Virginia did what Pennsylvania, Arizona, Georgia, Michigan and Wisconsin did. Either the Governor, Board of Elections, Sec. of State and/or a Democrat state judge changed the election laws contrary to the will of the state legislature on their own. Not only is that a violation of the separation of powers, it is a violation of the electors clause of the Constitution. The courts so far, being too scared or corrupt to simply apply the plain language of the law, threw out the cases so that the evidence and the merits could not be put on the record.
Today that changed. The Public Interest Law Firm (PILF) won in the Virginia State Court. The court ruled that bureaucrats changing the election rules unilaterally to allow ballots to be counted with no postmark for days after the election was unlawful and banned the practice.
On the merits Republicans have not only been right about this, but the law is so clear it is not rationally disputable. Any court that examines what these states did on the merits would be forced to side with Republicans.
Now that the inauguration has passed the courts will likely get more courageous and do the right thing. The fact that so many courts were unwilling to enforce the plain text of the law tells you how weaponized and corrupt our courts have become.
The Virginia Board of Elections rule allowing officials to count ballots that arrived without a postmark up to three days after the election was illegal, a state judge ruled.
Virginia Circuit Court Judge William Eldridge ruled the state’s late mail-in ballot
law rule (fixed – PoliticalArena Editor) violated state statute and permanently banned the law rule in future Virginia elections, the Public Interest Legal Foundation (PILF) announced Monday. PILF sued the state’s board of elections in October on behalf of Thomas Reed, a Frederick County, Virginia election official.
“This is a big win for the Rule of Law,” PILF President and General Counsel J. Christian Adams said in a statement. “This consent decree gives Mr. Reed everything he requested – a permanent ban on accepting ballots without postmarks after Election Day and is a loss for the Virginia bureaucrats who said ballots could come in without these protections.”