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    Fraud, lawsuits, chaos: how Trump is preparing to contest the 2024 election

    Donald Trump has left little doubt that he will contest the results of the 2024 election if he loses.Election lawyers and voting rights experts are bracing for an aggressive effort by the former president in the days after the election to challenge the results while votes are still being counted. But unlike 2020, when Trump’s effort after the election seemed a bit haphazard, experts say they’re seeing a much more organized effort that stretches from the courts to local groups organizing election deniers to work the polls.Here are a few key ways Trump is preparing to contest the 2024 vote:Seeding doubt about fraudFor months, Trump and allies have been spreading the false idea that there is fraud impacting the election.On the campaign trail, Trump has seized on a report that officials in Lancaster county are investigating a batch of 2,500 voter registration applications for possible fraud. The district attorney has said that investigators have discovered some fraudulent applications, but has not said how many or the nature of the fraud. Trump has distorted that limited information to claim that there are fraudulent votes. “They‘ve already started cheating, 2,600 votes, he said. Every vote was written by the same person. It must be a coincidence,” he said at a rally in Allentown, Pennsylvania, last Tuesday.Nationally, a key pillar of Republicans’ claims has been the falsehood that non-citizens are voting and could sway the election. Elon Musk, the billionaire who is a key Trump ally in the campaign, has played a significant role in amplifying this claim. Several studies have shown that non-citizen voting is extremely rare.“If the fraud theme of 2020 was: ‘Covid is allowing ineligible people to vote or ballots to be manipulated,’ the 2024 theme seems to be ‘illegals are voting,’ and that fits in very much with the kind of nativist anti-immigrant language coming from the top of the Republican ticket,” Richard Hasen, an election law expert at the University of California, Los Angeles, said in an interview in October.Lawsuits, lawsuits, lawsuitsOver the last few months, the Republican National Committee and other GOP-aligned groups have filed a number of lawsuits in swing states claiming that states are not properly monitoring their rolls for ineligible voters. They have made eye-popping claims, including that states have more registered voters than eligible citizens and that non-citizens are on the rolls.Many of these suits have already been dismissed. But even though Republicans are losing the cases, voting rights experts see an ulterior motive in filing them.“The underlying claims in the suits are based on totally unreliable data, shoddy methodology, and basically the claims are garbage,” Ben Berwick, a lawyer at the watchdog group Protect Democracy. “They are also, in this case, brought by election deniers, in an attempt to spread a false narrative to mislead the public and undermine confidence in elections.”

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    Sean Morales-Doyle, the director of the voting rights program at the Brennan Center for Justice, said that he sees the lawsuits as an effort to give an imprimatur of legal authority to false claims.“I do think you’re going to see after the election if people are upset about the outcome, pointing to: ‘We’ve been saying for the last eight months that they had bloated rolls and dead people on the rolls, non-citizens on the rolls, and the courts didn’t do anything about it,’” he said.Berwick and his colleagues have referred to the cases as “zombie lawsuits” that Trump and allies could try and point to again after the election. While experts are confident this won’t succeed because the claims will still be false, it could continue to seed doubt and provide a pretext for local officials to try and refuse to certify the vote.skip past newsletter promotionafter newsletter promotionSowing chaos during a long vote countJust like in 2020, it is unlikely that the US will know the winner of the election on election night. State laws in Pennsylvania and Wisconsin, two swing states, still prohibit election officials from counting mail-in votes until election day, and election officials are already setting expectations that counting could last long past Tuesday.Trump plans to declare that the vote against him is rigged and point to the slow vote count as evidence, Rolling Stone magazine reported in October.Pressure on local election officials not to certify the voteIf Trump loses the election, there will likely be enormous pressure put on local election officials not to certify the results of the election.Long overlooked, certification is the bureaucratic process of making official the vote tallies at the local and state level. Those charged with certifying the vote are typically boards composed of elected or appointed officials. If a candidate wants to challenge the election results, states allow them to do so in separate legal processes outside of certification.Certification has long been considered a mandatory, non-discretionary responsibility. But in 2020, the Trump campaign and allies targeted Republicans at the local and state level and pressured them not to certify the results. None of those efforts worked in 2020, but Republicans have spent the last four years targeting positions that hold power over certification. At least 35 officials who have refused to certify elections since 2020 will have a role over certifying the vote this fall, according to a report by Citizens for Responsibility and Ethics in Washington (Crew), a watchdog group.Voting litigators are preparing to go to court to force local officials to certify, and they say that the law is unequivocally on their side. More

