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Elections Undecided by Midnight are Void & Preempted by Federal Law– Foster v Love (1997; 9-0 Decision)
TG ^ | 12/8/2020 | Evan

Posted on 12/08/2020 5:44:51 PM PST by wrrock

“When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.” Foster v. Love, 522 U.S. 67, 71-72 (1997).

*THE DAY* – THIS IS VITAL

The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on *the day*. States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute, subjecting the nation at large to the very evils Congressionally mandated deadlines were drafted to prevent.

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.

(Excerpt) Read more at toptradeguru.com ...


TOPICS: Politics
KEYWORDS: elections; scotus; supremecourt; trump
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The President’s team has not made this argument yet. They have not plead it. But the Supreme handed this argument a 9-0 Decision.
1 posted on 12/08/2020 5:44:51 PM PST by wrrock
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To: wrrock

California is probably still counting. It makes you wonder why FL and OH, to name a couple, can count their votes on election day and other states take a week or more.


2 posted on 12/08/2020 5:54:14 PM PST by Gahanna Bob
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To: wrrock

bookmark


3 posted on 12/08/2020 5:54:48 PM PST by dadfly
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To: wrrock

Great find. Here’s another item on this:

https://www.allkpop.com/forum/threads/elections-undecided-by-midnight-are-void-preempted-by-federal-law-foster-v-love-97-9-0-decision.520190/

It’s unfortunate that this is posted under “Bloggers” where many FReepers won’t see it. MORE NEED TO SEE THIS!


4 posted on 12/08/2020 6:01:50 PM PST by House Atreides
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To: wrrock

9-0 is a most severe ruling

One cant argue it doesnt apply or its a weak ruling

Plus its very recent as well, very recent, legally speaking

A couple justices on the court who were part of this 9-0 ruling are still there

So the out of context argument wont fly


5 posted on 12/08/2020 6:06:19 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: wrrock

That’s why the Texas case had to get in today. Part of that suit is about the deadlines. The timing was last-second, seemingly on purpose. (Were the earlier cases weak on purpose as well?)


6 posted on 12/08/2020 6:10:04 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: wrrock

later


7 posted on 12/08/2020 6:18:12 PM PST by Gay State Conservative (BLM Stands For "Bidens Loot Millions"!)
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To: wrrock

The virus will be the excuse used. Trump was way ahead at midnight. So it won’t happen. Would be great. And if you remember Trump even said that. You always knew the results in election night.


8 posted on 12/08/2020 6:18:40 PM PST by glimmerman70
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To: House Atreides

But...
The remedy is for the state Legislature to apply.
If counting went past midnight of election day, they won’t throw out those votes.
And no court will, or can, make them do so.
This ruling doesn’t require that.

so, still, it has to be proven to have been a corrupt election before state legislative or congressional members will step in.


9 posted on 12/08/2020 6:18:58 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: wrrock

The Foster vs Love is reference in the suit filed on

Docketed: October 26, 2020
Docket No. 20-542

Title: Republican Party of Pennsylvania, Petitioner
v.
Kathy Boockvar, Secretary of Pennsylvania, et al.

Foster v. Love, 522 U.S. 67 (1997)....................................................26

https://www.supremecourt.gov/DocketPDF/20/20-542/162063/20201130140620945_RPP%20Opp%20Cert%20v.FINAL.pdf

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-542.html


I don’t see in the Pa. suit referencing Foster vs Love that argues the same reasoning/conclusion below... pursuant to the majority opinion of the case:

Elections Undecided by Midnight are Void & Preempted by Federal Law– Foster v Love (1997; 9-0 Decision)


10 posted on 12/08/2020 6:28:59 PM PST by Bellagio
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To: Gahanna Bob
Because the other states are still finding ballots in trucks of cars, in suitcases under the counting tables and in boxes brought in by vans.

All that cheating takes time.

11 posted on 12/08/2020 6:33:36 PM PST by HotHunt
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To: Gahanna Bob
Because the other states are still finding ballots in trucks of cars, in suitcases under the counting tables and in boxes brought in by vans.

All that cheating takes time.

12 posted on 12/08/2020 6:34:54 PM PST by HotHunt
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To: wrrock

Seems to me someone with relationships with Trump’s legal team needs to get this to them ASAP.

If true, looks like Trump’s last minute Check Mate to kill the fraud.


13 posted on 12/08/2020 6:42:44 PM PST by Arlis
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To: wrrock

No way! An election might take 2 days, 2 weeks, 2 months to get right! It’s not fair to stop us from cheating!


14 posted on 12/08/2020 6:44:14 PM PST by Professional ( )
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To: glimmerman70
The virus will be the excuse used.

The US Constitution makes no exceptional provisions for health emergencies when it comes to elections. If you want exceptions, pass an Amendment.

Trump was way ahead at midnight. So it won’t happen.

You're wrong. Trump is still way ahead with legally cast votes.

He has won and will be inaugurated.

To say otherwise means you have bought the lie.

FReegards!

1st-Annual-Freeper-Convention-1million-vet-march

15 posted on 12/08/2020 6:55:41 PM PST by Agamemnon (Darwinism is the glue that holds liberalism together)
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To: HotHunt

Making the votes to back up the virtual votes takes time


16 posted on 12/08/2020 6:56:14 PM PST by SPDSHDW (Either its shooting time, or we take the long hard path, and force the GOP to Whig out. )
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To: Arlis

“Seems to me someone with relationships with Trump’s legal team needs to get this to them ASAP.”

You canreference this. Page 26.

https://www.supremecourt.gov/DocketPDF/20/20-542/162063/20201130140620945_RPP%20Opp%20Cert%20v.FINAL.pdf


17 posted on 12/08/2020 6:57:29 PM PST by TexasGator (Z1z)
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To: Agamemnon

Love the post. And your right but what are they going to rule. Whatever the total was at midnight is the final count. Or throw those states electoral votes out. When they stopped at 2am they should have been done. Everything after that was mail ins.


18 posted on 12/08/2020 7:01:15 PM PST by glimmerman70
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To: TexasGator

Wow. Are we fools?

So much flying around.....what to believe?

Thank you.


19 posted on 12/08/2020 7:25:16 PM PST by Arlis
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To: wrrock

This should also effect all Federal down ballot elections.

House

Senate


20 posted on 12/08/2020 8:29:10 PM PST by fella ("As it was before Noah so shall it be again,")
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