Background of news –
Presidential elections
By Bertram Benedict
Although the soldier vote bill leaves to the states the decision on whether to use the federal ballot, and although the bill repeals most of the Soldier Voting Act of 1942, the bill leaves untouched the most contentious section of the 1942 act. This section orders the states to waive their registration requirements in federal elections for members of the Armed Forces qualified to vote. It also bans the poll tax as a requirement for voting by any member of the Armed Forces in a federal election.
Several states have already reported that they are constitutionally unable to comply with these requirements, and other states undoubtedly will disregard them. there seems to be nothing the federal government can do to enforce compliance. The Constitution allows the federal government only to make regulations on the “times” and “manner” of holding elections for Senators and Representatives, and on the “places” of holding elections for Representatives.
There has been some speculation on whether a move might be made to declare the presidential election of 1944 invalid if the states disregard federal regulations on the subject, but the speculation seems unwarranted.
Considered state officials
The Constitution prescribes how the presidential electors shall cast their votes within the states. The electors are considered state, not federal, officials (if they are remunerated fir expenses, the remuneration comes from the states). The Constitution does prescribe that the votes of the presidential electors shall be counted in the presence of both houses of Congress, but it does not say how they shall be counted.
Congress undoubtedly has the authority to reject any electoral vote submitted, but only if the electoral vote thus submitted was submitted improperly, or contravened an express provision of the Constitution.
In 1868, for instance, the vote of Georgia was rejected largely because the state was held not yet eligible to participate in the election. In 1872, the electoral votes of Arkansas and Louisiana were rejected as not representing the true results in those states. Congress also refused to accept three votes from Georgia for the Democratic candidate, Horace Greely, because he had died after the election was held. And in 1876, Congress passed upon several cases of electors who were alleged to be constitutionally disqualified because they were federal officeholders.
In 1887, Congress passed the Electoral Count Act which practically allows each state to decide any dispute arising out of a presidential election within its borders, and forbids Congress to interfere with that decision. In any event, the concurrence of both houses of Congress is necessary to reject the electoral vote submitted by any state.
Federal inspectors used
In one of the “Force” acts, that of Feb. 28, 1871, Congress authorized the use of federal inspectors in elections for the House of Representatives, on application to a federal court. In the election of 1876, some 7,000 U.S. deputy marshals supervised elections in the Southern states. there was grave doubt as to whether the 1871 act was constitutional, and it was repealed in 1894.
What caused the dispute in the election of 1876 between Hayes and Tilden, and its final adjudication by an electoral commission set up by Congress, was the fact that in several Southern states the government of the state was in dispute between rival factions, each of which sent in an electoral vote. Congress had to decide which return from those states to accept.
Although the commission probably decided several of these contests improperly, several of the Southern states probably had violated the law in denying votes to Negroes, and it was commonly said at the time that the Democrats stole the election at the polls and the Republicans stole it back again in Congress.