Some defenders of the Colorado decision Anderson v Griswold say that the ruling doesn’t injure the right to vote, because any voter is still free to cast a write-in for Donald Trump; it’s just that the write-in can’t be counted.
But the U.S. Supreme Court in the past has said that the Fourteenth Amendment requires that all voters be treated equally, and that the right to vote includes the right to have the vote counted. In Gray v Sanders, 372 US 368, at page 380, the Court wrote, “The Court has consistently recognized that all qualified voters have a constitutionally protected right to ‘cast their ballots and have them counted at congressional elections’ United Sttes v Classic, 313 US 299 at 315; see Ex Parte Yarbrough, 110 US 651; Wiley v Sinkler, 179 US 58; Swafford v Templeton, 185 US 487. Every voter’s vote is entitled to be counted once. It must be correctly counted and reported. As stated in United States v Mosley, 238 US 383 at 386, ‘the right to have one’s vote counted’ has the same dignity as ‘the right to put a ballot in a box.'”
Justice William O. Douglas wrote in South v Peters, 339 US 276, at 279, “There is more to the right to vote than the right to mark a piece of paper and drop it into a box or the right to pull a lever in a voting booth. The right to vote includes the right to have the ballot counted.”
Isn’t it pretty clear though that Justice Douglas’s ruling is ignored when several states either do not acknowledge write-ins or do not count them by candidate?
HOW MANY WRITE-IN VOTES IN 1866-1868 ???
ANY BALLOTS IN BLASTED EX-SLAVE STATES IN 1865-18XX ???
HAD BEEN PRINTING OF CONFED JUNK PAPER MONEY / BONDS / ETC IN 1860-1865.
IE UNION ARMY CONTROL OF EX-SLAVE STATE PRINTING PRESSES UNTIL 18ZZ ???
14-2 DENIED/ABRIDGED — IGNORED SINCE 1868
“Isn’t it pretty clear though that Justice Douglas’s ruling is ignored when several states either do not acknowledge write-ins or do not count them by candidate?”
Obviously This is often the case if the number of write-ins and absentee ballots is less that the plurality of winning counted votes. These votes simply get reported as “scattered” or “others”
Given that there is an additional cost to counting every one of those votes, state election officials should invite volunteers from third parties and independent candidates to count those votes. There shouldn’t any problem with this, if the number of uncounted votes does not exceed the winning plurality.
There is no right to write in the candidate of your choice in Florida. Florida voters only see the “write in candidate” line when someone actually files to run as a “write in candidate” in that particular election. Any other name entered in that field (or written into the line) is not counted at all except as an under vote (no vote).
https://www.yahoo.com/news/democrat-charged-voter-fraud-scheme-193529693.html
MORE DONKEY OR ELEPHANT FELONY ELECTION FRAUD ???
HOW MANY FOLKS ELECTED VIA WI VOTES ???
SEE 2010 USA SENATE WI VOTES FOR THE M CANDIDATE IN AK FROZELAND –
ABOUT 1,000 DIFFERENT SPELLING LAST NAMES ???
https://en.wikipedia.org/wiki/2010_United_States_Senate_election_in_Alaska
ANY 2010 WI BALLOTS STILL AROUND – IN A MUSEUM ???
https://www.usatoday.com/story/news/politics/elections/2023/12/21/donald-trump-im-not-an-insurrectionist/72002641007/
THE I WORD.
THE B-I-G LIE — THAT THE USA AND STATE REGIMES ARE democratic [small d) —
when in math fact are all anti-democracy minority rule gerrymander oligarch regimes with now tyrant monarchs.
1/2 x 1/2 = 1/4 legis control — with much worse extremist primaries >>> tyrant monarch / oligarch execs / judics
ESP SINCE 1929-1941 GREAT DEPRESSION I.
BRAIN DEAD MEDIA — BRAIN DEAD COURTS
— REPORTING ON MONARCH/OLIGARCH DD/RR COMMIE/FASCIST GANGSTERS AS IF THEY ARE *DEMOCRATIC*.
—-
PR
APPV
TOTSOP
In 1977 the Florida legislature banned all write-in votes in general elections, but then the Socialist Workers Party won a lawsuit in State Supreme Court, which forced the state to restore write-ins, at least for declared write-in candidates. Smith v Smathers.
Even Slate says Colorado nonsense ruling must, be overturned 9-0 by US Supreme Court for the good of the country. This stinker is going down in flames.
There was no government printed ballot in the 1860s, therefore all votes were on an equal footing. Nothing else worth replying to from the two letter fake name troll moron entity.
https://storage.courtlistener.com/recap/gov.uscourts.miwd.104360/gov.uscourts.miwd.104360.131.0.pdf
MICH LEGIS G CASE — VIA ELB
ON TO SCOTUS – SINCE 3 JUDGE COURT
I thought G was Giuliani?
A right to a vote that isn’t isn’t counted is like the right to give anyone the finger in a closet where you can’t be seen. F that!
