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11-03-2020, 01:26 PM
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#1
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Premium Access
Join Date: Mar 29, 2010
Location: mo
Posts: 1,550
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Election question for any lawyers out there
I was curious about the nature of claims challenging election results that might be filed by Mr. Trump should he lose. Most of the actions filed to date seem to challenge ballots that arrive after today, etc. Question is: If an action is made and upheld, what is the likely remedy that the courts will require?
Not counting the affected ballots, but doesn't seem just to those voters following procedures at that time regardless of who was voted for. Is another possibility to invalidate all votes from affected jurisdictions and require those jurisdictions to hold a "repeat" election.
I saw hoping the rule of "ex post facto" would have relevance, but it seems to be restricted to criminal cases if I interpret correctly.
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11-03-2020, 01:45 PM
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#2
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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If Trump is behind will he them want to count all ballots postmarked by today?
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11-03-2020, 01:53 PM
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#3
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Premium Access
Join Date: Mar 29, 2010
Location: mo
Posts: 1,550
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WTF - kinda like his underwear - Depends.
Sorry. Couldn't pass that one up. I'm more interested in the questioned asked in terms of procedure.
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11-03-2020, 04:17 PM
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#4
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Valued Poster
Join Date: Dec 31, 2009
Location: dallas
Posts: 23,345
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DPST's already have suits drafted for every county in America they lose.
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11-03-2020, 08:00 PM
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#5
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Valued Poster
Join Date: Oct 31, 2019
Location: Miami, Fl
Posts: 5,667
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Quote:
Originally Posted by reddog1951
I was curious about the nature of claims challenging election results that might be filed by Mr. Trump should he lose. Most of the actions filed to date seem to challenge ballots that arrive after today, etc. Question is: If an action is made and upheld, what is the likely remedy that the courts will require?
Not counting the affected ballots, but doesn't seem just to those voters following procedures at that time regardless of who was voted for. Is another possibility to invalidate all votes from affected jurisdictions and require those jurisdictions to hold a "repeat" election.
I saw hoping the rule of "ex post facto" would have relevance, but it seems to be restricted to criminal cases if I interpret correctly.
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The possibilities are endless. As much as I like to play lawyer on this board, this is a bit to deep for me but with Amy on the bench, I feel good that we will get the proper legal interpretation.
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11-03-2020, 11:47 PM
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#6
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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how can we know if those mail in ballots are valid.. we don't know. they are not secure like money.
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11-04-2020, 06:02 AM
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#7
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Valued Poster
Join Date: Apr 22, 2011
Location: Omaha, NE nearby
Posts: 3,239
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The problem is that you have to look at each state. It is not an easy process to follow. Back when I was in college you had to have notary validate your signature on absentee ballots and have them postmarked on election day for them to count. The state I live in now has to have them in the election office by end of election day. I also like that this year during the pandemic they sent out post cards to every registered voter, that you had to return to get an official ballot. They then sent the ballot out via mail in a slightly larger white envelope. They had the ballot, instruction sheet, and a yellow envelope to put the ballot in and sign the outside of the envelope. Both envelopes had scanning bars so they could track the ballots sent out and the ballots returned. I have confidence in that system.
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11-04-2020, 07:09 AM
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#8
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by dilbert firestorm
how can we know if those mail in ballots are valid.. we don't know. they are not secure like money.
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They are NOT SECURE. Is YOUR mail secure?
But that's not the real "issue" with this "mailed" ballot BS.
How does Junior-Bird-Counting-Person KNOW the person named actually voted?
When I voted in person I was asked to present a photo-ID and it was scanned into a system that determined if I had already voted or not. I had to remove my mask.
There are videos circulating on the news channels with so-called voter-registrars "assisting" people to complete the ballot in person and then offering to take the ballot to the "post office" and in one in the Houston area the "assistant" was arguing with the VOTER about the choices she made on the ballot and that she had made an error in the selection she made ... .as in "you really meant to vote for Biden for President, didn't you?" (paraphrase)
That's why Bitten could sit in the basement ... the fix was on.
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11-04-2020, 08:25 AM
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#9
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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didn't think about notarizing the ballot. good idea.
the mail in ballot needs to have feature like the anti-counterfeiting devices embedded in the dollar currencies to prevent mass duplication of ballots. notarization won't be needed.
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11-04-2020, 08:32 AM
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#10
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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Quote:
Originally Posted by LexusLover
They are NOT SECURE. Is YOUR mail secure?
Houston area the "assistant" was arguing with the VOTER about the choices she made.
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Secure...so we should not count the military mailed in ballots?
Houston? You do realize Trump has won Texas,right?
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11-04-2020, 08:39 AM
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#11
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Valued Poster
Join Date: May 20, 2017
Location: Kansas City
Posts: 5,453
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The first thing to do would be an injunction against counting the ballots or mixing them with the other ballots.
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11-04-2020, 08:41 AM
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#12
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Premium Access
Join Date: Mar 29, 2010
Location: mo
Posts: 1,550
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Gentle reminder. I was not asking if the ballots in question were invalid. I am looking for input on what the potential recourses are IF they are declared invalid from a legal standpoint. Throw them out, new election, etc. As things stand now, this question is more relevant. Not interested in dogmatic opinion, but am interested in learned discussion.
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11-04-2020, 09:40 AM
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#13
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by WTF
Secure...so we should not count the military mailed in ballots?
Houston? You do realize Trump has won Texas, right?
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I have a separate opinion on govt people voting.
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11-04-2020, 09:48 AM
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#14
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Lifetime Premium Access
Join Date: Nov 16, 2013
Location: Baton Rouge
Posts: 6,123
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Quote:
Originally Posted by reddog1951
Gentle reminder. I was not asking if the ballots in question were invalid. I am looking for input on what the potential recourses are IF they are declared invalid from a legal standpoint. Throw them out, new election, etc. As things stand now, this question is more relevant. Not interested in dogmatic opinion, but am interested in learned discussion.
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The is pretty clear that all cast ballots must be counted unless the ballot is found deficient. If the SC were to twist themselves into a pretzel and say “don’t count these legal cast votes”, there would likely no longer be a SC. Since they lack any authority to enforce their legal interpretations there would likely be a federalist crisis as voting is determined by the states.
It’s possible a state could continue counting and send electors to the electoral college to reflect their voting. There’s not much a court or anyone could do to stop that.
Remember it’s in the states interest to count their votes as there are also local races at issue and stopping vote counting effects more than the federal elections.
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11-04-2020, 09:50 AM
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#15
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Valued Poster
Join Date: Jan 3, 2010
Location: Clarksville
Posts: 61,265
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Trump will be out come January 27
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