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Court Extends PA Mail-In Ballot Deadline: 3 Days AFTER Election

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
September 18, 2020 1:00 pm

Court Extends PA Mail-In Ballot Deadline: 3 Days AFTER Election

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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September 18, 2020 1:00 pm

Court Extends PA Mail-In Ballot Deadline: 3 Days AFTER Election.

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Breaking news, Pennsylvania court extends the mail-in ballot deadline until three days after election day. We'll talk about that and more today on JCECCO Live. Live from Washington, D.C., JCECCO Live. Phone lines are open for your questions right now. Call 1-800-684-3110. That's 1-800-684-3110.

And now your host, Jordan Sekulow. So the Pennsylvania Supreme Court, a lot of people are talking about mail-in voting, different from absentee ballots. Absentee ballots in most states, I mean, you're needing to request now or should have already requested, and then you'll receive it and the postal service is saying you'll get those out as quickly as possible. That's bipartisan, by the way.

Both parties are saying that. Get your ballot, make sure if you're doing absentee, follow the rules. I will tell you this, too, as someone who has been involved in a lot of campaigns and has had to vote absentee twice before on a Presidential election, so not in all of them that I voted in, but a couple times, you really do have to look at the rules in your state.

I mean, what color ink? What needs to be signed? If you mark, there's sometimes where there's like a row, and if you mark like two boxes in that row, that's it. Your ballot has been tossed, you know, if you make any errors.

So you have those issues that you want to take seriously. So for those of you who are doing absentee voting, and the rules are different in every state, but the sooner the better there. Pennsylvania's court, though, has come out with an opinion, the state's highest court, that has extended the state's mail ballot deadline. This means when your ballot has to be stamped by the postal service, not by just you, but, you know, when does it go through the postal service? Until November 6, so this year, that's three days after the election, at 5 p.m. So, in effect, has extended election day for three more days. Three additional days that it could go through the post, and it has to be postmarked then.

Here's what's key. That's not what date you marked on it. That's what date the postal service marks on it. And they also put in this opinion that if, like, they can't read it, they're going to assume it met the deadline. So on top of extending the voting day three days, they have also included a provision that says if it's illegible, the postmark is illegible, the date can't be figured out. Is it, does it add a three?

Is it an eight? You know, what is the date here? They'll assume it meets the deadline. So, again, expanding the potential for fraud. And we're seeing across the country, again, there are windows, I want to make this clear, for those who serve overseas, our men and women who serve overseas, there are special exceptions for them and their ballots. And oftentimes, most of the time, these ballots are not counted on election day. They do a, basically a total of how many ballots do we have?

What was the outcome in our state? Could they possibly change the outcome of our electoral votes and would those outcome of those electoral votes impact who is President of the United States? Obviously, they could impact lots of state races and local races, so they do get counted. But as you can imagine, they do not all get counted necessarily on election day in every state. In some states, they have to because the margins are always so close. And so they're going to do, but in Pennsylvania, that means what? I'm assuming, this is a big state, big population, that there could be so many outstanding possible legal ballots that they can't really tell us much about the election results until after Friday at five o'clock. Because there could be enough votes outstanding easily in a state the size of Pennsylvania that that would change not just local elections or congressional races or house races or Senate, US Senate races, gubernatorial races, but it could change the outcome of the electoral college and who gets the electoral votes. So you can have, again, you are setting up a delayed election in swing states, in states you know are key. Pennsylvania is one Donald Trump flipped.

If he does it again, that's huge for a Republican candidate. It almost signifies on election night, which I think is also what they want to, they're trying to do. If you win Pennsylvania on election night, that comes in fairly early east or east coast. They don't want you to be able to win Pennsylvania on election night. They don't want that narrative going out while people might still be in line in places like on the West Coast, in Arizona. We'll take your calls.

1-800-684-3110. Rick Rinnell also joining us today on the broadcast. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life changing work.

Become a member today. ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift.

All right, so let me just recast this for you. We're going to take your phone calls on this, 1-800-684-3110. Also, Rick Renell, ACLJ Special Advisor for National Security and Foreign Policy and a former acting Director of National Intelligence and U.S.

Ambassador to Germany will be joining us in the second half hour of the broadcast. And by the way, he will take your phone calls as well. We've gotten into some deep discussions. There's a lot that's been going on, but you can also ask questions for him. Now, if you have a question for him, let our call screeners know that.

And so we can note that for you and not take your call before and also keep you on. But he's got a new piece up. It's up now at ACLJ.org. It's called President Trump's Style is Working and Why That's Infuriating Washington, D.C. and Infuriating the Left. That is by Rick Renell. It's up at ACLJ.org.

We'll talk about his new piece as well when he joins us in the second half hour of the broadcast. So we have a Pennsylvania court. Now, this is, Pennsylvania has been a top swing state for as long as I've been involved in politics and campaigns, but it has been a state that Republicans could not flip.

They would spend a lot of money there. It was worth it for both sides, had to campaign heavily there. In Pennsylvania, which some people see as how could that even be possibly Republican? You do have, of course, you've got your Philadelphia and Pittsburgh kind of hotbeds of where the left gets their votes. But the rest of the state, we kind of call the T of the state in Pennsylvania. So when you go up and then kind of east and west, very conservative.

