‘I don’t know how you can live with yourself’: Joe Manchin slams Sens. Hawley and Cruz, who continued with election challenges after the Capitol riots

Hawley Cruz
GOP Sens. Josh Hawley of Missouri, left, and Ted Cruz of Texas, right, speak after Republicans objected to certifying the Electoral College votes from Arizona during a joint session of Congress on January 6, 2020.

  • In an interview with Politico, Democratic Sen. Joe Manchin of West Virginia gave a pointed rebuke of GOP Sens. Josh Hawley of Missouri and Ted Cruz of Texas in the aftermath of the US Capitol riots on Jan. 6.
  • “There’s no way they cannot be complicit in this,” he said. “That they think they can walk away and say, ‘I just exercised my right as a senator?’ Especially after we came back here and after they saw what happened.”
  • Sens. Hawley and Cruz, who have long been seen as likely 2024 GOP presidential candidates, have faced a flurry of calls to resign since the riots.
  • Visit Business Insider’s homepage for more stories.

In an interview with Politico, Democratic Sen. Joe Manchin of West Virginia gave a pointed rebuke of GOP Sens. Josh Hawley of Missouri and Ted Cruz of Texas in the aftermath of the US Capitol riots on Jan. 6.

Manchin, a moderate, said that Hawley and Cruz backing President Donald Trump’s election grievances alleging voter fraud and leading the Senate GOP electoral challenge of President-elect Joe Biden’s victory will have serious consequences.

“There’s no way they cannot be complicit in this,” he said. “That they think they can walk away and say, ‘I just exercised my right as a senator?’ Especially after we came back here and after they saw what happened.”

He added: “I don’t know how you can live with yourself right now knowing that people lost their lives.”

Manchin, while in a secure area with other lawmakers during the siege in which five people died, said that he spoke with Hawley, Cruz, and Sens. James Lankford of Oklahoma and Steve Daines of Montana to convince them to drop their electoral objections.

Lankford and Daines chose not to go through with contesting Biden’s 306-232 Electoral College win over Trump, “when they saw the danger of what happened,” according to Manchin.

Read more: Secret Service experts are speculating in group chats about how Trump might be hauled out of the White House if he won’t budge on Inauguration Day

Once the building was cleared of rioters, Hawley and Cruz still went through with their objections to the Arizona and Pennsylvania vote counts, which both failed.

Biden’s victory was certified early in the morning on January 7.

Sens. Hawley and Cruz, who have long been seen as likely 2024 GOP presidential candidates, have faced a flurry of calls to step down. Several of their Democratic colleagues in the upper chamber, including Sens. Sherrod Brown of Ohio, Ron Wyden or Oregon, Chris Coons of Delaware, and Patty Murray of Washington, have all called for both Hawley and Cruz to resign.

Republican colleagues and possible 2024 contenders including Sens. Tom Cotton of Arkansas and Ben Sasse of Nebraska declined to join in the election challenges.

Former GOP Sen. John Danforth, who represented Missouri in the Senate from 1976 to 1995 and was one of Hawley’s biggest champions in his 2018 Senate campaign, recently lamented his support as “the worst mistake I ever made in my life.”

Both Hawley and Cruz have refused to step down from their seats, but with the fallout from the riots still in the minds of every lawmaker on Capitol Hill, their effectiveness in the Senate will likely be an open question going forward.

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Trump and Republican officials have won zero out of at least 42 lawsuits they’ve filed since Election Day

donald trump debate
President Donald Trump.

  • President Donald Trump’s campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election.
  • The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin.
  • They’ve notched zero victories, 38 cases where they’ve withdrawn or lost, and have four cases pending.
  • Scroll down for a list of lawsuits the Trump campaign and Republicans have filed and where they stand.
  • Visit Business Insider’s homepage for more stories.

Faced with the prospect of losing to a man he spent months hammering as corrupt, doddering, and mentally deficient, President Donald Trump is going on offense, spreading lies and conspiracy theories about a “rigged” election marred by “major fraud” from Democrats.

He’s alternated between demanding that some states stop counting ballots, which he doesn’t have the power to do, and saying that others should keep counting, which they were doing anyway.

To that end, the Trump campaign, Republican allies, and Trump himself have mounted at least 42 legal challenges since Election Day.

They’ve won zero.

