By Brian Cates
For the past five weeks, citizens of the United States have been getting a civics lesson on how federal elections are supposed to be held. Deviation from what the Constitution clearly establishes has reached a tipping point because of the way certain states handled the election.
The way that Georgia, Pennsylvania, Wisconsin, Michigan, Arizona, and Nevada carried out the Nov. 3 election has now brought them into blatant and clear conflict with the Constitution itself.
The Constitution says there is a designated Election Day with very real deadlines for voting. There is no reference in the Constitution to “Election Week” or “Election Month” or even an “Election Quarter-Year.” Votes are to be cast within a single day, and the votes are to be counted at the end of the deadline period.
Various states have, over the years, deliberately undermined this Constitutional limit by passing state laws that essentially have drawn out elections for federal offices so they last for a week or more. In 2018, Democrats in California used state laws about ballot-harvesting to flip several House of Representative races after the official Election Day. In one blatant instance, Republican candidate Young Kim saw a 14-point lead on Election Day somehow disappear.
As I write this, Election Day was over a month ago. And yet, states such as New York are still finding and counting votes. This is not how federal elections are supposed to be conducted. Constantly shifting election deadlines invites fraud and errors, especially in the close contests. Democrats in many of these blue states have been incrementally gaming the federal election process for years, pushing the deadlines back further and further after Election Day to give them time to find enough votes to flip close races.
The President warned of massive fraud on the horizon
President Trump was sounding the alarm early and often this year about how governors, secretaries of state, and state Supreme Courts were deliberately going around their states’ legislatures to rewrite or even introduce new election laws.
When Attorney General William Barr warned in June about the mail-in fraud issues when multiple states suddenly changed their election rules, President Trump tweeted Barr’s concerns:
The President also tweeted out that same day:
One of the chief arguments made against the mass mail-in ballot schemes being prepared by blue states was that it was obvious they were fully planning to take weeks to count all of the votes.
While the governors and state Supreme Courts were busy quickly rewriting election laws and cutting the state legislatures out of the process, the Constitution is clear: It’s those state legislatures that pass election laws and set election deadlines.
Governors such as Brian Kemp in Georgia and secretaries of state including Kathy Boockvar in Pennsylvania, plus state Supreme Courts such as the one in Nevada pointed to the hysteria ginned-up over COVID-19 to justify their actions.
It was stated at the time these arbitrary changes were being implemented that this extra-legal activity was unconstitutional on its face, and now it appears the Supreme Court is going to take up the matter thanks to a new Texas lawsuit.
On Tuesday morning, news broke of a lawsuit filed just before midnight by the State of Texas against Georgia, Michigan, Pennsylvania, and Wisconsin. By arguing that the methods employed by these four states for altering federal election procedures are in direct conflict with the Constitution itself, Texas has managed to bypass all the other courts and take this straight to the SCOTUS. Later in the day, the Supreme Court indeed added the Texas lawsuit to the official SCOTUS docket and the SCOTUS has now given the four states being sued until Thursday, Dec. 10 by 3 p.m. to file their responses to the Texas lawsuit.
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