Posted on 11/07/2020 10:48:55 AM PST by SeekAndFind
May the Curse of Tecumseh be upon the head of Joe Biden.
What I wonder about is mixing legitimate ballots with tainted ballots. How could you ever sort them out properly?
It’s like adding a cup of cyanide to a punchbowl of juice. It’s ALL poison now.
That’s why they were content to hold rallies with just
six people there.
They knew what they were going to do.
have they filed anything?
Well, you don’t piss off the Supreme Court. And the PA legislature is Republican, is it not?
If Alito was to act, is it reasonable he’d begin a process today?
“I think I’m going to need more beer.”
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Probably what Alito is saying right about now.
Not counted, *received*.
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.
.
.
.
There is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. Justice Alito writes: “The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”
Justice Alito is referring to the following clauses of the US Constitution:
Art. I, §4, cl. 1, which states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
Art. II, §1, cl. 2, which states “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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
Again, translating this into common English, the US Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors.
= = = = = =
If Pennsylvania mixed the ballots, (*smirk* “what can you do now?”) then the Supreme Court rules 9-0 for Trump; they do not look kindly on anyone flipping them the bird.
Didn't know election officials could do that - during an election.
Learn how to read.
The state law does NOT say “Postmarked.” It says “received.”
Is there any evidence anywhere that any of these counties are doing a separate count of any ballots at all, as the Secretary’s October 28 order supposedly told them to do? That order clearly contemplated, as it had to, that there would be one group of ballots counted, and then a separate count of another tranche of ballots. Maybe I missed it, but there hasn’t been any indication of any separate count at all. Certainly the Secretary’s office hasn’t been reporting two counts; they’ve been reporting one all along.
Exactly. It’s all bad now. No way to sort it out. Do over.
I’m reminded of the old adage about falsehood and truth
Falsehood will fly, as it were, on the wings of the wind, and carry its tales to every corner of the earth; whilst truth lags behind; her steps, though sure, are slow and solemn, and she has neither vigour nor activity enough to pursue and overtake her enemy…
Alito gave them until 2:00pm today to respond. So we will see.
What do you think Alito is going to do?
I didn't realize the language - passed by the STATE LEGISLATUR was so recent. Worse for the fraudsters, it's intended to specifically address the COVID situation. IOW, it has a LOT more teeth than some century old law.
Ballots received after 8 PM on election day are 100% illegal. There's no way around that.
“Well, you don’t piss off the Supreme Court. And the PA legislature is Republican, is it not?”
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Correct and correct.
Alito’s response will be earth-shattering.
Yes, the statute is “received.” Philly and the other counties were supposed to have a hard break at 8 pm and anything “received” (that’s a word whose interpretation might become critical) after then was supposed to be set aside from the ballots already received. The SOS issued an order to the counties to do that and she had to do that because she told the Supremes she would.
Doubts that there was such a hard break, at such a relatively early time, are certainly proper here.
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