The lawsuits argue that states and counties have violated election laws, playing into Trump’s political strategy to discredit the results of the 2020 election that President-elect Joe Biden won.

Republicans have filed the lawsuits in local, state, and federal courts in Arizona, Georgia, Michigan, Nevada, and Pennsylvania – all states that Biden won. They have also filed direct appeals to the Supreme Court, all of which have also failed.

The Trump campaign initially had a single win, when a Pennsylvania judge ruled on November 12 that first-time voters were supposed to confirm their IDs with county boards of election by November 9, rather than November 12. The decision opened the door to disqualify the ballots of people who didn’t verify their IDs in time. But the state Supreme Court later overturned that decision.

That leaves Trump and other Republicans with at least 38 cases they have withdrawn or lost, and four that are still pending.

rudy giuliani
Attorney for the President, Rudy Giuliani, speaks about election lawsuits at a news conference in the parking lot of a landscaping company on November 7, 2020 in Philadelphia.

Here’s a list of the lawsuits and where they stand

Direct appeals to the Supreme Court – 2 losses, one pending

  • Several Republican politicians, led by Rep. Mike Kelly, asked the US Supreme Court to block the certification of Pennsylvania’s election results. The court turned down the case.
  • Texas Attorney General Ken Paxton sued Pennsylvania, Georgia, Michigan, and Wisconsin in the US Supreme Court seeking to overturn their election results. The Supreme Court rejected the case.
  • The Trump campaign asked the US Supreme Court to overturn three decisions from the Pennsylvania Supreme Court over various technical rules regarding absentee and mail-in ballots. The court hasn’t yet decided whether to hear the case.

Pennsylvania – 13 losses

  • The Trump campaign and the Republican National Committee filed a lawsuit asking a state appeals court to reject the Pennsylvania secretary of state’s announcement that registered voters had until November 12 to provide proof of identity for mail-in ballots. Republicans believe the deadline should be November 9. This is the one case that Trump won, before the state Supreme Court overturned the lower court decision.
  • In a wide-ranging federal lawsuit, the Trump campaign sued over alleged irregularities in the way ballots were counted throughout the state. They’ve argued that 14,000 votes should be thrown out. The campaign submitted a revised version of the lawsuit days later that retracted many of its original allegations. A judge threw out the case, saying Trump’s lawyers presented the court “with strained legal arguments without merit and speculative accusations, unpaid in the operative complaint and unsupported by evidence.” An appeal of the case also failed.
  • Another federal lawsuit brought by Republicans sought to delay the deadline for ballot requests. The judge rejected it.
  • A third federal lawsuit sought to stop the Montgomery County Board of Elections from allowing voters to “cure” their ballots – a process that allows people to fix clerical errors on their ballots to make sure their votes count. Republicans abandoned the lawsuit and withdrew from the case.
  • The campaign sued in yet another federal case to stop Philadelphia County from counting votes without Republicans present. The judge dismissed the case after Trump’s lawyers said Republican election watchers were, in fact, present.
  • In another Montgomery County case, this one filed in a local court, Trump’s lawyers sought to stop the county from counting mail-in ballots. The lawsuit is still pending, but the lawyers withdrew from the case.
  • A lawsuit in Bucks County filed by Republican congressional candidate Kathy Barnette on Election Day made a technical challenge on the county’s method of organizing ballots before counting them. She withdrew the case two days later and lost the election.
  • The Trump campaign appealed that Bucks County case soon afterward, but a judge rejected it and pointed out in his ruling that fraud wasn’t an issue. 
  • In a state court, Republicans challenged an instruction from the Secretary of State’s office regarding provisional ballots. A state appellate court judge dismissed the request but ordered the secretary of state to segregate provisional ballots in case their validity becomes contested.
  • Local Republicans sought to stop Northampton County from revealing the identities of people whose ballots were canceled and lost the case.
  • A group of Pennsylvania Republicans lost at the state Supreme Court with a lawsuit trying to invalidate absentee voting after the voting period already ended, and trying to block the certification of election results.
  • Another group of Republicans filed a similar lawsuit and lost.
  • The Trump campaign filed a motion to intervene in a Supreme Court case brought by Republicans that centers on the deadline by which Pennsylvania officials are allowed to receive ballots. Pennsylvania’s Supreme Court ruled that officials could receive ballots until November 6 as long as they are postmarked by Election Day. Republicans appealed the decision to the high court, which was deadlocked at 4-4 because Justice Amy Coney Barrett did not participate, leaving the lower court’s ruling in place. The Supreme Court signaled it could hear the case again but has not yet granted the request to intervene.

