I'm heading to a relatives funeral after I vote. It's about 8 hrs away, one way. So, I am seriously thinking there will be another new Q post when I get back. Fingers crossed.
PING - NEW Q DROP
On Qalerts.app:
On Free Republic:
https://freerepublic.com/focus/f-chat/4105501/posts?page=1780#1780
Democrats say Count it over and over for as long as it takes to get the vote we like!
The author argues that it applies to extended counts as well.
https://newswithviews.com/federal-elections-end-at-midnight-on-election-day/
Foster v Love, 522 U.S. 67, 71-72 is a 9-0 decision back in 1997 by the U.S. Supreme Court. They agreed to take up the issue of federal statutes vs state’s regarding election for federal offices and state election dates. The case that started it: MURPHY J. FOSTER, Jr., GOVERNOR OF LOUISIANA, et al., PETITIONERS v. G. SCOTT LOVE, PAUL S. BERGERON, KATHLEEN B. BALHOFF, and BENNIE BAKER-BOURGEOIS.
It’s rare SCOTUS has a 9-0 decision and this one surprised me considering the late Ruth Bader Ginsberg was on the bench back then. You can read the transcript of the oral arguments in Foster v Love here.
Quoting Ginsberg: “It is an election, and it seems to me, being an election it conflicts with the Federal single Election Day.” It’s unfortunate this was not the key argument in Trump’s lawsuits although several of us tried to get him this information.
Constitutional attorney, Ren Jander’s November 18, 2020 piece, Elections Undecided by Midnight are Void & Preempted by Federal Law – Foster v Love (1997; 9-0 Decision) is a thorough examination of that case and federal statutes. Jander wrote, “Federal Election Day statutes were designed to curtail fraud, and to infuse a prima facie sense of integrity in our electoral process. But these States – in failing to obey Congressional deadlines – have flagrantly attempted to preempt federal law. This is certainly prohibited, and this is why the late election results are void.”
After a comprehensive analysis of the Constitution, federal and state statutes, Jander further writes: “Consider all of the above in light of the results of the 2020 presidential elections; in Pennsylvania today, two weeks after Election Day, 8000 votes suddenly appeared, and the initial count is still not complete; Arizona has tens of thousands of ballots left to count in the initial canvass; Georgia discovered over 2600 missing votes yesterday, and the entire State is conducting a recount; Wisconsin just announced the details and costs of a forthcoming recount; Michigan is buried in litigation supported by many sworn affidavits alleging irregularities. None of these states consummated their elections on November 3rd. The elections have failed, as a matter of law. The results should be voided. “Reading Foster v. Love, together with the 9th Circuit’s analysis in Voting Integrity Project v. Keisling, we know that consummating an election before federal Election Day is prohibited, and that early voting is not prohibited, as long as the election is finally consummated on Election Day. If that be the case, then statutory construction makes it obvious that elections consummated after Election Day are preempted by the federal Election Day statutes.
“Any other construction would render the statutes inoperable. If “the election” – which is defined in Foster v. Love – as the combined acts of voters and officials – begins before Election --------------------------------------------------- https://www.leagle.com/decision/1997589522us671584 Justice Souter delivered the opinion of the Court.* "Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year "is established" as the date for federal congressional elections. Louisiana's "open primary" statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on [522 U.S. 69] federal election day. The issue before us is whether such an ostensible election runs afoul of the federal statute. We hold that it does."
I'm heading to a relatives funeral after I vote. It's about 8 hrs away, one way. So, I am seriously thinking there will be another new Q post when I get back. Fingers crossed.