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    Proud Boys founder Gavin McInnes: ‘We want to make America hate again’

    The founder of the Proud Boys, the far-right group that played a major role in the January 6 riot at the US Capitol and was memorably instructed by Donald Trump to “stand back and stand by”, has told the makers of a Trump documentary: “We want to make America hate again.”Gavin McInnes, the UK-born British Canadian citizen who co-founded Vice magazine and was influential in the New York hipster scene of the early 2000s before becoming a far-right militia figure, also claimed to the BBC that his group wasn’t responsible for what happened that day.“It was you,” he told the makers of the documentary, which has aired on the BBC’s Panorama strand. “If anyone should apologise … it should be the corrupt leftwing media, and I’ll accept your apology now if you want to do it.”The program – Trump: A Second Chance? – talks to ardent Trump supporters about their enduring support for the New York property developer and reality TV show figure who faced two impeachment inquiries during four years in office and has been indicted in four separate criminal cases since, including being found guilty of 34 felony counts.Polls suggest an exceptionally tight US presidential race, with the final few days of campaigning before next week’s vote characterized by Democrats’ claims that a second Trump term would plunge the US into a period of neo-fascism.At a packed Trump rally in New York’s Madison Square Garden on Sunday, the speakers rotated between patriotism and grievance, including a podcaster who called the unincorporated US territory of Puerto Rico a “floating island of garbage”, made lewd comments about Latinos, depicted Jews as cheap and Palestinians as rock-throwers.McInnes, designated a “terrorist entity” by the Canadian government and described by Vanity Fair as “one of our era’s most troubling extremists”, was not at the January 6 protest. But about 50 members of the Proud Boy group faced charges for their part in the insurrection, which was staged to prevent the certification of the 2020 election.The Proud Boys chair, Henry “Enrique” Tarrio, 39, of Miami, Florida, was sentenced to 22 years in prison last year after being convicted of seditious conspiracy and other charges.The US attorney general, Merrick Garland, said the sentences that the Proud Boy members received reflected “the danger their crimes pose to our democracy” and Tarrio had “learned that the consequence of conspiring to oppose by force the lawful transfer of presidential power”.McInnes resigned from the Proud Boys in November 2018 after 10 members were charged in connection with a brawl on the Upper East Side of Manhattan. But in 2022, he was pictured in a black hoodie embroidered with the gold Proud Boy logo.McInnes said on his Get Off My Lawn podcast that he was wearing the Proud Boy regalia “as an homage to our brothers behind bars”.Last month, McInnes was scheduled to speak at dinner hosted by Uncensored America, a student organization at the University of South Carolina. The invitation misspelled Kamala Harris’s first name in a sexually suggestive way, the news station WIS 10 reported.skip past newsletter promotionafter newsletter promotionMcInnes’s planned appearance at the event sparked controversy over free speech on campus. A petition protesting against the event argued it contributed to “overall negative environment that the university continues to allow”.In response, McInnes said he would not be the one bringing hate to the event, and repeated the sentiment he offered to Panorama.“If you’re looking for violence you’re looking on the wrong side of the political spectrum. The left are the violent ones. They burnt down this country for two years straight. We had one riot on January 6,” he said.He said the dinner, a “roast” in colloquial terms, was set to “make fun of what could be the worst president in American history”, referring to Harris’s candidacy.The impending election is predicted in polls to fall along gender lines. Polls show men are more likely to say efforts to promote gender equality have gone too far and plan to vote for Trump. Women are more apt to say those efforts haven’t gone far enough, and plan to vote for Harris. The margins for each are split roughly 60-40. More

