Skip to comments.Question: Is Early Voting Unconstitutional?
Posted on 11/02/2008 4:30:48 AM PST by careyb
Here is what the Constitution says:
"The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
Note the last several words. The election has to be on the same day throughout the United States.
In my opinion, early voting violates this principle in two ways:
1. It says "day" not "days". Which means the election should be held on a singular day, not over multiple days.
2. It says "the same throughout the United States." Early voting laws vary from state to state. It is certainly not "the same throughout the United States."
Is this just me?
(Excerpt) Read more at usconstitution.net ...
I’ve been sayin’ that for a while...no one seems to listen or care...sigh
To take this a step further, would that also make absentee ballots unconstitutional?
but...this is specfically talking about the Electoral College...it DOES meet on the same day for all states.
I think the “Electors” bit is what makes it legal.
However, I’m a dumbass. Hopefully some of the brains here can figure it out.
Interesting, tho. :)
The electoral college day !!!
I completely agree. No amendment has been made to change this. Early voting, IMO, is bad for the election process. It allows room for so much hanky-panky, and it is being exploited by the Obamunists.
Was there early voting for either of the Bush elections?? I don't recall.
Read more carefully:
The time of choosing the electors—that’s “election day.”
The day on which the electors vote—that’s the day the Electoral College votes—the electors voting on the same day in every state.
The requirement regarding the “same day” refers to the day the electors vote, not the day the citizens vote.
Let's look at the text again: "The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
IMHO, it looks like "the Time of choosing the Electors" (what we know as election day) could be covered by the last clause. And not just "the Day on which they [the electors] shall give their votes."
I honestly don't know.
The first time I ever heard of "early voting" that came to my mind. Early voting is clearly unconstitutional, and should have been challenged in federal court the first time a state did it. The constitution clearly states that election day is to be on the same day throughout the country. Only the most liberal of judges could see it any other way.
But without early voting, it would be much harder for the rats to cheat. They wouldn’t have as much time to find out how many votes they need to manufacture!
However, I though I remembered: "The first Tuesday after the First Monday" as a specific day for popular voting and that's obviously not the day the electoral college votes".
I don’t know if it’s constitutional or not but I sure don’t like it. It’s awfully messy and opens the door for all kinds of fraud.
With Obama’s numbers falling, I wonder how many early voters voted for him and now wish they hadn’t.
It says "the Time of choosing the Electors" but "the Day" of the electors voting.
I guess the Constitution would be more specific if it wanted election day to be on only one day.
So the electors have to vote on the same day but the voters have to vote within the same "time".
Thanks for the feedback all.
When the Supreme Court ruled on Florida...it was the Federal laws that Florida violated. Local elections can be anything a state wants as guided by their state constitution.
This y'all thinks that we ought to wake up.
We haven't been a nation of constitutional law for quite some time.
We have been like a rusting hulk in the junk yard.
Should you want to restore it, it will take a bit of time,effort, and sacrifice.
Perhaps it would be better to recycle it.
The Constitution is referring to the Electoral College electors. And they do meet on the same day throughout the land, December 15th.
Election Day should be a 24 hour period Saturday-Sunday before April 15, after withholding is abolished, and run 7:00AM Eastern to 7:00 AM Eastern. All polls open and close simultaneously on eastern time.
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