2 ms·
The constitution clearly says the election shall be held via methods as prescribed by the state legislators. Disagreements between branches of state government
by beerandt 6y ago
The constitution clearly says the election shall be held via methods as prescribed by the state legislators.
Disagreements between branches of state government should have defaulted to the legislature, but didn't in most of the states in question. Especially true in PA, where the legislature specifically voted against implementing the same rules that the court then imposed anyway.
Even worse, they ignored Alito's court order to segregate ballots. (Which admittedly ended up being a moot point, other than showing general non-compliance.)
So yes, I think the rule changes are a reason to disqualify either votes or an entire election.
>It's naked anti-democratic BS, attempting to masquerade as a valid concern.
That's a political opinion, not a legal one. Which makes it the legislators decision, not the state court's.
- pfdietz 6y agoThat's nice. It doesn't mean the results were fraudulent. And it doesn't mean tossing out the results was legally justified. The judges properly disagreed with your absurd conclusion that it was "a reason to disqualify either votes or an entire election." That was far too large an ask.
- beerandt 6y agoIt potentially means a changed outcome, regardless of your definition of fraudulent. >was legally justified. Yes it does. That's what everyone is saying. Don't follow the rules, it doesn't count. If Pence opened envelopes from the Trump electors on Wed, I'd bet you'd think the rules for which votes to reject were important again. >The judges properly disagreed No. They punted, based on discretional original jurisdiction and/or standing, depending on the case. (Both based on bad caselaw, themselves.) Which is ashame, because had they heard the case, it could have prevented all of this.
- pfdietz 6y agoThe question was adjudicated to a conclusion. That you do not accept the conclusion reached doesn't mean a conclusion was not reached. Your acceptance isn't necessary for the result to be the truth.