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

To: McGruff
I'll just drop this here...

Foster v. Love, 522 U.S. 67 (1997)
Held: Louisiana's statute conflicts with federal law to the extent that it is applied to select a congressional candidate in October. Pp. 71-74.

(a) The issue here is a narrow one turning entirely on the meaning of the state and federal statutes. There is no colorable argument that § 7 goes beyond the ample limits of the Elections Clause's grant of authority to Congress. In speaking of "the election" of a Senator or Representative, the federal statutes plainly refer to the combined actions of voters and officials meant to make the final selection of an officeholder; and by establishing "the day" on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say. Pp. 71-72

2 U.S.C. United States Code, 1996 Edition Title 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
§ 7. Time of election
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.

There is the tool to declare the election void, IMO.

6 posted on 11/12/2022 3:02:02 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: philman_36

Kari Lake might have an issue with declaring void an election she expects to win.


12 posted on 11/12/2022 3:12:22 AM PST by one guy in new jersey
[ Post Reply | Private Reply | To 6 | View Replies ]

To: philman_36

That’s interesting. I think all election related cases have been thrown out for lack of standing. It seems the only party with an interest would be Congress. Neither McConnell or McCarthy will be a party to a “election denier” case.


42 posted on 11/12/2022 5:01:50 AM PST by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
[ Post Reply | Private Reply | To 6 | View Replies ]

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