SNaPNPeP | Mending the "Electoral College"

The Initiative to Amend the US Constitution
Mend the Electoral College

The US Congress and the States have considered hundreds of proposals to change the way we elect our President rather than using the so-called “electoral college system.
https://crsreports.congress.gov/product/pdf/R/R43824
I propose that “We the People” adopt the 28th amendment to the US Constitution to mend the Electoral College. It would allow us to nominate a Presidential Slate, the President and Vice-President through State parties in electoral districts; and to elect them by national direct popular vote.

There were fifty-five Delegates to the U S Constitutional Convention of 1787

Those founding fathers suggest ways to make the electoral college better.

The “Spirits of those Fifty-five” remind us by quotes from Washington, Adams, Jefferson, Franklin, Hamilton, Madison, and others.

It is my opinion that LOCAL AND NATIONAL POLITICAL PARTIES should be included in the US Constitution. It is the way to make them responsible.

I say, ‘change our US Constitution, so it provides a better way to elect the President by using State Nominating Primaries and Nationwide Popular Direct Election of the President. See SNaPNPeP .

“We the People” Can Improve How We Elect the President

It is my opinion that LOCAL AND NATIONAL POLITICAL PARTIES should be included in the US Constitution to improve how we elect our President. In the United States there are 102 major political party systems. Each state SEPARATELY sets up the rules that control our local party systems. The laws of fifty states and the United States of America partly control them. The party association by-laws of the hundreds of parties also control them. Maine and California have vastly different party rules, and neither are like those of the other states. Can fifty separate states and hundreds of State parties devise anything other than hundreds of different party systems?
https://www.nass.org/sites/default/files/surveys/2017-08/research-state-laws-pres-electors-nov16.pdf

Do voters understand them? I say the United States Constitution should no longer stay silent on parties; It should recognize and use POLITICAL PARTIES to guide our National and State parties in our popular election of the PRESIDENT. I say revise the US Constitution. Add the Twenty-Eighth Amendment Nomination and Election of President that would set up how State Parties would nominate Presidential Candidates (Electors); and how through majority popular national elections we the people would elect the President. I say make the State Parties a responsible part of the nominating process through the electoral college.

The founding fathers of our country, our Union of the United States of America frequently before, during and after the US Constitutional Convention of 1787 warned that parties were a danger to our Republic. They were right to give such warnings, for today it’s those parties who have caused us to be concerned about our elections. Our founding fathers did not provide "We the People" with controls, protections and "check and balances" regarding parties in our Constitution. They left us through the amendment process the opportunity to improve our election procedures.

And We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

Our Opinions Count

The ultimate public opinion survey is the voting booth.

National Public Opinion Reference Survey (NPORS) is an annual survey of U.S. adults conducted by the Pew Research Center.

https://www.pewresearch.org/politics/2023/09/19/the-presidency-and-presidential-politics/

Under its header Confronting 2016 and 2020 Polling Limitations "Looking at final estimates of the outcome of the 2020 U.S. presidential race, 93% of national polls overstated the Democratic candidate’s support among voters, while nearly as many (88%) did so in 2016. Given the errors in 2016 and 2020 election polling, how much should we trust polls that attempt to measure opinions on issues?

Americans’ dissatisfaction with politics extends to their views of presidential campaigns, both present and past. Only about a third (35%) say they are satisfied with the people who will be running for president next year.

September 25, 2023, nearly two-thirds of U.S. adults (65%) say the way the president is elected should be changed so that the winner of the popular vote nationwide wins the presidency. A third favor keeping the current Electoral College system. Democrats and Democratic-leaning independents are far more likely than Republicans and Republican-leaning independents to support moving to a popular vote system for presidential elections (82% vs. 47%)."

YOUR OPINION COUNTS

An internet virtual symposium on how to improve the way we elect the president could have a quarter of its WEB FRONT Page open and set up for Public Observations, Comments, and Inquiries. The observations I have given so far are just one person’s contributions. To that web site add thousands of YOUR observations. The U S Constitutional Convention of 1787-"the Spirits of the Fifty-five in four months wrote such a great document, imagine how much better it might have been if they had nine months and thousands of YOUR observations.

We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

https://www.pewresearch.org/politics/wp-content/uploads/sites/4/2023/09/PP_2023.09.19_views-of-politics_08-01.png?w=620

https://opinionfront.com/hanging-chad-controversy-in-us-presidential-election-of2000

https://www.usnews.com/news/articles/2008/01/17/the-legacy-of-hanging-chads

Controls, Protections, and ‘Checks and Balances’ Upon Parties

"The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the twenty-seven amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions."

https://en.wikipedia.org/wiki/Twenty-first_Amendment_to_the_United_States_Constitution

Also, unique because it was approved in less than a year; and it contains in three sections only ninety-six words in six sentences.

Article Two of the US Constitution relating to electing our President in four paragraphs contains four hundred seventeen words in eleven sentences.

The previously posted proposed amendment contains in ten paragraphs one thousand thirty-five words in 29 sentences. It is long because it adds provisions for parties; and it adds for the people controls, protections, and ‘checks and balances” upon parties.

The proposed amendment to improve the Presidential election process is long. But a good word smith or Constitutional lawyer can reduce it to a shorter length. But I prefer a longer version that is understandable to the average voter.

Please note that the US Constitution and the proposed amendment do not contain the words “electoral college”. And in place of it the amended electoral college might be called SNaPNPeP or #snapnpep for State Presidential Nominating Primaries and Nationwide Popular Direct Election of the President.

