Election 2020 / Election Coverage / Opinion / Politics

Snapshot of Election Lawsuits – Options Narrow

electionKeeping up with an undecided presidential election, as dueling press conferences shift public perceptions, is a challenge.  Here is a top view, cases in a variety of jurisdictions.  Options narrow, but this is not over yet.

On media tabulations, Biden leads, 306 electors to 232.  The Electoral College will meet on the first Monday after the second Wednesday in December.  That is December 14 this year.

Meantime, on the heels of complaints from hundreds of official and unofficial observers, dozens of suits have been filed.  These suits are winding on, based on allegations of mis-, mal- and non-feasance – errors and omissions, affidavits of voter and electoral fraud.

Notably, some suits have been dismissed. This is not surprising, as state and local judges, following state laws are often partisan.  They run for election, and a Trump victory would hurt. These cases are subject to layers of appellate review.

Interestingly, of all suits filed – some by the Campaign, others by citizen groups – many have been “dismissed without prejudice” by the plaintiffs, and not decided.  Judges permit withdrawal or dismissal without prejudice (meaning freedom to refile) is to allow amended complaints, new evidence, arguments, and stronger claims.

Does this mean suits will be refiled, or raise chance of a favorable disposition?  No, but it does leave the door open – and refiling happens. That means we may not have heard the last of these.

Separately, some suits are still being filed, others appealed with constitutional arguments at the forefront. At this frustrating midpoint in a complex process, here is a thumbnail sketch.  At the federal level, Trump’s suit seeking an injunction – or stop order – to block vote certification in Pennsylvania was decided against Trump.  The central argument was an “equal protection” claim, based on different counties treating ballots differently – especially mail-in ballots.

That is an important case, as it casts constitutional doubt on the electoral process in a decisive state, and could affect other states.  Like arguments were made in 2000 by the Bush Campaign, which prevailed. But state law, evidence, and margins are different this year.  This case could arrive at the Supreme Court.

In other states, including Michigan, Georgia, Nevada, and Arizona – suits have been filed. Certifications are being questioned, recounts contemplated, evidence presented, appeals likely.  Some legal experts minimize chances of these suits prevailing; others are not so sure.

By way of example, in Pennsylvania, an effort to halt ballot counting in Philadelphia was dismissed, although an effort to get observers closer was first favored, then overturned.

This suit raised questions over who sets rules; other claims involved challenges to voter identification.  One ruling blocked counting of ballots, while another ordered segregation of ballots. Unclear is how many ballots would be affected.  A separate suit asked provisional ballots to be blocked and led to sequestration of these ballots.

Most significantly, litigation is ongoing tied to Supreme Court intervention and a challenge to ballots received after 8 p.m. on election day.  That suit may proceed alone or be declined. Arguments persist over number of ballots, 10,000 or closer to 45,000 – Biden’s reported edge.

Behind that suit are important facts. The State Supreme Court extended ballot counting out to Nov. 6, which caused an appeal to the Supreme Court.  At the time, a 4-4 tie (before Justice Barret arrived) failed to block late ballots, a second suit put off the decision. On Nov. 6, Justice Alito ordered segregation of late ballots.  How many got segregated, any comingled – is unknown.  We will likely hear more about this suit.

Other suits include trying to stop counties from certifying, including Allegheny, Centre, Chester, Delaware, Montgomery, Northampton, and Philadelphia, which all went for Biden. The question again is strength of evidence. Under intense pressure, attorneys for the Campaign in this suit withdrew. An amended compliant followed.

Taking a breath, consider Nevada – where Trump trails by a slim margin. Questions about automated signature-verification machines in all-important Clark County, are behind one suit, so far rejected on technical grounds. Another suit hits observer access.

In Michigan, while media report Biden up by 148,000, suits were filed seeking to stop ballot counting based on blocked observers, halt certification in Detroit, and then statewide.  The first two were denied, appeal options unclear.  The third is pending. Notably, presumptions are important here; if observers could not see ballot counts, signatures, or elements protecting against fraud, one is left wondering what to infer.

In Georgia, while certification was confused and hand counts found anomalies, results are complete – for Biden.  That said, the Trump Campaign may request a machine recount of five million votes, as the margin is within half a percent.

In Arizona, suits were filed focusing on unusual marks on ballots, but were determined not to be material.  That said, county certifications and challenges continue.

