Publius-Huldah's Blog

Understanding the Constitution

Mail-in voting

By Publius Huldah

1. As to elections for LOCAL & STATE offices (where no federal elections are on the ballot): What does your STATE CONSTITUTION say? Does it prescribe any particular “manner” of voting? “Manner of voting” refers to a requirement of personal presence at the place of voting and to a show of hands, or voice votes, or paper ballots, or voting machines; etc., OR voting by mail or by internet or by telephone, etc. The Laws made by your State Legislature respecting “manner of voting” must comply with your State Constitution, or the pretended laws are unconstitutional.

So! For local & state offices where no federal office is on the ballot; the matter is determined solely by your STATE Constitution and the Statutes your STATE Legislature has passed.

2. As to elections for the FEDERAL House of Representatives or Senate: See Article I, §4, clause 1, US Constitution: It provides that State Legislatures have the power to prescribe the “Times, Places, and Manner” of holding elections; but that Congress has an oversight power over the “Time” and “Manner” of election laws made by State Legislatures. [Remember, when Art. I, §4, cl. 1 was written, the State Legislatures chose the State’s Senators to the US Congress – so the “place” of choosing the Senators would be wherever the Legislature met.]

I wrote about Art. I, §4, clause 1, US Constitution here: https://publiushuldah.wordpress.com/2010/12/05/arizonas-proposition-200-what-the-constitution-really-says-about-voter-qualifications-exposing-the-elections-clause-argument/ under the subheading, The Dishonest “Elections Clause” Argument. Please study that.

It appears that Congress has not passed any Laws prohibiting or requiring mail-in voting in federal elections. (If anyone knows anything to the contrary, please let me know.) If Congress has not passed a law prohibiting mail-in voting, then States may permit it (assuming they are sufficiently foolish to do so). Congress does have the constitutional authority to prohibit mail-in voting in federal elections [and to continue to permit absentee ballots for members of the Military, diplomatic corps, Missionaries, etc.]

3. And remember: The 12th Amendment sets forth the totally different & separate procedures for electing President & Vice-President. We have ignored the 12th Amendment for a long time…

May 14, 2020 - Posted by | Elections Clause, Mail-in voting | ,

11 Comments »

  1. “Congress does have the constitutional authority to prohibit mail-in voting in federal elections [and to continue to permit absentee ballots for members of the Military, diplomatic corps, Missionaries, etc.]”

    Of course, Democrats did not want to count the absentee ballots from troops stationed overseas during the Florida recount in 2000.

    Like

    Comment by SOAR | June 16, 2020 | Reply

  2. Hi PH! Thank you for all your info according to Constitution!! We need to dig for ourselves! This country is in such trouble!! Joe Biden has sold his soul to devil. The deep state will run him. Why can’t we defund Soros like Hungary has?? He is a trader of worst kind!! Pray for you always!!

    Like

    Comment by Jane lee | May 29, 2020 | Reply

  3. Jane lee here. Rough yr. Moved to SC from CT and surgery! Always pray for you and appreciate all you do!! Question: why can’t you and Alan Keys get your articles on the USMCA directly to President Trump??? He needs to understand what he has done!!! I’ m much more worried about than virus or election!! That agreement will kill my country!! Please, contact Trump!! I sent him your info if he loves this country as he says , he will listen I think. Pls try to find a way to get it to him!! thank you !! For all you do!!! Jane

    Like

    Comment by Jane lLee | May 18, 2020 | Reply

  4. Thank you for the timely correct information concerning our Constitution.
    Again, Thank you.
    R.S. Helms

    Like

    Comment by R.S. HELMS | May 16, 2020 | Reply

    • Thank you, R.S.!

      Like

      Comment by Publius Huldah | May 16, 2020 | Reply

  5. Why do you view mail in voting s foolish?

    Liked by 1 person

    Comment by emilybeeligmailcom | May 15, 2020 | Reply

  6. GREAT Job Publius…. You do a wonderful job at trying to have our Elected officials to remain dedicated and respectful to the AMERICAN Constitution , Bi-laws and the BILL of RIGHTS God Bless YOU…. Bill ________________________________

    Like

    Comment by woodlandwilly | May 15, 2020 | Reply

  7. […] Mail-in voting […]

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    Pingback by Mail-in voting – America, A Constitutional Republic | May 14, 2020 | Reply

  8. Thank you for the information regarding Voting!
    I will read it & refer you my state’s Constitution,
    As well as Amendment in the US Constitution!

    Like

    Comment by Beverly Zkoch | May 14, 2020 | Reply


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