Elections Undecided by Midnight are Void & Preempted by Federal Law

We will take a closer at this binding precedent below, but in preview, please understand that it emanates from a 9-0 decision of the United States Supreme Court, wherein the entire Court joined, not just the outcome, but also the opinion on this very point:

“When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.”

— Foster v. Love, 522 U.S. 67, 71-72 (1997)


The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on *the day*. States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute, subjecting the nation at large to the very evils Congressionally mandated deadlines were drafted to prevent.

Federal Election Day statutes were designed to curtail fraud, and to infuse a prima facie sense of integrity in our electoral process. But these States – in failing to obey Congressional deadlines – have flagrantly attempted to preempt federal law.

Citizens may file actions in the Federal District Courts and appeal all the way to the Supreme Court. Get this information to your State Representatives and Senators. Forward it to the White House if you know anyone with connections.

Blog it. Video it. Podcast it. Share it in comments, please. The President’s team has not made this argument yet. They have not plead it. And they must get up to speed.

You were disenfranchised by the failure of States to follow federal law. Your pursuit of happiness is directly infected. You have a cause of action. This is the peaceful, legal battle plan of the Republic.

3 U.S.C. § 2 kicks the decision back to the State Legislatures after a failed election renders the previous results void. Failed elections nullify all votes, not just some votes, not just late votes, not just illegal votes. The election itself is void in late States.

Which States are late?

The answer will be a question of first impression for the Supreme Court. But the only fair answer is obvious. If, at midnight, one candidate had enough of a lead, so that there was no mathematical possibility whatsoever of their being caught – after a review of the votes already counted, and the votes remaining – then the final selection has been made on time. But if the outcome was uncertain at Midnight, the State violated the deadline, and its election is void.

This hard mathematical rule will motivate States to develop better comprehensive procedures, and to commit sufficient monetary resources to safeguard our elections from despair going forward.

Perfect elections are possible, and developing them is a fundamental purpose of paying taxes. We are a wealthy nation.

As to Representative and Senate races, the statutes mandate subsequent elections, but as to presidential electors, 3 U.S.C. § 2 provides a deadline extension to the State Legislatures alone to determine – “in such manner as the legislature of such State may direct” – which electors shall be appointed. This statute simply reiterates the plenary authority in the United States Constitution.

We should find out soon what the State Legislatures will do, because the United States Supreme Court is about to nullify the results of this election in every State that failed to report a clear winner before 12:00 am November 4th.

The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on *the day*.

Words matter.

The U.S. Supreme Court must rule that those swing states must now use their state legislators to appoint electors rather than relying on the fraudulent, nullified, rigged elections that used Dominion Voting Systems.

Since Republicans control the majority of state legislatures this means the electors they choose should vote Trump by majority.


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