For more than two centuries, the U.S. Constitution has left the administration of elections to the states. This principle of federalism is not an accident, nor is it an afterthought — it is central to the balance of powers our founders designed. Yet today, proposals in Washington seek to wrest control of election administration away from the states, including efforts to restrict time-tested practices like voting by mail. That would be a mistake.
Conservatives have long defended the right of states to set their own election rules. The Constitution’s Elections Clause gives states the authority to determine the “Times, Places and Manner” of elections. The 10th Amendment is equally clear: Powers not delegated to the federal government are reserved to the states and the people.
Former Arizona Gov. Jan Brewer speaks to supporters of republican Arizona Gubernatorial candidate Karrin Taylor Robson at a campaign party, Tuesday, Aug. 2, 2022, in Phoenix. (AP Photo/Matt York)
Our federal system was intentionally designed to prevent the overreach of centralized power. Federal meddling with how states conduct their elections violates this principle and undermines the trust voters place in their local officials.
Mail voting, in particular, has a long and proud history in America. Our men and women in uniform have cast their ballots by mail for generations, even from the front lines of war. During the Civil War, both Union and Confederate soldiers voted absentee. In every conflict since, from World War II to Afghanistan, mail ballots have allowed Americans to serve their country without sacrificing their voice in our democracy. No one has ever questioned the patriotism, or the legitimacy, of those votes.
To be clear, as conservatives, former governors, and state chairs of the election integrity nonprofit RightCount, we support continued state reforms that build trust in election outcomes, including efforts to provide faster, more secure election returns. These efforts include voter identification requirements, signature verification and voter list maintenance. Ballot harvesting by third-party organizations is illegal, and mail ballots are required to be received by election officials by Election Day to be counted. Ballot-tracking tools also now allow voters to see in real time when their ballot was mailed, when it was received, and when it was tallied. That’s accountability that voters can see for themselves.
Equally important are the post-election audits that many states have implemented. These audits allow election administrators to ensure that only legally cast ballots are counted and that the reported results reflect the will of the people. By increasing transparency, states have reduced opportunities for doubt and strengthened trust across the political spectrum.
In this photo taken Monday, May 9, 2016, Gov. Pat McCrory makes remarks regarding House Bill 2 during a news conference in Raleigh, N.C.
Critics sometimes claim that mail voting benefits one party over another. The facts from 2024 tell a different story. Republicans have succeeded time and again under systems that include vote-by-mail options. Republicans won critical U.S. Senate contests last year, defeating entrenched incumbents in Ohio and Pennsylvania with vigorous GOP participation in mail-in and early voting. In Arizona, Republicans have built extensive ground operations that take advantage of early voting by mail, and those investments have paid off in competitive elections. In North Carolina, in the aftermath of devastating storms, similar innovations and the dedicated work of the U.S. Postal Service allowed all candidates to compete effectively while giving voters more flexibility in how they participate. Simply put: When mail voting is secure, Republicans win because our ideas win.
That’s why attempts by Washington to clamp down on state-run mail ballot systems make little sense. Far from solving problems, they would disrupt proven systems that voters trust. Federal one-size-fits-all rules would strip states of their ability to innovate, respond to local needs, and adapt to changing circumstances. It would also rob voters of the confidence that comes from knowing that their neighbors, not bureaucrats in Washington, are the ones safeguarding their elections.
The genius of our Constitution is that it disperses power, ensuring that no one branch or level of government holds too much authority. When it comes to elections, the states are the laboratories of policymaking. They have demonstrated that secure and transparent mail voting is not only possible, but effective. Washington should be looking to the states for guidance, not attempting to override them.
The surest way to strengthen our election process is to respect the Constitution, trust the states, and keep election administration where it belongs: in the hands of the people closest to the voters.
Jan Brewer served as governor of Arizona from 2009 to 2015. Pat McCrory served as governor of North Carolina from 2013 to 2017. This article was originally published by RealClearPolitics and made available via RealClearWire.
https://www.sun-sentinel.com/2025/08/26/on-mail-in-voting-trust-states-to-decide-opinion/
