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Source: www.cnbc.com...
The Supreme Court on Monday evening voted 5-3 against Democrats who were pushing to extend the deadline for counting absentee ballots in Wisconsin by six days in order to provide the state more time to deal with the surge in mail-in voting caused by the Covid-19 pandemic.
The decision, announced in an order, came eight days before Election Day. Wisconsin is a key battleground state in the battle between President Donald Trump and Democratic nominee Joe Biden.
As a result of the Supreme Court’s move, ballots will have to be delivered by 8 p.m. on Nov. 3 to be counted.
originally posted by: carewemust
a reply to: Ohanka
The Pennsylvania Supreme Court ruled that the ballots in Pennsylvania could be received and counted up to 5 days after the election, so long as they were postmarked on November 3rd (election day), or earlier.
I bet if a Republican in PA wanted to, he/she could have the U.S. Supreme Court overrule the Pennsylvania Supreme Court, in a heartbeat. And any other state for that matter. Presumably, what the U.S. Supreme Court rules, is supposed to be the "law of the land".
But that's just speculation, because I'm not an attorney.
originally posted by: Guiltyguitarist
August can tell us
originally posted by: AugustusMasonicus
originally posted by: Guiltyguitarist
August can tell us
The difference appears to be that Wisconsin tried to extend the period by fiat and not via law. As the Constitution dictates the States have full latitude to make their own election law.
originally posted by: butcherguy
If a state decided to make a law that mail in ballots for this election would be counted if they are received by April 1st of 2021, we would need to hold off on the inauguration of POTUS until then?
originally posted by: AugustusMasonicus
originally posted by: butcherguy
If a state decided to make a law that mail in ballots for this election would be counted if they are received by April 1st of 2021, we would need to hold off on the inauguration of POTUS until then?
No, it would conflict with the Electoral process as delineated in the Constitution.
originally posted by: butcherguy
Then they don't have full latitude.
originally posted by: AugustusMasonicus
originally posted by: butcherguy
Then they don't have full latitude.
Stop being pedantic, do I really need to say 'under the Constitution'? Or did you know that already since I mentioned the Constitution in my first post?
originally posted by: butcherguy
I am pointing out that they have limits to what their election laws encompass.
originally posted by: AugustusMasonicus
originally posted by: butcherguy
I am pointing out that they have limits to what their election laws encompass.
Which is why I mentioned the Constitution.
As the Constitution dictates the States have full latitude
originally posted by: carewemust
a reply to: Ohanka
The Pennsylvania Supreme Court ruled that the ballots in Pennsylvania could be received and counted up to 5 days after the election, so long as they were postmarked on November 3rd (election day), or earlier.
I bet if a Republican in PA wanted to, he/she could have the U.S. Supreme Court overrule the Pennsylvania Supreme Court, in a heartbeat. And any other state for that matter. Presumably, what the U.S. Supreme Court rules, is supposed to be the "law of the land".
But that's just speculation, because I'm not an attorney.