It looks much more like the Midwest. It looks much more like, not like what you think of Philadelphia or Pittsburgh where you've got like in Philadelphia, of course, heavy, heavy African-American vote that's been strongly Democratic and you've got then, and a big labor vote, and in Pittsburgh, a huge labor vote. So how do Republicans flip that?

Well, you've got to appeal to those labor voters, some of those African-American voters. Donald Trump was the kind of candidate that did that. And so when he took that from Democrats on election night, you could basically call the election right then. It was over for Hillary Clinton when he took a Pennsylvania. So now what they've figured out is a way, and this was a lawsuit brought by the Democrat Party of Pennsylvania.

So this is partisan. They've extended not, we're not telling you, this is not just absentee ballots. These are mail ballots.

They've already got that going there. But the mail-in ballots, as long as they're postmarked three days after the election, three days after the election, our election day is November 6th. They're received after the election. They have to be postmarked. They can be postmarked. Postmarked the day of the election by 8 p.m., but received after. Yeah, so received. That means when they actually got, the postal service actually got them, when they actually got to the board of elections, and you're talking again, folks, three days, what will that mean on election night? You've extended them.

Yes, they have drop-offs. Now you have to deliver those. I take it the day of the election, but it just creates the idea that one, you will not get results in a critical state, and you won't have that kind of early momentum that each campaign is looking for. And by the way, where does that tell you about campaigns? Where does that tell you about where the Democrat Party thinks Pennsylvania is going? By the way, they think A, they've got to extend all these deadlines as much as possible. So where, you know, they can be postmarked on election day, but they're not actually received, which I don't even totally understand what process, what are they so concerned about that if they put the boxes out to take in the ballots, why aren't they ready to pick up the boxes on election day, you know, by 8 p.m. on election day or whenever the polls close there. Exactly.

That night. But we know those votes don't usually get counted that day. But there's something else that you said that's, that earlier about the not clear on the dates, and this is what you were talking about. The court also wrote, now this is the court wrote, not the legislative decisions, not what the, what is required under the law, the court wrote that ballots received within this period that lack a postmark or other proof of mailing or for which the postmark or other proof of mailing is illegible will be presumed to have been mailed by election day unless a preponderance of the evidence, and he demonstrates that it was mailed after election day.

So that was what was going to. Very high bar for Republicans to come in and challenge. How in the world are you going to be able to make that presumption by a presumption of the evidence? How are you going to be able to make, to come to the conclusion that the ballot was mailed by election day? What is the proof that you would have used in court to prove that?

There's no way that you can do that. You would have to go back to that person and you would have to examine that person, depose that person under oath and make a determination on each person on an individual basis. They want election chaos. What they don't want is, so if they can get this in a few other states where you basically, these are large enough states where you could imagine a scenario where Donald Trump is winning, but there are so many of these outstanding mail in, whatever you want to call these ballots that it, you know, like Donald Trump or not, you can't make the call. It's just not right to do because under these new rules, way too many outstanding potential votes that could have the potential to flip, not just local races, but the electoral, where the electoral votes go. And that means Pennsylvania called on election night, very tough to call the entire election. Well, it's so many electoral votes. I mean, yeah, I mean, it's tough for either candidate to get to 270. So here's the great conflict and I know this is something that's going on in the kind of the Washington thought processes. You could have a situation, Jordan, where you have dueling electors where it's too close to call.

The secretary of state can't certify. You've got a Republican slate and a Democratic slate. And they say, you know what, we're going to just turn it over to the legislature, Pennsylvania controlled by the Democrats and let them decide. And that thing could become then, you know, cause ultimately this thing could go to the house of representatives, Congress.

Absolutely. It's happened twice before United States history. It could happen. Look, I'm with Jordan on the outcome in Pennsylvania, not being able to be determined on election night. If these are the rules, it's just, it's going to be so close. And I think the other thing here, Jay Jordan mentioned Arizona.

If Donald Trump does win Pennsylvania, the Democrats will be desperate to keep it before being called from him before Arizona closes because that's another swing state. But after all of that dust settles, the thing to me that bothers me the most about this J is actually something that the majority wrote in this opinion. They said the legislature enacted an extremely condensed timeline and the court didn't like that.

Guess what? So what? That's the legislature's job. And it doesn't really matter what the court thinks about that because it is the legislature's job, legislature's job to, to enact that timeline. To me, Jay, they gave away the game when they wrote that the legislator enacted it, it should stand. Pennsylvania has 7.4% of the electoral votes you need to win the Presidential election, almost 10% at 538 at the blog, you know, Nate silver Pennsylvania, the most important state in 2020.

Okay. So this all comes together. And the Democrat parties filed this lawsuit, not a outside voting group, literally it's the Democrat party of Pennsylvania. So they pick the most, one of the most important, the top two States that came Pennsylvania, Florida.

