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> On your second point: If a state holds an election contrary to their constitution and it's proven that it was contrary to their constitution, the votes wouldn
by jcranmer 5y ago
> On your second point: If a state holds an election contrary to their constitution and it's proven that it was contrary to their constitution, the votes wouldn't be constitutional. In other words they're illegal. So wouldn't it be sensible to hear calls to count only the legal votes?
No. Those who voted using improper procedures had reasonable basis to believe that the procedures they used would have been proper. If they had known those procedures where improper at the time they availed themselves of them, they very well could have used proper procedures instead. After the election and the votes are counted, it is absolutely too late to cure any defects. Why should those people be penalized for actions that they have done through no fault of their own?