Election experts claim Pennsylvania’s automatic voter registration switch contradicts state law.
Democrat Gov. Josh Shapiro’s Decision to Implement Automatic Voter Registration Likely Violates Constitution and State Law
Several election experts have raised concerns that Democrat Gov. Josh Shapiro’s decision to unilaterally implement automatic voter registration (AVR) in Pennsylvania may violate the Constitution and state law, according to The Federalist.
On Wednesday, Shapiro announced that Pennsylvania would join over 20 other states in implementing AVR through its Department of Transportation (PennDOT). This move allows eligible residents who obtain new or renewed driver licenses and ID cards at facilities like the DMV to be automatically taken through the voter registration application process, unless they choose to opt out.
Legal Concerns Raised
- Individuals must meet certain criteria, including being U.S. citizens, Pennsylvania residents, and residents of their district at least 30 days before the next election, to register to vote.
- Legal experts argue that Shapiro’s implementation of AVR through executive fiat may violate state law, which requires a voter registration application completed at the DMV to be signed by the applicant.
- Heather Honey, CEO of Verity Vote, also questions Shapiro’s legal authority to implement AVR unilaterally, citing Article 1, Section 4 of the U.S. Constitution and state law provisions.
According to Honey, Shapiro’s actions are inconsistent with Pennsylvania law and he does not have the authority to change or ignore language in the statute.
AVR’s Impact on Elections
- Despite Shapiro’s claims that AVR will ensure “free and fair elections,” critics argue that the system is prone to human error and can lead to the registration of non-U.S. citizens.
- Non-citizens who are lawfully present in Pennsylvania are already permitted to apply for a REAL ID driver’s license or ID card, and there have been efforts to expand this allowance to all residents regardless of immigration status.
Additionally, a district court judge previously ordered Pennsylvania to release records regarding a ”glitch” within PennDOT that allowed non-citizens to register to vote. The judge ruled that the Public Interest Legal Foundation is entitled to access these documents to address errors in the state’s voting files.
Concerns about Election Integrity
- AVR not only jeopardizes the accuracy of voter rolls but also benefits Democrats by inflating voter registration lists.
- Left-wing nonprofits have been accused of using their tax-exempt status to conduct voter registration and get-out-the-vote campaigns that favor Democrat-leaning voters.
- Ken Cuccinelli, chair of the Election Transparency Initiative, criticized Shapiro’s adoption of AVR, stating that it undermines election integrity and threatens the trust of voters in fair and transparent elections.
Cuccinelli called on the Republican-controlled Senate to launch a comprehensive investigation into the matter.
How does the use of executive action to implement automatic voter registration bypass the principles of checks and balances and undermine the role of the state legislature in making important decisions that impact citizens’ rights
Ted with the applicant’s signature under penalty of perjury.
Proponents of automatic voter registration argue that it increases voter participation and makes the process more efficient. However, critics assert that implementing AVR through executive action bypasses the proper legislative channels and undermines the principles of checks and balances. In a democratic system, decisions regarding the electoral process should be made through an open and transparent legislative process. By unilaterally implementing AVR, Gov. Shapiro is bypassing the democratic process and circumventing the role of the state legislature in making important decisions that impact the rights of citizens. Furthermore, the use of executive fiat to implement AVR raises concerns about potential abuse of power. The separation of powers is a fundamental principle that ensures checks and balances in government, preventing any one branch from becoming too powerful. By sidestepping the state legislature, Gov. Shapiro may be overstepping the boundaries of his authority and infringing upon the responsibilities of the legislative branch. While automatic voter registration may have its merits in increasing voter participation and streamlining the registration process, it is crucial that the implementation of such measures complies with existing laws and respects the principles of constitutional governance. Democrat Gov. Josh Shapiro’s decision to unilaterally implement automatic voter registration in Pennsylvania raises valid concerns about potential violations of the Constitution and state law. It is imperative that decisions regarding the electoral process be made through the proper legislative channels, ensuring transparency, accountability, and adherence to democratic principles. If automatic voter registration is to be implemented, it should be done so with the approval of the state legislature and with safeguards in place to prevent abuse of power and ensure the accuracy and validity of the voter registration information. Efforts to increase voter participation should not come at the expense of upholding the rule of law and the integrity of the electoral process. The concerns raised by legal experts and critics highlight the need for a careful and considered approach to implementing automatic voter registration, grounded in adherence to the Constitution and respect for the democratic process.Checks and Balances
Conclusion
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