Quote:
Originally Posted by Brian Swartz
That would have been nice. From other sources, the argument I've heard is this:
** Congress set the date for the election over 150 years ago.
** The Pennsylania court decision requires ballots to be accepted after that date, including mandating a presumption they were sent on time if there isn't evidence to the contrary.
** This puts that court in a position of contradicting the date Congress established.
** Equal protection - any extension of the federally determined voting date done in Pennsylvania is discriminatory if it doesn't apply to all states.
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Many states already allow votes to be counted as long as they are postmarked by election day. Actually you would think equal protection would force all states to do the same. This argument really boils down to almost the abortion argument. "When is a vote a vote?" Congress set the date that all votes must be made, but that obviously doesn't mean counted (many states counts go way past election day). So, does it mean when the election board gets the vote, or is it when the it is marked and sent? I would say marked and sent, because that shows complete intent to vote.