1. United States
  2. Colo.
  3. Letter

Oppose Unconstitutional Federal Takeover of State Election Authority

To: Sen. Bennet, Rep. Crank, Sen. Hickenlooper

From: A verified voter in Colorado Springs, CO

February 15

I am writing to urge you to oppose President Trump's threatened executive order mandating voter identification for midterm elections and to vote against the SAVE America Act, which the House passed on Wednesday with only Republican support and one Democrat, Rep. Henry Cuellar of Texas. The Constitution explicitly grants states the authority to prescribe the "times, places, and manner of holding elections for senators and representatives" through their legislatures. Legal experts are unequivocal that a presidential executive order imposing voter ID requirements would be unconstitutional. Nate Persily, a law professor at Stanford University, stated clearly: "The Constitution is clear on this. There are a lot of things where it's ambiguous, but it doesn't give unilateral regulatory authority for election to the president." A federal judge already permanently blocked Trump's March 2024 executive order attempting to alter voting laws, ruling that the president lacks this authority. The SAVE America Act would require states to obtain documentary proof of citizenship in person before someone can register to vote in federal elections, such as an American passport or birth certificate. This represents a dramatic federal overhaul of state election systems. Senate Minority Leader Chuck Schumer called it "Jim Crow type laws" imposed on the entire country. Even Republican Senator Lisa Murkowski of Alaska opposes the bill, reminding her GOP colleagues that they claimed as recently as 2021 to oppose federal election mandates to states. Current law already requires voters to attest to their citizenship under oath, with violators facing criminal penalties. Data shows that voting by noncitizens is already illegal and rare. These new restrictions would disenfranchise eligible voters who lack the specific documents required. I ask you to defend the constitutional separation of powers and state authority over elections by opposing both the executive order and the SAVE America Act. Our system of checks and balances depends on Congress rejecting presidential overreach, regardless of party.

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