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    The US is ‘absolutely’ ready for a female president, Harris says in NBC interview

    Kamala Harris said that she has no doubt that the US was ready for a female president, insisting that Americans care more about what candidates can do to help them, rather than presidential contenders’ gender.The vice-president’s statement came during an interview with NBC News’s Hallie Jackson, who asked whether she thought the country was ready for a woman, and a woman of color, to be in the Oval Office. “Absolutely,” Harris said. “Absolutely.”“In terms of every walk of life of our country,” Harris said, “part of what is important in this election is really, not really turning the page – closing a chapter, on an era that suggests that Americans are divided.“The vast majority of us have so much more in common than what separates us and what the American people want in their president is a president for all Americans,” she said.Harris was asked why she hasn’t leaned into the historic nature of her candidacy – that she is a woman of color running for the presidency.“I’m clearly a woman. I don’t need to point that out to anyone,” Harris said with a laugh. “The point that most people really care about is: can you do the job and, do you have a plan to actually focus on them?”“That is why I spend the majority of my time listening and then addressing the concerns, the challenges, the dreams, the ambitions and the aspirations of the American people,” Harris continued, saying that Americans deserve a president focused on them, “as opposed to a Donald Trump, who is constantly focused on himself”.Harris also said she was aware that Trump might potentially try thwarting the presidential election results, noting that her team “will deal with election night and the days after as they come”.Harris said that she is focused on campaigning over the next two weeks while noting “we have the resources and the expertise and the focus” on any potential threats to election results. Jackson noted that Trump declared victory before all the votes were tallied in 2020.Trump, who has refused to accept the 2020 election results and claimed the race was stolen, has been stoking fears with unsubstantiated claims about voter fraud in the 2024 cycle. “This is a person, Donald Trump, who tried to undo the free and fair election, who still denies the will of the people who incited a violent mob to attack the United States Capitol, and 140 law enforcement officers were attacked, some who were killed. This is a serious matter,” Harris told Jackson.Trump supporters on 6 January 2021 stormed the US Capitol in an effort to prevent certification of Joe Biden’s victory. That day, four people died at the Capitol and a police officer working during the insurrection died several days later; four other police officers posted at the building on 6 January 2021 committed suicide, according to CBS News.“The American people are, at this point, two weeks out, being presented with a very, very serious decision about what will be the future of our country,” Harris also said.Jackson also asked about voters’ concerns about the economy, noting that many blame the US president for rising prices.Harris said her policies “will not be a continuation of the Biden administration” and with inflation, “I bring my own experiences, my own ideas to it.”skip past newsletter promotionafter newsletter promotionJackson noted that if Harris won, her victory might coincide with Republican control of Congress, which would thwart protecting abortion at the national level.“What concessions would be on the table?” Jackson asked.“I don’t think we should be making concessions when we’re talking about a fundamental freedom to make decisions about your own body,” Harris said.Harris said she would not “get into those hypotheticals” when asked if a pardon might be on the table for Trump.“I’m focused on the next 14 days.”Harris was pressed on the pardon topic, asked if she thought it could help the country move forward together and be less divisive.“Let me tell you what’s going to help us move on: I get elected to president of the United States.” More

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    Republican top Georgia elections officer says voting integrity lies hurt his party

