why mandatory voting is unconstitutional

State Sen. Will Haskell (District 26) has introduced a bill that would penalize you with a fine if you do not vote in an election. Bedrooms: 4Baths: 3 full, 1 halfTwo car garageGuest Suite/Home officeSq ft: 4,029Acres: 2.18Year Built: 1983 Karen Fassuliotis. Put simply, the First Amendment guarantees that our government cannot force folks like me and you to speak, or, in other words, to vote. Philadelphia, PA 19106. Get ready non-voters! Mandatory voting is a violation of our civil rights, just as denying a citizen a right to vote is a violation. President Obama got a lot wrong when he broached this idea at a town hall in Cleveland. Prior to this Amendment being ratified, a poll tax would not allow you to vote unless you paid a tax. The concept that voters don’t like or agree with their views of an all-powerful government that tells us what to do from birth to death just can’t be true in their eyes. Impeachment Follies: Why the Senate Cannot Try Trump. If he and they did, they would find that this bill would not stand up to constitutional scrutiny. Mr. Haskell may point to foreign governments, such as Australia, which has passed laws making it mandatory to vote. Arguments against mandatory voting Voting is a right, not a duty. Opposition Congress has written to the Gujarat government-appointed committee that the state law providing for mandatory voting is unconstitutional and unclear, and it should not be enforced. 2. Jan. 29, 2021 Updated: Jan. 29, 2021 9:11 p.m. ... which has passed laws making it mandatory to vote… Taking time out of my day to cast a vote … Senator Will Haskell (District 26) has introduced a bill in the State Senate that would penalize you with a fine if you do not vote … As Australia heads to the polls, some are asking whether the country's compulsory voting policy is still necessary and relevant, reports the BBC's Katie Beck in Sydney. There is no doubt that we should encourage Americans to exercise their right to vote. The 18th Amendment, ratified in 1919, prohibited the sale of alcohol until the 21st Amendment repealed it in 1933. 1) You can't make people vote. ... toward its death with vote … Perhaps Mr. Haskell, and any other Connecticut legislator who thinks his idea is a good one, should read the Constitution of the United States. That is because non-voters aren’t that different than voters in their partisan outlook and because, as Sides correctly points out, many elections (such as congressional ones) “aren’t that close.”. Opposition Congress has written to the Gujarat government-appointed committee that the state law providing for mandatory voting is unconstitutional and unclear, and it should not be enforced. Clearly Mr. Haskell’s bill, if law, would not pass Constitutional muster. If anything, compulsory voting is constitutionally warranted. Martino understands something that Obama apparently does not. The vast majority of them choose not to vote because they don’t like the candidates or the campaign issues or are simply not interested in the political process. I remind people all that time that men and women in our military have fought wars and died so that we can exercise the freedom to vote in an election. There are several reasons why some people say mandatory auto insurance is unconstitutional. In countries where mandatory voting is not part of the government structure, the decision to not cast a ballot is still a vote. Indeed, Italy rescinded such a law. Compulsory voting is not just unwise, it is unconstitutional. – Jon Redmond, Nicole Pate, Kevin O’Connor, Carol Zarilli and Bill Drake. 525 Arch Street. GPD ORCA Unit Charge Duo with Organized Retail Theft, Parks & Rec Upcycling Project: White Pines Move from Pomerance to Greenwich Point, CVS Health expands community access to COVID-19 vaccines, Bill Would Prohibit Greenwich from Charging More to…, P&Z Watch: Controversial 8-30g Affordable…, All 13 GHS Students Recognized as National Merit…, Elderly CT Resident Defrauded $1.2 Million, Driver Asleep in Car by Glenville War Memorial is…, GPD: Woman Charged with Hundreds of Counts of…, Greenwich Police Charge NYC Man with Dozens of…, Greenwich Man Known to Police Charged with Selling…, New Varsity Football Head Coach Named at GCDS. It will not bring more voters to vote for him or any other candidate. 215.409.6600 The "ignorant" and those with little interest in politics are forced to the polls. Mandatory voting is a violation of our civil rights, just as denying a citizen a right to vote is a violation. Tweet. The First Amendment protects not just the right to speak, but the right to refrain from speaking. That an American president would propose such a troubling change to the Bill of Rights that would gut the First Amendment is shocking — as is his complete lack of embarrassment over making such a proposal. People should have the option to refuse to participate in the system if they choose. Others have argued that compulsory voting improves the caliber of the person elected to the office since the election is not determined by voter turnout but by swing votes. Voting is the most written about constitutional right. However, encouraging someone to vote is different from coercing them to vote. GROUP LETTER: Please