Trump is the only vote worth casting. If ballots fail us by excluding Trump, bullets will not fail. We have the guns and the numbers. We’d rather avoid bloodshed. But Trump is our last hope for peaceful resolution.
GEN Z IS ON TRUMP/PUTIN BRAIN DAMAGE DRUGS / VODKA– AKA POWERMADNESS-
ESP FASCIST TYRANT VERSION.
2023-2024 WINTER OFFENSIVE – UKRAINE OR RUSSIA OR BOTH ???
—
PR
APPV
TOTSOP
Agreed 100% , Gen Z Supports Russia, Alien invaders are poisoning the nation’s blood, and White Men Can Trump! Ignore nasty, ignorant two letter fake name troll moron and its gibberish alphabet soup. Whatever it’s on is not worth the ride.
Trump is the last hope for the American ballot box. The bullet box is all that remains if Trump isn’t President again in 13 month’s and considering who active and retired law enforcement, military, and legal gun owners are in this country, you don’t have to wonder how it will turn out.
The cities need the countryside much more than the other way around. We don’t want it to come to that, and would love to avoid it, but we’re ready if it does. Let’s all vote Trump and fight legally for Trump victory while we can.
On the other side of the world, where it’s already the bullet box (tyrant Zelenskyy cancelled elections, unlike popular President Putin, and unlike President Trump, who left office peacefully and legally despite having an election stolen from him, despite all the lies about him being an “insurrectionist”), we don’t have to wonder how it will turn out either.
The corrupt, child molesting Nazi Satanists for whom tyrant zelenskyy serves as a hired actor/figurehead / con artist are running out of money and weapons. And the people and political leaders in the US and EU are running out of patience for the con game of shovelling endless billions down their bottomless pit stalemate.
Hungary in Europe and MAGA GOP in the US Congress are cutting their marionette strings. The dopehead actor will cry and look sad, and the lying fake news media will turn on the tear spigots and proclaim the end of the world, alongside garbage in, garbage out amplifiers like our screaming troll moron and countless other actual and virtual NPC bots of its kind elsewhere.
But the die is cast. The special operation will at long last end in total victory for Russia and total humiliation and defeat for the Nazi Satanist scum of the Kiev Khaganate and their derp state NATO foreign sponsors.
Trump will be President again, and war will be averted in America. Putin will be victorious in Ukraine and in his own reelection. Nationalist, patriotic parties will sweep to power throughout White Christendom, saving European based civilization and evicting dark hordes of alien invaders and alien values. In Ukraine, the 2014 coup will be reversed and legitimate government restored, with the elections the tyrant puppet suspended held at last.
Winning! And it only gets better from their!
I blame this whole disqualification crap on the Democratic Party. They have got to go in 2024 and the swamp cleaned. It’s like they are trying to impose what I call “A social-democratic dictatorship”.
Kind of like “the right to petition the government for a redress of grievances” – but unfortunately we have nothing to compel the government to actually respond to them.
Yes, we do. Ultimately we have the guns, the numbers, and Jesus on our side. The three most important things in the world. Merry Christmas!
The demon rat party and their fascist socialist dictatorship for sure need to go, and quick like!
So, Richard, scrolling back 160 years, do you think Confederate officials then should have had their votes counted?
Setting aside the “ripeness” of the issue, and whether courts should intervene in primaries rather than general elections, you’ve essentially argued to make the 14th Amendment nugatory.
You have many smart observations here.
But this is not only stupid, it’s the stupidest one you’ve ever had.
Confederate officials did have votes counted. Many went on to serve in congress, cabinet, local and state office after reconstruction etc. This included CSA vp Alexander Stephens.
Guns? But Biden says you’d need an F-16.
Biden wouldn’t know an F16 from a G15. His battleship was sunk years ago.
@Southie,
Wasn’t Stephens pardoned?
Yes, by Andrew Johnson. But I doubt that every former confederate who subsequently served in office was individually pardoned. There were certainly a lot if them.
@White,
The 14th Amendment specifies that the insurrection must have occurred after the person had taken the Article VI oath. Stephens would have taken the oath when he was in the House in the 1840s (colleague of Abraham Lincoln).
Ordinary soldiers in the Civil War might not have taken an oath.
Stephens was not accepted by the US Senate, after he was elected by the Georgia legislature. It was soon after that he was elected to the House. I can’t imagine that the House did not judge his qualifications.
Good point. I remember reading recently that the office of President was explicitly mentioned in an early draft and then taken out. I don’t remember where I read it now. Know anything on that?
Just refreshed my memory of Article VI. It mentions state as well as federal officials in all three branches. That’s a fair number of people, but not necessarily too many to have received individual pardons.
Additionally, the right to have votes counted and the right to assume office, while closely related, are not the same.
A given candidate and supporters thereof might find value in having votes counted and recorded for posterity even if that candidate is not then allowed to assume office.
Presumably, minor parties which nominate unambiguously underage candidates and the like see value in having their votes counted and recorded.