Posted on 11/03/2022 9:37:29 AM PDT by Lockbox
“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 (1997)
We will take a closer at this binding precedent below, but in preview, please understand that it emanates from a 9-0 decision of the United States Supreme Court, wherein the entire Court joined, not just the outcome, but also the opinion on this very point.
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. This is certainly prohibited, and this is why the late election results are void.
Citizens may file actions in the Federal District Courts and appeal all the way to the Supreme Court. Get this information to your State Representatives and Senators. Forward it to the White House if you know anyone with connections. Blog it. Video it. Podcast it. Share it in comments, please. The President’s team has not made this argument yet. They have not plead it. And they must get up to speed.
(Excerpt) Read more at thepostemail.com ...
Basically counted by Mid-Night or Election is VOID! WHAT ABOUT BUSH V. GORE? That election wasn’t void because nobody asked the court to void it.
Read the ruling, the Editorial, the Blog and decide for yourself.
Foster v. Love, 522 U.S. 67 (1997)
https://supreme.justia.com/cases/federal/us/522/67/
Also read - Foster v Love (1997) By Charles Taylor
https://blog.alor.org/foster-v-love-1997-by-charles-taylor https://supreme.justia.com/cases/federal/us/522/67/
Trump was ahead - BY A LOT
Until 4AM when the 4 states that stopped counting found 4Million more votes for Biden.
Yep, and they will try again for control of Congress.
Love Don’t Come Easy
Diana Ross
I need love, love to ease my mind
I need to find, find someone to call mine
But Momma said
Can’t hurry love
No, You’ll just have to wait
She said love don’t come easy
It’s a game of give and take
Can’t hurry love
No you’ll just have to wait
You gotta just give it time
No matter how long it takes
But how many heartaches must I stand
Before I find a love
To let me live again
Right now the only thing
That keeps me hanging on
When I feel my strength
Yeah it’s almost gone
I remember Momma said
Can’t hurry love
You’ll just have to wait
She said love don’t come easy
It’s a game of give and take
How long must I wait
How much more can I take
Before loneliness
Will cause my heart, to break
No, I can’t bear
To live my life alone
I’m growing impatient for a love to call my own
But when I feel that I
I can’t go on
These precious words keep me hanging on
I remember Momma said
Can’t hurry love
You’ll just have to wait
She said love don’t come easy
It’s a game of give and take
Can’t hurry love
No you’ll just have to wait
She said just give it time
No matter how long it takes
Gotta Wait....
No love love don’t come easy, but I keep on waiting
Anticipating
For that soft voice
To talk to me at night
For some tender arms
To hold me tight
I’ll keep waiting
Keep on waiting
But it aint easy
It aint easy
When Momma said
Can’t hurry love
No, You’ll just have to wait
She said just give it time
No matter how long it takes
Can’t hurry love
No, You’ll just have to wait
She said love don’t come easy ...
No. The ruling doesn’t say anything about midnight, nor about the time of counting. At issue was Louisiana using a weird “open primary” method that could result in elections being decided before election day and only using election day as a potential runoff. Nothing about the decision says counting has to finish on election day.
“But these States – in failing to obey Congressional deadlines – have flagrantly attempted to preempt federal law.”
Seems to me that the Constitution puts the power to make election laws in the hands of the state legislatures for the vast majority of elections, not Congress.
“Nothing about the decision says counting has to finish on election day.”
That won’t stop people seeing what they want to see in the decision.
The 5th Circuit ruled, and Supreme Court affirmed, that members of congress cannot be elected before the election date, which is what happened when a candidate received more than 50% of the primary vote under the old system.
The headline is not just misleading, it is unrelated the actual court case.
“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.”
If this is truly binding precedent, then the ENTIRE Republican Party, specifically including ALL candidates, must speak with a unified voice and say that this is what will be used in any cases involving an election challenge, STARTING this year and ending only if/when the precedent is changed by some legal mechanism.
The concept is election day which ends at midnight of election day.
Reading everything covers the Election Day includes counting the votes which is part of the election process. After that the outcome is void.
The Republican Party is part of the problem!
Abject nonsense.
Nothing good happens after midnight.
Thanks for mentioning Foster v. Love.
As a side note to this thread, please consider the following.
As I recall, patriots who were following the electoral vote count closely in 2020 elections say that Trump had basically won the required electoral votes to be reelected BEFORE the five radical states had suspiciously closed down their vote counting, Trump having an insurmountable lead over Biden with vote counts.
in fact, I had naively wanted for Trump to be back in office in time to effectively serve his full second term.
But the problem with that idea is this. In stark contrast to Democratic presidents unilaterally running the country with unconstitutional executive order edicts imo, Trump had been forced to run the country by winning lawsuits against desperate Democrats and RINOs trying to obstruct everything that Trump was trying to do for MAGA.
In fact, Trump was probably looking at four more years of having to win lawsuits against Democats to do the work that he wanted to do imo.
No.
Trump probably smartly realized that he would have more flexibility draining the swamp as a private citizen then to try to drain swamp hindered by constitutional checks and balances on government branch powers.
In fact, us patriots have been helping Trump to drain swamp simply by supporting Republican candidates endorsed by Trump. I expect that Trump and patriots will continue to do the same for 2024 elections.
Corrections, insights welcome.
There seems to be differing opinions on when the votes are to be ALL counted. Obviously, there have been times when the election was officially over, but in the last minute count of the votes there mysteriously appeared an amazing number for just one candidate. A fool can see what’s going on in a case like that. This smells terribly suspicious & at the very least would need to be heavily investigated & possibly result in the loss of a whole states votes. I realize this would really raise huge issues, but we must do something to have truly honest elections. The military votes are really the only ones that I can say could honestly be counted because of where some of them are cast.
Can't imagine why not.
Clowns who don’t know how to digest a court opinion shouldn’t try to do so. This case says nothing close to what you think it says.
Yep.
It’s very Qtarded.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.