We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

An official political party is the named, recognized, registered, certified and or qualified group that the Chief Election Official (appropriate agent or agency) of a State in the United States allows to nominate and to elect candidates from the named organized body: and is shortened frequently both in casual and formal speech and writing to one word ‘party".

A political party is an organized body of like-minded people who work to elect candidates for public office who represent their values on matters of policy.

https://www.thoughtco.com/political-party-definition-4285031

A political party assembly is a group of people, especially one that meets regularly for a particular purpose, such as government, or, more generally, the process of coming together, or the state of being together.

https://dictionary.cambridge.org/us/dictionary/english/assembly#google_vignette

A political party Caucus is a closed meeting of a group of persons belonging to the same faction usually to select candidates or to decide on policy.

A limited political party Convention is a large formal meeting or assembly, as of members, representatives, or delegates, for discussion of and action on defined matters of common concern relating to political parties inclusion in the US Constitution via a limited US Constitutional Convention.

https://www.dictionary.com/browse/convention

One Year Presidential Election Schedule Proposed

Under the proposed amendment the following One Year Presidential Election Schedule is proposed for the 28th Amendment.

November 7, 2023
The Parties of the States started campaigning for their caucuses and conventions near Tuesday after the first Monday in November one year preceding the 2024 Presidential Election Day.
January 15, 2024
After Great Americans Day, States may issue to party officials and candidates for the Presidential Slate of the United States the required papers to become a candidate for Presidential Nominee and Vice-Presidential Nominee of a qualified Party.
February 19, 2024
On or before Presidents Day aspiring candidates must file the necessary papers and their affirmations to the Chief Election Official of the State to become a candidate for Presidential Slate.
April 16, 2024
Near ‘Patriots Day” All States conduct Presidential Primaries on Tuesday after the second Monday in April of the Presidential election year.
May 14, 2024
Near Mother Day at least one hundred and seventy-five days before the Presidential Election the chief election official of each State shall certify the primary results to US Congress Assembled.
June 16, 2024
Before Father’s Day at least one hundred and forty-five days before the Presidential Election in the US Congress Assembled the caucuses of all the parties choose their slates of candidates.
July 4, 2024
Independence Day At least one hundred and twenty days before the Presidential Election the US Congress Assembled confirms and notifies the Chief Election Officials of the States of the names of the candidates that the voters will vote upon during the Presidential Election. September 17, 2024
Beginning National Voter Registration Day on the fourth Tuesday of September, the Chief Election Officials of the States may permit early voting for the Presidential Slate upon automatic electric-mechanical voting machines approved by the Federal-State Election Commission.
November 5, 2024,
The States shall conduct the Presidential Election every four years on Tuesday after the first Monday in November.
December 3, 2024
Near National Pearl Harbor Remembrance Day the chief election officials of the States certify the results of the Presidential Election on or before the fourth Tuesday four weeks following the Presidential Election to the President of the Senate in US Congress Assembled.
December 24, 2024.
Christmas Eve Then on or before the seventh Tuesday seven weeks following the Presidential Election in the US Congress Assembled the President of the Senate shall in the presence of the Senate and House of Representatives open all the Certificates and count all the votes.

We need that same schedule for all fifty States. We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties. ‘We the People’ should change our US Constitution, so it provides a better way to elect the President by using State Nominating Primaries and Nationwide Popular Direct Election of the President, (SNaPNPeP) or #snapnpep. I say we need ALL of them!

SNaPNPeP

State Nominating Primaries and Nationwide Popular Direct Election of the President

Name this proposal, give it an alphabetic acronym, and use it as a noun subject and object identifier. It sets up State Nominating Primaries and Nationwide Popular Direct Election of the President, (SNaPNPeP) snap n pep (to hear highlight and press Alt + CTRL + Space). Our Presidential system does not have an "electoral college" and this SNaPNPEP proposal does not have an "electoral college".

SNaPNPeP debates as follows:

The parties within the US Congress “assembled and not the US Congress itself, select the presidential slate, thus ensuring greater independence in the executive and separation of powers, keeping the Executive free of undue influence by the US Congress. The states keep a fundamental role by qualifying the parties for the Presidential Primaries as well as in the US Congress at the national level.

See https://crsreports.congress.gov/product/pdf/R/R44928

, and https://crsreports.congress.gov/product/pdf/if/if11802

SNaPNPEP gives a certain degree of advantage to less populous states, to avoid complete domination of the election process by the more populous ones by using “focused and fair timing". SNaPNPeP modifies the Constitution’s broad grant of authority to the states to control the state parties to ensure Presidential Primaries and Elections have similar rules in every state. By giving the actual vote to all the voters nationwide, SNaPNPeP will temper radical popular enthusiasm as well as partisan and sectional attachments. Thus, their states and communities would be less influenced by radicalism and more likely to select prominent citizens who are well-informed and educated people who would make balanced and measured decisions.

"....but those who wished as far as possible to establish a national instead of a federal government, made repeated attempts to have the president chosen by the people at large; on this the sense of the convention was taken, I think not less than three times while I was there, and as often rejected; but within the last fortnight of their session, they obtained the alteration in the manner it now stands,...." (the Electoral College)

https://csac.history.wisc.edu/wp-content/uploads/sites/281/2017/07/Luther_Martin3.pdf

Notice Martin writes of a single national government or a single federal government and not multiple governments.

It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. "This end will be answered by committing the right of making it, not to any pre established body, but to men chosen by the people for the special purpose, and at the particular conjuncture."

Publius: The Federalist 68, New York Packet, 14 March 1788 A small number of persons, selected by their fellow-‐citizens from the general mass.

