Is Mail-In Voting Unconstitutional? Supreme Court May Decide This Year

Now that we’re in the New Year, the 2024 presidential election campaign is about to kick into high gear. While it’s certainly fun to have President Donald Trump back in the ring and fighting, the system doesn’t inspire confidence.

If the 2022 midterms taught us anything, it’s that Democrats are going to keep brazenly cheating until they’re stopped. They’re daring us to stop them at this point. If most elected GOP members and the Republican National Committee won’t even admit that mass-scale electoral fraud is happening, we can’t fix the system. There are several hopeful signs to watch for as we head into 2023 though, including a couple of big Supreme Court cases.

We’ve already talked extensively about the Brunson Petition for a Writ of Certiorari with the court. That’s the case where the four trumpet-playing brothers from Utah have sued all the way to the Supreme Court to overturn the 2020 election. The reason? Members of Congress violated their oath of office by refusing to investigate valid and reasonable fraud claims in a determinative number of states. That case is on the docket for Friday, January 6, 2023. The Supreme Court will decide whether to hear the case, and if they were to hear it and find in favor of the plaintiffs, the remedy would be to overturn the 2020 election result, install President Trump and (*ugh) Mike Pence in office, and remove 300+ Members of Congress.

Long shot? Sure. But we live in interesting times, so who knows?

 

Another case on the docket for January 6th could end up imposing a nationwide ban on no-excuse mail-in voting. Now we’re cookin’ with gas!

The case is Timothy R. Bonner, et al., Petitioners v. Leigh Chapman, in Her Official Capacity as Acting Secretary of Pennsylvania, et al. The case has already been ruled on by two lower courts. At issue is Pennsylvania’s Act 77.

Every Republican voter in the country and a large number of Democrats don’t trust mail-in voting at all (or machines). Mail-in voting breaks chain of custody on a ballot anywhere from 4 to 12 times as it works its way through the system, until the ballot ends up in a counting center. It’s an absurd way to run elections, and almost all GOP voters know this. So, what did the Republican-controlled legislature in Pennsylvania do back in 2019?

They passed Act 77, which made mass no-excuse mail-in voting the new way that the state would run elections. Democrat Governor Tom Wolf eagerly signed it into law, as you can imagine.

The petitioners in the case are suing because they say that mail-in voting clearly violates Article 1, Section 4 of the US Constitution, which reads:

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

Their argument is that mass mail-in voting is not a “Place” where people can legitimately vote. A “Place” is a designated… well, place. Like a voting precinct, a church, a school or other public building designated by a state legislature. That’s traditionally what a “Place” has been for hundreds of years in America until some states began stupidly adopting mail-in voting recently.

A “Place,” the plaintiffs argue, does not mean every single-family home, every apartment, every townhome, every condominium, every PO Box, every golf course, every construction site, every nursing home, and every vacant lot within a zip code. (A volunteer canvass in 2021 found that there were multiple vacant lots in Maricopa County, Arizona that had been mailed 150 or more ballots.)

Gregory Teufel, the attorney for the plaintiffs, argues that “Once there are places specified for elections, that introduces an element of accountability to elections by giving you a place you can go to watch the election happening and make sure nothing is being done incorrectly and that the law is being followed.”

When the Founding Fathers wrote that legislatures should designate “Places” for voting, they likely didn’t mean “everywhere.” They were much more specific in their language and meaning than that. Which is why we’re holding our breath as constitutional originalists like Clarence Thomas and Neil Gorsuch review this case on January 6th. Only four Justices need to vote in favor of the case to advance it for a full hearing and a ruling. And that could mean a nationwide ban on no-excuse mass mail-in balloting in 2023 – which is exactly what we need to happen. We’ll keep you posted!


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31 thoughts on “Is Mail-In Voting Unconstitutional? Supreme Court May Decide This Year”

  1. I agree no mail in ballots unless they can prove they can’t because of work, in person voting is the only way. With ID.

    1. Pollng stations are usually open from 8 – 8 so there is no excuse for not being able to vote. Proof of residency 6 months and Picture Id is a must. No one who is on the ballot should be allowed anyway near the counting of ballots.

    2. Democrats went against Pennsylvania state constitution and change voting laws. Pennsylvania constitution clearly States that any changes to voting has to go through the legislative branch. Democrats did not do That and went straight to the courto change voting laws.

    3. I fully agree with Steven…NO mail in Ballots. Only Enlisted Service people, maybe senior homes, and if you have to be away from home area during voting time. God Bless Our Country USA !

  2. No mail in ballots under ANY reason. If you can’t make it to the polls under your own power, ( in person ) you have most likely lost the mental capacity to make a good decision. Like the progressive democrats have.

    1. Dan, I’m 82 yrs my mind is as alert as your’s or more so. I am active in almost every way, but I can’t walk very far w/o help. I think if you are over the age of 70 and you have voted in every election,. you should be allowed to APPLY FOR A MAIL IN BALLOT AND GIVE VERIFICATION OF YOUR ADDRESS AND THAT YOU ACTUALLY LIVE THERE LIKE A ELECTRIC BILL OR WATER BILL. THAT IS THE “ONLY” WAY WE SHOULD BE ABLE TO VOTE BY MAIL. JUST BECAUSE WE ARE OLDER DON’T MEAN WE ARE “INVALUABLE” WE ARE CITIZENS AND NEED TO VOTE. THANK YOU..

      1. I agree , however I am sure there are representatives from both parties who would gladly come and get you and take you home. Just contact your Party and advise themyou need a ride , I bet they will be glad to bring to the voting station

        1. That’s nce. I agree — with one single reservation: please account for the person who is ill (let’s say that he/she has a serious case of the flu. Would you want that person anywhere near the precinct?? I ***seriously*** doubt it, and yet it does NOT remove him/her from the ranks of those I would allow the privilege of fulfilling the right to vote.

