For months, Democrats have been planning to win the election through mail-in voting. This is because mail-in voting easily allows fraud. Democrat judges have done what they can to help by riding roughshod over state voting statutes to increase opportunities to mail ballots after the election. Doug Ross, however, argues that, if you look at the Constitution, these judges may be encouraging their state’s citizens to cast votes that cannot be counted in federal elections.
One of the most egregious examples of judges running amok came out of Pennsylvania. That state’s Supreme Court, which has five Democrats and only two Republicans, looked at the state’s explicitly written statute governing mail-in voting and decided to expand upon its terms:
Mail-in ballots in Pennsylvania have previously been due by the time polls close on Election Day. But the court’s order adds a three-day extension to receive ballots that are postmarked by 8 p.m. on Election Day. Ballots with a preelection postmark will now be counted as long as they are received by 5 p.m. on Nov. 6, three days after the polls close.
The court also wrote that ballots “received within this period that lack a postmark or other proof of mailing, or for which the postmark or other proof of mailing is illegible, will be presumed to have been mailed by Election Day unless a preponderance of the evidence demonstrates that it was mailed after Election Day.”
In other words, after the polls close, if Trump has won (as I believe he will), Democrats can then figure out how many more votes they need to change the outcome and simply deliver the ballots without even bothering with the pretense of mailing. In theory, that’s how you win an election, every single time. Lazy voters don’t have to bother with polling places or deadlines. They just wait until called upon to act.
Pennsylvania’s not alone. Activist judges in Michigan, Minnesota, and Wisconsin have also entered rulings throwing over their state’s statutes regarding mail-in voting and, instead, substituting judge-made rules that drag voting out far beyond the November 3 election.
Doug Ross thinks these activist judges may have been too clever by half. Typically for Democrats, these activist judges don’t know the Constitution:
All of these illegal proclamations directly contravene state law and are simply naked, partisan attempts to swing the election.
More importantly, they are in clear violation of the Constitution.
Article I, Section 4
…The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…
The Judicial branch — at any level of government — has no role in deciding the times, places and protocols for Congressional elections.
Ross reads the Constitution to mean that, while the judge-made rules can affect state elections, they cannot affect federal elections. At the federal level, the only elections that count are those that comport with legislation. Put another way, only the people’s representatives in a given state have the authority to decide how federal elections should be handled in that state. Judges don’t have that power.
Doug says the same line of thinking applies to the presidential election:
As for the presidential election, the Constitution is equally clear, as Mark Levin has repeatedly pointed out.
Article II, Section 1
…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…
Once again, the legislature is wholly responsible for directing the manner of presidential elections.
If the new rules from the activist judges suppress in-person voting, that may prove to be a disaster if the subsequently mailed ballots get thrown out. No wonder Democrat bigwigs are starting to encourage their peeps to vote in person.
This is the kind of issue that will ultimately end up before the Supreme Court. That’s why the Supreme Court must have nine justices. Better still, these justices should owe their intellectual fealty to the United States Constitution, not to political outcomes and policymaking. They need to be the type of people who look to the Constitution first and follow where it leads. Amy Coney Barrett has made clear throughout her career that she is that judge.
New York can’t even handle absentee ballots competently. My 96 year old mother received a military absentee ballot after having applied for a permanent disability ballot. Before this article came out, I had wondered if it wasn’t a deliberate ploy to make it seem as though the military voted against Trump since my mother lives in a very liberal area. Go to article for photos of different typos on the absentee ballots. And they only have to be postmarked by Nov. 3 not before!
https://nypost.com/2020/09/28/nyc-voters-wrongly-getting-mail-in-ballots-marked-for-military-use/
Invalidating the ballots from 14 states will fraudulently give the victory to the Republican party which will be confirmed by the Supreme Court graced by Trump’s new appointee
It would be much easier and faster (and not hypocritical) to just cancel the elections by an executive order and declare the dictatorship of Der Fuehrer.
why invalidate ballots fromt the whole state and cause ‘unfriendly’ actions? Only those late ballots that violate Fed. statutes should not be accepted and thrown out.
@ Adam Dalgliesh:
Unfortunately, the Supreme Court will not dare to throw out the election returns in the fourteen or more states where the courts have approved illegal and fraudulent voting. Even if they did find the time to do this, they would not dare to throw out returns reported “under the governor’s seal”(as the election law of 1877 phrases it) by the executive departments of each state government. Rightly or wrongly, the court will not risk the armed insurrections, the threats to their own lives and property, and the very real prospect of civil war if they were to invalidate the elections in any state.