Should we count late ballots in PA?

Oh the Washington Post.....it must be all encompassing.

 

Apparently not.

https://www.washingtonpost.com/inve...269a7c-2364-11eb-8599-406466ad1b8e_story.html

Postal worker admits fabricating allegations of ballot tampering, officials say

 

The voters relied on the PA supreme court ruling that, because of covd and mail in ballots, was extended 3 days, the Governor approved. The voters are innocent, and if your judicial philosophy is 'justice matters' you'll count them. If you are a textualist, you won't.

Now, on the point of 'state legislature' vs Governor / PA supreme court:

Historically speaking, 'state legislature' insofar as SCOTUS constitutional interpretation, consists of the whole shebang, the state legislature, the state supreme court, the gov, as the high court has previously held that the word “legislature” in the Constitution doesn’t necessarily mean the literal legislature, but rather the state’s lawmaking process as a whole, as ruled by SCOTUS in Smiley v. Holm and Ohio ex rel. Davis v. Hildebrant. But, a 6/3 right wing court might not observe the precedents.

Therefore, this idea of 'textualism' is the correct 'judicial philosophy' and the 'justice matters' judicial philosophy isn't, is horse manure. Madison and Hamilton left no instructions to SCOTUS on how to judge. A justice can rule however she or he sees fit.

However, the more salient point is that the ballots, even if not counted, will not affect the outcome of the election in PA so I doubt SCOTUS will even take the case, they are not keen on taking cases that sway elections, especially since the public backlash of Gore v Bush fresh in the collective mind of the court.

 

If it happened, it was more likely due to the court's order that they scour every piece of mail at every facility looking for ballots than it was a giant conspiracy to elect Biden. It would create the illusion of compliance.

 

but.....should I be worried?

 

You are absolutely correct that the late ballots, in general, should not be counted because that is the PA law, which the PA supreme court has no authority or jurisdiction to change. However, if the ballots were late because of faulty mail delivery I can see both sides but see no convincing rationale that they should be counted. What if a person going to vote at the polls had his car break down and couldn't make it before closing time. If he shows up at the poll the next morning should his vote still be counted?

 

Unlike the PA supreme court or the FLA supreme court of 2000, SCOTUS fully recognizes they cannot enter a case until a case is brought to them.

 

One difference is that the Postal Service is a government agency

 

PA election law allows late ballots to be counted in certain situations.

 

Kinda. It is an independent government agency run 99% on its own.

 

That is true, but nowhere near the extent the PA court ruled. IIRC by law at least some military ballots from overseas have to be counted in some circumstances if received late within some limits, for example.

 

Well yeah, because they weren't late if mailed on election day. This is law.

 

We agree there. But they were counted.

 

yes, if they were mailed on election day, they should be counted.

however, many Trumpsters disagree with this.

 

fake news, Trump's lawyer was asked about this by the judge, he at first replied there was non-zero people observing, then the just asked him if that meant people were observing and the lawyer had to reply yes.... time for Trump's games to end, he lost fair and square

https://www.cnn.com/politics/live-n...s-11-05-20/h_45e3f9c5aabc500dff82d789926cacf0

"When the judge pressed the Trump campaign lawyer if there were observers in the room from the campaign, the lawyer, Jerome Marcus, said, "There's a non-zero number of people in the room.""

 

I think you should take advice from the right. Stop whining and accept the results of the election.

 

I think you should take solace in the fact you help put this b*&^% in a position where the "media" calls her VP elect! How long do you think the "Big Guy is actually gonna last? They can't keep pumping him up with B-1 forever! I'm not whining. I want to see we have a "fair" election process. If it is not proven fraudless then we have a serious problem. 72 million of us is not a number to be discounted! I've seen some of the 200 affidavits and counting about election fraud. I wait to see what happens. You insist your clown is in the bag! You know the thing!

 

Huh?

I'm not sure where you got your MD, but there is no such thing as a shot or a pill that makes dementia go away. LOL.

The man has a stuttering issue. But, typical Trumpette; make fun of those with disabilities.

 

The issue is far greater than just stuttering. Is that why he was kept in the basement so long? I'm no MD but I do know MD's can come up with energy cocktails that increase oxidation to the blood that temporarily recovers the mind.
Hey now, are you calling me a "trumpette"? Is that like calling me a little girl? Isn't that misogynistic? You better be careful or Communist Camala will turn on you too!
You know the thing!

 

You know that campaign rhetoric has no resemblance to facts, right? Where is the president? Has he completely destroyed the residence with his temper tantrums, yet? Is he off in a corner, licking his wounds?

Once Biden takes the oath, we will start to understand the damage that Trump has caused.

 

Where is the President? Curious....I think you should just give this guy a hearing. Non-concession has happened twice in American history by a President. You need to learn the remedy.

https://www.facebook.com/video.php?v=10219945275044223

 

Study this: 12th Amendment to the Constitution. (used twice before)
The electors shall meet in their respective states and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President.]* The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

* The part included in brackets has been superseded by Section 3 of the Twentieth Amendment.

 

Correction: SCOTUS did not take it up and that was before ACB. Now it is different.

 

Yeah. I don't think so. Did you see what Robert's said? He's over it. Good luck, though.

 

Late delivery is not analogous to this situation; nor is the car break down scenario.

In this instance, voters postmarking on or before election day were acting in accordance with the rules, as communicated to them by election boards. They should not be irremediably penalized - that is, disenfranchised - for doing so. Faulty or not, they followed the rules.