Michael O'Neill, VP of Legal Affairs, Landmark Legal Foundation

Election Security & Voter ID The SAVE America Act with Michael O'Neill, VP of Legal Affairs, Landmark Legal Foundation

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Episode Transcript

Speaker 1 (00:05):
Election, security, voter ID politics, and service to the community
and the country. You'd think they'd all go together, but
do they. Welcome to the weekend in this edition of
the Florida Round Table.

Speaker 2 (00:16):
I'm Bill Mick.

Speaker 1 (00:17):
You can catch up with me and our podcasts at
billmick dot com. The Save America Act has been in
the news of late and what seems to be mostly
common sense for our elections has become a point of
contention for politicians in Washington. Polling shows the vast majority
of Americans support valid ID and proof of citizenship for
voter eligibility, So why can't it pass Congress. The President

(00:40):
said he'll implement it by executive order if Congress doesn't act.
But Canny Michael O'Neil with the Landmark Legal Foundation is
with us to help us sort it all out this
weekend on the Florida round Table from the Florida News Network.

Speaker 2 (00:54):
Nice to have you with us.

Speaker 1 (00:55):
We continue in moments, stay with us.

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Speaker 1 (03:05):
Thanks for joining us this weekend on the Florida round Table.
Of course, I'm Bill. Mick Michael O'Neill's with us. He
is the vice president of legal affairs with the Landmark
Legal Foundation. Mike, your second trip back to the round Table.
Thanks for joining us once again.

Speaker 8 (03:18):
Yeah, it was a great time of the first time.
Glad to be back with you.

Speaker 9 (03:21):
Bill.

Speaker 8 (03:21):
How are you today?

Speaker 1 (03:22):
I am very well looking forward to what's going on
in DC and your angle on it, because my audience
and I are frustrated over a lack of action in DC.
And it's not over one issue, it's over so many issues.
It's like it's not gridlock, but it's darn close.

Speaker 8 (03:41):
No. I understand the frustration, and I share the frustration
with you. I certainly think that people out there in
America should be frustrated. I mean, you elected a Congress
in twenty twenty four with the belief that things were
going to get done and one of the main issues,
one of the top issues, obviously, we had immigration reform.
We wanted to see that healthcare reform. That's another issue

(04:03):
that's affecting a lot of us in inflation. But really
one of the top issues that voters wanted to see
in twenty twenty four was some sort of effort to
restore the integrity of our electoral process. Now from a
national perspective, now, you guys down in Florida do it right.
I mean, we know you have a competent governor, competent legislature,
and you guys have implemented, you know, necessary protections on

(04:26):
your voter system that really kind of are the are
the gold standard here and that the rest of the
country should seek to emulate. Unfortunately, not everybody's Florida. Not
everybody has the wherewithal, the leadership and the competency that
you guys do down there. And so throughout the country
you see states like California, Oregon, to an increasing extent,

(04:47):
Virginia even where I am really removing and this is
kind of over the past twenty to twenty five years,
you've seen this. These states have removed all reasonable protections
on their voting systems. And what do you mean by
reasonable protections? Identification and showing an ID when you go
to vote voting in person, not having universal mail in voting,

(05:08):
only targeted absentee voting. In other words, if you can,
you only vote via absentee ballot. If you're unable to
get to the precinct or your polling place, or you're
deployed militarily, or some other extenuating circumstances, that should be
the exception, not the rule, But unfortunately that's really the
rule in a lot of states. A lot of state
election officials don't don't take reasonable measures to ensure the

(05:30):
integrity of their voter roles. What does that mean. That
means taking ensuring that ineligible individuals whose names appear on
the voter rolls are taken off. Their names are taken
off the voter roles. So if you've died, your name's
off the vote roll. If you've moved out of your
state or your jurisdiction, your name's off the voter role.
If you're not a citizen and your name is somehow
on the voter roll, taking some steps to identify and

(05:51):
remove non citizens from the voter rolls, so a lot
of states have really dropped the ball. And this effort
in Congress now is to try to rectify that and
to make some reasonable, common sense solutions of those problems.

Speaker 1 (06:00):
I will remind you that Florida earned its way into
this after twenty after two thousand in the election there,
we had a lot of reform to do, and it
was actually done rather quickly. And this system, I do
believe is a leading example where folks need to go.

Speaker 8 (06:16):
Yeah, I mean, it's kind of it's always welcome. You know,
when you had these big national elections, obviously the presidential
elections what I'm talking about, and you see Florida comes in.
You know, those police close within minutes, We've got the results,
every vote tabulated, every rotue counted. And you're right, there
was kind of that baptism by fire in the two
thousand election, and that you know, the eyes of the
country had to turn to Florida for the resolution there.

(06:39):
But you know, out of that fire comes reform and
you know, for the last several decades, you guys do
it right. And again I think that's a testament to
the leadership and the competency of your legislature and your
governorship down there.

Speaker 1 (06:53):
Well, speaking from our friends who are election supervisors and
the Secretary of State, thank you for that at least
they're getting some recognition. They deserve it. We've got a
little under a minute here, Mike Real, quickly remind folks
about the Landmark Legal Foundation and what you're doing.

