FALSE: The Daily Signal’s Jarrett Stepman wrote, “H.R. 1, in the name of democracy, takes a blow torch to the concepts federalism and self-government enshrined in our Constitution.” Stepman continued that this was the “most concerning aspect of H.R. 1” and that the bill “would not just undermine, but bulldoze any semblance of federalism left in our political system.”
FALSE: Populist Press claimed the bill would ensure a “complete Congressional takeover of redistricting.”
FALSE: On Fox News’ Outnumbered, contributor Emily Compagno said, “On federalism, we know that the founders specifically with the 10th Amendment left to the state a reserved power of running the elections. So, with this, it would nationalize it.” Fox News contributor Leo Terrell claimed, “States have the obligation to set forth qualifications for voters within their states. This is a hijack. This is to nationalize it. That's wrong. It's the right of the states to set the qualifications.”
FALSE: Chris Talgo wrote for Townhall: “HR 1 is a massive bill, more than 800 pages long, that would supersede state legislatures’ constitutional right to set election procedures.”
FALSE: Newmax’s Charles Faddis called it “a complete federal takeover of our election system.”
REALITY: As PolitiFact wrote about misinformation spread about the bill:
The legislation has faced pushback from conservatives who see it as overstepping states’ rights. In the past, states have set most details of election laws.
While the legislation overall is seen as Democrats’ wishlist to expand access to the ballot, the Campaign Legal Center found that it includes several policies that have been supported by state officials in red states or backed by Republicans in Congress.
For example, the legislation includes provisions to require states to enact automatic registration and same-day registration, which is already the policy in many states.
In terms of the redistricting portion of the bill, PolitiFact explained:
The bill states that Congress can establish the conditions states must follow in carrying out congressional redistricting including to create independent redistricting commissions. Some states already use commissions to carry out redistricting or advise state legislatures.
“It’s a congressional directive in how states would conduct redistricting,” but Congress itself would not take over draw the lines, said Jeffrey Wice, adjunct professor at New York Law School and long-time counsel to the New York State Legislature.
Rebutting critics who “portray the legislation as unprecedented and unduly intruding on the scope of state authority over elections,” Franita Tolson, law professor at the University of Southern California Gould School of Law, argued:
These concerns are unfounded because Congress has broad authority to regulate federal elections under the Elections Clause of Article I, Section 4 of the Constitution. This authority sometimes permits Congress to reach voter-qualification standards and state elections long considered to be the domain of the states. Congress has rarely used its power under the Clause, contributing to its underenforcement and also to misconceptions about the Clause’s reach. But when utilized, the Clause has supported legislation, both enacted and proposed, that was much broader and more intrusive of state authority than H.R. 1.
In an article about the redistricting portion of the 2019 For the People Act, which would eliminate partisan gerrymandering by requiring states to establish independent redistricting commissions, the Harvard Law Review wrote that “evidence suggests that the Elections Clause, much like the Supremacy Clause and the Full Faith and Credit Clause, immunizes certain exercises of federal power from the anticommandeering doctrine,” which dictates that the federal government cannot “commandeer” state governments to adopt or enforce federal laws. In other words, “text, case law, and constitutional history support the proposition that Congress is within its authority under the Elections Clause to require states to adopt” the redistricting provisions in the bill.
The Supreme Court has also affirmed the constitutional authority of Congress to enact legislation like the For the People Act. In the Arizona v. Inter Tribal Council of Arizona (2013) decision, conservative Justice Antonin Scalia, writing for the Supreme Court, reiterated this precedent (citations omitted):
The [Elections] Clause’s substantive scope is broad. “Times, Places, and Manner,” we have written, are “comprehensive words,” which “embrace authority to provide a complete code for congressional elections,” including, as relevant here and as petitioners do not contest, regulations relating to “registration.” In practice, the Clause functions as “a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to pre-empt state legislative choices.” The power of Congress over the “Times, Places and Manner” of congressional elections “is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith.”