Battleground states urge SCOTUS to reject Texas bid to overturn Biden’s wins

From today’s CNBC News Online:

The battleground states whose presidential election results are being challenged by Texas at the Supreme Court urged the justices on Thursday not to take up the case.

The four states targeted in the lawsuit warned in uncharacteristically sharp briefs that granting Texas’ unprecedented request would “do violence to the Constitution” and “disenfranchise millions” of voters. Those states — Pennsylvania, Michigan, Wisconsin and Georgia — have all certified their election results, with Democrat Joe Biden defeating President Donald Trump.

Nearly simultaneously, Washington, D.C., Attorney General Karl Racine filed a brief at the court on behalf of the District of Columbia and 22 states and territories defending the four states targeted by Texas. That friend-of-the-court brief was joined by California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.

The flurry of major briefs related to the case — including Trump’s own request to intervene — demonstrated the dramatic and lingering polarization of the U.S. just weeks after one of the most contentious elections in memory.

Pennsylvania in its brief called Texas Attorney General Ken Paxton’s long-shot bid to overturn other states’ elections “legally indefensible” and “an affront to principles of constitutional democracy. Texas seeks to invalidate elections in four states for yielding results with which it disagrees,” Pennsylvania’s scathing brief read.

Dana Nessel, the attorney general of Michigan, told the court in her state’s brief to reject Texas’ case outright. “To do otherwise would make this Court the arbiter of all future national elections,” Nessel wrote.

Christopher Carr, the attorney general of Georgia, told the court that Texas was seeking to “transfer Georgia’s electoral powers to the federal judiciary.” “Respect for federalism and the constitutional design prohibits that transfer of power, but this Court should never even reach that issue,” he wrote.

The replies came one day after Trump asked the high court to let him intervene in the case. The president, who is refusing to concede to Biden, has hyped Texas’ case as “the big one” — but election law experts say there’s little if any chance the court will allow it to proceed.

So far, the justices have not taken any action in the case. Despite Trump’s frequent pleas, the court has not shown an eagerness to get involved in any litigation related to the presidential election.

Read the complete article here.

Trump’s false claims laying groundwork for new voting restrictions, experts warn

From NBC News Online:

Even before the final votes in the 2020 election were tallied, President Donald Trump sent his attorneys to court alleging voter fraud.

When it became clear that he had lost to President-elect Joe Biden, his claims — and his campaign’s court filings — accelerated. Trump attacked cities with large shares of Black voters, who had come out in force for Biden, while his lawyers baselessly alleged a global conspiracy and filed dozens of suits in six states.

The legal strategy failed in court after court — not a single incident of voter fraud has been proven in the lawsuits — but experts warn the narrative is laying the groundwork for disenfranchisement of voters across the country.

“I don’t actually think that all of this leads to a different result in January, but I am really afraid about what Donald Trump is currently doing to the country for February and beyond,” said Justin Levitt, an election law expert and professor at Loyola Law School who worked at the Department of Justice during the Obama administration.

Despite the large body of evidence that American elections are secure from both hacking and widespread voter fraud, federal and state politicians are already proposing new laws that will make it harder to vote.

“We’re already seeing trial balloons of new measures to restrict access to voting, and I expect that this false narrative of voter fraud is going to be used as an excuse in many other places to try and drive an anti-voter agenda going forward,” said Wendy Weiser, vice president of the Democracy Program at the Brennan Center for Justice at the NYU School of Law.

In Georgia, a traditionally red state that Biden flipped blue this year by more than 12,000 votes, Secretary of State Brad Raffensperger, a Republican, has proposed several major election changes, including adding a voter ID requirement to mail-in voting and making it easier to challenge a voter’s stated residency.

“Close elections sow distrust,” Raffensperger said on Nov. 20, announcing that a hand recount had shifted Biden’s margin of victory in the state but had not changed the outcome. “People feel like their side was cheated.”

A second recount followed in the state, affirming the same result. Another Republican official in his office, Gabriel Sterling, later forcefully condemned the president and other Republicans’ rhetoric around a “stolen” or “rigged” election, which he said has incited harassment of election officials and death threats.

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.

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.

FBI analyzed NC political operative in May, took no action to stop fraud

From today’s Washington Post:

The FBI participated in a May surveillance operation of a GOP political operative at the center of an election fraud investigation in North Carolina, newly released court documents show, raising fresh questions about how long it has taken federal prosecutors to pursue the matter.

Federal and state investigators observed Leslie McCrae Dowless meeting with people he hired to collect ballots ahead of last year’s primary election in North Carolina’s 9th Congressional District, according to state search warrants released Wednesday.

At the time, Dowless was working on behalf of Republican candidate Mark Harris, who went on to beat GOP incumbent Robert Pittenger by 828 votes. Dowless also worked for the Harris campaign in the fall, when Harris narrowly edged out Democrat Dan McCready in the unofficial results.

State officials ordered a new election in the 9th District last month after concluding that Dowless orchestrated a “coordinated, unlawful, and substantially resourced” scheme to collect, fill out, forge and in some cases discard absentee ballots on behalf of Harris.

Separately, the Wake County district attorney’s office in Raleigh last month charged Dowless and four others on felony counts, including possession of absentee ballots and obstruction of justice.

Harris has denied knowledge of the scheme. He said last month he would not run in the special election scheduled for later this year.

Read the complete article here.