Posted on 12/09/2016 7:22:15 AM PST by TangoLimaSierra
http://www.redflagnews.com/headlines-2016/breaking-lawmakers-hit-stein-with-horrible-news-move-to-confiscate-recount-warchest
http://worldpoliticus.com/2016/12/08/breaking-legislators-hit-stein-terrible-news-move-confiscate-recount-warchest/
According to liberals, fake news.
“A fool and her money are soon parted”
Crazy Town: Jill Stein Thinks People With Floppy Disks Could Have Corrupted Voting Machines
Wanna fight a fair and free election won by the American voters? It’ll cost you!
It’s the Russians.
I saw a write-up on MI’s new law yesterday, so that part of this report is valid. The video says the law wants to be retroactive to last January 2016, and anyone not within 5% of winning a recount must pay the entire recount cost if they still lose the recount. I did not see that part in the article I skimmed yesterday about the new MI law.
Since Stein is at only 1% total, 94% away from being within 5% of a victory, that puts her in jeopardy of having to repay the entire recount cost, and that is how they ‘confiscate’ her war chest.
I wonder, though, if a retroactive law is itself legal. Is that the same as ‘ex post facto’?
Hmm, I don’t see this as allowing Michigan to take any more of Stein’s money. The legislature just passed the law changing the recount cost equation. How does that affect her if she has already filed for a recount?
Russians with floppy disks!
I mean the $12 million cost quote I’ve seen would have been plenty of money to clean up the water in Flint.
Liberal compassion is about spending money on things that ultimately don’t matter.
I seem to recall Clinton got away with it.
I believe the constitutional prohibition against ex post facto laws relates to criminal charges, not civil statutes. Governments pass retroactive tax increases all the time.
Let her keep her money and let Someone else settle up with her on His own timetable.
Keep an eye on the electoral college and other known smartasses until January 21st.
With zero acquaintance with the law, I am nevertheless surprised that Stein was not asked to come up with some sort of surety bond in order to get her recount. It’s not every day that some dirtbagette can ask a state for $5 or so million in throwaway nonsense. She would have lost the election had she achieved ten times her vote count so I hardly see how she had standing in the first place. But I do not know the text of the law (nor do I really care)
Yep, never trust a liberal or the establishment...but I repeat myself.
Yep. But it should also be noted that federal tax law changes are regularly ex post facto laws and no one has successfully challenged them on that basis.
Only in criminal cases is an ex post facto law unconstitutional.
You cannot be punished for something that was legal before the law was changed and that cannot be made retroactive.
Does not apply to civil matters.
A good lawyer will always answer "that depends."
The Lautenberg amendment, which stripped RKBA from persons convicted of demestic violence, was held to apply retroactively, no sweat.
Taxes and fees are routinely applied and changed "after the transaction" that leads to the tax or fee.
The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:"1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender."
Obviously, this rule is not always applied. See Lautenberg amendment.
All that said, I don't think the courts would allow Michigan to upcharge Stein. Prohibition on ex post facto is a good reason.
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