If you’re going to argue that Congress has the right to limit the Court’s jurisdiction on this basis:
III.2.3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
That strikes me as a pretty weak reed. III.2.1 lays out the Court’s jurisdiction directly:
III.2.1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
It seems to me that establishment of a uniform federal election law would be a “Controversy to which the United States” is a Party. It falls under the jurisdiction of the Federal Courts as a result.
As to what makes me think that the Constitution reserves much election law to the states:
- The Tenth Amendment reserves all powers not granted to the Federal Government to the States and the people.
- Article I, Section 2 provides that
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. (Emphasis added)
The Constitution explicitly allows the states to determine the qualifications of voters. Every time this has changed in the past it has required an amendment. (Fourteenth Amendment, Section 2 and Nineteenth Amendment in its entirety.) The Voting Rights Acts are specifically authorized by Section 5 of the Fourteenth Amendment.
I’m in sympathy with your goals, but I don’t think it’s as easy to accomplish as passing a new statute. If I were to argue for such a statute, I’d argue on Fourteenth Amendment grounds.