Because of what fans said, it can come in late, but early enough to where it starts impacting the West. So Arizona, so they, Andy intentionally pick Pennsylvania as the state to launch this post postmark date balloting. In other words, ballots received after the the election date, which you allow for the military because there's a reason they're in foreign military basis, but not for people that live in Pennsylvania. And that's not what the law said, but they intentionally pick that because Pennsylvania, not only is a key state, as Jordan said for electoral votes, but a early call on that, or no call on that could affect States like Arizona, Colorado, they're coming in later as well.

Yeah. It was obviously a target by the democratic party to see if they could swing the election by calling a state or not calling a state or creating chaos in a state, which is what's going to happen in Pennsylvania. I predict there's going to be the chaos in Pennsylvania that we saw in Florida during the Gore Bush situation. This isn't, we have an election day in the United States. We don't have an election week in the United States.

And that's what this has become, Jay and Jordan, this has become election week. Come one, come all, file your ballots whenever you want to, and then come back and then pry to someone who challenged the ballot to prove that it was not filed on election day because the Supreme Court on its own has made a presumption that unless you can show by a preponderance of the evidence, we will presume that it was filed by five o'clock on the day of the election. How can you make that presumption?

How can you prove that evidence? When you look at the electoral college by state, there's only a handful of States like Pennsylvania, which have 20 plus electoral college votes. It's Pennsylvania and Illinois, Florida, Texas, California, New York.

Okay. So now we know New York and California toss those aside. Let's go in Democrat. You can put that in the Joe Biden column. Likely though, some people have talked about New York potentially flipping and there's been so many, so much change in where people live. There's been questions about that too. There's been such migrations that have happened because of COVID restrictions.

Also migrations have happened because of other, the rioting, this, that. Maybe you don't just throw those in the Democrat column, but then I mean, Pennsylvania, you know, even, you know, Romney lost Pennsylvania by like 1.2%. George W. Bush lost it by 2.1% tight. You know, I think, I think Trump carried it by 2.5.

It's going to be very close there, but it's usually close enough where you can call it. And that kind of in can, can end the night on election night. I think, look, this is, they pick, they're going to, they're going to target, they're not going to target 50 States. It's going to be Pennsylvania. It may be Ohio. It's already been Wisconsin. It's going to be Minnesota. It will be something in Arizona. There will be something in Nevada. There will be a big issue in Florida. Mark my words. That's what's going to happen here. And you just got to make sure that they don't steal the election the day after the election. You're right.

Cause I think the real fight on this, there's fights now, but the real fight is going to be November 4th. Rick Renell. Yeah. Rick Renell, our special advisor for national security and foreign policies joining us now after this break. So you've got questions for Rick, getting your call now 1-800-684-3110. Let our call screener know that as well. He will be joining us the next segment of the broadcast. Got a new piece up at ACLJ.org. President Trump's style is working. Oh, that upsets Washington, DC. We'll be right back on Jay Sekio Live. Only when a society can agree that the most vulnerable and voiceless deserve to be protected.

Is there any hope for that culture to survive? And that's exactly what you were saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, Planned Parenthood's role in the abortion industry and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org where you can learn more about our life changing work. Become a member today. ACLJ.org. Hey, welcome back to Jay Sekio Live. This is Jordan Sekio.

We are taking your phone calls 1-800-684-3110. Our special advisor, Rick Rinnell, who's been on the road a lot the past few weeks. He is a special advisor for us at National Security and Foreign Policy. He's got a new piece up at ACLJ.org.

I'll tweet that right after the broadcast. President Trump's style is working. We talked about this some earlier in the week with Rick, that just the style of leadership, the peace deals, don't let those go by the way. A lot happens with the last time we just talked to Rick even, how much happens. By the way, it's also Rick's birthday.

Happy birthday to Rick. And you look like you're on the road again, which is kind of your life right now. It's crazy. Every time I see the President, he says, you are traveling and you're on the road, right? Yes, sir. Yeah. Well, I got the same, I was there just a couple of days ago for meetings with the President and it was the same kind of thing.

But mostly, mine's focusing on cases, not so much the campaign. But you raised something and I said this to the President, it's no secret that his style, and you really do a great job of laying this out, is so different than what Washington has been used to. And then you see the success with the Middle East being literally restructured before our eyes.

I mean, completely restructured before our eyes. It's not a Washington style of leadership. It's a businessman style of leader. It's very transactional in that regard. But you think that's the reason that the success is happening? Yeah. You know, there's so many people that I hear all the time in Washington that complain about President Trump's style or say that they don't like it.

And I always take the bait whenever I hear that. I say, well, OK, let's talk about the style. And I think everybody in your discussion circles, when somebody brings up the President's tweets or style, you should go in for the kill immediately and just say, let's debate it. Let's talk about style, because style is a tactic of getting to a goal. And so we have to evaluate Joe Biden's style versus Donald Trump's style versus Barack Obama's style versus George W. Bush's style.

Let's look at what style works. And I think Washington has been trapped in this status quo style question for so long. I love the question that even the other night President Trump got, which was, why don't you act more Presidential? That's such a Washington definition of what a President means, because the rest of America doesn't really like the Washington style.

