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* More background is here if you need it. Tribune…
Democrats in Springfield and Washington are vowing to defend Illinois election laws against a sweeping executive order from Donald Trump aimed at limiting counting of mail-in votes, requiring proof of citizenship to register to vote and giving Elon Musk’s Department of Government Efficiency access to voter data. […]
Trump’s order goes after one significant aspect of Illinois election law, a 2015 statute that requires the counting of mail-in ballots that are postmarked or voter-signed and certified by Election Day and arrive within the following 14 days. Illinois is among about 20 states that allow post-Election Day vote counting.
The 7th U.S. Circuit Court of Appeals in Chicago in August upheld a lower federal court ruling that dismissed a case brought by Republican U.S. Rep. Mike Bost of Murphysboro and led by the conservative law group Judicial Watch that sought to prevent any votes from being counted after Election Day.
Judicial Watch appealed the case, which was dismissed for lack of standing, to the U.S. Supreme Court. The appeal came less than a month after the conservative 5th District Circuit Court of Appeals in Louisiana sided with Republicans and said Mississippi’s law allowing post-Election Day vote counting violated federal law. […]
Trump ordered the U.S. attorney general’s office to “take all necessary action” against states that “include absentee or mail-in ballots received after Election Day in the final tabulation of votes for the appointment of presidential electors and the election of” U.S. senators and House members. He also said the federal Election Assistance Commission “shall condition any available funding to a state on that state’s compliance” with counting all votes on Election Day.
I don’t know how the president can claim that he has the power to decide a dispute between two appellate circuits. That’s the US Supreme Court’s job.
…Adding… Press release excerpt…
In response to the executive order, a group of voting rights advocates including the League of Women Voters of Illinois and the ACLU of Illinois released the following statement:
As organizations who have worked tirelessly to advance and expand access to the ballot across Illinois for many years, we condemn the President’s blatant overreach aimed at changing the progress we have made in our state. Donald Trump would disenfranchise millions of eligible voters—based on the lie that non-citizens are voting in large numbers. This executive order—like so many of Trump’s efforts—is blatantly illegal and attempts to substitute the conspiracy theories of the Trump White House for good policy measures we have adopted in Illinois.
With less than a week before voters across the State of Illinois go to the ballot box in critical important elections, no one should be confused or misled: the President’s order does not impact the ability of people to vote by mail or register on election day in our state for these elections. We encourage everyone who is eligible to participate and vote for candidates who reflect their values in these important local elections.
posted by Rich Miller
Thursday, Mar 27, 25 @ 11:32 am
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==I don’t know how the president can claim that he has the power to decide a dispute between two appellate circuits.==
Any President of average, or even slightly below average intelligence and respect for the constitution and separation of powers would not make such a claim. Unfortunately, we don’t have one of those these days.
Comment by fs Thursday, Mar 27, 25 @ 11:38 am
I am waiting for DOGE to announce , for efficiency, we dont need congress or the Supreme court as the Executive branch can decide everything via EO.
Comment by Proud Thursday, Mar 27, 25 @ 11:41 am
=== I don’t know how the president can claim … ===
He opens his mouth. Sorry, couldn’t resist.
You’re on it. Too bad many journalists don’t have your understanding of government and legal process. They actually treat it as if it’s law.
Comment by Norseman Thursday, Mar 27, 25 @ 11:47 am
Not a fan of the EO as this matters is best left to the states. But thats not really the point. Trump want to force the Dems into a box where they appear to be in favor of letting non citizens vote - not based in reality but it will play well with lots of voters.
Comment by Donnie Elgin Thursday, Mar 27, 25 @ 12:01 pm
Requiring mail in votes arrive by election day is one of the most anti-military stances one could take.
