Georgia’s GOP senators falsely claim election fraud just to stay in power

From today’s NBC News Online:

We are a conservative and a centrist who — at various times in our careers — have served in significant federal government roles. From the time of Presidents Ronald Reagan and George H.W. Bush through today, we have seen in action how the adherence to the principles of federalism and the separation of powers has served the people of the United States as our Constitution’s framers wisely intended.

But the position of Sens. David Perdue and Kelly Loeffler, R-Ga., on federal interference in their own state’s electoral processes is unfaithful to that tradition; it is neither conservative nor effective. Georgians should demand more of their senators — and so should the people of every state where similar, spurious challenges against their electoral processes are being leveled on behalf of a failed president.

The joint statement of Perdue and Loeffler claiming mismanagement and corruption in their state’s elections reflects both bad temper and bad judgment. Their claim lacks any specificity or description of evidence of actual fraud, and was issued with a malicious, menacing tone befitting dark conspiracy theorists rather than high public officials.

And, since their initial statement, neither has provided any specific evidence of fraud. (On Thursday, Georgia finished a hand recount of ballots in the state showing Joe Biden had indeed won presidential race.)

Forced to demonstrate any possible sources of election fraud, Perdue’s cousin, Secretary of Agriculture Sonny Perdue, also made hollow, unsupported assertions of unidentified people voting twice, others engineering votes by or on behalf of those who have died, moved out of state, and yet others voting despite being ineligible convicted felons. He cited no evidence — and, in fact, there may be no such illegal voters — of any such voter fraud or any basis for believing that it could disqualify enough ballots to flip the outcome.

To make matters worse, Sens. Perdue and Loeffler used the opportunity to demonize Georgia Secretary of State Brad Raffensperger, a Republican who not only voted to re-elect President Donald Trump, but also to re-elect both of them. “I’d like our side to win,” Raffensperger said in an interview with Atlanta’s Fox affiliate Nov. 10, “but then you have to win fair and honestly.”

He added: “I want 100 percent of the people to understand that the process was fair and accurately counted.”

That is how a democracy is supposed to work; anything else, and we might as well live in Russia or China.

Read the complete article here.

Election Officials in Every Swing State Say There’s No Evidence of Voter Fraud

From today’s Newsweek:

Election officials in 49 states, including swing states crucial to the victory of Democratic President-elect Joe Biden, have all publicly stated that they’ve seen no evidence of widespread voter fraud. Their statements run contrary to the claims of the Republican National Committee (RNC) and President Donald Trump‘s re-election campaign.

Months before the election, Trump claimed he would only lose if there were widespread fraud or vote-rigging. Trump subsequently lost the election by more than 5 million popular votes and 73 electoral votes.

Biden decisively won due to 273,000 popular votes and 79 electoral votes in six swing states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.

Election officials and secretaries of state from those and 43 other states told The New York Times that they neither suspect nor have proof of any widespread voter fraud. The only state not to respond was Texas, where Lieutenant Governor Dan Patrick offered citizens $1 million for any evidence of fraud.

Gabriel Sterling, voting implementation manager in the Georgia Secretary of State’s office, disavowed any claims of fraud to the Times. Jake Rollow, spokesman for Michigan’s Democratic Secretary of State Jocelyn Benson, told the publication, “We have not seen any evidence of fraud or foul play in the actual administration of the election.”

Jacklin Rhoads, spokeswoman for Pennsylvania’s Democratic Attorney General Josh Shapiro, said, “No active lawsuit even alleges, and no evidence presented so far has shown, widespread problems.”

Read the complete article here.

Fox News cuts away from Kayleigh McEnany news conference after she alleges vote fraud with no evidence

From today’s Washington Post:

Fox News cut away from White House press secretary Kayleigh McEnany’s remarks at a news conference Monday evening because she claimed without evidence that Democrats were inviting fraud and illegal voting.

“There is only one party in America trying to keep observers out of the count room, and that party, my friends, is the Democrat Party,” she said, adding, “You don’t oppose an audit of the vote because you want an accurate count. … You take these positions because you are welcoming fraud and you are welcoming illegal voting.”

