Top O’ the Briefing
Happy Tuesday, dear Kruiser Morning Briefing friends. Every third trip to the Sauerbraten tower earns a free artisanal melon ball.
It is unclear how many words I will have in the tank for this one because it feels like I’ve written a million or so on it over the years. That’s because it’s important to me. Actually, it’s important to conservatives and the Republic as well.
Our elections have been a hot mess for quite a while now, especially here in the 21st century. Way back when I was first old enough to vote, the process for absentee voting was, put mildly, a bit more arduous. That’s a relative scale, of course. The process wasn’t that difficult, but there were a lot more rules then. Now with universal mail-in balloting in some states and early voting that seems like it starts two cycles ahead of time, everything is a bit, let’s say, loosey-goosey. I do believe that is the first time I’ve ever used that phrase.
The Supreme Court has a chance to tidy up some of the mess, which Victoria wrote about:
The U.S. Supreme Court (SCOTUS) will hear a case that will decide if Election Day actually exists in America anymore. SCOTUS will decide if states can accept mail-in ballots days after the designated Election Day.
The U.S. Constitution designates Election Day, but leaves it to the states to hold the elections. As a result, several states have adopted rules that literally change the meaning of Election Day by counting ballots, usually mail-in votes, after Election Day has passed.
The case is out of Mississippi, which allows the state to accept mail-in ballots for up to five days after the election. Mississippi filed a lawsuit after the Fifth Circuit Court of Appeals decided that accepting ballots after Election Day was illegal in a Louisiana case. Yes, it’s complicated.
Now that the Supreme Court has granted a hearing on the case to decide once and for all the question: Do federal Election Day statutes preempt a state law that allows ballots that are cast by Election Day, but not received until after that day?
One of those rules that I mentioned from Olden Times was that the absentee/mail-in/whatever ballots had a strict cutoff date that would allow them to be counted by Election Day. Madness, I know. Now we’re waiting for days or weeks. Heck, the Dems would still be counting mail-in ballots from 2016 if they could.
The longer that mail-in ballots are out there floating around in the universe, the more that can go wrong. Democrats love to claim that it’s all on the up-and-up, but anything nefarious that might go on with them will happen during parts of the process that aren’t filled with transparency.
This is anecdotal, but it is a thing that happened. For the last six years that I lived in California, I was on the permanent vote-by-mail list, a list that I never once opted in on. Every election, I would fill out a provisional ballot, and request to be taken off of the vote-by-mail list, which never happened. After I had been back in Arizona for a few years, I checked and I was still registered in California and on the list.
The topper there is that my old mailbox in LA wasn’t secure.
We’re supposed to believe that nothing can go wrong in the above scenario.
On Monday’s episode of Five O’Clock Somewhere, my good friend and partner in thought crime Stephen Green and I were discussing the fact that federal elections don’t exactly sneak up on us, do they? If you can’t remember that they’re held on the first Tuesday after the first Monday in November in even-numbered years, Wikipedia, ChatGPT, or Grok will give you the precise date several years in advance. My point whenever I mention that is that there is absolutely no reason that these things can’t be adequately prepared for. That includes getting the ballots out and back in time to be counted by Election Day.
Personally, I think that the only people who should vote by mail are deployed military, people who are expatriated for work, and those who are ill. I know that’s simplistic, and there could be some exceptions, but the point is made: it shouldn’t be a free-for-all. If we do, however, have to keep putting up with the mail-in ballot plague, perhaps SCOTUS can put some guardrails on the process.
Then maybe we can hope that the Magic Mail-In Ballot Machine will be mothballed for good.
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