    Georgia’s top elections official says he believes Republicans’ claims of doubting the integrity of the vote in November’s presidential election “will really hurt” their party’s chances at the poll.In an interview on Sunday with NewsNation, the Georgia secretary of state, Brad Raffensperger, defended the election process he oversees amid the casting of a record number of early votes in recent days. His comments came after the Georgia congresswoman Marjorie Taylor Greene, Raffensperger’s fellow Republican, posted claims on X that a voting machine had misprinted a voter’s selections to the detriment of her party.Raffensperger, who took office in 2019, said that “spreading stories like that” will “really hurt our turnout on our side”.“I’m a conservative Republican, so I don’t know why they do that, it’s self-defeating,” Raffensperger added. “You know, you can trust the results.”Georgia, a battleground state, has been a central focus for Republicans in their unfounded claims of voter fraud. During the 2020 election, after Joe Biden won Georgia by a close margin and took the presidency from Donald Trump, Raffensperger announced a ballot recount. That recount confirmed that Biden had won the election.Ever since, legal and political showdowns have placed the state as a central focus for Trump’s attempt to return to the White House in a contest against the vice-president, Kamala Harris.Recent court rulings in Georgia have pushed back on Republican-led attempts to change how the state handles its elections.The Georgia state election board, a relatively obscure five-person panel primarily made up of Trump-aligned Republicans, passed a number of rules that would significantly change how the state handles its political races. The most controversial proposal sought to obligate poll workers to hand-count paper ballots on election night.Nonetheless, Georgia judges ruled against implementing those changes after Raffensperger warned they could lead to disrupting the certification of the election, confusion and delays. Georgia’s Republican party has appealed.More than 1 million voters have already cast their ballots in Georgia, cementing its status as a swing state in the race between Harris and Trump.After the 2020 elections, Trump-aligned Republicans lied that their candidate lost to Biden because of voter fraud. Fervor over those lies culminated in Trump supporters’ attack on the US Capitol on 6 January 2021. Raffensperger at one point received a phone call directly from Trump pressuring him to “find” him enough votes to prevent Biden from winning Georgia, though the secretary of state rebuffed him.

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    Georgia state prosecutors later filed criminal charges against Trump over his attempts to overturn the outcome of the presidential election there, all of which are part of the many legal problems that the former president has been confronting while running for the White House again.In an interview with the New York Times earlier in October, Trump’s running mate, JD Vance, refused to answer whether the former president lost the 2020 election. Vance later clarified that he did not think Trump lost the 2020 race, saying: “So did Donald Trump lose the election? Not by the words that I would use.”Raffensperger on Sunday maintained Georgia was “ranked number one” for election integrity by organizations on both sides of the political spectrum.“That just shows you we’re doing the right thing,” Raffensperger said. “Voters trust the process we have in Georgia. It’s easy to vote. It’s hard to cheat.” More

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    JD Vance falsely claims Donald Trump didn’t lose 2020 election

    The Republican vice-presidential candidate, JD Vance, told a reporter on Wednesday that there were “serious problems” in the 2020 election and suggested for the first time that the then president Donald Trump did not actually lose the race.“Did Donald Trump lose the election? Not by the words that I would use,” Vance said in Williamsport, Pennsylvania. “But look, I really couldn’t care less if you agree with me or disagree with me on this issue.”He was pressed on his response by a reporter later in the day on another campaign stop in Wilmington, North Carolina, saying: “I think that big tech rigged the election in 2020. That’s my view. And if you disagree with me, that’s fine.”The response comes in the wake of a non-response earlier this month, when during an interview with the New York Times, Vance was given five opportunities to “acknowledge that Trump did not win in 2020” and he “refused to say so”.Trump notably lost the 2020 election and currently faces numerous charges related to election interference after being found guilty in May 2024 on 34 felony counts of falsifying business records in a New York hush-money trial.The Harris campaign criticized Vance’s responses to the question about the 2020 election.“There we have it – JD Vance finally admitted he denies the 2020 election results,” a Harris campaign spokesperson, Matt Corridoni, said in a statement. “As Governor Walz said on the debate stage weeks ago, Donald Trump selected Vance for this exact reason – he knows Vance will be a loyal soldier in Trump’s pursuit for absolute, unchecked, limitless power.”Previously, Vance has sidestepped answering the question directly, deflecting when pressed by the Democratic vice-presidential candidate, Tim Walz, during a debate if Trump lost the 2020 election. He also downplayed the insurrection on 6 January, 2021.