Fund Bike Study in FY 2022 Town Budget. As my former Justice Department colleague J. Christian Adams says, if the president proposed mandatory prayer, such a proposal could be subject to “laughter, ridicule and endless citation of the Free Exercise clause” of the First Amendment. If the president and the federal government were trying to force people to exercise other rights protected by the First Amendment, liberals would be up in arms about it. Listed by: Monica CollinsAnderson Associates, Ltd.164 Mason StreetGreenwich, CT 06830Email: [email protected] 203-561-5582 I believe the United should not enact mandatory voting laws, because it would be unconstitutional; it would go against the first amendment and it would make people pay fines for not voting. Of course, not to be outdone, the president also said at his town hall that it would be “fun” to amend the First Amendment to restrict the free speech rights of Americans to contribute money to the candidates and causes they like and agree with. Surprising though it may seem, of all the rights … In addition, many people feel that mandatory auto insurance is unconstitutional because it promotes discrimination. But if a poll tax to vote is now prohibited by our Constitution, Mr. Haskell’s mandatory fine on people who choose not to vote would be, in essence a reverse poll tax, which would penalize any American who decides not to vote. ... will be tamped down so as not to seem quite so alarming — or mandatory. This beautifully maintained home set on 2+ acres is the perfect tranquil retreat. The special meeting was scheduled at the request of Democrats on the BET after an outcry from public school parents over cuts to the education budget. Don’t get me wrong. And if you are reading this, please make sure you contact your legislator in the House and Senate in Hartford to tell them that this bill should not be allowed to become law in Connecticut. Think about it. Opinion: Haskell bill to make voting mandatory is unconstitutional. In fact, countries such as Australia enforce their voting requirement by imposing fines on non-voters. The government cannot force you to speak or to vote (or to say a prayer). The open yet traditional floor plan is ideal for entertaining family and friends. If we made “America From Scratch” today, would we have compulsory voting? 7 Old Camp LaneCos Cob, CT 06807 As Martino said, “Forcing people to vote violates their freedom of speech, because the freedom to speak includes the right not to speak.” Please SUBSCRIBE! They stress that penalties for non-voting should be minimal and that religious or conscientious exemptions should be … Thus, it would seem our Founders would not approve of such over-reach of government and, it is my opinion, they would deem such action unconstitutional. Get ready non-voters! Is Biden Commited to Unity or Unilateral Action. And there is no question that we are speaking when we make our choices in the ballot booth. "Each time taxes are raised in our state, more people move away. The first is acceptable, the second clearly is not. Without compulsory voting, many disillusioned voters would turn away from politics altogether and stop voting; but because they have to find someone to vote for, new contestants, many from outside the established political class, enter the fray to pick up their protest … The vast majority of them choose not to vote because they don’t like the candidates or the campaign issues or are simply not interested in the political process. Independence Mall. The Undies Project "Mardi Bra” drive is held each year to coincide with Mardi Gras. Get ready non-voters! The beauty of our system, however, rests in a citizen’s ability to use the judicial system for redress of grievances until society finally, if ever, deems the results acceptable. It is a vote that says the voter rejects all candidates, the structure of the government, or other personal reasons. The BET held a special meeting via Zoom on Tuesday afternoon with just one item on the agenda: to reconsider FY 21 approved budget before it gets sent on to the RTM for approval. As states across the country prepare to deal with monumental increases in mail-in voting ballots this election season, the Trump Administration has been ramping up its efforts to dismantle the capabilities of the U.S. But just as the First Amendment protects our right to speak, it also guarantees all of us the right NOT to speak. ...order to address this problematic issue, many governments take the aggressive measure of compulsory voting to constitute more public involvement in politics. Both sides of the issue have their reasons why mandatory-voting laws should or should not be passed. Dionne urge the U.S. to adopt mandatory voting. Perhaps Mr. Haskell, and any other Connecticut legislator who thinks his idea is a good one, should read the Constitution of the United States. Senior Fellow William Galston, the Ezra K. Zilkha Chair in Governance Studies, imagines a “future in which Americans must vote, or face a … Senator Will Haskell (District 26) has introduced a bill in the State Senate that would penalize you with a fine if you do not vote in an election. Gujarat's mandatory voting law is unconstitutional: Congress. Women weren’t allowed to vote until 