Shofercia wrote:Alien Space Bats wrote:Of course, the Roberts Court could hand down a ruling eliminating early voting and ordering all votes cast thus far to be thrown out, so there are still other ways for Romney to win Ohio...
... I must admit, the italicized part worries me quite a bit, I mean how would that even work? Is this America, or Ireland voting for a Lisbon Treaty, or Ukraine electing a president? (In both cases, Ireland + Ukraine, in part because those in power didn't like how the vote went, a revote was held.) I thought something like this was Unconstitutional in the US, so I'm wondering how that's possible, can ASB, or someone else, clarify?
The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
- Article I, Section 1, Clause 4
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
- Article I, Section 1, Clause 2
The argument against early voting would primarily be that, unless specifically authorized by Congress, State laws allowing the pratice violate Article I, Section 1, Clause 4, which reserves to Congress broad authority to specify "the Time of chusing [sic] the Electors". Note that the reference to voting taking place on a single "Day [which] shall be the same throughout the United States" is a reference to the meeting date of the Electoral College and not what we think of as "Election Day".
I personally feel that this is an exceptionally weak argument; so long as all votes are held and not counted until "Election Day", then Article I, Section 1, Clause 4 takes precedence and permits the practice. But there are conservatives out there who disagree.





