H.R. 5746, the “Freedom to Vote: John R. Lewis Act,” would implement a sweeping federalization of American elections. Among numerous other provisions, it would force states to implement nationwide internet, automatic, and same-day voter registration. The bill would also mandate states to allow mail-in voting and make available ballot “drop boxes” for all voters, implement early voting that begins at least 15 days prior to an election, and limit state legislatures’ authority over congressional redistricting. H.R. 5746 would also reestablish a “preclearance” process similar to what existed under the 1965 Voting Rights Act prior to 2013. Under it, states would be required to obtain permission from the U.S. Department of Justice prior to implementing changes to their election laws.
The Senate did not vote directly on H.R. 5746, but on a motion to invoke cloture (and thus limit debate) so the bill could be voted on. The motion to invoke cloture was rejected on January 19, 2022 by a vote of 49 to 51 (Roll Call 9; a three-fifths majority of the entire Senate is required to invoke cloture). We have assigned pluses to the nays because not only does this bill undermine election integrity, but it infringes upon federalism and state sovereignty as established under the Constitution and its 10th Amendment.
