The Pennsylvania Supreme Court ruled Thursday that ballots received three days after Election Day will still be counted — even if there is no evidence they were postmarked on time.
Democrats scored two judicial victories in Pennsylvania on Thursday, when the court kicked the Green Party presidential candidate off the ballot, and ruled that mailed-in ballots could still be counted util 5:00 p.m. ET on the third day after Election Day, as long as they were postmarked by 8:00 p.m ET that day.
The court added: that “ballots received within this period” — i.e. between November 3 and 6 –“that lack a postmark or other proof of mailing, or for which the postmark or other proof of mailing is illegible, will be presumed to have been mailed by Election Day unless a preponderance of the evidence demonstrates that it was mailed after Election Day.”
In a footnote, the court explains its reasoning, saying that disqualifying a ballot without a postmark would “disenfranchise a voter based upon the absence or illegibility of a USPS postmark that is beyond the control of the voter once she places her ballot in the USPS delivery system.”...
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The Republican-controlled legislatures of both states need to find it within themselves to decide they are the ones who legislate, not the judicial branch.
Take, for example, what took place recently in Michigan. In a case regarding mail-in ballots and deadlines (supported by none other than Marc Elias of Perkins Coie/Fusion GPS infamy, and who, we should add, is working for the Biden campaign), Michigan Court of Claims Judge Cynthia Diane Stephens decided unilaterally and arbitrarily to turn Election Day into “Election Weeks.”
That’s right: the “Honorable” Judge Stephens decided that any ballot postmarked by 5 p.m. on November 2 could be counted for up to two weeks after Election Day. In essence, what she did was legislate from the bench that ballot harvesting in Michigan is now legal.
Ballot harvesting, a practice that is rife with fraud...
If you think this Michigan ruling is egregious, it pales in comparison to the recent ruling in Pennsylvania that says mail-in ballots without proof of being postmarked by November 3 can still be counted. The ruling states: “Mail ballots will now be accepted if they are received by 5 p.m. on the Friday after the election and were postmarked by November 3 or there is no evidence to suggest they were sent after Election Day. Previously, mail ballots had to be received by 8pm on Election Day.” (Emphasis added.)
Let that one soak in for a hot second. By saying, “If there is no evidence to suggest they were sent after Election Day” those ballots will be deemed valid. This Pennsylvania ruling flipped the burden of proof on its head by saying ballots with no postmarks will be presumed to be valid and they have now opened the door to tons of ballots with no postmarks being shipped in after the election....
As Stalin famously said, he didn’t care who voted, he only cared who counted the votes...
In his radio show on Thursday, Levin called on Republicans to convene the state legislatures to exercise their powers, expressly described by Article II of the Constitution, to set the rules for the appointment of Electors in presidential elections....
“Under our federal Constitution … they left it to the elected legislatures, not to unelected — or elected — Supreme Court justices in the states. They don’t have the final say [on election law] under our Constitution. The legislature does.”
Hans von Spakovsky: ‘Pennsylvania Supreme Court Acted in a Blatantly Political and Partisan Matter’, Breitbart, September 19, 2020:
Democrats will use the de facto deadline extension to game the election, warned von Spakovsky.
Von Spakovsky said, “Folks will be able to wait until after Election Day see how the early totals are going, and then if they haven’t already voted their ballot, they can fill it out [and] put down the date of the election. They can basically lie and then they can go drop their envelope off in the drop boxes, which the court also legalized.”
Mail-in ballots placed in mailboxes cannot have the dates of their creation verified, noted von Spakovsky. “There’s no way of knowing that you voted after the election,” he said.
Von Spakovsky predicted, “I can guarantee you what’ll happen in Pennsylvania is that party activists — vote harvesters — will be going through neighborhoods and knocking on doors and saying, ‘Hey, did you vote your absentee ballot, yet?’, and if people didn’t, they’re going to say, ‘Oops, here, you need to fill this out and give it to us so we can go drop it off,’ and they’ll do that in any race where they are behind.”...
Pennsylvania Legislature Prepares Federal Lawsuit to Challenge Mail Voting Rulings, Breitbart, September 20, 2020.
