FOOLISH ELECTION DAY WORRIES

In the July 19 issue of "Newsweek" Michael Isikoff writes: "American counterterrorism officials, citing what they call 'alarming' intelligence about a possible Qaeda strike inside the United States this fall, are reviewing a proposal that could allow for the postponement of the November presidential election in the event of such an attack."(1) That report was surprising enough that even Senator John Kerry interrupted his foolishness on the campaign trail to go get himself updated with a national security briefing he hadn't taken time for in previous weeks.

As Isikoff reported: "The prospect that Al Qaeda might seek to disrupt the U.S. election was a major factor behind last week's terror warning by Homeland Security Secretary Tom Ridge." Not reported by many news sources, though, is the fact that, as Isikoff reported, there was a very large "but" in Ridge's statement. "Ridge and other counterterrorism officials concede they have no intel about any specific plots."

So, what we've got here is nothing but a big old "maybe." Nothing but a "what if," in other words.

Well, sure terrorists would like to interfere in our elections. Problem is, we are not a country like Spain or France. That won't work here.

So, maybe we should put the would-be terrorists on notice right now: Cause problems here and it will go far in unifying the American people behind a President who we know will take immediate action and kick some terrorist ass. As President Bush told the people of Michigan last Tuesday, "I will never relent in bringing justice to our enemies. I will defend the security of the United States, whatever it takes." Simply put, no matter what else some may think of the politics of President Bush, the American people know that statement to be the honest truth.

Tom Ridge did not originate this election story, though. Apparently, this silliness starts with DeForest B. Soaries Jr., chairman of the newly created U.S. Election Assistance Commission.(2)

Yeah, yet another independent federal agency with little or nothing worthwhile to do. So, they created something.

"The U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA). Central to its role, the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections. According to the text of HAVA, the law was enacted to . . . establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and for other purposes," etc., etc., etc.

Funny thing, we see no authority for playing "what if" there, nor is there authority for even suggesting changes to the U.S. Constitution -- which is what would be necessary to change the date of the presidential election.

Nonetheless, Soaries wants Ridge to seek emergency legislation from Congress empowering his agency to postpone the election, if they feel it necessary. This brings to mind the words of Nancy Reagan when she was First Lady: "Just say No!"

It is, in fact, true that terrorists could cause problems here just before the election. However, it is impossible for terrorists to cause more than a couple localized problems. Which means, the election may proceed as scheduled with, perhaps, special arrangements made for any localities that may have been affected. At no time in our history has an election been postponed and, short of an all out attack on the United States, it should not be.

Those wishing to read current Presidential Election Law may visit the Cornell Law Library(3) for the particulars. EAC does not seem to have a function in this scheme and should be told so.

"Ridge and other counterterrorism officials concede they have no intel about any specific plots." So, what we've got here is nothing but a big old "maybe." Nothing but a "what if," in other words.

Problem is, we are not a country like Spain or France. That won't work here.

Actually, Article I, Section 4, of the Constitution gives authority over election laws to the 50 separate state legislatures. However, it also gives Congress superceding power over the "Times, Places and Manner" of elections, if it chooses to act.

So, the election could be postponed without amending the Constitution if and only if Congress passed a law to that effect, either with the signature of the President or over a presidential veto. That's it.

The head of this newly created election commission at the federal level should be fired for failing to understand and stay within the congressional mandate for his agency. It would also be a lesson to bureaucrats in many other gummint agencies to obey the restraints that the laws place on them.

Congressman Billybob

Latest column, "John Kerry & John Edwards: You've GOT to be Kidding"

Until the day when voting is entirely done in the privacy of ones own home, the act of voting will be vulnerable to terrorist threats and terrorist attacks. The release of biological WMD a day or two before the election day could be devastating. I can hear ABC/NBC/CBS/CNN talking heads warning potential voters about the 'suspicious white powders and suspicious mass illnesses showing up in key conservative areas in key battle ground states'. Not planning for this is just plain stupid. In the current situation, terrorists could directly affect regional voting patterns and directly determine who wins the Presidential race. We would be powerless to stop it.

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