Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Question: Is Early Voting Unconstitutional?
US Constitution ^ | 11/2/08 | Me

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 ...


TOPICS: Politics/Elections
KEYWORDS: electionstealing; voterfraud; voting
Navigation: use the links below to view more comments.
first 1-2021-4041-58 next last
What do y'all think?
1 posted on 11/02/2008 4:30:48 AM PST by careyb
[ Post Reply | Private Reply | View Replies]

To: careyb

I’ve been sayin’ that for a while...no one seems to listen or care...sigh


2 posted on 11/02/2008 4:32:12 AM PST by SC_Republican (Has it really been THAT long??)
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

To take this a step further, would that also make absentee ballots unconstitutional?


3 posted on 11/02/2008 4:33:06 AM PST by GOP_Raider (Retirement is wasted on old people.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SC_Republican

but...this is specfically talking about the Electoral College...it DOES meet on the same day for all states.


4 posted on 11/02/2008 4:33:22 AM PST by SC_Republican (Has it really been THAT long??)
[ Post Reply | Private Reply | To 2 | View Replies]

To: careyb

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. :)


5 posted on 11/02/2008 4:33:35 AM PST by CE2949BB (I voted.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

The electoral college day !!!


6 posted on 11/02/2008 4:33:38 AM PST by major-pelham
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

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.


7 posted on 11/02/2008 4:34:28 AM PST by Jackknife ( "The Bureau of Alcohol,Tobacco, and Firearms should be a department store, not a gov't agency.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SC_Republican
I agree with you totally...It's very specific....and would require a constitutional amendment.

Was there early voting for either of the Bush elections?? I don't recall.

8 posted on 11/02/2008 4:35:35 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: careyb

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.


9 posted on 11/02/2008 4:36:04 AM PST by Arthur McGowan
[ Post Reply | Private Reply | To 1 | View Replies]

To: SC_Republican
Hmmm... you have a point there.

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.

10 posted on 11/02/2008 4:36:16 AM PST by careyb
[ Post Reply | Private Reply | To 4 | View Replies]

To: careyb
"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."

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.

11 posted on 11/02/2008 4:36:38 AM PST by KoRn (Barack Obama Must Be Stopped!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb
Does our Congress and State legislatures really care about the Constitution? Based on the results of their hog-wild rule, the answer is: NO.
12 posted on 11/02/2008 4:36:59 AM PST by pray4liberty (Watch, pray, and work. This election will separate the sheep from the goats.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

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!


13 posted on 11/02/2008 4:37:31 AM PST by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: major-pelham
Ah....I have to take what I said back...This pertains to the Electoral college.

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".

14 posted on 11/02/2008 4:38:43 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
[ Post Reply | Private Reply | To 6 | View Replies]

To: careyb

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.


15 posted on 11/02/2008 4:38:55 AM PST by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
[ Post Reply | Private Reply | To 1 | View Replies]

To: Arthur McGowan
Yes I think you have a point.

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.

16 posted on 11/02/2008 4:39:30 AM PST by careyb
[ Post Reply | Private Reply | To 9 | View Replies]

To: pray4liberty

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.


17 posted on 11/02/2008 4:41:51 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
[ Post Reply | Private Reply | To 12 | View Replies]

To: careyb
"What do y'all think?"

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.

18 posted on 11/02/2008 4:43:35 AM PST by G.Mason
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

The Constitution is referring to the Electoral College electors. And they do meet on the same day throughout the land, December 15th.


19 posted on 11/02/2008 4:46:09 AM PST by Non-Sequitur
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb

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.


20 posted on 11/02/2008 4:48:35 AM PST by Crazieman (If CON is the opposite of PRO, what is the opposite of PROGRESS?)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-58 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson