Seawytch
Information isnt Advocacy
What's the justification for having early voting in the frst place? Is it Constitutional?
The Fifth Circuits decision is a fascinating read that draws heavily on Foster v. Love 522 U.S. 67 and U.S. v. Classic 313 U.S. 299. The decision provides three basic reasons why early voting is not de facto unconstitutional.
First,
Because the election of federal representatives in Texas is not decided or consummated before federal election day, the Texas scheme is not inconsistent with the federal election statutes as interpreted by the court in Foster.
Second, the Court could not
logically hold that Texas system of unrestricted advanced voting violates federal law without also finding that absentee ballotingwhich occurs in every state violates federal law.
And, finally, the Court could not
conceive that Congress intended the federal election day statutes to have the effect of impeding citizens in exercising their right to vote.
Is Early Voting Constitutional
So, I will ask again, what is the justification for reducing the number of early voting days? They haven't done away with it completely. Why reduce the number of days that early voting is available?
Again I ask is early voting Constitutional?
TITLE 3 > CHAPTER 1 > § 1
§ 1. Time of appointing electors
The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
United States Code: Title 3,1. Time of appointing electors | LII / Legal Information Institute
As DTMB pointed out, "The Day on which they shall give their votes" refers to the Electors, not Voters. Individual voters may vote early, as has been upheld in a number of court cases, but the Electoral College votes won't be allocated until Election Day.