So let's debate it. Well, I mean, I know, Jordan, you've got a question. But, you know, when they throw that Presidential thing out, I go back and think to myself, well, you know, Jimmy Carter acted, I guess, Presidential. But the Middle East, even with the Camp David Accords, ends up being a mess. And we have hostages in Iran.

We can't get out. You know, I could go through the list. They act Presidential. What does that even mean to get things done? I'll tell you what acting Presidential means. It means in the campaign as a candidate, you promise to move the embassy to Jerusalem. And then as President, you have to be like, no, I can't do that.

Right. That's Presidential. Instead of I promised it and I did it.

Go ahead, Jordan. Being controlled by it. This is just, I always, this is how I talk to people, Rick, because this causes every time I'm out with a group and they know what I do and I'm sure this happens more even with you. But they say, you know, I just wish he wouldn't tweet this or wouldn't tweet that.

I said, you know, I always, I, my line is always this. I'm just thankful I have a President who I know where his mind is. Like, I know what he's thinking. I know where, where he wants to be. He's not hiding the buck.

He's not hiding the buck. And that is most politicians on both sides of the aisle. You cannot read, even in person, they will smile at you. They will shake your hand. You could come out of there thinking you've got a deal and they could do that all day to both sides of the issue, to everybody, and no deal would come out. And I think that's what people have gotten used to this kind of this slick, shake your hand. You have no idea where they are. Don't ever tell you what's wrong or right.

Don't ever say yes or no. And so you kind of have to play a guessing game on where their policy is actually going to fall down. Or you have to hire a lobbyist in order to understand what, what they're really saying. I've been around Washington long enough to know that there is this whole, you know, there's been this whole push from the media for a very long time to say we want to know more. We want politicians to be transparent. We want to know what you're thinking before you issue a press release about the decision.

And that, that's been the mantra for about 10 or 15 years. And I think the reality is that reporters have that now in this President. They see his thinking, they see his process, and now they're complaining about it. So to me it just goes to show that whatever Washington is asking for, whatever this kind of bureaucratic politician reporter feels, you know, collectively what they want is really not what the American people want.

It seems to me, I mean, Dad, listen, we've all spent a lot of time with the President, all three of us that are talking right now. This is someone who lays it out on the table. He lays it out. Very clearly. And he also kind of lays a lot of things out on the table.

Like Rick said, he used it even like through the tweets. It's his thinking. It's not the final decision. It's kind of how he's processing through. And if people aren't used to that, they're used to just this kind of gift wrapped final package. Here's what they're used to. I feel like this election is, they're trying to run this off of wouldn't you rather have the old man who just reads the teleprompter? That's what they're kind of saying to the American voters. Well, here's the thing.

You know what they're used to, Rick? You get a nice binder. It's got that nice Presidential seal on it.

You open it up. There's your position paper. And then you say it. Instead, we've got a guy that just says it, thinks about it, and says, I don't like this. Or says, I don't like what's in the position paper.

Go ahead. Let's dig deep on that because, Jay, you're exactly right. That's what they want. And what that means, that little nice binder with the seal on it, what that represents and what that means is the power of the bureaucracy. That the deputy assistant secretary of this and that, and the assistant secretary, and the principal deputy assistant secretary gets to formulate everything into that binder. And so what President Trump has done and what he does in the Oval Office constantly is take away the power of the bureaucracy to decide. And he decides and he tries to say, well, now go do it.

And so I like it a lot, actually. I think that his thinking, although it completely upsets Washington and they're going to attack him for being whatever unprecedented means, he is so focused on what the American people want. And I just hope that our listeners really understand that when he's in the Oval Office with multimillionaire executives, he's constantly pushing them to say, you know, how does this decision affect the bottom line for the Americans?

He really is focused on that. I've seen it over and over and it's really refreshing. It is.

It really is. And a piece up, you've also got this piece, we've got about a minute and a half left with you, Rick, today. And so we've got this piece up. We want people to share it. We'll all tweet it out.

I know you'll retweet it as well. It's on this so that, because I think what important thing, because when you're talking to our audience, you're talking to a lot of people, Rick, that are getting those questions. And they are probably sometimes maybe depending on where they got the question at work, where they get the question at church, where they get the question even at home from their loved ones and family is, how do I engage these discussions?

And it's going to be an overload of those discussions from now until election day. Look, I think just take, for instance, having a conversation with your family. You expect your family and you expect those that you love to be really honest with you. You don't always expect them to say everything that you're comfortable with.

But I would much rather have a close relationship with a family member or a politician that represents me being totally honest and transparent rather than packaged and really making it so that I don't quite know what they actually think. You know, folks, check out Rick's new piece. President Trump's style is working as a special advisor for the ACLJ on national security and foreign policy. Rick, happy birthday. Thanks for joining us today.

Folks, when we come back on the broadcast, we'll start taking your phone calls, 1-800-684-3110. This election day extension that we're seeing by courts. Election day is now three days longer in Pennsylvania, depending on where you put your ballot. And by the way, drop-off ballots. And then the bar set for legal challenges to each ballot is, again, like Andy said, are you going to haul people in and make them testify under oath about their ballot? Do the people even exist?

