Boots & Sabers

The blogging will continue until morale improves...

Owen

Everything but tech support.
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2005, 26 Oct 20

Mailed Ballots Must Be in Officials’ Hands by 8 PM on Election Day

Court upholds clear language of the law.

The United States Supreme Court on Monday upheld Wisconsin’s voting laws requiring absentee ballots be in election officials’ hands by the time polls close at 8 p.m. on Election Day, Nov. 3, the Milwaukee Journal Sentinel reported. The Supreme Court’s decision was decided 5 to 3.

Democrats challenged the law, saying the Election Day deadline should be extended because of the Wuhan coronavirus pandemic. They unsuccessfully argued that ballots should be counted as long as they are postmarked on or before Election Day.

Republicans made the argument that election rules shouldn’t change in the face of the pandemic.

The contentious decision comes after a federal court of appeals upheld a six-day extension for ballot counting.

Chief Justice John Roberts was the deciding factor in this vote, although he joined with the liberal justices to extend ballot counting in Pennsylvania. According to the chief justice, the two states are vastly different.

 

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2005, 26 October 2020

45 Comments

  1. Kevin Scheunemann

    Outstanding!

    Way it should be!!!!

  2. steveegg

    Minor note on the source material – Townhall got the ultimate 7th Circuit ruling wrong because they didn’t pay attention after the Wisconsin Supreme Court affirmed the Legislature had standing to intervene in the case.  It stayed Judge Conley’s extension, so it isn’t a reversal of the Circuit.

    Back to the substance – Justice Kavanaugh’s lengthy concurrence is a worthy read, even for non-lawyer types.  Both that and Justice Gorsuch’s shorter concurrence suggest that the Pennsylvania case, where the Republicans have petitioned SCOTUS to rule on the merits of that case, may also be reversed, especially if freshly-sworn-in Justice Barrett participates.

  3. MjM

    @ Eggman: thanks for the link.

    Seems logical, eh ? ….

    “Voters who, for example, show up to vote at midnight after the polls close on election night do not have a right to demand that the State nonetheless count their votes. Voters who submit their absentee ballots after the State’s deadline similarly do not have a right to demand that the State count their votes.” – Kavanaugh

    Reading the Kagen-written dissent made me grin. Denial of of state legislature right of oversight (“And if there is one area where deference to legislators should not shade into acquiescence, it is election law. ”), no reply to Kavanaugh discussion of endless, mindless deadlines.

    Try following this Kagan logic:

    “ In responding to this dissent, the concurring opinion acknowledges that in-person voting in Wisconsin ‘can pose a health risk.’ Yet in condemning the injunction, it continues to insist—how else could it reach the decision it does?—that going to the polls is “reasonably safe” for Wisconsin’s citizens,”

    IOW, if IPV is not 100% health-risk free, any and all extended ballot deadlines – a week, a month, six months, whatever – is just peachy keen.

    Let’s hope no one going to vote in person pokes themselves in the eye with a pen, gets run over by a bus, or slammed in the head with by some antifa puke with skateboard because if it where Kagan’s prerogative we’d be voting until next February.

  4. penquin

    Did Kavanaugh address people who got in line at the polls before they closed, but didn’t make it in to actually vote by the 8pm deadline? It would appear he would say those votes shouldn’t be counted, no?

  5. Mar

    Those situations are already accounted for penquin.
    If they show up before 8, then they can vote, if they show up at nine they cannot.

  6. Mike

    Penguin,

    At poll closing everyone in line is at the polls. An election official is posted at the end of the line to turn away anyone else that shows up after the polls close

  7. dad29

    suggest that the Pennsylvania case, where the Republicans have petitioned SCOTUS to rule on the merits of that case, may also be reversed, especially if freshly-sworn-in Justice Barrett participates.

    Yup.  That quote from the Constitution that ‘the LEGISLATURE sets the election rules’—not the Governor, not a Fed Judge, not the Abortion Barbie “Health Minister,”………

    Heh.

  8. penquin

    I am aware that currently people in line at the polls would be allowed to vote – but the way Justice Kavanaugh worded his concurrence suggests he would be against such a thing.

     

  9. Jason

    > That quote from the Constitution that ‘the LEGISLATURE sets the election rules’

    I want to get that printed on boxes of tissues so I can hand them to all the liberal’s wallowing in tears this morning.

