Mail-in ballots that arrive after Election Day may result in authorized disputes over the November election outcomes, in keeping with Fox Information senior judicial analyst Decide Andrew Napolitano.

“There isn’t any one election for president, there are 52 elections,” the host of “Liberty File” on Fox Nation instructed “America’s Newsroom” on Tuesday.

“I’m counting Puerto Rico and the District of Columbia and every of these jurisdictions run their very own election. A few of these jurisdictions allow you to mail in a poll as late as November 2nd. That’s Monday — that’s the day earlier than election day so it’s speculated to arrive earlier than election day.” Napolitano mentioned. “The Structure says there may be solely at some point for an election. You may’t vote after the election.

“That’s going to be the dispute. When was this mailed and when did it arrive. When the states wrote these legal guidelines, they gave the voters means an excessive amount of time during which to forged these ballots. That’s the essence of this Wall Avenue Journal grievance.”

DEMOCRATS DOMINATE MAIL-IN BALLOT REQUESTS IN KEY SWING STATES

Napolitano was responding to a Wall Avenue Journal op-ed titled, “Will Courts Choose the Subsequent President,” during which the newspaper’s Editorial board writes, “If the election is shut, the fallout may make Bush v. Gore appear like an ice-cream social.”

“If the presidential election is determined by a whisker, with Donald Trump or Joe Biden main by some 1000’s of votes in a couple of states, a courtroom ruling may show decisive. The pivotal jurisdictions will probably be flooded with Republican and Democratic attorneys, and the ensuing chaos may resemble the 2000 Florida recount, with smudged postmarks as the brand new hanging chads,” The Wall Avenue Journal Editorial board wrote.

Election officers in key common election battleground states are noticing a surge of requests for absentee ballots by Democrats — upending a pattern of Republicans in some essential states usually dominating voting by absentee poll by way of the mail.

The pattern started this spring, with the first season upended because the coronavirus pandemic swept the nation. With critical well being considerations of voting in particular person at polling stations, many states took strikes to make it simpler to vote by absentee poll — by mail or by depositing the ballots in a safe drop field.

A current USA At this time/ Suffolk College nationwide ballot discovered that 56% of Republicans mentioned they might vote in particular person on Election Day, in contrast with simply 26% amongst Democrats. The ballot indicated that Democrats are greater than twice as possible than Republicans to vote by absentee poll or mail.

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Responding to The Wall Avenue Journal op-ed mentioning that voters in 10 states are capable of request absentee ballots on Nov. 2, simply at some point earlier than the election, Napolitano mentioned, “We’ve got to be cautious about this and if the states are curious about safe elections they may change their guidelines, get ballots into folks’s fingers, and inform them the ballots need to be in by 10 days earlier than the election day, in any other case we aren’t going to have the ability to depend them.”

Fox Information’ Paul Steinhauser contributed to this report. 



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