Try to find them. We'll talk about second half hour, Jay Sekio, live. For decades now, the ACLJ has been on the front lines, protecting your freedoms, defending your rights in courts, in Congress, and in the public arena. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life changing work.

Become a member today, ACLJ.org. Live from Washington, D.C., Jay Sekulow, live. And now, your host, Jordan Sekulow. Welcome back to Jay Sekulow Live.

This is Jordan Sekulow. I know people have been holding on. Rick wanted to come on earlier in the broadcast. His new piece, I'm about to tweet it out for you right after the broadcast. President Trump's style is working.

That's up. Remember, he is ACLJ special advisor for national security and foreign policy. I don't like doing it to him while he's on the air, but this is someone who just left President Trump's cabinet, who's coming to you a couple times a week, weeks ago, who's still very close with the President, obviously, you know, in his role. On here, he doesn't really like cut any corners.

He's like us. He doesn't say, oh, Republicans are the perfect ones, Democrats are always wrong. It's really about kind of how things have changed with this administration.

It's not so like vote this way, vote that way. It's more individual by individual. But so he's got those relationships still. But I think it's just it's so key that we're bringing you that a couple times a week when you're all being inundated. Because if you're a listener to this broadcast, you're probably someone who does talk to your family and friends about politics. It isn't something to that you don't discuss. It's something you actually do discuss at the dinner table. And you do discuss at church.

You do discuss maybe even at work with your colleagues in the appropriate times. And they may have questions for you because you're one of the more informed people. And they may say things. There are plenty of people I know who say they're voting for President Trump, but but they'll say the thing like, I didn't like this tweet or I didn't like that tweet. They don't look at kind of like the big picture why they even are voting for him in the first place.

That's what Rick's talking about is in this piece is how do you talk to people about how you feel, you know, kind of from people who are who who dealt with and worked with him every single day. Can you can anyone argue? I mean, can you legit I'm gonna ask Harry Hutchison, he just joined us our director of policy. Can anyone really argue that whether you like his style or not, that this President has gotten an awful lot done, including reshaping in the Middle East? I mean, could you argue that and with a straight face and say, Oh, his styles really hindered the American, you know, the American government?

Absolutely not. It is clear beyond question that this President has promised a lot, but he has also delivered and on policy, he has been rock solid. And so one of the things that I think listeners have to think about is you should decide this election on the basis of the future of your children, as opposed to what the blogosphere is saying about the latest tweet by the President. And so I think for most rational observers, it is clear beyond question that President Trump based on his performance is entitled to reelection.

Without a doubt, fan, what about the Can I ask them that question too? I mean, because Rick brought up a good point. You know, we're gonna get to this election issue in a moment. But, you know, he is the great disruptor in that sense, President Trump. And DC doesn't like that at all, Jay, I can tell you that. I mean, that's part of the rise in that there are some in Washington DC who will be against the President because they don't like being disrupted. And look, I've said this before, Jay, but I just think the American people are way ahead of Washington DC on this. They do not like what they've been getting out of this city for a long, long time. And they were desperate for a disruption. Now, look, they may or may not think that this was the best way to disrupt it, but they were desperate to have it done. And I honestly think that the only way to maybe maybe even compete with President Trump on that is to promise a disruption. You can maybe promise it in another way, but promising to go back to what we had before, which is essentially what the Biden campaign is promising. Jay, I just don't think that has a prayer of having traction with the American people.

They've decided that Washington DC has been doing it wrong for a long time. I think, you know, listen, we have COVID, we've had, you know, to do some tough economic times. So thankfully not as tough, honestly, as it could be. I'm not speaking for everybody. I know some of you are going through really tough times. There's wildfires, there's hurricanes, there's things you've got to deal with.

But you know what? There haven't been, we've had, we've destroyed ISIS, taken out their leadership. There hasn't been the kind of terrorism, international terrorism that we've seen in a domestic level, you could say. But even that's very regional depending on kind of where you live.

And if you already know that you live in a liberal college town, well, or a place like Portland, you may be dealing with more protesters than if you live in a red state in a, you know, kind of red state capital. And so that's kind of like what you would assume. Things have been still booming. And like, so the recovery started before there was a vaccine for COVID. There's not a vaccine today. And the recovery already started economically.

Think about that. It's because the business world, the finance world, globally trust this President. Whether they like to say it or not, they do with their pocketbooks in the stock market. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms. That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side.

If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life changing work. Become a member today, ACLJ.org.

Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, the play on parenthood's role in the abortion industry and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. We're going to go right to the phones. People have been holding on since the first half hour of the broadcast and talking about what's happened in Pennsylvania too on election day. Let me just quickly recap it. So Supreme Court, this is a quick recap. We've had the discussion.

We want to get your calls in on it. So mail-in ballots in Pennsylvania have previously been due by the time polls close on election day. But the Supreme Court order has added, this is the Supreme Court of Pennsylvania, this is a Democrat party lawsuit to do this, added a three-day extension to receive ballots as long as they're postmarked by 8 p.m. on election day. Ballots with a pre-election postmark will now be counted as long as they are received by 5 p.m. on November 6, three days after the polls close. This also includes in this holding by the Supreme Court, if you can't read the postmark or there is no postmark at all, the presumption is it was in on time and that they've set a legal standard for how to challenge every ballot. So if you want to come in, if you're the Republican party, or wait, maybe you're Joe Biden's campaign and you're down 200,000 votes, this is going to make it harder for you. But it tells me the Democrats don't think that about Pennsylvania right now. They don't think they're going to be the ones having to go into court challenging ballots.