1920. He also said, "That's what a democracy is about. The Italians ultimately realized that such a law impinged on the right to free speech because the freedom of speech includes the right not to speak. If a person votes they are, in reality, speaking as to their choice of which candidate they prefer. Our leaders are supposed to be elected by majority. One of the major reasons is that these people claim that the government is forcing them to purchase a product, which is unconstitutional. In what way is it unconstitutional? But coercing Americans to vote is not only unconstitutional, it is bad public policy. And contrary to what Mr. Haskell and his like-minded legislators believes, forcing non-voters into the voting booth will not transform American into the progressive “utopia” that he and those that think like him believe to be true. Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration. But the academic research shows this isn’t true. Greenwich Free Press (https://greenwichfreepress.com/letter-to-the-editor/fassuliotis-mandatory-voting-is-unconstitutional-153679/). While Obama may admire the small number of countries that make voting mandatory, such a requirement violates the basic constitutional rights that Americans enjoy and our most cherished liberty: the right to be left alone by the government. That’s because Mr. Haskell’s bill is unconstitutional. Mandatory vaccination is "absolute, arbitrary power." The idea of mandatory voting during U.S. elections is a much-debated topic in the United States.Making voting mandatory for all citizens, is debated to be something that could be either positive or negative. - Hans von Spakovsky is a senior legal fellow at the Heritage Foundation. The residents who are leaving are the residents we need most. some kind of compulsory voting law, representing 17% of the world’s democratic nations.9 The effect of compulsory voting laws on voter turnout is substantial. It would not guarantee increased awareness or education of the issues, and it could make politicians and parties lazier. He couched his comments in terms of a mandate by the people. If he and they did, they would find that this bill would not stand up to constitutional scrutiny. Voting is not an intrinsic obligation and the enforcement of such a law would be an infringement of the citizen’s freedom associated with democratic elections. Census Bureau surveys of non-voters also show that the president is wrong in his assessment of why people don’t vote. Election Law Reform Initiative and Senior Legal Fellow. “We decided to go ahead with our "Mardi Bra” drive despite the still uncertain and challenging times," said Lucy Langley, Co-President of The Undies Project, “We believe people are eager to continue to help, and the need is now greater than ever.". As my co-author John Fund points out, the former Italian foreign minister Antonio Martino, said that “there was finally a consensus that it was a basic infringement of freedom.”. Aside from the violence inherent in the system, mandatory voting has conceptual problems. Just more evidence of how much this president disdains the liberty that the Constitution was designed to protect and that Americans take for granted as a birthright. In fact, his own Justice Department hasn’t filed a single lawsuit under the relevant portion of the Voting Rights Act that prohibits anyone from keeping voters away from the polls. It says a lot about President Obama’s political and social views that he talks about imposing a requirement that even socialist-minded countries such as Italy have rescinded. Submitted by Karen Fassuliotis. The president apparently does not believe that the right to speak, which is protected under the First Amendment, includes the right not to speak. Supporters say wearing face coverings is the responsible thing to do during a health crisis. Hopefully the majority of our legislators will exercise their voices to let this bill die in Committee. I could provide other examples of countries who imposed fines on those that did not vote, but ultimately reversed their mandate. Conversely, when a person does not vote they are exercising their right NOT to speak and, as a result, they are sending a political message. He claimed that immigrant groups and minorities are being kept “away from the polls.” That is completely false. Yes, voting should be mandatory. Their choice not to vote sends its own message to candidates and political parties about their relevance or irrelevance to the lives of those nonvoters. LETTER: If You Voted For State Democrats, Do You Have Buyers Remorse Yet? Many of African descent were barred from voting because they could not afford to pay the tax. From my research there are mainly three reasons why voting should not be mandatory: 1. Listed at: $1,800,000 In 1964, we ratified the 24th Amendment, which prohibits making voting contingent on paying a poll tax. Postal Service (USPS). TURNER: The Solutions are Unity, Teamwork and Honesty, Not New Taxes. Casting a vote is speech. Indeed, research has shown that the vast majority of those who do not vote are simply either not interested in the candidates, do not identify with the issues of the election or they are simply not interested in the political process. If Mr. Haskell and