Courts Shouldn’t Change Election Law Now

Poll workers inspect absentee mail-in ballots in Racine, Wisconsin, Aug. 11.



Photo:

Sue Dorfman/Zuma Press

Your editorial “Will a ‘Blue Shift’ Swing Wisconsin?” (Sept. 23) notes that state laws are contravened by court decisions in Pennsylvania, Michigan and Wisconsin that extend deadlines for counting mail-in ballots. “This increases the chances of post-election litigation.” Indeed. They apparently go against Bush v. Gore, which closed out the 2000 election. This controversial case was preceded by Bush v. Palm Beach, which unanimously vacated a recount decision by Florida’s Supreme Court because its constitutional basis was unclear.

In Bush v. Gore, there were two rulings. First, the Supreme Court stopped the recount. “There are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.” Specifically, counting in different counties used different standards, violating the Equal Protection Clause. This ruling was

Read More