Trump campaign expands lawsuits in strategy rooted in Constitution’s voting law authority

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By Carrie Sheffield

As the Trump campaign expands its lawsuits — including new filings Wednesday in Georgia and Pennsylvania — legal scholars say they are likely rooted in the Constitution’s voting law authority, which limits the power of non-legislative actors trying to assert their power over balloting.

Trump has assembled a high-powered legal team

to combat what it says is executive and judicial overreach in key battleground states led by Democratic governors. The Elections Clause of the Constitution (Article I, Section 4) gives state legislatures the authority to set the time, place and manner of federal elections, i.e., the rules governing the election process, including absentee ballots. Republicans say this legislative power has been eroded by both executive and judicial mission creep.



In Wisconsin, for example, the Governor, Tony Evers is a Democrat, but both chambers of the legislature are held by Republicans. The Trump campaign has filed for a recount in the Badger State amid a razor-thin lead held by rival Joe Biden. The Supreme Court late last month rejected Democrats’ request to extend the deadline for counting mail-in ballots in Wisconsin beyond Election Day because of coronavirus concerns.

The GOP and the Trump campaign also announced Wednesday they are suing Pennsylvania, claiming the extension of a voter ID deadline is in violation of state law. The Keystone State has a Democratic governor, Tom Wolf, and a state supreme court with a majority of partisan, elected justices — five of its seven judges were Democrats upon their first election. The court recently ruled against Republicans and allowed Pennsylvania to accept ballots received up until 3 days after Election Day.

The U.S. Supreme Court declined to hear a challenge to that ruling, letting it stand for now with a 4-4 ruling, prior to Justice Amy Coney Barrett’s seating. Republicans brought the case up to the high court a second time after Barrett’s seating and were again denied a hearing on the case prior to Election Day (Barrett did not vote on that ruling, saying she hadn’t had time to review the case). Republicans say a third try might see a different outcome, if the court agrees to hear the case in an emergency situation like the current electoral uncertainty.

Conservative activists filed a lawsuit on Election Day against the Pennsylvania state secretary

alleging that a last-minute rule change to the state’s ballot-counting process is privileging some voters over others and potentially slanting the outcome of the election.

On Wednesday, Trump’s team also filed a lawsuit in Georgia, where a GOP poll observer saw 53 late absentee ballots “illegally added to a stack of on-time absentee ballots in Chatham County,” said Deputy Campaign Manager and Senior Counsel Justin Clark. “We will not allow Democrat election officials to steal this election.”

Hans von Spakovsky, a former member of the Federal Election Commission and a legal scholar at the Heritage Foundation, told Just the News that in the Trump campaign’s cases in Pennsylvania, Wisconsin and Michigan, the courts should ensure that poll watchers are given the ability to completely observe the counting process as required under state law and should order election officials to not only allow complete access to designated poll watchers, but also to enforce full compliance with state laws governing absentee ballots.

“I believe the Trump campaign has a strong constitutional argument,” Von Spakovsky said. “That includes any requirements for signature comparison, witness signatures, etc. Election officials should not be allowed to waive those rules and count such defective ballots.”

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Just like when Democrats ruled the South, the federal government and courts will have to intervene to keep Democrats from cheating voters out of their vote. Democrats always have to be watched closely to stop their corruption.

Trump’s lawyers cannot keep him in the White House if he loses the election. The states are not going to allow his lawyers to manipulate their results.

An example of Team Trump’s legal bullshit:

November 5, 2020 – Pennsylvania court orders counties to segregate some absentee and mail ballots

A Pennsylvania court ordered counties to segregate ballots from absentee and mail-in voters who were allowed to provide proof of ID after initially failing to do so on their mail ballots. The Trump campaign has asked the Pennsylvania Commonwealth Court not to allow these ballots to count.

This is the second tranche of ballots that would be segregated. In a separate case, the state Republican Party requested that the U.S. Supreme Court review a state court ruling that extended the deadline for receiving mail-in ballots by three days, through November 6.

While the U.S. Supreme Court rejected a request from the state GOP to expedite a review of the decision, it left the door open to a review of the segregated ballots after the election. The Department of State instructed counties last week to segregate but count these ballots received after Election Day.

So tell me… Why should these ballots be thrown out, when they were timely received and when proper identification was in fact provided by the voters when requested?

Why should they be allowed to remove the three-day extension of a submission deadline that was ordered by the Pennsylvania Supreme Court to allow for ballots that were caught in documented mail delays?

@Greg:

A judge has ordered Republican poll watchers be allowed to watch the vote count in Philadelphia. The Sheriff there is refusing to enforce the court order and Republican poll watchers are still being barred.

“The Thursday morning order from Pennsylvania Commonwealth Court Judge Christine Fizzanno Cannon permits Trump campaign observers to stand within six feet of any table where counting is taking place in order to monitor the process, overturning a ruling from lower Philadelphia court.”

