Evening star., 1943-12-26
Amendment Proposed
To Allow Congress
Soldier Vote Control
by ]. A. OLEARY.

gress definite power to arrange
for soldier voting by Senator
OMahoney. Democrat, Of Wyom-
ing as solution Of an issue that
has aroused sharp disssention on
Capitol Hill.
Pointing out that the prohibition
amendment to the Constitution was
repealed in one year, Senator
OMahoney predicted the Congress
and the people could act In a much
shorter time to protect the voting
rights Of the armed forces. This
approach to the problem would rec
ogniZe the States-right argument
that Federal balloting machinery
such as the Senate rejected re-
Gently, would have been unconsti-
tutional.
Senate passage Of the Eastland-
McKellar-McClellan substitute, call
ing on the States to pass absentee
ballot laws for their servicemen
touched off discord in that body
and the problem is still confronting
House leaders after the recess.
Speed Is Urged.
II believe that q constitutional
amendment should be introduced on
the first day Of the new session. y
said Senator OMahoney, giving
Congress the power by law to pro-
vide for the participation of soldiers
In the coming election and for the
counting in every State of the bal
lots which they shall cast under
such law"
The Senator expressed confidence
that II the House and Senate would
pass early In January the necessary
resolution submitting such an
amendment, special sessions Of the
Legislatures can and will be held
before the end of that month to
ratify the amendment"
There is on the statute books now
a law. passed by Congress in 1912
authorizing the War and Navy De-
partments to distribute to all SER
vicemen post cards to be used in
writing home for regular State
absentee ballots, but supporters OF
the new Federal ballot proposal
contend that method Is cumber-
some and ineffective In getting
ballots to and from soldiers scat
tered all over the world. The 1912
act set aside registration and poll
tax requirements for servicemen
during the war.
The Green-Lucas bill, which the
Senate rejected, proposed a simpli-
fed Federal ballot, on which SER
vicemen could vote for President,
Senators and Representatives, either
by name or party designation. A
serviceman would have retained the
right, If he preferred, to send home
for a regular State ballot covering
all local as we'll as national candi-
dates. 1t would have set up Fed
eral War Ballot Commission to
supervise the distribution of ballots
and their return to the States.
Changes in Bill Studied.
Since the Senate acted, those who
believe it will not be practical to
give all servicemen chance to vote
without a simplified Federal ballot
have been considering the possibility
of revising the defeated Green-Lu-
cas- measure to give the States more
definite power to pass on the validity
of the ballots. except to retain the
exemption from registration and
poll tax.
In offering his solution OF the
last night, Senator O'Ma-
honey said:
Few people will doubt that, when
the Congress of the United States
in pursuance of its constitutional
power to raise and maintain armies
takes the young men out of the
Nation from their homes and their
business and places a gun in their
hands to defend the national exis-
tence, 1t can also protect them from
the loss Of their privilege to par
ticipate in Federal elections, just as
1t has endeavored to protect them
against the permanent loss Of their
jobs.
1T must be recognized, however,
that In the United States all public
officials both State and Federal,
have no power or authority except
as granted by law, and that the
constitutions of the several States
are superior to all State statutes,
while the Constitution of the United
States is, by its own terms, the su-
preme law Of the land.
Elections Safeguarded.
"All Of the States of the Union
have laws designed to safeguard the
integrity Of all elections and some
Of them provide by their constitu-
tions that only those ballots pre-
pared and distributed according to
State law may be counted, and only
those persons may vote who COM
ply with prescribed rules and
regulations. We can not close our
eyes to the fact that State officers
are governed by these laws and
these constitutions and can not be
released from their obligation to
observe their provisions except by
a superior law. An amendment to
the Constitution of the United States
would be such superior law.
II believe that the people of the
United States and the Congress
should recognize this constitutional
situation, and instead of hurting
heated epithets at one another
should undertake Immediately to
abolish all constitutional obstacles
that may be deemed to stand be-
tween the soldiers of this country
and their right to vote in the next
election"
Prohibition repeal took exactly
1853 days after the resolution was
introduced December 2, 1892, he re-
called. 1t passed the Senate Feb
ruary 16, 1888, and the House four
days later. In less than 10 months
the required number OF States rati-
fed It.
Senator OMahoney said he feels
that every man and woman in the
armed forces has paid the equiva-
lent Of poll tax and has registered
In = SUFFICIENT manner to enable
them to VOTE"
Hillman Joins ProponentA
Further support for 4 Federal