Bottom line: We are closer. Final vote counts, balancing certifications against fraud and anomalies, may come to the Supreme Court.  If the Court refuses, Biden’s final count holds.  If it accepts, they could rule for either candidate, or – a real possibility – conclude that enough states are “disputed” that no one has 270 electors, meaning the US House must decide – based on the 12th Amendment, one vote per delegation. That solution keeps the High Court from deciding and would favor Republicans.

Finally, state legislatures finalize electors; some surmise two states could replace a Democratic slate with Republicans, highly unlikely. Similarly, some mention “faithless electors,” seven in the last cycle; an enormous number would be needed, not likely. In the end, options narrow – but this not over yet.

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Bill Brown
1 month ago

Write the U.S. Supreme Court!  They need to hear the true Vox Americana!!  Make absolutely sure all nine of them know in detail that we are fed-up with the lies, deceit, and FRAUD!!!  The 2020 Federal Election is a travesty and a CRIME against AMERICA!!!!!

GT Patriot
1 month ago

To borrow a Maxine Waters phrase, IMPEACH 46…….IMPEACH 46 before inauguration day. Lets get creative.
73 million Trump votes need to ATTACK !!!! NO…O…O…O coming together with Joe Biden. Lets make his
presidency a disgusting disgrace !!!

Dominic Cisco Sr.
1 month ago

The country is lost now. Socialism will be introduced that eventually turns to communism. The people who voted for Trump and liberty decided its not worth taking up arms and fighting for. Most will kneel to the yoke of tyranny. History will show, [if not erased by the commies] that most Republicans were in on it and did nothing to save liberty and the republic. There was no fight in them because they were corrupt as well. There is no country that we can flee to. The last hope of the free world is being extinguished as 74,000,000 watch. Ask people who risked they’re life to get here. The worm of communism infects every facet of life. Not overnight but slowly. People will say of socialism” Its not too bad” But more liberty is lost with each passing year until full communism reigns. Personal property will be confiscated for the “good of the many”

GT Patriot
1 month ago

I contributed a little to the Trump campaign. Now I am beseiged with texts asking me to contribute to the GA runoff.
I want to see republican control of the senate but I respond by saying: ” until I see repubs in congress raise loud
hell about the illegal election of Joe Biden, I will contribute nothing. This election is to me much more about
Trump, who is impossible to replace, than any senator. “

GT PatriotI
1 month ago

CNN dingleberries ( kweemo) are now discussing how Trump might go to jail for providing pardons to Michael Flynn
or Paul Manifort. What will they do when Trump is no longer around ? Biden is boring and will accomplish
nothing other than what he is told to do. So CNN must rely on Trump-bashing for the next 4 years . So where will
we go to find out what Hidin Biden is doing ? Limbaugh ? The Dim propoganda machine ( CNN, ABC, CBS, NBC)
will never report on Biden because they never did during the election. They know he dosen’t sell “tickets” and they
know his manuvers are disgraceful to the nation.

Pearl C. Ware
1 month ago

It is highly significant that The Pennsylvania Supreme Court when reversing one of Trump’s only post-election litigation wins has stated in a 4-3 SPLIT DECISION that “states can count mail-in ballots with superficial facial DEFECTS. In the 354-page ruling by Justice Donohue the court reasoned that the Election code was AMBIGUOUS with regard to whether such ballots are to be discarded and that the ambiguities should be “liberally construed.” ” More to the point, the direction to the voter to provide a handwritten name or address is not only NOT MANDATORY,…” This is in line with what many people have filed in written affidavits under penalties of perjury, that they saw workers writing on the mail-in ballots, and observed boxes of ballots coming in the middle of the night and observed that many of the mail-in ballots did not have creases in them as an authentic mail-in, folded into an envelope ballot would have had. They could not do this with voters who came to a polling place and filled out a ballot, then placed it into the scanner and at the end of the day the scanner gave a total for each candidate. This could be accurately verified by checking the actual ballots that are placed into a blue bin below the scanner. They cannot mess with the in-person votes the way they can with the mail-in ballots. This is in line with what the Courier Life newspaper of Nov. 20-26, 2020 stated, “”Three Republican insurgents…swept their races on Election night after an apparent red wave of support for President Trump boosted the down-ballot Republican candidates throughout southern Brooklyn.” Notice that on Election night, the in-person votes for President Trump were much higher than the in-person votes for Biden.

1 month ago

It seems to me, USING COMMON SENSE, that when you consider the number of folks who turned out for the Trump rallies compared to the Biden turnouts, that it would be VERY UNLIKELY that Biden would win the election. Likely there’s a snake (or snakes) in the woodpile. But doesn’t seem like there’s anyone who wants to get rid of the ‘snakes’. We hear a lot of talk,
but there’s never any action! What’s happened to the ‘backbone’ of America?

