Since election day, Donald Trump and other Republicans have filed a smattering of lawsuits in battleground states that have provided cover for Trump and other Republicans to say that the election still remains unresolved.
Legal experts have noted these suits are meritless, and even if they were successful, would not be enough to overturn the election results. Indeed, judges in several of these lawsuits have already dismissed them, noting the Trump campaign has failed to offer evidence to substantiate allegations of fraud.
Here’s where some of the key lawsuits stand:
Pennsylvania
One of the main rallying cries for Trump and his supporters has been that they were not allowed to observe vote counting in Philadelphia, the overwhelmingly Democratic city that helped Biden carry Pennsylvania.
That’s not true. The Trump campaign did secure a court order to allow observers to get closer to the vote counting process, but there’s no evidence observers were excluded and Philadelphia had a 24/7 livestream of its counting. When the campaign went to federal court arguing that its observers didn’t have access to vote counting, a campaign lawyer was forced to admit there was a “non-zero” number of campaign observers watching the vote count.
Pennsylvania Republicans and the Trump campaign are also still pushing the US supreme court to reject mail-in ballots that were postmarked by election day and arrived at election offices by 6 November. Pennsylvania law requires ballots to arrive by the close of polls on election night, but the Pennsylvania supreme court, where Democrats have a majority, pointed to mail delays and the pandemic to justify the extension. Several other states in the US allow ballots to be counted if they arrive after election day but are postmarked before.
Republicans have been trying to get these ballots rejected since early September, when the Pennsylvania supreme court extended the receipt deadline by three days. The number of late-arriving ballots is thought to be relatively small, so even if the supreme court were to ultimately reject them, it would not be enough to overturn Biden’s lead of nearly 45,000 votes in the state.
Trump and Republicans have also pursued a number of cases to try and get courts to reject mail-in ballots where voters made a mistake, but have been unsuccessful in all of their suits. Even if Republicans succeeded, it wouldn’t be enough to overturn the results of the race.
On Monday evening, the Trump campaign filed another lawsuit in federal court offering a new legal theory – Pennsylvania’s election was illegitimate because it had different processes for voting by mail and voting in person. Many legal experts quickly noted the theory was bogus.
The suit was “inexcusably late”, said Stephen Vladeck, a law professor at the University of Texas, who noted the differences between in-person and mail-in voting were known for months.
“The core theory on which it rests – that there’s some kind of right to have all ballots counted through precisely the same procedures – would effectively invalidate mail-in voting not just in Pennsylvania, but nationwide,” he said. “Yet again, it offers no actual evidence of any impropriety or fraud in how Pennsylvania has counted these ballots. It’s just a transparent effort to throw out legal votes – or, at least, to muddy the waters long enough to prevent Pennsylvania from certifying its slate of electors in time.”
Arizona
The Trump campaign filed a lawsuit in Arizona on Saturday that seemed to be based on a discredited conspiracy theory that voters who used Sharpie pens to fill out their ballots would not have them counted.
The campaign’s suit didn’t specifically mention Sharpies, but contained allegations from voters who said they noticed ink had bled through their ballots, which could potentially cause their ballots not to count if the ballot scanners believed they had cast a vote for more than one candidate in a contest, something known as an overvote. The suit says that poll workers failed to avail voters of the opportunity to cast a new ballot when scanners notified them of the issue.
The Trump campaign submitted affidavits from two voters who said they were not notified of the chance to fix their ballots. A poll watcher submitted an affidavit saying he observed around 80 instances in which voters were given vague or confusing information about the possibility their vote could be rejected. He said he observed about 40 instances in which the poll worker had pressed the button to submit the ballot on behalf of the voter. Biden leads Trump in Arizona by more than 17,000 votes.
Source: US Politics - theguardian.com
