Wisconsin GOP Appealing Fed Court Ruling Extending Mail-in Ballot Counting Beyond Election Day
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We’ve noted in recent weeks that Democrats are looking to steal as many elections as they can in November using widespread mail-in balloting, though no race is more important than the presidency.
But in addition to pushing for a heavier reliance on mail-in balloting (because Democrats know that those ballots go out to everyone on voter registration lists…which are notoriously out of date), Democrats in swing states are convincing friendly courts to change, literally, state election laws to allow for more opportunity to cheat – all because ‘coronavirus will kill us all,’ of course.
That said, Republicans in these states are finally beginning to fight back – which they must do if they are to preserve the integrity of elections in their state and ensure their voters are not disenfranchised.
In Wisconsin, for instance, Republicans are appealing a grotesque federal court ruling that essentially strikes down a state law that says mail-in and absentee ballots must be received by Election Day (because there is still plenty of time to get one in).
A federal judge ruled earlier this week to extend the cutoff to count absentee ballots by six days after the election, but the decision is being appealed by the GOP-controlled Wisconsin Legislature and is expected to make its way all the way up to the U.S. Supreme Court.
U.S. District Judge William Conley's decision came Monday after Democrats argued that an extension was needed to accommodate for the influx of voters requesting mail-in ballots, and allow them time to both receive and send back their votes just five weeks before the election.
Republicans have said there is more than enough time for absentee voters to arrange for their ballots to be submitted by the original cutoff of 8 p.m. on Election Day, and Wisconsin's GOP leaders said Wednesday they plan to ask the 7th U.S. Circuit Court of Appeals to put the ruling on hold pending appeal.
There have been similar extension rulings by state courts in Pennsylvania and Michigan -- and note that these are all swing states.
In fact, courts literally have no say in this. Election laws are passed by state legislatures and signed by governors; the Judiciary has no authority to extend or curb filing dates, in other words, regardless of voting conditions (a pandemic, an influx of mail-in ballots in a given year, etc.). If this were not true, then courts – not legislatures – would set the rules for elections.
Conservative talker Mark Levin has advised the GOP legislatures in these states to take immediate action to essentially nullify court orders no matter who issues them – state or federal judges – and reassert their proper legislative authority under the Constitution by simply insisting on following the status quo (existing law).
Other than that, the only other recourse Wisconsin’s GOP majority has if they lose their case on appeal is the U.S. Supreme Court – which, hopefully, will have another of President Trump’s nominees seated very soon.
Because they're running out of time.