This is the thing I want to read because I read this in the first 30 minutes. I think it's really important. This is where the mischief comes in on election day or the three days after. The court also wrote that ballots, I'm quoting from the court here, received within this period, the three day period, that lack a postmark or other proof of mailing or for which the postmark or other proof of mailing is eligible, will be presumed to have been mailed by election day unless a preponderance of the evidence demonstrates that it was mailed after election day. So no postmark, nothing happens. It's stuck in a mailbox, but never gets posted, you know, never goes through or we're sent to a place and it's presumed to be valid. And now the burden is on the challenger, Andy, by preponderance of the evidence.

That's the problem that I have. This is all made up. In other words, the Supreme Court of Pennsylvania has decided to make up a law and to say, why isn't it that if you receive it afterward and it's the eligible postmark that it is presumed to have been sent by eight o'clock on the day of the election, if you can show that by the preponderance of the evidence. What, where do you get that from? Why don't you say by strict proof? Why don't you use the criminal standard beyond a reasonable doubt?

Why don't we pick that? This is made up law. Yeah, but this ambiguity, Harry, allows for the mischief.

Absolutely. So the court has issued an open and obvious invitation for voter fraud to particularly the Democratic Party, which sued to get approval for this process. The court's decision exceeds its constitutional and legal authority because quite simply under the Constitution, the responsibility for determining the time, place, and manner of elections lies solely within the purview of the legislative branch. Even the Pennsylvania Supreme Court concedes this particular point. But then the court goes on to make up law, law for which there is not a legal basis for it. Yeah, but that's, I mean, making up law, and it just happens to be, Jordan, law about an election for President of the United States. So here we go, and Pennsylvania, like you said, is not only a key state because of the electoral votes, but also is an East Coast state, which can then impact West Coast states or Mountain states.

Oh, absolutely. I mean, this is a state that, again, it comes in later because it's large, but I mean, if it's trending Republican and those early exit polls show that, what will exit polls mean if they have a million plus mail-in ballots that if they don't even have a postmark can be counted as good? What will any of those things mean?

Nothing. Now, I think what the Democrats have set up here is the best case scenario for them in a lot of these states is keep it from being called for Donald Trump. They're that scared that he just starts, the wave begins on the East Coast, and then that wave starts and it just builds and builds and builds.

You know where it hits them the hardest? It's not really Arizona. By the time you get to Arizona, the wave either started or not. So it's the Midwest. It's the states that Pennsylvania connects to via West Virginia. It's Ohio. And then you get into Ohio, you get to, it's places like Wisconsin and Minnesota. They start dropping because of Pennsylvania. And then the people have turned off the TV.

Donald Trump has been reelected President. And by two in the morning or so on the East Coast, you could go to sleep knowing who your President's going to be, who's going to be sworn in as the next President of the United States. They don't want that scenario.

They want the scenario of you're going to have to be up for days, weeks. Is Nancy Pelosi going to have to swear in as President temporarily? I mean, seriously, that's what they want people. That's the mindset. If they can cause the chaos, that's a victory for them right now. It shows me how confident they are with all these polls that show Joe Biden with a two-point lead. Joe Biden with a two-point lead is Joe Biden getting beat in each of those states by eight points. They know that.

They know that. If you look at the polls from 2016, that means that Joe Biden loses almost every state in the country. I mean, literally could lose 40 states. Now, no poll is ever going to show that. And in fact, they're going to always oversample Democrats. So you're going to show Biden with these small leads. Now Republicans have to show up to vote. That's the one big question out, Marc, here, I think.

And then we'll get to your phone calls now, 1-800-684-31. The big question is, how does COVID affect actual voting? Because Republicans on election day show up. Democrats typically are harder to get out to vote on election day. That's why they love this mail-in stuff. That's why they love the fact that you could drop it off at some box and then you're done three weeks before the election. Now I'm not just talking about early voting, I'm not talking about absentees, but generally on election day, if a Republican voter, someone registered Republican, shows up to vote in the Presidential election and a Democratic voter, you can assume, may not.

So that's two different assumptions. Because everybody that was registered Democrat voted Democrat and showed up in these elections, Republicans could not win a single election anywhere in the country. They are way out registered Democrats. Now a lot of people have switched parties long ago, but never changed their registration.

Some states kind of force you to, or else you can't vote in the primaries. So it depends on that. But again, I want to go to people's phone calls. People like Randy have been holding on online too. Randy, welcome to JCECU Live.

You're on the air. Well, thank you for taking my call. You probably, I think you've already answered my question, but the constitution says that election day is the first Tuesday after the first Monday. So shouldn't any vote after that be void? That's actually, that's actually a statute of Congress that actually sets that as the first Monday, the first Tuesday after the first Monday.