Speaker 8 (07:06):
Yeah.

Speaker 10 (07:06):
Sure.

Speaker 8 (07:06):
Landmark Legal Foundation is a national public interest law firm.
We're outside of Washington, DC and Kansas City, Missouri. We've
been around for a while now, almost fifty years. We
focus on constitutional conservativism. We want to promote separation of powers,
fight fight for liberty, and fight against tyranny.

Speaker 1 (07:22):
Very good, Well, we will explore this election security idea.
The Save America Act is what is in play for
us here and there have been some discussions. There are
concerns that some have. I want to explore those with
you as we get the opportunity through the show this
morning and then be able to I don't know that

(07:42):
we want to sell it, but we want to talk
about the benefits and what the positives are and if
there are any.

Speaker 2 (07:47):
Drawbacks, how do we avoid those.

Speaker 1 (07:49):
That's all ahead this weekend on the Florida round Table
as we look at the Save America Act. But the
President says he'll do it by executive order? Can he
do that too? We'll find out.

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Speaker 1 (10:05):
Back on the Florida Roundtable with Mike O'Neil from the
Landmark Legal Foundation, we're talking about the Save America Act
in the news a lot lately, and it seems we're
at a loggerheads in Congress, the House has passed it
Senate to the Senate. You've got Chuck Schumer other Democrats
decrying this thing when they've added advocated for election security

(10:26):
in the past. Now it seems they want to go
the other direction. Let's start with the basics, Mike, start
with the Save America Act and what it actually does.

Speaker 8 (10:34):
Yeah, this is this is Let's first say what it
doesn't do. It does not nationalize elections. Now, there's been
some work some conservative outlets and some conservative prominent conservatives
have come out with concerns for the save opposition to
the Save America Act because on the basis that it
nationalizes elections, it doesn't do that. What it does is
three things it sets. Generally speaking, it sets a base

(10:57):
floor for election security and caught fives from a federal perspective,
certain basic security measures that the overwhelming percentage of Americans
agree on. Number one, it mandates that you show identification
when you vote in person, which I think again, the
numbers on that speak for themselves. We're talking about ninety
percent plus of Republicans believe you should show identification. Eighty

(11:21):
four percent of Americans believe you should show identification. Over
seventy percent of Democrats believe you should show identification when
you vote. Cuts across racial lines as well. Over seventy
percent of African Americans believe you should show identification to vote.
So overwhelmingly, I challenge really anybody to find an issue
today where eighty four percent of us agree on it.

(11:41):
This is one of right. This is one of those
ones that's just an eighty twenty literally an eighty twenty issue,
ninety ten issue, something that should be done everywhere. Unfortunately
a lot of So this is what this does. It
sets a federal obligation that when you vote in federal
elections congrattenal elections, you have to show identification if you're
going to vote in person. The first thing it does.

(12:01):
Second thing it does is that it requires when you
register to vote that you prove your citizenship. Again, another
common sense thing here. Why should you have to establish
your citizenship when you're when you're when you're registering to vote. Well,
it's to address the problem that we've identified that has
been identified. The Left tries to downplay this, but it
is legitimately a problem. Is the fact that non citizens

(12:22):
have registered to vote, either by negligence or gross negligence
or purposefully. Inevitably, non citizens' names wind up on voter
roles and you say, well, how does this happen? Well,
I'll explain to you quite simply. Stay like again, I
go back to California, because it's the it's the exemplar
we like to use here. You go to get a

(12:42):
driver's license in California, it doesn't matter whether you're a
citizen or not unless you affirmatively indicate that you do
not want to you're not a citizen and you don't
want to register to vote, your name is automatically once
you get a driver's license, your name is automatically placed
on the voter roles. So that means you have to
take an affirmative step to acknowledge that you're not a
citizen and that you don't want to register. Otherwise your
name is on the voter rules. So inevitably you have

(13:06):
a number of non citizens names on their roles. California,
as I said before, has universal mail voting. That means
every single name on the voter rolls gets a ballot
in the mail, whether you've indicated you want to or not.
So if you're a non citizen, your name's on the
vulta roles. You go up to hit your mail one day,
you have a mail ballot. Well, wait a minute, I

(13:28):
have a mail ballot. I guess I can vote. You
fill out that ballot, you drop in the mail. You
just committed a felony, and you just expose yourself to
criminal liability unwilling, unwillingly.

Speaker 2 (13:37):
Possibly yeah, without evil intent.