Nevada – 4 losses

  • The Trump campaign filed a lawsuit requesting that ballots stop being counted in the state over concerns about signature-matching technology and election observers’ claims that they weren’t being allowed to watch ballots being processed closely enough. The Nevada Supreme Court denied the request.
  • The Trump campaign and the RNC filed a lawsuit in state court asking to stop ballot counting in Clark County – a heavily Democratic area – until GOP officials could observe the process. A district judge rejected the request on the grounds that the plaintiffs did not have evidence to back up their allegations. Republicans appealed the case to the Nevada Supreme Court, which said on November 5 that the campaign and Republican officials had reached a settlement that allowed expanded ballot observation. They later withdrew the case.
  • A group of Republicans dropped a lawsuit in Clark County challenging mail-in ballots, including those sent by members of the military.
  • The Trump campaign filed a different lawsuit in Carson City District Court alleging multiple irregularities that the campaign claimed, without providing specific evidence, would be enough to overturn the election results in Nevada and flip the state to Trump. It failed.

Georgia – 4 losses, one pending

Michigan – 5 losses

Arizona – 4 losses

  • The Trump campaign joined a lawsuit brought by two Republicans in Maricopa County claiming that a substantial number of GOP ballots were invalidated because voters used Sharpies to fill in their choices. There is no evidence that using Sharpies leads to issues with scanning ballots, and, in fact, officials have said using Sharpies is preferred. The Post also reported that the Maricopa County attorney’s office said no ballots were rejected and that if they are, voters have an opportunity to cast another one. A Republican-aligned group abandoned the legal fight after Maricopa County officials challenged the factual basis for the lawsuit, and the Trump campaign lost the fight soon afterward.
  • The Trump campaign filed a lawsuit in state court alleging that Maricopa County was improperly rejecting ballots cast by some voters. The lawsuit was dismissed after an audit found no problems with the votes.
  • Arizona’s Supreme Court unanimously rejected a case from the state GOP chair Kelli Ward, saying the facts she presented were incorrect and that she “fails to present any evidence of misconduct.”
  • Powell filed a lawsuit seeking to overturn election results as well, based on a conspiracy theory about voting machines used in the state. A judge dismissed the case.

Wisconsin – 6 losses, one pending

New Mexico – one pending

  • The Trump campaign sued the state over what it claims was the illegal use of ballot drop boxes after the state had already certified its results and sent them to the Electoral College.

Key cases and Supreme Court rulings before Election Day

Pennsylvania

In Pennsylvania, the state Supreme Court ruled that election officials could receive mail-in ballots until November 6 as long as they are postmarked by Election Day. Republicans requested an immediate stay from the US Supreme Court that would have blocked the state Supreme Court’s ruling.

But the US Supreme Court was deadlocked at 4-4, leaving the lower court’s ruling in place. Justices Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Samuel Alito voted to grant Republicans’ request, while Chief Justice John Roberts, and Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented.

Justice Amy Coney Barrett declined to participate in the case “because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings,” the court said in a statement. However, Barrett has not recused herself, meaning she could cast a decisive fifth vote when the Supreme Court takes up the case again.

North Carolina

In a similar case brought by Republicans in North Carolina, the Supreme Court ruled that ballots received up to nine days after November 3 could be counted as long as they are postmarked by Election Day.

The decision came after the Trump campaign and Republicans asked in two separate cases for the high court to put back in place a June statute from the state’s Republican-controlled Legislature that would have allowed ballots to be counted only if they were received up to three days – not nine – after Election Day.

Five justices – Roberts, Kavanaugh, Breyer, Kagan, and Sotomayor – ruled against reinstating the statute. Gorsuch, Alito, and Thomas dissented, while Barrett did not participate in the North Carolina case.

Wisconsin

Republicans notched a victory in a case involving the deadline to receive ballots in Wisconsin. The US Supreme Court ruled against reviving an appeals court decision that would have allowed election officials to receive absentee ballots up to six days after Election Day.

The court’s five conservative justices – Roberts, Gorsuch, Kavanaugh, Thomas, and Alito – ruled against reviving the lower court’s ruling, while the three liberals – Breyer, Kagan, and Sotomayor – dissented.

