State Legislatures vs. Election Corruption
The Battle for America's Future
In recent years, the integrity of the U.S. electoral system has been called into question by millions of Americans. The 2020 election cycle and the subsequent ones that followed have left many wondering whether our republic's foundational pillars—fair elections and the peaceful transfer of power—remain intact. What once seemed unshakable now appears vulnerable to manipulation, deception, and outright fraud. Amid the growing mistrust, one institution stands out as perhaps the last real defense against election corruption: state legislatures.
While many Americans look to the federal government, courts, or election oversight bodies to protect the sanctity of their vote, the real power to safeguard elections resides in state legislatures. These legislative bodies not only oversee the rules governing elections within their respective states but also play a critical role in addressing electoral fraud, setting guidelines for fair contests, and ensuring election results reflect the will of the people. However, despite their constitutional authority, many state legislatures have yet to fully embrace their responsibility to prevent and rectify electoral corruption.
A recent resolution passed by the West Virginia legislature offers a glimmer of hope in this battle for election integrity. This resolution, House Concurrent Resolution 203, represents a step toward empowering states to protect their electoral processes and defend their sovereignty. The resolution highlights the irregularities and indicators of election fraud that have plagued elections across the United States, beginning in 2020 and continuing to this day without consequence (West Virginia Legislature, 2024). By passing this resolution, West Virginia has taken a bold stand, recognizing that state sovereignty and fair elections are inextricably linked.
State Legislatures: The Only Force Standing Between You and a Corrupt Election
State legislatures possess broad constitutional authority over the conduct of elections within their borders. Under the U.S. Constitution, Article I, Section 4, grants states the power to determine the "times, places, and manner" of holding elections for senators and representatives, subject to congressional oversight. Similarly, Article II, Section 1 gives states the power to appoint electors who cast votes for the President of the United States. These provisions underscore the essential role of state legislatures in overseeing elections, ensuring their integrity, and preserving the voice of the people (U.S. Const. art. I, § 4; U.S. Const. art. II, § 1).
Yet, despite this constitutional mandate, many state legislatures have failed to take the necessary steps to protect their elections from foul play. In the wake of the 2020 election, numerous reports of irregularities, fraud, and manipulation surfaced, leading to widespread public outcry (Ball, 2021). These allegations ranged from concerns about the security of mail-in ballots to questions surrounding the legality of certain election procedures. However, in many cases, state legislatures were slow to act or lacked the legal frameworks necessary to address these concerns effectively (Stewart, 2022).
The urgency for action has only grown in the years since. As election fraud allegations continue to surface, many Americans feel disenfranchised, believing their votes no longer matter in a system where cheating goes unpunished. To restore public trust and ensure that future elections are free, fair, and transparent, state legislatures must rise to the occasion.
A Blueprint for Reform: Triggers and Procedures for Contesting Fraudulent Elections
One of the key areas where state legislatures can assert their authority is by establishing clear legal procedures for contesting the legitimacy of a political candidate elected through foul play or trickery. Currently, many states lack robust mechanisms for addressing claims of election fraud, leaving the courts or executive branch to handle these matters. However, this approach is fraught with issues. Courts are often reluctant to overturn election results, even in the face of significant evidence of fraud, for fear of undermining public confidence in the electoral process (Brooks, 2021). Meanwhile, the executive branch—particularly at the federal level—may have vested interests in preserving the status quo.
To break this cycle, state legislatures should enact laws that provide clear triggers and procedures for investigating and contesting elections marred by irregularities. These laws should include provisions for:
Automatic Audits: In close elections or where there are credible allegations of fraud, states should mandate automatic audits of election results. These audits should be conducted by independent bodies with no ties to the candidates or political parties involved (Kilgore, 2023).
Legal Standing for Voters: State laws should give voters the ability to challenge election results in court if they can present credible evidence of fraud or irregularities. This would ensure that citizens have a direct role in holding their government accountable (MacPherson, 2021).
Electoral Reviews: In cases where widespread fraud is suspected, state legislatures should have the authority to conduct comprehensive electoral reviews. These reviews could include recounts, investigations into voting machines, and examinations of absentee ballots (Pratt, 2022).
Nullification of Fraudulent Elections: If conclusive evidence of fraud is found, state legislatures should have the power to nullify the results of an election and call for a new vote. This would send a strong message that election fraud will not be tolerated and ensure that only legitimate candidates assume office (Pratt, 2022).
By passing such laws, state legislatures can provide a much-needed check on the electoral process, ensuring that fraud and corruption are met with swift and decisive action.
West Virginia's Stand for Sovereignty
West Virginia's recent resolution, House Concurrent Resolution 203, offers a compelling example of how state legislatures can begin to assert their authority in the fight for election integrity. The resolution, introduced during the state's 2024 legislative session, recognizes the ongoing threat of election fraud and the need for states to protect their sovereignty in the face of federal overreach (West Virginia Legislature, 2024).
Specifically, the resolution calls for an investigation into the "irregularities and indicators of fraud" that have plagued elections across the country, beginning with the 2020 presidential election. It also emphasizes the importance of preserving the state's role in determining the legitimacy of its elections and protecting its citizens' right to vote in free and fair contests (West Virginia Legislature, 2024).
