Disclaimer: I’m not a lawyer
I’ve heard this been thrown around a few times, that because mail-in ballots and in-person ballots have differing process/treatments it is a violation of the 14th amendment, guaranteeing equal treatment. And... We have precedent for this. The Hobby Lobby ruling. If we are going to say my business is an inseparable extension of myself and thus is deserving of the same civil liberties that I am, then does my vote not fall under that same distinction? Why is someone else’s mail-in ballot able to be received after Election Day, but I cannot go and vote in person after Election Day? Unequal treatment. If we want to zoom in on PA, state legislature ordained that MIBs must be received by 8pm Election Day. Not post-marked, but received. To my understanding, the SCOP legislated from the bench to extend this but I don’t really recall the exact verbiage- regardless LftB is a big no-no and the SCOTUS may simply overturn that on principle. This argument gets cemented further with emerging affidavits testifying of backdating MIBs. Disregarding the felonious nature in and of itself, this is also a 14th amendment violation as again: people voting by MIBs were afforded an opportunity those choosing to vote in person were not. You could liken this to me standing in line and deciding to leave because it was too long. We’ll say it was my only day off and I had to leave to go to work. Why can’t my standing in line on Election Day before they closed the polling station qualify my being able to submit a ballot post Election Day when someone postmarking their ballot at Nov 3rd 7:59 pm does?
This should not affect absentee ballots as there are legitimate reasons as to why the person cannot arrive in person: work related travel (transportation, deployment, etc), incapacitated; varying obligations/conditions rendering you unable to vote in your precinct. In other words, verifiable reasons for why they ought to be accommodated. Mail-in ballots are not for any of these categories. They can try to argue “muh covid”, but Fauci and some other Dr I forget the name stated we can vote in person. They would be deferred to as authorities on the matter and thus may render that argument null.
Thoughts?