Could the problem with the wrong date be that voters were marking the date on the inner envelope with the date of the election?
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Why’d they write it so narrow?
My understanding is it’s not about informing the State. Rather it’s a certification. Same as when you sign and date at the bottom of a contract, your tax return, etc.
I’m probably the only person in the entire TPM universe who is neither surprised nor unhappy about this ruling. It’s what I expected
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[quote=“playitagainrowlf, post:31, topic:248920, full:true”]
Is the TPM den of iniquity open yet?
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It is a de-facto “Literacy Test” - there is no material value that it adds to the process - it does not serve any genuine “authentication” function - especially since - if it arrives after the cut off date - it does not provide any value or means of gaining legitimacy - in other words it adds nothing - but presents an opportunity for disqualification - based entirely upon the voter’s clerical skills… a skills test imposed unequally upon the absentee voter - that is not imposed on the in-person voter.
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While what you say even if true give license to result’s based opinions with the real result of judges legislating. Furthermore, even in the rare case where that may be arguably justified, it is not arguably justified in this case.
That is the alternative to the majority opinion is to count timely votes cast by those legally qualified to vote. I would hope that even if you think result’s based opinions are justified in some cases, such opinions should be rare and should not be applied to allow for throwing away legally cast votes.
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To say that congress was only concerned with the right to register to vote and not concerned with the right to actually vote is at best dumb and at worst voter suppression.
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Because the counting of spoiled ballots wasn’t a problem anyone was thinking of in 1965, whereas disfavored groups getting denied registration on the basis of immaterial errors in their paperwork was a huge problem in places (i.e., the South).
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But all 10,000 of these people actually voted. They just fucked up their ballots so that they don’t count.
Remember all those people in Palm Beach County back in 2000, who accidentally voted on the line for Pat Buchanan instead of Al Gore solely because of the confusing ballot design? An immaterial error, right? Sorry, their votes still don’t get counted for Gore.
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“One can only hope that election officials do not capitalize on the Majority’s narrow interpretation of the Materiality Provision by enacting unduly technical and immaterial post-registration paperwork requirements that could silence the voices of qualified voters,”
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Those were Democratic appointees? Which Democrat appointed them, Woodrow Wilson?
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Our Arizona mail in ballots hafta be folded correctly, then inserted in the white inner envelope and then signing and dating it then it is sealed and stuck in the outer envelpoe and that’s sealed. I take all of it myself to our County Recorder’s office so it won’t get lost in the mail. I don’t trust Mr DeJoy’s post office.
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I am guessing that handicapped citizen voters will regard this odious and unnecessary task as a non-monetary poll tax that seeks to deprive them of their birthright as a citizen - their RIGHT to vote. They may have no other options. In my opinion, odious requirements capriciously and corruptly deny handicapped citizens their rights.
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Except that the error here is admitted to be immaterial by all sides. A lot of errors might be argued to be material for one reason or another.
I think it arguably did say so.
I don’t think my interpretation of the language is the only possible one. You correctly point out that there are probably conceivable situations in which it “proves to much”.
That said, I don’t find your appeal to congressional intent or perceived concern very persuasive. And on the whole, I think there are straightforward readings of the plain language which support the dissent.
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A 3rd Circuit Court of Appeals panel ruled Wednesday that Pennsylvania can disregard mailed ballots that were received in time for the election but that lack a date or list an incorrect date on the outer envelope
What constitutes an incorrect date? I get that it has to be in the correct format, i.e. mm/dd/yyyy but other than that what would cause a date to be ruled incorrect? As a PA voter who always chooses to vote by mail and always puts a date in the correct format on the envelope I want to know how the date could be ruled incorrect? Could any random election official decide that the date I put on the envelope is not the date I filled out the ballot and throw out my vote?
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No. They did not not fuck up their ballots.
They fucked up the outside envelope that is not used or counted when tabulating the votes.
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So what? The statute still doesn’t protect immaterial errors in balloting, just in determining eligibility to vote.
No, because you just want a magical sky pixie to come down from the heavens and sprinkle angel dust on the statutory text to change it into a thing that it does not currently say. I agree, that would be a great outcome! Unfortunately, the law cares not what the magical sky pixies might do until they’ve done it. The majority clearly got this one right under the text of the law as it exists.
Again, the error is not on the actual ballot.
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“One can only hope that election officials do not capitalize on the Majority’s narrow interpretation of the Materiality Provision by enacting unduly technical and immaterial post-registration paperwork requirements that could silence the voices of qualified voters,” Shwartz concluded ominously.
GOP Officials Nationally: “Thanks, Your Honor, for the suggestion. We’ll get right on that. Let’s see…all dates must be written with a calligraphy pen with serifs no less than 3/16” in black or blue/black ink with a consistency of…"
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Well, these “straws” add up. They are counting on SCOTUS to be equally obtuse when this gets to them, and they will do everything possible to make sure it does not get there until after November.
Cheating is what they do. It is their only talent…governing sure as hell isn’t.
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