HR 1: Blueprint for an Electoral Takeover

HR1 blueprint electoral takeoverHR 1, a bill sponsored by Representative John Sarbanes (D-Md.) and Speaker Nancy Pelosi (D-Calif.) has already passed in the House of Representatives and has been read in the Senate. The title of the bill is For the People Act of 2019, but a more accurate name for the bill might be The Federal Takeover of Elections Act of 2019. This bill includes components that, while being portrayed as making voting easier on Americans, are not only going to lead to corruption but to an unconstitutional takeover of elections by the federal government.

Is HR 1 Constitutional?

Is HR 1 Constitutional? The obvious answer for anyone familiar with the U.S. Constitution and the Federalist Papers is a resounding “No,” because there is no grant of power given to the federal government to simply take over elections.

This bill’s supporters would likely disagree with that claim and quote Article I, Section 4 of the U.S. Constitution as justification, which says:

The times, places, and manner of holding elections, for Senators and Representatives, shall be prescribed in each State by the legislature thereof, but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

To the casual observer, this could reasonably appear to be a general grant of power to Congress to take over and regulate elections nationwide, but it’s not.

Of course, the first clue that this isn’t a general grant of power for ongoing operations can be seen in its placement. It is not among the 18 specifically enumerated powers listed in Article I, Section 8 where one can find grants of power for routine ongoing operations of the federal government, such as coining money, establishing post offices, etc.

This provision was in the U.S. Constitution primarily in case a few large states refused to hold congressional elections, thereby weakening the Congress or perhaps even depriving Congress of the ability to act for lack of a quorum. It was also possible that some states would be unable to hold elections due to invasion. While this did not happen during the War of 1812, it came close to happening in such states as Maryland, where the British attacked Fort McHenry. Had the British succeeded in their attack on Fort McHenry, it could have been possible that the State of Maryland would have become sufficiently disabled that it could not have conducted that year’s elections without support from the federal government or perhaps neighboring states.

An explanation of the intent of Article I, Section 4 can be found in the Federalist Papers, No. 59 written by Alexander Hamilton: “They have reserved to the national authority a right to interpose, whenever extraordinary circumstances might render that interposition necessary to its safety.”

Hamilton explained further:

Suppose an article had been introduced into the Congress empowering the United States to regulate the elections for the particular States, would any man have hesitated to condemn it, both as an unwarrantable transposition of power and as a premeditated engine for the destruction of the State governments?

This wording of Article I, Section 4 was hotly debated when the U.S. Constitution was being ratified because the Anti-Federalists saw the dangers it might lead to. The Anti-Federalists suggested an amendment to clarify the discretion with which the Congress was to restrain itself from using Article I, Section 4 as an excuse for an electoral takeover. Number 16 of their proposed amendments said:

That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled, by invasion or rebellion, to prescribe the same.

The Anti-Federalists’ Amendment 16 was never passed because the intent as explained in the Federalist Papers, No. 59 was considered clear and sufficient at the time, and its intent was respected by Congress until the middle 1960s. Looking back, it appears that Anti-Federalist Amendment 16 should have been passed to keep the federal government from interfering with state elections based on political whim.

Bad Provisions for Elections

Beyond the blatant unconstitutionality of HR 1, the bill has a number of provisions that, even if they were constitutional, which they are not, are so bad for elections that this bill should be rejected by Congress and anything like it should be rejected at the state level as well.

Section 1001 of HR 1 would implement Internet voter registration. American elections have already suffered severe degradation in the area of voter registration lists caused by the National Voter Registration Act of 1993, aka the Motor Voter Act — lists that were intended to be used to prevent fraudulent voting. Allowing Internet voter registration would take a bad situation and make it worse, basically providing an open door for fraudulent voting. Congress should not only defeat HR 1, but also repeal Motor Voter, something Republicans promised when they ran for Congress in 1994, but set aside once they were elected.