the rest of our legislatures in Hartford need further convincing, they should also look to the 24th Amendment, which was ratified in 1964. There haven't been many, if any, presidents who have had over half of the full voting population vote for them. But in the United States, such a requirement would violate the basic constitutional right enjoyed by us all – the right to be left alone by the government. While Obama may admire the small number of countries that make voting mandatory, such a requirement violates the basic constitutional rights that Americans enjoy and our most cherished liberty: the right to be left alone by the government. Governor O P Kohli gave assent to the Gujarat Local Authorities Laws (Amendment) Bill 2009 in … Even though the government believes this is going to solve this issue, there are many drawbacks to this approach for example; this method is unconstitutional, citizens lives are jeopardized, and the results of the elections … Their choice not to vote is a political message unto itself – and to force them to speak differently by forcing them to vote is simply prohibited by our Constitution and is contrary to what this nation was founded on. Casting a vote is speech. When we don’t vote, we are again making a choice, a choice not to speak that also sends a political message. This site built with Project Largo from the Investigative News Network and proudly powered by WordPress. Yet President Obama is now proposing what would in essence be a reverse poll tax on any American who decides not to vote. The general U.S. Public is not educated enough to make an informed decision that will be beneficial to the country, 2. Is compulsory, or mandatory, voting the answer? “The leading argument against compulsory voting is that it is not consistent with the freedom associated with democracy. The choice to not vote speaks of more freedom than the requirement to vote or pay a fine. Their departure is our collective loss." Mandatory voting leads to a higher voter turnout which results in a higher degree of political legitimacy. Arguments Used Against Compulsory Voting Some suggest that it is undemocratic to force people to vote and is an infringement of liberty. Fassuliotis: Mandatory Voting Is Unconstitutional By: greenwichfreepress | January 28, 2021. Print. I am the first to agree that, regardless of party or non-party affiliation, we should all be encouraging people to vote. The First Amendment covers the right not to vote. This Amendment bars the imposition of a poll tax. Why_is_Mandatory_voting_bad_(debate) - Resolution Compulsory voting should be required in all United States Presidential Elections Claim 1 Worse Amber Herrle and E.J. Compulsory voting, also called mandatory voting, is the requirement in some countries that eligible citizens register and vote in elections.Penalties might be imposed on those who fail to do so without a valid reason. People that don't vote is because they either feel that it is not worth it, or don’t have time for it. However, Dershowitz was clever. Even if the constitutional problems with mandatory voting could be overcome, “compulsory voting would change the outcome of very few elections,” according to Professor John Sides of George Washington University. The only suit like that in recent memory is the one filed in the final days of the Bush administration against the New Black Panther Party for intimidating voters and poll watchers in Philadelphia in 2008 – and the Justice Department promptly dismissed that lawsuit almost as soon as Eric Holder took over. In the United States, our Constitution, through the First Amendment, guarantees that all of us have the right to speak. These are wealthier individuals, successful corporations, taxpayers and job creators who contribute so much to our state’s economy. Multivariate statistical analyses have shown that compulsory voting laws raise voter turnout by seven to sixteen percentage points.10 The effects are likely to be even greater in a It’s unconstitutional and it is simply bad policy. President Obama recently praised the idea of “mandatory voting,” saying it would be “transformative” and “completely change the political map in this country,” showing again how unbound he feels by the limits imposed on the power of government by the Constitution and the Bill of Rights. They seem to think that if they can just force non-voters into voting booths, then they will win elections and America will be “transformed” into a progressive utopia. Others say a mandatory mask order violates their constitutional rights. 'Vaccine passport' is outrageously unconstitutional. 7 Old Camp Lane, Cos Cob, CT 06807 Special BET Meeting to Reconsider FY '21 Budget Amounts to Lengthy Argument over Robert's Rules, Adjournment, BET Cuts Greenwich Schools Budget $3 Million in Party Line Vote, LETTER: Greenwich Women Stand With Harry Arora, HOUSE OF THE WEEK: Spacious, Tranquil Retreat on 2 Acres Beckons Family and Friends, 2021 “Mardi Bra” Drive Is Underway in Greenwich. This mandatory voting idea appeals to progressives such as Barack Obama because they just don’t understand it when voters reject them, as voters did in the mid-term congressional elections in 2014 and 2010.

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