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SCOTUS to Consider Taking Case on Constitutionality of Mail-In Voting (Joins with Brunson 1/6/23)
Lancaster Patriot ^ | 12/30/22 | Chris Hume

Posted on 12/31/2022 5:53:04 AM PST by C210N

...

The problem with these mail-in voting laws, Teufel said, is that they fail to specify a place for someone to vote when they vote by mail, which violates Article 1, Section 4 of the U.S. Constitution. The election clause in that section states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

Teufel said that this clause mandates that states must specify places where federal elections are held. Because the mail-in voting law in Pennsylvania does not specify a place, it essentially allows a voter to vote from anywhere in the world. By requiring a set location, the law allows people to observe the voting process and, he said, “verify that there is nothing being done incorrectly, no corruption, no bribery, no intimidation, et cetera, happening.”

...

(Excerpt) Read more at thelancasterpatriot.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: brunson; elections; scotus
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Like the Brunson case (22-380), this one too is slated for conference on 1/6/23. Yes, I know that cert is a long shot, but most requests for SCOTUS cert are ignored. Both Brunson and this case have dates for conference. This case, if taken up, has wide-reaching effects, as most states have mail-in balloting. The argument is straight-forward, as the Constitution states the legislatures choose the 'place' of voting, and that 'everywhere' is not a 'place'. Mail-in balloting is 'everywhere' in the world.

SCOTUS petition: The mandatory “shall” language in Article I, § 4 with regard to prescribing places for holding elections has no significance if states are instead free to allow voters to vote in federal elections literally everywhere and anywhere. Everywhere is not a prescribed place. It is a total failure to prescribe places for holding elec- tions to prescribe an unlimited number of places for voting.

1 posted on 12/31/2022 5:53:04 AM PST by C210N
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To: C210N

Two cases which are somewhat related increases the chances that one gets cert.


2 posted on 12/31/2022 6:00:37 AM PST by Dr. Franklin ("A republic, if you can keep it." )
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To: Dr. Franklin

What manner of government have you given us, Dr. Franklin?


3 posted on 12/31/2022 6:13:42 AM PST by one guy in new jersey
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To: Dr. Franklin

I certainly hope so. Mail-in voting changes elections into something close to American Idol. It allows and encourages voting on a whim. We’ve gone from discussions of the issues to whether the voter approves of the candidates’ hairstyle.

And btw, bald guys don’t stand a chance. How many bald heads are in Congress now? How many have had their hairs rearranged like the current resident?


4 posted on 12/31/2022 6:13:54 AM PST by Not_Who_U_Think
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To: C210N

This case might actually get consideration by the supreme court.

If it gets consideration by the supreme court—imho the supremes will rule against mail in balloting.

But this is a long shot. The courts have shown an unwillingness to get involved in the electorial process. Roberts would be decidedly against the supremes weighing in on this and if they did he would be in favor of allowing ballot harvesting—as would all the democrats on the court.

There are still enough conservatives on the court to make a majority. But ruling against ballot harvesting would take some spine.


5 posted on 12/31/2022 6:16:37 AM PST by ckilmer (q)
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To: ckilmer
But this is a long shot. The courts have shown an unwillingness to get involved in the electorial process.

Looks like that's about to change, and it appears because this time we have two cases citing violation of the Constitution where a court usurped the legislatures responsibilities.

Time will tell of course.

6 posted on 12/31/2022 6:21:33 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ckilmer

What you say might very well be true.

The fact is that mail in eliminates the sanctity of the voting place. With mail in’s there is no longer a reliable vote. At present for federal elections there is no voting at all

A collary to the decision should be a suggestion that for Federal Elections, tampering and fraud are capital crimes punishable by death within 90 days of conviction


7 posted on 12/31/2022 6:22:11 AM PST by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality daythis piece is )
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To: C210N

Mail-in voting another one of Nancy Pelosi’s Scams


8 posted on 12/31/2022 6:22:43 AM PST by butlerweave
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To: Not_Who_U_Think

Maxine Waters looks like she is wearing a wig, so who knows what’s under that?


9 posted on 12/31/2022 6:23:19 AM PST by Bernard (“the rights of man come not from the generosity of the state but from the hand of God." JFK 1-20-61)
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To: Bernard
"Maxine Waters looks like she is wearing a wig, so who knows what’s under that?"

If you lifted said wig what you would find would be large pile of brown feces like material......with a big mouth and no brains.

