As Americans saw, the 2020 presidential election was beset with fraud and irregularities. Although it is too late to rectify the 2020 election, voter fraud remains a clear and existential threat to our Republic’s electoral system. Congress has a role in rectifying this situation.

Both Article I, Section 4, and Article II, Section 1, of the United States Constitution give state legislatures primary authority over federal elections. However, it also gives Congress authority to override state laws in this specific area.

First and foremost, following the results of the two U.S. Senate elections in Georgia, the 117th Congress is fully controlled by Democrats. There is a high risk of Congress pushing for, and passing, legislation that further undermines election integrity. Since most states hold state- and local-level elections simultaneously with federal elections, congressional legislation would indirectly affect those elections also. It is imperative that any pro-fraud bills be defeated in Congress.

Additionally, some existing federal legislation has contributed to the lack of election integrity and security.

One such example is the National Voter Registration Act of 1993, also known as the Motor Voter Act, or NVRA. This law – unconstitutionally – requires states to automatically register voters when they apply for driver’s licenses or public assistance. This and other provisions of the law have contributed to inaccurate voter registrations. Congress must repeal this unconstitutional law.

Another negative federal law is the ironically-titled Help America Vote Act of 2002. Among the law’s other provisions, it requires states to purchase electronic voting machines. In the panic to comply with this federal law, states purchased machines with technical problems and which did not leave a paper trail, thus undermining election integrity. Even more worrisome, some of this new equipment and software originated in foreign countries. Congress must repeal the “Help America Vote Act.”

Congress must also combat mail-in voting. It has this authority under Article I, Section 8, which authorizes the Postal Service, and, as JBS notes, under Article I, Section 4, as explained in Federalist No. 59. Thus, Congress must require states that use mail-in-only balloting to reinstate precinct voting.

In summary, Congress must defeat any legislation that would further undermine election integrity. Furthermore, Congress must repeal every harmful and unconstitutional election-related law and work – within its constitutional boundaries – to secure federal elections.

Urge your U.S. representative and senators to take these actions and work to restore confidence in the integrity of our Republic’s federal elections.

Thank you,

Your Friends in The John Birch Society

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