Speaker 8 (13:39):
There absolutely, And this is interesting because this is the
point I always make on this. Everybody always talks about
you know this. I think that this is a protective measure.
I think, if you're not a citizen, you don't want
your name on the voter roll. Why would you If
you're not a citizen here legally, illegally, whatever, what have
you, you don't want your name on the voter roll because
through the negligence or even more mouthfeasance of election officials

(14:02):
like those in California, you could inadvertently receive a mail
ballot and vote and then expose yourself to serious criminal liabilities. There.
So I think that also I'll give you another point
of evidence here about non citizens' names being on the
voter rolls. Inevitably, when you go to courthouses to serve
on jury duty, you can exempt yourself from jury duty

(14:24):
by indicating that you're not a citizen. But yet somehow
you got called to jury duty. How do you get
called to jury duty and you say you're not a citizen.
Throughout the country, particularly again going back to California. If
you go into California and going to the courthouses, you
talk to the people there. Every day X number of
people exept themselves from jury duty on the basis of
them not being citizens. While you're testifying under oath, you're

(14:46):
swearing that you're not a citizen. How did you get
there in the first place. Well, you got there because
the courthouse got your name from the records, from the
voting rolls. So obviously we have a problem here, a
problem in this. So we know that non citizens names
are on the voter rolls. I want to do something
on the front end to remove that potentiality, and that
is requiring you to establish citizenship when you register to vote. Now,

(15:07):
either through a birth certificate, a passport, some sort of
proof of citizenship, when you register to vote, you have
to establish it you're U a citizen. Of course, we
only want us citizens voting in our elections. That makes sense.
Obviously that's a goal of the left. I think one
of my cottage theories here is that the left has
always wanted to remove that citizenship requirement. You see some
sort of ruminations of this at the local level and

(15:28):
some jurisdictions where they've removed it in local elections. But
I always have thought that the left kind of gets
scared about the non citizen issue. They want to remove
the requirement that you're a citizen to vote, and so
for them, any kind of requirement for citizenship is anathema
to their agenda. The third thing the Save America Act
does is establish it id to vote, citizenship to register.

(15:51):
It obligates state election officials to identify and remove non
citizens from the voting worlds. Well, I just told you
about how this is a problem in a lot of states.
State election officials have no affirmative federal obligation to remove
non citizens. They have an obligation to remove dead people,
and they have an obligation to remove people who've moved
out of their jurisdiction, But they don't have an affirmative
obligation under the nation, under the NVRA to remove non citizens.

(16:14):
So again, this would obligate the state election officials to
essentially clean up their voter roles. And so those are
the really the three basic things that the Save America
Act does. That would be again establishing does not nationalize elections,
but establishes a basis level of flour for the security
of our of our electoral process.

Speaker 1 (16:32):
Let me back you up to the either fraudulently or
inadvertently registering to vote by someone who's not a citizen.
And it is the motor voter idea part of a
contributing factor to that. Are there limitations on that in this.

Speaker 8 (16:49):
Yeah, absolutely was. This was implemented in the nineteen nineties.
This was yeah, this was by this was Bill Clinton's babe,
one of his babies, and the Republicans went along with it.
And the Republicans and that you know, went along with
v because they said that, okay, well, as long as
there's the obligation for those state election officials to do
their due diligence to ensure the accuracy of the voter rules. Now,

(17:10):
back in the nineties, non citizenship and vote registration wasn't
on Congress's radar. But yet this is the this is
kind of one of those outgrowths of this legislation is
that when you go to get a driver's license, unless
a state has implemented specific controls to ensure that you know,
the streams don't cross. Right to use a Ghostbuster's reference, right, right,
I'll age myself here, but you know you want to

(17:32):
have if you're getting a driver's license and you're not
a citizen, that's all well and good, right, but you
need to keep tharose folks who are getting their driver's
licenses and they're non citizens in their own stream. You
can't have those streams crossing into the citizens. Is not
because so often when you register, when you go to
get your driver's license and you're a citizen, that automatically
registers you to vote. So you have to have adequate
protections in place. And again I think some states have this.

(17:54):
I I don't know specifically about, but I'm sure some
states have better protections than others. However, if you are
a legislature like California that wants to have a lot
of chaos, I just say they like that chaos. They
like to have all this universal voting, They like to
remove all these reasonable protections. If you have a legislature
that doesn't really care about the integrity of the electoral process.

(18:16):
They will remove those those barriers to those streams, right,
so you get a lot of cross pollination, and so
inevitably when you have this motor voter law. Yes, it's
allowed a lot of these bloor states, deep blue states
to really not not enforce the necessary protections or not
implement the necessary protections, So these streams get crossed and
inevitably non citizens are registered to vote.

Speaker 1 (18:38):
Well, and then I start thinking about California running a
jungle primary system, which effectively can lock a party out
of the general election period.

Speaker 8 (18:46):
Yeah, yeah, I mean we could. We could spend hours
talking about California. One of the it's funny when we
talk about the specifics of it. Yeah, some of the
some of the other specifics. What's crazy there is their
secretary of State. I'll give you an example of how
they're the barriers, the institutional barriers they've erected to undermine
election integrity. Their secretary of State, who is the state officer,

(19:09):
state level officer who's entrusted with ensuring the accuracy of
the voter rules. One of their main jobs, obviously is
to conduct elections. Remember we talked about what happened with
Catherine Harris back in two thousands, and she's the infamous
Secretary of State of California. Well, a secretary of state's
job is to conduct elections, and when the elections aren't happening,
is to also maintain the integrity of their voter roles.

