The national League includes the League of Women Voters of the United States and the League of Women Voters Educational Fund. [...] As the leader of the coalition whose work led to the enactment of the National Voter Registration Act of 1993 (“NVRA”), the League is now its foremost defender. [...] 9 2772675 Case: 24-3188, 08/20/2024, DktEntry: 185.2, Page 19 of 44 reserves the power and manner of the appointment of presidential electors to the states, leaving Congress without authority to regulate presidential elections beyond determining “the Time of [choosing] the Electors, and the Day on which they shall give their Votes.” Id. [...] 651 (1884), the Court found that it was the federal government’s duty to ensure that “the votes by which its members of congress and its president are elected shall be the free votes of the electors, and the officers thus chosen the free and uncorrupted choice of those who have the right to take part in that choice.” Id. [...] The Yarbrough Court identified this authority in multiple provisions of the Constitution, including the Elections Clause, the Necessary and Proper Clause, and the Fifteenth Amendment.
Organizations mentioned
- Pages
- 105
- Published in
- United States of America
Table of Contents
- CORPORATE DISCLOSURE STATEMENT 3
- Table of Contents 4
- Table of Authorities 6
- I. INTEREST OF AMICI CURIAE0F 10
- A. League of Women Voters 10
- B. League of Women Voters of Arizona 11
- C. Secure Families Initiative 12
- D. Modern Military Association of America 13
- II. SUMMARY OF ARGUMENT 15
- III. ARGUMENT 18
- A. For 140 years, courts have consistently recognized Congress’s authority to regulate presidential elections. 18
- B. Constitutional history is consistent with the precedent that Congress has power to regulate presidential elections. 24
- 1. Congress has authority to regulate presidential elections under the Elections Clause, Electors Clause, and Necessary and Proper Clause. 24
- 2. The Reconstruction Amendments further augmented Congress’s authority to regulate presidential elections. 28
- C. Eliminating congressional authority to regulate presidential elections would undermine federal elections and voting access. 30
- 1. The NVRA 31
- 2. UOCAVA and the MOVE Act 34
- D. Enforcement of H.B. 2492’s DPOC regulations would violate the LULAC Consent Decree. 36
- IV. CONCLUSION 41
- CERTIFICATE OF COMPLIANCE 43
- CERTIFICATE OF SERVICE 44
