[EL] Printz/elections question

[Smith, Brad]

Or maybe this is an Inter-Tribal question. After Printz v. US, can the federal government require a state to hold federal elections? It can set the time, place, and manner of the election, and it can send federal officials to monitor and enforce the federal law. But can it force state officials to carry out the federal election if the state simply refuses? I assume it could send in federal officials as necessary and proper to carrying out its powers under the elections clause. But can it force state officers to do the job? Or is this different than Printz because the Constitution requires the states to hold elections for federal office (the legislators "shall" prescribe time, place, and manner of elections, subject to congressional alteration)?


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx
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