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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Kevin Davey with Heritage Village long-term care facility holds a bag open as Lucyanne Carruthers of Panago Pizza in Sardis stacks some of the 35 pizzas to be given to the seniors’ residence on Friday, Dec. 4, 2020. (Jenna Hauck/ Chilliwack Progress)
Pizzeria owner continues to bring free lunches to Chilliwack seniors in long-term care

Even during COVID, Lucyanne Carruthers of Panago has been giving pizza lunches to Heritage Village

Chilliwack General Hospital. (Jenna Hauck/ Progress file)
Chilliwack mother upset about son’s alleged suicide attempt after hospital discharge

Rhonda Clough said 34-year-old son suffering with bipolar disorder should have been kept in hospital

Downtown Chilliwack BIA executive director Kyle Williams promoting the buy local ‘Shopportunity’ program that launched mere days ago. (Screenshot)
Downtown Chilliwack Business Improvement Association parts ways with Kyle Williams

BIA president Ruth Maccan said the association ‘will have a new look in 2021’

An anonymous person has decorated a tree and posted a sign encouraging others to do the same on the Teapot Hill Trail, and Bill Wojtun shared the idea on Facebook. (Facebook photo)
Could Cultus Lake’s Teapot Hill become Holiday Hill this Christmas?

An anonymous person is encouraging people to decorate trees on the local trail

Darwin Douglas, All Nations Cannabis CEO, and Cheam First Nation councillor. (Darwin Douglas/ Facebook)
Provincial reps a no-show at cannabis roundtable with All Nations Chiefs

Provincial snub was ‘disappointing but also somewhat expected’ says All Nations CEO

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

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

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Grand Chief Doug Kelly, representing the Sto:lo Tribal Council, is one of five signatories on an op-ed issued Dec. 4, 2020 in response to Mary Ellen Turpel-Lafond’s report: In Plain Sight Addressing Indigenous-specific Racism and Discrimination in B.C. Healthcare. (Submitted)
OP-ED: Fraser Health and Indigenous leaders respond to report on racism in healthcare

‘We remain committed to real change, ending racism in our system’

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Vancouver Island for driving tests

Union leader calls on government to institute stronger travel ban

Most Read