For the People Act torpedoed in the Senate

The For the People Act–Voting Rights Act was doomed in the beginning for being so broad and so politically rather than Constitutionally motivated that it had no chance of moving forward. Americans were not convinced that the Act was much more than a means of consolidating Federal power over the States.

At times cast as anti racially motivated and at other times cast as a strong message to disproof Trump’s claims of election tampering, the Act was not convincing enough for Senators.

Senators Kevin Cramer, Lindsey Graham and Senator Bill Haggerty sum up the opposition.

“Gives states’ authority to the federal government……Enacts unpopular reforms like ballot harvesting……Bans voter ID. S.1 is a partisan power grab….” Sen Cramer.

“S.1 was written by liberal Democrats for liberal Democrats to gain control over our nation’s election process,” Senator Graham.

MCCONNELL: The biggest lie being told in American politics has been that the states are involved in a systematic effort to suppress the vote. That's not happening. As we all know, we had the biggest voter turnout last year since 1900. pic.twitter.com/wrONnJTJpq

— Senate Republican Communications Center (@SRCC) June 22, 2021

The Senate Official Release on S.1: Rejected; On Cloture on the Motion to Proceed: Motion to Invoke Cloture: Motion to Proceed to S. 2093; A bill to expand Americans’ access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.

“This evening, an unprecedented, unconstitutional, and un-American power grab justifiably failed to advance in the #Senate. Fair and secure elections prevailed today, not an Act for politicians.” Sen Bill Haggerty.

President Biden and VP Harris Vow to Fight Back:

Just as many other releases from the White House, the response from The President and VP were already scripted and released immediately after the loss:

Biden: Today, Democrats in Congress unanimously came together to protect the sacred right to vote.

In supporting the For the People Act and defending the rights of voters, they stood united for democracy. They stood against the ongoing assault of voter suppression that represents a Jim Crow era in the 21st Century.

Unfortunately, a Democratic stand to protect our democracy met a solid Republican wall of opposition. Senate Republicans opposed even a debate—even considering—legislation to protect the right to vote and our democracy.

It was the suppression of a bill to end voter suppression—another attack on voting rights that is sadly not unprecedented.

The creed “We Shall Overcome” is a longtime mainstay of the Civil Rights Movement. By coming together, Democrats took the next step forward in this continuous struggle—not just on Capitol Hill, but across the country—and a step forward to honor all those who came before us, people of all races and ages, who sacrificed and died to protect this sacred right.

I’ll have more to say on this next week. But let me be clear. This fight is far from over—far from over. I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again—for the people, for our very democracy.

VP Harris: When we cast a ballot, we not only decide our leaders. We determine our future.

The right to vote is fundamental. It gives Americans a voice in what happens in our nation—whether that is in our economy or our national security, our education system or our healthcare system. When more people have a voice, our democracy becomes more representative, and our nation becomes stronger.

Today, across our nation, we are witnessing unprecedented attacks on voting rights. There are unjust bills in dozens of state legislatures that would limit early voting and vote by mail and otherwise make it harder for the American people to vote. Make no mistake: While these attacks are meant to silence some Americans, the impact is felt by all Americans.

At this critical moment, the United States Senate had a critical opportunity to make voting more accessible nationwide. The For The People Act has the broad support of the American people. Yet, as Senate Democrats united around the legislation, this afternoon, Senate Republicans voted against advancing it.

The President and I are undeterred, and I know the American people are as well. Like generations before, we will not give up, we will not give in, and we will continue the fight to strengthen the right to vote. We will fortify and expand the nationwide coalition on voting rights, and promote voter engagement and registration nationwide. We will lift up leaders in the states who are working to stop anti-voter legislation, and work with leaders in Congress to advance federal legislation that will strengthen voting rights.

I want to be clear that our Administration remains determined to work with Congress to pass the For The People Act, and we will keep working with Congress to pass the John Lewis Voting Rights Advancement Act.

Here is the bottom line: Our democracy is stronger when everyone participates—and it is weaker when people are denied meaningful access to participation. And that is why the right to vote is neither Democratic nor Republican. The right to vote is an American right.

It is our duty, at every opportunity, to protect and strengthen the right to vote.

The Act:

Voter Registration Modernization

•   Requires each state to make available online voter registration, correction, cancellation and designation of party affiliation.
•   Prohibiting states from requiring applicants to provide more than the last 4 digits of a Social Security number.
•   Requires chief state election officials to automatically register to vote any eligible unregistered citizens, while protecting from prosecution ineligible voters mistakenly registered. Deems state agencies and federal offices within a state as contributing agencies for the purposes of registration.
•   Requires states to permit voters to register on the day of a federal election, including during early voting.
•   Limits the authority of states to remove registrants from the official list of eligible voters in elections for federal office in the state based on interstate voter registration crosschecks.
•   Requires states to provide annual reports on voter registration statistics to the Election Assistance Commission.
•   Provides HAVA funds to implement the voter registration modernization reforms.
•   Makes it unlawful to hinder, interfere or prevent an individual from registering to vote. Instructs the Election Assistance Commission to develop best practices for states to deter and prevent such violations.Subtitle B – Access to Voting for Individuals with Disabilities

 Requires states to promote access to voter registration and voting for persons with disabilities and older individuals. Funds grants to improve voting accessibility for persons with disabilities and creates a pilot program to allow persons with disabilities to register and vote from home.