      2. I am 85 and I am able to get to the polls. Voting is a privilege and should be treated as such. My husband was unable to go to polls. We got a mail-in ballot from court house. We had to submit a copy of his DL for Id. Also, we had to have two witness signatures. It wasn’t to much trouble if one wanted to vote. We allow the crooks to accuse us of suppression. They could spend time helping people to get to the polls instead of trying to scam the public. Our country has become the laughing stock of the world.

  3. Hello out there in or on The World Wide Web To Mr. Dan and Mr. Steven, Sir’s, you both are SPOT ON, I 2nd both of your motions with a HEAR! HEAR!!!

  4. Gee – pretty sure they had mail when the Constitution was written, and they didn’t make ANY allowances for mail-in votes. That’s pretty well established.

    Voter ID – pretty stupid not to require it…. derp.

  5. If the mail-in ballots are as unlikely to get there proper location as my personal mail is to get to my door, then chain of custody is non-existent. We need to go back to normal precinct voting, no mail-in ballots, and absentee ballots, as they used to be labeled, must be applied for annually and justified. Remember when it was said some day we would all be voting by internet? It didn’t take long to figure out that would never be secure. Mail-in ballots are very little, it any, better.

  6. One day vote in person. No mail in’s unless you are military. I D’s to vote no excuses. If you are disabled then implement a program that gives rides to them. All counts by midnight. ANY AND ALL CHEATERS OR FRAUD IS AN AUTOMACTIC 10 YEARS IN PRISON AND NEVER ELIGIBLE TO VOTE AGAIN IN YOUR LIFE TIME.

    1. You are 100% correct Donna ! AND REMEMBER “ ITS NOT THE VOTER THAT COUNTS ITS THE PERSON WHO COUNTS THE VOTES “ “JOSEPH STALIN “ AND HE NEVER LOST AN ELECTION………AFTER ALL WHAT DICTATOR HAS NOT? DON VITO JOE……….PATHETIC EXCUSE FOR A MAN…….THUG COMMIE MARXIST

  7. One way to stop the fruad is to Have Election a National day to vote. if you don’t vote in person then you don’t vote. 2. once you request and get the Absentee ballot you are condsidered voted. if you lose it that’s too bad it ‘s your responsibility to see it gets back. 3 Don’t announce the result anywhere till all the polls close accross the country, the announce the next day

    1. AND FREE GOVERNMENT ISSUED VOTER PICTURE ID NATIONAL HOLIDAY VOTING DAY NOT WEEK NOT MONTH!! AND THAT NIGHT OR NEXT DAY RESULTS. NOT NEXT WEEK NOT NEXT MONTH RESULTS!! IF FRANCE CAN COUNT 30 MILLION PAPER BALLOTS IN 24 HOURS AND THE MOST POWERFUL NATION IN THE FREE WORLD CAN SEND A ROCKET TO THE MOON AND BACK BUT CANNOT COUNT ELECTION RESULTS FAIRLY. WHAT MESSAGE DO WE AS A NATION SEND TO THE REST OF THE FREE WORLD? ITS PATHETIC AND SHOWS THAT WE ARE ONLY ONE GENERATION AWAY FROM COMMUNISM AND THIS ADMINISTRATION IN HISTORY WILL BE REMEMBERED “ IN INFAMY “.

      1. Amen Kevin!!! And people saying…”What if we are sick the day of voting?” Well, I guess that is an unexpected turn and the breaks of the game. Just as always, but there was less CHEATING with the in-person voting. NO EARLY VOTING>NO MAIL INS!!! and an ID is a MUST. In person, paper ballots only! And bipartisan groups of equal parties for the procedure and leading up to the END COUNT. A deadline of midnight should be sufficient…no changing of votes once called in. (anyone caught destroying ballots earlier than the law states would be instantly fined and jailed for at least 4 years…no less!) And NO PROPOSALS should be permitted to be placed on candidate elections. These proposals are normally propaganda for bringing out certain parties to enhance a certain party’s chances of winning. They should have their own special elections.

  8. I support biometric identification and believe DNA based voting would solve most problems. Good grief, our telephones now recognize owners and reject strangers who try to use them.

    Mail in voting is an invitation to criminal elections and has become a key pathway to the most powerful job in the world. It’s utterly stupid to allow voting without validating voter identities.

  9. IN Person voting verified who you are. Mail in voting invites criminal act, fraud and cheaters.
    And have a National Election Day to get to the voting place.

  10. Incorrect! VP Pence would NOT be the VP as he is listed as one of the defendants who would loose his credentials and would be barred from holding public office ever again!

  11. I agree the voting fraud needs to be fixed. I did not think 2020 was full of fraud until I compared all the elections since 1980, the increased number of voters increased for the 2020 election by 30 million votes. a 30% increase in one election. January 6th rally was necessary as a protest against the fact of Congress not doing their job. I do not agree with the taking over of the building. But this is a serious show of force the sitting working politicians need to look at. The people can come if provoked.

  12. The Constitution also states that the place and MANNER of voting is to be determined by the state legislatures.
    Certainly the mail in procedure can be controlled by the states as a manner of voting.

  13. All these extra ways of voting because of the pandemic need to be scrubbed….should have been done before the midterms. The Dems pulled off the biggest fraudulent heist in the presidential election….they have it down to a science now…I’m sure they used the same tactics in the midterms….and they will continue to do it unless things change…they have no shame or honor….winning anyway they can is their only goal….

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