(1) SNaPNPeP has a two-tier system: first a local State party electors nominating primaries and second a federal nationwide Presidential election that provides a direct popular election of the president.

(2) The so called "electoral college" the caucuses within the US Congress “assembled” select from the state party nominees that will be voted upon in the federal nationwide Presidential election.

(3) The US Congress counts all votes for all electors from the Presidential election therefore there are no "faithless Electors."

(4) By having "focused and fair timing" on the same day at the same time in all primaries and all elections SNaPNPEP prevents a "lock'; and assures that all States take part equally in both primaries and national elections. “Focused and fair timing” would allow the States and US Congress to make either the State Presidential Primaries OR national Presidential Election days a HOLIDAY; or both.

(5) SNaPNPeP 's two tier system retains small state influence through Statewide electoral districts and enhances the more populous state’s ability to influence the election outcomes by using "focused and fair timing".

(6) This two-tier system improves the power and influence of both national and state parties. The SNaPNPEP ensures Presidential Primaries and Elections have similar rules in every state.

In this system the Presidential Primary eliminates choice by a plurality, and for the Presidential Election in the event of a plurality provides how to achieve a majority.

Further, SNaPNPeP debates as follows:

SNaPNPeP will formalize the joint candidacy of President and Vice President on the same ticket.

Certainly, more federalized elections will make the States system more uniform.

Establishing similar elections practices for State Presidential Primaries will allow more efficient and less costly local elections.

Also there will be long-term positive and negative impacts for Federal-States relations. SNaPNPeP balances those positive and negative impacts. The future of long-term negative and positive impacts upon Federal-Local relations can only be known when “We the People” adopt SNaPNPeP.

We Americans created the First Continental Congress.

"We the People" adopted the US Constitution and amended it twenty-seven times. What number of independent countries or colonies would we have now if we had not acted?

Why

Why is the twenty-eighth amendment to the US Constitution needed?

Gallup’s 2013 survey recorded that 63% of respondents favored an amendment providing for direct election, while 29% favored retention of the electoral college.

“The Founders "did not believe in parties as such, scorned those that they were conscious of as historical models, had a keen terror of party spirit and its evil consequences," but, Richard Hofstadter wrote, "almost as soon as their national government was in operation, [they] found it necessary to establish parties."[14] wiki
American political parties are more loosely organized than those in other countries, and the Democratic and Republican party have no formal organization at the national level that controls membership.
State parties exist in all fifty states, though their structures differ according to state law, as well as party rules at both the national and the state level.
Some (Nelson W. Polsby writing before 1997) have argued that the lack of central control of the parties in America means they have become as much "labels" to mobilize voters as political organizations, and that "variations (sometimes subtle, sometimes blatant) in the 50 political cultures of the states yield considerable differences", suggesting that "the American two-party system" actually masks "something more like a hundred-party system."[54] wiki

We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

TOO MANY PARTIES

We do not have a two party system.

WIKI says,

The Founders "did not believe in parties as such, scorned those that they were conscious of as historical models, had a keen terror of party spirit and its evil consequences," but, Richard Hofstadter wrote, "almost as soon as their national government was in operation, [they] found it necessary to establish parties."[14] wiki

American political parties are more loosely organized than those in other countries, and the Democratic and Republican party have no formal organization at the national level that controls membership.

State parties exist in all fifty states, though their structures differ according to state law, as well as party rules at both the national and the state level.

Some (Nelson W. Polsby writing before 1997) have argued that the lack of central control of the parties in America means they have become as much "labels" to mobilize voters as political organizations, and that "variations (sometimes subtle, sometimes blatant) in the 50 political cultures of the states yield considerable differences", suggesting that "the American two-party system" actually masks "something more like a hundred-party system."[54] wiki

Gallup’s 2013 survey recorded that 63% of respondents favored an amendment providing for direct election, while 29% favored retention of the electoral college.

Disproportionate Representation

Disproportionate Representation will be retained in the proposed amendment.

The US Constitutional Convention of 1787 purposefully set up the electoral college with a disproportionate representation system. The proposed amendment with its two-tier strategy maintains our disproportionate representation system. A voter may only vote for one party.

Proportional Representation is a term applied to the election of representative assemblies like the US House of Representatives. The concept in this case applies to political divisions (political parties) among voters. But in this two-tier proposal the term applies to first-tier State Parties nominating systems for a slate of President and Vice-president to US Congress Assembled. The States certify the results of all the votes cast for a slate of a party proportionately. For example, as reported by one district the following party slates received votes as follows: 30 % Independent (independent unaffiliated designation), 20% Democrat, 20% Republican, 15% American Reform (No Label), 9 % Green, 4% Libertarian, and 2% Progressive.

The US Congress Assembled adds the votes of each of the electoral districts and obtains the totals. Then all parties who receive the qualifying percentage of least two- and one-half percent (2.5%) of all votes cast in all State Party Primaries qualify in the US Congress assembled.
Each qualified party shall caucus and choose from among its eligible nominees the names of a persons from its party to be the Presidential Slate.

The US Congress assembled would place the qualified slates on the second-tier Presidential election ballots.

Due to several factors, perfect proportionality is rarely achieved under any PR systems.

PR systems approximate proportionality much better than other systems [6] and are more resistant to gerrymandering and other forms of manipulation.

It is not accurate to call it a PROPORTIONAL REPRESENTATION system. It is a Least disproportionate representation system. PR systems that achieve the highest levels of proportionality have large numbers of electoral districts; States with the fewest districts have the greatest disproportion in their electoral districts.

Substantially, the proposed two-tier strategy maintains our disproportionate representation system.