The Wisconsin case made headlines because of Kavanaugh’s and Kagan’s dueling opinions.

Kavanaugh, a Trump-appointed justice who was confirmed to the high court in 2018, wrote in a concurring opinion that all ballots should be received by Election Day.

“Those States want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election,” he wrote. “And those States also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter.”

Kagan fired back in a sharp dissent, taking issue with Kavanaugh’s assertion that the arrival of absentee ballots after Election Day could “flip” the results of the race.

“Justice Kavanaugh alleges that ‘suspicions of impropriety’ will result if ‘absentee ballots flow in after election day and potentially flip the results of an election,'” she wrote. “But there are no results to ‘flip’ until all valid votes are counted. And nothing could be more ‘suspicio[us]’ or ‘improp[er]’ than refusing to tally votes once the clock strikes 12 on election night. To suggest otherwise, especially in these fractious times, is to disserve the electoral process.”

Texas

A federal court in Texas and the state’s Supreme Court denied two Republican requests to throw out nearly 130,000 ballots that were cast via drive-thru polling sites in Harris County, one of Texas’ most heavily Democratic areas.

The Texas Supreme Court rejected a request from Republican candidates and activists to toss the ballots. US District Judge Andrew Hanen, appointed by President George W. Bush, reached the same conclusion and denied the second request from GOP candidates and a right-wing radio host.

Hanen ruled that the plaintiffs did not have the standing to sue and ask that ballots that were legally cast be discounted. However, he ordered the county to set aside the 127,000 ballots in case an appeals court disagreed with him and ultimately threw those votes out.

This article has been updated.

Read the original article on Business Insider

A Pennsylvania Republican pretended to be his dead mom to vote for Trump. The Trump campaign blasted it as a case of voter fraud.

donald trump going like what are you fr
President Donald Trump talks to reporters in the Oval Office.

  • Pennsylvania resident Bruce Bartman has been charged with voter fraud for allegedly pretending to be his dead mother to cast an extra vote for President Donald Trump.
  • The Trump campaign flagged his mother’s name in an email blast to supporters more than a month ago.
  • President-elect Joe Biden ultimately won Pennsylvania by more than 80,000 votes.
  • Visit Business Insider’s homepage for more stories.

On November 11, the Trump campaign sent an email blast to its supporters, claiming to have discovered three instances of voter fraud.

The campaign said that the identities of three dead people had been used to cast illegal votes in Pennsylvania. John Granahan, Judy Presto, and Elizabeth Bartman have been dead for years, and they had the obituaries to prove it.

They turned out to be right in one case. An illegal vote was cast in Elizabeth Bartman’s name. Prosecutors say her son, Bruce Bartman, impersonated her to cast an additional ballot by mail. Bruce Bartman’s lawyer told Insider he plans to plead guilty.

“Elizabeth Bartman of Drexel Hill, Pennsylvania is shown as having registered to vote in September 2020 and cast a ballot in last week’s election, even though she died in 2008. The Philadelphia Inquirer ran an obituary after Bartman’s passing,” the Trump campaign correctly noted.

The Trump campaign didn’t include one important detail, though: Bartman cast the illegal ballot in his dead mom’s name to vote for President Donald Trump.

“He was angry at people criticizing the president and complaining about the election process, and he wanted to do what he considered civil disobedience by registering his mother and voting her,” the attorney, Samuel Stretton, previously told Insider. “Of course, he was wildly mistaken.”

Insider has not independently verified whether votes were actually cast in the names of Granahan and Presto, the other two deceased individuals named by the Trump campaign. No other independent reports or state agencies have corroborated that votes were cast in their names, either. President-elect Joe Biden ultimately won Pennsylvania by 82,000 votes, so the three votes the Trump campaign claims were illegal would not have swayed the election result.

The Trump campaign has frequently made false claims about dead people who ostensibly voted. In November, it released a list of such names from Georgia voter rolls, but subsequent reporting found that those people were very much alive.

Stretton told Insider that Bartman’s vote in his mother’s name was discovered by the New York Times, who had asked county officials about the names on the Trump campaign’s list. A spokesperson for the Times told Insider that it did not ultimately publish details about Bartman at the time because it could not verify the Trump campaign’s claims.

