August 16, 2004

Bush Considers A Better Constitutional Amendment: Guaranteeing the Right to Vote

WASHINGTON - On Friday, August 6, 2004, at the UNITY Journalists of Color Convention in Washington, DC, President Bush said he would ���consider��� supporting a constitutional amendment to guarantee the right to vote, noting that ���the voting process needs help all over the country to make sure that everybody���s vote counts and everybody���s vote matters.���

���I applaud President Bush���s recognition of flaws in our voting system and openness to the only enduring remedy: constitutional change,��� commented John B. Anderson, former presidential candidate and chairman of the Center for Voting and Democracy. ���We hope that President Bush will endorse this Constitutional Amendment, and we call on all presidential candidates to join together in adding this most basic right to our Constitution.���

Contrary to popular belief, there is no right to vote in the U.S. Constitution. Instead, voting policies and procedures, such as ballot design, voter registration, and polling hours, are regulated by the individual states. This can lead to the voting irregularities and voter confusion that were prevalent during the 2000 presidential election. The lack of an affirmative right to vote was also cited by the Supreme Court majority in Bush v. Gore as a reason that state legislatures can appoint electors regardless of the popular vote in their state. Colorado���s legislature did just that during the 1876 election in helping to elect Rutherford B. Hayes.

Congressman Jesse Jackson Jr. (D-IL) has proposed a constitutional right to vote in Congress. His version, H.J. Res. 28 has the support of 39 Members of Congress, including all black caucus Members returning to the House next year. It would affirm that all American citizens 18 years of age and older have a federally protected individual right to vote. Each state would be required to administer elections based on federal standards legislated by Congress. It also would require that state electors vote for the Presidential and Vice Presidential candidates who received the majority of the popular vote in each of their respective states or districts.

In March, Rep. Jackson, Jr. wrote, ���a constitutional amendment is vitally needed. Poor technology, registration obstacles and tactical suppression of voting at the state level deprived 4 million to 6 million Americans of their vote 2000�Ķ.���

The Center for Voting and Democracy has assisted Congressman Jackson with his amendment. It is a non-partisan, non-profit organization that promotes fair elections. For or more information visit http://www.fairvote.org/righttovote/index.htm or contact Andrew Kirshenbaum at 301.270.4616.

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