Three States: Nevada, Michigan, Pennsylvania.

They are ripe for having all of their mail-in ballots, and then some, tossed. Why? Because unlike other States, Governors and appointed officials made the rules for this election under the guise of the COVID-19 emergency. The U.S. Constitution is as clear as a bell—the Elections Clause does not confer the power to regulate Federal elections on states as a whole, but rather to the “Legislature” of each state.

The Constitution’s Elections Clause is the primary source of constitutional authority to regulate Federal elections. The Clause directs and empowers States to determine the “Times, Places, and Manner” for Federal elections, subject to Congress’s authority to “make or alter” State regulations. It grants the State’s authority to enact a complete code for such elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results. Whenever a state enacts a law relating to a Federal election, it is exercising power under the Elections Clause; States do not have any inherent authority to enact such measures. 

Unlike New Jersey, Nevada, Michigan, and Pennsylvania bypassed their legislatures and had Governors or appointees change election rules. In Pennsylvania they had a court of elected judges change the rules established by their State legislature. Only their State legislatures can do so. Ballots gathered after the date of the election, and which were processed with the signature verification process being voided are subject for rejection.

In addition, these States, obviously in conjunction with each other, all shutdown counting, then resumed counting, upon which time Biden ballots overtook Trump ballots. These same States have also disallowed poll watchers or challengers from observing the vote counting process. These optics are not too cool for the rest of the Country to observe.

Remember how the process played out in Florida during Gore v. Bush? You saw a representative of each campaign looking over the shoulder of election officials and judges to determine which ballot would be legitimately challenged or discarded. American democracy at work! That is not happening in Michigan, Pennsylvania and Wisconsin. They are not giving campaign observers and challengers access to observe. This is a fundamental election right being denied.

Sorry to say this, but the Governor of Pennsylvania is an idiot. He goes on television to proclaim he has a fair vote counting system and then shows a video of the process. The video depicts the Trump challengers being separated from ballots by more than 40 to 100 feet—unable to see suspect ballots, postmarks, or signatures. Some challengers are trying to observe the process through binoculars. The Governor’s video will be “Exhibit A” for Trump lawyers.

There is anecdotal information, for now, in Michigan and Wisconsin, that double registered voters were counted, and deceased voters on registration lists casting votes. Nothing unusual during the course of any election. It happens and gets resolved. But given the heightened state of tension during the course of this election, these charges should be investigated by FBI agents, not poll challengers; in order to ascertain true facts and to what extent and degree, if substantiated, such fraud occurred.

Everyone agrees that every lawfully cast ballots in every election should be counted. We don’t need people chanting in the streets and damaging property to remind us, as Americans this truth is engrained in us. But unlawful ballots disenfranchise legal voters everywhere—they discount their votes. They should not be inclusive of the “every vote should be counted “mantra.

If anyone’s voting right is subsequently disenfranchised in Nevada, Michigan, and Pennsylvania, it is because of the elected leaders in those States, who knew better, but decided to disregard the law. This was unavoidable had they followed the Jersey model. These lamebrains need to be held accountable.

Yes, The Governor of Pennsylvania is a “knucklehead.”