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re: NC court says ballots can be counted 9 days after election

Posted on 10/21/20 at 9:20 am to
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
27061 posts
Posted on 10/21/20 at 9:20 am to
quote:

Where can this "9 days" be found in the Constitution?

I'd like to read the section for myself.


Where does it say the election has to be on the first Monday in November?

It doesn't.

The Constitution mandates that election day be the same all over the country. As far as the process for the members of the Electoral College casting their votes, Article 2 has a lot of specific language. But as far as the general election of those electors...what we will do on Nov. 3...it only says this:

"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."

Congress has the power to set election day. The Constitution doesn't specifically discuss when the votes have to be counted.
Posted by BozemanTiger
Member since Jul 2020
3440 posts
Posted on 10/21/20 at 9:41 am to
quote:

The Constitution doesn't specifically discuss when the votes have to be counted.


Fine.

Then why not 90?

How about 900?
Posted by ladyluckUGA
Member since Feb 2014
6399 posts
Posted on 10/21/20 at 1:08 pm to
quote:

The Constitution doesn't specifically discuss when the votes have to be counted.


Yes, but the Electoral Voting Act does. States must certify by a certain date in mid December. SCOTUS ruled on Bush v Gore prior to the date in order for FL to certify their votes.
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