Monthly Archives: November 2020

Trump Campaign Says It Will Seek Recount in Wisconsin, Sues in Michigan to Temporarily Stop Counting, Stages Brooks Brother Type Event, and Intervenes in PA Case: What It All Means

November 4, 2020, 1:22 pmfraudulent fraud squad, Supreme CourtRick Hasen

There have been a number of developments since I posted this morning, Can Donald Trump Litigate His Way to Victory via the Supreme Court? Not Likely After networks called Wisconsin for Biden with about a 20,000 vote lead and counting… Continue reading

“Trump wants the courts to stop the counting. He’s going to be disappointed.”

November 4, 2020, 1:04 pmSupreme CourtRick Hasen

Ned Foley WaPo oped: President Trump can rail as much as he likes, but he can’t stop the counting of valid votes. And while he is threatening to race to the Supreme Court to overturn any result against him, that,… Continue reading

“Please Let It Not Be Close: Why 2020 Prez Outcome Probably Won’t Be Decided In Court”

November 4, 2020, 12:58 pmUncategorizedRick Hasen

Joey Fishkin for TPM Cafe.

“GOP effort to block ‘cured’ Pennsylvania ballots gets chilly reception from judge”

November 4, 2020, 8:50 amUncategorizedRick Hasen

Politico: A federal judge gave a skeptical reception Wednesday to a Republican lawsuit seeking to throw out votes in a Pennsylvania county that contacted some voters to give them an opportunity to fix — or “cure” — problems with their… Continue reading

Can Donald Trump Litigate His Way to Victory via the Supreme Court? Not Likely

November 4, 2020, 8:27 amUncategorizedRick Hasen

I’ve been saying consistently that the only way the 2020 presidential election ends up being decided by the courts is if there is a dispute in a state that is central to an electoral college victory and that the dispute… Continue reading

Trump Falsely and Prematurely Claims Victory in 2:30 AM ET Speech

November 3, 2020, 11:32 pmUncategorizedRick Hasen

Tweet: There it is: Trump says: "This is a fraud on the American public…Frankly we did win this election." He wants "voting" to stop but there is no more voting. He says he's going to the Supreme Court.This is… Continue reading

Trump Tweets Without Evidence That He is Winning But Democrats Will Try to “STEAL the Election”

November 3, 2020, 9:52 pmUncategorizedRick Hasen

Here’s the tweet: We are up BIG, but they are trying to STEAL the Election. We will never let them do it. Votes cannot be cast after the Polls are closed!— Donald J. Trump (@realDonaldTrump) November 4, 2020 There… Continue reading

Lawsuit to Watch If It Comes Down to Pennsylvania

November 3, 2020, 8:41 pmelection administration, The Voting WarsRick Hasen

Hamm v. Boockvar, a state court case attacking some PA Secretary of State curing procedures. Hearing on Wednesday. Keep your eye on this one, and the other suit I wrote about earlier today.

“Nevada Supreme Court rejects Trump campaign emergency request to limit mail ballot counting in Clark County”

November 3, 2020, 7:35 pmelection administrationRick Hasen

Nevada Independent: The Nevada Supreme Court has denied an emergency request by President Donald Trump’s re-election campaign and the state Republican Party to immediately order Clark County election officials to stop processing mail ballots.The appeal, filed Tuesday in the state… Continue reading

Georgia: “Fulton election results delayed after pipe bursts in room with ballots”

November 3, 2020, 4:39 pmelection administrationRick Hasen

AJC: Fulton County’s absentee-by-mail processing operation at State Farm Arena was delayed four hours today after a water pipe burst in a room with ballots.No ballots were harmed thanks to the slant of the room, voting officials told the elections… Continue reading

Mercifully, A Relatively Boring Election Day

November 3, 2020, 3:36 pmElection MeltdownRick Hasen

Me, over at the Slate live blog.

“In the Messiest Contested Election, One Man Saved the System From Itself”

November 3, 2020, 12:14 pmelectoral collegeRick Hasen

Do yourself a favor and read Franita Tolson in the NYT on the 1876 election and Samuel Randall: In the weeks leading up to Tuesday’s election, scholars and political commentators have been busy gaming out doomsday scenarios on the small,… Continue reading

“New Lawsuit to Halt Ballot Cures in Pennsylvania Could Preview Trump’s Postelection Strategy”

November 3, 2020, 10:53 amabsentee ballotsRick Hasen

I have written this piece for Slate. It begins: Republicans filed a new lawsuit in Pennsylvania on Tuesday, and it is a window into the kind of post-election maneuvering that we could see both legally and politically should the election… Continue reading

“Failed Elections and the Legislative Selection of Presidential Electors”

November 3, 2020, 10:42 amelectoral collegeRick Hasen

Can’t wait to read this (hopefully not timely) one from Justin Levitt (forthcoming NYU L. Rev.). Here is the abstract: Questions about the state legislative role in determining the identity of presidential electors and electoral slates, and the permissible extent… Continue reading