Posted on 10/21/2008 6:22:20 PM PDT by keepitreal
Many states permit early voting in presidential elections. While early voting as good public policy may be a matter of fair debate, the practice is in direct violation of federal law.
Under the Constitution, states are of course free to adopt whatever procedures they deem appropriate for the election of state, county and local officials as long as those procedures do not violate the Equal Protection Clause of the Constitution or the guarantee of Republican state government as set forth in Article IV, Section 4.
States are also free to appoint presidential electors in any manner they choose, although since 1876 all states have provided for the election of electors by the popular vote of the people. (Before 1876, many states used their legislatures to choose electors).
States are not free, however, to override or ignore federal election laws and statutes promulgated by Congress in accordance with Article II and the 12th Amendment.
Title 3 of Chapter 1 of the United States Code says, "The electors of President and Vice President shall be appointed, in each State, on the Tuesday after the first Monday in November, in every fourth year succeeding every election of a President and Vice President." This date is now commonly referred to as Election Day.
.... federal law clearly requires that such state appointments of electors be made on the first Tuesday after the first Monday in November. States that permit early voting are authorizing the selection of electors days or weeks before the appointment date set forth in the U.S. Code.
There is no provision under the federal statute for states to alter the date of the election, to provide for alternate dates for the election, to add election days or to extend election days either before or beyond the date provided by federal law.
(Excerpt) Read more at rockymountainnews.com ...
Good legal arguments are made in this article.
The Constitution has long ago been abandoned.
I actually like early, in person, voting.
It keeps me from getting in fights with demo-idiots.
Cr@p of the 1st order.
The electors are not appointed until the votes are counted. That would be on Election Day.
“I actually like early, in person, voting.”
I like it too. In fact its my preferred method of voting.
However, I’m of the opinion that if you can’t make yourself available on Election Day to vote, you shouldn’t be voting at all. (Active Duty Military accepted, of course).
Go vote, get your finger purple, go home. Hey, it works.
I vote on election day like God intended it.
“Title 3 of Chapter 1 of the United States Code says, “The electors of President and Vice President shall be appointed, in each State, on the Tuesday after the first Monday in November”
Good point. The idea of extended voting and giving partison organizations like ACORN the ability to register voters is an invitation to fraud. The DNC tried to steal the election in 2000 and have been bitterly tried to rig the system ever since. I don’t know why people aren’t obligated to register at the DMV, city hall or some other government office instead of the B.S. of having teenagers running around with clipboards deciding who’s eligible to vote. There’s also no reason that people can’t just vote on Nov. 4. The DNC has fabricated this fantasy that people need a month to get off the sofa to pull a voting lever.
With so many people working two jobs, it's ridiculous to limit voting to one day. Some people can't even get off of work on that day. My dad was a firefighter who worked twenty-four hour shifts when I was growing up, and missed a couple of elections along the way.
I agree. This article is crap.
I’m getting real tired of hearing that ACORN registers low income people to vote as if they couldn’t register any other way.
As far as I’m concerned, if they can’t go get themselves registered like the rest of us then they should choose to stay home on election day as well.
Ridiculous. Some people are not available to vote on that day - firefighters, long distance truck drivers, folks on business trips, etc. Why are they less worthy of voting than others?
That’s what absentee voting is for.
It’s not about “not making yourself available” to vote, it’s about the crowds, convenience, and making voting more accessible to more people, thereby attracting more Americans to the polls.
Sadly, the Dems and their surrogate organizations have injected corruption into the process and given it a bad rap.
For many years I worked until 7:30 PM, and then had to close up shop. Getting to the polls before closing was a nightmare, so I voted absentee many times.
“The idea of extended voting and giving partison organizations like ACORN the ability to register voters”
The problem with your statement is you make it seem as both, extended voting options and ACORN, are one. They are not. Nor should they be. I’m one who doesn’t believe in outsourcing voter registration.
“That’s what absentee voting is for.”
True, that was one of the intentions, but, absentee voting by mail is only allowed in 28 states, or, with an excuse in 22. No-excuse permanent absentee voting is only allowed in 4 states. As well, in some States absentee ballots aren’t even counted unless the vote is close. And some States allow the Counties to decide on absentee ballot procedures.
“As far as I’m concerned, if they can’t go get themselves registered like the rest of us...”
I afree, there are more than 240 days a year in which to register in most States. That’s easily done, and no excuse is valid for not doing so.
“then they should choose to stay home on election day as well.”
Not always possible.
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