JUST IN: 7th Circuit stays district court injunction allowing Wisconsin ballots postmarked by Election Day to be counted if received up to 6 days later.

Twitter ^ | September 27, 2020 | Josh Gerstein

[White Lives Matter]

7th Circuit stays district court injunction allowing Wisconsin ballots postmarked by Election Day to be counted if received up to 6 days later. No list or count of judges backing the order. No rationale given.

[gunnut]

The original judge made a new rule in his/her order. The appeals court stayed that order meaning the judges order is temporarily halted until further order of the appeals court.

That means the original deadline is in force (Election Day) pending further action.

[Political Junkie Too]

Look at the timeline of the vote in 2000 in Florida (Electoral College safe harbor date is December 12, meets on December 18):

• November 7, 2000 - Election Day
• November 14, 2000 - Deadline for certifying the election.
• November 15, 2000
  • Broward and Dade counties ignore deadline and continue manual recounting.
  • Florida state Supreme Court denies petitions to stop recounts after deadline.
  • Florida Secretary of State announces she will not include further returns from the counties.
• November 16, 2000
  • Gore campaign files a challenge to the certified results.
  • Florida Supreme Court allows West Palm Beach to continue manual recounts.
• November 17, 2000 - Florida Supreme Court bars Secretary of State from certifying the election "until further order of the court."
• November 20, 2000 - Florida Supreme Court hears arguments regarding inclusion of hand-recounted ballots.
• November 21, 2000 - Florida Supreme Court rules manual recounts can continue.
• November 22, 2000 - Bush campaign files in federal court for review of Florida Supreme Court ruling.
• November 23, 2000 - Gore campaign files in Florida Supreme Court to force Dade county to continue recounts. Court denies request.
• November 24, 2000 - US Supreme Court agrees to hear case.
• November 26, 2000 - Florida Secretary of State certifies election.
• November 27, 2000 - Gore campaign files to contest the Florida election.
• December 1, 2000 - US Supreme Court hears oral arguments.
• December 2, 2000 - Florida Circuit Court begins election contest trial.
• December 4, 2000
  • US Supreme Court vacates Florida Supreme Court decision.
  • Florida Circuit Court rules against Gore campaign.
• December 7, 2000
  • Florida Supreme Court hears appeal of Florida Circuit Court ruling.
  • Florida legislature issues proclamation calling for special session to consider appointing Electors.
• December 8, 2000
  • Florida Supreme Court reverses Circuit Court ruling against Gore campaign.
  • Bush campaign seeks stay of Florida Supreme Court ruling.
  • Florida legislature meets in special session and adjourns to meet again on December 12.
• December 9, 2000
  • Florida begins manual recount of "undervote" ballots.
  • Florida Supreme Court denies Bush campaign request for stay of order.
  • US Supreme Court issues stay to stop manual recounts.
• December 11, 2000 - US Supreme Court hears oral arguments on Florida recount.
• December 12, 2000
  • Florida legislature meets and approves 25 Electors pledged to Bush.
  • US Supreme Court issues ruling: 7-2 to overturn Florida Supreme Court ruling on recounts, saying that recounts must be statewide for "equal protection;" 5-4 that remedies not possible by deadlines.
• December 13, 2000 - Gore campaign concedes Florida election, declares Bush the winner.
• December 18, 2000 - Electoral College meets and selects George W. Bush as President.

Now, shift that timeline by another 6-9 days due to pushing out the return of "mail-in" ballots. That is the chaos that Democrats want to inject into the 2020 election in at least five states.

Article II Section 1:

“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.”

The clause in Article II Section 1 mandating the Electoral College meet on the same day is what ultimately prevents this from spilling over into the new year. The Electoral College will meet whether these states participate or not. If they do not participate due to self-inflicted delays, the 270 vote threshold for majority will be reduced by half the Electoral votes of the states that fail to participate.

-PJ

[funfan]

The articles was from the 21st of September so I imagine it would go to the Wisc supreme court first.

[ridesthemiles]

It definitely IS if you have your own mail meter...Many businesses do.

[Maris Crane]

The circuit court STOPPED the judge’s ruling about the extension.

So Election day will stay the expiration date, NOT 6 days later/.

[faithhopecharity]

I see. Well, a higher level federal court can overrule the lower court’s unconstitutional order. And should.

[Nifster]

Good

[Vaduz]

If received up to 6 days later.

Guess what won’t make it on time rigging gone bad.

[kara37]

The circuit court STOPPED the judge’s ruling about the extension.

So Election day will stay the expiration date, NOT 6 days later/.

***********************************

That’s the way I read it. It appears the headline is wrong. We better win this.

9 of the 11 active judges on the 7th Circuit Court are Republican appointees. 4 of the 9 were appointed by Trump.

[centurion316]

The original judge made a new rule in his/her order. The appeals court stayed that order meaning the judges order is temporarily halted until further order of the appeals court.

Thank you. Finally someone who understands what the Circuit Court has done. They stayed his injunction, which means that the new election laws that he invented are no longer in effect.

[milagro]

Ok, that’s how I read what was posted.
What can happen to “unstay” the judge’s order?

[ALPAPilot]

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress:

[wiseprince]

What day and time has the congress chosen? I suppose they can ammend that day and time

[Brilliant]

They are going to let the state courts decide this.

[Political Junkie Too]

Yes, Congress can change the date the Electoral College meets. Do you think the Senate would pass that?

-PJ

[impactplayer]

getting hold of a post mark stamp from a union member - not that tough. Post Marking enough to make up the difference - piece of cake.

[JohnBovenmyer]

If it reached her at the Supreme Court she’d recuse, but at worst the 4-4 (libs+Roberts) decision would sustain her appellate decision.

[GAHeel]

This is Good. A STAY. No ruling yet from the 7th Circuit on the merits. I believe they will overturn the bad lower court ruling

[Just mythoughts]

Do not these judges take an oath to protect and defend our Constitution? The lot ought to be impeached, but, ‘holy’ Nancy owns the peoples house.

[wiseprince]

What is the date? Don’t put anything passed them