Right to a Fraud-Free Counted Vote

It's NOT in the constitution?!

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primary topic: Election Law
secondary topics:


While voting is a key part of our republic, it is not explicitly enumerated in the constitution; the closest it comes is "The United States shall guarantee to every State in this Union a Republican Form of Government." In Luther v Borden, an 1840 case in which reformers in Rhode Island were arrested for trying to organize a state constitutional convention [!], this clause was held to be outside the purview of the courts — which puts it directly under the purview of the legislative branch. This interpretation was upheld during Reconstruction and after.

Congress should therefore pass a law saying...

"Each citizen has a right to vote, to have that vote counted, to have the voting process be free of fraud; and that the public has a right to verify these rights are upheld. Voting rules which circumscribe one of these rights are acceptable only if they proportionally increase another of them."

So where the rubber actually meets the road on this, is that it gives citizens whose voting rights are abridged, and "the public" when its verification rights are abridged, standing to take their state governments to court.


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