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To: LS
Following your logic, if Hillary dropped dead after early voting began and was replaced on the ticket, we'd be in the same mess. I don't see anything at that point but accepting that the pre-death votes were for the new ticket. If that's incorrect, the legal solution would be to toss out the pre-death ballots, which would create a different legal mess. It might be a "Cruz move," but from the point of view of the law, not politics, it would make sense.

The Constitution states that federal elections must be held on the same date, and we settled on our current date in 1841 (I think). This is why a Florida revote was constitutionally impossible in 2000. I even question if early voting is constitutional, but that's for the courts to decide if a challenge ever arises.

As to whether Hillary is replaced because she dies, becomes a vegetable due to a stroke, or leaves for other reasons of health, the legal situation is the same even if the political situations are different. Because of the wording of the Constitution, I have a hard time seeing how any body other than a state legislature would have jurisdiction to decide matters, no matter how many scofflaw courts, like the Florida Supreme Court, chose to claim jurisdiction. If I remember correctly, the Florida legislature had a slate of Bush/Cheney electors ready to go if the Florida Supreme Court continued its obstructionist behavior by the time the Safe Harbor Date came around.

Admittedly, law is one thing and politics another, but I have problems with your scenario. From a legal perspective, it's not intuitively obvious.

134 posted on 09/11/2016 8:39:18 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

I don’t know how to answer: you agree the states are supreme on this; and that any votes for a dead person ( or one kicked off the ticket) would be null and void.

That is precisely my point. Courts would refuse to ratify the “early votes” which would deny the Dems multiple thousands of votes and count only new ballots. Dems lose. Those people sue based on Bush v. Gore saying they were deprived. They are right. But the only situation is a whole NEW revote.

Despite the “elector tweak” I don’t think you can get around Bush v. Gore. All vote based on same ballot or none do.


136 posted on 09/11/2016 9:27:49 PM PDT by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually" (Hendrix))
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