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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
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To: G.Mason
1845...Election Day...The first Tuesday after the First Monday.

This does not pertain to the Electoral College. The day was chosen because the crops were in, people had to travel to get to the polls, Nov. 1 was both a Holy Day and a "bookeeping day".

I do believe this will make this a Constitutional matter in the end...

21 posted on 11/02/2008 4:48:37 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: careyb

All someone needs to do is file a lawsuit and change it.

The dems have the ACLU we have nothing.


22 posted on 11/02/2008 4:50:48 AM PST by stockpirate (Vote for the hero not the zerO.)
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To: GOP_Raider

As to the absentee ballot question, I’d say no. The ballots are considered to be cast on election day when they are counted after the polls are closed. The same argument could, I suppose, be used in support of “early” voting. I would counter the difference is that the voter records their vote while present, so it isn’t the same.


23 posted on 11/02/2008 4:52:53 AM PST by bitterohiogunclinger (Never argue with an idiot, they always wear you down and beat you with experience)
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To: Sacajaweau

..was there early voting for the Bush elections?..etc..
= = = = = = = = = = = = = = = = = = = = = = = = = = = =
Yes..
I believe the absentee ballot was originated so that those in the Military could have a say in who governed them, even though I am also sure that the original intent was for the registrars to be able to look the voter in the eye and KNOW who it was as everything was basically local and people ‘knew’ each other.
I am not sure what year it started but the absentee ballot became ‘hip’ to travelers and people who would not be at home on election day....
This again opens to fraud as I remember an ‘old’ joke that had the semi-retirees (Canada refers to them as ‘snow birds’) mailing in an absentee vote for their home in the Northeast while voting in person at their home in Florida (or vice versa)...what was once considered a ‘joke’ may have been, for the most part, true....
The purple digit isn’t really a bad idea......but when your ATM card can be used in a store in Va and within seconds your account is charged with the purchase, no matter where it is located, there has to be a way to control this electronically......


24 posted on 11/02/2008 4:57:39 AM PST by xrmusn ("Time for a thorough HOUSE (and Senate) cleaning")
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To: careyb
It also says that Congress chooses the time for voting for the electors.

It would have to be the same in every state however the determine it.

25 posted on 11/02/2008 5:06:27 AM PST by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: KoRn
The Constitution does not grant individual citizens the right to vote for President at all. The constitution specifies the Electors, which were originally appointed by State Legislators. They are talking strictly about the Electoral College. States are really not required by the Constitution to even hold popular elections for President, but it has evolved that way through practice. There is also no Constitutional requirement that the Electors have to follow their States desires when they meet to cast their vote. It is possible that and appointed Elector could cast his or her vote for either candidate, but I've never heard that has ever happened.
26 posted on 11/02/2008 5:06:31 AM PST by bitterohiogunclinger (Never argue with an idiot, they always wear you down and beat you with experience)
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To: careyb

Well, it doesn’t do any good to argue or discuss it. You know the drill. Somebody has to take it to court. I’d be surprised if nobody has tried.


27 posted on 11/02/2008 5:09:51 AM PST by stranger and pilgrim
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To: careyb
If you think the courts and the politicians disegard the Constitution now,watch what happens when HUSSEIN and the socialist Congress start naming Supreme Court judges.

HUSSEIN might be POTUS indefinitely before its all over.

28 posted on 11/02/2008 5:11:08 AM PST by Rome2000 (Peace is not an option)
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To: careyb

How did it so quickly and quietly get put in place? What is ACORNs role in getting it in? It clearly enhances voter fraud opportunites.


29 posted on 11/02/2008 5:13:52 AM PST by FreeAtlanta (NOBAMA - it is for our future)
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To: careyb
90% of recent election law is UNCONSTITUTIONAL... all it takes is a ‘toon appointee or two to say that it is legal.

LLS

30 posted on 11/02/2008 5:14:54 AM PST by LibLieSlayer (GOD, Country, Family... except when it comes to dims!)
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To: careyb
Look.. it probably IS illegal. I will easily give you that.

Having said that, I must say I really enjoy the fact that we have early polling here in Texas. My wife and I voted in peace last week and it only took us like 3 minutes total. There were no lines. It was a smooth process. Also, having voted for Ms. Palin and Cindy's husband early gave me that good feeling that I have done my part for the Republic.

Early Voting is good in my opinion. If it is illegal then it is a crying shame
31 posted on 11/02/2008 5:17:19 AM PST by SoftwareEngineer
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To: careyb

Yeah,, it is illegal,, because the constitution says election day is Nov 4! but,, they’re getting away with it.


32 posted on 11/02/2008 5:20:14 AM PST by freemike
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To: Sacajaweau
The day was chosen because the crops were in, people had to travel to get to the polls

You're absolutely right. There was narrow window in which to act, after the labors of the harvest and before snow made travel impossible for much of the country. The day chosen had to be sensible for both the Georgia planter and the Maine farmer.

33 posted on 11/02/2008 5:20:46 AM PST by Oratam
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To: Arthur McGowan
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.

Ding, ding, ding, ding .... we have a winner.

But, Arthur, if you follow this thread ... or others like it that have been posted before ... you'll find that there aren't a lot of folks willing to, as you say,

"Read more carefully".

Ignorance is bliss

34 posted on 11/02/2008 5:22:53 AM PST by tx_eggman ("The urge to save humanity is almost always a false front for the urge to rule" - Mencken)
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To: careyb

Yes.


35 posted on 11/02/2008 5:25:19 AM PST by mad_as_he$$ (Nemo me impune lacessit.)
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To: Arthur McGowan

“The time of choosing the electors”

It does not say the “day” of choosing the electors. It says the “time” of choosing the electors.

In 2008 “time” has been defined as up to one month prior to November 4, depending upon the state.


36 posted on 11/02/2008 5:26:41 AM PST by Presbyterian Reporter
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To: freemike; Arthur McGowan
Yeah,, it is illegal,, because the constitution says election dounay is Nov 4! but,, they’re getting away with it.

You're kidding right?

If not, your education is sorely lacking.

Everyone with a brain knows that it's the Declaration of Independence that sets November 4 as Election Day ... [/sarcasm off

Arthur, this is one of those people I was referring to.

37 posted on 11/02/2008 5:27:49 AM PST by tx_eggman ("The urge to save humanity is almost always a false front for the urge to rule" - Mencken)
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To: careyb

Constitution? We don’ need no stinkin’ Constitution!


38 posted on 11/02/2008 5:32:01 AM PST by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: careyb

The “electors” referred to in the Constitution are the members of the Electoral College and they adhere to the Constitutional terms in their voting. The popular vote is merely an adopted convention that is not Constitutionally necessary and is not described in the Constitution so it can be done any way the states choose to do it, if they choose to do it.


39 posted on 11/02/2008 5:33:25 AM PST by arthurus (Old age and guile beats youth and enthusiasm.)
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To: bitterohiogunclinger
"It is possible that and appointed Elector could cast his or her vote for either candidate, but I've never heard that has ever happened."

One of Gore's Electors in 2000 from Washington DC didn't vote for him. I don't recall her name, but I do remember that she declined to vote.

40 posted on 11/02/2008 5:33:37 AM PST by KoRn (Barack Obama Must Be Stopped!!!)
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