Section 1012 of HR 1 would implement automatic voter registration. Section 1012 of the bills explains it clearly:

“Automatic registration” means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote

If you think Motor Voter has caused problems, just consider the dangers of automatic voter registration, especially with HR 1’s buried requirement that it be done via electronic transfer of data. How fast can one computer send bogus data to another data? All that and no paper trail of the voter registration as they are processed? Section 1012 is seriously bad for honest elections.

Section 1031 of HR 1 would force the states to implement same-day voter registration. Most states have traditionally implemented a deadline for registrations of new voters, typically about a month prior to an election, in order to give election officials enough time to properly process the applications and be certain they are genuine. This important election integrity measure would be tossed out the window if HR 1 passes.

Section 1201 of HR 1 would prohibit voter caging. The term “voter caging” sounds like like a horrible act of torture, but what the bill says is:

‘(1) the term ‘voter caging document’ means—

“(A) a nonforwardable document that is

returned to the sender or a third party as unde-

livered or undeliverable despite an attempt to

deliver such document to the address of a reg-

istered voter or applicant; or

“(B) any document with instructions to an

addressee that the document be returned to the

sender or a third party but is not so returned,

despite an attempt to deliver such document to

the address of a registered voter or applicant,

unless at least two Federal election cycles have

passed since the date of the attempted delivery;

This provision in HR 1 would greatly reduce verification of voter registration lists. This is something done with voters every two years in Texas when voter cards, which are good for two years, are sent to the voters and those that are undeliverable are returned to the county elections office. As bad as Section 1201 is, it could be easily amended to make any form of voter registration verification illegal and that would be even worse.

Section 4201 is entitled “The Honest Ads Act.” While few would argue against the concept of honesty in political advertisements, monitoring ads is not allowed as a function of the federal government. This section of the bill is short on details and probably marks just the beginning of what could be greatly expanded into an unconstitutional federal ministry of truth in political advertising that would rival Germany’s Reichsministerium für Volksaufklärung und Propaganda.

The Wisdom of Alexander Hamilton

This bill, which would essentially accomplish a federal takeover of elections in this country, is quietly moving forward in Congress and public awareness needs to be raised that such a dangerous bill is in Congress and that it needs to be defeated in the Senate. Alexander Hamilton put it best when he said as previously quoted in this article:

Suppose an article had been introduced into the Congress empowering the United States to regulate the elections for the particular States, would any man have hesitated to condemn it, both as an unwarrantable transposition of power and as a premeditated engine for the destruction of the State governments?

He was talking about bills such as HR 1.

Reprinted with permission from - The New American - by Kurt Hyde

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J. B. Calder
3 years ago

Thank you for this explanation. It is spot on!

3 years ago


Jack Thomas
2 years ago
Reply to  bOB

Another “Revolution” is not a solution. Without respect for the rule of law (including election laws that must be equally and honestly enforced) we no longer have a free country. But unless you’re an anarchist with visions of overthrowing the US Gov’t. by force, that idea belongs on the back burner of history. Seriously! And what would you replace our constitutional republic with? Let me answer that for you: ANARCHY. Because a revolution today by definition is precisely that — treason against your country which will cause more problems than it solves.

3 years ago

The only way to get these liberal communists out of office is term limits. I understand some of the negatives but the commies have us backed in a corner here. Two 3 year terms and out would be better than shooting!

Karen Johnston
3 years ago

It’s clear if Democrats can’t win elections by playing by the rules, they change to new rules to suit their liberal ideas. We don’t need prisoners voting, 18 year olds voting,
illegal voters, no picture IDs, baby deaths after live births, etc. etc. I think these kinds of things will win more and more voters over to the ‘conservative’ side day by day.
All these would be bad changes – let’s smarten up and vote for what’s right and what has worked in the past.

Michael Dargon
3 years ago

2 things need to be done! Pray for eyes of the American people to be opened as to what the true purpose of these socialists is, AND stand together as ONE NATION UNDER GOD!!!

