Free and fair elections

“ Congress, states and local governments need to undertake a top-to-bottom review of election law and administrative polices to ensure that elections are free and fair.
The future of our Nation depends on it. ”

“ It is a process that works and is fair and equitable to everyone in the state. It is not unfair, it does not suppress voting, and it provides an orderly, secure method for conducting elections and counting votes in a timely fashion. Everyone has the ability to do their civic duty with a minimum amount of effort—no drama, no long lines and waits, and a process that is free and fair to all candidates. Votes are tabulated, and results are provided in a timely fashion on election night. ”

“ I hope, as the Nation’s anger cools, we can channel that energy into essential electoral reforms at the State level. America is admired around the world for our free elections. We must—we absolutely must fix this mess and restore confidence and integrity to our elections. ”

“ No interest can be truly subserved, whether local or general, by any invasion of this great principle. The wise work of our fathers in constructing this Government will stand all tests of internal dissension and revolution, and all tests of external assault, if we can only preserve a pure, free ballot. [Applause.] Every citizen who is a patriot ought to lend his influence to that end, by promoting necessary reforms in our election laws and by a watchful supervision of the processes of our popular elections. We ought to elevate in thought and practice the free suffrage that we enjoy. ”

“ All elections ought to be free, and every qualified elector who feels his own independence as he ought, will act his part according to his best, and most enlightened judgment. Elections are the immediate acts of the people's sovereignty, in which no foreigners should be allowed to intermeddle. Upon free and unbiassed elections, the purity of the government, and consequently the safety and welfare of the citizens, may I not say altogether depend. ”

“ Let the capitalist be there, and the worker, and the bureaucrat, and the priest, and the doctor and the teacher--let everyone, whoever they are, elect their representatives. Let everyone be free and equal in his voting rights, and to that end order that elections to the Constituent Assembly be conducted under universal, secret and equal suffrage. ”

“ Can it be doubted that congress can, by law, protect the act of voting, the place where it is done, and the man who votes from personal violence or intimidation, and the election itself from corruption or fraud? If this be so, and it is not doubted, are such powers annulled because an election for state officers is held at the same time and place? Is it any less important that the election of members of congress should be the free choice of all the electors, because state officers are to be elected at the same time? ”

“ The only absolute principle in this matter is, that election should be free, and should truly display the true thoughts and real wishes of the electors. If open voting puts a serious restraint on liberty of elections and perverts their results, it ought to be abolished. Doubtless such a condition argues infirmity of liberty and timidity of morals, and proves that a portion of society is in conflict with influences which it is afraid to shake off, though it ardently desires to be rid of them. ”

“ Believing that the elective franchise and untrammelled ballot are essential to a government of, for, and by the people, the People's Party condemn the wholesale system of disfranchisement adopted in some States as unrepublican and undemocratic, and we declare it to be the duty of the several State legislatures to take such action as will secure a full, free, and fair ballot and an honest count. ”

“ The free and honest popular ballot, the just and equal representation of all the people, as well as their just and equal protection under the laws, are the foundation of our Republican institutions, and the party will never relent its efforts until the integrity of the ballot and the purity of elections shall be fully guaranteed and protected in every State. ”

“ 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. ”

“ But a principal bulwark of freedom is the right of election. An equal distribution of property is the foundation of a republic; but popular elections form the great barrier, which defends it from assault, and guards it from the slow and imperceptible approaches of corruption. ”

“ There can be no free, open and fair election as contemplated by the constitution, where private industrial corporations so throttle public opinion, deny the free exercise of choice by sovereign electors, dictate and control all election officers, prohibit public discussion of public questions, and imperially command what citizens may and what citizens may not, peacefully and for lawful purposes, enter upon election or public territory.... ”

“ We demand that every citizen of the United States shall be allowed to cast one free and unrestricted ballot in all public elections, and that such ballot shall be counted as cast; that such laws shall be enacted and enforced as will secure to every citizen, be he rich or poor, native or foreign, white or black, this sovereign right guaranteed by the Constitution. ”

“ If any intelligent, and loyal company of American citizens were required to catalogue the essential human conditions of national life, I do not doubt that with absolute unanimity they would begin with "free and honest elections." And it is gratifying to know that generally there is a growing and nonpartisan demand for better election laws; but against this sign of hope and progress must be set the depressing and undeniable fact that election laws and methods are sometimes cunningly contrived to secure minority control, while violence completes the shortcomings of fraud. ”

