🚀 go-pugleaf

In article <8v3c0r$iri@shell3.shore.net>,
Charles M. Kozierok <ixlu@PCGuide.com> wrote:
>} You misread the
>} statute. Executed and MAILED by November 7th MEANS postmarked sir. No
>} LOOPHOLES to allow Democrats a special second effort to CHANGE the vote!
>
>"(c)  With respect to marked ballots mailed by absent qualified
>   electors overseas, only those ballots mailed with an APO, FPO, or
>   foreign postmark shall be considered valid."
>
>That is the only place in the entire chapter covering absentee 
>ballots where the word "postmark" appears in any form.
>
>If you have something logical to contribute to the discussion, let's
>hear it; otherwise I will just mark you down as yet another rabid
>"the OTHER GUYS are EVIL!" type.
>
>cheers,
>
>-*-
>Charles M. Kozierok (mailto:ixl@PCGuide.com)
>Webslave, The PC Guide - <http://www.PCGuide.com>
>Comprehensive PC Reference, Troubleshooting, Optimization and Buyer's Guides...

Perhaps you need to look at the general body of law, contracts, and
execution of documents.

When the law specifies a postmark, that is the controlling date as for
determining when a given thing has happened.

This is well-established in the law.

Try mailing your tax return on the 17th but sign and date it on the 15th and
see if the IRS buys that crap.  They won't and don't, and both the case law
and the construction of statutes on this point are clear.

BTW, the next time you mail a credit card payment (or mortgage payment) on
time but they process it late and try to ding you you'll find that this
little VERY SETTLED matter of law works very much to your advantage -
provided that you really DID mail it on time and the postmark reflects 
that.

If you think there might be a dispute get a proof of mailing certificate.
That postmarked receipt will win that battle every time.

A merchant or government agency that accedes to the use of the US Post
Office for carriage of materials is generally bound to accept their date 
of deposit as controlling, with a very limited set of exceptions.

--
-- 
Karl Denninger (karl@denninger.net) Internet Consultant & Kids Rights Activist
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