So it, but yes, but you're go ahead and finish your point, but you would think that would make it very simple. Election day is that day. That's the day of elections. What the constitution says, Randy, is that Congress establishes a date. That's election day. Congress has done that through statute. It's the first Tuesday, you know, November. We all know that.

So everybody knows it. It's clear. There has been discussion about should that be a day off in a lot of countries, there's a day, a day off and it's never really that it would be up to kind of Congress should be a federal holiday.

At least that would mean that every business would be closed, but should, should the, of course the federal government has to do a lot of work on election day. So it makes it a little tough. Randy, go ahead and ask your next part of your question. Cause this is an interesting question.

Go ahead. Well, how would mail-in voting be constitutional then? Because the ballots come in after election day. So a mail-in ballot could be constitutional because the state set up the process for balloting, for casting a vote, but the legal issue is, and this is where it does become a constitutional issue and that Pennsylvania Supreme Court decision may go to the U S Supreme Court. And that would be if I'll go to Harry first then Andy, and then, and that is if in fact that happens and there's challenges where this is appealed up, it could violate the provisions of our constitution, which sets up for due process balloting as we saw in Bush versus Gore.

Absolutely. And I think the caller raises a very, very important point. In other words, does election day actually mean election day or can state courts arbitrarily without a legal or constitutional foundation extend election day. And essentially what the Pennsylvania court has done is that they have given us an arbitrary capricious and ideologically biased decision designed to tilt the election toward the Democrats. And it also, Andy, this is the grounds for mischief. This is how you create electoral mischief. And that's the whole idea behind what the Democrats are doing. Folks. This is an attempt to create chaos and mischief so that they can steal the election.

And I'm going to say it just outright, just like that. Look, the law was enacted in 1845 and it was called the Presidential election day act, not week act, not month act. And it says that the election day shall be the Tuesday next after the first Monday in the month of November. Now when you start extending these for three days because of mailing and things like this, you have violated what the statute says and you have not disenfranchised people. You have violated the law. You go and vote on election day.

You vote the proper way in the proper fashion, not through a made up system where you say, well, if it's postmarked on this day by a preponderance of the evidence, will you come up with that? Jay, will you come up with that? Why don't we say beyond a reason? Why don't we use the criminal standard here? It's ridiculous.

No, they just made it up. All right, folks, we get back. We're going to take more of your phone calls too.

People been holding on. So that's what we're going to do. Final segment of the broadcast. 1-800-684-31 tend to talk to us on air.

That's 1-800-684-3110. Rick Rinnell's new piece is up on aclj.org. President Trump's style is working. I will tweet that right after the broadcast. I know Rick will get that tweeted out as well if you follow him on Twitter and social media.

We'll be right back on Jay Sekio Live. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, play on parenthood's role in the abortion industry and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work.

Become a member today, ACLJ.org. All right, so we know what we're talking about. We got Pennsylvania, we got these extinctions in voting. We're going right to the phone calls 1-800-684-3110 with Bruce in Colorado on Line 6. Bruce, welcome to Jay Sekio Live. You're on the air.

Thanks for taking my call. I live in Colorado. We've had for about a half a dozen years now the mail-in ballot thing. And so far, they've been able to keep Election Day as Election Day, like what we're hearing now.

But I think a communication factor needs to come into play there. In Colorado, they communicate over and over that if your ballot is not received by 7 p.m. on Election Day, that they actually have that ballot, it will not be counted. Right. And that's different. Each state's different. Each state's different. That's the right way. That's how these states have already... And let me just say this, Bruce.

I think you probably agree with me. Your state has done, as you said, for like half a decade or more. Presidential elections are not the election cycle you use to try things out to see if they work or not. Because you get way more votes, Bruce, way more people show up. You get way more ballots, way more ballots that were filled out wrong, way more ballots that shouldn't be counted because they were done incorrectly or they don't show up on time. And so you just... You don't use Presidential elections as the test elections. You use a midterm. You use local elections. You use primaries.

There's lots of ways. And you could do it over multiple cycles before you say, we're gonna do this on the election. We have once every four years to choose who is going to be the very powerful commander in chief and leader of the free world. That's not the election date that you choose to start testing new styles of voting, new ways of voting. That's why I think it's great that Colorado could handle that. But states that don't have that already set up can't figure that out in two months.

Okay. You really trust the postal service working with your state government, which in most of your states hasn't even shown up to work since March and they're gonna be able to redo voting? I mean, how about just get voting done on election day? I would just like the states to focus on get enough people to work with COVID and everything so that everybody can get in there. It doesn't have to wait in line 10 hours and you could go vote and spend the resources there. So it's safe to go and make sure that you tell your citizens it's safe instead of scaring them all to death. I don't know why Democrats are doing that.

I'll be honest. I think Democrats who get a lot of votes from people in economically tougher areas and minority communities. And they've told them, if you go outside, you'll die. So they're gonna have to figure out another way to get their vote somehow, even legally. Another way they're trying to figure out another way to get their vote.

We're not talking about fraud here because they've told people, if you live in a big city, don't wait in line an hour and a half for other people, you will die. So why would you do it on election day? Why would you show up for Joe Biden?