1 month ago

With corruption set with deep roots, even our elections have become a joke. It’s going to take will take a war to take back our freedoms and a large group of ethical statesmen to restore our way of life!

1 month ago

We have a serious problem with corruption at all levels in America.
Boting,FBI, DOJ, all corrupted by liberal democrats and the anti american forces of soros,lying media,big tech and washington establishment elites.
The only answer is for 73 million REAL Americans to continue the fight to save this Great Country.
We the People MUST stay true to liberty, justice and the Constitution.
I for one,will accept NOTHING LESS!

1 month ago

Please promote and support Sidney Powell at DefendingTheRepublic.org. She never signed up to be a lawyer for Trump nor billed Trump. She is doing this on her own as a patriot that believes in life, liberties and freedom. I also know that Lin Wood is not letting down. The truth of this fraud will come out. We as Constitutionalist must stay strong as George Washington did at the Battle of Trenton.

John Karkalis
1 month ago

It’s over, folks.
Time to regroup and go on to “Plan B”. 2024.
Think Grover Cleveland.
Think Gen Douglas MacArthur:
“I shall return!”

Reply to  John Karkalis
1 month ago

By 2024 the country will be completely unrecognizable and so much damage will have been done, that the people will have no say in anything. If you think the Democrats are ever going to allow someone like President Trump to ever be elected again, then you’re kidding yourself.

David P Nelson
1 month ago

What a very sad day in American History.

Casey C Matt
1 month ago

If this election ends up being stolen by the brainless Biden and his commie VP candidate “earned my way on my knees” Kamala Harris, then it most certainly will be time for brave Americans to unfortunately resort to using the Second Amendment for its intended purpose and that is to defend our freedom from a tyrannical government. Yes, the Founding Fathers actually perceived that treachery like what is unfolding could happen and specifically moderated the Constitution with that INALIENABLE right to defend our country and our freedom from the treacherous actions of the left. We can’t select our President, we cannot worship in our churches, we cannot gather together on holidays, we cannot freely travel…..but the leftists can loot and burn and pillage and even murder with no police action taken against them. If now is not the time to take action then when is? What will it take?

JJ Johnson-Smith
1 month ago

Keep PUSHING, Conservatives! Show the Media your outrage!

GT PatriotI
1 month ago

Don Lemon: ” The party’s over” He’s right. Now its time for hell. Can’t wait until the next primary which will be more important
than the Nov 2022 election ( assuming the lefty’s don’t change the date). Can’t wait to replace the gutless repubs who let this
happen. I think I will move to Utah to vote against Romney.

M. Beaumont
1 month ago

The Trump team has an uphill battle to pull this election out of the muck and fraud perpetrated on the American electoral system, I pray they can. If they fail to prevail I fear we will have lost all possibilty of ever having fair election in this country. the only alternative will be to fight, however we can to protect our Bill of Rights. Power hungry democrats will manipulate and scheme, as they have done to President Trump from the day he was elected. Backed by mainstream media, high tech, and multi-millionaires like Soros and Bloomberg Conservatives will not stand a chance. We may even be forced into re-indoctrination camps. As a veteran, I took an oath many years ago to defend the Constitution of the United States against all enemies foreign and domestic, that oath had no expiration date.

1 month ago

No more comments from me.I know where we are headed.As a independent person I say good bye.It is to bad all I cam do is watch.I have learned much in my 70 years and hope to have many more.

1 month ago

Geriatric Joe will NEVER be my president. Talk about an illigitimate president! He will try to continue the destruction of our country that Owebama started. He is putting the same lame, dangerous losers in his cabinet that Jugears depended on. Just pray that we can hang on until 2022 when we take back the House.

GT PatriotI
1 month ago

NO coming together for Joe Biden. We need a Red State Nation.

GT PatriotI
1 month ago

Trumps biggest mistake was selecting compliant swampsters for key positions. Example: Christopher Wray at the FBI and I’m beginning to suspect AG William Barr who replaced Jeff Sessions who is a major swamp creature. Trump had no help. Surrounded by non-supporters. All of DC is one family which tries to convince us that there is an option to the liberals. There isn’t. Yet Trump even at this moment continues to accomplish miracles. A third China Virus cure announced today. Biden will shut us down for months. Get ready for all schools and businesses to close. The dimocrats are gleefull that we will be third world much faster than they could have hoped. On to communism.