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Will Courts Pick the Next President? If the election is close, the fallout could make Bush v. Gore look like an ice-cream social.
Wall Street Journal ^ | September 7, 2020 | WSJ Editorial Board

Posted on 09/08/2020 4:46:08 AM PDT by karpov

Georgia’s voting deadline is unambiguous: Absentee ballots are due when the polls close on Election Day. Late arrivals are meant to be set aside, stored, and eventually destroyed without being opened. That’s what state law says, and the way to protect democratic legitimacy in an anxious age is to run elections by the book.

But in the Twilight Zone of 2020, everything is apparently up for grabs. Last Monday a federal judge issued a preliminary injunction that orders Georgia officials to count all ballots postmarked by Election Day, even if they don’t show up until three days later. The suit was filed by the New Georgia Project, a group founded by Democrat Stacey Abrams. The judge expressed a reluctance to “interfere with Georgia’s statutory election machinery,” but she concluded that “the risk of disenfranchisement is great.”

Similar litigation is taking place across the country. Pennsylvania’s Supreme Court last Tuesday accepted a lawsuit filed by the state Democratic Party, and officials suggested last month in a separate case that ballots be counted if they arrive by Nov. 6, even if the postmark is missing or illegible. In Ohio, the League of Women Voters is challenging the process for verifying signatures. Minnesota has waived its rule that absentee ballots must be signed by a witness, and the state Supreme Court is weighing an appeal of that suspension, brought by President Trump’s campaign.

If the presidential election is decided by a whisker, with Donald Trump or Joe Biden leading by some thousands of votes in a few states, a court ruling could prove decisive. The pivotal jurisdictions will be flooded with Republican and Democratic lawyers, and the resulting chaos could resemble the 2000 Florida recount, with smudged postmarks as the new hanging chads.

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


TOPICS: Editorial; Government; US: Georgia; US: Pennsylvania
KEYWORDS: voting
full article
1 posted on 09/08/2020 4:46:08 AM PDT by karpov
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To: karpov

No country in the world allows for universal mail-in ballots. This is crazy. People can go to a grocery store. They can go to the polls.

If judges choose our President, a shooting civil war is certain. Judges have unconstitutionally taken charge of the USA and the people will be forced to strip them of political power and throw them out.


2 posted on 09/08/2020 5:24:30 AM PDT by Gnome1949
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To: Gnome1949; karpov

:: If judges choose our President ::

A Constitutional impossibility.


3 posted on 09/08/2020 5:41:38 AM PDT by Cletus.D.Yokel ( Scatology is serendipitous.)
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To: karpov

Just cancel the dam thing, waste of resources anyway.
The whole country knows Buden has absolutely no real legal chance of winning.
Give it up, concede already, spare Americans the misery.


4 posted on 09/08/2020 5:43:36 AM PDT by Daniel Ramsey (Thank YOU President Trump, finally we can do what America does best, to be the best)
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To: karpov

No, if neither candidate gets 270, then it goes to the HOR.


5 posted on 09/08/2020 6:09:29 AM PDT by DownInFlames (Gals)
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To: DownInFlames

Trump will have 320 on election night. Even with late counting in PA, he’ll have more than enough. States have til Dec. 14 to certify their electors, meaning they can possibly count until then.

There is NO clear understanding of what happens if 270 are certified but that all states haven’t certified. There are two opinions:
1) You need only a quorum of 538. Trump wins.
2) Any states that don’t certify lose their vote. Trump wins.

vs.
3) You need all 538 present to select a president. No winner if some haven’t counted.

4) If this goes to the House, Trump wins (they count, according to the Constitution, by delegation, not members: Rs have 26 delegations). But in this scenario, the Senate must pick from the top two EC vote recipients (Biden and . . . it’s not clear if the veep now becomes a “EC vote recipient.”)

That Dec. 14 date, as best I can find, is NOT moveable. In Bush v. Gore, the USSC ruled that FL could not count past the date of submitting the electors, Dec. 12 of that year. This year it is Dec. 14.

Highly unlikely a USSC will overturn itself, particularly in a 20 year period.


6 posted on 09/08/2020 6:30:50 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: LS

If we pick up cd-2 in Maine, is it a 26-23 split in the house delegation vote?


7 posted on 09/08/2020 6:38:37 AM PDT by mainerforglobalwarming
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To: karpov

It’s going to be a Trump landslide.


8 posted on 09/08/2020 7:15:14 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: karpov

“The judge expressed a reluctance to “interfere with Georgia’s statutory election machinery,” but she concluded that “the risk of disenfranchisement is great.”

There is no disenfranchisement if the voter gets off his/her butt and mails the ballot in early enough to beat the deadline. Why continue to encourage laziness/stupidity?


9 posted on 09/08/2020 8:07:24 AM PDT by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: karpov

“the League of Women Voters”

Another bad actor.


10 posted on 09/08/2020 8:09:04 AM PDT by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: karpov

No. It’ll take a week or two but the votes will be counted and the electoral votes will be awarded. And well before the December meeting of the Electoral College.


11 posted on 09/08/2020 8:11:31 AM PDT by DoodleDawg
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To: mainerforglobalwarming; fieldmarshaldj

Good question. I don’t know. Ask fieldmarshaldj


12 posted on 09/08/2020 8:24:54 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: karpov

I moved to Florida. I found out I was still registered in GA. I have asked them unregister me.
Just in case.


13 posted on 09/08/2020 8:39:43 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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To: karpov

NO count figures should be made known, publicly or privately, until ALL votes have been counted.


14 posted on 09/08/2020 9:01:32 AM PDT by JimRed (TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: karpov

No.


15 posted on 09/08/2020 9:02:28 AM PDT by discostu (Like a dog being shown a card trick)
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To: DownInFlames
No, if neither candidate gets 270, then it goes to the HOR.

THE NEWLY sworn in HOR. We MUST take the House.

16 posted on 09/08/2020 9:08:06 AM PDT by DCBryan1 (COMDEMS would rather rule over a pile of ashes, than lose to Trump and REAL Americans)
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To: LS

Thank you


17 posted on 09/08/2020 9:10:24 AM PDT by mainerforglobalwarming
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To: karpov

18 posted on 09/08/2020 2:24:16 PM PDT by doug from upland (Why the hell isn't Hillary Rodham Clinton in prison yet?)
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To: DCBryan1

Yep


19 posted on 09/08/2020 4:43:37 PM PDT by DownInFlames (Gals)
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