(19:30):
What does that mean? That means scanning the vote roles,
removing ineligible people. If you're dead, so your name's not
on the voter rolls anymore. If you're out, if you're
not a resident of the state, your name's not out
of there. California doesn't allow their DMV to talk to
their secretary of state by law, So if you are,
it would make sense from an institutional perspective, if you

(19:52):
were serious about maintaining the security of your voter roles.
That if you're the DMV and you get a list
of non citizens' names, and you get identifiers of those people.
So you get a name Mike O'Neil who lives at
one two one Main Street, you know, Smithville, Virginia, two
A one nine to one. I've indicated in my DMV
record that I'm not a citizen. Well, wouldn't it make

(20:14):
sense that the DMB communicates that information to the Registrar
of Voters and the Secretary of State so that a
cross reference can be made to see whether Mike O'Neill,
who lives at one two one Main Street, Smithville, Virginia,
two A one nine to one, isn't all the voter rolls.
It would make sense that you have some communications between
state agencies. Well, California has a barrier that you can't

(20:34):
by law, the DMV cannot communicate with the Secretary of State.
What is the purpose of that law other than to
create voter chaos and so malfeasans I'd ask you that question.

Speaker 1 (20:45):
Yeah, that makes a lot of sense. We got about
a minute left here. What's the authority for the federal government?
Since elections are left to the realm of the state,
what authority does the federal government have to put a
save Act in play?

Speaker 8 (20:56):
Yeah, that's a great question. The same constant judtional provision
that vests state legislatures with time, place, and manner to
conduct elections. If you continue on that provision Section one,
I think it's an Article one clause for I'm escaping me.
If you just continue on the time, place, and manners
clause of the Constitution, invests Congress with also a power

(21:18):
to regulate, to set regulations on.

Speaker 1 (21:21):
Elections, and that being federal elections in particular, not a
mandate of the state in their function. Exactly, I've got
thirty seconds. What's got Congress wrapped up about this? Just
in brief?

Speaker 8 (21:34):
Yep, oh that's great. Well, we'll get into it next segment.
But Congress, you know they've been There's the House representatives
have passed it. There's fifty Senators that have signed on
as co sponsors. If you throw in the vice president,
that's a majority. The Democrats on the left obviously oppose it.
We'll talk about why they oppose it, but there's certain
leadership now that are feet dragging in the Republicans that

(21:55):
are that are holding it up.

Speaker 2 (21:56):
And we'll pick it up in moments on the roundtable.

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Speaker 1 (26:04):
Continuing our look at election security On The florida roundtable
this Weekend with, mike O'Neill vice president of legal affairs
For The Landmark, legal Foundation, and mike when we took
that brief, information break we were talking about federal authority
to put these regulations. On elections we're talking specifically for
Federal seats president and, vice President, the house And.

Speaker 2 (26:25):
The, Senate, correct yeah we're talking.

Speaker 8 (26:27):
About federal again conducting federal. Elections here and think, about
this there's. OTHER laws, i mean we were talking ABOUT,
the Mvra The Help America, vote act that Was The
Help American, vote act was the one that was passing
the wake of the two, thousand Election The Voting. Rights
Act so congress has a. Role, here historically has had
a role in passing federal legislation that governs, our elections
and they do have a. Role, Here look i'm, A

(26:49):
federalist i'm a federalism. ADVOCATE here i understand the role of.
THE states i don't want to intrude on the role
of the, states here but our constitution specifically carves Out for.
Congress here none are no less Authority In alexander hamilton
And the federalist papers, discussed THIS and i think it's
kind of a testament to the genius of, our framers,

(27:10):
our founders that they saw that that separation of powers
is really important in all, aspects here that when we
talk about separation, of powers, you know we talk about
the checks and balances and, the judiciary, the legislature and
the presidency of the executive branch and the federal between,
the states and the and the and the. FEDERAL government
i think they even saw in this context, in elections

(27:30):
in vesting sole power to conduct the federal, elections time
place and manner with the state government state legislatures could.
Be problematic so they left a release valve there with
a Role. For congress and you've seen how it's manifested
in the past, two hundred, you know two hundred and fifty,
years later when again we go back to certain states
that have removed all, reasonable protections and what happens in

(27:51):
these states that are that have removed. These protections they
become one, party STATES and i would submit to you they.
Become tyrannical when you have a one party state that
doesn't have to, worry about, you know fighting against another,
party alway isn't held in checked by a competing, political
party and they, have domination tyrannical efforts and. Negligence occurred
look at, WHAT'S again i point to You to california

(28:12):
at work in some Of our west. Coast states it's
good to have a two, party system it's good to
have checks, and balances and it's good to have. The
states when they fail to ensure the election Integrity for
congress to have a role to step up and set some.
Basic standards, all right.

Speaker 2 (28:25):
Very good let's go back To the act itself for a.
Little bit.

Speaker 1 (28:28):
Water drawbacks are concerns that you're hearing About The Save?