From the Fox News studio, anchor Neil Cavuto cut in to end Fox’s broadcast of the video feed from the Republican National Committee headquarters. “Whoa, whoa, whoa,” he said. “I just think we have to be very clear that she’s charging the other side as welcoming fraud and welcoming illegal voting. Unless she has more details to back that up, I can’t in good countenance continue showing you this.”

He continued: “I want to make sure that maybe they do have something to back that up, but that’s an explosive charge to make, that the other side is effectively rigging and cheating. If she does bring proof of that, of course we’ll take you back. So far she has started saying right at the outset — welcoming fraud, welcoming illegal voting. Not so fast.”

The decision to cut away was Cavuto’s, not an edict from Fox’s top brass, according to people familiar with the show’s decision.

Fox has occasionally cut away from McEnany briefings in the past but notably did not do so even during the lengthiest of President Trump’s coronavirus task force briefings, when Trump took the lectern and veered away from information about the pandemic and straight into political messaging.

The move Monday came amid heightened attention on Fox News, whose decision desk was the first to call the state of Arizona for former vice president Joe Biden on election night, incurring the wrath of the president. The close relationship the network has long enjoyed with the president has cooled in the weeks since Rupert Murdoch, whose family controls Fox News, started telling associates that he predicted Trump would lose the election.”

McEnany would go on to say at Monday’s news conference that Republican poll watchers were barred from observing the counting, an allegation that Fox News reporter Eric Shawn, who had been reporting from Philadelphia during the counting, refuted on air numerous times last week, including at one point showing a photograph of the view a poll watcher could see. “That’s not true,” Shawn told host Dana Perino on air about such an allegation by Trump. “That’s not true. That’s just not true.”

Read the complete article here.

Judge Dismisses Effort To Throw Out Drive-Through Votes In Houston

From today’s NPR News Online:

U.S. District Court Judge Andrew Hanen on Monday threw out a suit challenging the legality of some 127,000 votes cast at drive-through voting sites in the Houston area. He ruled the plaintiffs don’t have legal standing to sue.

Harris County, Texas’ most populous county and majority-Democratic, erected 10 tents to expedite the early voting process as a way of allowing people to cast ballots safely during the coronavirus pandemic. They were also in place this summer before the state’s primary.

Noting that point, Hanen, a George W. Bush appointee, asked plaintiffs, “Why am I just getting this case?” He later said that the suit was not timely and that “this has been going on all summer.”

The suit was brought by Republican activists, who argued the move by Harris County Clerk Chris Hollins, a Democrat, was an illegal expansion of curbside voting, which is permitted under Texas law. The Texas Supreme Court dismissed a similar challenge on Sunday. All of that court’s justices are Republican appointees.

Hanen said that if he found the plaintiffs did have standing, he would have still ruled against them “as to the voting that has already taken place,” but that he would “probably enjoin tomorrow’s votes.” He also ordered that records of votes cast in the drive-through facilities be maintained in case his decision is reversed on appeal.

One of the intervenors in the hearing, lawyer Andre Segura of the American Civil Liberties Union of Texas, argued that a ruling allowing the ballots to be thrown out would cause people to have to vote a second time.

Read the complete article here.

Voting rights group files suit against Trump administration officials alleging voter intimidation

From today’s The Hill Online:

A voting rights group and others filed a lawsuit against President Trump and administration officials on Wednesday, alleging their actions have amounted to voter intimidation.

The lawsuit filed in the U.S. District Court for the District of Columbia less than two weeks from Election Day names Trump, Attorney General William Barr and acting Secretary of Homeland Security Chad Wolf as defendants. 

Mi Familia Vota Education Fund, an advocacy group for Latino voters, and two registered voters assert in the 53-page complaint that all three officials have violated the Voting Rights Act of 1965, the Ku Klux Klan Act and the Constitution. The group is represented by Free Speech for the People, Mehri & Skallet and Emery Celli.

The beginning of the complaint lists six actions the officials have taken that the plaintiffs said were equivalent to voter intimidation.

The actions in question include calling on Trump supporters to serve as “‘poll watchers,’” sending law enforcement to polling stations, having “sabotaged” mail delivery, threatening mail-in voting and those ballots’ ability to be counted, proposing to delay the election and not committing to a peaceful transition of power.

