Question: Is Early Voting Unconstitutional?

by Keli Sun Nov 02, 2008 9:08 am

Question: Is Early Voting Unconstitutional?
US Constitution

Here is what the Constitution says: "The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." Note the last several words. The election has to be on the same day throughout the United States. In my opinion, early voting violates this principle in two ways: 1. It says "day" not "days". Which means the election should be held on a singular day, not over multiple days. 2. It says "the same throughout the United States."

by SamCogar Sun Nov 02, 2008 9:45 am

I'm really fed up with all of you stating that "something is Unconstitutional".

Especially when you know damn well it ONLY HAS MEANING when a Judge or an elected Politician says it.

Question: Is Early Voting Unconstitutional? 33948

Question: Is Early Voting Unconstitutional? 33948

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by ziggy Sun Nov 02, 2008 11:16 am

SamCogar wrote:I'm really fed up with all of you stating that "something is Unconstitutional".

Especially when you know damn well it ONLY HAS MEANING when a Judge or an elected Politician says it.

That's what I've been tellin' 'em for years here, Sam. I am glad we agree.

by ziggy Sun Nov 02, 2008 11:23 am

Keli wrote:Question: Is Early Voting Unconstitutional?
US Constitution

Here is what the Constitution says: "The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." Note the last several words. The election has to be on the same day throughout the United States. In my opinion, early voting violates this principle in two ways: 1. It says "day" not "days". Which means the election should be held on a singular day, not over multiple days. 2. It says "the same throughout the United States."

I have had precisely the same thought the past few days, Keli.

The answer might lie in the Congressional legislation that sets the date for chosing electors. Does it allow states to implement absentee balloting and other alternatives to "same throughout the United States"? Has it been challenged? Has it been upheld?

I believe that candidacy requirements and other election and voting procedures for all federal offices should be uniform throughout the United States.

by sodbuster Sun Nov 02, 2008 1:43 pm

The day on which the electors cast their vote is uniform.

They do all convene and vote on the same day.

Far as I know.

by **SheikBen** Sun Nov 02, 2008 2:55 pm

If the Constitution is speaking of the Electors from the Electoral College, then the date of the popular vote would not be an issue here.

The first widespread popular vote for President was not until 1824 anyway, as the state legislatures were given the power by Article Two to decide how their state's electors were to be chosen.

by sodbuster Sun Nov 02, 2008 3:14 pm

"If the Constitution is speaking of the Electors from the Electoral College"

Of course they were talking about the electoral college.

And the electoral college does convene on the appointed day and cast their votes.

by ziggy Sun Nov 02, 2008 4:20 pm

"The Congress may determine the Time of choosing the Electors, .............................

by sodbuster Sun Nov 02, 2008 7:55 pm

Yes zig I saw that.

But it does not say the electors must be chosen on the same day does it?

Only that the electors cast their vote on the same day.

The whole process has been evolving it seems.

Personally I would prefer direct election of the Pres and vp.

But they didnt ask me.

So whatever you guys work out will be ok far as I am concerned.

by **SheikBen** Sun Nov 02, 2008 8:35 pm

ziggy wrote:
"The Congress may determine the Time of choosing the Electors, .............................

Yes Zig but the choosing of the Electors is still under the power of the state legislatures to direct, and that directing is not necessarily (at least Constitutionally speaking) a popular vote.

by ziggy Sun Nov 02, 2008 8:46 pm

That appears to be correct, SheikBen.

Article. II. - The Executive Branch Note
Section 1 - The President

...............................................................................................................................
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: .............

by ziggy Sun Nov 02, 2008 9:16 pm

From U.S. Code:

TITLE 3 > CHAPTER 1 > § 1

1. Time of appointing electors
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.

This tells the states when, but not how. So even if the states hold 3 or 4 weeks of balloting, culminating on the Tuesday next after the first Monday in November- and resulting in the appointment of electors then- it would appear to meet the federal mandate.

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