13NFL1-Compulsory Voting Page 49 of 163 www.victorybriefs.com CONGRESS COULD EMULATE THE SELECTIVE SER VICE SYSTEM’S APPROACH BY TYING VOTING TO THE RECEIPT OF GOVERNMENT BENEFITS. HLR – 2007. The Case for Compulsory Voting in the United States Harvard Law Review, Vol. 121, No. 2 (Dec, 2007), pp. 591-612. One approach to enforcement of compulsory voting would be to emulate the Selective Service Systems (SSS) approach. Under federal law, it is a crime for almost any male citizen or alien between the ages of eighteen and twenty-six not to register with the SSS. n Although the SSS does refer a list of suspected violators to the Department of [*611] Justice for potential prosecution, n such prosecutions are rare. n Instead of using criminal law to enforce registration laws, the SSS has achieved an impressive compliance rate of 93% by tying important government benefits - such as driver's licenses, eligibility for student financial aid, job training, government employment, and citizenship for immigrants - to registration. n Compulsory voting laws similarly could achieve high rates of compliance by tying these and other government benefits to voting, thereby avoiding costly criminal prosecutions. Other countries have been able to successfully enforce compulsory voting laws by tying the act of voting to valuable government benefits, along the lines of the SSS. Brazil issues a document called a titulo eleitoral to voters, who must present the document in order to interact with state agencies or even to get a job. n Peru also requires individuals to carry proof of having voted in order to obtain certain government benefits. n Both have achieved relatively high levels of voter turnout, n although it is unclear how much of this turnout is due to compulsory voting. The successes of these countries, along with the SSS's track record of compliance, illustrates that this approach can be effective at achieving high compliance without the high costs of criminal law enforcement.
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