A voice for the Voters Like an Electoral College

The 28th amendment to the US Constitution proposes to make Parties responsible for their participation in the election of the President.

It provides that between 175 days and 120 days before the Presidential Election the US Congress will convene with the Presidential nominees who begin their electoral offices. They have independent powers separate from the three branches of government.

The voters nominated Presidential Slates of the local parties and sent them to meet in CONGRESS and to recommend their best choice to be on the Presidential Ballot in November. Who in their party has the greatest chance to win in the Presidential Election in November. Each party must pick their best candidate. They want the White House.

At least one of the candidates of each elected slate shall attend and participate in the selection of their party's slate that they give to the President of the Senate. When the Presidential Slates of Nominees meet in the US Congress Assembled, each party caucuses secretly and they vote by secret ballot for the candidate to be on the Presidential Election ballot. When the caucus chooses their party's Presidential Slate, each Slate (Presidential and Vice-Presidential nominees) votes as a unit. Thus, the total possible votes by all the caucuses will be 588 one vote for each Electoral District.

The Presidential Slates make that choice for the voters. States do not control the nominees’ votes. Congress does not control the nominees.

When caucuses submit their recommendations to the President of the Senate, they end their electoral offices.

The US Congress Assembled submits those slates to the States for the Presidential Election Ballot.

The US Congress does not vote for the Presidential Slate. Thus, the Legislature cannot influence the Presidential Election. It could not favor a popular seated President nor block an unpopular President for a second term. It is a check by the voters, the local parties’, upon the President, US Congress, and the National Parties.

Caucuses and Conventions

The most important and fundamental freedom of "We the People" is the First Amendment to the US Constitution.

"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Boston’s Liberty Tree was just one of dozens, hundreds, all over the thirteen colonies. The Liberty Tree (1646–1775) was a famous elm tree that stood in Boston, Massachusetts near Boston Common in the years before the American Revolution. In 1765, Patriots in Boston staged the first act of defiance against the British government at the tree.

The colonist peaceably assembled beneath this tree, caucused, expressed their views, exchanged newspapers, broadsides and posters, formed a consensus about how to improve their lives by removing unfair government laws, and then petitioned their government for a redress of those grievances.

Today our caucuses and conventions likewise depend upon these "rights" to choose a champion for their causes from among their assemblies.

Too often, however, those caucuses and conventions fail to have the champion of their choosing considered by the assemblies of the other States before the presidential election takes place. Our messed-up parties’ systems strip their fundamental freedoms from them. This is the case for more than half of the States.

This proposed new Presidential Election Process will restore those fundamental freedoms by placing in the US Constitution the controls, protections, and "Check and Balances" upon the Parties for the benefit of “We the People”.

The 28th amendment strengthens parties and gives them and the States more protection, greater control and checks on the Federal Government. The parties at the State level through the State Presidential Primaries are the only source of nominating all candidates for the Presidential Slate. Neither the National Parties nor National Conventions have any part in the nomination. In the US Congress Assembled the State’s caucuses decide. Neither National Parties nor members of Congress take part in the process. The 28th amendment specifically provides in Congress Assembled those State nominees will caucus privately and by their secret vote will recommend the State's Presidential Slates for the Presidential Election.

The fundamental freedom of the people to peaceably assemble means both publicly and privately or secretly. The US Constitutional Convention of 1787 is a prime example of secretly. So, it is noteworthy that the new proposed system reiterates this venue in the US Congress Assembled which provides that the caucuses of the parties’ caucus privately and by secret votes recommend slates for the ballots of the nationwide popular election of the President.

More About Parties Caucuses and Conventions-National and Local

In the Proposed One Year Presidential Election Schedule, the Parties of the States are the first to start campaigning through their caucuses and conventions near Tuesday after the first Monday in November, one year preceding the Presidential Election Day. Their assemblies begin with towns, cities, and counties; and relate to the election districts for State Offices of Senator and House Members. The laws of the States have significant impact upon candidates for all those State and local elected offices. The party assemblies, of course, will continue to dominate elections to all State and local offices. With the 28th amendment, Federal laws relating to Federal Electoral Districts will increase Federal control over the candidates for Federal elected offices. Still, it is the assemblies of the States’ parties that select all candidates. There is an overlap of the State and Federal laws, and the State and Federal candidates may use the same procedures.

The initial assemblies of the State Parties will occur between the first week in November and the second week in January.

Between the second week of January and middle of February, the candidates selected by the State Parties' assemblies and the State Parties would obtain the voters endorsements on petitions to be filed with the States Chief Election Officials.

No National Parties, no national petitions, no national candidates have any legal status in the States. Their PACs, of course, are free to speak, to influence, to assemble, to have national caucuses, and to have national conventions. They may contribute to State and Local candidates' campaigns so long as they comply with the State parties and States' laws regarding ethics and campaign financing.

Near ‘Patriots Day” All States conduct Presidential Primaries on Tuesday after the second Monday in April of the Presidential election year.

From April through June the Primaries, National parties will campaign for their favorite Nominees. They will try to convince nominees of other parties, the nominees of independent and third parties to cast their votes for their party favorite. A third party may emerge with greater than 12.5% of all votes cast in the primary.

Political geographic blocks (Dixiecrats) with few exceptions have been unable generate enough adherents to carry into a dominant major party.

A major national party may seek to split its platform between moderate and less moderate views, to have two candidates run against another major party, a fourth competitor. Such is not likely. Most world democracies with two-tier systems resolved into a two-party system. The requirement of twelve- and one-half percent to quality and to recommend slates is likely to eliminate minor candidates previously cluttering the Presidential Ballot in the States, hence the Presidential Election Ballots in the States will contain just three or four candidates.

