Opinion - Constitutionality of Mail-In BallotsDoes the use of Mail-in Ballots for Federal Elections make it easy for voter fraud?
The 2020 Election debacle case belongs in the United States Supreme Court.
There are two different important issues controlled by the United States Constitution that are intertwined in the voting fraud. One issue is Mail in Ballots are not supported by the United States Constitution and are thus unconstitutional. The other issue is that the United States Constitution secures the Right to vote. The Right to vote places the Duty to provide Fair Elections upon the States. This in turn places the Burden of Proof upon the States to prove that the all the ballots counted are legal ballots whenever there is a challenge to the election results.
Why Mail in Ballots are unconstitutional
The United States Constitution controls how citizens vote in federal elections in Article I Section 4.
Article I Section 4. "The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators".
The State Legislatures control the Times, Places, and Manner of holding Elections. This Power was retained by the States when the Constitution was originally written. However, this enormous Power is not unlimited. The Right to vote can't be compromised by any State Legislature. If a State made new Regulations causing the "Places" to be a single remote town and the "Times" to be a single hour on election day, then those new Regulations would deny the majority of the citizens the Right to vote and would be unconstitutional.
Nevada's AB4 made new Regulations to allow for Mail in Ballots. Voting occurs when the ballots are marked, not when ballots are recorded at the polling places. With Mail in Ballots, the voting occurs outside the "Times" and "Places" prescribed by the Legislature in accordance with Article I Section 4. The Constitution never mentions voting by mail even though the post office was established at the same time in Article I Section 8. Mail in Ballots allow fraud because the Ballots are outside the Chain of Custody of the Polling Places. Mail in Ballots compromise and in some cases eliminate our Right to vote. AB4 is new legislation that fails to comply with the Constitution. Other States have enacted similar legislation and this issue must be heard by the Supreme Court in order that the Constitution remains the final authority on Elections.
Why the Burden of Proof is on the States
Because voting is a Right, the government has the Duty to provide for Fair Elections. This Duty starts with providing polling Places that are accessible to all those citizens who have a constitutional Right to vote. The Times for voting must also be reasonable to allow those citizens who are entitled to vote the reasonable ability to vote. The manner of voting must allow the strictest protections against fraud.
There is evidence of massive voting fraud from unconstitutional Mail in Ballots, from non secure Voting machines, and from criminal acts of illegal Ballots being introduced into polling Places after hours. The criminals argue that there must be enough evidence to show the fraud would effect the outcome. That argument begs the question of "did all the fraud get discovered"? The States have the responsibility, the obligation, and the duty to show that all Ballots counted in the election are legal Ballots. This Duty to Count only legal Ballots is what shifts the Burden of Proof to the States.
Why the Supreme Court of the United States
The Right to vote is secured by the United States Constitution in Article I, and in Amendment 14, Amendment 15, Amendment 19, Amendment 24, and Amendment 26. The Supreme Court needs to rule on the constitutionality of the Mail in Ballot as a legal voting method under Article I Section 4 of the Constitution and also whether that method of voting compromises or eliminates our Right to vote secured by the Constitution. Issues involving the United States Constitution must ultimately be settled by the Supreme Court.
What is the likely effect of Ruling for the Constitution
Because many citizens who voted by mail have a legal Right to vote, these citizens also have a right to be angry if their votes are disallowed because of the unconstitutional legislation of their States. This is the unfortunate consequence of a few greedy criminals conspiring to change the rules for their individual gains. We may never have closure on this election, but we must preserve our Constitution in resolving this presidency.
The lawsuits filed by private citizens or campaigns do not have any Burden to prove the extent of Frauds those suits assert. Elections are controlled by the States and the States have the ability, the evidence, the resources, and the obligation to show that each ballot counted is legally cast. If any State can't show an ability to prove the legality of Ballots cast, then that State should be prohibited from certifying its results. Each State also has a constitutional Duty to reject the Mail in Ballots cast in this election.
Guest Columnist:
William F. Horne
1805 N Carson Street
Carson City, Nevada 89701
(775) 884-4748
More reading:
Mail-in ballots were part of a plot to deny Lincoln reelection in 1864.
Barr says, without citing evidence, that an election done predominantly by mail would not be secure
RESOURCES
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