Mendel
Senior Member.
You said that "conservatives" think the "intent is justified"; I was replying to that and referring to these people. If you're now claiming that the majority of Republicans believe that an objection to certain electoral counts on January 6th is unjustified, that's great news; do you have a source for that?are you sure you want to generalize like this, considering the majority, even McConnell has said Biden won?
On the constitutional issue: we've talked about how choosing electors is a "local" election for each state, governed by state laws, executed by the state objective, and checked by the state's judiciary. These have all been involved in the 2020 election; anyone who questions the outcome of this process questions that this system of checks and balances is working; they're questioning that democracy is working.
On laws: a law can be unconstitutional, but the constitution can't be unlawful. If the Supreme Court had taken on a case on the election and ruled on the concerns of the Republicans filing that amicus brief, it wouldn't have ruled on whether the executive's actions were covered by state laws (the state courts have already done that); it would have ruled on whether these actions were constitutional or not. This means that at that level, we're talking about the constitutional right to vote.
I wrote, There is *nothing* the Republicans have shown about the 2020 election that compares., and you haven't contradicted that; I'd be happy to discuss any concern you deem important enough to be the subject of an electoral count objection; I've given an overview of the concerns filed in the amicus brief for the Texas case here.
Since you did not choose a concern, let me pick one:
Article: Nevertheless, the non-legislative Wisconsin Elections Commission ("WEC") and other local officials unconstitutionally created "hundreds of drop boxes to collect absentee ballots — including the use of unmanned drop boxes." Texas Complaint, para. 107. The fact that the WEC deems ballot drop boxes "secure" does not make them secure or lawful according to the will of the Wisconsin Legislature, which requires ballots to be taken to a normal "office for absentee ballot purposes" (not a mere drop box) and with professional and "adequate staff" (not left unstaffed and unguarded).
They're not alleging any fraud concerning these drop boxes: for all we know, the absentee ballots dropped into these boxes and counted were cast by legitimate voters, and all of the ballots dropped into these boxes have been counted. The constitutional right to vote has not been infringed by putting these boxes up; on the contrary, it has made the vote more accessible to voters concerned for their health and who wanted to socially isolate while voting in a pandemic. (In California, the GOP insisted on placing their own unlawful drop boxes!)
Objecting to the use of drop boxes is "rules lawyering", as if playing a game, losing sight of the important (constitutional) issues: the important standard is to enable a free and fair election; that's the standard the Supreme Court would have applied. There is no concern being brought that these drop boxes have made the election less democratic.
Contrast that with the 2005 objection over the Ohio election: it was proven that precincts were under-equipped with voting machines, erecting an obstacle to voting in the form of a multi-hour wait for a group of precincts; and this obstacle applied more to poor and black voters than to others. This made the election in Ohio unequal and unfair. It violated a core democratic standard, even if the practice might have technically been lawful.
Based on the facts and arguments I have seen so far, none of the "funky issues" rise to the level of constitutional concerns. Based on the court cases that have been brought, these " election integrity issues" *have* been examined, and anyone who still claims that the *should* be examined is denying that the democratic system of checks and balances is working; they're attacking this democracy. There is no rational reason to not "feel confident in the election and post-election process" other than throw doubt on core democratic institutions. The people who are stoking these irrational fears are irresponsible or undemocratic.I'm glad Biden won but there were funky issues in a few states (as Barr said. Though, as Barr also said... not enough funky issues to change the election results.). I doubt any alleged suppression of the black vote in prior years was enough to change election results, but still most people would agree that any election integrity issues should be examined so people - of ANY color- feel confident in the election and post-election process.