Trump and supporters concede ground they don’t need to concede when they talk so much about “voter fraud,” thus letting the media frame the issue. There probably was fraud there, too, but it doesn’t matter. If the Supreme Court rules as it’s signaled it’s going to rule in the PA case, a ballot is constitutionally invalid, even if there wasn’t any fraud in its completion and submission at all.
The real question here is what remedy is going to be available if the PA SOS certifies a constitutionally-deficient slate of electors and whether the Supremes are going to require the legislature to step up and defend its prerogatives before ruling. Then the question becomes what other states had situations where bureaucrats or judges directly modified the express voting statutes on the books, including all the settlements and consent decrees in the Dems voting rights suits last spring and summer. Properly understood, an election board bureaucrat in Georgia has no authority to settle a Dem lawsuit under terms that conflict with the election statutes of the legislature.
(Clearing up last post: A PA ballot is consitutionally invalid if it was received after 8 pm on Election Night, even if there’s no fraud involved at all.)
To Hotspurs point....can the state legislatures and the Supreme Court say what was done is unconstitutional and thus a fraudulent election...so the state legislatures can appoint the electors.
PA and the other states, I believe, have Repub legislatures who can award their electors.
Trump wins; the Supreme Court has spoken.
Clarence Thomas and Brett Kavanaugh are leveling the playing field for what was done to them.
IMO, the USSC will refuse to consider uncontested states that had invalid return dates. Their results will stand, but the USSC will order those states to disregard the invalid return dates going forward.
“Trump and supporters concede ground they don’t need to concede when they talk so much about “voter fraud,” thus letting the media frame the issue. There probably was fraud there, too, but it doesn’t matter. If the Supreme Court rules as it’s signaled it’s going to rule in the PA case, a ballot is constitutionally invalid, even if there wasn’t any fraud in its completion and submission at all.”
Excellent observation. If an absentee ballot was received after 8:00 p.m. on election day, as provided by the PA legislature, it cannot be counted, even though the vote was cast in good faith. It did not arrive in time. Though no fraud was involved in casting the vote, it cannot be counted because it was not received in time. Fraud would not enter the picture in this case, nor would the good intentions of the voter. Nor does the state Supreme Court have any authority to change the state’s legislature on the matter.