Speaker 8 (28:33):
America, act yeah a couple the ones that we'd was
talking about is the. Nationalized elections. There's, concerns well we'll
start with. The right the right is concerned that if
You have congress begin to start to codify, these things
that these, electoral measures that it's going to pave the
way for the left when they come. Into power it's always,
these hypotheticals the left comes into power and then they will.
Nationalize elections if you can recall back In the buying

(28:55):
administration a few, years ago there Was The John, lewis
act WHICH really, hr one which was an effort to
really nationalize elections and really centralize the administration of the
election day electoral Process from washington all throughout. The states
and This where i'm, talking about we're moving all the
protections from a. Federal perspective So if congress can mandate,

(29:18):
excuse me this is again concerns. From Right if congress
can mandate that you HAVE, an id then they can
forbid states from having anybody. Have identifications so you See what.
I'm saying so there's there's the concerns that if you
begin to go down this Path where congress is taking
steps to manage or federalize the, electoral process then the
left can come in and really do some bad things

(29:40):
from a, national perspective rather than just, you know fighting
on the margins of. These, STATES again i believe that
the problem has become so Manifest that congress needs to
step in and we'll fight those battles as we. Fight
them let's fight the battles we fight today right now throughout,
the country lots of states don't have any kind. Of
protections the overalling Majority of americans agree On these this

(30:00):
needs to be DONE. A S. A p so that's
the concern from, the right from, the left. The left
it's the same refrain you've heard over and. Over again
This Is jim crow two, point zero that this will disproportionately,
affect minorities, vulnerable populations that everybody doesn't have access to proof,
of citizenship everybody can't get a can't show. THEIR identification

(30:20):
i think the arguments about showing identification really. Ring hollow nobody.

Speaker 1 (30:23):
Buys that that you have TO have id for in.

Speaker 2 (30:27):
This, country, yeah.

Speaker 8 (30:28):
Yeah, exactly well sometimes some lawyers might might respond to you, by,
saying well you're exercising a constitutional. Right here you shouldn't
have to show an identification exercise a. Constitutional right my
response is easy to that one. AS well i have
to show IDEA if i want to go buy, a
firearm and that's a that's a. Constitutional right so don't
tell me that that identification is an undue burden burden

(30:49):
on exercising a, constitutional right because that's not worth anything.
Right now so and we all agree. On that the other,
the other the, other opposition, of course is that establishing
your citizens is. Unduly burdensome for registering. To vote not
everybody has a. Birth certificate you. Hear that you hear
that married women can't can't reconcile their birth certificates with their,
current identification all. Of that so again my response to

(31:14):
that is simple is if you if we live in
the greatest country in, the world History, of america, you
know two hundred and fifty years of incredible benefits from
living in, THIS country i think it is not an
undue burden for You to arishaw identification to vote and
be establish your citizenship when you register. To vote this
is nothing that you shouldn't have. To do that as

(31:34):
the privilege and honor of Living. In america if that's
All that america asks of you in order to exercise
your right, TO vote i don't think that's too much.

Speaker 1 (31:41):
To ask the Other concern i've heard from the right
is that this is going to create a federal database
of election registration and.

Speaker 2 (31:49):
The like are there legitimate concerns there?

Speaker 8 (31:51):
At, ALL no, I mean i gut they would they'll.
Make THAT but i, mean again my Answer Is Social,
SECURITY administration i mean with the, FEDERAL, government irs, tax.
ATTACKS databases, i mean our our our information are are.
Voting information so what are you going to have your history,
of voting that's that's, out there how, you voted whether.
YOU voted i mean think. About that think about the

(32:12):
information Of The Social security administration has on, you already OR THE.
I r s has. On you this is way would you?
Compare that this? Is nothing this is just have, you
voted how.

Speaker 1 (32:21):
You, Voted well and it's way less than what we're
voluntarily Given to Facebook and instagram and any other social
media that's.

Speaker 8 (32:27):
Out there, ABSOLUTELY absolutely i. DON'T really, I mean i
guess the understanding is another centralized federal database with, our
information but those. Already exist that that horse left the
brong a long. Time ago so you're concerned, About it
take it up WITH THE I. R s take it
up With The Social. Security administration was, My.

Speaker 1 (32:44):
Understanding mike that part of this bill included with, mail
balloting asking that a copy OF an id be mailed
with the, mail ballot which seems like a dangerous and
stupid thing.

Speaker 8 (32:56):
To, DO yeah i hate the. MAIL ballot i hate.
MAIL voting i worked. AGAINST this i think that we should.
Mail VOTING as i, said before it needs to be,
the exception not. The rule that these states that have
done universal. Mail voting it's just, a big. Huge mess
look at what's happening in george what Happened in georgia
now continues to come out about the twenty. Twenty election

(33:17):
the amount, of malfeasance, fraud shenanigans whatever word you want,
to use that can take place when you have widespread
mail voting is just we could we could talk hours
and hours. On that it just exposes the system to
so many. Unnecessary, RISKS again i go back to my
original point here is our country gives us. So much
is it really too much to ask that you show
up in person to vote on an. Election, Day look

(33:38):
i'll even go so far as, to, say okay all
out early voting for a week before election if you
want to go to your. Precingc PLACE but i think
that we need to promote and The same act does not.
Do THIS but i think we should have a. National
holiday and this is we could get Into what donald is. Executive,
ORDER yeah i would like to have a. National holiday
do away with. Mail voting have you show up on

(33:59):
election day to vote and then stop it once once the.
Polls closed. That's it you don't get to have your
ballot trickle in days weeks after election day and somehow have.
It counted, so.