“ I have alluded to the "gerrymander" as affecting the method of selecting electors of President by Congressional districts, but the primary intent and effect of this form of political robbery have relation to the selection of members of the House of Representatives. The power of Congress is ample to deal with this threatening and intolerable abuse. The unfailing test of sincerity in election reform will be found in a willingness to confer as to remedies and to put into force such measures as will most effectually preserve the right of the people to free and equal representation. ”

“ The principle of free election not only means that the voters should be able to vote without forceful or undue influence from the state or the society, but also that the voters should be able to make their own judgment and decisions in a free and open process to form their own opinions. ”

“ They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following:
(5.1) — free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives ”

“ Suppose the power of the Executive chair should take under its care the right of voting, and who should proscribe any portion of our citizens who should carry with them to the polls of election their own opinions, creeds, and doctrines. This would at once be a deathblow to our liberties, and the remedy could only be found in revolution. There can be no excuse or pretext for revolution while the ballot box is free. Our Government is not one of force, but of principle; its foundation rests on public opinion, and its hope is in the morality of the nation. ”

“ A statute which, in the claimed interest of free and honest elections, curtails the very freedoms that make possible exercise of the franchise by an informed and thinking electorate, and does this by indiscriminate blanketing of every expenditure made in connection with an election, serving as a prior restraint upon expression not in fact forbidden as well as upon what is, cannot be squared with the First Amendment. ”

“ To the consideration of these very grave questions I invite not only the attention of Congress, but that of all patriotic citizens. We must not entertain the delusion that our people have ceased to regard a free ballot and equal representation as the price of their allegiance to laws and to civil magistrates. ”

“ The candidate receiving more votes than any other must receive the office unless he is disqualified on some constitutionally permissible basis or unless, in a runoff or some other type of election, the people properly and regularly, by their votes, decide differently. 'The right to vote is too important in our free society to be stripped of judicial protection' [6] by any other interpretation of our Constitution. ”

“ But the greater power to dispense with elections altogether does not include the lesser power to conduct elections under conditions of state-imposed voter ignorance. If the State chooses to tap the energy and the legitimizing power of the democratic process, it must accord the participants in that process-voters, candidates, and parties-the First Amendment rights that attach to their roles. ”

“ Now, I remain committed to ensuring the voters receive an electoral system they deserve and where equal application of law is guaranteed. If our election integrity is compromised, we have failed the very voters who have sent us here to defend the Constitution. ”

“ As far as we can draw any conclusion from it, it must be that if the people of that country have been able under all these disadvantages to retain any liberty whatever, the advantage of biennial elections would secure to them every degree of liberty, which might depend on a due connection between their representatives and themselves. ”

“ All the pyrotechnic distractions and gross irregularities of an election must be suppressed: all plural voting must be abolished: the comedy of cars for feeble voters must be forbidden: all indirect bribery, either of voters or candidates, must be rigorously punished. Candidates must put a simple and sober statement of their views and proposals before the electorate, and no further expense should be permitted. Some system of proportional representation and secondary elections should ensure that large minorities would not be entirely without representation. ”

“ 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. ”

“ By fulfilling their constitutional duty to craft the rules governing federal elections, state legislatures do not consent, ratify, or elect—they make laws. Elections are complex affairs, demanding rules that dictate everything from the date on which voters will go to the polls to the dimensions and font of individual ballots. ”

“ Let the ballot-box of the Union, with multitudinous might, protect the ballot-box in that Territory. Let the voters everywhere, while rejoicing in their own rights, help guard the equal rights of distant fellow-citizens, that the shrines of popular institutions, now desecrated, may be sanctified anew,—that the ballot-box, now plundered, may be restored,—and that the cry, “I am an American citizen,” shall no longer be impotent against outrage. ”

“ 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. ”

“ Furthermore, Congress provided uniform national rules for absentee voting in presidential and vice-presidential elections. In enacting these regulations, Congress was attempting to insure a fully effective voice to all citizens in national elections. What I said in Part I of this opinion applies with equal force here. Acting under its broad authority to create and maintain a national government, Congress unquestionably has power under the Constitution to regulate federal elections. The Framers of our Constitution were vitally concerned with setting up a national government that could survive. ”