General Discussion
In reply to the discussion: Vote-by-mail spurred controversy, fraud charges and maybe the Capitol riot -- now it may become [View all]SmartVoter22
(639 posts)but they cannot change a state's administrative election laws & regulations. For too many good reasons to list here.
Congress, can changeaspects for the one election option they do control...that being the unique ballot the "President & Vice-President Only Ballot".
This is a ballot that is available; at any voting location anywhere in the nation on election day which you only vote for just the President & Vice-President.
You can walk into any polling location, on election day and without having to register to vote in the state you happen to be in, present a valid and current photo ID from your current home state and choose the President & Vice-President you'd like. There are no other candidates or offices on the "Presidential Only" ballot
Here's what I think Congress can do:
If Congress decides to change the requirements or procedures to cast one of those 'Prez Only' ballots, they certainly can.
SCOTUS has protected states rights to administer elections, but they also protected Congress' rights to administer this unique and rarely used ballot. It's a 2002 HAVA Act protection for the voting accessibility issue: that voters who are not in their home state, on election day may cast a ballot for the Offices of President and Vice-President of the United States by simply showing up at any local voting location, showing a valid and current Photo ID from thier home state and be given this unique ballot. They vote and these ballots are counted.
So Congress can change a few simple things, to expand access for these unique ballots; like early voting periods, but they can also put a noose around the neck of Voter Suppression by setting early voting times and locations, set voter qualifications and methods of casting a ballot for this unique simple ballot plus remove any state restirctions like; probationary periods, past due fines, skin color, areligious and gender identity and maybe even, space laser proximity.
(OK, I got off track a bit, but you get the idea of what Congress can do.)
It's Congress' choice regarding these 'Prez Only' ballots as this is a federal only ballot, nothing on it from any state, county or municipality.
They could set the voter qualifications to cast a ballot; like felony convictions does not disqualify a voter nor does probationary periods or past due fines disqualify a voter from voting with a Prez only ballot. Early voting periods for this one type of ballot could be weeks long prior to election day and what type of Real ID is compliant with the 2002's HAVA (Help America Vote Act) Act.
I am pretty sure it's Congress' choice, but may be wrong for the Prez Only Ballot.
If Congress does change the laws/regulations for that type of ballot, the states will have to adapt their own ballots, which often include the offices of Prez & VP, to be compliant with any new rules. Congress can reduce the GOP efforts to expand restrictions, early voting, voting by mail, etc by simply changing the requirements it sets for these two elected offices.
Some states will surely try to enact the obvious suppression option, if Congress actually does something like I suggest.
You might have to fill out two ballots on election day.
One ballot with 'Prez Only' and one for all the other statewide, county & municipal elected offices?
We could assume the GOP wants only the whitest, space laser dodging, gun-toting emotionally dwarfed T-rumped patriots to use.
Two ballots? I think that will be a hard sell.