U.S Congressman George Latimer (D-NY) introduced the Protecting Our Integrity and Nation from Tyranny (POINT) Act, legislation to prevent the President or any agent of the Executive Branch from attempting to influence or prevent the administration of an American election.
The Constitution, federal law, and Supreme Court precedent gives states and local governments broad authority to administer elections, subject to laws passed by Congress. For example, federal law establishes clear policies and procedures for setting federal election dates and certifying federal election results. The role of the Executive Branch in this process is merely a supportive one.
However, in recent weeks, President Trump and his administration have taken unprecedented steps to meddle in the American electoral process. On January 28th, the FBI executed a search warrant at the election headquarters of Fulton County, Georgia, seeking ballots from the 2020 election. The President has also called on Republican-led states to redraw their congressional districts for political gain, issued an Executive Order to overhaul election rules and practices nationwide, and cast doubt on the practice of mail-in voting. President Trump has even called for the Republican Party to “nationalize” voting in the United States.
“The guarantee of free and fair elections is the very bedrock of our democracy,” said Congressman Latimer. “However, from the moment President Trump took the oath of office to preserve, protect, and defend the Constitution, he has made every effort to subvert the electoral process for political gain. I am introducing the POINT Act because our elections must remain insulated from the impulses of bad-faith actors who seek to undermine the will of the voters. I’m proud to be in this fight and I urge this Congress to act to keep our elections free and fair.”
The Protecting Our Integrity and Nation from Tyranny (POINT) Act would:
- Prohibit the President, Vice President, an employee of the Executive Office of the President, the Attorney General, the Director of the FBI, the Director of National Intelligence, or other cabinet secretary, agency director, or department head from engaging in election interference, or using, providing, or loaning any government property, personnel or resources for the purpose of engaging in election interference. A violator would be subject to a fine, a prison term of up to 5 years, or both.
- Prevent the President from deploying members of the Armed Forces or exercising federal law enforcement authority in a state where such deployment or exercise of authority would likely disrupt, postpone, delay, prevent, or influence the result of an election, referendum, or ballot question. Under the bill, there would be a judicial review process for states to bring an action, including but not limited to a demand for emergency injunctive relief, in district court, as well as an expedited process for appeals. In these actions, the President would have the burden of proving that such a violation did not occur.
- Establish a statutory cause of action by any state resulting from the infringement by the President or Congress upon certain rights and powers of the states specified in the U.S. Constitution. Under the bill, there would be a judicial review process for states to bring an action, including but not limited to a demand for emergency injunctive relief, in district court, as well as an expedited process for appeals.
