On Friday, November 27, President Trump lost his election case in the Third Circuit. He had alleged that different Pennsylvania counties had used different procedures for accepting ballots, and that therefore the entire popular vote should be ruled invalid. Donald J. Trump for President Inc. v Secretary Commonwealth of Pennsylvania, 20-3371. This is the first election-counting decision from 2020 from any U.S. Court of Appeals.
The decision is by Judge Stephanos Bibas, a Trump appointee. It is also signed by two George Bush, Jr. appointees, D. Brooks Smith and Michael Chagares. The decision says that just because different counties use somewhat different procedures concerning ballot acceptance, that in itself does not violate the Equal Protection Clause. The decision also says, “The Campaign never alleges that any ballot was fraudulent or cast by any illegal voter.” Here is the decision. Thanks to Rick Hasen for the link.
NOT Prec.
How *different* to be a EP Cl violation ???
Only SCOTUS knows ???
——–
SAME/EQUAL stuff in 2019-2020 Dem Elections bill in gerrymander Congress ???
to be instantly re-cycled in 2021.
see that 2002 USA HAVA Law about what is a legal vote
— written for FL MORONS in 2000 Bush v Gore.
now in 52 USC
Doesn’t matter. After Wednesday’s hearing in Gettysburg presenting irrefutable evidence of massive vote fraud, the Penna state legislature is about to pass a resolution stripping the power to certify presidential electors and giving that to the legislature. PA will flip to Trump: https://ussanews.com/News1/2020/11/27/breaking-pa-hearing-on-voter-fraud-trigger-joint-resolution-removing-power-from-secretary-of-state-bannons-war-room/
States cannot change the method of choosing their electors after the date that Congress has set for their election (that was November 3). While states are perfectly entitled to change the method of choosing their electors, any changes made after November 3, 2020 can only be effective for the election of 2024.
Wisconsin will actually be the first domino to fall. They have something like 200,000 mail-in ballots which have no record of ever being requested = blatant violation of state law thus must all be thrown out. WI flips to Trump = 10 + 232. Add Penna (20) to that, and The Donald is up to 262. Michigan and Georgia (both now dealing with Sydney Powell’s Kraken lawsuits) are 16 each. BOOM!!! The fake media is going to look really stupid for not covering any of this.
Walter, YES they can. Penna already did it in 1938. It’s called US Constitution, Article II. The power to appoint presidential electors is completely up to the state legislatures. NOT the courts. Nothing in Article II says anything about timing or a date.
Article II, Section 1, Clause 4 clearly states: “The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”
The date that Congress has set for the choosing of the electors is November 3; it is distinct from the date that the electors will give their votes, which is in December. The certificates of election of each state must be according to the method used on November 3. If a state fails to certify any electors by the date in December, then no electoral votes will be cast from that state.
Jeff, if there is evidence of voter fraud in Pennsylvania, why wasn’t it mentioned in President Trump’s briefs in federal court in Pennsylvania?
What a surprise, Winger trashing Trump again. He never does that to Biden. This website is fake news.
“Don’t want to discuss it, think it’s time for a change. You may get disgusted. Some thinking that I’m strange…” https://www.youtube.com/watch?v=QOsGA4_Y89c&ab_channel=RockPopTunes
I have severely criticized the Democratic Party for its efforts to keep the Green Party off the ballot this year in Montana, Wisconsin, and Pennsylvania. I have criticized the Democratic Party for doing similar things in many past presidential election years, 1936, 1948, 1952, 1976, 1980, and especially 2004. I have pointed out the Democratic Party has a far, far worse record than the Republican Party in trying to keep minor party and independent presidential candidates off the ballot. The Republican Party never did that until it ruined its good record in 2008 and challenged Libertarian nominee Bob Barr in Pennsylvania. It is disappointing that the big media has never noticed the difference between the two major parties in that area of voting rights.
How many 2020-2022 RETROACTIVE machinations in the 50 gerrymander minority rule State legislatures to wipe out 3rd parties and independents OFF the 2021-2030 ballots ???
@Walter, Section 4 of Article II comes AFTER section 2. Thus it is section 2 which has legal precedence. Thus, the state legislature has TOTAL CONTROL regardless of any possible contradiction from Congress.
Make that clauses 2 and 4 of section 1.
Jeff, that’s not how the Constitution works. Ya boy lost. Get over it.
PA —
attempt to subvert 14-2 public election of 12 Amdt Prez electors ???
LOSE ALL PA USA REPS ???
—-
3 USC 1
The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
(June 25, 1948, ch. 644, 62 Stat. 672.)
——
NOOO retroactive change allowed ???
https://www.supremecourt.gov/DocketPDF/20/20-740/161431/20201120145219303_2020-11-20%20Bognet%20Cert%20Petition.pdf
Bognet v Boockvar 20-740 CERT Pet
QUESTIONS
PRESENTED
The Pennsylvania General Assembly established
an unambiguous election-
day
deadline for receipt of
absentee and mail
-in ballots. A majority of the Penn-
sylvania Supreme Court extended that deadline
by
three days and created a presumption that mail
-in
ballots
received by its new deadline
—even those lack-
ing a legible postmark
—would be timely unless a pre-
ponderance of the evidence proved that they were
mailed after 8
:00
p.m. on election day
. The questions
presented are:
1.
Whether Petitioners have standing to ra
ise
their Elections Clause, Electors Clause, and Equal
Protection Clause claims;
2.
Whether the Pennsylvania Supreme Court
usurped the Pennsylvania General Assembly’s para-
mount authority to “direct [the] Manner” for appoint-
ing electors for President and Vice President, U.S.
C
ONST
. art. II, §
1, cl.
2, and to prescribe “[t]he Times,
Places
and Manner” for congressional elections,
id.
art.
I, §
4, cl.
1;
3. Whether the Pennsylvania Supreme Court’s
extension violates
Petitioners’ right to have their votes
counted without dilution
and their righ
t not to have
their votes treated in an arbitrary and disparate man-
ner under the Equal Protection Clause,
id.
amend.
XIV, §
1; and
4. Whether
Purcell
v. Gonzalez
, 549 U.S. 1 (2006)
(per curiam)
, counsels against enjoining unconstitu-
tional usurpations of authority to regulate federal
elections by State courts and executive branch offi-
cials.
@DR,
See 3 USC 2. The legislature could argue that no appointment was made because of mistakes made in conduct of the election.
@WZ,
Check the effect of the Wyoming Rule (formerly known as the Nevada Rule, Delaware Rule, and other names) over the decades.
3 USC 2 —
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
(June 25, 1948, ch. 644, 62 Stat. 672.)
—
Plurality winner ??? — failing to make a choice ???
PA LAW involved– who gets 12 Amdt electors based on 3 Nov 2020 alleged results ???
SOME votes may always be illegal at any election.
Election NOT thereby null/void.
Well at least Jeff Becker gets it.
https://electionlawblog.org/?p=119119
Another Trump bomb out lose in PA–
5-10 PA cases so far — Fed/State ???
https://www.yahoo.com/news/trumps-election-fight-includes-over-140600858.html
Trump’s election fight includes over 40 lawsuits. It’s not going well.
Jeff Becker is killing it here. These other fools trying to argue with him are going to be begging for some sand paper to soothe their buttholes before this one is over, bro.