Reference no: EM133638548

Question: Describe the precedents, doctrines and rules relevant to this area of law: Facts

In the early part of 2032, a global pandemic caused widespread concern and confusion over national election procedures and may have resulted in reduced voter turnout. While the outcome of the election was undisputed in the United States, federal and state lawmakers were gravely concerned and sought to better prepare for the next disaster. Five years later, a group of bi- partisan federal lawmakers passed the Election Year Emergencies Act (EYE Act) of 2037 which was signed by newly elected President Alison Swift. This law reconstituted the Federal Election Commission, whose duties were previously confined to campaign finance law. The newly named Federal Election Agency would now be headed by a single director appointed by the president and confirmed by the Senate. In addition to its former duties, it was charged with handling emergency responses during crises that may affect federal elections.

The authorizing statute reads in part:
The powers granted herein to the Federal Election Agency (FEA) are authorized during certain national emergencies - including war, rebellion, and health crises - for the purpose of supporting and facilitating free and fair elections where they may not otherwise take place.
The FEA is given the following responsibilities:
Section 1: The President, upon advice from the FEA, may authorize the FEA to reasonably alter the manner of federal elections during declared national emergencies.

Clause A: In accordance with existing federal statutes, the President has the authority to declare national emergences. [fact not in dispute]. If the president has: declared a national emergency; and during that national emergency a federal election is taking place;
the President may authorize the FEA Director to take appropriate actions to ensure fair and open elections. The powers and authority of the FEA are stipulated in Sections 2-3.

The President is authorized to coordinate response efforts between the FEA and other federal agencies to support and facilitate federal elections during declared national emergencies.

Section 2: Once authorized to act by the President, the FEA Director may determine the appropriate manner regarding elections. This determination by the FEA director must consider (a) damages to critical election infrastructures; (b) resources of states to accommodate alternatives on their own; (c) an assessment of risk to voter confidence and trust in the election. The FEA Director should take reasonable measures to ensure that any location change of in-person polling stations happen within the state where the voters reside.

Section 3: The FEA Director may not change who qualifies to be on any ballot, nor may the FEA Director change the content of the ballot as decided by state rules and regulations.

Section 4: Congress may submit a resolution from both chambers revoking any part of the President's and FEA Director's actions under this law.

It is now 2040 and the U.S. has overcome the global pandemic. During the August Recess, President Swift appointed James Folklore to fill a vacancy as FEA Director, not knowing what lay ahead. A federal election was set for November 6th, but new problems faced the nation. As a result of global warming, extreme weather conditions have escalated. In August and then early October of 2040, two category 6 hurricanes struck the Gulf Coast, leaving massive destruction along the Florida panhandle and southern portions of Alabama, Mississippi, Louisiana, and Texas. Major wildfires broke out in parts of California in late October. Finally, a tornado ripped through parts of Middle Tennessee. Some of the damage has caused power failures and transportation problems that are affecting counties of neighboring states. While the majority of states in the U.S. do not expect disruptions to their election procedures and implementation, many of the areas directly affected by natural disasters are experiencing intense logistical difficulties.

With the election only two weeks away (October 23rd), incumbent President Swift declared a national emergency. Based in part on the effects on interstate travel, commerce, and need for services, the emergency order encompassed the entire country. Concerned about the uniformity of elections and to take care that they be executed properly, Pres. Swift approved FEA Director Folklore's plan to push back the date of the election until December 4th for ALL states and ordered ALL states to provide mail-in-ballot access for all voting-eligible citizens (as determined by state law).

Also citing concern over low-voter turnout and how that might influence perceptions of the election's legitimacy, President Swift ordered the National Guard to take control of major sports arenas to make room for safe ballot-drop-offs and in-person voting. Facilities in California, Florida, Alabama, Mississippi, Louisiana, Texas, and Tennessee were affected. In those facilities, the National Guard in coordination with state and local officials, would oversee voting. Members of Congress were in sharp disagreement over these actions. In close votes on October 27th, 219-216 in the House and 51-48 in the Senate (filibuster is gone by 2040), Congress passes a resolution rescinding the president's orders.

However, the FEA refused to comply with Congress' resolution. This resulted in great confusion for election workers, with county and precinct commissioners unsure of what rules and whose orders to follow.

Just one week before the initial election day (October 30th), fourteen state attorneys general (including those from the seven states experiencing disasters) filed suit against the FEA seeking an emergency injunction and a declaratory ruling that the EYE Act was unconstitutional. A federal district court swiftly struck down the EYE Act and reinstated November 6th as election day, but the 6th Circuit Court of Appeals overruled the lower court and upheld the Act citing, among other things, the extraordinary circumstances.