Third parties will emerge but within a couple of years one of the two major parties will absorb them. The proposed 28th amendment may cause the collapse of minor parties: and that should concern us. "Each party and independent unaffiliated designation must have obtained votes totaling at least twelve- and one-half percent (12.5%) of those voting in all Presidential Primaries to qualify and to recommend candidates. " That provision perhaps ought to be lowered to six percent (6%). Ralph Nadar the Green Party candidate who received less than 3% of the vote may have allowed Republican George W. Bush 47.87 to best Democrat Al Gore 48.38%.

From June until presidential election day the National parties and Presidential Slates hold frequent caucuses, conventions, and campaign rallies in the twelve most populous states. Their campaigns will not ignore the smaller states. For example, they will hold campaign events in New Jersey, a small geographic state, but the most densely populated. They may conduct just a couple of events in Alaska, the largest and least densely populated State. Their campaigns will tour the swing states in Eastern Oceanside, and the Great Lakes Tier.

With “focused and fair timing” all States matter.

Local Political Parties Required to Use Federal Electoral Districts

There is no provision for the role of political parties in the United States Constitution, since the Founding Fathers did not originally intend for American politics to be partisan. In Federalist Papers No. 9 and No. 10, Alexander Hamilton, and James Madison, respectively, wrote specifically about the dangers of domestic political factions. Thus, in the first two presidential elections, the Electoral College oversaw the nominations and elections in 1789 and 1792 that selected George Washington. The beginnings of the American two-party system then emerged from Washington's immediate circle of advisors. Hamilton and Madison, who wrote the Federalist Papers against political factions, ended up being the core leaders in this partisanship: Hamilton became the leader of Federalist Party while Madison co-helmed the Democratic-Republican Party with Thomas Jefferson.[3][4]

https://en.wikipedia.org/wiki/United_States_presidential_primary

The local State Presidential Primaries occur in the Federal Electoral Districts. The State Parties will not be able to have their candidate on the ballot of the Presidential Election unless they nominate their Presidential Slate from those Primaries and through the Certification by the States to the US Congress Assembled directed to the President of the Senate.

In Section 1 Clause two of the proposed amendment there are provisions for the role of political parties and States. It requires States to conduct Presidential Primaries. It requires local State Parties to use the State conducted Presidential Primaries.

Subsequent Sections and Clauses add more things that the parties can and must do.

These provisions add protections, controls, 'check and balances' for parties and the voters.

In Section 1 Clause 1 of the proposed amendment set up the 588 "one person one vote” Federal Electoral Districts for the Presidential Primaries. First ONE District is set up for each Senator and the Governor, which is 150 districts. Second one district is set up assuring one for each House District, which is fifty districts. Third the remaining 388 districts are allocated by that method set by US Congress since 1940. The Huntington–Hill method is a method for allocation of the number of seats in the US House of Representatives to Each State that sets the districts to the most proportional to population from the last US Census.

https://en.wikipedia.org/wiki/Huntington%E2%80%93Hill_method

State Governors

The proposal does not provide any regulations upon the politics of the parties of the states; and it does not regulate the elections for state governors, senators, representatives, or any other state officers.

Congressional seats and their electoral districts are proportional to population. The Senate seats are not proportional to population, and it was by this application that the US Constitution gave to the states with small populations balances with the states with large population. The population growth in the country increased the advantage the most populous states had over the states with smaller populations.

The proposal gives an electoral district for each Gubernatorial district of each State. An alternative to restore the small states advantage is to add fifty statewide electoral districts that exist only during the election process for the consideration of forming Presidential slates within the US Congress Assembled. That increases the electoral districts from 538 to 588 districts.

By this method Governors will have meaningful participation in the Presidential election process. This method is set up by the provision "Each State shall have an Electoral District from which a Presidential Slate shall be chosen by the parties upon confirmation of the Governor." In this procedure candidates aspiring to be on the Presidential election slate of the Gubernatorial electoral district must obtain the confirmation of the State Governor. Of course, the Governor might allow only his name and his running mate on the ballot. OR the Governor may choose from multiple slates of " favored children" for the Presidential Primary ballot.

In the United States Presidential Election of 2020, a total of 154,600,000 million cast votes. And 12.5% equals 19,325,000. The total votes in CA + AZ were 20,888,207. The top 10 States cast 79,077,799 votes. Half of the total votes are 77,300,000 votes. The other 40 States cast less than half. The 23 least populous States and DC cast 20,936,874 votes or 13% of the total.

Standardizing FEDERAL elections

The FEDERAL Election Commission administers federal campaign finance laws; however, it has no authority over the laws relating to voting, voter fraud and intimidation, election results or the Electoral College. Further it has no authority over States who govern and administer elections at the state and local level.

The proposed amendment adds laws relating to the Presidential Primaries and Presidential Elections. Consequently, Congress would have authority to establish provisions relating to voting in those FEDERAL elections.

When the US began to directly elect Senators neither standardization nor Federal control of FEDERAL elections required States to conform to a single Federal standard.

Federal Elections of course would include the Presidential Primaries, Presidential Election, and election of the US Congress. The US Congress also could provide the Federal Elections Commission with guided rule making regarding those elections.

Given the deadlock and non-action of the current Federal Elections Commission, a new Federal-State Election Commission ought to be set up by a FEDERAL-STATE agreement approved by the States. For example, a new FSEC may require the same type of ballot for the federal elections in every State and prevent hanging chad moments as witnessed in Florida in the Bush Gore election. Further the FSEC could provide for a technologically safe vote tabulating system that uses multiple redundant digital, manual papers and electronic tabulations of votes under observation by the Joint Federal and State Elections Commission.

