by Tony Hudson, Stevensville
Americans across the political spectrum are becoming increasingly concerned about the flood of noncitizens spilling across our southern border. This crisis threatens national security and is putting a strain on social services, public schools, and law enforcement across the nation. It also poses a threat to our electoral process because a quirk in federal law prevents local election officials from requiring proof of citizenship when a person registers to vote. Consequently, some unknown number of noncitizens currently vote in our elections.
So it is infuriating to hear politicians like Theresa Manzella and her loyal followers—Kathy Love and Kim Dailey—celebrating the defeat of HB 402, a bill introduced last legislative session that would have permitted Montana to lead the nation when it comes to responsibly and effectively verifying voter citizenship. But they go further by distorting the truth in order to launch dishonest political attacks on Republican legislators who supported the bill.
It’s time to set the record straight. Here are the facts:
First, under present federal law all a person need do to “prove” U.S. citizenship when registering to vote is check a box on a form and then sign it. Thereafter for the purpose of voting, the person is to be treated as a citizen whose constitutional right to vote must not be infringed.
Second, efforts by other states to require proof of citizenship have been struck down by federal court as unconstitutional violations of the Supremacy Clause (Article VI) and the 14th Amendment’s Equal Protection Clause.
Third, HB 402 was specifically written to withstand court challenge and thus succeed where other states had failed. It placed the burden for verifying citizenship on the state—not the individual—and required that a person whose citizenship status has not yet been confirmed nonetheless be allowed to vote while verification is pending. The need for this provision was regrettable. But without it, the bill would have been ruled unconstitutional.
HB 402 was neither intended nor designed to let noncitizens vote. This is already happening. The only question is to what extent. So we are back to where we started. Some unknown number of noncitizens vote in Montana, and we have no reliable way to catch them and to thus deter this illegal activity.
The responsibility for this failure rests squarely on Theresa Manzella and her network of John Birch Society collaborators, who put sound bites and vulgar political gain ahead of doing the hard work necessary to understand the issues and address the challenges facing Montanans. We can do better than Manzella, Love, and Dailey.
WMA says
Yes, Teresa, words do matter, especially the words you left out. First of all, the entire line you mentioned is crossed out, meaning it has been deleted from the bill. Secondly, the original line said people whose citizenship hasn’t been verified be allowed to vote while their citizenship is verified. Common sense tells us that means if their citizenship is not verified, their vote is discarded. Teresa, you lied to Star readers. Again.
WMA says
People, please. This is right-wing propaganda trying to initiate fear and put into doubt election integrity. This is all based on Trump lies that he lost in 2020 because of illegal immigrants voting. This DID NOT happen. It is a weak, insecure man refusing to accept his failure as his own fault. I have registered to vote in seven states and every time I had to prove who I was included my Social Security number. Don’t fall for this scam, please.
Gomez says
I think that the main reason that they have election fraud on the brain is because they’re often the ones committing it. From Phoenix today;
“ A top leader of the national conservative group Turning Point Action, which has amplified false claims of election fraud by former president Donald Trump and others, resigned Thursday after being accused of forging voter signatures on official paperwork so that he could run for reelection in the Arizona House.”
Helen Sabin says
This is a most excellent letter. – a convention of states gathering could clarify this act to read, anyone who checks the little box on the government form that can’t produce a valid ID or birth certificate to prove citizenship must have their citizenship adjudicated BEFORE they are allowed to vote. IF the STATES would do that, illegal voting could be reduced tremendously and State Rep David Bedey would NOT have had to spend his legislative time writing a great bill that is most necessary now and that Two candidates for legislative seats can’t seem to understand. We do NOT need to elect them – Manzella and Love. They heard him explain the purpose of the bill and yet still pass rumors about it that are untrue.
Gomez says
In 2016 Trump claimed that he had not lost the popular vote because he was unpopular, but because “millions of illegals had voted”. He formed a voting integrity commission to help prove his case. And how many instances of non-citizens voting did they find? A million? 300,000? 50,000? 200? Nope. The voting integrity commission created by the Trump administration in 2016 was unable to find even a single instance of a non-citizen voting in the 2016 election. Zero. None.
The reason that candidates lose elections is because they are unpopular, not because non-citizens are voting against them.
WMA says
Noncitizens cannot vote. And to think they would risk deportation to vote illegally in a race their vote cannot possibly affect is childishly simplistic.
Theresa Manzella says
Dear Dave… ‘er Helen….er’ I mean Tony. Please cite the exact clause and line of the National Voter Registration Act that states that “all a person need do to “prove” U.S. citizenship when registering to vote is check a box on a form and then sign it.” SHOW ME the language. Here’s a clue. YOU CAN”T because it doesn’t say that! You’re being used as a TOOL Tony. But Bedey and Rusks HB402 SPECIFICALLY SAYS “…REQUIRING THAT A PERSON WHO’S CITIZENSHIP HAS YET TO BE CONFIRMED BE ALLOWED TO VOTE.'” Words matter.