Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Samantha

(9,314 posts)
13. Maybe they can't Constitutionally do so
Sat Nov 9, 2013, 07:49 PM
Nov 2013

David Bois made the point with regard to Election 2000 that the Republicans were threatening different maneuvers that were not outlined in their state constitution. He said that once the votes were cast but before the outcome is determined, any changes made in the process could not take effect until THE NEXT ELECTION. His point exactly was you cannot change the rules in the middle of the game. To do so is in effect attempting to change the outcome.

One example of what he was talking about was the legislature's threats that even if through a recount Gore overtook Bush in the numbers, the Florida Legislature would still still send a Republican slate to be counted on the Commonwealth's behalf. That would not have been Federally Constitutionally permissible. So if there is no provision in Virginia's state constitution that in the event of a challenge or contest to the election those who had provisional ballots cast had to appear in person to authenticate their votes at a subsequent time, it is entirely possible that provision could be challenged in court.

If a Constitutional attorney challenged this, perhaps this condition could not be let stand.

Sam

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»VA Provisional voters NEE...»Reply #13