  10. Jason

    >but the way Justice Kavanaugh worded his concurrence suggests he would be against such a thing.

    Why don’t you quote what makes you feel that way… because I don’t get that at all from what was written.

  11. penquin

    “Voters who submit their absentee ballots after the State’s deadline similarly do not have a right to demand that the State count their votes.”

    Much like the absentee ballots that are postmarked yet not delivered in time to be counted, the voters in line at the polls haven’t actually submitted their ballots prior to the deadline either.

     

  12. Jason

    >the voters in line at the polls haven’t actually submitted their ballots prior to the deadline either.

     

    You don understand the definition of the word “Absentee” and also understand how it would not apply to “voters in line at the polls” in any way?  Right?  I am hopeful, yet reserved.

  13. penquin

    I don’t understand what you’re trying to say…is the second word in your post “do” or “don’t”?

    But yes – I do understand that people voting in person aren’t voting absentee. I also understand that he wasn’t actually ruling on people standing in line. And I understand that you claim to have no understanding at all in what I am saying or asking….tho I don’t understand if you are being sincere when you say you don’t understand it at all. Seems like a bit of trollin’ to me…’cause while I do understand that you may not agree with what I am saying here, I can’t understand how you can not understand what is being said.

    If you are simply trolling then I understand nothing can be said which will satisfy you; while if you are sincere about it befuddling you then I don’t understand how I can make it any more clearer for you to be able to understand.

    So with all that in mind – hope you understand what is meant when I say “Good day, sir & God bless”

  14. Jason

    You do understand that Poll Hours are codified in State Law, right?  You do understand that this law actually spells out how to handle any elector standing in line when the polls close at the prescribed time?

    If you don’t then I suggest you read up on 6.78 from the Wisconsin Legislature.  It’s there black and white.

    You do also understand that the US Supreme Court’s decision when distilled down, simply said “We’re not going to re-write state law on elections”?  Which as I said just before is well written, clear, concise, and beyond contestation with regards to electors in line when Polls close, right?

    So that leads me to ask, who’s trolling here?  I cannot understand why you would take what Justice Kavanaugh wrote as him being against such a thing like 6.78(4), and even if he did, that it would concern you enough to comment on it as if he would fight to subvert 6.78(4) on his own from the bench?  Trolling, indeed.

     

  15. penquin

    It seems that you don’t understand that Justice Kavanaugh didn’t just point to the state law in his concurrence, but rather he decided to go further by explaining why he personally thought those ballots should be thrown away & not counted.

    And you also don’t seem to understand that the Supreme Court (either state or federal) can overturn laws which are on the books…regardless if they are printed in black&white or any other color in the spectrum.

    As stated before –  Good day, sir…and God bless.

  16. Jason

    >It seems that you don’t understand that Justice Kavanaugh didn’t just point to the state law in his concurrence, but rather he decided to go further by explaining why he personally thought those ballots should be thrown away & not counted.

    No I understand completely Justice Kavanaugh’s detailed explaination.  It’s clear he did that to explain to the idiotic mob of liberals that the Law is Crystal Clear as written and if you want to change it, do it the constitutional way, via your legislature, not the judicial branch.

    >And you also don’t seem to understand that the Supreme Court (either state or federal) can overturn laws which are on the books…regardless if they are printed in black&white or any other color in the spectrum.

    So it now seems to me that you’re worried due to a “Chicken Little” complex?  Following your logic, the SC has always had that power, why is it suddenly an issue with you, today of all days?  We have many recent examples, and countless historical examples of the SC not taking bench legislation of State Law lightly… generally only done when said law is viewed unconstitutional.  Are you really arguing that Justice Kavanaugh’s words

    “Voters who submit their absentee ballots after the State’s deadline similarly do not have a right to demand that the State count their votes.”

    leads you to believe he thinks 6.78(4) is unconstitutional and ready for him to re-write?  Really?  Honestly?  Or were you attempting to troll?  I feel you are.

  17. penquin

    So it now seems to me that you’re worried due to a “Chicken Little” complex?

    No, I have no worries what-so-ever regarding that ol’ Mother Goose tale.

    As mentioned already, it is obvious you are either unable to understand the point I was trying to make or you are pretending to not understand. Either way, I do understand that you are now decided to play some silly games, complete with silly name-calling, and that is something I have no desire to engage in.

    Good day Sir, and God bless ya.