“Times reporters asked election officials about the case, after the name was circulated by the Trump campaign,” Times spokesperson Danielle Rhoades Ha told Insider. “We did not include details about Bruce Bartman in our coverage because the Delaware County election officials did not respond.”

Delaware County prosecutors said that Bartman’s was the only voter fraud case that checked out after looking into hundreds of tips.

Representatives for Lehigh County and Allegheny County, where Granahan and Presto lived respectively, did not immediately respond to Insider’s request for comment.

Voter fraud is extremely rare in the United States. A database maintained by the right-wing Heritage Foundation found that fewer than 200 cases were convicted between 2000 and 2020, a time period in which hundreds of millions of votes have been cast.

Read the original article on Business Insider

Trump and Republican officials have won zero out of at least 40 lawsuits they’ve filed since Election Day

donald trump debate
President Donald Trump.

  • President Donald Trump’s campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election.
  • The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin.
  • They’ve notched zero victories, 36 cases where they’ve withdrawn or lost, and have four cases pending.
  • Scroll down for a list of lawsuits the Trump campaign and Republicans have filed and where they stand.
  • Visit Business Insider’s homepage for more stories.

Faced with the prospect of losing to a man he spent months hammering as corrupt, doddering, and mentally deficient, President Donald Trump is going on offense, spreading lies and conspiracy theories about a “rigged” election marred by “major fraud” from Democrats.

He’s alternated between demanding that some states stop counting ballots, which he doesn’t have the power to do, and saying that others should keep counting, which they were doing anyway.

To that end, the Trump campaign, Republican allies, and Trump himself have mounted at least 40 legal challenges since Election Day.

They’ve won zero.

The lawsuits argue that states and counties have violated election laws, playing into Trump’s political strategy to discredit the results of the 2020 election that President-elect Joe Biden won.

Republicans have filed the lawsuits in local, state, and federal courts in Arizona, Georgia, Michigan, Nevada, and Pennsylvania – all states that Biden won. They have also filed direct appeals to the Supreme Court, all of which have also failed.

The Trump campaign initially had a single win, when a Pennsylvania judge ruled on November 12 that first-time voters were supposed to confirm their IDs with county boards of election by November 9, rather than November 12. The decision opened the door to disqualify the ballots of people who didn’t verify their IDs in time. But the state Supreme Court later overturned that decision.

That leaves Trump and other Republicans with at least 36 cases they have withdrawn or lost, and four that are still pending.

rudy giuliani
Attorney for the President, Rudy Giuliani, speaks about election lawsuits at a news conference in the parking lot of a landscaping company on November 7, 2020 in Philadelphia.

Here’s a list of the lawsuits and where they stand

Direct appeals to the Supreme Court – two losses, one pending

  • Several Republican politicians, led by Rep. Mike Kelly, asked the US Supreme Court to block the certification of Pennsylvania’s election results. The court turned down the case.
  • Texas Attorney General Ken Paxton sued Pennsylvania, Georgia, Michigan, and Wisconsin in the US Supreme Court seeking to overturn their election results. The Supreme Court rejected the case.
  • The Trump campaign asked the US Supreme Court to overturn three decisions from the Pennsylvania Supreme Court over various technical rules regarding absentee and mail-in ballots. The court hasn’t yet decided whether to hear the case.

