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Early voting....un-Constitutional?

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posted on Oct, 22 2008 @ 09:13 PM
Article 2 Section 4 Clause 1 of the US Constitution:

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

According to the Constitution early voting is un-Constitutional. It can't be any clearer. It clearly states "Day" not series of days, not weeks. I know it is too late for this election but this needs to be looked at a little closer in the future.

2 weeks before an election and there are people voting already? 2 weeks is a long time in an election. What if we woke up tomorrow and found out about a terrible scandal about one of the candidates and it was serious enough to change someone's mind about their vote. They are already locked in with 2 weeks to go.

[edit on 22-10-2008 by RRconservative]

posted on Oct, 22 2008 @ 09:31 PM
As if the constitution applies anymore.
I thought this was a free country.
Oh yeah, we are as free as the electoral college MAKES us.
Gimme an Excedrin already.

posted on Oct, 22 2008 @ 09:36 PM
I work 12 hour shifts. I am a nurse. I clock in at 7 AM and out at 7:30 PM. I aqm scheduled to work on election day. I can't just clock out and go stand in line to vote. What would you suggest?
If we don't allow early voting, how many of us would be disenfranchised?

posted on Oct, 22 2008 @ 09:36 PM
reply to post by RRconservative

I couldn't agree with you more on this one. So much can happen between now and election day that could change your mind on the vote. If you changed your mind...OOPS...oh well...too bad.

My opinion on voter registration,etc?

Registration has to be done at least 1 year (or less depending on how long it takes to verify everyone) before election day. All registered voters would all need to be verified before election day or be revoked. You should only vote on election day...period.

No electronic voting all needs to be on paper. ALL OF IT.

We need to eliminate all the possible scams and fraud that can happen. It will never be perfect...but it's too easy to screw with the system right now. It needs to change.

posted on Oct, 22 2008 @ 09:38 PM
reply to post by RRconservative

I think what the constitution refers to is the electoral college.

But not until the first Monday after the second Wednesday in December, when the electors of the Electoral College meet in their state capitals and cast their votes will we really have a new president and vice president elect.


Notice they meet on a certain date.

I still think early voting is wrong while the candidates are still running their campaign.

posted on Oct, 22 2008 @ 09:43 PM
It's not a matter of early voting. It's a matter of you vote counting no matter when you cast it.
2000 election. Check it out. Big B. did not got the peoples vote but won due to the electoral college.
Sway votes my keister.

How about we take the Constitution literally and have elceted officials actually elected by the people, of the people and for the people.

[edit on 22/10/2008 by reticledc]

posted on Oct, 22 2008 @ 09:52 PM
I agree that it is unconstitutional and wrong. Making voting easier is not the answer.

I think that ultimately the secret ballot will be done away with. The only way to prevent the continuing problems with voter fraud will be a universal registration system for all eligible voters and a public accounting, independently verifiable, of every vote.

To those who have work or other activities which prevent voting on election day, you just have to ask yourself what is most important. You can take time away from work and any employer which does not wish to face legal consequences will respect that. If you physically can not make it to the polls, there is always absentee voting.

posted on Oct, 22 2008 @ 10:53 PM
reply to post by Grumble

Couple of quibbles with this statement. First, in the example given above, the nurse: Even if the hospital lets her clock off to go vote (however long that might take), how do you think the patients or their families are going to feel about their health care being reduced that day?

And absentee voting....that's what I'm doing, being in New Zealand currently. 2 weeks ahead? I voted last month. I've already received my verification that the vote was received, and my new voter registration card.

The only scandal that I can imagine that would change my vote at this point would be all 4 of the major players being in a plane crash resulting in their replacement-then I'd have to see who the replacements were.

posted on Oct, 22 2008 @ 10:59 PM
reply to post by lostbug what if your favorite candidate ended up being a child molester? Would you still vote the same? Yeah it's harsh..but you never know what can happen (i'm sure that own't though). 2 weeks is a long time though. Better safe than sorry.

posted on Oct, 22 2008 @ 11:02 PM
Yes, it quite likely is unconstitutional under the provisions that you've listed. Additionally, as mentioned, it locks in a person's vote in the event of a late-breaking scandal and that might be a vote that person would want back.