And you want to tell us there is no cheating going on in Pennsylvania? You remain the liar you have always been.

@Greg:

So tell me… Why should these ballots be thrown out, when they were timely received and when proper identification was in fact provided by the voters when requested?

Apparently you remain the clueless idiot.

A Pennsylvania court ordered counties to segregate ballots from absentee and mail-in voters who were allowed to provide proof of ID after initially failing to do so on their mail ballots.

You really need a better grasp of the English language.

@Greg:

Trump’s lawyers cannot keep him in the White House if he loses the election. The states are not going to allow his lawyers to manipulate their results.

No. Their job is to make sure the law is followed and allowing ballots to keep rolling in for three days, not requiring signature validation and preventing both parties from having observers is not following the law. It’s what totalitarians do.

@retire05:

A judge has ordered Republican poll watchers be allowed to watch the vote count in Philadelphia. The Sheriff there is refusing to enforce the court order and Republican poll watchers are still being barred.

Because Democrats want everything to be transparent. Even their corruption.

@retire05, #5:

A Pennsylvania court ordered counties to segregate ballots from absentee and mail-in voters who were allowed to provide proof of ID after initially failing to do so on their mail ballots.

Yeah, I think everybody got that. They failed to provide ID with their ballots, were contacted by election officials and requested to do so, and then they did. Had they showed up in person to vote and lacked some necessary document, they would also have been requested to provide it, and would have their vote counted if they produced it as requested.

What do you not understand?

This afternoon, in Nevada…

The man explains things very clearly. The comments below the video are from idiots who imagine they’re smart because they’re part of a mob, or from phony accounts that are devoid of content.

@Greg:

They failed to provide ID with their ballots, were contacted by election officials and requested to do so, and then they did.

What proof do you have that election officials contacted provisional ballot voters to “cure” their ballots? What election officials? In what counties? Like election officials don’t have any thing better to do than contact those who cast provisional ballots.

Give me the proof that was done. You can give me that proof along with the answer to the question I asked you about Michigan election law that I am still waiting for you to answer.

You are such a liar. And such a radical Commie.

What proof do you have that election officials contacted provisional ballot voters to “cure” their ballots? What election officials? In what counties?

That’s what election officials stated they did. That’s why the ballots have been separated out, in accordance with a court order. Obviously the ballots are identifiable. They know which ballots the procedure applied to, or they couldn’t have been separated out.

What proof do you have that such an issue even exists? Trump supporters get these ideas planted in their heads, and then demand proof that they’re not true. It’s how this ridiculous, dangerous man got elected to begin with—because of your inability or unwillingness to separate fact from what you happen to believe for whatever reason. The Party of Trump is the party of nonsense.

@Greg: Seems they are using glitchy software…have you learned to code? 😉

Wow 32 other counties too?

@Greg:

The Party of Trump is the party of nonsense.

There is no “Party of Trump.” Just legal votes, and illegal votes.

Who do you work for, by the way?
I’ve asked in awhile, and obviously your handlers have you on damage control during this planned usurpation of our fair and free elections.

It’s how this ridiculous, dangerous man got elected to begin with—because of your inability or unwillingness to separate fact from what you happen to believe for whatever reason. The Party of Trump is the party of nonsense.

TDS isn’t a compelling argument. Try harder. You can’t possibly have an issue with Trump then support a bumbling racist fool who can’t even speak named Joe Biden.

How much do you get paid?

@Greg:

That’s what election officials stated they did.

What election officials? Name them and the state they represent. Provide a link to your b/s claims.

That’s why the ballots have been separated out, in accordance with a court order. Obviously the ballots are identifiable.

Obviously? In other words, you don’t know so you’re just blowing smoke again, which is your M.O.

They know which ballots the procedure applied to, or they couldn’t have been separated out.

Oh, right. You freaking idiot. Ballots by mail come in a approved envelope sent out with the ballot. Jeeze………….you need better handlers.

What proof do you have that such an issue even exists?

What issue? Be specific, which you never are when you are just blathering b/s.

Trump supporters get these ideas planted in their heads, and then demand proof that they’re not true. It’s how this ridiculous, dangerous man got elected to begin with—because of your inability or unwillingness to separate fact from what you happen to believe for whatever reason. The Party of Trump is the party of nonsense.

Again, get better handlers. Your ramblings are tiresome and not fact based.

@kitt: Glitch or feature?

@Greg:

Trump supporters get these ideas planted in their heads, and then demand proof that they’re not true.

Oh… like Russian collusion? No, in cases like that you HAD no proof and we provided the proof it was all lies. Now we have evidence of massive voter fraud, want it investigated but you want it ignored because you KNOW it’s probably true.

