TemporalFlux wrote:I do believe it’s important to clear up. If a Secretary of State or lower court is going to have the power to change rules (like signature verifications) unilaterally, then that can later swing against Democrats as easily as it swung in their favor. It’s all in the whims of one person, and that’s not the system of government we’ve had.
I agree with this. The problem is that it's not just a matter of the law. It's a matter of much more than the law. And while Supreme Court robots might be able to see it black and white, I think there's so much riding on it that no one really wants to get involved. If you look at the major players, they're silent. Pence, Pelosi, McConnell, even Harris and Biden. The crusaders are outsiders or medium-level people like Ted Cruz.
So while I believe ACB is not going to take her job seriously, is she really going to want to mark her entire career on a decision that disenfranchises millions? Even if she believes it's the right thing to do, can she be the tiebreaking vote in a situation like that? Could Kavanaugh? Could any of the Republicans? Not only would they have to face Roberts, they'd face that scrutiny for the rest of their lives.
The problem, at least to me, is timing. I know Republicans sued pre-election regarding the extensions, and Democrats and Pennsylvania voters were given time to adjust. The votes happened. I think at that point, it becomes more than the law. I don't think it's fair to give someone a ticket for speeding, even if the law has officially been changed, before there was a chance to update the speed limit sign. Maybe it is fair. I just wouldn't think that would be fair.
It's like the drive-thru law in Texas. Did they illegally change the law? I don't know. But people came and voted. If they didn't know they were voting illegally, I don't see why *they* should be punished. My argument then, if the votes were thrown out, was that anyone who voted and had their vote thrown out should be able to vote again legally. That would be my same argument if mail in ballots were thrown out. Give them a reasonable amount of time (a week?) to go in person and vote legally. Because if they were told that it was legal and it was legal at the time per state law, then they didn't know they were breaking the law.
So since I don't think the Supreme Court would say "okay, let them vote again", I think their only option is to either punt the case or rule against it. Maybe in their decision they say "if this had been pre-election, maybe you would've won but we can't overturn the election on a technicality - fix this" and then the states can fix it.
I agree that elections probably need help. The problem is that both sides want different things. Like it or not, Republicans want less people to vote. Democrats want more people to vote. And that ends up meaning that Democrats are okay with some illegal votes getting through, and Republicans are okay disenfranchising people. Until both sides decide to work together, I think elections will remain a huge problem.
I wonder what would happen if Biden made his term about cleaning up elections. Would Trump people feel better about democracy or worse?