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Saturday, June 19, 2021

Ken Cuccinelli: Democrats’ election takeover – this is what’s at stake for each state

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For those who listened solely to Democratic speaking factors, together with the so-called mainstream media, you’d be satisfied that America is a systemically racist nation and that Republicans are by some means hell bent on disenfranchising massive swaths of voters. Each of those notions are obviously false.

The truth is, due to sustained long-term efforts, in 2021 it’s simpler to register and vote now than at any level in American historical past – it doesn’t matter what coloration your pores and skin is. It is a measure progress of which we should always all be proud. 

When the Voting Rights Act was handed in 1965, voter registration and voter turnout by minorities – particularly Black Individuals – had been the measure of whether or not voter suppression was happening in a state. A second’s consideration would lead an atypical American to conclude these are wise metrics to gauge minority voter suppression. 


However, despite these info, Democrats in Congress have manufactured a fantasy of widespread voter suppression so as to impose a federal takeover of elections.  

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The instrument of their proposed federal management over election regulation was launched (and by no means handed) within the final Congress as H.R. 4, the “John Lewis Voting Rights invoice.” The most important, however not the one, main change is that H.R. 4 would reinstitute the apply of requiring federal preclearance (i.e., federal permission) for any state election change, regardless of how minor.   


Preclearance was beforehand struck down as unconstitutional by the Supreme Courtroom within the Shelby County v. Holder case in 2013. Thus, H.R. 4 is an try by the Democrats to go across the courtroom and as soon as once more topic state election reforms to a federal veto – regardless of how trivial any proposed change is perhaps. 

Beneath H.R. 4, the federal authorities might veto and block any, and doubtlessly all, state election reforms (plus redistricting) beneath the guise of preventing discrimination. Nevertheless, there is no such thing as a requirement to really show that something a state was proposing could be discriminatory. If a state sought to combat the federal authorities’s resolution, fairly than requiring the federal authorities to show {that a} new regulation would lead to discrimination, the burden of proof would fall on the states.  

Extra from Opinion

Take into consideration that for a second. The accused state has to show its personal innocence. 

To make use of the analogy of felony regulation, that might imply that every one the federal authorities must do is accuse a defendant of committing against the law, and at that time it will be as much as the defendant to show himself harmless or go to jail! 

States would thus be responsible till they might show themselves harmless – a rare reversal of over 200 years of American regulation.  

The proposed metrics that might be used to resolve which states could be topic to the preclearance course of with the federal authorities are designed to lead to protecting all the nation. The explanation for the unique Voting Rights Act was primarily to repair racist exclusionary legal guidelines within the South. So the implications of the presently proposed invoice are that, not solely is the South nonetheless by some means blocking minorities from collaborating in elections, however that the remainder of the nation has develop into so oppressive of the voting rights of minorities that each single state must be regulated by the federal authorities too. 

The aim of H.R. 4 is to not shield voting rights, it’s to cease voting reforms occurring within the states which can be making our elections extra clear, safe and accountable. 

These underlying assumptions merely defy the truth of America within the final 50-plus years. 

Solely two states have each larger voter registration amongst Black voters than White voters and had larger voter turnout of Black voters than White voters in 2020. Guess which two states? 

Mississippi and Tennessee. 

The worst state in America? Massachusetts. 

The aim of H.R. 4 is to not shield voting rights, it’s to cease voting reforms occurring within the states which can be making our elections extra clear, safe and accountable. 

Part 2 of the Voting Rights Act in power at present offers the federal authorities the ability to cease discriminatory voting practices. And Part 3 supplies for subjecting native or state governments that have interaction in discriminatory practices to be topic to preclearance. These provisions are in power proper now, and we’re all grateful for the safety in opposition to precise discrimination. 

Democrats and their allies within the media would have you ever consider that rampant and systemic voter suppression is likely one of the most vital points going through our nation. This assertion is sort of merely false.  


In actuality, H.R. 4 is nothing however an influence seize by congressional Democrats aimed toward taking election powers away from the states. The takeover of all election reforms and redistricting by federal bureaucrats with a radical agenda beneath the guise of voter safety would set America again.   

H.R. 4 ought to be rejected in favor of utilizing the present Voting Rights Act – Sections 2 and three – which have already confirmed to be efficient in preventing true discrimination the place and when it has existed. 


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