The voters would benefit if the FSEC required campaign financing disclosures upon the candidate’s declaration, registration, and request for campaign contributions before each election; and then again before the States certify the results of the elections to the US Congress Assembled.

We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

Over half the country is using out-of-date voting machines and techniques.

See below the DIRECT RECORDING ELECTRONIC voting machine WITH SAVED AUDIT PAPER. Main article: DRE voting machine

https://www.brennancenter.org/our-work/research-reports/voting-machines-risk-2022

DRE with paper for voter to verify (VVPAT)

FEDERAL Election Commission

The FEDERAL Election Commission administers federal campaign finance laws; however, it has no authority over the laws relating to voting, voter fraud and intimidation, election results or the Electoral College. State laws primarily govern and administer elections at the state and local level.

The proposed amendment adds laws relating to the federal Presidential Primaries and federal Presidential Elections. Congress may establish provisions relating to voting in those FEDERAL elections. and those relating to US Senators and US House Members.

Although congressional and presidential elections have national impact, they are primarily administered according to state laws. Article I, Section 4, clause 1 of the Constitution (Elections Clause) gives the states the initial and principal authority to administer the “Times, Places and Manner” of congressional elections within their jurisdictions, as “prescribed in each State by the Legislature thereof.” This decentralized authority results in states varying significantly in how they administer the federal voting process and elections. At the same time, the Elections Clause provides Congress with the authority to “override” such state laws. (Arizona State Legislature v. Arizona Independent Redistricting Commission (2015)).

While the States have many similar provisions regarding elections, the provisions differ considerably and thus confuse voters who move from State to State.

Federal and State Elections Commission (FASEC)

A Federal and State Elections Commission (FASEC) I is proposed by amending 52 U.S.C. § 30106 - U.S. Code - Unannotated Title 52. Voting and Elections § 30106. Federal Election Commission.

Summary

At Section 30106 the Title Should be changed from Federal Election Commission to Federal and State Election Commission.

At (a) (1) The paragraphs should be changed to read as follows: (1) There is established a commission to be known as the Federal and State Election Commission. The Federal Members of the Commission Shall be composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, 4 Federal members nominated 1 by the Senate Majority Leader, 1 by the Senate Minority Leader, 1 by the House Majority leader, 1 by the House Minority Leader, to the President who appoints Federal Commissioners by and with the advice and consent of the Senate; and the State Members of the Commission shall be composed of the heads of the State Chief Election Officers' Association and The State Governors' Association or their designees, ex officio and without the right to vote, and 4 State members from 4 States who shall be nominated in order of their entry as a State into the Union by the Majority in the State House to the Governor who shall appoint the State Commissioners by and with the advice and consent of the State Legislature. https://en.wikipedia.org/wiki/List_of_U.S._states_by_date_of_admission_to_the_Union

(2)(A) Members of the Commission shall serve for a single term of 8 years, except that of the members first nominated and appointed shall be nominated and appointed for terms of two, four, six and eight years.

(3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than ex officio members) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal or State Governments. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment.

(4) Members of the Commission (other than ex officio) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315).

(5) The Commission shall elect a chair and a vice chair from among its members (other than ex officio members) for a term of one year. A member may serve as chair only once during any term of office to which such member is appointed. The chair and the vice chair shall not be affiliated with the same political party. The vice chair shall function as chair in the absence or disability of the chair or in the event of a vacancy in such office.

Thereafter, it is proposed that Specific Authorities be amended to add after (8) under 52 U.S.C. § 30107 - U.S. Code - Unannotated Title 52. Voting and Elections § 30107. Powers of Commission (a)Specific authorities and at (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of Title 5, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of Title 26;

ADD after Title 26; “to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of the 28th amendment to the US Constitution relating to Federal Election matter including parties in Sections 1 through 5.” During the meetings and proceedings of the Federal and State Election Commission to formulate policy and vote on legal and administrative matters , the Commission shall establish intelligent video conferencing with the Chief Election Official of each State who shall be given the opportunity to observe, to participate by making both inquiries and comments in audio-video meetings via internet connections.

Then add a Transition Provision providing that the current Federal Election Commissioners shall serve as Commissioners on the Federal and State Election Commission until their terms expire.

Nothing further would be changed in the remaining provisions of Title 52 relating to the Powers of Commission, Advisory opinions, Enforcement and Judicial review.

Rules Guiding Parties

The Federal And State Elections Commission Enacts (FASEC) Rules Guiding Parties.

This post reviews Constitutional authority to regulate Federal Elections including party primaries and parties.

The US Constitution provides our federal government the authority to regulate voting in Federal elections: Presidential Party Primary elections, Elections of the President and Vice President, US Senators, and US House Members and in US Congress Assembled.

Below See the quotes regarding US Constitutional Authority to Regulate Federal Elections .

"Whether the national government has similar authority to regulate political parties has seldom been tested, for Congress has not chosen to enact legislation recognizing party associations or regulating their structure and activities." Any such federal power could, however, be thought to derive from several constitutional sources.

Article IV, section 1, of the Constitution grants Congress a broad power to regulate the time, place, and manner of electing senators and representatives. In united states v. classic (1941) the Supreme Court construed this provision to allow Congress to regulate individual conduct and also to modify those state regulations of federal elections that the Constitution authorizes. And, although no constitutional provision explicitly extends the authority of Congress to regulate presidential elections, the Court affirmed this power in Burroughs v. United States (1934), oregon v. mitchell (1970), and buckley v. valeo (1976).

