Protecting the vote and the public's ability to ordain and establish a representative government details the guarantee of a republican form of government to every state. To ordain and establish a constitutional democracy, vesting powers in a representative government, is a continuing process.

When comparing solutions, please note that titles aren’t text and don’t necessarily reflect what the text says. Calling a law “The Fair Elections Act” doesn’t mean it includes that requirement – in fact, it can’t. Only an amendment can because those are Constitutional requirements based on Enlightenment political philosophy, like “the freedom of speech, and of the press” in Amendment I (see Statute vs Constitutional Amendment). This amendment is the only proposed solution as of 2016 that requires “fairly contested and impartially conducted elections” in those words. They should have been included in 1787 and we’ve had some interesting elections without them.

​​​The Fair Elections Clause                                                  

The Preamble (proposed for restoration): "We the People of the United States, in Order to [...]

establish Justice [...] do ordain and establish this Constitution [...]"  

Article IV, Section 4: "The United States shall guarantee to every State in this Union a Republican Form of Government, [...]"

Amendment XXVIII, (proposed), Section 2: "The United States will guarantee to every State

fairly contested and impartially conducted elections, monitored and audited,"

This clause adds teeth to the Guarantee clause in Article IV, Section 4. Requiring the United States to maintain fairly contested elections is specific enough to enforce in court. 

Seats must be competitively contested to give voters options different enough to matter. Independent candidates will be guarded against being disadvantaged by the system. Legislation will prohibit unopposed candidacies, which directly violate a republican form of government.

This clause provides a defined purpose for management and regulation.

The inalienable right to ordain the Constitution to establish justice requires the United States government to keep elections fair.