearly imply the policy that state election systems, no matter what their form, should be designed to give approximately equal weight to each vote cast. ”

“ After such an example, it can not be said that indirect popular election is never advantageous. Under certain conditions it is the very best system that can be adopted. But those conditions are hardly to be obtained in practice except in a federal government like that of the United States, where the election can be intrusted to local bodies whose other functions extend to the most important concerns of the nation. ”

“ It is manifestly impossible, amid the hurry and excitement of an election, that the legal right to vote, of every person who may offer his ballot, should be fully and fairly investigated and decided. The experience of many of the older States has proved that this can best be done at some period prior to the election, so as to give to every legal voter, in an election precinct, an opportunity to challenge the claim of any person whose right is deemed questionable. ”

“ In view of the authorities it cannot be doubted that the courts may, when substantial justice requires it, ascertain the precise hour when a statute took effect by the approval of the executive. But it may be argued that the rule does not apply where the inquiry is as to the time when constitutional provisions became operative by popular vote; that a popular vote, given at an election covering many hours of the same day, should be deemed one indivisible act, effectual, by relation, from the moment the electors entered upon the performance of that act, to wit, from the opening of the polls. ”

“ Experience has shown that the load of responsibility placed upon the voters by these new measures was sometimes more than they were willing to bear. The scanty primary votes, and the inattention to some of the referendum and initiative questions put on the ballots, were seized upon as showing that the voter was interested only in men. On the other hand, the ballots of most cities, towns and states were loaded down with long lists of officers to be chosen at each election, so that the “vote for men” was in many cases a vote in the dark. ”

“ Whatever doubt may have been expressed or felt whether this statute applied to the canvassers of a presidential election, or whether the words prima facie really meant prima facie, or whether "courts of justice," and "civil officers," included the Electoral Commission and the two Houses of Congress, there can be no doubt that "the returns of the elections thus made and promulgated" do not include returns canvassed without jurisdiction, or made under cover of pretended affidavits which the returning officers themselves caused to be forged. ”

“ The calls for 'other elections for said city, town, or township' are addressed to the legal voters, and legal voters only are allowed to vote. The act, though carelessly drawn, clearly meant to restrict the election to the voters, and the approval of the 'inhabitants' was to be indicated by the vote of a majority of the legal voters. This approval the finding of the court shows was obtained. ”