“Defendants’ actions over the past five months make these threats terrifyingly credible,” the complaint said. “Defendants have displayed a willingness to use the full force of the federal government to suppress constitutionally protected activity and incite private actors to do the same.”

“The pattern of conduct described above has had, as a foreseeable impact, an objective intimidating effect on eligible voters,” the complaint adds.

The complaint also criticized the administration for sending federal law enforcement to respond to protests “perceived to be in opposition to him” and not to demonstrations of those “perceived to support him.”

Read the complete article here.

SCOTUS denies GOP bid to stop an extended deadline for PA mail-in ballots

From today’s Washington Post:

The Supreme Court on Monday night allowed Pennsylvania election officials to count mail-in ballots received up to three days after Election Day, refusing a Republican request to stop a pandemic-related procedure approved by the state’s highest court.

The justices’ action involved an arcane voting practice but carried outsize importance because of Pennsylvania’s pivotal role in the presidential election. It prompted a fierce battle between the state’s Democrats and Republicans.

It also showed a precariously balanced Supreme Court, which has only eight members after the death last month of Justice Ruth Bader Ginsburg, and the potential importance of President Trump’s nominee to replace her, Judge Amy Coney Barrett.

The court was tied on the Republican request, which means the effort failed.

The court’s four most conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — said they would have granted the stay.

But that takes five votes, which means Chief Justice John G. Roberts Jr. sided with liberal Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

Neither side explained its reasoning, which often is the case with emergency requests. But the outcome underscored the decisive role Barrett could play if she is confirmed by the Republican-controlled Senate — with a vote there expected as soon as next week. Trump has said he wants his nominee on the court in case it is split on litigation arising from the election.

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California Eases Off Legal Threats Over GOP Unauthorized Ballot Drop Boxes

From today’s NPR News Online:

The state of California appears to be backing off legal threats against the California Republican Party over its use of unauthorized ballot drop boxes.

On Monday, California’s secretary of state and attorney general sent a cease-and-desist order to the California GOP and several county party offices, ordering they remove unauthorized boxes to collect ballots, some of which were labeled “official.”

At a press conference Friday, Attorney General Xavier Becerra and Secretary of State Alex Padilla, both Democrats, didn’t announce any additional enforcement action against the party, saying the California GOP agreed to modify how they were collecting.

But while the California Republican Party agreed not to place unauthorized ballot drop boxes outdoors, leave drop boxes unattended or present them as official, the party said it will continue to accept ballots delivered by voters to local party offices and secure them in boxes attended by staff or volunteers.

Becerra and Padilla said they would continue to monitor the party’s activities closely and proceed with an investigation.

“The Republican Party’s deployment of these unofficial and deceptive ballot drop boxes were in violation of state law, and they created voter confusion,” Padilla said.

In a statement Friday on Twitter, the party’s spokesperson, Hector Barajas, said the California Republican Party made no concessions to the attorney general or secretary of state and denied doing anything wrong in the first place.

Friday’s press conference left a lot of ambiguity about how the party is continuing to deploy ballot collection boxes and whether or not using unauthorized drop boxes in any form violates California law.

Padilla and Becerra reiterated that while ballot collection is allowed, state rules require that whoever assists with delivering a ballot sign the envelope to record a chain of custody. But they also said ballots without that signature would not be rejected either.

Read the complete article here.

CA Republican Party Admits It Placed Misleading Ballot Boxes Around State

From today’s New York Times:

The California Republican Party has admitted responsibility for placing more than 50 deceptively labeled “official” drop boxes for mail-in ballots in Los Angeles, Fresno and Orange Counties — an action that state officials said was illegal and could lead to voter fraud.

The dark gray metal boxes have been popping up over the past two weeks near churches, gun shops and Republican Party offices, mostly in conservative areas of a deep-blue state, affixed with a white paper label identifying them as either an “Official Ballot Drop off Box” or a “Ballot Drop Box.”

To the average voter, they are virtually indistinguishable from drop-off sites sanctioned by the state, which are governed by strict regulations intended to prevent the partisan manipulation of ballots.

The actions of the largely marginalized state party come at a moment when Republicans and Democrats are engaged in a bitter national struggle over voting rights, with President Trump’s allies accusing Democrats in Minnesota and elsewhere of undermining the integrity of the electoral process by expanding absentee voting and other measures to increase ballot access.