Speaker 1 (34:10):
Again Where the florida law is stellar because if it's
not In the Supervisor of elections office by seven pm on, election,
day yep it.

Speaker 2 (34:17):
Doesn't.

Speaker 1 (34:17):
Count period AND the amen and they have what they
like to call secure ballot. Intake stations what they are
is drop boxes at every, supervisor's office at every early.
Voting site and it's the easiest WAY to i get a,
MAIL ballot i drop it at in a drop box
at the supervisor's office or at an early, voting site.

Speaker 8 (34:38):
Makes, IT yeah i mean, deadlines, matter right. Deadlines matter
if you don't Get your if you're going to elect
a vote via mail ballot and you don't get it in,
in time, tough. LUCK right i mean everything, we have
our life is is. About DEADLINES if i don't get
a brief in by a certain time before, a court the,
court doesn't we'll. Consider it they, will, say well you miss.
The deadline, SO again i go back. To this you
know the elections coming you ever, mail ballot if you're

(34:59):
going to if you're going to elect the vote, by
mail get it in. In time, if not you, know what.
Tough luck you don't get special privileges just because you have,
some excuse and that's what the left loves. To, DO
well i have some reason. For this why do we
can't have a reason? For anything but. Deadlines matter our,
Elections matter the integrity of our electoral. System matters you
shouldn't be able to count ballots days weeks after an election,

(35:21):
has occurred because obviously that incentivizes what. Fraud Manufacturing if
i'm a Candidate and i'm only within fifteen, hundred VOTES
and i, guess what mail ballots can arrive up to
seven days after. Election day WHAT am i going to
go out. And do i'm going to try to manufacture
fifteen hundred and one votes to flip. The election it
just incentivizes all, these nonsense bad things that we shouldn't

(35:44):
have to.

Speaker 1 (35:44):
Deal with one of the horror stories, we've heard especially In,
the northeast is that same day. Voter registration you have
bus loads of people going from state to state registering
same day. And voting Does The Save america act do anything?
About that and?

Speaker 8 (35:59):
Could it, But yeah i'm. Not specifically what it does
IS again i think it mandates if you're going to register,
a route it does mandate that you have to establish
that you're. A citizen so if again, hypothetically speaking how
the regulations are promulgated on this. Would DEPEND but i
would think if that if it would really kind of,
PUT in i think it would put a, you know

(36:20):
a wrench in the system of these these groups that
go out and do same day registration because those people
that the register wouldn't just be able to fill out,
a form they'd have to establish that they're a citizen to,
do that and that takes a little more effort than
just simply sitting there filling out, the form casting your,
mail ballot and then sending it off.

Speaker 1 (36:37):
To whomever it seems to me that, everyone, right left
independent would prefer to have faith in the electoral system,
and this this goes a long way to. Restoring that
anybody throwing any legitimate argument you're hearing, against It because.

Speaker 8 (36:54):
I'm, not, YEAH no i think the best ones are
The ones i've. GIVEN you, i mean you hear checks and.
Is this there's a couple of things. You raised faith in.
THE system i think that's a really. IMPORTANT point i
just want to. Touch on and we've we've known you
Folks in florida don't, have this, but nationally a lot
of us and maybe, you have from a, national perspective
we lost faith in the integrity of the. Electoral system

(37:16):
and that's a. Bad thing you want to be able
to believe that your, vote counts and that if you
don't believe that your, vote counts and you lose faith
that your, vote matters then that puts us down a
very dangerous path as. A nation we want to be
able to believe we can effectuate change via the ballot
box and the peaceful and effectuate peaceful transitions. Of POWER
if i don't lote where my legislature, IS heading i

(37:37):
can vote for somebody else who will osensibly put us
in a. Different direction AND if i believe that somehow
that that, doesn't matter it's going to be problematic.

Speaker 1 (37:44):
Going forward and we've got More with, mike O'Neil the
vice president of legal affairs With The Landmark, legal Foundation
The Save. America act faith in our electoral system seems
like something everybody.

Speaker 2 (37:55):
Should want we got some. More questions we'll get. There Next.

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(40:02):
nice to have you with us this weekend On the Florida,
Round Table bill mick Along with, mike O'Neill vice President
Of legal Affairs The Landmark, legal foundation as we look
At The Save america act And securing, america's VOTE which
i think is something important, To, consider mike as we look,
at This the president has Said if congress, doesn't act

(40:22):
and this appears to be boogered up In the senate,
right now and unless they change rules on the filibuster
and and drive this through as a Majority only. Republican
deal Then the president says he's going to do it by.
Executive order as a constitution, Loving guy i'm thinking he's
got a problem there and it's not going to be

(40:43):
able to be done.

