Rob Kelner: It is possible that today was the lowest point in the history of the Republican Party. So far. The Judiciary, on the other hand (Trump appointees included) is standing firm for the rule of law.— Robert Kelner (@robkelner) … Continue reading
Category Archives: Uncategorized
I’ve just published this new New York Times piece: The country is coming to a crossroad on Monday. That’s the date Michigan is to certify the results of the 2020 election. Yet President Trump has chosen a state he lost … Continue reading
CNN: A GOP Senate source told CNN that the combination of Giuliani’s news conference, as well as the President meddling in the Michigan election process, has some GOP senators reconsidering their silence. This source says most had hoped that Trump’s … Continue reading
The most recent Trump campaign legal complaint in PA argues, in part, that in Biden-leaning counties, voters were given notice and an opportunity to cure absentee ballot defects and vote a provisional ballot, while voters in Trump-leaning counties were not. … Continue reading
National Review editorial: The Rudy Giuliani–led press conference at the RNC yesterday was the most outlandish and irresponsible performance ever by a group of lawyers representing a president of the United States.If Giuliani’s charge of a “national conspiracy” to produce … Continue reading
Detroit News: In a Thursday meeting punctuated by outbursts from attendees, a wheelbarrow full of letters and repeated calls to order, two county clerks recommended a raft of election changes during the first testimony taken in a legislative inquiry into … Continue reading
AJC: Secretary of State Brad Raffensperger said “numbers don’t lie” as he plans to certify Georgia’s election results Friday that showed Joe Biden defeated President Donald Trump.Biden was ahead of Trump by over 12,000 votes in both machine counts and a manual recount of … Continue reading
Politico: Another bid by an ally of President Donald Trump to overturn the results of this month’s election was roundly rejected in court on Thursday, as a federal judge appointed by Trump turned down a bid to block the certification … Continue reading
There’s a simple mathematical confusion in this filing. The filing says: “Instantly, if discovery is granted, prior to the hearing, Plaintiffs will examine these envelopes to determine the percentage of mail ballots that were illegally counted –of which Democratic Candidate … Continue reading
The Washington Post: As Fox News host Tucker Carlson noted on Thursday night, he’s more than willing to give airtime to outlandish claims. “We literally do UFO segments,” he said. But even Carlson said he was fed up with the … Continue reading
Who knew the National Geographic wrote stories on these issues, too. … Continue reading
Here’s the filing. Also pending is the motion to dismiss. Briefing ends Saturday and certification can come as early as Monday, so I expect a ruling on Saturday or Sunday. … Continue reading
Political Wire: “President Trump’s strategy for retaining power despite losing the U.S. election is focused increasingly on persuading Republican legislators to intervene on his behalf in battleground states Democrat Joe Biden won,” Reuters reports. “Having so far faced a string of losses … Continue reading
Details: … Continue reading
Wow: That press conference was the most dangerous 1hr 45 minutes of television in American history. And possibly the craziest. If you don’t know what I’m talking about, you’re lucky.— Chris Krebs (@C_C_Krebs) November 19, 2020 … Continue reading
AP reports. … Continue reading
From this Jonathan Lai interview: Tell me about the state legislature’s role with regard to the rest of the process. There are a lot of people worried about some sort of overturning of results.The electors are selected by the winner … Continue reading
They got caught. As you’d expect. … Continue reading
Ned Foley in WaPo: If the losing party can’t accept defeat, the whole enterprise of electoral democracy is finished. Two-party competition means each party taking turns depending on what the voters want in any given election.President Trump himself will never … Continue reading
NYT: The prevailing view today is that courts should not invalidate election results because of problems unless it is shown that the problems were of such magnitude to negate the validity of which candidate prevailed,” said Edward B. Foley, director … Continue reading
Given all we heard about postal delays, that’s very good news. … Continue reading
Reuters: About half of all Republicans believe President Donald Trump “rightfully won” the U.S. election but that it was stolen from him by widespread voter fraud that favored Democratic President-elect Joe Biden, according to a new Reuters/Ipsos opinion poll.The Nov. … Continue reading
Axios: Tom Donohue — CEO of the U.S. Chamber of Commerce, and longtime confidant of Republican presidents — tells Axios that Joe Biden is president-elect, and President Trump “should not delay the transition a moment longer.”…Business leaders are speaking with one … Continue reading
Axios: President Trump’s frantic post-election challenges are having the opposite effect of what he intended: He’s documenting his demise through a series of court fights and recounts showing Joe Biden’s victory to be all the more obvious and unassailable.Why it … Continue reading
NYT reports. … Continue reading
The 2020 ABA Conference on Administrative Law started today. Lots of great panels and speakers. I’m on a panel this Thursday at 1.00 pm with the title above. Here’s the lineup — Speakers • Richard J. Pierce, Jr., Lyle T. … Continue reading
