Political Earthquake - 5th Circuit Decision
The Market Ticker - Cancelled - What 'They' Don't Want Published
Login or register to improve your experience
Main Navigation
Sarah's Resources You Should See
Sarah's Blog
Full-Text Search & Archives
Leverage, the book
Legal Disclaimer

The content on this site is provided without any warranty, express or implied. All opinions expressed on this site are those of the author and may contain errors or omissions. For investment, legal or other professional advice specific to your situation contact a licensed professional in your jurisdiction.

NO MATERIAL HERE CONSTITUTES "INVESTMENT ADVICE" NOR IS IT A RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO STOCKS, OPTIONS, BONDS OR FUTURES.

Actions you undertake as a consequence of any analysis, opinion or advertisement on this site are your sole responsibility; author(s) may have positions in any firm or security discussed here, and have no duty to disclose same.

The Market Ticker content may be sent unmodified to lawmakers via print or electronic means or excerpted online for non-commercial purposes provided full attribution is given and the original article source is linked to. Please contact Karl Denninger for reprint permission in other media, to republish full articles, or for any commercial use (which includes any site where advertising is displayed.)

Submissions or tips on matters of economic or political interest may be sent "over the transom" to The Editor at any time. To be considered for publication your submission must be complete (NOT a "pitch"), include full and correct contact information and be related to an economic or political matter of the day. Pitch emails missing the above will be silently deleted. All submissions become the property of The Market Ticker.

Considering sending spam? Read this first.

2024-10-25 18:18 by Karl Denninger
in Flash , 648 references Ignore this thread
Political Earthquake - 5th Circuit Decision
[Comments enabled]

Oh my....

The election is nonetheless consummated because officials know there are X ballots to count, and they know there are X ballots to count because the proverbial ballot box is closed.  In short, counting ballots is one of the various post-election "administrative actions" that can and do occur after Election Day (cite elided)  Receipt of the last ballot, by contrast, constitutes consummation of the election and it must occur on Election Day.

If your state permits ballot receipt after the close of the polls on Election Day it is at risk of its certificate of electors being ruled void.

Now this is one Circuit but it does not carry an injunction but rather is an immediate remand, so absent an appeal directly to the Supreme Court (1) it stands and (2) it only binds the 5th Circuit States, at least in theory.

However, it now presents an extreme risk for states outside that circuit who might choose to permit ballot receipt beyond the close of the polls on the 5th of November.

I expect one or more of them to try to run this up the pole to the Supremes, but it is quite-clear and cites plenty of precedent including both the Constitution and long-standing Federal Statute, neither of which has been amended.