Comment by Anyone Remember Thursday, Mar 27, 25 @ 12:01 pm
@Anyone Remember. Absolutely right yet this country has a history going all the way back of disenfranchising military personnel. It has always been weird to me those people serving should always be a priority in getting their vote in and counted
Comment by DuPage Saint Thursday, Mar 27, 25 @ 12:10 pm
The only thing that particular EO is good for is to act as a guideline for a bill to be introduced in Congress.
Comment by RNUG Thursday, Mar 27, 25 @ 12:15 pm
===but it will play well with lots of voters===
This ain’t a game. And the next election is a long way off.
Comment by Rich Miller Thursday, Mar 27, 25 @ 12:18 pm
Of course, Trump does not have the right to do this. Must wait for a SCOTUS decision.
However, what happens when appellate courts rule differently? Which one takes precedence? And what if SCOTUS never takes the case?
If anybody out there can explain this to me I would greatly appreciate it. Must be an answer but my limited legal research skills have not led me to it.
Comment by Mason County Thursday, Mar 27, 25 @ 12:20 pm
===However, what happens when appellate courts rule differently? Which one takes precedence?===
The one where you live.
Comment by Rich Miller Thursday, Mar 27, 25 @ 12:29 pm
I thought elections, even Presidential elections, are actually a series of state elections rather than one large national election. I question the authority of any President dictating how a state must run their individual elections. Besides that I thought the Republican Party was always supposed to be the party of states rights? Ronald Reagan must be rolling over in his grave.
Comment by Stones Thursday, Mar 27, 25 @ 12:32 pm
If there wasn’t rampant ignorance in the country with regard to elections and how secure they are I would laugh this off. But, unfortunately, you can’t laugh it off because there are too many gullible people out there who believe anything this President says and they are willing to believe that election fraud is rampant when there is absolutely no evidence to support such a conclusion. I really am more and more disappointed in some of my fellow Americans every single day.
Comment by Demoralized Thursday, Mar 27, 25 @ 12:33 pm
==I thought the Republican Party was always supposed to be the party of states rights==
Only for the states they agree with.
Comment by Demoralized Thursday, Mar 27, 25 @ 12:34 pm
@Donnie: no state is or will defend letting non citizens vote in federal elections. But many will decry Trump’s efforts to keep citizens from voting because they changed their name when they married, or lost records in household disasters, or otherwise he have difficulty complying with this over-reach.
Comment by Socially DIstant Watcher Thursday, Mar 27, 25 @ 12:40 pm
===However, what happens when appellate courts rule differently? Which one takes precedence?===
The one where you live.=
So does that mean that different decisions on a specific issue apply differently to different areas of the country?
What am I missing?
Comment by Mason County Thursday, Mar 27, 25 @ 12:42 pm
===What am I missing? ===
Nothing.
Comment by Rich Miller Thursday, Mar 27, 25 @ 12:50 pm
==I don’t know how the president can claim that he has the power to decide a dispute between two appellate circuits.==
Thucydides said something about this centuries ago, quoting the Athenians as telling the vanquished Melians: “Right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must.”
The present administration will continue to act as it chooses so long as it believes it has the power to do so — not the authority, to which this administration is indifferent, but the power. Only if and when confronted and checked by an equal or superior power will this administration’s behavior change.
Comment by Flapdoodle Thursday, Mar 27, 25 @ 12:51 pm
So that means that there can be different applications of the law depending upon the Appellate Court you live in until SCOTUS makes a ruling.
Interesting, potentially very confusing but thanks for the clarification.
Comment by Mason County Thursday, Mar 27, 25 @ 12:53 pm
= So that means that there can be different applications of the law depending upon the Appellate Court you live in until SCOTUS makes a ruling=
2A groups have been in this limbo for years.