Pennsylvania – 13 losses

  • The Trump campaign and the Republican National Committee filed a lawsuit asking a state appeals court to reject the Pennsylvania secretary of state’s announcement that registered voters had until November 12 to provide proof of identity for mail-in ballots. Republicans believe the deadline should be November 9. This is the one case that Trump won, before the state Supreme Court overturned the lower court decision.
  • In a wide-ranging federal lawsuit, the Trump campaign sued over alleged irregularities in the way ballots were counted throughout the state. They’ve argued that 14,000 votes should be thrown out. The campaign submitted a revised version of the lawsuit days later that retracted many of its original allegations. A judge threw out the case, saying Trump’s lawyers presented the court “with strained legal arguments without merit and speculative accusations, unpaid in the operative complaint and unsupported by evidence.” An appeal of the case also failed.
  • Another federal lawsuit brought by Republicans sought to delay the deadline for ballot requests. The judge rejected it.
  • A third federal lawsuit sought to stop the Montgomery County Board of Elections from allowing voters to “cure” their ballots – a process that allows people to fix clerical errors on their ballots to make sure their votes count. Republicans abandoned the lawsuit and withdrew from the case.
  • The campaign sued in yet another federal case to stop Philadelphia County from counting votes without Republicans present. The judge dismissed the case after Trump’s lawyers said Republican election watchers were, in fact, present.
  • In another Montgomery County case, this one filed in a local court, Trump’s lawyers sought to stop the county from counting mail-in ballots. The lawsuit is still pending, but the lawyers withdrew from the case.
  • A lawsuit in Bucks County filed by Republican congressional candidate Kathy Barnette on Election Day made a technical challenge on the county’s method of organizing ballots before counting them. She withdrew the case two days later and lost the election.
  • The Trump campaign appealed that Bucks County case soon afterward, but a judge rejected it and pointed out in his ruling that fraud wasn’t an issue. 
  • In a state court, Republicans challenged an instruction from the Secretary of State’s office regarding provisional ballots. A state appellate court judge dismissed the request but ordered the secretary of state to segregate provisional ballots in case their validity becomes contested.
  • Local Republicans sought to stop Northampton County from revealing the identities of people whose ballots were canceled and lost the case.
  • A group of Pennsylvania Republicans lost at the state Supreme Court with a lawsuit trying to invalidate absentee voting after the voting period already ended, and trying to block the certification of election results.
  • Another group of Republicans filed a similar lawsuit and lost.
  • The Trump campaign filed a motion to intervene in a Supreme Court case brought by Republicans that centers on the deadline by which Pennsylvania officials are allowed to receive ballots. Pennsylvania’s Supreme Court ruled that officials could receive ballots until November 6 as long as they are postmarked by Election Day. Republicans appealed the decision to the high court, which was deadlocked at 4-4 because Justice Amy Coney Barrett did not participate, leaving the lower court’s ruling in place. The Supreme Court signaled it could hear the case again but has not yet granted the request to intervene.

Nevada – 4 losses

  • The Trump campaign filed a lawsuit requesting that ballots stop being counted in the state over concerns about signature-matching technology and election observers’ claims that they weren’t being allowed to watch ballots being processed closely enough. The Nevada Supreme Court denied the request.
  • The Trump campaign and the RNC filed a lawsuit in state court asking to stop ballot counting in Clark County – a heavily Democratic area – until GOP officials could observe the process. A district judge rejected the request on the grounds that the plaintiffs did not have evidence to back up their allegations. Republicans appealed the case to the Nevada Supreme Court, which said on November 5 that the campaign and Republican officials had reached a settlement that allowed expanded ballot observation. They later withdrew the case.
  • A group of Republicans dropped a lawsuit in Clark County challenging mail-in ballots, including those sent by members of the military.
  • The Trump campaign filed a different lawsuit in Carson City District Court alleging multiple irregularities that the campaign claimed, without providing specific evidence, would be enough to overturn the election results in Nevada and flip the state to Trump. It failed.

Georgia – 4 losses

  • A judge in Chatham County denied the Trump campaign’s request to toss out 53 ballots that a GOP poll watcher said arrived after polls closed at 7 p.m. on November 3. The Washington Post reported that the poll watcher presented no evidence in court that the ballots came in late and that county officials testified that they were received in time.
  • Republican elector Lin Wood, whose attorney also represents the Trump campaign, sued to stop vote certification because. He argued that because the Georgia Secretary of State agreed to allow signature matching on ballots – a measure designed to prevent voter fraud – eight months before the election, his rights as an individual voter had been infringed upon. A state judge dismissed the case, saying the arguments have “no basis in fact and law.”
  • Wood filed another lawsuit in federal court and lost that one as well.
  • Sidney Powell, who was kicked off of Trump’s legal team after spreading numerous conspiracy theories about election fraud, filed a federal lawsuit in Georgia alleging widespread election fraud. A federal judge quickly dismissed the case, calling it “extraordinary” that the lawsuit sought to disqualify the votes of millions of voters.