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    “Tim, I’m focused on the future. Did Kamala Harris censor Americans from speaking their minds in the wake of the 2020 Covid situation?” Vance said.In September 2024, during a podcast interview, Vance responded to a question on what he would have done differently than the former vice-president Mike Pence in January 2021: “I would have asked the states to submit alternative slates of electors and let the country have the debate about what actually matters and what kind of an election that we had.”Vance was once a critic of Trump, comparing him to Hitler ahead of the 2016 presidential election. He shifted toward backing Trump’s election denial claims as he vied to be his running mate.Shortly before joining the Trump campaign, Vance claimed in an interview with the ABC News This Week anchor George Stephanopoulos: “Mike Pence could have done more, whether you agree or disagree, Mike Pence could have done more to sort of surface some of the problems in the 2020 election.”Trump has claimed there will be a “bloodbath” if he does not win the 2024 election. He also claimed his supporters will not have to vote any more if he wins as Trump and his allies have laid the foundation to contest the 2024 election results. More

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    Georgia election rules passed by Trump-backed board are ‘illegal’, declares judge

    A Georgia judge has declared that seven new election rules recently passed by the state election board are “illegal, unconstitutional and void”.Fulton county superior court judge Thomas Cox issued the order Wednesday after holding a hearing on challenges to the rules. The rules that Cox invalidated include three that had gotten a lot of attention – one that requires that the number of ballots be hand-counted after the close of polls and two that had to do with the certification of election results.Cox found that the rules are “unsupported by Georgia’s Election Code and are in fact contrary to the Election Code”. He also wrote that the state election board did not have authority to pass them. He ordered the board to immediately remove the rules and to inform all state and local election officials that the rules are void and not to be followed.The Associated Press has reached out to the lawyers for the state election board, as well as the three Republican members who had supported the rules, seeking comment on the judge’s ruling. They could appeal but time is running short with less than three weeks to go until election day.The state election board, which is controlled by three Republicans endorsed by Donald Trump, has passed numerous rules in recent months mostly dealing with the processes that happen after ballots are cast. The former president narrowly lost Georgia to Joe Biden in the 2020 presidential election but claimed without proof that widespread fraud cost him victory in the state.Democratic party organizations, local election officials and a group headed by a former Republican state lawmaker have filed at least half a dozen lawsuits over the rules. Democrats, voting rights groups and some legal experts have raised concerns that some rules could be used by Trump allies to delay or avoid certification or to cast doubt on results if he loses next month’s presidential election to Kamala Harris.Cox’s ruling came in a lawsuit filed by Eternal Vigilance Action, which was founded and led by former state representative Scot Turner, a Republican. The organization had argued that the state election board overstepped its authority in adopting the rules.Reached by phone Wednesday evening, Turner said he was “thrilled with the victory”.“It was a complete and total victory for the constitution of the United States,” he said. “These rules were opposed by citizens that are Republican, as well as Democrats and independents. This is not about party. It’s about doing what’s constitutional and re-establishing separation of powers, and that’s something that every conservative in this country should be concerned with and support.”One new rule that the judge blocked requires that three separate poll workers count the number of election day ballots by hand to make sure the number of paper ballots matches the electronic tallies on scanners, check-in computers and voting machines.Georgia voters make selections on a touchscreen voting machine that prints out a piece of paper with a human-readable list of the voter’s choices as well as a QR code. That is the ballot that the voter puts into a scanner, which records the votes. The hand-count would be of the paper ballots – not the votes.Critics, including many county election officials, argued that a hand-count could slow the reporting of election results and put an extra burden on poll workers at the end of an already long day. They also said there isn’t enough time to adequately train poll workers.Fulton county superior court judge Robert McBurney on Tuesday had temporarily blocked the hand-count for the November election while he considers the legal merits. He said the hand-count may ultimately prove to be good policy, but it’s too close to the general election to implement it now.Cox wrote that the rule “is nowhere authorized” by Georgia laws, which “proscribe the duties of poll officers after the polls close. Hand-counting is not among them”.skip past newsletter promotionafter newsletter promotionTwo other new rules that Cox invalidated were passed by the state election board in August and have to do with certification. One provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections”.Supporters argued those rules are necessary to ensure the accuracy of the vote totals before county election officials sign off on them. Critics said they could be used to delay or deny certification.The first certification rule is not part of Georgia law and “adds an additional and undefined step into the certification process”, Cox wrote, saying it is thus “inconsistent with and unsupported by” Georgia law, making it “void and unenforceable”. The second rule is “directly inconsistent” with Georgia law, “which provides the time, manner, and method in which election-related documents must be produced and maintained”, he wrote.The other rules Cox said are illegal and unconstitutional are ones that: require someone delivering an absentee ballot in person to provide a signature and photo ID; demand video surveillance and recording of ballot drop boxes after polls close during early voting; expand the mandatory designated areas where partisan poll watchers can stand at tabulation centers; and require daily public updates of the number of votes cast during early voting.At least half a dozen lawsuits had been filed challenging some or all of the new rules. The Democratic National Committee and the Democratic party of Georgia had filed two lawsuits and joined others. Election boards in some counties and individual election officials in other counties had also sued. More

