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How Weak Federal Ethics Laws Enable Presidential Profiteering

How Weak Federal Ethics Laws Enable Presidential Profiteering

The Iran War’s Price Tag: Billions Lost While Americans Go Without

The Iran War’s Price Tag: Billions Lost While Americans Go Without

Protestors holding signs, many that say "Stop Bombing Iran."

Trump’s ‘Just for Fun’ War Talk Shows a Dangerous Trivialization

Is The War on Iran Unlawful And Unfair To U.S. Troops?

Is The War on Iran Unlawful And Unfair To U.S. Troops?

With the focus on the voting posters, the people in the background of the photo sign up to vote.

Stop Fighting Voter ID. Start Defining It.

Election officials need to be prepared for the worst, report says

Voting amid a pandemic

A new report by the Brennan Center for Justice offers a "how to" for officials conducting an election in the middle of the coronavirus pandemic.

Drew Angerer/Getty Images
The Fulcrum
By The FulcrumJun 09, 2020
The Fulcrum
The Fulcrum staff.
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Election officials have begun raising the alarm about the additional costs and pitfalls associated with a huge increase in the numbers of people voting by mail this fall.

Now the Brennan Center for Justice is offering guidelines for how to deal with the cybersecurity and technical challenges of putting on an election that is mainly by mail in the middle of the coronavirus pandemic.

The new report deals with every aspect of the election, from advance preparations all the way through reporting the results to the public.

It calls for making sure proper cybersecurity practices are in place to deal with the many election office employees and vendors who are working on computers from home. People connecting to the voter registration database from their home computers, for example, need to take extra care in order to avoid hacking.

The report, posted Friday, calls on election officials to plan now for how to respond to failures in voter registration systems, the systems for requesting and returning absentee ballots, and breakdowns of electronic poll books and voting machines at in-person voting sites.

Having a communication strategy in place to let the public know what is going on and when to expect election results is also critical, the report states.


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A person signing a piece of paper with other people around them.

Javon Jackson, center, was able to register to vote following passage of a 2019 Nevada law that restored voting rights to formerly incarcerated individuals.

AP Photo/John Locher

The Nation Is Missing Millions of Voters Due to Lack of Rights for Former Felons

If you gathered every American with a prison record into one contiguous territory and admitted it to the union, you would create the 12th-largest state. It would be home to at least 7 million to 8 million people and hold a dozen votes in the Electoral College.

In a close presidential race, this hypothetical state of the formerly incarcerated could decide who wins the White House.

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People standing at voting booths.

The proposed SAVE Act and MEGA Act would require proof of citizenship to register to vote, risking the disenfranchisement of millions of eligible Americans.

Getty Images, EvgeniyShkolenko

The SAVE Act is a Solution in Search of A Problem

The federal government seems to be barreling toward a federal election power grab. Trump's State of the Union address called for the Senate to push through the SAVE Act, which has already passed the House, in the name of so-called "election integrity." And the SAVE Act isn’t the only such bill. Like the SAVE Act, the Make Elections Great Again (MEGA) Act—introduced in the House—would require voters to provide a document outlined in the Act that allegedly proves their U.S. citizenship. We’ve been down this road before in Texas, and spoiler alert: it was unworkable.

Both the SAVE and MEGA Acts would disenfranchise millions of eligible U.S. citizens without making our federal elections more secure. They seek to roll out a faulty federal voter registration system, despite the existing separate registration and voting process for state and local elections. And these Acts target a minuscule “problem”—but would unleash mass voter purges and confusion.

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Stickers with the words "I Voted Today."

Virginia is on its way to be the 19th jurisdiction to adopt the National Popular Vote Interstate Compact, bringing the U.S. closer to electing presidents by the national popular vote.

Getty Images, EyeWolf

Virginia On The Path to Join the National Popular Vote Interstate Compact

NPVIC is an agreement among U.S. states and the District of Columbia to award all their electoral votes to the presidential ticket that wins the overall popular vote in all 50 states and the District of Columbia. It is considered a pragmatic, voluntary state-based initiative because it aims to ensure the winner of the national popular vote wins the presidency without requiring a constitutional amendment, operating instead within the existing Electoral College framework by utilizing states' constitutional authority to appoint electors. If enough states join the NPVIC to reach a total of 270 electoral votes, the United States will effectively shift from a winner-take-all (WTA) regime to a national popular vote system for electing the President.

With Virginia's adoption, the National Popular Vote Interstate Compact will be adopted by eighteen states and the District of Columbia, collectively holding 222 electoral votes. The compact requires 270 electoral votes (a majority of the 538 total) to take effect. It currently needs forty-eight more electoral votes to become active.

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With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

The Constitutional Framework Matters

The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

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