Election official

“ 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. ”

“ Each petty political unit having a municipal government of its own comprises a voting precinct. If at the first ballot no candidate in the district receives a majority of all the votes cast, a second ballot is taken, when a simple plurality is decisive. A noteworthy feature of the system is the fact that voters who on account of illness, military service, or other valid reason, are unable to appear at the polls are permitted to transmit their votes in writing to the proper election officials. ”

“ 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. ”

“ 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. ”

“ After a long and unsatisfactory experience in the United States of the nomination of candidates for public office by conventions of delegates, the people have been rapidly discarding that system within the last few years, replacing it by the institution of primary elections, at which candidates for the subsequent election are selected by direct vote. ”

“ The subject-matter is the 'times, places and manner of holding elections for senators and representatives.' It cannot be doubted that these comprehensive words embrace authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns ”

“ 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. ”

“ If this is accomplished, we shall then have the three great departments of the Government in the grasp of the "gerrymander," the legislative and executive directly and the judiciary indirectly through the power of appointment.
An election implies a body of electors having prescribed qualifications, each one of whom has an equal value and influence in determining the result. ”

“ The attention of Congress can not be too earnestly called to the necessity of throwing some greater safeguard over the method of choosing and declaring the election of a President. Under the present system there seems to be no provided remedy for contesting the election in any one State. ”

“ Therefore—and consistent with the states’ traditional authority over the administration of elections within their jurisdictions—it is an individual state that has the initial responsibility for resolving a challenge, recount, or contest to the results of a presidential election within that jurisdiction. The state rules and procedures for filing election contests generally, and with respect to the selection of presidential electors specifically, may vary greatly from state to state. ”

“ The qualifications of the electors being the same as those of the representatives for the state legislatures, and the election being under the control of the legislature, the prohibitory provisions against undue means of procuring votes to the state representation extend to the federal representatives: the extension of the sphere of election to so considerable a district will render it impossible for contracted influence, or local intrigues, or personal interest, to procure an election. ”

“ 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. ”

“ The legitimacy of our republic rests on the foundation that our elections—whether for President of the United States or any other office—are transparent, fairly administered, and above board. With the undeniable knowledge of illegal changes to various state election laws, enacted by parties other than the respective state legislatures, we (the Congress) constitute the last line of defense in ensuring the trust of our citizens in the integrity of their ballots. ”

“ Different provisions of the Constitution govern the selection of the President and the Vice President. Article [p291] II and the Twelfth Amendment provide for election by electors. Article II specifies that each State shall appoint electors "in such Manner as the Legislature thereof may direct." Because the Constitution does not require the popular election of members of the electoral college, it does not specify the qualifications that voters must have when the selection of electors is by popular election. ”

“ Inquiries will be made, by the voters, into the characters of the candidates. Greater talents, and a more extensive reputation, will be necessary to procure an election for the federal than for the state representation. ”

“ It has been found necessary to pass many laws for the regulation of important elections, with a view to the prevention of bribery and corruption. In the United States, Federal laws regulate the election of Federal government-officials, such as the president, vice-president and members of Congress, while state-laws regulate the election of state officials. ”

“ But if no one have a majority of the actual number of electors appointed, how is he to be chosen? From the five highest on the list, by ballot of the lower house, and the votes to be taken by states. I conceive he ought to be chosen from the two highest on the list. This would be simple and easy; then, indeed, the people would have some agency in the election. But when it is extended to the five highest, a person having a very small number of votes may be elected. This will almost constantly happen. The states may choose the man in whom they have most confidence. ”

“ I wanted to give the people serving in government in the contested States the opportunity to do whatever they felt they needed to do to make sure that their election was properly reflected. I spent an enormous amount of time reaching out to State government officials in those States, but in none of the contested States—no, not even one—did I discover any indication that there was any chance that any State legislature or secretary of state or Governor or Lieutenant Governor had any intention to alter the slate of electors. That being the case, our job is a very simple one. ”

“ 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. ”

“ There is an argument for electing the chief executive of a city, a state or the nation, by popular vote, and the same holds in the case of the lower house of the legislature where a bi-cameral system exists, but there is no argument for the popular election of the administrative officers of a state. There is even less,—if there can be less than nothing—for the changes in personnel that take place after every election. ”

“ Our Constitutionally guaranteed republican form of government relies on free, fair, and honest elections to select our representatives and leaders. The standards listed here shall be used by our local, state, and federal legislators as a metric for reviewing and revising election law to ensure free, fair, and honest elections where the outcome is accepted by all citizens of good will. ”

“ And right here in order to fully realize the force and sweep of the numerical system of government we should remember that the effect of the vote of the electorate is not confined to the directly elective offices; it extends to the appointive offices as well; for the appointing power, whether President, Governor, Senate or Legislature being chosen by election, is under the necessity of selecting his or its appointees from those of its supporters who control the most votes. ”

“ Specific provisions insure equality of treatment in the mailing of campaign literature; require adequate safeguards to insure a fair election, including the right of any candidate to have observers at the polls and at the counting of ballots; guarantee a 'reasonable opportunity' for the nomination of candidates, the right to vote without fear of reprisal, and, pertinent to the case before us, the right of every member in good standing to be a candidate, subject to 'reasonable qualifications uniformly imposed.' 29 U.S.C. §§ 481 (c) , (e) . ”

“ But each state shall have at least one representative. The electors will reside, widely dispersed, over an extensive country. Cabal and corruption will be as impracticable, as, on such occasions, human institutions, can render them. The will of freemen, thus circumstanced, will give the fiat. The purity of election thus obtained, will amply compensate for the supposed defect of representation; and the members, thus chosen, will be most apt to harmonize in their proceedings, with the general interests, feelings, and sentiments of the people. ”

“ He dare not utter a word without incurring its penalties. In this country, every public question connects itself with our elections. If there be two candidates for any State Legislature, and the election should turn upon internal improvements, or the division of a county, the officer is as much exposed to the universal sweep of this bill, in case he utters a word in favor of the one or against the other, as though it were the Presidential election. ”

“ All citizens now vote as members of industrial, social, or professional groups, regardless of their residence. Thus the electorate consists of solidified, unified, and intelligent groups who elect only their best members to positions of governmental trust and responsibility. There is one exception to this scheme of functional or group suffrage: The election of a federal chief executive every six years is by nation-wide ballot, and no citizen casts over one vote. ”

“ It should come as no surprise that Republican officeholders have recognized the election results as legitimate and accurately determined in an election that was conducted safely, securely, and with integrity. ”

“ A partial and qualified supervision of these elections is now provided for by law, and in my opinion this law may be so strengthened and extended as to secure on the whole better results than can be attained by a law taking all the processes of such election into Federal control. The colored man should be protected in all of his relations to the Federal Government, whether as litigant, juror, or witness in our courts, as an elector for members of Congress, or as a peaceful traveler upon our interstate railways. ”

“ It has generally been supposed that the present executive was created in order to avoid the very evils of a distracted and divided council, which this new construction has a direct tendency to revive. But a presidential election has ever proved, and probably will ever prove, stronger than any written fundamental law. ”

“ Madam Speaker, I join the objection to counting votes of electors from my home State of Arizona, as well as Georgia, Pennsylvania, Wisconsin, Michigan, and Nevada, because election integrity is the heart of our American constitutional republic?
In a representative form of government, we must be able to trust that our elections accurately represent the will of the American voter. This is the appropriate forum anticipated and provided for by our Founders to debate whether this election complied with the Constitution that we have all sworn to protect. ”