In response to allegations of Russian hacks during the election season, the U.S. Department of Homeland Secretary announced on Jan. 6 that election infrastructure—storage facilities, polling places and centralized vote tabulation locations—would be considered a subsector of the existing government facilities critical infrastructure sector. (Business Report).
The big thing to realize is that this is all Unconstitutional – ILLEGAL! But when you are a Left wing Democrat who cares about the Constitution and who cares if Executive Orders are illegal? All you need is a pen and a phone.
Executive Order — Establishment of the Presidential Commission of Election Administration
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ESTABLISHMENT OF THE PRESIDENTIAL COMMISSION
ON ELECTION ADMINISTRATION
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the efficient administration of Federal elections and to improve the experience of all voters, it is hereby ordered as follows:
Section 1. Establishment. There is established the Presidential Commission on Election Administration (Commission).
Sec. 2. Membership. (a) The Commission shall be composed of not more than nine members appointed by the President. The members shall be drawn from among distinguished individuals with knowledge about or experience in the administration of State or local elections, as well as representatives of successful customer service-oriented businesses, and any other individuals with knowledge or experience determined by the President to be of value to the Commission.
(b) The President shall designate two members of the Commission to serve as Co-Chairs.
Sec. 3. Mission. (a) The Commission shall identify best practices and otherwise make recommendations to promote the efficient administration of elections in order to ensure that all eligible voters have the opportunity to cast their ballots without undue delay, and to improve the experience of voters facing other obstacles in casting their ballots, such as members of the military, overseas voters, voters with disabilities, and voters with limited English proficiency.
In doing so, the Commission shall consider as appropriate:
(i) the number, location, management, operation, and design of polling places;
(ii) the training, recruitment, and number of poll workers;
(iii) voting accessibility for uniformed and overseas voters;
(iv) the efficient management of voter rolls and poll books;
(v) voting machine capacity and technology;
(vi) ballot simplicity and voter education;
(vii) voting accessibility for individuals with disabilities, limited English proficiency, and other special needs;
(viii) management of issuing and processing provisional ballots in the polling place on Election Day;
(ix) the issues presented by the administration of absentee ballot programs;
(x) the adequacy of contingency plans for natural disasters and other emergencies that may disrupt elections; and
(xi) other issues related to the efficient administration of elections that the Co-Chairs agree are necessary and appropriate to the Commission’s work.
(b) The Commission shall be advisory in nature and shall submit a final report to the President within 6 months of the date of the Commission’s first public meeting.
Sec. 4. Administration. (a) The Commission shall hold public meetings and engage with Federal, State, and local officials, technical advisors, and nongovernmental organizations, as necessary to carry out its mission.
(b) In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the efforts of other governmental entities.
(c) The Commission shall have a staff, which shall provide support for the functions of the Commission.
Sec. 5. Termination. The Commission shall terminate 30 days after it presents its final report to the President.
Sec. 6. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the General Services Administration shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis.
(b) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the “Act”), may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services.
(c) Members of the Commission shall serve without any additional compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Constitution makes it very clear that states are primarily in charge of elections. But Congress has a secondary role and can override the states on election law. The entity that has no role in elections is the executive branch.
But that doesn’t stop Barack Obama from trying to nationalize the elections. His Department of Homeland Security has declared election infrastructure part of the Federal government’s “critical infrastructure sector.”
Leading the fight against Obama’s takeover the elections process is Louisiana Secretary of State Tom Schedler. He has written President-elect Donald Trump asking him to reverse the election executive order. Here are some excerpts from the letter and press release:
“As immediate Past-President of NASS, I am appalled at the deafness of the Obama administration, but not surprised,” Schedler wrote. “The outgoing President is consistently governed by his own sense of priorities regardless of the opinions of the American people. It has been obvious and even acknowledged by Secretary Johnson in his announcement that there is much trepidation among the states concerning the critical infrastructure designation yet he forged ahead during the last minutes of the administration.”
[…] “It was clear to me after meeting with Homeland Security, the FBI and the U.S. Attorney’s Office that they lacked the basic understanding necessary to assist in ‘securing’ our nationally recognized system,” said Schedler. “This is a federal intrusion issue and should not be taken lightly.”
[…] Schedler’s letter followed a strong response from the National Association of Secretaries of State which read in part, “U.S. Homeland Security Jeh Johnson’s announcement of a critical infrastructure classification for elections systems is legally and historically unprecedented, raising many questions and concerns for states and localities with authority over the administration of our voting process. Americans need to know that the November 2016 election-the voting process itself-was not hacked or subject to manipulation in any way. No credible evidence of hacking, including attempted hacking of voting machines or vote counting, was ever presented or discovered in any state. State and local autonomy over elections is our greatest asset against malicious cyberattacks and manipulation. While we recognize the need to share information on threats and risk mitigation in our elections at all levels of government, as we did throughout the 2016 election cycle, it is unclear why a critical infrastructure classification is now necessary.”
Schedler has set up a petition website that Louisiana citizens can sign to show their support for the Secretary of State’s stance.
This is one of the first executive orders that President Trump needs to undo. This yet another attempt by Barack Obama to spit on the Constitution.