“impossible for Republicans to win the state.”
That’s all you need to know right there. What it amounts to is more of the wrong people’s vote being counted.
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For shits and giggles Democrats should file the same exact suit word for word in a state like Utah who does the same exact thing and sends ballots to every active registered voter. They can make the same argument for Democrats.
Just change it to: “impossible for Democrats to win the state.”
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Cuts to the Post Office are even less of an accident now than most other times when Republicans want to cut it.
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3 U.S.C. § 1: " The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President."
Since each state appoints its electors via popular vote, it means election day for those electors falls on November 3 this year.
However, § 2 also provides: “Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State shall direct.” So Nevada doesn’t have to finish counting ballots on Election Day. It can appoint the electors whenever they’re done counting, including late-arriving mail-in ballots.
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For the June primaries, every active registered voter affiliated with the GOP or the Dems was mailed the appropriate ballot. Among other things, Trump’s suit says the Nevada law is bad because it mails ballots to all registered voters, including “inactive” voters.
Trump’s primary complaint with the Nevada law does not apply to Utah, since mail-in ballots in Utah have to be received by Election Day.
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Thank you to the lawyers that take the time to read and can interpret/discuss the impact.
It’s one of my favorite things about this site. That and the excessive snark. 
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Wouldn’t the Tuesday next (or next Tuesday in modern parlance, as opposed to the “first Tuesday”) after the first Monday be 11/10/20? If not why not use “first Tuesday” instead of Tuesday next?
“[T]he Tuesday next after the first Monday” does not mean “the Tuesday of the next week following the first Monday.”
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Thanks, but that was a long way to go just to say “None.” I suspect no state has hamstrung themselves with a law that stops the vote count at midnight on election day.
Of course not, because every state chooses its electors via popular ballot. Section 1 would govern in the event that they were not chosen by popular vote, which, happily, every state has long ago foregone (but could legally bring back if they wanted to).
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So the statute demands the members of the Electoral College be appointed on Election Day? How does that square with some states not having completed their vote tallies on that day? Do states have their elector slates ready on Election Day and merely formalize them?
Which is one of the plans Trump is pushing to steal the election. Trump will demand that any close state that:
A) doesn’t finish counting the votes on Election Day; and,
B) has a Republican-led legislature;
should send a slate of electors appointed by the legislature instead.
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Where does the president get standing to sue a state on a state matter? This is purely a state matter.
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OMG Nevada made a law that the Republicans don’t like. Well, welcome to the club, pukes. This was an entirely democratic process enacted by their legislature. How many laws have people had to live with that Republicans passed along party line votes? This suit should be thrown out by a judge but I suppose the next question should be which judge gets this suit? And even if they get a sympathetic wingnut judge there’s no way a decision to negate the law will be appealed.
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Any legislature that did so would have its electoral votes disallowed by Dem majorities in the House and (fingers crossed) Senate.
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You’re assuming laws mean anything these days.
Not according to the plaintiffs, who are invoking federal constitutional and statutory law to attempt to invalidate the new state law as unconstitutional and preempted by federal law. It’s a bad argument on the merits, but standing seems completely unproblematic.
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I have a proposition - if laws no longer matter at all, why don’t you rob a liquor store for funsies this afternoon and see if any laws get applied.
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Section 1 provides the rule. Section 2 provides the exception. The exception has swallowed the rule.
ETA: Trump’s lawsuit is so dumb that it doesn’t even acknowledge section 2. It’s just “Hur dur, gotta appoint electors on November 3.”
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also, don’t we do this everywhere already for regular absentee ballots, provisional ballots, and all the overseas military and US citizens abroad votes? This is not a new thing that some votes are tallied after election day. The only real difference now is that it’s a much larger percentage of votes.
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