Elections Undecided by Midnight are Void & Preempted by Federal Law…

I often check the conservative and liberal groups on Reddit because a lot of articles I may otherwise not see from all over the web get posted there. This article is one of them. The article references a case from 1997 in which the SCOTUS ruled 9-0 that states in short…

“The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on the day. States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute, subjecting the nation at large to the very evils Congressionally mandated deadlines were drafted to prevent.

Federal Election Day statutes were designed to curtail fraud, and to infuse a prima facie sense of integrity in our electoral process. But these States – in failing to obey Congressional deadlines – have flagrantly attempted to preempt federal law. This is certainly prohibited, and this is why the late election results are void.”

She further states…

“3 U.S.C. § 2 kicks the decision back to the State Legislatures after a failed election renders the previous results void. Failed elections nullify all votes, not just some votes, not just late votes, not just illegal votes. The election itself is void in late States.”

…and also says the reason this didn’t happen with Bush V Gore is because neither side asked. She goes into the case that set the precedent, which is Foster V Love and quotes the following…

[The] congressional rule adopted under the Elections Clause (and its counterpart for the Executive Branch, Art. II, § 1, cl. 3) sets the date of the biennial election for federal offices, as “[t]he Tuesday next after the 1st Monday in November… This provision, along with 2 U. S. C. § 1
(setting the same rule for electing Senators under the Seventeenth Amendment) and 3 U. S. C. § 1 (doing the same for selecting Presidential electors), mandates holding all elections for Congress and the Presidency on a single day throughout the Union.”

More on this case in the article. The bottom line is, if anyone would invoke this, all states that did not meet the deadline of midnight on election day would be void. It's a lengthy article and worth the read in my opinion. If for no other reason than to learn how and why some of these laws cam about and what the precedent setting cases were.
Article Link

ETA: I have sent this link to the president and his team.

Maybe this is the KRAKEN?

a reply to: Klassified

How many state SCOTUS's changed this rule for the 2020 election? Without the cheating, Trump would have won these swing states some by over 500,000. He ran away with this election and democrats knew he would.

originally posted by: havok
Maybe this is the KRAKEN?

I didn't think of that, but if it is, they better get with it...now.

originally posted by: LSU2018
a reply to: Klassified

How many state SCOTUS's changed this rule for the 2020 election? Without the cheating, Trump would have won these swing states some by over 500,000. He ran away with this election and democrats knew he would.

He got 12 million more votes than 2016, and thats after he MSM and the democratic party making him out to be Hitler 2.0 for 4 years....

originally posted by: LSU2018
a reply to: Klassified

How many state SCOTUS's changed this rule for the 2020 election? Without the cheating, Trump would have won these swing states some by over 500,000. He ran away with this election and democrats knew he would.

That is why they had to implement the mail in ballots scam, in addition to the Dominion vote switching this time.

The Dominion fraud existed in 2016 but it wasn't enough to give Hillary the win over a very popular Donald Trump.

Our population has outgrown our process. Without tripling the number of poll locations we can't physically count a vote of this size without going into multiple days. The more poll locations, the more chance of problems. The more corrupt people that get away with ballot stuffing, etc., the harder it is going to be to have a fair election. We've passed the point of honest elections already, years ago, unless there is a massive change it's not going to get fixed.

I wish I had a viable solution.

a reply to: carewemust
IF the article is correct, this Trump's trump card. Why hasn't his team played it?

a reply to: LSU2018

Your being played this was Trumps fault. Im not even going to bame his tweets this occurred because he attacked early voting meaning the only people that did it was democrats. So when they started counting all the ballots he was severely under represented. Look at the election numbers people who never voted in their lives sent in ballots all because Trump couldnt be an adult. Try as he might he had to continually insult demean and even worse just say things that were easily misconstrued.


instead of being clear about his messaging he played games like when he was asked about the neo nazis. Anyone with half a brain would have said no i dont support them at all. But Trump says well there is good people on both sides. That may be the case im sure there were good nazis even in ww2 but you still comdemn the actions. He played a dangerous game not wanting to lose support of white supremists so he skirted the issue. His answer that day should have been we will not tolerate nazis carrying torches and threatening others. Thats it period nothing else to say!!!!

a reply to: LSU2018

Your being played this was Trumps fault. Im not even going to bame his tweets this occurred because he attacked early voting meaning the only people that did it was democrats. So when they started counting all the ballots he was severely under represented. Look at the election numbers people who never voted in their lives sent in ballots all because Trump couldnt be an adult. Try as he might he had to continually insult demean and even worse just say things that were easily misconstrued.


instead of being clear about his messaging he played games like when he was asked about the neo nazis. Anyone with half a brain would have said no i dont support them at all. But Trump says well there is good people on both sides. That may be the case im sure there were good nazis even in ww2 but you still comdemn the actions. He played a dangerous game not wanting to lose support of white supremists so he skirted the issue. His answer that day should have been we will not tolerate nazis carrying torches and threatening others. Thats it period nothing else to say!!!!

So, then what happens, do we re-vote again?

originally posted by: rickymouse
So, then what happens, do we re-vote again?

No. The rest of the states elect the president, if I understand correctly.

Interesting twist

liked this comment in regards to cases being filed

Success in the law is based on using magic words. It really is. If you don’t use them, the court has no obligation to fix your pleadings. But if you know the spell, and you know how to cast it on paper, miracles can happen. Revolutionary arguments surface even when long-standing practices appear to have firm judicial support.

In this case, the preempted behavior was failing to decide the elections “on” Election Day. Presidential electors must be appointed by midnight on Election Day, not at some ever-changing time untamed by federal reach. We have a Congressional statute that is completely unambiguous, but it’s never enforced in Presidential Elections. Regardless, a terrible habit doesn’t nullify a good law.

