Posted on 10/30/2020 2:32:35 PM PDT by rxsid
8th Circuit Overrules Minnesota Supreme Court State must reject all absentee ballots received after 8 pm on Election Day
BREAKING: The 8th Circuit appeals court is forcing Minnesota to reject all absentee ballots received after 8 pm on Election Day.— Kambree (@KamVTV) October 29, 2020
The US Circuit #CourtofAppeals for the #EighthCircuit has ruled that mailed-in ballots in #Minnesota must be received by elections officials no later than #ElectionDay. It's the latest last-minute judicial #ballot ruling impacting a #battleground state pic.twitter.com/AKmK6KJ99F— Tina Kim (@TinaKimCNN) October 30, 2020
Good to know!
Good to know!
We shall see.
How can they change the rules once an emergency room has begun???
I always wonder about that. Who enforces these rulings at the state level?”
If it is a rat controlled state no one.
Praise God!!! Now, *if* it gets appealed there is no excuse for Barrett to recuse herself.
U.S. Circuit Judges Bobby Shepherd, a George W. Bush appointee, and L. Steven Grasz, a Donald Trump appointee, wrote that Minnesota Secretary of State Steve Simon overstepped his bounds with the rule change.
The Secretarys instructions to count mail-in ballots received up to seven days after Election Day stand in direct contradiction to Minnesota election law governing presidential elections, the ruling said."
From the CFP article:
"Per the ruling, the Constitution vests authority over election processes exclusively with a states legislature, which means a Governor or other state executive cannot unilaterally change the rules. Instead of being able to count ballots received up to seven days after the election, the decision orders Minnesota to segregate ballots received after 8 pm on Nov 3rd and hold them, separate and uncounted, pending a final legal decision as to whether they can be legally counted.
Special note: From a legal angle, one very significant development is the Courts clear and explicit language specifying that ONLY state legislatures are Constitutionally vested with authority over elections. This kind of legal reasoning is likely to resonate with conservative SCOTUS justices and may very well be applied to cases involving other states."
>>>Assuming ACB recuses again<<<
Where did you get this from?
Good one!
If you have not voted by mail at this point, you need to vote in person. This isn’t rocket science. The dems are just trying their best to create opportunities to cheat if it looks like they are losing on Tuesday. With a smaller college vote, they need some help.
It won’t mater is she does or does not. Roberts is controlled by the dark side. And Kavanaugh turned out to be a wolf in sheep’s clothing. So even if ACB turns out to be true then the USSC still does not believe the constitution is the law of the land. And they have no intention of protecting voting integrity.
For the NC case, how are their election laws written? Do they already allow for such an extension? Do their laws forbid the state Executive branch, like MN does, from changing the election laws without the legislature?
If the SCOTUS overturns this one, they will effectively be stating that the MN Secretary of State, on their own accord and without the state legislature, can change their state's elections laws whenever they choose.
Because the States can make laws about their voting procedures
That’s correct, and what the ruling stated. The Executive branch (Secretary of State) can NOT change or modify their state election laws. Only their state legislature can do that.
No, it seems that SCOTUS is looking primarily at whether the decision changes existing election law, if the changes are occurring too close to an election, and if the change was implemented by the legislature or the court (state or federal). Pretty much all of the conservatives on the court have indicated that any changes that affect a federal race, particularly the presidential race, MUST come from the state legislature and not from a court, and even in the case of the legislature, if the change is too close to the election, that change may be delayed until the next election.
I dont see how different states can allow votes to be counted under rules given the equal protection clause .
California’s voting rules have kept Republicans off of the ballot for U.S. Senate the last two elections.
That was a 4-4 decision and Barrett had recused herself from a case mid-stream. Here there’s less excuse.
Yes and no - they declined to issue an injunction, but the case is still to be heard, and I believe SCOTUS is waiting for the GOP to request for an order requiring the ballots arriving after the legislative deadline to be kept separate and not counted until the case is decided.
Not a chance the SC will overrule and allow late ballots, ESPECIALLY now that ACB is sitting. She said there’s no reason to recuse.....although Ds baseless speculation that she’s made a deal the DjT.
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