A family visits the Supreme Court in Washington, Wednesday, Nov. 4, 2020. The Trump campaign is seeking to intervene in a Pennsylvania case at the Supreme Court that deals with whether ballots received up to three days after the election can be counted. (AP Photo/J. Scott Applewhite)

A family visits the Supreme Court in Washington, Wednesday, Nov. 4, 2020. The Trump campaign is seeking to intervene in a Pennsylvania case at the Supreme Court that deals with whether ballots received up to three days after the election can be counted. (AP Photo/J. Scott Applewhite)

Trump sues in 3 states, laying ground for contesting outcome

To some election law experts, calling for the Supreme Court to intervene now seemed premature

As Democrat Joe Biden inched closer to the 270 Electoral College votes needed to win the White House, President Donald Trump’s campaign put into action the legal strategy the president had signalled for weeks: attacking the integrity of the voting process in states where the result could mean his defeat.

Democrats scoffed at the legal challenges the president’s campaign filed Wednesday in Pennsylvania and Michigan. Those largely demand better access for campaign observers to locations where ballots are being processed and counted.

Early Thursday, a separate Trump campaign lawsuit in Georgia over concerns about 53 absentee ballots was dismissed by a judge after county elections officials testified that all of those ballots had been received on time.

The Associated Press called Michigan for Biden on Wednesday. The AP has not called Georgia, Nevada or Pennsylvania.

Biden campaign attorney Bob Bauer on Thursday called the Trump campaign’s lawsuits meritless.

“I want to emphasize that for their purposes these lawsuits don’t have to have merit. That’s not the purpose. … It is to create an opportunity for them to message falsely about what’s taking place in the electoral process,” Bauer said, accusing the Trump campaign of “continually alleging irregularities, failures of the system and fraud without any basis.”

But Trump campaign officials accused Democrats of trying to steal the election, despite no evidence anything of the sort was taking place.

Trump campaign manager Bill Stepien, in a call with reporters Thursday morning, said that “every night the president goes to bed with a lead” and every night new votes “are mysteriously found in a sack.”

Trump campaign spokesman Jason Miller said additional legal action was expected and would be focused on giving campaign officials access to view ballots being counted.

“We will literally be going through every single ballot,” he said of the count in hotly contested Nevada.

Trump’s campaign has also announced that it will ask for a recount in Wisconsin, also a state the AP called for Biden on Wednesday. Stepien previously cited “irregularities in several Wisconsin counties,” without providing specifics.

Biden said Wednesday the count should continue in all states, adding, “No one’s going to take our democracy away from us — not now, not ever.”

Vote counting, meanwhile, stretched into Thursday. In every election, results reported on election night are unofficial and ballot counting extends past Election Day. This year, states were contending with an avalanche of mail ballots driven by fears of voting in person during a pandemic.

Mail ballots normally take more time to verify and count. And results were expected to take longer this year because there are so many mail ballots and a close race.

The lawsuits the Trump campaign filed in Michigan and Pennsylvania on Wednesday called for a temporary halt in the counting until it is given “meaningful” access in numerous locations and allowed to review ballots that already have been opened and processed.

The AP’s Michigan call for Biden came after the suit was filed. The president is ahead in Pennsylvania, but his margin is shrinking as more mailed ballots are counted. The state had 3.1 million mail ballots, and a court order allows ballots received in the mail to be counted until Friday if they were postmarked by Nov. 3.

VIDEO: More than a dozen arrested in U.S. cities as protesters demand vote count

On Thursday, a state appellate court ordered a Philadelphia judge to ensure that party and candidate observers can get up close to election workers processing mail-in ballots in the city. The decision came after the Trump campaign complained Tuesday that its observer could not get close enough to election workers to see the writing on the mail-in ballot envelopes, to ensure that the envelope contains a signature and an eligible voter’s name and address. Ballots without that kind of information could be challenged or disqualified.

Pennsylvania Attorney General Josh Shapiro, a Democrat, said in a CNN interview the Trump campaign’s lawsuit was “more a political document than a legal document.”

“There is transparency in this process. The counting has been going on. There are observers observing this counting, and the counting will continue,” he said.

The Michigan lawsuit claims Secretary of State Jocelyn Benson, a Democrat, was allowing absentee ballots to be counted without teams of bipartisan observers as well as challengers. Michigan Democrats said the suit was a longshot. Poll watchers from both sides were plentiful Wednesday at one major polling place in question, the TCF Center in Detroit, the AP observed.

The Georgia lawsuit filed in Chatham County essentially asked the judge to ensure the state laws are being followed on absentee ballots. Campaign officials said earlier they were considering similar challenges in a dozen other counties around the state.

Trump, addressing supporters at the White House early Wednesday, talked about taking the undecided race to the Supreme Court. Though it was unclear what he meant, his comments evoked a reprise of the court’s intervention in the 2000 presidential election, which ended with a decision effectively handing the presidency to George W. Bush.

But there are important differences from 2000 and they already are on display. In 2000, Republican-controlled Florida was the critical state and Bush clung to a small lead. Democrat Al Gore asked for a recount and the Supreme Court stopped it.

To some election law experts, calling for the Supreme Court to intervene now seemed premature, if not rash.

A case would have to come to the court from a state in which the outcome would determine the election’s winner, Richard Hasen, a University of California, Irvine, law professor, wrote on the Election Law blog. The difference between the candidates’ vote totals would have to be smaller than the ballots at stake in the lawsuit.

“As of this moment (though things can change) it does not appear that either condition will be met,” Hasen wrote.

___

Associated Press writers Jill Colvin in Washington, Ben Nadler in Atlanta, John Flesher in Traverse City, Mich., Mike Householder and Ed White in Detroit, Nomaan Merchant in Houston, Kathleen Ronayne in Sacramento, Calif., and David Eggert in Lansing, Mich., contributed to this report.

Mark Sherman And Jessica Gresko, The Associated Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Donald TrumpJoe BidenUSA

Just Posted

Surrey RCMP in the 4900-block of 148th Street, a short road just off of King George Boulevard, on May 15, 2021 after a male was allegedly assaulted with a “pipe-like” weapon that morning. (Photo: Shane MacKichan)
Surrey RCMP investigating after person reportedly injured with ‘pipe-like’ weapon

Police investigating incident in the 4900-block of 148th Street

Surrey Fire Service battled a fire at an apartment building in Fleetwood late Friday night (May 14), near 84th Avenue and 160th Street. (Photo: Shane MacKichan)
UPDATE: Surrey firefighters continue to work to put out ‘stubborn’ fire

Four-storey building located at 84th Avenue near 160th Street; crews on scene for nearly 12 hours

The leadership team at Johnston Heights Secondary is looking to raise money for the Canadian Cancer Society through the Relay for Life, planned as an online and in-person event (following COVID-19 restrictions) for the week of June 1 to 7.
Pushed back a year, Surrey students well on their way to Relay for Life fundraising goal

Johnston Heights Leadership Team aims to raise $6,500 for Canadian Cancer Society

The Independent Investigations Office of BC (IIO) (File Photo)
Police watchdog investigating after man found dead in South Surrey following a wellness check

IIO says officers ‘reportedly spoke to a man at the home before departing’

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

People shop in Chinatown in Vancouver on Friday, February 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver community leaders call for action following 717% rise in anti-Asian hate crimes

‘The alarming rise of anti-Asian hate in Canada and south of the border shows Asians have not been fully accepted in North America,’ says Carol Lee

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Dr. Steve Beerman, of Nanaimo, shows off his Dr. David Bishop Gold Medal, awarded for distinguished medical service. (Karl Yu/News Bulletin)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Most Read