“Florida Republicans rushed to curb mail voting after Trump’s attacks on the practice. Now some fear it could lower GOP turnout.”

Amy Gardner for WaPo: Virtually every narrow Republican victor of the past generation — and there have been many, including two of the state’s current top officeholders, Gov. Ron DeSantis and Sen. Rick Scott — owes their victory, at least … Continue reading

Share

Remember that Luzerne County Thrown-Away Military Ballots Issue? “A Pennsylvania election probe that Trump falsely touted as a sign of vote-rigging ended without charges”

Philly Inquirer: Federal prosecutors in Harrisburg announced Friday they had found “insufficient evidence” of a crime in an election investigation that President Donald Trump and his allies had repeatedly touted as a sign of vote-rigging in Pennsylvania.The case, involving nine military … Continue reading

Share

Breaking and Analysis: Wisconsin Supreme Court, on 4-3 Vote, Rejects Hearing Trump’s Election Challenge and Directs Him Back to Trial Court; 2 Dissenting Justices Suggest Disenfranchising Voters Not a Proper Remedy in Any Case

You can find the Court’s order, a concurring opinion, and two dissenting opinions, at this link. The court’s three liberals were joined by conservative Justice Hagedorn in holding that the exclusive remedy for an election contest is to start in … Continue reading

Share

Persily and Stewart NYT Oped: “Trump Is Wrong. There’s No Evidence of Election Fraud in Philadelphia. The Claim Itself Is Fraudulent”

Must-read: Joe Biden’s lead in the presidential election results in Pennsylvania has now surpassed 81,000 votes, far exceeding Donald Trump’s 44,000-vote victory margin there four years ago. Yet the Trump campaign continues to claim in court huge but incalculable levels … Continue reading

Share

Plaintiffs in Texas Voting Case File 5th Circuit Motion for an Emergency Injunction, Asking (for Now) Only for a Ban on the Practice on Election Day [Updated with 5th Circuit Denial But 9 of 10 Drive Thru Locations Closed]

Read the brief, asking for relief tonight, before Election Day, but limited: “Plaintiffs respectfully requests that this Court reverse the order below which found a lack of standing by Plaintiffs to challenge drive-thru voting on Election Day, and to issue … Continue reading

Share

District Court Written Ruling in Texas Drive-Thru Case Now Available as Plaintiffs Appeal to Fifth Circuit; Court Leaves Door Slightly Open to Another Court Throwing Out Drive-Thru Ballots Cast *on* Election Day

You can find the order in two parts. The reasoning was primarily about lack of standing and laches in bringing suit, something I anticipated would play a great role in this case: defendants knew this voting was going on for … Continue reading

Share

In Outrageous 2-1 Decision Ignoring Reliance Interests and Rejecting the Purcell Principle, 8th Circuit Panel Orders Segregation of Late Arriving Ballots in Minnesota, With Strong Hints Late Arriving Ballots Will Be Excluded from The Count

It is hard to know where to start with this opinion. The majority suggests that a consent decree extending the deadline for absentee ballots in Minnesota, entered into by the Secretary of State and plaintiffs and approved by a state … Continue reading

Share

Pennsylvania Will Segregate Ballots Received After Election Day with SCOTUS Case Pending: Why This Was a Smart Move by the State, and Why This Doesn’t Solve the Reliance Problem or Standing Issue

As ELB readers well know, the Pennsylvania GOP has gone back to the Supreme Court seeking to reverse a state supreme court order which extended the deadline for receipt of absentee ballots from 8 pm on Election day until 5 … Continue reading

Share

Federal Court Issues Injunction over Signature Mismatches in South Carolina

Release: South Carolina election officials must count absentee ballots that election officials had been planning on rejecting due to an alleged mismatched signature, ensuring voters will not be disenfranchised for this reason in the upcoming November election, a South Carolina district court ruled today.  United States District Court Judge Richard Mark Gergel … Continue reading

Share

Breaking and Analysis: Supreme Court, on 5-3 Party Line Vote, Won’t Restore Wisconsin Ballot Deadline Extension; Justices Fight in Footnotes over Pennsylvania State Court Issue

On a 5-3 party line vote, the Supreme Court rejected Democrats’ and voting rights groups attempts to reverse the 7th Circuit putting the brakes on a district court order that would have extended the deadline for receipt of absentee ballots … Continue reading

Share

Understanding the Pennsylvania GOP Hail Mary Fighting the Extended Deadline for Receipt of Mailed Ballots, and the Awful Pressure that the GOP’s Petition Could Put on Soon-to-Be Justice Barrett

The Pennsylvania GOP has gone back to the U.S. Supreme Court and the state supreme court in an effort to renew its objection to the counting of mail-in ballots that arrive after 8 pm on Election night (as set forth … Continue reading

Share

“How Amy Coney Barrett could be key to new lawsuit to block Pa.’s mail-in ballot extension” (and reasons for my skepticism in this particular case)

VoteBeat: A new federal lawsuit seeks to block Pennsylvania officials from counting mail-in and absentee ballots received within three days after Election Day, an extension approved by the state’s highest court and recently allowed to stand by the U.S. Supreme … Continue reading

Share