Thread: Florida recount
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Old 11-14-2018, 02:27 PM
RTFirefly is offline
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Join Date: Apr 1999
Location: Maryland
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Originally Posted by UltraVires View Post
Of course. I agree with that. If a law is unconstitutional, it should be challenged, even during the counting process. But so far, all I am seeing are rules about when ballots need to be returned and deadlines for recounts. I fail to see any possible constitutional issue with those.
Depends. Is the right to vote implied by the Constitution? All it says is that various groups can't be denied the vote on grounds such as race, gender, being between 18 and 21.

But does that mean that as long as everyone was denied the franchise, a state would still be vacuously complying with the 15th, 19th, and 26th Amendments, and would not be doing anything unconstitutional?

If not, then citizens have a right to vote. And presumably that right, and their right for their votes to be counted, can't be canceled simply by administrative failures of one sort or another that the voters themselves didn't have anything to do with.