Comment by Donnie Elgin Thursday, Mar 27, 25 @ 1:22 pm
It is always been a burr in Trump‘s saddle that Democratic voting strength at the polls has been better than Republicans when it comes to mail-in voting. His base of older senior citizens comes out reliably on election days but it’s harder for a wide base if dem voters to get to the polls in person. He was against male and voting for a long time until he realized that it was starting to cripple his own votes. Also, he lives in a game show mentality, where he wants instant results before the end of the hour so that the TV news can declare a winner by the 6 o’clock news so for him the best way to do this is to reduce the ability of people to vote by mail. The scarier part to me is allowing D.O.G.E. Anywhere near voter rolls and election systems.
Comment by Give Us Barabbas Thursday, Mar 27, 25 @ 1:24 pm
You can make allowance for overseas and military ballots, while still believing it is not “anti-democracy” to require people who live a short distance from polling places, with early voting, to make sure they cast a ballot in time to be counted by Election Day - not weeks after.
Comment by JB13 Thursday, Mar 27, 25 @ 1:37 pm
===to make sure they cast a ballot in time to be counted by Election Day===
lol
Have you used the mail lately?
Comment by Rich Miller Thursday, Mar 27, 25 @ 2:03 pm
- I don’t know how the president can claim that he has the power to decide a dispute between two appellate circuits. -
It’s called ruling by fiat…it’s the decree of a King.
Comment by Dotnonymous x Thursday, Mar 27, 25 @ 2:08 pm
Also, for comparison, tax day is April 15. The IRS doesn’t require that it receives your return by then, only that it is postmarked by then.
What’s the dif?
Comment by Rich Miller Thursday, Mar 27, 25 @ 2:11 pm
If only fairly drawn maps could get the same attention as this….right Governor Pritzker..
Comment by Tax And Spend Thursday, Mar 27, 25 @ 2:41 pm
The Supreme Court is the only court required by the Constition. But Mike Johnson is floating the idea of getting rid of fed courts.
Comment by Arguenda Thursday, Mar 27, 25 @ 2:45 pm
===But Mike Johnson is floating the idea of getting rid of fed courts.===
lol
Comment by Rich Miller Thursday, Mar 27, 25 @ 2:49 pm
“What’s the dif?”
The red mirage disappearing as democratic mail in ballots are counted.
Comment by Huh? Thursday, Mar 27, 25 @ 2:52 pm
Once something, such as a mail in ballot, income tax return, or utility bills, are put in a mailbox, they are under the control of a quasi governmental agency, AKA the United States Postal Service. Delays in delivery are not the fault of the poster, but rather the fault of the carrier.
Various States have laws governing mail in ballots. That as long as the ballot is postmarked by election day and received within a specified time after election day, the ballot may be counted.
As previously noted, as long as an income tax return is postmarked by 4/15, it is as good as submitted. I believe there is a law concerning utility bills that follows the same rules. As long as the utility bill is postmarked by the due date, the utility company can’t impose late fees.
The tramp eo is meant to solidify the red mirage by nullifing mail in ballots that are received after election day.
Comment by Huh? Thursday, Mar 27, 25 @ 3:02 pm
@JB
Why does it make a difference if it’s received by election day as long as its postmarked by then? What is the fraud danger in that? You’ve fallen for the hysteria hook, line and sinker that somehow there’s something nefarious going on if its not there by election day. You people continue to amaze me with your ridiculousness every single day.
Comment by Demoralized Thursday, Mar 27, 25 @ 3:22 pm
“make sure they cast a ballot in time to be counted by Election Day”
Why?
If you’re going to wait for military ballots anyway, what difference could it possibly it make where the mailed ballots were posted?
Your proposal would do nothing but disenfranchise voters — but I suspect that you knew that.
– MrJM
Comment by @misterjayem Thursday, Mar 27, 25 @ 6:11 pm
- Trump want to force the Dems into a box where they appear to be in favor of letting non citizens vote -
No, he’s trying to assume powers not granted to him and hoping the SCOTUS eventually rules in his favor. There are words for this type of leadership but sycophants like you don’t like hearing them.
Comment by Excitable Boy Thursday, Mar 27, 25 @ 6:40 pm