  18. Mar

    “Voters who submit their absentee ballots after the State’s deadline similarly do not have a right to demand that the State count their votes.”
    I am not sure why that is not clear?
    Same thing with those who are in line.
    The state or municipalality says be in line by a certain time, you need to abide by those rules.

  19. Jason

    >No, I have no worries what-so-ever

    So your posts earlier were just trolling a blog of opposing beliefs of your own.  Cool, you do you, have fun.

  20. penquin

    So your posts earlier were just trolling a blog of opposing beliefs of your own

    Nope, I was not trolling at all. Was (and still am) sincere in my musings & comments regarding this topic. But your constant accusations & personal attacks are the very definition of “trolling”, and it is obvious you are more interested in picking a fight rather than having a good faith discussion.

    Again – Good day Sir, and may God bless your heart.

  21. Jason

    Hey high-and-mighty, scroll back through this discussion… you started the accusations of trolling and who was being befuddled by simple thoughts. But I get it : you’re a typical troll pussy who has to run and hide when your thin skin is pricked by a simple question. Enjoy!

  22. penquin

    While scrolling back it can be seen that while I did contemplate if you were trolling or not, you flat-out stated I was being a troll and then followed that up with a few boorish put-downs.

    I frankly don’t understand why you feel the need to throw this lil’ temper tantrum while spitting out these junior-high insults. I answered your simple questions and then wished you well. So why you so mad, bro?

  23. Jason

    Looks like I called it right, a thin-skinned troll.  Cheers!

     

  24. penquin

    Looks like I called it right, a thin-skinned troll. 

    Thicker skin than you have, dude. You’re the one having the meltdown, not I.

    As I just said, I truly don’t understand why you feel the need to behave in such a childish manner. I answered your simple questions (while you ignored my simple questions) and then wished you well. So why you so angry, bro? 

  25. Jason

    A last word freak too.   Look up buddy, I answered your questions.  You start the questions of someone trolling, then bitched out when I responded with similar of trolling.  I quite honestly responded exactly as you did, until I got tired of your boorishness.

     

    But, yeah, I’m mad, so furious right now….  haha

  26. penquin

    A last word freak too.

    Heh – you taunt me by claiming I am running away from your remarks, and then you taunt me for responding to your remarks. What’s next – you gonna also taunt me by calling me out in threads I ain’t even participating in?

    *rolls eyes*

    Are you even aware of how childish you are looking right now? Or is this type of behavior considered “normal” among your family & friends?

  27. Jason

    >Heh – you taunt me by claiming I am running away from your remarks, and then you taunt me for responding to your remarks. 

    Running away as in “OMG you hurt my feelings by asking if I’m trolling”, and after you asked if I was trolling.  You acted all butt hurt by my using your exact words as you used them towards me.  That kind of running away.

    >Are you even aware of how childish you are looking right now? Or is this type of behavior considered “normal” among your family & friends?

    No more childish than you have acted in this discussion.  And again, you started it, nah nah boo boo.

  28. penquin

    I am hopeful, yet reserved

    This is where you started in with me, and you escalated it from there.

    If you truly beleive I started in on you prior to that trollish & antagonistic comment then please point it out. And if you truly beleive that I called you vulgar names prior to you slapping the label of “pussy” and “butt hurt” on me then please point that out as well.

    I answered your questions.

    Not true at all. In fact, looking back at the thread it appears you haven’t answered any of the the questions asked of you and instead you decided to berate me with various misogynistic insults. If you sincerely beleive you have answered ’em then please show me exactly where you answered the very first question I asked of you and we can move on from there…

  29. penquin

    According to this article, there are many factual mistakes in Justice Kavanaugh’s concurrence. They go into detail about each of these:

    Mistake No. 1: Vermont hasn’t changed its election laws in response to the pandemic
    Mistake No. 2: States declare the winner of an election on election night
    Mistake No. 3: The Supreme Court unanimously endorsed a radical theory during the 2000 election litigation.
    Mistake No. 4: There is a rule against federal courts changing voting rules before an election.
    Mistake No. 5: No one thinks they can return their ballot by Election Day if they request it by Oct. 29.

    They also go on to list other “confusing and dishonest aspects of Kavanaugh’s opinion”, including one directly connected to our State Legislature. 

    At first glance their explanations about the mistakes seem to be correct, but I haven’t dug too deep into it myself. If anyone wishes to politely fact-check those claims then please have at it.

