OPINION:
Despite its patriotic-sounding name, the “For the People Act of 2021” would severely undermine election safeguards and create an environment for ubiquitous fraud that would erode Americans’ faith in the electoral process and the legitimacy of America’s institutions. The bill, most commonly known as H.R. 1, poses a dire threat to U.S. election integrity that demands an immediate and robust response.
As former Vice President Mike Pence recently observed: “Our Founders limited Congress’ role in conducting our elections for good reason: They wanted elections to be administered closest to the people, free from undue influence of the national government.” He’s absolutely right.
Now that the U.S. House has passed this disastrous legislation, we must now work to ensure the U.S. Senate prudently rejects it. That is why I drafted a letter with attorneys general from 19 other states urging congressional leadership to reject this attempt at a federal takeover of states’ roles in administering and safeguarding our elections.
While claiming to protect and extend the right to vote, this legislation instead paves the way for widespread fraud and abuse by eliminating even such basic and common sense security measures as requiring individuals to show photo identification before casting ballots.
While previously serving as Indiana’s chief election officer, we implemented a landmark voter identification law and successfully defended the law in front of the U.S. Supreme Court in 2008. Now, Indiana’s elections are secure, transparent and trusted by Hoosiers from across the political spectrum. H.R. 1 would undermine this trust.
Voter ID laws remain popular among Americans as logical precautions, but H.R. 1 would require only a written statement confirming one’s identity. That would not only neuter any photo ID or other independent verification requirements; it would also subvert the average voter’s demand for election security and integrity.
This partisan piece of legislation upends the U.S. Constitution by federalizing our elections — effectively seizing states’ authority to administer their local elections independently. People need to have faith in election outcomes and Hoosiers’ trust in the political system will be erased if they think those in Washington have put their thumbs on the scales.
As our letter states: “Under both the Elections Clause of Article I of the Constitution and the Electors Clause of Article II, States have principal — and with presidential elections, exclusive — responsibility to safeguard the manner of holding elections. The Act would invert Constitutional structure, commandeer state resources, confuse and muddle elections procedures, and erode faith in our elections and systems of governance.”
Simply put, H.R. 1 would make voter fraud easier by mandating mail-in voting, requiring states to accept late ballots 10 days after an election and overriding state voter ID laws. Coupled with a ballot harvesting blessing and insecure drop boxes, the result would be not knowing the results of an election immediately and the ability to sway close elections with extra votes that flood in after Election Day.
This legislation further mandates states conduct redistricting through “independent” commissions rather than state legislatures accountable to voters. This change steals power from the people and would force a one-size-fits-all solution on the states.
With confidence in our elections at a record low after the plethora of last-minute changes, fraud and irregularities in 2020, many of these proposed changes would further erode public trust. Our government depends on the voters having faith in the system and the outcomes of their election. That trust must be earned by accurate counting based on common sense rules that apply to everyone and that hold everyone accountable. The Democrats’ power play here takes us in the opposite direction.
The result would be vicious fights between parties about the true winners of elections and whether H.R. 1 is constitutional. At worst, this scenario could produce a quasi-anarchy, with people on both sides of the political spectrum refusing to abide by the laws.
At such a time as this, House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer should know better than to try to run roughshod over state election laws duly enacted by the people’s representatives as the Constitution requires. But they are aggressively promoting this bill, with Mrs. Pelosi going so far as to bypass the House’s committee process.
Congress should not overstep its bounds in federal elections. It should not take over local elections. It certainly should not enact legislation that would undermine confidence in our system of governance. Unfortunately, that’s what this bill would do. That is why we must demand that the Senate uphold the Constitution and keep our elections free, fair and secure by rejecting H.R. 1.
Despite their own calls for unity, the Democrat-controlled House and the Biden administration seem intent on pushing this strictly partisan bill. The Senate must nix this very bad piece of legislation. Doing so is essential to defending our Constitution, safeguarding the integrity of U.S. elections and preserving American liberty.
• Todd Rokita is Indiana’s attorney general.
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