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DEROY MURDOCK: Early Voting Is Against The Law

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Deroy Murdock Contributor
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Tuesday, November 5, 2024, is barely a year away. How will it look?

Not long ago, Election Day found hundreds of millions of Republicans, Democrats, and independents with heads full of knowledge about candidates and causes. Beyond the infirm and the absent, Americans walked with dignity into their precincts at schools, firehouses, and libraries. And on one glorious autumn day, we decided en masse — who would lead us in Congress and the White House.

Today, the same crowd that cannot tell a man from a woman has demolished this beautiful picture, too.

Election Day teeters on extinction. Americans now vote across Election Quarter. Elections start about Labor Day and end around Black Friday.

Not good!

But this need not be. And Americans who want to restore Election Day have a powerful weapon: The Law. (RELATED: JASON SNEAD: Virginia Is No Place For Crazy Voting Experiments)

Federal elections are required to occur on “the Tuesday next, after the first Monday in November.” This date is not based on something that Mark Twain whispered to Ulysses S. Grant. It is neither optional nor suggested. 

According to 2 US Code § Section 7, that Tuesday “is established as the day for the election…of Representatives and Delegates to the Congress.”

Under 3 US Code § 21 election daymeans the Tuesday next after the first Monday in November,” for choosing the President and Vice President except “as necessitated by force majeure events that are extraordinary and catastrophic.” 

Those caveats were shoehorned in last Christmas, amid the Yuletide spending orgy co-hosted by senators Chuck Schumer (D – New York) and his loyal manservant, Mitch McConnell (R – Kentucky).

So, absent total calamities, all of today’s early-voting nonsense violates not one but two federal statutes.

Early voting is against the law! 

GOP attorneys should be in every state, banging on the doors of federal judges, and demanding they scrap every Democrat-inflicted “temporary,” COVID-era, early-voting scam.

  • Down with mass-mailed, no-excuse absentee ballots!
  • No more drop boxes!
  • Goodbye, ballot harvesting and vote trafficking!
  • Sayonara, early voting — as many as 40 days before Election Day in Michigan and 46 days in Minnesota!
  • Farewell, late voting, with absentee ballots blowing into tabulation rooms like autumn leaves, until damn-near Thanksgiving.

(GOP employment of such methods must be necessary, temporary, and swiftly prohibited.) 

Thanks to Public Interest Legal Foundation for filing a federal lawsuit in North Dakota to require that all ballots arrive for counting by the time polls close on Election Day.

It’s bad enough that votes get stuffed into ballot boxes. They should not get stuffed into turkeys.

America must reinvigorate Election Day, which is when citizens voted until Obama & Co. started to demolish this hallowed tradition, just as Democrats grind their rusty cleats into every neck they can find.

Democrats will whine that restoring Election Day is a Right-wing, Mega-MAGA Republican plot to suppress black votes and steal elections.


When Democrats spew this lie, Republicans should remind them that such racists as Bill Clinton, Jimmy Carter, LBJ, JFK, and FDR all won the White House — and their Democrat comrades held Congress — while they followed the same Election Day rules that they would denounce as pure bigotry today.

Conservative activists, donors, leaders, and groups should adopt this cause. 

Republicans should deploy battalions of attorneys to unleash this strategy to the GOP’s advantage. A level playing field would cripple modern Democrats. 

I hereby volunteer to assist anyone who will litigate this vital matter.

Specifically, I would be thrilled to be the lead plaintiff in relevant federal lawsuits. I would be honored to be the Clarence Earl Gideon, Ernesto Miranda, or Dick Anthony Heller on the lawsuit that finally obliterates the Democrats’ election-theft machine. (RELATED: DEROY MURDOCK: Biden’s Busted Border Is A Giant Red Carpet For Terrorists)

If GOP lawsuits fail, they fail. 

But if Republicans win, they win — big league!

Republicans will know neither loss nor victory until they try. The GOP needs to fight this all the way to the U.S. Supreme Court. If not, Democrats will keep stealing elections until they achieve the one-party neo-Marxist dictatorship that they crave.

Republicans have everything to win. What the Hell do we have to lose?

Make Election Day Great Again!

Deroy Murdock is a Manhattan-based Fox News contributor.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

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