Posted on 11/05/2020 10:22:49 AM PST by little jeremiah
s the Trump campaign expands its lawsuits — including new filings Wednesday in Georgia and Pennsylvania — legal scholars say they are likely rooted in the Constitution's voting law authority, which limits the power of non-legislative actors trying to assert their power over balloting.
Trump has assembled a high-powered legal team to combat what it says is executive and judicial overreach in key battleground states led by Democratic governors. The Elections Clause of the Constitution (Article I, Section 4) gives state legislatures the authority to set the time, place and manner of federal elections, i.e., the rules governing the election process, including absentee ballots. Republicans say this legislative power has been eroded by both executive and judicial mission creep.
In Wisconsin, for example, the Governor, Tony Evers is a Democrat, but both chambers of the legislature are held by Republicans. The Trump campaign has filed for a recount in the Badger State amid a razor-thin lead held by rival Joe Biden. The Supreme Court late last month rejected Democrats' request to extend the deadline for counting mail-in ballots in Wisconsin beyond Election Day because of coronavirus concerns.
The GOP and the Trump campaign also announced Wednesday they are suing Pennsylvania, claiming the extension of a voter ID deadline is in violation of state law. The Keystone State has a Democratic governor, Tom Wolf, and a state supreme court with a majority of partisan, elected justices — five of its seven judges were Democrats upon their first election. The court recently ruled against Republicans and allowed Pennsylvania to accept ballots received up until 3 days after Election Day.
(Excerpt) Read more at justthenews.com ...
Demand now that SCOTUS invalidate WI and PA elections
Do you mean establishment pubs ..or Trump Republicans?
Fight tooth and nail Don.
bookmark
Thank you for that I really needed that particular piece of data thank you so much
Who’s whining, Germy?
Git on back to your Qtard thread, nobody out here beyond the trees needs lectured by you.
ESAD.
Keep fighting, but the dems were prepared. They got to the judges and election officials long before the election. I can’t believe that so many Americans rejected love for their country and embraced marxism, china, iran, islam, open borders and riots in the streets.
Ummm...go to the “Trump by Friday” thread and you can see plenty of whiners and defeatists. Pretty easy to find lately. It’s tough for sure, but not sure why so many are willing to go “all is lost” so quickly.
Trump campaign is asking for donations for legal expenses, https://twitter.com/TeamTrump/status/1324416439399321600
This is one that will reach the USSC.
Right in their wheelhouse.
HOWEVER, once votes are counted, they are NEVER EVER uncounted.
and GA. They freaking blocked observers election night and yesterday in Fulton county according to the GA GOP chairman yesterday
Michigan too
Late night vote dumps 100% for Biden
Very pertinent information. Thanks for posting.
They embrace “free stuff” or cushy government appointments
HOWEVER, once votes are counted, they are NEVER EVER uncounted.
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You say that as though it were a federal statute. So many fraudulent ballots have been counted and they will be gone over and rejected. In some counties in MI there were twice as many ballots are registered voters; other counties had 89%-98%, which is just as incredible. Just because fraudulent ballots were counted doesn’t mean they can’t be rejected. They have to be rejected.
https://macris.substack.com/p/why-trump-will-triumph-in-pa-litigation
Excerpt:
Thus the situation as it stands is that there is still a petition before the Supreme Court to review the situation in Pennsylvania, it just refused to do so before the election.
Now that raises the question: What’s the situation in Pennsylvania? Let’s work through that.
In 2019, the PA legislature passed a law called Act 77 that permitted all voters to cast their ballots by mail but (in Justice Alito’s words) “unambiguously required that all mailed ballots be received by 8 p.m. on election day.” The exact text is 2019 Pa. Leg. Serv. Act 2019-77, which stated: “No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o’clock P.M. on the day of the primary or election.” I agree with Justice Alito: That is unambiguous.
Act 77 also provided that if this portion of the law was invalidated, that much of the rest of Act 77, including its liberalization of mail-in voting, would also be void. The exact text is: “Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.”
To again put this into common English, the Pennsylvania legislature passed a law that said mail-in ballots had to arrive by 8PM on election day to be counted, and then said that if the Court over-ruled that law, the entire law that permitted mail-in ballots was invalid.
In the face of this clear text, the Pennsylvania Supreme Court, by a vote of four to three, made the following decrees, summarized here by SCOTUS:
Mailed ballots don’t need to be received by a election day. Instead, ballots can be accepted if they are postmarked on or before election day and are received within three days thereafter. Note that this is directly contravenes the text above.
A mailed ballot with no postmark, or an illegible postmark, must be regarded as timely if it is received by that same date.
In doing so, PAs’ high court expressly acknowledged that “the statutory provision mandating receipt by election day was unambiguous” and conceded the law was “constitutional,” but still re-wrote the law because it thought it needed to do so in the face of a “natural disaster.” It justified its right to do so under the Free and Equal Elections Cause of the PA State Constitution.
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