NJ: U.S. Sen. Pat Toomey on Wednesday put some distance between himself and President Donald Trump’s efforts to throw out hundreds of thousands of votes cast in Philadelphia and Pittsburgh, trying to flip a state carried by Joe Biden.Asked at the U.S. Capitol about … Continue reading
Watch here: … Continue reading
From Jonathan Rauch: Unfortunately, a more sinister interpretation better fits the facts. What Trump and his supporters are up to should be thought of not as a litigation campaign that is likely to fail, but as an information-warfare campaign that … Continue reading
In light of the post-election debates raging in the Democratic Party between moderates and progressives over how to position the party for future elections, I thought it was worth re-upping this Washington Post essay that Jonathan Rodden and I wrote … Continue reading
NYT: President Trump’s campaign said it would request a recount of votes in Wisconsin’s two largest and most Democratic counties, the latest effort to reverse the result of an election Mr. Trump lost to President-elect Joseph R. Biden Jr.The Trump … Continue reading
NYT: Mayor Mike Duggan on Wednesday accused President Trump’s allies in Michigan’s most populous county of racism after they threatened to block certification of the election over slight discrepancies in majority-Black precincts — while ignoring similar problems in heavily white … Continue reading
Watch: … Continue reading
Morning Call: The prospect of Republican-led hearings in Harrisburg this month to scrutinize the conduct of the election appears to have diminished, with key officials unavailable because of their involvement in lawsuits and the 2019-20 session scheduled to end Nov. … Continue reading
Detroit News: The Wayne County Board of Canvassers abruptly changed course Tuesday night and certified the results of the Nov. 3 election after initially deadlocking 2-2 along party lines, which could have delayed the state process for authorizing results.The deadlock … Continue reading
You can watch here: … Continue reading
AJC: Georgia election officials said Tuesday they no longer intend to make the results of the state’s manual recount the official tally in the presidential race, with a couple of exceptions.The decision leaves little chance for election results to change much after … Continue reading
Nevada Independent: President Donald Trump’s reelection campaign has filed a lawsuit contesting the results of the state’s presidential election while claiming without direct evidence that the identified irregularities will be enough to overturn Joe Biden’s victory in the state.At a … Continue reading
Detroit Free Press: The two Republican members of the Wayne County Board of Canvassers cast an unprecedented vote Tuesday against certifying the county’s November election results for the county’s 43 jurisdictions, including Detroit, Michigan’s largest voting jurisdiction.Monica Palmer, the Republican chair of … Continue reading
Via email: Head of True the Vote offers her explanation for why they dropped their 4 lawsuits yesterday seeking to challenge the result of the presidential election: pic.twitter.com/N8dctU64RU— Rick Hasen (@rickhasen) November 17, 2020 … Continue reading
WaPo: President Trump on Tuesday fired a top Department of Homeland Security official who led the agency’s efforts to help secure the election and was vocal about tamping down unfounded claims of ballot fraud.In a tweet, Trump fired Christopher Krebs, … Continue reading
Bridge MI: Conservative groups have also started phone and letter-writing campaigns in an attempt to persuade legislative Republicans to decide the election for Trump. “That’s not going to happen,” Shirkey, R-Clarklake, said in a wide-ranging interview with Bridge Michigan. He noted … Continue reading
From the majority opinion: In sum, we conclude the Board did not act contrary to law in fashioning its regulations governing the positioning of candidate representatives during the precanvassing and canvassing process, as the Election Code does not specify minimum … Continue reading
I have already written how the Trump campaign sought a last minute substitution of lawyers and then a delay of the preliminary injunction hearing in Trump’s Pennsylvania lawsuit seeking to delay certification of the vote. Well now Rudy Giuliani has … Continue reading
Philly Inquirer: The legal push by President Donald Trump to contest the results of Pennsylvania’s Nov. 3 election is on its last legs after a devastating week that delivered a string of courtroom losses and saw the sudden departure of … Continue reading
Governing speaks to Amber McReynolds. … Continue reading
Details for the virtual webinar: Election Law at Ohio State is honored to host a conversation among nationally-recognized election law scholars as they assess the election-related lawsuits, the certification of results in the states, and the next steps in the … Continue reading
John Kruzel in The Hill. … Continue reading
I missed this one, from Laurie Roberts at the Arizona Republic Yet another Arizona congressman has completely lost it over the defeat of President Donald Trump. It’s expected and accepted that Rep. Paul Gosar lives in the land where conspiracies … Continue reading
CNN: When President Donald Trump learned at the end of last week that his lawyers were dropping their lawsuit seeking a review of ballots in Arizona, the news caught him by surprise.Summoning members of his team to the Oval Office, where he … Continue reading