Michigan – 5 losses

Arizona – 4 losses

  • The Trump campaign joined a lawsuit brought by two Republicans in Maricopa County claiming that a substantial number of GOP ballots were invalidated because voters used Sharpies to fill in their choices. There is no evidence that using Sharpies leads to issues with scanning ballots, and, in fact, officials have said using Sharpies is preferred. The Post also reported that the Maricopa County attorney’s office said no ballots were rejected and that if they are, voters have an opportunity to cast another one. A Republican-aligned group abandoned the legal fight after Maricopa County officials challenged the factual basis for the lawsuit, and the Trump campaign lost the fight soon afterward.
  • The Trump campaign filed a lawsuit in state court alleging that Maricopa County was improperly rejecting ballots cast by some voters. The lawsuit was dismissed after an audit found no problems with the votes.
  • Arizona’s Supreme Court unanimously rejected a case from the state GOP chair Kelli Ward, saying the facts she presented were incorrect and that she “fails to present any evidence of misconduct.”
  • Powell filed a lawsuit seeking to overturn election results as well, based on a conspiracy theory about voting machines used in the state. A judge dismissed the case.

Wisconsin – 4 losses, 2 pending

New Mexico – one pending

  • The campaign sued the state over what it claims was the illegal use of ballot drop boxes after the state had already certified its results and sent them to the Electoral College.

Key cases and Supreme Court rulings before Election Day

Pennsylvania

In Pennsylvania, the state Supreme Court ruled that election officials could receive mail-in ballots until November 6 as long as they are postmarked by Election Day. Republicans requested an immediate stay from the US Supreme Court that would have blocked the state Supreme Court’s ruling.

But the US Supreme Court was deadlocked at 4-4, leaving the lower court’s ruling in place. Justices Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Samuel Alito voted to grant Republicans’ request, while Chief Justice John Roberts, and Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented.

Justice Amy Coney Barrett declined to participate in the case “because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings,” the court said in a statement. However, Barrett has not recused herself, meaning she could cast a decisive fifth vote when the Supreme Court takes up the case again.

North Carolina

In a similar case brought by Republicans in North Carolina, the Supreme Court ruled that ballots received up to nine days after November 3 could be counted as long as they are postmarked by Election Day.

The decision came after the Trump campaign and Republicans asked in two separate cases for the high court to put back in place a June statute from the state’s Republican-controlled Legislature that would have allowed ballots to be counted only if they were received up to three days – not nine – after Election Day.

Five justices – Roberts, Kavanaugh, Breyer, Kagan, and Sotomayor – ruled against reinstating the statute. Gorsuch, Alito, and Thomas dissented, while Barrett did not participate in the North Carolina case.

Wisconsin

Republicans notched a victory in a case involving the deadline to receive ballots in Wisconsin. The US Supreme Court ruled against reviving an appeals court decision that would have allowed election officials to receive absentee ballots up to six days after Election Day.

The court’s five conservative justices – Roberts, Gorsuch, Kavanaugh, Thomas, and Alito – ruled against reviving the lower court’s ruling, while the three liberals – Breyer, Kagan, and Sotomayor – dissented.

The Wisconsin case made headlines because of Kavanaugh’s and Kagan’s dueling opinions.

Kavanaugh, a Trump-appointed justice who was confirmed to the high court in 2018, wrote in a concurring opinion that all ballots should be received by Election Day.

“Those States want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election,” he wrote. “And those States also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter.”

Kagan fired back in a sharp dissent, taking issue with Kavanaugh’s assertion that the arrival of absentee ballots after Election Day could “flip” the results of the race.

“Justice Kavanaugh alleges that ‘suspicions of impropriety’ will result if ‘absentee ballots flow in after election day and potentially flip the results of an election,'” she wrote. “But there are no results to ‘flip’ until all valid votes are counted. And nothing could be more ‘suspicio[us]’ or ‘improp[er]’ than refusing to tally votes once the clock strikes 12 on election night. To suggest otherwise, especially in these fractious times, is to disserve the electoral process.”

Texas

A federal court in Texas and the state’s Supreme Court denied two Republican requests to throw out nearly 130,000 ballots that were cast via drive-thru polling sites in Harris County, one of Texas’ most heavily Democratic areas.

The Texas Supreme Court rejected a request from Republican candidates and activists to toss the ballots. US District Judge Andrew Hanen, appointed by President George W. Bush, reached the same conclusion and denied the second request from GOP candidates and a right-wing radio host.

Hanen ruled that the plaintiffs did not have the standing to sue and ask that ballots that were legally cast be discounted. However, he ordered the county to set aside the 127,000 ballots in case an appeals court disagreed with him and ultimately threw those votes out.

This article has been updated.