  30. Jason

    ?In fact, looking back at the thread it appears you haven’t answered any of the the questions asked of you and instead you decided to berate me with various misogynistic insults. If you sincerely beleive you have answered ’em then please show me exactly where you answered the very first question I asked of you and we can move on from there…

    Ah I see the problem, you’re too stupid to understand what you’re saying.  You said I didn’t answer your questions… So I took a minute, because I was seriously worried that you were correct and I that I had in fact overlooked your questions.

    I do see now that you did ask me exactly two questions and both were after you accused me of trolling and “picking a fight”.

    Question 1) So why you so mad, bro?

    Question 2) So why you so angry, bro?

    Both could be considered conclusively answered later when I said

    >But, yeah, I’m mad, so furious right now….  haha

    Of course that was sarcastic, but you might have missed that, since you don’t even seem to understand what a question is.  Jesus dude, just give up for the day, get some thicker skin and come back ready to discuss things rationally.

    So, to show how much more mature I am than you; I’ll move on from here and leave you to your embarrassment.

  31. Jason

    >If anyone wishes to politely fact-check those claims then please have at it.

    I’m going to go out on a limb …  No one here cares about a Neck Bearded Slate  opinion writer trying in vain to fisk a sitting United States Supreme Court Justice’s opinion.

  32. penquin

    you’re too stupid

    Heh – you accuse me of being all high&mighty, yet you spew crap like this.

    I took a minute, because I was seriously worried that you were correct and I that I had in fact overlooked your questions

    Perhaps you should have taken more than a mere minute, ’cause you still missed the first question I asked.

    come back ready to discuss things rationally

    You truly beleive that calling other people a pussy, butt hurt, stupid, and all kinds of other junior-high insults is discussing things rationally? As stated before, perhaps that is the norm for when you chat with your family & friends but that is considered rude (rather than rational) among most other folks.

  33. penquin

    I’ll move on from here

    Ha! Not only did it take less then 10 minutes for you to backpedal on this, but you also couldn’t provide a rational response to what was said and instead resorted to more of your personal insults & junior-high putdowns.

     

  34. Jason

    >I don’t understand what you’re trying to say…is the second word in your post “do” or “don’t”?

    So, this is what caused you to accuse me of trolling, and question my comprehension abilities?  And then when I escalated my responses to match your verbiage, that’s when you brought out your professional victimhood?   And please, if that’s not what you are referring to, please quote it for us all to see, instead of playing this stupid game, pussy troll.

    >You don understand the definition of the word “Absentee” and also understand how it would not apply to “voters in line at the polls” in any way?

     

    That should have been “You do understanding the definition of the word ‘Absentee’…”

     

    I thought that would be clear as day to any one questioning another’s comprehension abilities.  My bad, you’re dumber than I thought.

    >but that is considered rude (rather than rational) among most other folks.

    So are your backhanded insults, which directly lead to my rudeness in response.  But as a professional victim you would never understand that.

  35. Jason

    >That should have been “You do understanding the definition of the word ‘Absentee’…”

    Oh man, I’m so sorry, I sense another question coming from you…

    So I’ll try again

    “You do understand the definition of the word ‘Absentee’…”

     

    Better, dummy?

  36. penquin

    So, this is what caused you to accuse me of trolling

    Nope, ’twas not that bit. I already repeatedly pointed out exactly where it first appeared you were behaving in a hostile & trollish manner, most recently at 4:30 (assuming the time stamps are the same for everyone). Are you one of those “dense” people who need it bolded?

    I escalated my responses to match your verbiage

    Please show me exactly where, prior to your 9:11am comment, that my verbiage towards you was trollish and/or a personal attack….’cause that is when you first started escalating things towards me. And then afterwards you ramped it up even more with the constant childish insults.

    I gotta admit – it is both amusing & alarming at how worked up you have got yourself over this…haven’t seen someone meltdown like you are doing in a loooong time. Is this how you usually act or is there something else going on in your life that has you especially on edge right now?

    Either way – perhaps you should stick to what you said earlier and just move on to something else. I’m afraid you might do some serious harm to yourself if you don’t calm down soon.

  37. Jason

    Well show us all the question tough guy, since you’ve got us all “on edge”.  LOL.  Your gaslighting is actually pretty weak.

    >Please show me exactly where, prior to your 9:11am comment, that my verbiage towards you was trollish and/or a personal attack….’cause that is when you first started escalating things towards me. 

