If House Resolution 4 passes, it would allow the Department of Justice to overpower state voting bills, like that of Florida's Senate Bill 90. | Adobe Stock
If House Resolution 4 passes, it would allow the Department of Justice to overpower state voting bills, like that of Florida's Senate Bill 90. | Adobe Stock
House Resolution 4 (HR 4) could address some concerns in a racially charged nation or it could be another ploy by the Democrats to take voting rights away from individual states, some conservative critics argue.
HR 4, also known as the John Lewis Voting Rights Advancement Act, wound restore some key provisions of the Voting Rights Act of 1965 that was struck down in 2013 by the Supreme Court, CBS News said. It will allow the Department of Justice veto power over every state concerning each state's voting rights, according to the Lone Star Standard.
"There is no longer any justification for giving the federal government the ability to veto the election laws and regulations that citizens and their elected representatives choose to implement in their respective states," wrote Hans von Spakovsky, an election law analyst for the Heritage Foundation, as reported by the Lone Star Standard. "H.R. 4 is a federal power grab designed to thwart election reform and manipulate state redistricting decisions."
According to the Heritage Foundation, HR 4 will also allow the Department of Justice to change and override each state's decision on polling locations, voter ID requirements and district line voting relocation and also make it harder for each state to defend against itself against litigation.
Republicans like Mitch McConnell (R-Ky.) believe HR 4 would cede constitutional state power to the Department of Justice, saying, "I think it's unnecessary," CBS News reported.
"Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions," Chief Justice John Roberts wrote in his decision of Shelby County v. Holder, as reported by CBS News.
Shelby County v. Holder eliminated Section 5 of the Voting Rights Act of 1965, which was intended as a temporary provision to require districts to receive Department of Justice approval, or preclearance, before changing election laws, the Lone Star Standard reported. The 1965 act itself was created to combat Jim Crow legislation and has since become obsolete. This led to the Supreme Court's decision to strike down Section 5, Sections 2 and 3 of the Voting Rights Act ban voter discrimination and allow states to create preclearance requirements if they desire.
One of the major arguments with HR 4 is that it would give the DOJ the ability to nullify recently passed voting provisions and bills passed at state levels, the Honest Elections Project said. According to the project's poll, 55% of independents and 67% of Republicans say this makes them less likely to support the bill.
In Florida that would include State Bill 90, which will allow for a week of early voting, require voters to request mail-in ballots every election cycle and provide voter ID for mail-in ballots and would allow ballot drop-off boxes to be operational during normal early voting hours, The Wall Street Journal wrote.
The Honest Elections Project poll said that the passing of HR 4 would, in turn, encourage lawsuits where plaintiffs "sue and settle," meaning elected politicians or lobbyists could use their power and resources to weaken election integrity by changing election rules with a vote. Out of likely voters, 57% of independents and 65% of Republicans say this makes them less likely to support the bill, the Honest Elections Project found.