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Federal Appeals Court Reminds Judges Not to Change Rules Before or During Election
The Daily Signal ^ | 20 Oct, 2020 | Zack Smith

Posted on 10/21/2020 11:14:48 AM PDT by MtnClimber

The Supreme Court advises that judges should not change state and county election rules right before an election, a Cincinnati-based appeals court has reminded a lower court.

The Ohio case, like others this election season, involves the use of ballot “drop boxes” and restrictions that officials may put on them while attempting to maintain the integrity of state elections.

In a split decision, 6th U.S. Circuit Court of Appeals Judge Richard Griffin, writing for himself and Judge Amul Thapar, said: “The Supreme Court has repeatedly emphasized that lower federal courts should ordinarily not alter election rules on the eve of an election.”

Why did District Court Judge Dan Polster, a Clinton appointee, need the Oct. 9 reminder from the 6th Circuit panel?

Because, as Griffin put it, “Here, the district court went a step further and altered election rules during an election.”

Here’s what happened.

Ohio Secretary of State Frank LaRose issued a directive that allowed ballot drop boxes to be placed only in a county’s election office in secured, monitored settings.

LaRose reasoned that under Ohio law, an absentee ballot could be returned only by mail or by “personally deliver[ing] it to the [election] director.”

In LaRose’s view, this last requirement meant that any drop box had to be located at a county’s election board office.

Polster disagreed, issuing what some called a “scathing decision” that required LaRose to allow drop boxes at additional locations. In the process, the district court judge summarily rebuffed concerns about election fraud, saying that LaRose “has not advanced any legitimate reason to prohibit a county board of elections from utilizing off-site drop boxes and/or off-site delivery of ballots to staff.”

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


TOPICS: Society
KEYWORDS: insurrection

1 posted on 10/21/2020 11:14:48 AM PDT by MtnClimber
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To: MtnClimber

I predict all kinds of actions will be done to throw the election into total confusion. A requirement in Color Revolutions. And the confusion cannot be undone.


2 posted on 10/21/2020 11:15:24 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: MtnClimber

No, once we get the SC settled we will knock down these unconstitutional changes.


3 posted on 10/21/2020 11:25:24 AM PDT by fortheDeclaration
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To: MtnClimber

“The Supreme Court advises that judges should not change state and county election rules right before an election, a Cincinnati-based appeals court has reminded a lower court.”

nonetheless, the 4th circuit court of appeals has chosen to ignore this advise in North Carolina ...


4 posted on 10/21/2020 11:31:17 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: MtnClimber

Nov. 5 will be a total sh*tshow by design.


5 posted on 10/21/2020 11:36:26 AM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: MtnClimber

Bush vs. Gore 2000 - Supreme Court shut down the Florida recount, and specifically stated that Judges do not have the authority to re-write election law, that it is the job of the State Legislature to write election law.


6 posted on 10/21/2020 11:44:41 AM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: MtnClimber
Federal Appeals Court Reminds Judges Not to Change Rules Before or During Election

Judge Amul Thapar, said: “The Supreme Court has repeatedly emphasized that lower federal courts should ordinarily not alter election rules on the eve of an election.”

So any votes cast before any ACB SC hearing will be subject the rules established at the time of the vote?

So how exactly will the ACB court not be irrelevant? People are voting now.

7 posted on 10/21/2020 11:53:45 AM PDT by FreeReign
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To: mass55th
Bush vs. Gore 2000 - Supreme Court shut down the Florida recount, and specifically stated that Judges do not have the authority to re-write election law, that it is the job of the State Legislature to write election law.

But our current SC said that once a vote is cast under a Judges re-written election law, that vote is subject to those laws.

8 posted on 10/21/2020 11:56:08 AM PDT by FreeReign
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To: MtnClimber

Except Justice Roberts who can do anything the Gay Mafia tells him.


9 posted on 10/21/2020 11:57:35 AM PDT by Zathras
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To: FreeReign
"But our current SC said that once a vote is cast under a Judges re-written election law, that vote is subject to those laws."

That makes no sense at all. By saying that, they've nulled and voided the 2000 decision. How does that happen?

10 posted on 10/21/2020 12:30:16 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: MtnClimber
Today the 4th Circuit Court of Appeals declined to block an extension for accepting ballots until Nov. 12

Monday ACB will be voted out of the Senate. She will be sworn in and the SCOTUS will be ready to accept cases as a full court.

Tuesday the NC Republicans will appeal this decision to the SCOTUS and request an emergency stay.

Roberts will vote with the socialist on the Court again and this time lose 5-4.

And then the Democrats efforts will fail once again.

11 posted on 10/21/2020 1:12:35 PM PDT by vg0va3
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To: catnipman

Right, but didn’t Roberts just go against his own courts previous ruling?


12 posted on 10/21/2020 1:25:52 PM PDT by Revel
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To: Revel

“Right, but didn’t Roberts just go against his own courts previous ruling?”

i think that might be correct ... pennsylvania case ...


13 posted on 10/21/2020 2:33:34 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: catnipman

And Arizona. They have changed the rules this month to the benefit of the Left.


14 posted on 10/21/2020 4:30:39 PM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell.)
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