     

    Three parts to this one, please try to keep up… you haven’t been able to so far…

    1)  If “” is what got your panties twisted, then I was 100% accurate with the thin skinned part.

    2)  No one mentioned the word “troll” until your comments @ 9:36 AM.

    3) Second request, please show me exactly where you asked a question that I didn’t answer, prior to 9:36 AM (Assuming duhhhh timestamps).

  38. penquin

    You don understand blah blah blah and also understand blah blah blah?  Right?  I am hopeful, yet reserved.

    You do understand blah blah blah, right?  You do understand that blah blah actually blah blah blah prescribed time? You do also understand blah blah blah?  Which as I said just before is blah blah blah, right? I cannot understand blah blah blah.

    Blah blah blah the idiotic mob of liberals blah blah blah the judicial branch. So blah blah blah “Chicken Little” complex?  Following your logic, the blah blah blah blah blah suddenly an issue with you, today of all days? 

    So your blah blah blah just trolling a blog of opposing beliefs of your own.  Cool, blah blah blah, have fun.

    Blah high-and-mighty, scroll back through this blah blah blah being befuddled blah blah. Blah blah you’re a typical troll pussy blah blah run and hide blah blah blah is pricked blah blah blah. Enjoy!

    Blah blah blah, a thin-skinned troll.  Cheers! A last word freak too.

    Look up buddy, blah blah.  You start the blah blah blah blah, then bitched out blah blah blah responded blah blah blah trolling.  Blah blah honestly responded exactly as you did, until I got tired of your boorishness. But, yeah, I’m mad, so furious right now….  blah blah. Running away blah blah “OMG you hurt my feelings blah blah blah”, and after blah blah blah blah trolling.

    You acted all butt hurt by my blah blah exact words blah blah blah towards me.  That blah blah running blah.

    Blah blah blah blah you started it, nah nah boo boo.

    Ah blah blah blah, you’re too stupid to understand blah blah blah.  Blah blah didn’t answer your questions… Blah took a minute, blah blah blah blah seriously worried that you were correct and I blah blah blah overlooked your questions. I do see now blah blah blah blah you blah blah trolling blah “picking a fight”.

    Blah blah blah that was sarcastic, blah blah blah missed that, since you don’t even blah blah blah blah. 

    Jesus dude, just give up for the day, get some blah blah blah come back ready to discuss things rationally.

    So, to show how much more mature I am than you; I’ll move on from here and leave you to your embarrassment.

    So, this is blah blah blah blah blah?  And then when I blah blah blah blah blah blah, blah blah professional victimhood?   And please, if that’s not blah blah blah blah blah this stupid game, pussy troll. I thought blah blah blah blah blah blah, you’re dumber than I thought. So are your blah blah blah blah blah blah my rudeness in response.  Blah blah professional victim you blah blah understand that.

    Better, dummy? Well blah blah blah blah tough guy, since you blah blah blah.  LOL.  Your blah blah blah weak.

    *sigh*

    Reckon this is about where I throw my hands up in the air and say “But no one can reason with this fellow.”

    Or maybe some folks can. Truth be told, I hadn’t really noticed this doofus until today – is this his typical behavior or is he just having a bad day?

  39. Jason

    Panties twisted, that must have taken you a couple of minutes. I love living rent free in moron’s heads.

  40. Le Roi du Nord

    Pen:

    You are too kind. Doofus doesn’t even come close to the juvenile behavior j puts on display every day.

  41. penquin

    that must have taken you a couple of minutes

    While it may seem pretty impressive to someone of your stature, rest assured that composing that summary of your responses wasn’t difficult at all.

    Doofus doesn’t even come close to the juvenile behavior j puts on display every day.

    I know its wrong for me to punch down like I have been, but it is somewhat fascinating watching him become absolutely unhinged. Haven’t seen anything like it in quite a while.

  42. Le Roi du Nord

    Pen:

    j and mar, and no doubt others, are seeing that the end is near for trump and his reign of juvenile name calling. They are just getting in their feeble licks while they still can.

  43. Jason

    I love that rent free living space.  Especially when it’s as roomy as Leroy and penguin’s empty heads.

  44. penquin

    I love that rent free living space

    That was one of the last things you said last night and it was the very first thing you said upon returning this morning. You also have been jumping from thread-to-thread, calling my name out even when it isn’t relevant to the convo at all.

    Who is living in who’s head?

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