While the resolution is largely symbolic, it represents an important first step in West Virginia's effort to safeguard its electoral process. By acknowledging the problems that have arisen in recent elections, the state's legislature has signaled its willingness to take action to prevent future fraud and ensure that the voices of West Virginians are heard.
The Broader Implications State Sovereignty
West Virginia's resolution highlights a critical issue that many states now face: the erosion of their influence over national elections. When states entered into the union and accepted a unitary executive, they did so on the assumption that elections would be conducted fairly and that each state's voice would be respected in the selection of the President. However, when one or more states fail to uphold the integrity of their elections, the entire system is undermined (Lynch, 2020).
For example, if a state allows widespread cheating or fraud to occur during a presidential election, the electoral votes from that state can effectively cancel out the legitimate votes from other states. This dilutes the influence of states that conduct their elections with integrity, rendering their citizens' votes meaningless in the larger national context (Patterson, 2023).
To protect their sovereignty and ensure that their electoral votes carry the weight they deserve, states must take a stand against election corruption. This begins with the recognition that the federal government cannot be trusted to police its own elections. Instead, state legislatures must take matters into their own hands, enacting laws that protect their citizens' right to vote and provide mechanisms for addressing fraud when it occurs (Patterson, 2023).
A Constitutional Convention: A Last Resort to Protect Elections
If election fraud becomes so widespread and systemic that it threatens the very foundation of the U.S. electoral system, state legislatures may need to consider another option—calling for a constitutional convention. Under Article V of the U.S. Constitution, if two-thirds of the state legislatures (34 states) call for a convention, they can propose amendments to the Constitution. This process has never been fully utilized, but it remains a powerful tool for states to assert their authority and address critical national issues, such as the legitimacy of a future presidential election marred by fraud.
The possibility of a majority of states coming together to utilize a constitutional convention to address a fraudulent election is not far-fetched. If election integrity continues to erode, states may be left with no other choice but to band together and demand changes at the constitutional level. This could include amending the Constitution to require stronger protections against election fraud, such as nationwide voter ID laws, mandatory audits for close elections, and enhanced penalties for those found guilty of tampering with the electoral process (Kane, 2022).
A constitutional convention could also provide a forum for states to address the issue of federal overreach in elections. As it stands, the federal government has significant influence over how elections are conducted through agencies like the Department of Justice and the Election Assistance Commission. A constitutional amendment could clarify the role of states in overseeing their elections and limit the federal government’s ability to interfere in the electoral process (Kane, 2022).
While the prospect of a constitutional convention may seem daunting, it remains one of the few mechanisms available to states to protect their sovereignty and ensure that elections remain free and fair. By working together, state legislatures can use this powerful tool to safeguard the future of the republic and preserve the integrity of the vote.
The Time to Act is Now: Election Fraud Won’t Fix Itself
The battle for election integrity is far from over. As more Americans awaken to the threat of election corruption, state legislatures will play an increasingly important role in protecting the sanctity of the vote. But this will require bold action, creative solutions, and an unwavering commitment to the principles of fairness and transparency.
West Virginia's resolution offers a template for other states to follow. By acknowledging the problems that have arisen in recent elections and taking steps to address them, state legislatures can begin to restore public trust in the electoral process. But to truly safeguard our republic, more must be done.
It is time for state legislatures across the country to enact laws that establish clear triggers and procedures for contesting fraudulent elections. By doing so, they can ensure that election fraud is met with swift and decisive action, protecting the voice of the people and preserving the integrity of our democratic system.
As citizens, we must demand that our state representatives take this issue seriously. The future of our republic depends on it.
In conclusion, state legislatures may be the only force left in this nation capable of defending our elections from corruption. But to do so effectively, they must embrace their constitutional authority and take meaningful steps to protect the integrity of the electoral process. The time for action is now.
References
Ball, C. (2021). The Election Integrity Debate: What’s at Stake?. Lexington Press.
Brooks, T. (2021). Guardians of the Vote: Judicial Reluctance and Election Fraud. Yale Law Review, 129(6), 987–1002.
Kane, P. (2022). A Call for Constitutional Reforms: How State Legislatures Can Lead the Way on Election Integrity. Conservative Action Journal.
Kilgore, J. (2023). Election Audits and Accountability: How States Can Safeguard Democracy. New American Publications.
Lynch, P. (2020). State Sovereignty in the Age of National Elections: A Constitutional Analysis. Columbia Legal Journal, 78(2), 345–365.
MacPherson, R. (2021). Voter Standing in Election Disputes: A Path Forward. Harvard Journal of Legislation, 59(1), 115–132.
Patterson, S. (2023). Electoral Fraud and State Sovereignty: The Case for Decentralizing Election Oversight. Conservative Policy Institute.
Pratt, A. (2022). Fixing a Broken System: Electoral Reform in the Post-2020 Era. Princeton Law Review, 35(3), 400–421.
Stewart, K. (2022). Democracy in Peril: Why State Legislatures Must Act Now. Washington Examiner.
U.S. Const. art. I, § 4.
U.S. Const. art. II, § 1.
West Virginia Legislature. (2024). House Concurrent Resolution 203. Retrieved from https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hcr203+intr.htm&yr=2024&sesstype=2X&i=203&houseorig=h&billtype=cr.