Biden’s Justice Department Says Election Laws On Books Prior To 2020 May Not Be ‘Presumptively Lawful’


OPINION: This article contains commentary which reflects the author's opinion


It appears that the Joe Biden administration wants to take steps to ensure that the voting conditions that led to his victory in the 2020 presidential election continue forever.

Under the banner of “voting rights” the administration seeks to keep many of the changes, particularly widespread mail-in voting, that led to weeks of ballot counting and tons of controversy.

As Ballotpedia states, “Administrators at the state and local level are responsible for running elections.” But Biden and his Justice Department appear to differ.

Attorney General Merrick Garland issued a statement on Wednesday essentially warning states to beware if they decide to enact their own election laws, as is their Constitutional right. The backdrop for this is, of course, the notion that somehow laws to safeguard the integrity of elections infringes on civil rights.

“The right of all eligible citizens to vote is the central pillar of our democracy, and the Justice Department will use all of the authorities at its disposal to zealously guard that right,” he said. “The guidances issued today describe certain federal laws that help ensure free, fair, and secure elections. Where violations of such laws occur, the Justice Department will not hesitate to act.”

“The Department of Justice is committed to protecting the right to vote for all Americans and ensuring states are complying with federal voting laws,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said. “Whether through litigation or the issuance of official guidance, we are using every tool in our arsenal to ensure that all eligible citizens can exercise their right to vote free from intimidation, and have their ballots counted.”

The first guidance document, entitled “Guidance Concerning Federal Statutes Affecting Methods of Voting,” provides guidance regarding how eligible citizens cast their ballots. The guidance document addresses efforts by some states to permanently adopt their COVID-19 pandemic voting modifications, and by other states to bar continued use of those practices, or to impose additional restrictions on voting by mail or early voting. In addition, this guidance document discusses federal statutes the department enforces related to voting by mail, absentee voting and voting in person.

The second guidance document, entitled “Federal Law Constraints on Post-Election Audits,” provides information on the how states must comply with federal law when preserving and retaining election records and the criminal penalties associated with the willful failure to comply with those requirements. This guidance document also details the statutes that prohibit the intimidation of voters and the department’s commitment to act if any person engages in actions that violate the law.

And get this. In its guidance manual, the Justice Department contends that going back to the same laws that were in place before the pandemic may not be considered lawful by them.

“Since the 2020 election, some States have responded by permanently adopting their COVID-19 modifications; by contrast, other States have barred continued use of those practices or have imposed additional restrictions on voting by mail or early voting,” in said a 13-page guidance manual.

“The Department’s enforcement policy does not consider a jurisdiction’s re-adoption of prior voting laws or procedures to be presumptively lawful; instead, the Department will review a jurisdiction’s changes in voting laws or procedures for compliance with all federal laws regarding elections, as the facts and circumstances warrant,” it said.

Again, these are the laws that existed prior to the massive changes that were made in 2020, particularly as it pertains to mail-in voting.

Why? For what reason would voting laws that were on the books before 2020 suddenly be deemed no legal?

You are not allowed to say the answer out loud or face the wrath of mighty Big Brother hut, if we had a media that did its job, someone would ask the question again and again until they got the true answer.

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