this post was submitted on 03 Nov 2024
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United States | News & Politics
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Elections in America are run by and certified by the States. The Federal government has laws on campaign finance (FEC) when the elections are held and to be certified by, and who is eligible to be elected.
If a state wants to refuse access to monitors they can. It's absolutely ignorant to refuse monitoring as it would only help to prove a fair election to have them there. However, under the constitution it is the right of a state to verify their own electoral process.
https://en.m.wikipedia.org/wiki/Elections_in_the_United_States
The idea, this year, is to prevent certification. Then they can manipulate the system through a compliant Speaker of the House to finagle a Trump win. If federal monitors are there, it will undermine this plan.
Oh I understand the motive, I'm just stating the nature of the problem. Essentially that we don't have an enforceable unified framework for federal elections. There is the ECRA which would prevent unfaithful electors and other issues, also removes SCOTUS from the initial review.
However I don't think it goes far enough. The Senate blocked any meaningful legislation to require voter access and combat vote suppression when they didn't pass the FtVA.
https://www.democracydocket.com/news-alerts/biden-signs-electoral-count-reform-act-into-law/
https://en.m.wikipedia.org/wiki/For_the_People_Act
That's exactly why they're kicking them out: they want to cast doubt on the fairness of the election, so that they can manufacture excuses to throw out votes in Democrat-leaning ares, make it easier for Trump's lawsuits challenging the results to succeed, etc.
Plenty of precedent for federal government to get involved. Voting rights act (1965) would be the most recent significant example that comes to mind. Constitutionality at that time was challenged and upheld as the states were violating the constitution by disenfranchising African Americans.
If we currently had a voting rights act that pertained to voter attendance or required monitor access I'd agree with you. But we don't, so here we are.
I one hundred percent agree that Merrick Garland (or Biden even) could absolutely send agents down there to force compliance with federal monitoring. However I don't see that happening for a few counties in Texas.
https://www.npr.org/2023/06/08/1181131584/in-a-surprise-decision-the-supreme-court-reaffirmed-the-1965-voting-rights-act
https://www.britannica.com/event/Voting-Rights-Act