On the other hand, absentee ballots are probably unconstitutional for the same reason.

I suppose I really can't complain much about it. I usually vote early myself and, in fact, plan on doing so tomorrow.

[edit on 22-10-2008 by vor78]

posted on Oct, 22 2008 @ 11:07 PM
Isn't it kinda a rouse to say that you, after 2 years......still had not made up your mind on who represents you closest on the issue?? ( I actually got on to see if there was a "I voted" thread.....guess this one will do)

And by the way.....


posted on Oct, 23 2008 @ 12:40 AM
Congress did choose the day to vote--the first Tuesday in November. That date and day change. These are the national days of voting, per law, for the United States of America as a whole.

The United States of America is composed of 50 states. These 50 states are able to create their own laws via their own group of representatives and senators. Some states have created laws allowing voting to occur some weeks before the national day of voting that year.

Some may argue that this is a violation of federal law. It is not unconstitutional. It is a violation of federal law.

Would this argument make it through the courts very far? Highly doubtful.

posted on Oct, 23 2008 @ 12:57 PM
reply to post by kettlebellysmith

It could be solved very easily...make election day a national holiday and no one in the whole country works...or move election day to Sunday, when most people aren't working

posted on Oct, 23 2008 @ 01:03 PM

Originally posted by RRconservative
Article 2 Section 4 Clause 1 of the US Constitution:

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

You guys CRACK ME UP!!! Read it again, hon. The DAY is the day the ELECTORS give their votes. Not the voters!

The Electoral College votes on a DAY after November 4th. That's the DAY the Constitution is talking about. Read it.

Early voting is perfectly legal and Constitutional.

On the Monday following the second Wednesday in December, the electors of each state meet in their respective state capitals to officially cast their votes for president and vice president.

How Stuff Works

Originally posted by Grafilthy



[edit on 23-10-2008 by Benevolent Heretic]

posted on Oct, 23 2008 @ 04:08 PM
Thank you BH. I doubt that if these early voters were siding with mccain, we'd here this lame attempt at purporting it unconstitutional. Pathetic. It is blatantly fair and constitutional. If it weren't, dont you think the mccain lawyers would of put a halt to it?????

posted on Oct, 23 2008 @ 04:29 PM
I got my ballet in the mail a couple of days ago. Its sitting waiting for me to fill out. I'm so thankful that we do voting by mail in my state. It makes it a lot easier for that nurse , or anyone who wouldn't be able to take a day off from work to vote in a polling place.

Im not sure how you can say that early voting is unconstitutional. I really can't.


posted on Oct, 23 2008 @ 04:49 PM
OK OK OK...I'm busted on a technicallity.

It still should be Election Day, not Election Weeks. Seems like the Constitution was talking about electors, and does not go into detail about voting procedures.

Constitutional or is still wrong for people to be voting weeks before election day.

posted on Oct, 23 2008 @ 04:51 PM
reply to post by RRconservative

I'm listening...

Tell me why you think it's wrong?

posted on Oct, 23 2008 @ 09:26 PM
reply to post by Grafilthy


Alright!!! Looks like we can add another vote to the McCain Presidency!! Way to go Grafilthy!!!

posted on Oct, 23 2008 @ 10:02 PM
Count me in - I also voted early.

Just a heads-up: Early voting doesn't mean "faster voting." I stood in line a good 30 minutes and the place was packed.

While standing in line, I was a little surprised to find that there were so many first time voters who were well past the legal voting age - at least 3 were in their thirties and one lady who I was talking with was in her 40's. She told me this is the first election she's ever voted in. I wanted to ask her why that was, but it was my turn to cast my vote and I didn't get the chance.

[edit on 23-10-2008 by Artista]

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