Election Day [Week][Month[s]] [Year] 2020 follow-along thread

Biden passed the 80 million vote mark!

I finally figured out who Joe Biden reminds me of (especially when he speaks).

Gerald Ford.

A GOP Judge finally caved in to trump:

… But if the Presidential race is already certified, what “further” certification is there to “halt”?

I am so fucking sick of this shit. This is just how it’s going to be for the next 2 - 3 weeks I guess.

If you want to end up before scotus you have to start somewhere. If you throw enough shit at the wall, something will eventually stick, that’s what he was counting on.

Maybe it’s just beginning to get weird! There could be weeks of this.

:::Shiver:::

The order blocking further certification was apparently automatically stayed when the state appeal to the PA Supreme Court. And the order only applied to down-ballot races, as the Presidential race had been certified the day before.

Sure, but the Supreme Court doesn’t do facts. If the factual record is extremely weak, and the trial judges kick the claims out with prejudice because the Republicans haven’t brought in any evidence of wide-spread fraud, only penny ante stuff about a few ballots here and there, that can’t get fixed on appeal to the Supreme Court. And the Supreme Court wouldn’t take it with no evidence.

Some analysis on what the news means (apparently not as much as it seems): Pennsylvania Judge Purports to Halt Election Certification | Law & Crime

From that article in PA about halting the certification process:

I’m hoping this means that there isn’t going to be a delay to the process.

There really can’t be. The Electoral College meets when it meets (Dec 14). Unless this judge (and any higher courts that hear a potential appeal) finds that the facts of the case require decertification (highly unlikely, but you never know what one particular judge might do), the electors that have already been appointed will vote in the state capital on that day, and then send their votes to Congress.

If it can’t have any effect on the electors, then what was the point of this:

To be completely honest nobody is sure. It doesn’t seem to have any practical effect other than giving more voice to those shouting fraud. It purports to give them their day in court (this Friday). The judge is an elected Republican, so it’s possible she just wants to polish her bona fides before the next election.

This particular case is about the constitutionality of the mail-in voting system this year (Act 77, I believe it was called in PA). As far as I know it doesn’t allege any fraud at all. The suit basically seek to throw out the entire election and have the state house appoint the presidential electors. It’s bonkers and will never happen. My guess is the state SC uses their powers to overrule this stay and possibly even dismiss the suit. If not, it will be dismissed on Friday.

Yeah, and oddly that act was passed back in 2019 and not a hint from anyone it was unconstitutional until trump lost the state.

The judge said that the prohibition on furhter steps applied to the presidential election, to the extent that there was still anything left to do, and applied a stay to all the down-ballot elections, since they had not yet been certified. (At least, that’s what I got from the news article.)

Since the Governor had already certified the presidential election results, the order by its own terms didn’t affect that election. Howefver, it appears to have frozen the certification process for all of the down-ballot elections, including the election of one of the plaintiffs, who is a candidate for the House of Representatives.

Which, apparently, the plaintiff won.

Lets say that there is found to be something that “technically” makes mail in votes illegal.
Is there an avenue for a judge to say
“screw that - to make this ruling, while technically correct, would lead to a patently absurd outcome. I’m just gonna go ahead and “allow” the law to be broken”

Yes, more or less the Courts have let the voters decide. They are very chary of throwing elections out.

Same with candidates who dont meet the legal requirements, once they are elected, the courts view is that the voters decided.

There are 2 arguments in particular that a judge might especially rely on:

  1. Hey, plaintiffs, you’re too late. The time to object to this act was back in 2019, when it was passed. You didn’t, so millions of Pennsylvanians went ahead and voted according to what they understood the law to be, and even if the law’s wrong it’s patently unfair to throw all these ballots out now. Next time, don’t wait around.

  2. The law may be thoroughly and obviously wrong, but the right of voters to cast ballots is tremendously important and what happened here in no way constitutes voter fraud. There are other ways of responding to the problem: firing people in charge, fining people in charge, mandating better training for election commissioners. So, we’ll choose one from a menu of those kinds of options, but the votes count.

If Mr. Throw-Out-the-Ballots doesn’t want his seat, I’m sure he could just decline it without all this rigamarole and his Democratic opponent would be happy to have it.

So is there any chance that this is just a huge “fuck you!” directed at Mike Kelly. If you want to mess with the certification of duly elected individuals, we will start with yours.