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What the Layperson Can Make of Election Law
American Thinker.com ^ | November 8, 2020 | Ted Noel

Posted on 11/08/2020 6:11:53 AM PST by Kaslin

Election law is neither criminal nor civil, making it neither fish nor fowl, even though many of the shenanigans in this election have been truly foul. Examples include Las Vegas letter-carriers supplying ballots to fraudsters, Detroit and Philadelphia refusing to allow poll-watchers, Milwaukee precincts with more Presidential votes than registered voters, and on and on and on... Many others will litigate these issues in what remains of the free press. I'll leave that task to them. Here I will try to distill what can be known about the law into a tasty drink you can hopefully appreciate.

There aren't a lot of Court rulings to guide us about what to expect as legal remedies for election fraud. This means that the best I can do is outline the issues. The foremost is that an eligible, registered voter casts a valid vote in the manner prescribed by law, including voting on time.

Most of us remember the hanging chads in Bush v. Gore. Ultimately, two important things came out of that dispute. The Supreme Court ruled that there have to be firm standards to evaluate votes. Subjective rules don't work. This was rooted in the 14th Amendment Equal Protection clause, which gave us the "One Man, One Vote" rule in Reynolds v. Sims (1964).

Perhaps more important was the resolve of Florida House speaker Tom Feeney and Senate president John McKay, who called a special session to declare a winner. They were working under a fundamental principle laid down Article II, section 1 of the Constitution.

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


TOPICS: Culture/Society; Editorial; News/Current Events; Politics/Elections
KEYWORDS: election2020; electionlaw

1 posted on 11/08/2020 6:11:53 AM PST by Kaslin
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To: Kaslin

Lots and lots of paper hats ... that’s all laws books are good for when Democrats are about anyways.


2 posted on 11/08/2020 6:15:27 AM PST by Rurudyne (Standup Philosopher)
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To: Kaslin
An excellent, well thought out article. Thanks for posting.

The only thing I disagree with is the author's statement: "But the justices will be inclined to declare a remedy that matches the misdeeds before them."

I just don't see the Court being inclined to remedy anything. They had their chance to remedy Pennsylvania but they failed to do anything. If they are involved in any way it will be of a peripheral nature to avoid taking any remedial actions. JMHO.

3 posted on 11/08/2020 6:25:06 AM PST by Starboard
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To: Rurudyne

True. The law is just a weapon. The law is not about justice and fairness to them; its a means to an end.

I doubt that many people in this country have much if any confidence left in our legal system. Its been polluted by Democrats.


4 posted on 11/08/2020 6:28:33 AM PST by Starboard
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To: Kaslin

Expect that, when it comes down to the courts, the decision will be somewhere along the lines of “ for the good of the country....”. Massive fraud won’t matter, liberal courts, in the end, do what they want.


5 posted on 11/08/2020 7:10:27 AM PST by robel
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To: Kaslin

If the SCOTUS really does what the author suggests they may do, I’d like to a see a press conference by the justices on the majority opinion to explain it to the American people in layman’s terms.

I know that’s unheard of - but the current state of the Republic due to this situation is so... fragile, I think it would be helpful. And also, the press wouldn’t dare cut away from the SCOTUS like they would DJT (I think).

Of course, if they roll over and allow manifest fraud in several states to go unanswered, well, they’ve just given up their power and their legitimacy.


6 posted on 11/08/2020 7:28:22 AM PST by shaven_llama
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To: Kaslin

Election law is not used by democrats but criminal actions are Biden isn’t the first unduly elected president JFK was they keep the same play book rules.
When the media joins them it’s a good bet except for the Hillary run.
They have been exposed with all the fraud this time and the media hides in the basement like the cowards they are.


7 posted on 11/08/2020 8:41:12 AM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: P.O.E.; fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; South Hawthorne; ...

**** Pennsy Ping ****


8 posted on 11/08/2020 9:01:42 AM PST by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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To: Starboard
Maybe I’m overlooking something here, but it seems to me that an originalist on the Supreme Court would have to defer to a state legislature in every one of these cases.

And if I was a Republican legislator in a state that was going to be the only one left to determine which candidate reached 270 electoral votes, I might be inclined to ensure that NEITHER one reached 270 ... by voting to allocate all the state’s EVs to an obscure candidate and send the election to the House.

9 posted on 11/08/2020 9:13:34 AM PST by Alberta's Child ("There's somebody new and he sure ain't no rodeo man.")
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To: Alberta's Child
And if I was a Republican legislator in a state that was going to be the only one left to determine which candidate reached 270 electoral votes, I might be inclined to ensure that NEITHER one reached 270 ... by voting to allocate all the state’s EVs to an obscure candidate and send the election to the House.

I'm sure Speaker Pelosi would be delighted with that.

10 posted on 11/08/2020 9:34:59 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman
Read up on the process in the House.

It's not a single House vote to select the President. It's a vote among the 50 states, with each state having one vote in the process.

The GOP controls at least 26 House delegations in Congress. The Democrats only control the House because they have lopsided margins in hard-core leftist states.

11 posted on 11/08/2020 10:13:21 AM PST by Alberta's Child ("There's somebody new and he sure ain't no rodeo man.")
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To: lightman
And if I was a Republican legislator in a state that was going to be the only one left to determine which candidate reached 270 electoral votes, I might be inclined to ensure that NEITHER one reached 270 ... by voting to allocate all the state’s EVs to an obscure candidate and send the election to the House.
I'm sure Speaker Pelosi would be delighted with that.


Why? If the vote goes to the house, Repubs lead it, 26-23. One State, MI, has an even 7-7 split assuming Amash, the Libertarian, sticks with the Repubs. In that case I don't know how they break the tie, but probably go for Trump. Most Senior Rep is Upton (R) (33 years), Gov is Dem, and both Houses are Repub. So most likely tiebreaker will give Trump a 27-23 lead in the House, and Pence should easily take the VP slot with a 53-47 win.
12 posted on 11/08/2020 10:42:39 AM PST by Svartalfiar
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