Ame®icano;2220746 said:Ame®icano;2220128 said:She didn't say anything different then I. Read it yourself.
Actually, it is different. Go over that second part again. The fact is all States allow citizens to vote for Electors, and I can't see that changing at this point even if technically it's allowed. Could you imagine the outcry over taking away the right to vote for President?
But there is nothing here to justify restricting the franchise on the basis of financial status, ability to pay, employment status, or any other way you try to look at welfare recipients. One person, one vote, no exceptions.
And to head off the felon argument, that's based on a different rationale, line of cases and power altogether.
You can't see it changing, but it doesn't mean states can't change it.
You said it yourself: "technically it's allowed". I am not questioning your opinion on should state election law be changed, I am saying that states has right to change the law and it CAN be changed withing constitutional boundaries.
Also, you're saying that there is nothing to justify restrictions but there is nothing that is saying that restrictions can't be implemented. In fact every state has voting rules and most of them are implementing restrictions of some kind. For example, in New York no ID is required at the polls, some counties in Alabama require oral exam about the Constitution when registering, in Virginia, Florida, Kentucky and one more state (don't remember) felons are banned from voting for life, Minnesota allows same day registration as voting...
All those rules/restrictions are legal and constitutional. Could I imagine taking away my right to vote? As long is constitutional, yes.
You're mixing several different issues together here as far as process vs. restrictions.
For example, when and how any eligible voter can register is a purely procedural rule and not a restriction on voting. Same thing with deadlines on registering, deadlines for absentee ballots, type of voting machines used, and the like. States always have the ability to decide the "how" and "when" unless there are specific Constitutional requirements to the contrary.
I realize there is an argument that requiring ID at the polls is restrictive, but set that aside for the purposes of this specific thread and again you are talking about a procedural "how" requirement, not a sweeping restriction on who may vote.
I'll get back to you with sources and a full explanation on restricting felons, but the short and sweet of it is that by denying convicted felons the right to vote the States are exercizing their police powers under the 10th Amendment (Not Article 2 and the 14th) to set penalties for behavior that violates specific criminal laws, itself already subject to the dictates of the 14th. Restrictions based on criminal behavior don't fall under the same rationale as restrictions based on things like class or financial status, as the latter is not a conscious choice to violate the standards of the law punishable by the State. I'll get you more on that in a bit.
This is the first I've heard of poll tests currently in use, and I'll need to look into that. A link would be appreciated. Poll tests are and have been expressly prohibited along with poll taxes as violating the 14th. If somebody figured out a way around that, I'm interested in seeing it.
And of course theoretically States can both grant and take away the right to vote for Presidential electors, it's right there in black and white in Article 2 Section 1, the Legislatures have the authority to determine - and, obviously, redetermine - how electors are selected:
COTUS said:Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
Article II | LII / Legal Information Institute
But in a practical sense, it's never going to happen. The backlash would make the French Revolution look like a pleasant walk in the park.
The point being made by SCOTUS in Bush v. Gore is that once the State decides to grant the right to vote for Presidential electors to the people, it has to treat it as a fundamental right under the 14th and grant it to all citizens regardless of membership in a certain class - whether that class be race, religion, financial status, education level, or any other grouping NOT based on illegal behavior. It becomes a 14th Amendment issue rather than a 10th Amendment one. And that's where you'll run into probalems with poll taxes and restricting the franchise based on financial status or property ownership. It is discriminatory toward specific classes of citizens based solely on status, which is a no-no.