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    Inside the Republican legal blitz to sow election doubt: ‘The claims are garbage’

    Nearly four years after waging an aggressive legal effort to overturn the 2020 elections, Republicans have filed a slew of lawsuits that appear to be aimed at seeding doubt about the outcome of the 2024 race in the event of a Donald Trump loss.From 2023 until September of this year, the Republican National Committee (RNC) and local affiliates have filed or are involved in at least 72 cases, according to an analysis by Democracy Docket, a left-leaning voting rights news platform founded by the Democratic lawyer Marc Elias. At the same point during the 2022 midterm election, Republicans had filed 41 lawsuits.There’s nothing unusual about an explosion of litigation over election rules ahead of a presidential election. But experts say what stands out this year isn’t the volume of the cases but their subject matter.Many of the lawsuits are based on a theory that states are not adequately maintaining their voter rolls and that there could be scores of ineligible voters, including non-citizens, on them. They make weak legal claims, election experts say, and instead appear to be more of a public relations effort to motivate Republican voters and echo Trump’s falsehoods about voting.“The underlying claims in the suits are based on totally unreliable data, shoddy methodology, and basically the claims are garbage,” said Ben Berwick, a lawyer at the non-profit group Protect Democracy. “They are also, in this case, brought by election deniers, in an attempt to spread a false narrative to mislead the public and undermine confidence in elections.”“If the fraud theme of 2020 was ‘Covid is allowing ineligible people to vote or ballots to be manipulated’, the 2024 theme seems to be ‘illegals are voting’, and that fits in very much with the kind of nativist anti-immigrant language coming from the top of the Republican ticket,” said Richard Hasen, an election law scholar at the University of California Los Angeles.In Nevada, a swing state, Republicans claimed in a suit filed in September there were nearly 4,000 non-citizens on the rolls who appear to have voted.It was a claim that the Nevada secretary of state, at the time a Republican, already investigated and debunked (she said that those people were probably naturalized citizens). Republicans claim the state should have investigated more and also cited data from the cooperative congressional elections survey to suggest that there may be even more non-citizens on the rolls, but the authors of the study have long warned against using its data to try to claim there are non-citizens on the rolls.In North Carolina, another battleground this year, the RNC also filed two misleading lawsuits designed to give the impression that the state was not properly vetting its voters. In late August, the RNC accused election officials of not following a new law that requires them to use juror information to verify citizenship information. The state board of elections said the claim was flatly untrue.The RNC separately sued to potentially invalidate the registrations of 225,000 people for lacking information that’s required under federal law. A 2002 statute, the Help America Vote Act, requires voters to provide either their driver’s license number or the last four digits of their social security number when they register.In North Carolina 225,000 people don’t have that information recorded in the state’s voter registration database, but experts have noted that doesn’t necessarily mean that they lack that information. Voters may have registered before the law went into effect, or the absence may reflect clerical errors. Experts say such minor errors shouldn’t lead to wide swaths of voters getting disenfranchised.“If they’re talking about 225,000 people disenfranchised for a clerical error that was not their fault, I think that would be a wild overreaction,” Sam Oliker-Friedland, the executive director of the Institute for Responsive Government, a watchdog group, told the Raleigh News and Observer. “It would just simply mean that people can’t vote because of paperwork, and that’s not a fair outcome.”Asked for comment for this story, the Republican National Committee provided a statement from Karoline Leavitt, the Trump campaign’s national press secretary, that contained a number of falsehoods about voting.“Kamala’s open border is flooding illegal migrants into our country at the most dangerous rate we’ve ever seen. As this invasion escalates, Democrats are pushing for non-citizens to vote and influence the future of our country,” the statement said. While a handful of localities allow non-citizens to vote in local elections, it is already illegal for non-citizens to vote in federal elections.“While radical Democrats have allowed non-citizen voting in California and DC, states such as Walz’s Minnesota have no system to keep non-citizens off the rolls, resulting in an open door to illegal voting,” she added. Incidents of non-citizen voting are extremely rare. “This is no coincidence, and Democrats aren’t even trying to hide their election interference schemes. President Trump will secure the border and secure our elections so that every American vote is protected.”The Harris-Walz campaign described the 2024 election as “the most litigious presidential election in American history, even more than 2020”, and said it had hundreds of lawyers in courts across the country “winning case after case”. It noted that Republicans had lost several of the cases they have filed in at least the trial court, including challenges to mail-in ballot rules in Nevada (the RNC is appealing some of the rulings).“For four years, Donald Trump and his Maga allies have been scheming to sow distrust in our elections and undermine our democracy so they can cry foul when they lose. But also for four years, Democrats have been preparing for this moment, and we are ready for anything,” Jen O’Malley Dillon, the Harris-Walz campaign chair, said in a statement.For Trump, lawsuits have crafted a misleading imprimatur of legitimacy around his false claims about elections. In 2020, nearly every lawsuit that he and allies filed after the election was thrown out. Nonetheless, the claims and affidavits from poll-watchers that were included – all filed with legal formatting, signatures from lawyers, and court stamps – helped shape the impression that there was legitimate evidence something had gone amiss.skip past newsletter promotionafter newsletter promotionLawsuits also can be a particularly powerful forum for spreading misleading information. Public officials sometimes won’t speak publicly about pending legal matters, leaving facts in an initial complaint or petition to go unchallenged in public discourse. It can be weeks before a response is filed or a hearing is held, long after a flood of initial headlines repeating the allegations in the suit. By the time a case gets thrown out, it may not get as much attention as the initial filing.Even though none of Trump’s cases attempting to throw out the 2020 election succeeded, the false claims in them – that suitcases of ballots were pulled out from under tables in Atlanta, that machines were flipping votes – live on today.“A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee,” Justin Levitt, a professor at Loyola Law School in Los Angeles, has said.“A lot of it is sort of projecting to your audience that you’re actively pursuing problems and trying to resolve them and also just kind of creating energy on your base to get involved or stay vigilant,” said Rebecca Green, co-director of the election law program at William & Mary Law School.Hasen said some of the lawsuits may be “placeholders” that Republicans and Trump allies could point to after the election to argue they hadn’t waited too long to bring legal claims. Berwick called these suits “zombie cases”.“They’re dead on arrival, but will be resurrected after the election,” he said. “I am virtually certain that election deniers will focus on these narratives in the post-election period, both to discredit results they don’t like and as the basis for post-election legal challenges to try and throw out certain ballots, or even interfere with certification of results.”Aside from the public relations lawsuits, the RNC has waged an aggressive effort over rules for counting mail-in ballots, including a closely watched suit at the US Court of Appeals 5th circuit that could prohibit states from accepting mail-in ballots that arrive after election day. Eighteen states, including battleground Nevada, allow ballots to count if they are postmarked before election day but arrive afterwards and this rule could impact an election where the result could come down to just a few thousands votes in any given swing state.Republicans have also backed mail-in ballots in Pennsylvania that are missing a date or wrongly dated, even if the ballot is returned on time and the voter is eligible. They have also sought to limit counties from offering practices for voters to cure errors with their absentee ballots so they can be counted.Experts have also raised questions about the timing of some lawsuits. Federal law prohibits states from systematically removing voters from the rolls within 90 days of a federal election. Yet some of the RNC’s lawsuits challenging how states maintain their voter rolls were filed within that 90-day period.Republicans recently have also challenged the legality of ballots from overseas and military voters, filing lawsuits in North Carolina, Michigan and Pennsylvania (the RNC is the plaintiff in North Carolina and Michigan, and Republican members of Congress are the plaintiffs in Pennsylvania). The federal law that governs the practice of dealing with absentee ballots has been in place for decades, and states have long had their own policies in place.“The timing of these claims is laughable – the processes they challenge have been public for years, and they could have filed these lawsuits months ago, at least,” Oliker-Friedland said in an email. “Instead, they’re choosing to waste election administrators’ time with litigation that, even if successful, won’t practically change anything.” More

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    in Elections

    Far-right website admits there was no fraud at 2020 vote-count in Atlanta

    The far-right website The Gateway Pundit acknowledged for the first time on Saturday that there was not any fraud during ballot counting in Atlanta in 2020 when Donald Trump lost the presidency, a significant concession from one of the most influential conservative sites that plays a key role in spreading election misinformation.The statement, the first acknowledgment from the site that there was no proof of fraud in Atlanta, came days after the site settled a defamation lawsuit with Ruby Freeman and her daughter, Shaye Moss, two local election workers who the site falsely accused of wrongdoing. The terms of the settlement were not disclosed publicly, but the site appears to have removed all mention of the two women.“Georgia officials concluded that there was no widespread voter fraud by election workers who counted ballots at the State Farm Arena in November 2020,” the site’s co-founder, Jim Hoft, said in a statement posted on Gateway Pundit on Saturday. “The results of this investigation indicate that Ruby Freeman and Wandrea ‘Shaye’ Moss did not engage in ballot fraud or criminal misconduct while working at State Farm Arena on election night. A legal matter with this news organization and the two election workers has been resolved to the mutual satisfaction of the parties through a fair and reasonable settlement.”As Trump sought to overturn his 2020 electoral defeat to Joe Biden, Gateway Pundit relentlessly amplified a misleading video it said showed poll workers fraudulently counting ballots on election night. Gateway Pundit was the first site to identify Freeman and Moss as the two women in the video and published dozens of articles falsely accusing them of wrongdoing.Moss and Freeman have publicly spoken out about the severe harassment they faced. They received many death threats. People showed up unannounced at Freeman’s home, and she feared they were going to kill her. Both women testified last year that they were still afraid to go out alone in public.Hoft and his twin brother, Joe, who is also a contributor to the site, refused to back down from their false claims. They held a press conference on the sidelines of the Republican national convention in Milwaukee in July insisting that the video showed wrongdoing.Freeman and Moss previously settled a lawsuit with One America News Network, another far-right conservative outlet, which subsequently broadcast a correction to its reporting and noted the two women had not engaged in fraud.A Washington DC jury also ordered Trump ally Rudy Giuliani to pay the two women nearly $150m in damages last year. Giuliani has appealed the verdict and undertaken legal maneuvers to avoid payment. Lawyers for Freeman and Moss have asked a federal judge in New York to give them control over his assets.Gateway Pundit still faces a defamation lawsuit from Eric Coomer, a former employee of Dominion voting systems, whom the outlet falsely accused of rigging the election. More