The elections for President in Pennsylvania, Michigan, Georgia, Arizona, Wisconsin, and Nevada were void at the stroke of midnight after Election Day, because a victorious candidate wasn’t discerned by Midnight.

a reply to: Klassified

Probably why Trump was asking them to stop counting?

a reply to: jhn7537

and thats after he MSM and the democratic party making him out to be Hitler 2.0 for 4 years....

Food for thought here..maybe that strategy worked!

originally posted by: Klassified
a reply to: carewemust
IF the article is correct, this Trump's trump card. Why hasn't his team played it?

That's a step down the line, one at a time and you start at the bottom, Not to mention you got to established you have legislative support. Don't play the trump card till you have to and you don't go off half-cocked.

It's also extremely last resort kind of stuff, and if it succeeds(unlikely) it's liable to piss some people off. Like the ones who if the theory is who paid for the election.

originally posted by: HalWesten
Our population has outgrown our process. Without tripling the number of poll locations we can't physically count a vote of this size without going into multiple days.

Sorry, but that is pure unadulterated BS.

originally posted by: dragonridr
a reply to: LSU2018

Your being played this was Trumps fault. Im not even going to bame his tweets this occurred because he attacked early voting meaning the only people that did it was democrats. So when they started counting all the ballots he was severely under represented. Look at the election numbers people who never voted in their lives sent in ballots all because Trump couldnt be an adult. Try as he might he had to continually insult demean and even worse just say things that were easily misconstrued.


instead of being clear about his messaging he played games like when he was asked about the neo nazis. Anyone with half a brain would have said no i dont support them at all. But Trump says well there is good people on both sides. That may be the case im sure there were good nazis even in ww2 but you still comdemn the actions. He played a dangerous game not wanting to lose support of white supremists so he skirted the issue. His answer that day should have been we will not tolerate nazis carrying torches and threatening others. Thats it period nothing else to say!!!!

That is pure bovine excrement about the ballots. Why would people who never voted in their lives bother to register to vote and only vote for Biden because Trump said something about the ballots.

All the information about Biden family corruption. Biden piss poor campaign rallies. Biden saying people aren't black, if they don't vote for him. Biden being a Creep to young girls. Strange how you forgot all that but you mention Trump refused to say blah blah about Nazi's, no one cares about Nazi's or CNN/MSNBC BS stories about white supremacists.

What does it say when Democrats are not coming out to support full detailed audits of election systems to make sure millions of Americans don't lose trust in the system.

originally posted by: carewemust

originally posted by: LSU2018
a reply to: Klassified

How many state SCOTUS's changed this rule for the 2020 election? Without the cheating, Trump would have won these swing states some by over 500,000. He ran away with this election and democrats knew he would.

That is why they had to implement the mail in ballots scam, in addition to the Dominion vote switching this time.

The Dominion fraud existed in 2016 but it wasn't enough to give Hillary the win over a very popular Donald Trump.

I think they rigged 2016 for Hillary, too, which is why she had so many more popular votes, but they didn't anticipate the turnout for Trump. This time they overcompensated and whether the courts bust them or not, their actions got them busted. Hillary campaigned a little more than Biden did (which isn't much) and only pandered to minorities in an attempt to make republicans look racist. She thought the election was hers, just like Biden did, because they knew about this beforehand.

Here's the kicker... These machines were bought in 2006, the same election year democrats took full control of congress and then elected obama.

originally posted by: dragonridr
a reply to: LSU2018

Your being played this was Trumps fault. Im not even going to bame his tweets this occurred because he attacked early voting meaning the only people that did it was democrats. So when they started counting all the ballots he was severely under represented. Look at the election numbers people who never voted in their lives sent in ballots all because Trump couldnt be an adult. Try as he might he had to continually insult demean and even worse just say things that were easily misconstrued.


instead of being clear about his messaging he played games like when he was asked about the neo nazis. Anyone with half a brain would have said no i dont support them at all. But Trump says well there is good people on both sides. That may be the case im sure there were good nazis even in ww2 but you still comdemn the actions. He played a dangerous game not wanting to lose support of white supremists so he skirted the issue. His answer that day should have been we will not tolerate nazis carrying torches and threatening others. Thats it period nothing else to say!!!!

Saying things that are easily misconstrued like the way you think he didn't condemn white supremacists? Why would he care if he didn't have the support of about 112 people? Honestly dude, if anyone is being played here, it's you, and it's the media playing you. If you read what's below and still think Trump called white supremacists fine people then never tell me I've been played again.

Reporter: "The neo-Nazis started this. They showed up in Charlottesville to protest --"

Trump: "Excuse me, excuse me. They didn’t put themselves -- and you had some very bad people in that group, but you also had people that were very fine people, on both sides. You had people in that group. Excuse me, excuse me. I saw the same pictures as you did. You had people in that group that were there to protest the taking down of, to them, a very, very important statue and the renaming of a park from Robert E. Lee to another name."

"So you know what, it’s fine. You’re changing history. You’re changing culture. And you had people -- and I’m not talking about the neo-Nazis and the white nationalists -- because they should be condemned totally. But you had many people in that group other than neo-Nazis and white nationalists. Okay? And the press has treated them absolutely unfairly.

"Now, in the other group also, you had some fine people. But you also had troublemakers, and you see them come with the black outfits and with the helmets, and with the baseball bats. You had a lot of bad people in the other group."

How much more clear would he have to say it for you to understand it? And why does antifa always get a pass? They're the ones actually causing damage and hurting people. The white supremacists, wherever they may be, haven't burned down a single building or instigated a single fight. Antifa showed up to Charlottesville - without a permit - looking for a fight.