Federal Appeals Court Rules for ‘Election Day’, Not ‘Election Week’

“Congress statutorily designated a singular ‘day for the election’”

by Daniel Greenfield | October 27, 2024

Once upon a time, America used to have Election Day. Now we’re being threatened with Election Week.

There’s no reason for it. The year is 2024. We can order a toaster and have it delivered overnight from another state. We hear about an event seconds after it happens. Yet somehow despite insane budgets, we’re told that it’s impossible to do in 2024 what we were able to do in 1944. During wartime.

Election Week may have hit a bit of a snag after the 5th US Circuit Court of Appeals ruled that counting mail ballots arriving after Election Day is wrong because it’s… Election Day, not Week, Month or Year.

“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors. Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.”

The ruling spends time restating the obvious along with simple definitions of words.

Election Day is when all the ballots have to be in. If the ballots aren’t in, there’s an endless election that only ends when all the ballots have been received.

“Even if the ballots have not been counted, the result is fixed when all of the ballots are received and the proverbial ballot box is closed. The selections are done and final. By contrast, while election officials are still receiving ballots, the election is ongoing: The result is not yet fixed, because live ballots are still being received.”

It’s not Election Day if you can keep dumping in ballots and counting them until you win.

But like many common sense court rulings, this one may not even be enforceable. It may possibly be cited in election challenges to limited effect, and yet what it states is the simple truth.