10 posted on 12/31/2022 6:36:19 AM PST by unread ("It's not enough that we do our best; sometimes we have to do what's required." W. Churchill.)
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To: bert

fwiw I agree with you.

but it ain’t about you and me.


11 posted on 12/31/2022 6:41:04 AM PST by ckilmer (q)
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To: C210N

Mail-in voting needs to be eliminated b/c of blatant fraud - vote harvesting (legal in California) needs to go too, which is related to mail-in ballots.

One day, pencil and paper. Period.

My neighbor received three mail-in ballots for the 2020 election at her home, one for someone who had lived their 10 years previously.

“Fair and Freest Elections Ever” ...my a**.


12 posted on 12/31/2022 6:47:25 AM PST by Bon of Babble (Rigged Elections have Consequences)
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To: usconservative

Looks like that’s about to change,

You can’t get too excited about court cases at this stage.

There were a bunch of cases that went before the supreme court for consideration that questioned obama’s eligibility to be president back in 2009.

We got pretty excited about them.

But the supremes voted not to bring them before the supreme court for consideration.

Just so this stuff looks good. Smells good. Has pizzaz.

But don’t get your hopes up.

Kari Lake had a great case and court slapped her down

With all that said—it would be wonderful if the supremes’ took up the case.

Currently the dems have voting process locked up in arizona pennsylvania and nevada. Without those states—there is no path to the presidency in 2024. They could run a gerbil for president and they’d still get elected. They’ve done it before.


13 posted on 12/31/2022 6:48:16 AM PST by ckilmer (q)
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To: ckilmer

Maybe the cartels paid off the Judge of Ms. Lake’s Court.


14 posted on 12/31/2022 6:51:04 AM PST by chopperk
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To: C210N

This is kind of a stretch. The article also mentions “manner” which is an option against “place”.

They’re better ways to argue against mail-in voting, like citizenship verification.


15 posted on 12/31/2022 6:54:56 AM PST by Magnatron
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To: ckilmer
With all that said—it would be wonderful if the supremes’ took up the case.

I'm not a lawyer (don't play on on TV, didn't sleep at a Holiday Inn either) however this court has started to develop a record of not allowing lower courts to over-step their Constitutional boundaries and at the same time chides state legislatures and congress to "do their jobs."

With that in mind, state courts clearly over-stepped their boundaries in ruling in favor of mail-in ballots and then those same courts slapped down the state legislatures for complaining about it.

Given the USSC's courage in overturning Roe v. Wade because of its own judicial over-reach, I'm hopeful they'll slap down the state and appellate courts for their own over-reaches as well.

Again, time will tell, and yet I'm hopeful. This time.

16 posted on 12/31/2022 6:57:41 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: C210N

Mail-in Voting Is Unsafe and Unsecure just the way the democrats like it


17 posted on 12/31/2022 7:04:55 AM PST by butlerweave
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To: C210N

Most requests are ignored IN CONFERENCE. All go to conference. Very few are accepted. Most don’t even merit a word.

Just another stupid case that will not be “discussed” on Jan 6. Just rejected. Like the other case you mention, the defendants didn’t even bother to respond. The defendants think it is a waste of their time to respond UNLESS the Court directs otherwise. Which hasn’t happened.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-414.html


18 posted on 12/31/2022 7:15:35 AM PST by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: ckilmer
If it gets consideration by the supreme court—imho the supremes will rule against mail in balloting.

Except for military, embassy workers and others required to be away from their normal USA homes. Add in medical, hospitalized and those in care facilities and the list gets pretty large. So exceptions????

19 posted on 12/31/2022 7:24:01 AM PST by Don Corleone (leave the gun, take the canolis)
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To: C210N

There are the disabled and seniors that have legit reasons to use mail-in. The key is for the state legislatures to step up and control the process (i.e., get off their butts and actually do something useful).

In GA in the 2022 Nov. General Election, only about 6% of the votes were mail-in. In other words, about 15 out of 16 votes were in-person, only 1 out of 16 were mail-in. Courts upheld the 2021 voter laws cutting back on mail-in, upheld ID required to vote, upheld elimination of almost all drop boxes.

Courts are letting state legislatures tighten up on voting requirments. Dems and the ACLU hate it. The key is getting legislators to do something.


20 posted on 12/31/2022 7:31:45 AM PST by Roadrunner383
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