Sec. 3. General findings
279 words·~1 min read·
/bill/117/hr/8528/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: According to Article 1, Section 4 of the Constitution of the United States, the States have the primary role in establishing (t)he Times, Places and Manners of holding Elections for Senators and Representatives , while Congress has a purely secondary role in this space and must restrain itself from acting improperly and unconstitutionally. Federal election legislation should never be the first step and must never impose burdensome, unfunded Federal mandates on State and local elections officials.
When Congress does speak, it must devote its efforts only to resolving highly significant and substantial deficiencies to ensure the integrity of our elections. State legislatures are the primary venues to establish rules for governing elections and correct most issues. All eligible voters who wish to participate must have the opportunity to vote, and all lawful votes must be counted. States must balance appropriate election administration structures and systems with accessible access to the ballot box.
Political speech is protected speech. The First Amendment protects the right of all Americans to state their political views and donate money to the candidates, causes, and organizations of their choice without fear of retribution. Redistricting decisions are best made at the State level. States must maintain the flexibility to determine the best redistricting processes for the particular needs of their citizens. Congress has independent authority under the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to ensure elections are conducted without unlawful discrimination.
The Voting Rights Act, which is not anchored in Article 1, Section 4 of the Constitution, has seen much success since its first passage in 1965, and Congress should continue to exercise its constitutional authority in this space as appropriate.