On Monday, California’s secretary of state, Alex Padilla, and Attorney General Xavier Becerra sent a cease-and-desist order to the state- and county-level Republican parties, ordering them to remove the boxes. They also urged voters who might have unknowingly dropped off their ballots in the receptacles to sign up with the state’s voter tracking website to ensure their vote is counted.

“Misleading voters is wrong regardless of who is doing it,” Mr. Padilla said in a conference call with reporters, adding that the boxes “are not permitted by state law.”

Mr. Becerra called the boxes “fake,” adding that it was “illegal to tamper with a citizen’s vote.” He warned that anyone “engaging in this activity” could be subject to criminal prosecution or civil action.

Hector Barajas, a spokesman for the California Republican Party, said the party would continue to distribute the boxes, without adding any label identifying them explicitly as Republican ballot drops.

Mr. Barajas — who disclosed that Republicans were responsible for the boxes only after being bombarded by questions by reporters on Monday — said the party’s actions were legal because state law did not restrict “ballot harvesting,” a practice that allows businesses or other organizations to collect batches of completed ballots.

Read the complete article here.

SCOTUS takes up Arizona voting rights law that will be heard after the election

From today’s CNN Online:

The Supreme Court said Friday it will review two provisions of an Arizona voting rights law that a federal appeals court said could have a discriminatory impact for American Indian, Hispanic and African Americans in violation of the Voting Rights Act.

One provision concerns an “out of precinct policy” that does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct. Another concerns the “ballot collection law” which permits only certain persons — family and household members, caregivers, mail carriers and elections officials — to handle another person’s completed ballot.

The dispute will not be resolved before the election because the argument calendar is already full through December.In January, the 9th Circuit Court of Appeals held that the state’s policy of “wholly discarding” rather than counting or partially counting out of precinct ballots and the criminalization of the collection of another person’s ballot has a “discriminatory impact on American Indian, Hispanic and African American voters in the state in violation of the Voting Rights Act.”

The court also held that the ballot collection provision was enacted with discriminatory intent. The court agreed to put its decision on hold pending appeal. Mark Brnovich, Arizona’s attorney general, called the provisions “commonplace election administration provisions” used by Arizona and “dozens of states.” Over the dissent of four judges, the majority invalidated two commonplace election administration provisions used by Arizona and dozens of other states to prevent multiple voting, protect against voter intimidation, preserve the secrecy of the ballot, and safeguard election integrity.

But Marc Elias, a lawyer for the Democratic National Committee, argued that Supreme Court precedents and the law compelled the lower court to conclude that Arizona’s wholesale rejection of ballots cast out of precinct and its criminalization of ballot collection violated Voting Rights Act.

Read the complete article here.

TX governor orders only one mail ballot drop-off location allowed per county

From today’s The Hill Online:

Texas Gov. Greg Abbott (R) issued a new proclamation allowing only one mail ballot drop-off location per county.

Starting Friday, mail ballots submitted in person by eligible vote-by-mail voters must be returned to a publicly designated county voting clerk’s office, a local NBC affiliate KXAN reported.

The proclamation allows early voters only one ballot drop-off location per county, and other drop-off satellite locations will be closed.

Abbott’s proclamation will also require early voting clerks to let poll watchers monitor the locations and “observe any activity conducted at the early voting clerk’s office location related to the in-person delivery of a marked mail ballot.”

“As we work to preserve Texans’ ability to vote during the COVID-19 pandemic, we must take extra care to strengthen ballot security protocols throughout the state,” Abbott said. “These enhanced security protocols will ensure greater transparency and will help stop attempts at illegal voting.”

In Texas, mail-in voters who drop off their ballots must show a photo ID, sign a roster and deposit a sealed envelope into their designated county ballot box, the Statesman reported.

Texas Democratic Party Chair Gilberto Hinojosa blasted the move in a statement, saying, “Governor Abbott and Texas Republicans are scared.”

“Republicans are on the verge of losing, so Governor Abbott is trying to adjust the rules last minute,” Hinojosa added, saying, “Courts all over the country … have held that it is too late to change election rules.”

Read the complete article here.