CONSTITUTIONAL INTERPRETATIONS

Nearly three weeks ago, the United States Postal Service  (the “USPS”) issued a new Rule to regulate a state’s efforts to authorize absentee balloting by U.S. mail in federal elections, including the imminent mid-term elections for seats in the United States Congress. Among other things, the new Rule 1) requires state election officials to compile lists of people wanting to vote absentee in their elections, before accepting absentee ballots in the mail, 2) encourages the Postal Service to turn those lists over to federal law enforcement agencies, subjecting the people on the lists to criminal and civil investigation by federal law enforcement authorities, including but not limited to ICE and Border Patrol, and 3) subjects state election officials to criminal and civil investigation and arrest by federal law enforcement agencies, for any alleged noncompliance with either the new Rule, or any other federal Law. See Mailing Standards of the United States Postal Service Domestic Mail Manual, Section 24, entitled “Ballot Mail for Federal Elections.”

The new Rule is patently unconstitutional. It directly and irreconcilably contradicts Article I, Section 4 of the United States Constitution. In pertinent part, Article 1, Section 4 provides as follows:

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 Senators.

U.S. Const., Art. I, Section 4.

The USPS is neither a “State” nor “the Congress.” If a “State” prescribes absentee voting by U.S. Mail, and if that measure creates some problem, either real or imagined, for the federal government, Article I, Section 4 plainly limits the federal government’s response to the state law to a “Law” enacted by Congress.

/s/ Dan D. Rhea