Elections Undecided by Midnight are Void & Preempted by Federal Law – Foster v Love (1997; 9-0 Decision)
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You can read the actual 1997 court decision at https://supreme.justia.com/cases/federal/us/522/67/
All it says is that a state cannot declare that a congressional election has been decided without actually holding an election on Election Day.
I only glanced at it but agree it seems OP is putting their own, more restrictive interpretation around the ruling. I think court would also differentiate between counting the votes and the election itself.
Final thought from an election worker: midnight on a presidential election with a good turnout would be tough... You get there before 6:00, line closes at 7:00 but everyone in line still gets to vote. Say you start counting all issues at 8:00. Can a handful of tired people get all the races done accurately before midnight? Keep in mind there are sometimes different precincts at same voting location (fixable, but needs to be considered). Seems possible but little room for error.
You are 100% spot on. The problem is that they have convoluted the counting and verification processes. I can tell you a precinct can easily process hundreds of thousands of ballots before the end of the day. As long as the ballots are identical, the counting machines are calibrated, validated, re-validated, then certified, it can be a continuous process throughout the day that culminates in a finished count within an hour of closing.
100 ballots shouldn't take more than 5 minutes to run through the entire process. It is a continuous process so you constantly have several batches processing at the same time.
If Chik Fil A can pull off what they do, Im pretty sure we can come up with a dummy proof, super secure and easily verifiable process.
EDIT: if a race on a ballot is not voted on by a voter, it is still counted as a ‘Null’ vote. You do that for accounting purposes. All races should have exact same number of ‘votes’, including NULL votes.
Agree, I haven't found anything that states counting cannot begin earlier in the day as the votes are cast. Seems it would only make sense.