Congressional power to regulate elections does not necessarily imply power to regulate political parties. But the Supreme Court has taken a major step in that direction by bringing federal primary elections, which are principally a party process for selecting candidates, within the ambit of Article I. In United States v. Classic, the Justices held that: "Where state law has made the primary an integral part of the procedure of choice, or where in fact the primary effectively controls the choice, the right of the elector to have his ballot counted at the primary is … included in the right [to vote in congressional elections] protected by Article I, sec. 2." This right to vote in congressional elections may be protected by Congress under Article I, section 4. Subsequently, the Court has treated Classic as recognizing a general congressional power to regulate primary elections for federal offices."

The next post proposes FEDERAL ELECTION MATTERS INCLUDING PARTIES for the consideration by the US Congress and by the Federal-State Elections Commission.

State Parties PROPOSED Performance Audit

The proposed 28th amendment makes parties responsible. In the proposed 28th amendment the words party and parties are used seventeen times in describing the Parties' Presidential Primaries and Presidential Elections. The Federal and State Elections Commission can add other provisions to improve the procedures.

Note the States continue to qualify and certify parties. The States can write rules for political party organizations, political party qualifications & certifications, assemblies, political action committees, caucuses, conventions so long as such rules respect the US Constitutional protections of the first amendment rights to association, assembly, free speech, and religious practice.

Performance Audit

Party Platforms, objectives, and goals are promises to their members and is a Social Contract that if they breach it then they are voted out of office.

An International/Federal and State Performance Audit agency should publish a report comparing the parties' actual performance compared to the Parties" Platform promises Social Contract; and publish a report of the behavior of the representative compared to the federal elections code of ethics.

The US Center for Audit Excellence (CAE) offers training, technical assistance, and other products and services to audit organizations to build capacity and foster effective accountability.

Performance auditing provides objective analysis so that management and those charged with governance and oversight can use the information to improve program performance and operations, reduce costs, facilitate decision making by parties with responsibility to oversee or initiate corrective action, and contribute to public accountability. Generally Accepted Government Auditing Standards (GAGAS), also known as the Yellow Book, provides the preeminent standards for government auditing. Of course, objective measurement of performance against generally accepted standards is a key component.

https://www.gao.gov/about/what-gao-does/audit-role/cae

The International Organization of Supreme Audit Institutions - INTOSAI - is an autonomous, independent, professional, and nonpolitical organization established to provide mutual support; foster the exchange of ideas, knowledge, and experiences; act as a recognized voice of SAIs within the international community; provide high quality auditing standards for the public sector; promote good governance; and foster SAI capacity development and continuous performance improvement. Performance auditing carried out by SAIs is an independent, objective, and reliable examination of whether government undertakings, systems, operations, programs, activities, or organizations are operating in accordance with the principles of economy, efficiency, and effectiveness and whether there is room for improvement.

https://www.issai.org/wp-content/uploads/2019/08/ISSAI-3000-Performance-Audit-Standard.pdf

ELECTION OBSERVERS

Each jurisdiction may have different rules about who may observe elections. Rules vary by state in the United States.[7] wiki

https://en.wikipedia.org/wiki/Election_monitoring

The most common type of domestic election monitoring comes by way of party poll-watchers, who are partisan individuals or special interests that are looking out for the interests of their party or group. Election day activities of partisan observation groups often included scrutinizing the accreditation, voting, counting, and tabulation processes at polling units throughout election day.

Representatives of political parties and candidates may be present on request. Further, one member of the media (including SIGs) should be given observer status in each polling place; such member should be chosen by a majority vote of media AND special interest group registering interest in being an observer.

The Carter Center has been a pioneer of election observation, monitoring 115 elections in 40 countries, including the United States, since 1989 and forging many of the techniques now common to the field. The overarching objective is to enhance democratic governance and increase effective political participation for all, especially groups that have been historically disadvantaged or that face political, cultural, or socioeconomic barriers. This includes women, racial and ethnic minorities, indigenous persons, persons with disabilities, youth, elderly people, and other marginalized groups.

https://www.cartercenter.org/

https://aceproject.org/ace-en/focus/international-election-observation/onePage

The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization that supports democracy worldwide.

https://www.idea.int/

The Global State of Democracy (GSoD) report provides policymakers, activists, citizens and media with analysis, recommendations, and data on democratic performance from 173 countries, while also advocating for evidence-based democratic reforms. The report synthesizes 116 individual indicators from our GSoD Indices, including press freedom and clean and fair election processes, to provide a scientific, trustworthy analysis of global democracy. The annual Global State of Democracy Report provides an overview of the global and regional trends related to democracy and human rights, along with policy recommendations to support and extend democratic values around the world.

Although most countries in the Americas have continued to perform in the mid-range across the four main categories of democracy, the region has experienced greater democratic contraction than expansion in the past five years.

A third-party neutral organization ought to observe elections in each State; and issue a report on each State.

