EAC Commissioner McCormick, Speaking on ALEC Panel with Von Spakovsky and Adams, Makes Frivolous First Amendment Argument Against Automatic Voter Registration

Sam Levine:

McCormick focused on automatic voter registration, a process adopted by 10 states so far in which eligible people are automatically added to the voter rolls when they interact with a motor vehicle agency or some other state agencies. Once people fill out the forms, they are given the choice of opting out.

Oregon was the first state to adopt the process in 2015; eight states and the District of Columbia have followed since. But McCormick said lawmakers might be too hasty in latching on to the idea without seeing how it plays out in practice. She also suggested that even with the opt-out option, automatically registering people to vote could violate their speech protections under the U.S. Constitution.

“I do think there is a fundamental question: Does automatic voter registration violate the Constitution? Congress, or government, should not be making any law abridging the freedom of speech,” she said. “The First Amendment includes the right not to speak as well as the right to speak.”

Wow, that’s weak. McCormick has been a huge disappointment on the EAC.


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