Subtitle C – Prohibiting Voter Caging

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 Prohibits the use of returned non-forwardable mail as the basis for removing registered voters from the rolls. Prohibits challenges to eligibility from individuals who are not election officials without an oath of good faith factual basis.

Subtitle D – Prohibiting Deceptive Practices and Preventing Voter Intimidation

 Prohibits providing false information about elections to hinder or discourage voting and increases penalties for voter intimidation. Prescribes sentencing guidelines for those individuals found guilty of such deceptive practices.

Subtitle E – Democracy Restoration

 Declares the right of citizens to vote in federal elections will not be denied because of a criminal conviction unless a citizen is serving a felony sentence in a correctional facility. Requires states and the federal government to notify individuals convicted of state or federal felonies, respectively, of their re- enfranchisement.

Subtitle F – Promoting Accuracy, Integrity and Security Through Voter-Verified Permanent Paper Ballot

 Requires states to use individual, durable, voter-verified paper ballots and that said ballots are counted by hand or an optical character recognition device. Provides the voter an opportunity to correct ballot should a mistake be made and requires that ballots are not preserved in any manner that makes it possible to associate a voter to the ballot.

Subtitle G – Provisional Ballots
 Requires that provisional ballots from eligible voters at incorrect polling places be counted.

Subtitle H – Early Voting

 Requires at least 15 consecutive days of early voting for federal elections. Requires that early voting locations be near public transportation, in rural areas and open for at least 10 hours per day.

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Subtitle I – Voting by Mail

•   Prohibits a state from imposing restrictions on an individual’s ability to vote by mail.
•   Requires state to carry out a program to track and confirm the receipt of absentee ballots and makes this information available to the voter who cast the ballot.
•   Requires the prepayment of postage on return envelopes for voting materials, which includes any voter registration form, any application for an absentee ballot, and any blank absentee ballot transmitted by mail.Subtitle J – Absent Uniformed Services Voters and Overseas Voters

•   Requires states to send absentee ballots at least 45 days before an election and allows civil penalty for failure.
•   Requires the electronic transmission of blank absentee ballots to certain qualified individuals in the same manner as those sent to UOCAVA voters, but does not allow for the electronic return of these marked ballots.Subtitle K – Poll Worker Recruitment and Training

 Requires the Election Assistance Commission to develop model training programs and award grants for training.

Subtitle L – Enhancement of Enforcement
 Allows individuals private rights of action and ability to file administrative complaints.

Subtitle M – Federal Election Integrity

•   Prohibits state chief election officials from participating in federal campaigns.
•   Prohibits using official authorities to affect the results of elections.

Subtitle N – Promoting Voter Access Through Election Administration Improvements

•   Treats universities as voter registration agencies.
•   Requires states to notify an individual, not later than 7 seven days before election, if the individual’s polling place has changed.
•   Requires states to allow voters to sign sworn affidavits to vote in lieu of presenting photo ID.
•   Provides accommodations for voters residing in Indian lands.
•   Ensures equitable and efficient operation of polling places, reducing long lines and wait times for voters.
•   Requires states to provide secured drop boxes for voted absentee ballots in elections for federal office.
•   Prohibits states from restricting curbside voting.
•   Imposes requirements for federal election contingency plans in response to natural disasters and emergencies.
•   Clarifies that absentee ballots shall be carried expeditiously and free of postage and allows states to use Help America Vote Act funds for the costs of establishing a program to establish an absentee ballot tracking program with respect to federal elections.
•   Requires the Attorney General to develop a state-based response system and hotline that provides information on voting, including voter registration, location and hours of polling places, and how to obtain absentee ballots, and provides immediate assistance to individuals encountering problems with registering to vote or voting.
•   Reauthorizes Election Assistance Commission beginning in fiscal year 2021, eliminates the existing funding cap, requires each state to comply with any EAC request for post-election survey following any regularly scheduled general election for federal office beginning in November 2022, directs the Election Assistance Commission to assess the security, cybersecurity and effectiveness of the Commission’s information technology systems and to review the effectiveness and efficiency of the state-based Help America Vote Act administrative complaint procedures for the investigation and resolution of allegations and violations, and repeals certain existing contracting exemptions for the Election Assistance Commission.
•   Amends the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to include the Commonwealth of the Northern Mariana Islands.
•   Clarifies that if any provision of this Title or amendment made by this Title is held unconstitutional, the remainder of the Title shall not be affect by the holding.

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Subtitle O – Severability Clause

 Clarifies that if any provision of this Title or amendment made by this Title is held unconstitutional, the remainder of the Title shall not be affect by the holding.

And the list goes on and on: