NixonNow vs. The Department of Forum Affairs (user search)
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  NixonNow vs. The Department of Forum Affairs (search mode)
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Author Topic: NixonNow vs. The Department of Forum Affairs  (Read 1129 times)
TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« on: April 03, 2006, 03:10:13 PM »

Begin arguments in this thread.
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TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« Reply #1 on: April 05, 2006, 07:33:03 PM »
« Edited: April 05, 2006, 07:35:18 PM by AFCJ TCash »

Yes, we really do need to hear from the plantiff.

I do have a question for the Secretary about his testimony, though. You claim that
  Article I Section 4 Clause 3 Sentence 1 Phrase 2 states that:
“Such special election shall be held from midnight Eastern Standard Time on a Friday and shall conclude exactly 72 hours later.”
While 72 hours is indeed mentioned, it is not in the context of the election lasting that long, but rather a way to avoid having to circuitously writing the following:
“Such special election shall be held from midnight Eastern Standard Time on a Friday and shall conclude midnight Eastern Standard Time on the Monday following.”

I'm having a hard time buying that the text you quote isn't intended to state how long the election is to last. It seems pretty obvious to me that the text does intend to make clear both the times for the election to start and end as well as the length of time it is to last. What isn't explicitly answered is what is to happen if the booth is opened late, which can happen. Which should be honored more, the times mentioned or the length of time declared? And, are we as justices and administrators supposed to deal with what the law says rather than why it was written the way it was? That is, isn't what is stated more pertinent than what is not stated, in this case the avoidance of "circuitous writing"?
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TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« Reply #2 on: April 05, 2006, 11:15:08 PM »
« Edited: April 05, 2006, 11:27:13 PM by AFCJ TCash »

Thank you for your response.

I believe you maintain that the booth staying open for 72 hours is not a constitutional mandate. So, are you maintaining that 72 hours is an option you have or does your interpretation require you to close the booth at 1800 EST Sunday? Is there any situation, say hypothetically an inability to access the forum on the final day of voting or an extreme delay in opening a booth, that would allow you to extend the time past 1800 EST to accommodate voters? Or does the Constitution tie your hands as to when to close the booth?

EDIT: And by inability to access the forum, I mean that the forum's server is down or the like.
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