He's not the kind of guy you show up and risk your life for. But that's exactly what you're saying. Barack Obama might've been for a lot of people, a lot of communities back because it was so historic what he was doing. I saw, I went to go vote.

I was in Norfolk at the time. So again, big minority population, a lot of people, they were 60 plus years old who'd never voted in a Presidential election before, primarily African-American. We know African-Americans one are more affected by COVID. We know that there's not gonna be a vaccine on election day. And it's Democrat blue states that preach, don't go outside. That's not red states. That's not happening. You go to a red state, so pretty open. You go to a blue state, it's a ghost town everywhere you go. So they're trying to figure out ways to how do we get their vote without telling them to do something that we know is okay, but we don't really want to tell them it's okay because of other politics.

I think what Andy said earlier is right. I mean, you got a statute that says Presidential election day, and we're now we're turning it into election month or election weeks or election quarter. I will tell you as a lawyer that's involved in some of this, that the post election day litigation, I suspect will be very significant.

Now I wanted to run quickly to Than on this. I know we're tight on time when we get calls, but Than, is there any sense of what Congress even talking about this or is it like mum is the word here? I know they're all out campaigning. Yeah, I think there's some concern, especially from officials in that state. You heard Senator Toomey, and I think most of the concern Jay is going to revolve around the fact that the Pennsylvania legislature, Jay, they knew good and well when election day was, and they wrote this law with that in mind. So for the Supreme Court to come in and overturn, they're not just eviscerating the federal statute that says it's a day. They're also overriding the authority of the legislature who knew when that day was, Jay. They knew when that day was.

They started with that day and they backed the deadlines up from then. If you allow this kind of chaos, Jay, I tell you what, taking control away from state legislatures, this would just be the beginning. All right, we're going to go right back to the phones. Beverly and Utah Online 5 Beverly, welcome to Jay Sekio Live.

You're on the air. Thank you very much for taking my call. So a comment and a question. My comment, first of all, in regards to the Presidential style is I just wanted to say that, you know, my father always used to say, say what you mean, don't mean what you say. And at least we have a President, even though I didn't vote for him for personal reasons, I have come to appreciate all that he's accomplished. And I can definitely say at least he may not be as tactful as polite society would like him to be, but at least you know where you stand with him.

He's not going to try and shoot you to your face and then railroad you behind your back. And then in regards to the Supreme Court ruling and in Pennsylvania, I wanted to know, is there anything that A.C.L.J. can do legally to challenge Pennsylvania's Supreme Court ruling regarding extending the postmark date for ballots, as you have done in other cases?

No, listen, I appreciate that. So here's what we're doing. I will tell you, let me put on dual roles here. So the American Center for Law and I'm not talking as a President's lawyer but as part of the A.C.L.J., as these cases reach, for instance, a Pennsylvania Supreme Court case were to go to the U.S. Supreme Court, the A.C.L.J. would file a friend of the court brief. Why? Because election integrity is vital to our constitutional framework. So there's a basis upon which constitutionally, Andy, we would engage. Yes, absolutely. Because of the constitutional right that is being, in my view, disenfranchised because this is a constitutional, this is a statutory provision enacted by Congress over 100 years ago and it says election day and it says that's what the mandate is and that's the supremacy clause.

It takes precedence over state law and the state law cannot override what the federal law is and it mandates Presidential election day and it says when it is. That's the day. And I like how she talked about polite society. You know what the problem with polite society is most of you listening right now, polite society doesn't like you. You would never be accepted into polite society. It doesn't matter how polite you are or nice of a person you are. Because polite society doesn't actually mean polite or nice. It just means fake, like we were talking about with Rick. It means, yeah, I check these four boxes so that either side checks the four boxes and we all love each other and you can't really dislike someone with political views.

I mean, think about this. We say like if the other side gets elected, the world's going to burn down. In polite society, those same people can go to cocktail parties together. In real life, if you actually believe that the world will burn down because George W. Bush will get elected and then the Bushes and the Carries couldn't be in the same room together without like even polite, right?

So polite society means fake. They don't even believe what they say. President Trump, they don't want to be in the same room with him because he tells them to their face and he does hold grudges because he actually believes it. If you don't believe it, you can go have your cocktails together. If you do believe it, you really shouldn't be able to because the things they say about each other, if they actually believed, would not be able to blossom into friendships after they're out of office. They would hate each other.

They would have serious dispassion. Rick talks about it in his new blog that's out. Rick Rinnell talks about his new blog at aclj.org. That's exclusive content for us at ACLJ, by the way, that Rick is writing as a special advisor, so it's just for you.

And he talks about how they hate President Trump in Washington, D.C. because he's not part of their group that can just go all play nice together or hire a lobbyist to handle it for you. And that's the new way. Do you really want to go back to the old way and give this up?

That's the question of this election and why all these laws are being changed, trying to steal that choice from you. For decades now, the ACLJ has been on the front lines, protecting your freedoms, defending your rights in courts, in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work. Become a member today. ACLJ.org.
Whisper: medium.en / 2024-03-10 21:55:21 / 2024-03-10 22:19:57 / 25

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