Speaker 8 (40:44):
That, way yeah that'll. BE problematic, I know i know
he'll try via. EXECUTIVE order I don't i don't know
how strong his authority. Will, be obviously one thing we
could count on with this is any executive order he
promulgates in this regard will be challenged immediately, in court
so have to withstand judicial scrutiny from, a circuit from

(41:07):
a district Court and i'm sure district court judge that's
will probably be the. Sympathetic jurisdiction so expect a national
injunction on any executive order, regarding elections and then it'll
have to go through a circuit and Maybe. Even scotus
that would probably be enough high profile thing that would
go To The. Supreme court I'm not i'm not confident
in the president's executive sole executive authority here he is

(41:29):
he has authority to administer elections Through the there IS
the hava and there's THE. Nbr a so he does
have some regulatory authority in, those AREAS but i. Don't
Know the Department Of homeland security has has some sort
of role to play, In this but mainly what they
do is they distribute FUNDS under hava to help, ensure uh,

(41:49):
you know elections go off without. A hitch they'll they
control some. FEDERAL funding i, DON'T know i don't stand,
judicial scrutiny.

Speaker 2 (41:57):
Have, a meeting Help, of america Vote, at america.

Speaker 8 (41:59):
Vote out exactly.

Speaker 1 (42:01):
As with anything Else That president, trump does is this
threat to implement by executive order more of a start
of a negotiating point to get.

Speaker 2 (42:09):
This done it would seem.

Speaker 8 (42:11):
To, be, that, yeah YEAH hopefully i would like to
try to touch. On it and you make a good
point here With, THE senate i think that really. Bears
discussing is, This again this is overwhelmingly popular piece. Of
legislation it's already Passed the House of representatives. Multiple times
it's Passed the House. Of representatives fifty senators have signed

(42:32):
on as. Co, sponsors now if you want to throw
in the, vice president you have a majority In. The,
senate now the question here is you haven't. Hung up
there's some leadership issues. Right now, right Now the senate
is in recess as, we speak but coming back into
into out of recess for. Next WEEK and i don't
understand why they went into recess. This week they have
there's a lot of business That the american people, need

(42:52):
handled AND they're I don't i don't. Get that that,
BEING said i think this should be one of this
should be on their agenda to put this to a
vote to In. The, senate now you say, The, filibuster
well what do we mean when we talk about. A
philibuster there's what we've come to realize now is known
as the zombie filibuster here in the past, several decades
is that if you don't have sixty votes In, the

(43:12):
senate then they can just threaten to filibuster and then
they can hold a piece of legislation. In abeyance by threatening.
To filibuster Senators Like mike lee, are, saying look we
don't have to change the rules Of the senate to
get this to, a vote and to get this Through,
the senate all we have to do is invote the.
Talking filibuster the talking philibuster is what we all learned
in high school. Civics class what the filibuster should. Be

(43:35):
right this is when you see the senator who's opposing
the legislation standing in the well Of the senate and
speaking forever as long as. They can THE longest i
think they, talked about like the longest filibuster now is
the might have Been The Civil rights act that with
sixty days or something. Like That so i'm all for
invoking just going back to the traditional, speaking filibuster making

(43:56):
the opponents To The Save, america Act The, dick Durbins The,
check humors The core bookers of the world stand in
the world Of the senate and express why they oppose the,
same act why they don't think that you should have
to show identification. To vote explain that To the, american
people and force. Their hand force the opponents of, this
legislation force, their hand make them engage in the. Talking
filibuster once they stop with the, talking philibuster then you

(44:19):
can call for a vote and you can get this
through by a, simple majority which we. Already HAVE so
i think that this Should be you're not nuking. The
filibuster you're simply going back to invoking The existing senate
rules and obligating the opponents Of The Save america act
In the senate to engage in a, talking, filibuster which
as we, all understand is what a filibuster.

Speaker 2 (44:39):
SHOULD be i would like to say.

Speaker 1 (44:41):
That, occur yeah who wouldn't you if you were gonna
lay down some money. On it what are the odds
that you're looking at true?

Speaker 8 (44:51):
Right now fifty to? Fifty maybe because here here's, THE
thing a couple. Of things this is the base is motivated.
ON this, i mean there are a lot lot of
people that the people that Put their Republicans And president trump.
In OFFICE as i said initially at our beginning of,
our conversation is this was one of the top Issues.
For republicans, election integrity. YOU know i mean there's, immigration reform,

(45:13):
there's inflation there's, the economy, there's healthcare but right, up
there there's. Election Integrity and americans are concerned. About this
they saw what happened in. Twenty, twenty look a lot
of people who Wrote For donald trump in twenty twenty
understood all. The improprieties it's incredibly popular With the. AMERICAN
people i, voter identification it's common. Sense SOLUTIONS so i
think there's some serious pressure On the senate leadership to

(45:34):
actually DO what i said and invote the talking filibuster
here and get this.

