Replies

Under the Constitution, the federal government can regulate federal elections:

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [sic] Senators.”

So, since the federal government has a form on which a person swears under penalty of perjury, that he or she is a citizen, and that’s good enough for the feds, then that’s good enough.

One response to this law is to hold state and local elections on dates other than the dates of federal elections, like we do in Virginia, using odd years for the state elections, and require photo i.d. for the state elections.

Another response to the law is to investigate persons for whom there is reason to believe are not citizens but have signed the federal form swearing under penalty of perjury, etc. According to one source, here is the law regarding perjury here in Virginia:

The government must prove three elements beyond a reasonable doubt in order to secure a conviction for perjury in Virginia. First, the government must prove that the defendant made a false statement under oath or false written statement under penalty of perjury. Second, the prosecutor must prove that the defendant did so knowingly and willfully. Finally, the government must prove that the statement was “material” to any issue being tried or heard.

The falsity of any statement must be established by two or more witnesses or by one witness whose testimony is corroborated by independent evidence. In order for a statement to be “material,” the statement must be relevant to the fact that is being tried or heard or to any substantial circumstance which tends to prove or disprove such fact.

Perjury in Virginia is punishable by imprisonment from one to 10 years, confinement in jail for up to 12 months, and/or a fine of up to $2,500. Virginia Code §18.2-434. Virginia Code §8.01-4.3.

It’s me again. It seems that the second part, the “knowingly and willingly part,” is the stickiest point. So, when a voter presents himself at the polls based on the federal form only, it would be a good thing to inform the voter of his statement and then arrest his ass. I figure $2,500 per illegal alien could add up to a pretty penny, and we could then offer to use that money to fly the illegal home in lieu of ten years in jail.