Early Mail-in and Absentee Voting

TEXAS is a pioneer in early voting, having become the first U.S. state to offer in-person early voting in the 1980s. Generally, early voting in person begins the 17th day before Election Day

https://www.votetexas.gov/voting/early-voting.html

A big challenge for states ramping up their mailed ballots is how to count them in a timely manner. Mailed ballots tend to come in waves, and many authorities allowed ballots to be postmarked by Election Day. So, you could have a situation where tallies announced by in-person voting and ballots returned before the deadline show one candidate in the lead, Morley, with Florida State University, said. 'But you still have tens of thousands of uncounted ballots, and you are setting yourself up to potentially say: ‘Now that we finished counting the votes, actually the other candidate is the winner.’' -Amber Phillips, staff writer, The Washington Post (2020) [4] wiki

As of March 2024, forty-six states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands offer early in-person voting to all voters (this includes states with all-mail elections). Four states—Alabama, Delaware, Mississippi and New Hampshire—do not offer early in-person voting, though they may provide options for eligible absentee voters.

www.ncsl.org

Although most states have absentee voting, deadlines, and rules on who can take part vary. Some states require an excuse to vote absentee. Others do not. In most states, you will need to request an absentee ballot to vote in each election. But in some states, you may qualify to sign up to receive absentee ballots for every election. Learn if your state offers permanent absentee voting. MAINE and Eight states allow any voter to join a permanent absentee/mail ballot list and will mail that voter an absentee ballot for each election going forward: Arizona, District of Columbia, Maine, Maryland, Michigan, Minnesota, Montana, New Jersey, New Mexico, and Virginia.

https://www.ncsl.org/elections-and-campaigns/table-3-states-with-permanent-absentee-voting-lists

Instead of absentee voting programs, some states offer vote-by-mail programs. They automatically send ballots to all registered voters in the state before Election Day. See which states offer vote-by-mail programs. HAWAII and Eight states—California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington and the District of Columbia—allow all elections to be conducted entirely by mail.

https://www.ncsl.org/elections-and-campaigns/table-18-states-with-all-mail-elections

The FEDERAL AND STATES ELECTION COMMISSION should establish provisions applicable in every state so that military overseas, absentee, and mail in votes must be returned a fixed number of days prior to election day to ensure they can be opened, cast through an approved optical scanning device, and counted in a timely manner on or before election day (if before then results only become public on election day).

Early, Mail-in, and Absentee Voting ought to be standardized so it is the same in all States.

https://faq.usps.com/s/article/Voting-by-Mail

https://www.usa.gov/absentee-voting

Voting Equipment for Federal Elections

Every state except NORTH DAKOTA requires residents to register to vote' Twenty-eight states require voters to register before Election Day (three weeks PROPOSED for Federal elections). To register to vote in your State see https://www.vote.org/register-to-vote/ and then click on your State. Washington D.C.: Register to vote, deadlines, dates, and rules.

Already, 49 states and the District of Columbia—without fanfare or partisan wrangling—have moved forward with important elements of voter registration modernization. The important tenets of a modern registration system include electronic registration at DMVs, online registration, Election Day registration, portability, and preregistration. If a State does not have an online registration system a voter may register online through the PROPOSED Federal Elections Voter Clearing Registry which will forward the changed voter registration to the State electronically. Further voters on overseas military or other authorized employment may verify, clarify, and notify the States of their absentee status and request a mail in ballot though the Federal Elections Voter Clearing Registry. see https://www.sos.ca.gov/elections/voter-registration/nvra

Voting booths, equipment, and electronic-mechanical voting systems with auditable paper ballot. Almost all states now use an OPTICAL SCAN system, an optical scan voting system is an electronic voting system and uses an optical scanner to read marked PAPER BALLOTS and tally the results.

Seventeen states have DRE (VVPAT) systems. Direct recording electronic (DRE) systems: DRE systems employ computers that record votes directly into the computers' memory. These interfaces may incorporate touchscreens, dials, or mechanical buttons. The voter's choices are stored by the computer on a cartridge or hard drive. Most DRE systems also USE a VOTER-VERIFIED PAPER AUDIT (VVPAT) printers, which produce paper records that can be preserved to be tabulated in case of an audit or recount.[1]

See FLORIDA https://dos.fl.gov/elections/voting-systems/about-voting-systems/

Third Party Prospects

The new proposed election system is not likely to change the prospects for successful third- and multiple-party outcomes.

With few exceptions,[2] the U.S. system has two major parties which have won, on average, 98% of all state and federal seats.[3] The United States is home to more than 54 political parties — 37 of which have had candidates run for the presidency.

Under the first-past-the-post election systems, winner takes all, the voters live in several districts, each of which selects one person to fill one seat by a plurality of the vote. First-past-the-post is not conducive to a proliferation of parties, and naturally gravitates toward a two-party system, in which only two parties have a real chance of electing their candidates to office. No third-party candidate has won the presidency since the Republican Party became a major party in the mid-19th century. Since that time, only in five elections (1892, 1912, 1924, 1948, and 1968) has a third-party candidate carried any states.

The winner takes all election result will not apply in the first-tier nominating Primaries in the new proposed 28th amendment election system.

In the new proposal The State certifies all the votes of all qualified State Parities to the US Congress Assembled where they are counted and totaled for the whole country. This is not a State-by-State winner take all outcome. This means If parties finishing third or even fourth can assemble the number of votes greater than two and one-half percent (2.5%) of all the votes cast for all parties then it will be able to have its slate of candidates placed upon the PRESIDENTIAL ELECTIONS BALLOT.

In this two-tier 28th amendment proposal the term Proportional Representation applies to first-tier State Parties nominating systems for a slate of President and Vice-president to US Congress Assembled. The States certify the results of all the votes cast for a slate of a party proportionately. For example, as reported by one district the following party slates received votes as follows: 30 % Independent (independent unaffiliated designation), 20% Democrat, 20% Republican, 15% American Reform (No Label), 9 % Green, 4% Libertarian, and 2% Progressive. There is no winner taking all results in federal electoral districts. All the votes are sent to the US Congress Assembled where all votes are counted.

We should place in our Constitution for “We the People” controls, protections, and "check and balances" upon parties.

https://www.history.com/news/third-party-candidates-election-influence-facts