Re: [EL] Electionlawblog news and commentary 10/25/10 -- StatesWeigh Letting Noncitizens Vote

This may be too simple a question to ask, but how is such a federal law consistent with Article I, section 2, clause 1, and Article II, section 1, clause 2 of the Constitution? The first provides that the electors for the House are the same as those who are entitled to vote for the "most numerous Branch of the State Legislature" (with the 17th Am. following suit for Senate elections). The second gives to the state legislatures the power (plenary power, I would argue) to determine the manner of appointing presidential electors (including, subject to later amendments such as the 15th, the power to determine who can vote in any presidential election that the state legislature might choose to have for selection of presidential electors). The power of states to decide whether noncitizen immigrants could vote in federal elections was one reason why section 2 of the 14th Amendment was drafted to base representation on population rather than on qualified voters. The power of Congress under Article I, section 4, clause 1 to "make or alter ... Regulations" for congressional elections was not understood originally or at the time of the adoption of the post-Civil War Amendments to include the power to determine who was qualified to vote in congressional elections.

Mark Scarberry
Pepperdine

-----Original Message-----
From: John Tanner [mailto:john.k.tanner@gmail.com] 
Sent: Monday, October 25, 2010 9:35 AM
To: Scarberry, Mark; election-law-bounces@mailman.lls.edu; Election Law
Subject: Re: [EL] Electionlawblog news and commentary 10/25/10 -- StatesWeigh Letting Noncitizens Vote

Oops
Federal law prohibits non-ctizens from voting in FEDERAL elections.
Some local governments can and do allow non-ctizens to vote

On Mon, Oct 25, 2010 at 12:23 PM,  <john.k.tanner@gmail.com> wrote: