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    Don't underestimate the threat to American democracy at this moment | Corey Brettschneider

    In the early morning hours after election day, the president of the United States showed his authoritarian ambitions. He launched an attack on our democratic system at a moment when it is at its most fragile in recent memory. His lies about the results of the election erode trust in the fairness of the democratic process and risk provoking violence. Now we are dependent on media, especially the outlets most popular with Donald Trump’s base, to rein in the chaos he is encouraging.
    This grave threat comes from the president’s false declaration of victory, despite no evidence that he had won the election, and with millions of valid votes yet to be counted. He referred to any suggestion that he had lost as “a fraud on the American public”. In one breath, he declared that “we want all voting to stop” and that “we don’t want any ballots to be found at four in the morning.” This conflation of voting after election day and counting votes after election day – a standard practice in every election – is deeply misleading and deeply dangerous.
    In this respect, its damage is far worse than many of the many fibs Trump has made while in office. His suggestion is a direct lie, one that comes while millions of voters look to him to understand who our legitimate president will be. In past elections, the media – specifically TV networks – served as the main gatekeepers of results, but this president communicates directly to his base through social media, avoiding the reputable news organizations that could factcheck him in real time. This means that his unsubstantiated claims of victory – and of electoral fraud perpetrated by Democrats – are being fed directly to his base. Many will believe him, undermining confidence in the ultimate legitimate results and sowing discord and potentially violence.
    The problem of Trump’s unfiltered reach coupled with his blatant lying is compounded by social media executives’ inadequate handling of the situation. Facebook and its irresponsible CEO, Mark Zuckerberg, refused to directly challenge the president, even while receiving credit from some observers for reminding voters that “final results” may take days. They did not call Trump’s statement a lie or take strong steps to counter it. Twitter went far enough to say that the president’s message might be “misleading”, but it too failed to take a strong and definitive stand on a statement that is not just possibly, but indisputably, incorrect.
    Surprisingly, Fox News might be the media outlet that holds the country together. The network called Arizona for Joe Biden around the same time as the Associated Press and has insisted on reporting real numbers, with its reputable non-partisan news anchors leading the coverage. Ultimately, a large number of Trump voters might turn to Fox to decide whether to trust official results or their president, who has told them that those disputing his victory are committing fraud. If Fox continues to say that any early declaration of victory is incorrect, viewers might be more likely to have the patience required to wait for what might be days, with twists and turns as more ballots are reported, until a winner is declared.
    Still, it is not only the media outlet that should be tasked with maintaining the public’s confidence in our electoral machinery. Part of Trump’s pattern of deception to his base involves invoking bizarre and completely erroneous legal claims. On Tuesday night, Trump promised to take up his concerns about ongoing ballot counting to the US supreme court. However, if ballots are received on or before election day, there is no serious legal claim to support Trump’s seeming contention that any ongoing ballot counting after the election is fraudulent. Indeed, in a decision the president disparaged on Twitter, the US supreme court refused to undo the Pennsylvania supreme court’s decision that even ballots that arrived three days after election day would count as long as they were postmarked by election day.
    I cannot overstate the danger of this moment. Right now, it is essential that Republican members of Congress and the vice-president make it clear that the ballots need to be counted. Both candidates and parties should be modeling respect for our democratic process, patiently waiting for the legitimate results, and encouraging all Americans to do the same. Instead, Trump’s claims risk sowing violence, confusion and an erosion of faith in the bedrock principles of American democracy.
    Amid this chaos, what is left for us to do? Americans who believe that every person’s ballot should count in an election must insist on truth and spread this message as widely as possible on social media, at our dinner tables and, if need be, through peaceful demonstrations. That is the only way to counteract Trump’s lies and his threat of upending our democracy.
    Even if Biden does win and the results are accepted, we will have lived through a moment that showed our democracy is less stable than we assumed. Strengthening it and reinforcing its protections must be a priority of a Biden presidency.
    Corey Brettschneider is a political science professor at Brown. He is the author of The Oath and the Office: A Guide to the Constitution for Future Presidents and the editor of the new book The Decisions and Dissents of Justice Ruth Bader Ginsburg, part of his new series, Penguin Liberty More

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    Election night in New York City: anxiety, uncertainty and empty streets

    New York City prepared for the final act of the most consequential election in a generation on Tuesday. There was reason to worry.
    During the city’s 10 days of early voting, many of the 1.1 million New Yorkers were forced to spend large parts of the day in socially distant lines that stretched across multiple city blocks – including some who had decided to vote in person after a mail-in ballot snafu. Even the mayor waited almost four hours, after which he and the governor suggested a complete overhaul of the board of elections. More

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    US elects first trans state senator and first black gay congressman

    A deeply polarised US electorate has given the country its first transgender state senator and its first black gay congressman – but also its first lawmaker to have openly supported the baseless QAnon conspiracy theory.
    All four members of the progressive “Squad” of Democratic congresswomen of colour – Alexandria Ocasio-Cortez, Ilhan Omar, Ayanna Pressley and Rashida Tlaib – have been comfortably re-elected, and Sarah McBride’s victory in Delaware has made her the highest-ranking trans official in the US.
    “I hope tonight shows an LGBTQ kid that our democracy is big enough for them, too,” McBride, 30, who easily defeated the Republican Steve Washington to represent Delaware’s first state senate district, tweeted after the election was called.
    McBride, a former spokesperson for the LGBTQ advocacy group Human Rights Campaign, was a trainee in the White House during the Obama administration and became the first trans person to speak at a major political convention when she addressed Democrats in Philadelphia in 2016.
    “For Sarah to shatter a lavender ceiling in such a polarising year is a powerful reminder that voters are increasingly rejecting the politics of bigotry in favour of candidates who stand for fairness and equality,” said Annise Parker of the LGBTQ Victory Fund, which trains and supports out candidates.
    In Vermont, Taylor Small, 26, has become the state’s first openly transgender legislator after winning 41% of the vote to make it to the House of Representatives, making her the fifth “out” trans state legislator in the US. More

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    US election 2020: Biden sees narrow lead over Trump in Michigan and Wisconsin as results awaited – live updates

    Key events

    Show

    10.18am EST10:18
    Democrats: ‘Results indicate we are on a clear path to victory this afternoon’

    9.16am EST09:16
    AP running vote tally shows Biden holds a narrow lead in Michigan for first time

    8.08am EST08:08
    Former Trump adviser John Bolton calls president’s election comments ‘a disgrace’

    7.54am EST07:54
    Paths to victory remain for both Biden and Trump – but Biden has more

    Live feed

    Show

    10.18am EST10:18

    Democrats: ‘Results indicate we are on a clear path to victory this afternoon’

    In a live address Joe Biden campaign manager Jen O’Malley Dillon has said Joe Biden is on course to become the next president of the US. She said:

    We believe we are in a clear path to victory by this afternoon, we expect that the vice president will have leads in states that put him over 270 electoral votes today. The vice president will garner more votes than any presidential candidate in history, and we’re still counting. He has won over 50% of the popular vote. We are on track to win in Michigan by more than Donald Trump did in 2016. To win in Wisconsin by more than Trump did in 2016. To win in Pennsylvania by more than Trump did in 2016. And we flipped one of his states, Arizona.

    10.14am EST10:14

    The Democratic party are about to broadcast what they are calling a ‘Election protection briefing’. Biden campaign manager Jen O’Malley Dillon and former Counsel to president Barack Obama Bob Bauer will be talking shortly.

    Joe Biden
    (@JoeBiden)
    We won’t rest until everyone’s vote is counted. Tune in as my campaign manager @jomalleydillon and campaign adviser Bob Bauer give an update on where the race stands. https://t.co/Rwz4iR25B3

    November 4, 2020

    10.11am EST10:11

    Here’s the state of play – excuse the pun – in the states that have not yet been declared for one candidate or the other. We are expecting results from at least Wisconsin and Michigan later today. The others may take a little longer. More

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    Johnson says he will not comment on Trump's call to stop counting US election votes – video

    The prime minister sidestepped Keir Starmer’s attempt at PMQs to get him to comment on Donald Trump’s call to stop the counting of votes in the US election. Challenged by the Labour leader to agree that it was not the place of either candidate to decide which votes should count, Johnson said: ‘We don’t comment as the UK government on the democratic processes of our friends and allies’
    Boris Johnson refuses to comment on Trump’s call to stop vote-counting More

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    Faith v fraud: Biden and Trump react during the US election count – video

    With the US presidential election count still too  close to call, Joe Biden said he was optimistic about the outcome and that it the race was not over until every vote had been counted. Meanwhile, Donald Trump falsely claimed he had already won and spoke of a fraud against the American public
    Biden addresses supporters in Delaware: ‘We’re on track to win this election’  More

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    Could Trump really settle US election result in the supreme court?

    Given Donald Trump’s lifelong predilection for tying up opponents in the courts, and his long-stated threat to do the same with an election result that threatened to go against him, his call to have the 2020 election settled in the supreme court is not a surprise.
    So can he do it?
    Trump may, with this in mind, have filled the supreme court with conservative appointees, but things aren’t so straightforward. The supreme court is the final court of appeal in the US and has discretion over which cases it should hear, largely relating to challenges to cases heard in lower courts on points of federal law and the constitution.
    So a lot of action will happen initially at state-level courts – the election has prompted a spate of new cases in the hotly contested battleground state of Pennsylvania, including two due to be heard later on Wednesday.
    What has made the current election landscape more of a minefield is the fact the coronavirus pandemic has led states to look for ways to make voting safer, including expanding absentee ballots, which has opened states up to challenges in the courts over issues such as proposed extensions to the period in which late mail-in votes are counted.
    It is important to remember that election challenges in state courts are nothing new, sometimes without merit, and often have little impact in the end. However, one important exception to that was the 2000 election where a series of legal challenges over faulty voting procedures in Florida handed the election to George W Bush.
    What’s the thrust of Trump’s tactic?
    With more than 40 pre-election cases by Republicans, Trump’s strategy is to argue that any measure to make voting easier and safer in the midst of a pandemic is unconstitutional and open to fraud, a framing aimed at the supreme court.
    A second argument that has been deployed several times is that many of the measures to ensure voting is easy have been made by state officials – like governors – rather than state legislatures, opening a path, say conservatives, for a constitutional challenge.

    How could this work?
    The most common scenario is for lawyers to challenge the way an election was conducted locally and seek to have votes discarded. In the key state of Pennsylvania, conservative groups have already ramped up cases to ensure late mail-in ballots are not counted, with two cases due to be heard on Wednesday.
    However, Pennsylvania requires an unusually high burden of proof for challenging elections, including written affidavits detailing wrongdoing.
    Pennsylvania is already on the supreme court’s radar in this respect. Republicans in the state have already appealed against a Pennsylvania supreme court decision ordering state election officials to accept mail-in ballots that arrive up to three days after the election, relying on an interpretation of the state’s own constitution.
    The US supreme court deferred hearing this case before the election but in a case that it did rule on, the court sided with a Republican challenge saying the state could not count late mail in ballots in Wisconsin. The supreme court chief justice John Roberts made clear, however, that “different bodies of law and different precedents” meant the court did not consider the situation in Pennsylvania and Wisconsin as the same.
    Isn’t that good news for Democrats?
    It’s difficult to know. The Wisconsin decision was delivered before Trump’s third pick for the supreme court, Amy Coney Barrett, formally joined the bench last week, giving conservatives a 6-3 majority.
    Trump’s hope, as he has made very clear, is that this would help in the event he challenged the election result, but it is also unclear how Barrett would respond given Trump’s comments. And she could recuse herself from hearing any election-related cases because of a perceived conflict.
    Where else could we see challenges?
    Michigan, if it is close, is an outlier in that it has no formally laid-out system for a challenge, although any recount is automatically triggered by a margin of less than 2,000 votes.
    North Carolina, for instance, also has a challenge to a late voting extension before the courts. It all becomes something of moot point should Biden secure enough of a lead in the electoral college.
    What’s the worst-case scenario?
    The closer the outcome in the electoral college, the more messy things become, with the memory of Florida in 2000 looming above everything. The closest of results led to 35 messy days of legal challenges and laborious hand recounts, which gave the election to George W Bush after the state was originally called by news organisations for the Democratic challenger Al Gore.
    Bush took 271 of the 538 electoral votes, winning Florida by fewer than 600 votes, after a recount was halted by the supreme court, making Bush the first Republican president since 1888 to win despite losing the popular vote. More

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    Mark Kelly on Senate win in Arizona: 'Tonight is about getting to work' – video

    Mark Kelly, the Democrat and former astronaut, focused on bipartisanship in a speech shortly before he was declared the winner of the Senate race in Arizona. ‘I’m confident that when all the votes are counted, we’re going to be successful in this mission,’ Kelly told supporters. ‘The work starts now.’
    The retired US navy captain, who ran his campaign by playing up his outsider status in politics, said: ‘Our state doesn’t need a Democrat senator or a Republican senator. We need an Arizona senator. There is nothing we can’t achieve if we work together’
    Results come in after polls close – as it happened More