Fact Check: Is HR1 (The Election Bill) Constitutional?

Constitution - No On HR1

Question: Is HR1 – aka “For the People Act of 2019” (of the 116th Congress (2019-2020)) – constitutional?

Background: Democrats try to position HR1 as a benefit for the voters, ostensibly to expand voting rights, change campaign finance law to reduce the influence of “dark money”, and limit partisan gerrymandering among other things. But opponents claim its real purpose is to codify many of the cheating methods that allowed democrats to steal the 2020 election. (Some of those items are listed below.)

Is it Constitutional, Yes or No?: No, HR1 is  not constitutional.

Degree of Certainty: 100%

Reason: As constitutional attorney Jenna Ellis puts it: 

“Election laws and the selection of electoral college delegates are a power that are given specifically to state legislatures. Congress has absolutely no power to legislate on Elections.” Jenna Ellis

Here are specific violations of the constitution as listed as former Kansas Secretary of State Kris Kobach. (Echo Below)

HR1 Violates these parts of the Constitution:

1. Article 1 section 2  –  HR1 violates the provision that makes the states in charge of who’s qualified to vote.1
2. Article 1 Section 4  -HR1 violates the elections clause – which makes the states in charge of the time, manner and place of elections.2
3. 14th Amendment – HR1 violates the provision that States are in charge of when felons get to vote again – if they get to vote again.3
4. The Article 1 provision [the elections clause] – HR1 violates the provision that the states are in charge of drawing congressional districts.4

Comments:  HR1 is designed to legalize many of the illegal tactics Democrats used to steal the 2020  election. These include:

Problems built into HR1 to facilitate election theft
(Pointed out by Laura Ingraham below)

1. Mandates Universal mail-in ballots
Mail-in voting was the primary method used to steal the election as Rudy Giuliani pointed out. It was used in all six swing states. Yet due to lack of signature verification and lack of chain of custody issues, it allow massive amounts of fraud.

2. Early voting
Extensions of election day – whether before or after – allow additional time for fraudsters to cheat. Further, early voting prevents the early voters from hearing late breaking news  that may change the voter’s mind about a candidate – like Hunter Biden’s Laptop.

3. Same-day voter registration
Same-day voter registration facilities cheating by preventing adequate checks for legal voters, potentially allowing illegal voters to vote; and legal voters to vote in multiple states.

4. Online voter registration
Online voter registration facilitates fraud since online transactions are anonymous, and fake ID’s could easily be used.

5. Bans State voter Identification (ID) Laws
Proper voter identification is a key to election integrity. All who are serious about election state proper voter ID as one of the key requirements. (See for instance the recommendation of both President Trump and Dr Shiva Ayyadurai – both of whom state voter ID is necessary for election integrity.)

6. States are banned from checking for duplicate voter registrations with other states
This is an obvious invitation for fraudsters to promote surreptitious voting in multiple states.

7. Legalizes Ballot Harvesting nationwide
Ballot harvesting is known to be rife with voter fraud. Fraud is made possible because of a disruption in the chain of custody. For details, see this video.

8. National Automatic voter Registration (whether they’re eligible to vote or not; many illegal aliens who are not allowed to vote will be registered with this provision)
Only U.S. citizens 18 and older are allowed to vote. Yet this provision would register thousands of ineligible people, and once registered, there’s nothing to stop them from voting – even though they are not legally allowed to vote.

9. Removes Proof of Citizenship requirements
Kris Kobach, former Secretary of State for Kansas notes that states with proof a citizenship requirements would no longer be able to require that proof. HR1 removes the ability to require proof of citizenship documents – even though you must be a citizen to vote. (Echo below)

Echoes and References:

Jenna Ellis: Congress has absolutely no power to legislate on elections because the constitution does not give it authority to do so.

Jenna Ellis - why HR1 is unconstituional
Jenna Ellis – Congress has no authority over elections |  Archive

Below: Laura Ingraham: Lists problems with HR1

Below: Kris Kobach – former Kansas Sec of state – lists specific provisions of the constitution that give powers to the states, not the U.S. Congress, to control elections

Concluding Comments

While the “elections clause”  gives Congress oversight over regulations enacted by state legislatures, that oversight has always been understood to be in the constitution in order to provide and insure fair and honest elections:

Although the Elections Clause makes states primarily responsible for regulating congressional elections, it vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically displace (“preempt”) any contrary state statutes, or enact its own regulations concerning those aspects of elections that states may not have addressed. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. They empowered Congress to step in and regulate such elections as a self-defense mechanism.5

The basis for Congressional oversight is to provide fair elections procedures and prevent “unfair election procedures.” With HR1, the Democrats are clearly trying to institute one party (democrat) rule through the use of unfair election procedures. This is clearly unconstitutional. In removing protections for fair elections that they are supposed to be safe-guarding, the democrats have abandoned their constitutional duty to insure fair and honest elections. Thus HR1 is clearly unconstitutional, and should be struct down by the high court if passed.

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Constitutional references and clarifications

1. Article 1 Section 2: “The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, …”
(The fact that “the people of the several states” – that is legal voters in the state – choose the representatives is understood to mean the states must hold elections and thus must specify who is eligible to vote.)
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2. Article 1 Section 4, “The Elections Clause”
“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 chusing[sic] Senators.”
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3. The 14th Amendment Section 2
“But when the right to vote at any election for the choice of electors for President and Vice-President of
the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied…”
(The power to deny a person the right to vote is the power to specify who can and cannot vote – if not previously defined by the constitution.)
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4. Article 1 Section 4, “The Elections Clause”
(The elections clause is understood to give state legislatures power to themselves draw congressional districts, or delegate that task to another body. The approach that is used varies by state.)
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5. Michael T. Morley, Franita Tolson, Interactive Constitution, “Elections Clause”, accessed 10 March, 2021, https://constitutioncenter.org/interactive-constitution/interpretation/article-i/clauses/750
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