[Dog Gone]

Now that that's out, I think this early voting- the idea of stretching one day into two weeks is the beginning of the end unless the SCOTUS gets involved and stops it.

The Constitution explicitly sets out that the individual states are entitled to enact their own election laws, and nowhere in the Constitution does it say that Election Day is the first Tuesday in November.

The SCOTUS has no legal basis for interfering.

[Vision]

You're right- Article 2 Section 1 Clause 2 says the states will make up their own election laws.

Is there any law that says all the states must vote on the same day? Is there another document that goes into election details? Why couldn't a state pass a law that says "our electors will vote for a certain party regardless of the outcome of the voting. Or they could do away with the voting altogether.

[Iwo Jima]

I disagree.

Article II, Sec. 1, Paragraph 1 of the Constitution states that "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..."

Article II, Sec. 1, Paragraph 4 states "The Congress may determine the Time of chusing the Electors, and the day on which they shall give their Votes; which Day shall be the same throughout the United States."

I am assuming that "Time" and "Day" both mean "date."

Therefore, according to the Constitution, only Congress may set the date that we pick electors (which we call having an election), and it must set the same, single date throughout the United States. The only thing that the states can control is the method of voting (e.g., electronic vs. paper ballots), and that must be by the legislature, not the courts, referendum, gubernatorial executive order, etc.

That's why I think that absentee and early voting as currently constituted just has to be unconstitutional.

[Vision]

By Article 2 Section 1 Clause 4: "The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

Early voting seems to violate this.