Read the original article on Business Insider

Trump campaign launches yet another lawsuit over Pennsylvania election

GettyImages 1284083336
People participate in a protest in support of counting all votes on November 5, 2020 in Philadelphia, Pennsylvania.

  • The Trump campaign is asking the US Supreme Court to overrule Pennsylvania judges and throw out tens of thousands of mail-in ballots.
  • President-elect Joe Biden won Pennsylvania by more than 80,000 votes.
  • The outgoing president’s legal team has repeatedly lost in court, having failed to prove Trump’s decisive loss was the product of fraud.
  • Visit Business Insider’s homepage for more stories.

Donald Trump lost Pennsylvania by more than 80,000 votes, but in a last-ditch effort to steal victory from the jaws of defeat, the outgoing president’s legal team is asking the US Supreme Court to throw out over 110,000 mail-in ballots.

Prior to the November election, Pennsylvania’s highest court issued a unanimous decision that mail-in votes should not be rejected solely because a signature on the ballot looked different than the one on file. That and other rulings are at the heart of the Trump legal team’s most recent litigation, The Philadelphia Inquirer reported.

Under the US Constitution, states administer federal elections. But the Trump campaign, in a petition filed Sunday, asks the US Supreme Court to overrule their counterparts in Pennsylvania and declare tens of thousands of votes “invalid,” despite the fact that voters cast them according to the established rules at the time.

“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump’s personal attorney Rudy Giuliani said in a statement, according to the Associated Press.

The Trump campaign and its allies have not fared well in the courts, however. Earlier this month, the US Supreme Court rejected an effort by Texas and other states to throw out votes in Pennsylvania and other battlegrounds that went for President-elect Joe Biden.

As the Inquirer noted, this latest round of litigation is being led by John C. Eastman, a law professor who previously leveled racially tinged “birther” claims against Vice President-elect Kamala Harris, baselessly suggesting that the daughter of immigrants was not eligible for US citizenship.

Democrats do not appear concerned, courts have previously refused to throw out citizens’ votes. On Twitter, Pennsylvania Lt. Governor John Fetterman responded to the lawsuit with a series of mocking images, including one depicting the “Trump Campaign” versus “Math.”

Pennsylvania’s 20 electors cast their votes for President-elect Biden last Monday, formally recognizing his victory in the Electoral College.

Have a news tip? Email this reporter: cdavis@insider.com

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The US Supreme Court rejects GOP bid to overturn the 2020 election

Trump rose garden sad
President Donald Trump arrives to speak at an event on “protecting seniors with diabetes” in the Rose Garden White House, Tuesday, May 26, 2020, in Washington.

  • The US Supreme Court has rejected a bid by Texas and other Republican-led states to overturn the 2020 election.
  • In an opinion issued Friday, the court said Texas lacked standing and had not demonstrated a right to interfere in how other states administer their elections.
  • The effort to throw out the vote in Pennsylvania, Michigan, Wisconsin, and Georgia was supported by a majority of Republicans in the House of Representatives.
  • Visit Business Insider’s homepage for more stories.

The nation’s highest court has rejected an effort by US President Donald Trump and other Republicans to overturn the 2020 election.

In a brief order issued Friday, the US Supreme Court said a lawsuit brought by Texas Attorney General Ken Paxton was denied a hearing due to a lack of standing.

Paxton and other Republican attorneys general, as well as a majority of those elected to the House of Representatives, had argued the popular vote in Pennsylvania, Wisconsin, Michigan, and Georgia should be disregarded over unsubstantiated allegations of fraud and that GOP-led state legislatures should be allowed to select pro-Trump electors instead.

That demand – an unprecedented request for judges to intervene and overrule a democratic outcome – had prompted some dissent among some, but certainly not all, conservatives.

“That doesn’t sound like a very Republican argument to me,” Sen. Lamar Alexander of Tennessee said in an interview airing Sunday on NBC’s “Meet the Press,” citing federalism and the right of states to administer their own elections.

That argument was echoed by the Supreme Court. “Texas has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections,” the justices wrote.

Democrats, meanwhile, continue to sound the alarm. Speaking to The Washington Post, Sen. Chris Murphy of Connecticut warned that, while unlikely to be successful this time around, the legitimization of efforts to subvert democracy bodes ill for the future.

“If this becomes at all normalized more broadly than it already is, they will steal an election two years from now or four years from now,” Murphy said.

Have a news tip? Email this reporter: cdavis@insider.com

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