Pat R
3 years ago

Anything in the MSM about this? Doubt it. The Senate still has a GOP majority, but with all the RINOs, it’d hard to know anymore how they will vote. It is obvious the Dems are doing all they can think of to make sure a Republican never wins an election again. My thought is, their rhetoric has been that it’s already in the bag, so why are they seeming to be running scared that it won’t happen. They do play word games (another way of saying they lie to sway public opinion and get conservatives to believe it’s already a lost cause).

Susan Smythe
3 years ago

The electoral college was put in place by our founding fathers to avoid exactly the situation in front of us—the takeover and socialization of America. Every time the democrats (like spoiled children) don’t get their way, they seek a loophole (or create one) to try and win via cheating—just like a spoiled, whiny child who’s been given everything without working for it—just like all of the Hollywood brats who live off their parent’s name and successes; they want it all, think they know it all, and are worthless human beings who think the world revolves around them—just like their parents.

3 years ago

Senate better throw in out in the garbage where it belongs another abuse these corrupt politicians keep this garbage up they are Treasonist and need held accountable anyone in anyway trying to Distort, Change, Munipulate, the Law of the Land Our CONSTITUTION as WRITTEN, our Freedoms, Rights, is a Traitor to America and the American People they must be prosecuted.

3 years ago

This is yet another way to have the illegal aliens vote. Democrats will do anything to get the illegals to vote and to open the borders and allow them to invade the country.

Ruth M
3 years ago

Why are Republicans so silent about this? Are there enough of them who also want to take away the people’s rights and have us ruled rather than represented?

3 years ago

Unfortunately Michigan just passed a bill like this to amend our state constitution at the midterm elections. They also passed a bill to “end gerrymandering “ that will have 4 commissioners from each major part and 5 “unaffiliated “ commissioners to redraw districts. I fear Michigan is lost.

Donald Mccormick
3 years ago

A POPULAR vote just does NOT let the small states get a chance to be able to vote because the large states would just tell those small states what they wanted to happen when they vote.

The Electoral college would give ALL voters an equal an almost chance to give a popular candidate a chance to become being voted in because the candidate would have to campaign in ALL states and NOT just the large population states

Bernard Broderick
3 years ago

Look only to the 10th Amendment. The determination of voting requirements was neither specifically granted to the federal government, nor was it specifically prohibited by state governments, which is why there has been a constitutional amendment every time voting specifications have been taken away from the states (I.e. 15th, 19th, 24th and 26th). If the federal government wants to dictate further who may or may not vote in this country, or the process by which the vote is accomplished, pass an amendment and get it ratified by the requisite 3/4 of the states.

Jeffrey Cantelope
3 years ago

Progressives have over 110 years slowly undermined the constitution and the pillars of culture in our country. That has allowed them to make this aggressive move to create a one party system for elections that will guarantee that they will never lose power again and will allow them to create a democratic socialist national government and bury Federalism once and for all.

3 years ago

This is just another attempt by the democrats to capitalize on their give away policies to buy votes.

Deborah Crouch
3 years ago

Elections should not be regulated by Congress. Congress cannot even act responsible or effeciently in its day to day operations. For the people and by the people has been long forgotten.

3 years ago

If the Electoral College is abolished we will cease to have the Republic that our for-Fathers gave us. And the answer that Benjamin Franklin gave when he was asked about what kind of a government they gave us .

“Well, Doctor, what have we got—a Republic or a Monarchy?”

  “A Republic, if you can keep it.”

Debbie Johnson
3 years ago

I find that because of the moral decay in our country it appears that it is becoming easier and easier to trick and fool Americans into foolish laws that will eliminate our county. Wake up America!!!!

3 years ago

Kill this Commie takeover of state & citizens rights !!!!!!

3 years ago

Socialist politicians will continue to grab for power every way they can. We need to vote them out of power and enact term limits. Wake up America!

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