Speaker 1 (45:39):
A vote Very good michael O'Neil with us as we
Talk The Save america act and the Inaction, in congress
which may be the biggest frustration of all. Of this
will close it up taking a look at that as
we Continue The Florida round table in moments here On
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Speaker 1 (49:03):
Back to wrap Up the florida round Table with, mike
O'Neill The Landmark legal Foundation, and mike we were talking
about the Frustration with congress not getting the job, done
here especially in an issue as you noted that the,
vast majority more than any majority that anybody's been elected
by and who knows, how long is in support of.

(49:24):
This idea yet the Mechanations in congress are keeping this.
FROM happening i, for ONE and i know many people
who are tired of the politics taken priority over service to.
The country and how do we get that message through, and, say,
hey guys get some action.

Speaker 8 (49:40):
Done, HERE yeah i think we're. GETTING there i think
there's a lot of movement from. The base if you
look on the social, MEDIA accounts i think that the
senators are. HEARING this, i mean you saw some who
were wavering in the past couple, Of Weeks susan collins Out,
of maine it comes, To Mind chuck grassley Out. Of
iowa these were folks who probably originally were induced to

(50:00):
Support The Save america act and yet the base swelled
and got and talked, to them and they listened and
they signed on as co. Sponsors welcomingly so there's still a.
Few holdouts i'd like to see the, leadership Again The Senator,
john thune who's the majority leader In. The senate let's
be clear. About this this is already clear the we Talked.
About congress this is already Cleared the House. Of representatives
this Is. In congresses this Is in congress's court. Right

(50:21):
now this is the balls in. Their court they need
to act, on this and they NEED and i think
it would be incredibly look going into the, MIDTERM elections
i think it would be incredibly Frustrating to republicans base
conservative conservatives if this if there hasn't hasn't if everything
hasn't been done to try to get this to. A,
vote look we're. Gonna lose all you want to see

(50:43):
is a vote. On this just, you know get on
the field and fight. The battle if you lose, the
battle you lose. The battle but at least at least
make the senators who opposed this do something to, oppose
it rather than just say they. Oppose it MAKE as i,
said before Make The, corey booker stand in the wall
Of the senate and explain all the problems With The
Save america act and see how that resonates With the.
American people bring more attention to it all as all

(51:04):
you're asking for is a vote, on this, and again
this is An incredible if you can't have a vote
on this that eighty four percent Of the american people,
agree on, you know, you say you begin to, say
yourself like we talk about loss of faith in the
in the systems and. The institutions you begin to put
your hands up, and, say well what are you guys
There for if you can't you can't even vote on
something that almost ninety percent of us, agree on get?

(51:26):
To work what are we putting?

Speaker 4 (51:27):
You?

Speaker 9 (51:27):
There?

Speaker 1 (51:27):
FOR sure i want to back up to SOMETHING that
i had heard early on in this and let you clarify.
For me how about women who have through divorce or
or being widowed and remarried would have a more difficult
time in getting this done with the IDs and. The
like is it any more difficult than getting a driver's
license after such an event or anything?

Speaker 8 (51:47):
Like, THAT yeah i don't. THINK so i think it's
the same sort of level you, you know if you
have to show a, marriage certificate then so. BE it
i mean when YOU when I when i got my
new drop my new driver's license, to fly what are
those called The.

Speaker 2 (51:59):
Real yeah THE.

Speaker 8 (52:00):
REAL id I mean i had to, GET up i
had to get my, birth CERTIFICATE and i had to
go through some rigmarole a. Little, BIT again i keep
going back to the. Same principle here is a little
bit of inconvenience on your part, Worth it and of
course it. IS right, i mean This. Is america we
should be we should be honored to show up and
vote every, you know. Every election we should exercise our
right to vote gladly. And WELCOMINGLY and i don't think

(52:22):
it's too much to ask to just say you to
establish you are who you are and that you're. A
citizen is that really? Too Much everything america? Gives you
is it too much to ask that you give a little.
Bit back.

Speaker 1 (52:33):
MIKE O'Neal i appreciate you joining us again On the Florida,
round Table and i'll look forward to having you back
another time because it's, always informative always, fast based and
we will keep an eye on what's going on With
The Save, america ACT and i know there are. Other
issues you've Got Some supreme court things that are coming
up that you guys do a great job of keeping an,
Eye on so we'll look forward to catching up on

(52:54):
those next time we have you back On The Florida.

Speaker 2 (52:56):
Round table take Care, of bell, all right you do.
The same that's going to do it for.

Speaker 1 (53:00):
This weekend we will join you next week here On
The Florida news network with issues important in and around
the State, of florida and we'll look forward to that
next time On The florida roundtable From The Florida.

Speaker 2 (53:13):
News network enjoy the rest of. Your weekend.

Speaker 20 (53:21):
You've been listening To The florida Roundtable With bill mey
on news and public affairs presentation Of The Florida. News
network the views and opinions expressed during this programmer those
of the participants and do not necessarily reflect the views of, this, station,
management owners. Or sponsors for questions, or Concerns Contact florida

(53:42):
roundtable at fnnonline.

Speaker 2 (53:44):
Dot net