Anyone that would support Quid Pro Joe, Don Biden of the Biden crime family would be totally OK with voter fraud.

@retire05, #13:

Want something fact based? Georgia just might do it before Nevada or Pennsylvania.

Trump’s lead in Georgia has shrunk to only one-tenth of one percent, with around 1.2 percent of all Georgia ballots still to be counted.

@kitt: Glitch or feature?

@Greg:

Trump supporters get these ideas planted in their heads, and then demand proof that they’re not true.

Oh… like Russian collusion? No, in cases like that you HAD no proof and we provided the proof it was all lies. Now we have evidence of massive voter fraud, want it investigated but you want it ignored because you KNOW it’s probably true.

Anyone that would support Quid Pro Joe, Don Biden of the Biden crime family would be totally OK with voter fraud.

Biden has to hold onto the states he’s “won”.

@Deplorable Me:

If Biden wins, maybe we can look forward to the declassification of some of the Russia investigation material that Trump claimed he had ordered declassified and released, but never actually did.

Everywhere Trump is losing, the process is tainted. Everywhere he’s winning, not so much. He’s not going to allow a peaceful transition of power if he loses. He never said he would. He refused to answer when asked.

Hopefully if this happens someone will talk to him. Otherwise, it won’t end well.

@Greg:

Trump’s lead in Georgia has shrunk to only one-tenth of one percent, with around 1.2 percent of all Georgia ballots still to be counted.

Which should trigger an automatic recount. One where Republican participate unlike what is going on now.

Notice how the Hunter Biden scandal has gone away with the Democrats stealing the 2020 Presidential election?

@Greg:

Everywhere Trump is losing, the process is tainted. Everywhere he’s winning, not so much.

Not true. It’s likely fraudulent voting occurred in almost every state, even one’s he won.

Mail-in voting on this scale, without a slow rollout and testing, is rife with fraud.

It’s the only way the Democrats thought they could win: to cheat.

Not working so well for them, though.

Trump is set to win Pa, Ga, NC, and most likely Nevada and/or AZ.

Biden’s fake election has been foiled, thank God.

@Greg:

He’s not going to allow a peaceful transition of power if he loses. He never said he would. He refused to answer when asked.

Why should he? THE DEMOCRATS CHEATED, and the majority of American’s WILL NOT allow Biden to be installed.

Nice try, thought.

@retire05:

Notice how the Hunter Biden scandal has gone away with the Democrats stealing the 2020 Presidential election?

Yes, indeed, as I expected. It’s no longer of any use to the Trump campaign. They’ve now shifted to pitching voting fraud full time.

The margin in Georgia has narrowed even further. Trump is being whittled away, by an insidious election process commonly known as “counting”.

Hannity is lying is posterior off on behalf of the President. Somebody should explain to him that monitoring does not mean auditing. The judge will undoubtedly explain it to Trump’s lawyers, but winning in court isn’t really their objective. If the cases go against them, the court will be labeled as part of the conspiracy.

The tech oligarchs and media are gaslighting everyone, neither candidate has a single electoral vote, not 1. A states attorney general calls a State after certified. A states attorney general isnt going to call a race while there is ongoing litigation.
Who cares what faux news, wretched madcow, or Fredo say.
Right now we have the lay of the land, but media is trying to put blinders on the entire nation.
There will be hard feelings when 270 is called, we know which side is driven mad with their feelings.

@Greg:

If there is absolutely no ballot fraud going on in Philadelphia and other cities, why doesn’t Bargain Basement Joe Biden come out and tell those ballot counting centers to allow the Republican watchers into those centers? Didn’t Biden tell the nation he would be transparent?

If you’re so damn certain the ballots are being counted properly, you should also want the laws on watchers followed, but you don’t.

@Greg:

If Biden wins, maybe we can look forward to the declassification of some of the Russia investigation material that Trump claimed he had ordered declassified and released, but never actually did.

You mean all of Schiff’s “evidence”? Why hasn’t Schiff released it? Oh… that’s right. All HIS evidence was nothing but LIES.

Consider this; Trump was right about Obama’s spying. He was right about Mueller’s witch hunt. He was right about the Ukraine call. He was right about HCQ. He was right about Syria. He was right about Jerusalem. He’s been right about EVERYTHING. He doesn’t stick his neck out on things he is not totally convinced, with FACTS, are true.

@Greg: It’s very clear the Democrats planned this. Election fraud WAS committed.

It’s most likely that the supreme Court will give the election to Trump, or even perhaps have the fraudulent States have another election, one where Democrats can’t fabricate votes.

Putin talking about stepping down next year. “My work here is done.”

@Nathan Blue:

It’s most likely that the supreme Court will give the election to Trump, or even perhaps have the fraudulent States have another election, one where Democrats can’t fabricate votes.

Just can’t let go of the fairytale that Trump’s going to win, can you?