Posted on 12/11/2020 12:55:02 PM PST by rxsid
SCOTUS 9-0: Election Day Is One Single Day. Listen to oral argument from Foster v. Love (1997):
If the state Legislatures would just sit down for an hour and listen to the oral argument in Foster v. Love, they would have such an easy time understanding their plenary authority was triggered at midnight after Nov. 3rd. (You may listen to the audio here.). Let’s examine some of the transcript:
Justice Ruth Bader Ginsburg:“It is an election, and it seems to me, being an election it conflicts with the Federal single Election Day.”
You can’t canvass for days/weeks on end. As Justice Ginsburg said, it’s “the Federal single Election Day.” And the unanimous opinion in this case was consistent with the oral argument, holding that “the election” must be consummated on “the day”.
Justice Souter then had this heated (listen to it) exchange with the Louisiana Attorney General, who was knocked out cold at oral argument, and then lost in a 9-0 decision. That’s going to be the outcome now as well if the state Legislatures would stop being bullied by their governors, secretaries, and attorneys general, and start fighting to end the usurpation of their elector choosing plenary authority. Check it out:
AG Richard I. Ieyoub
—Louisiana could do that, Your Honor, but what we’re saying here is that Louisiana’s open primary scheme in no way really clashes or conflicts with the Federal Election Day statute.Justice David H. Souter
Well, it does conflict, because it has an election on a day other than the day specified by the Federal statute.That’s why we’re here.
Isn’t that a clear conflict?
AG Richard I. Ieyoub
No, Your Honor, because I believe that you can’t necessarily give a literal interpretation in this particular–Justice David H. Souter
Why not?AG Richard I. Ieyoub
—Well—Justice David H. Souter
The statute’s clear.AG Richard I. Ieyoub
—simply because I think that it might… it would lead to unreasonable–Justice David H. Souter
What’s unreasonable about it?Congress has decided that it wants the election to occur uniformly on a given day in November throughout the United States.
Sometimes, oral argument is not a good predictor of outcome, but looking back on this one, or rather, listening back – you really must hear this for yourselves – it was a very bad day for the Louisiana Attorney General.
State Representatives and Senators should be adopting Foster v. Love, 522 U.S. 67 (1997), in their statements to the public, and they should join this action now before the Supreme Court. The law is with you.
To be clear, 11:59 PM (or 23:59).
Does etcm’s post #31 change anything?
Does the Foster vs Love decision have any bearing on ballots trucked in at 0-dark-hundred, and related shenanigans?
Almost no states finish counting by midnight on election night. The TV networks make calls, and mostly the winner is clear. But every single state continues to count votes beyond midnight on election day, and most states continue to count votes for days or even weeks after election day. As long as a vote was legally CAST on or before election day, it doesn’t matter if it takes until after midnight to count it. The only vote count that matters is the one certified by the state, not the count at 2359 on election day.
As far as ballots that are spoiled, late, missing postmarks, mismatched signatures, or any other fraudulently or illegally cast ballots, those should clearly be rejected. But that has nothing to do with Foster V Love.
SCOTUS 9-0: Election Day Is One Single Day. Listen to oral argument from Foster v. Love (1997)
And further explanation in post #16.
No the case basically said you could start it whenever you wanted but counting and results had to be determined by midnight of Election Day.
Counting votes is different than Voting. An Election is the voting process. That must occur on 1st Tuesday of November per constitution. Therefor all late ballots are null and void because the votes did not arrive by specified Tuesday.
Just hearing the SC has thrown out the Texas case - lack of standing.
That’s correct, and that’s exactly what this case (& the 9th Circuit case) stated.
Close. Some states require the ballot must arrive on or before election day. But many states allow for counting absentee ballots received AFTER election day, so long as they are postmarked by election day. In those states, the vote is effectively cast when the ballot is mailed.
It is the last minute changes, changing the deadlines and allowing ballots to be counted that were not legal under state law that is the problem. Those votes are not legal under state law, but authorized by decree of judges and governors who exceeded their authority. In some cases, it is no longer possible to differentiate between a legitimate ballot vs an illegitimate/late/spoiled ballot, as the envelopes have been discarded. This reduces the options for relief/remedy.
It’s a moot discussion. They’ve ruled against, 7-2. They gambled that we will be the more reasonable ones.
That contradicts the constitution. Because what you are saying is that states are allowed to accept ballots a year later because post office had lost them for a year inside the post office complex but the stamp said the envelope was mailed on or before Tuesday in November.
Greg Kelly on Newsmax keeps repeating this is not over, and he sites the suitess in PA, GA etc as still active.
Greg Kelly on Newsmax keeps repeating this is not over, and he sites the suitess in PA, GA etc as still active.
It’s over people. The country will soon be in the hands of the most corrupt administration we have ever seen.
The Democrat Organization of Criminality, that would be all the democrooks that have conspired to steal the election and the cowards that have thrown the Constitution away.
Tie up the electors maybe? We'll see.
You are attributing words to me that I did not post or imply. As I stated above, the only count that matters is the count certified by the state under the laws of their election. This whole "counting stops at 2359 on election day" is incorrect, and no serious person is advancing that legal opinion. SCOTUS is not going to go tell 1 state, let alone all 50 states to void their certification and re-certify based on the count at 2359.
What I meant was states can NOT allow late ballots received after 1st Tuesday in November. States do not have that autonomy. Counting is ok past Tuesday.
TRUMP will PREVAIL... One Way or Another!
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