New: The Trump campaign + Nevada GOP filed an emergency motion asking the NV Supreme Court to halt the processing of some mail-in ballots in Clark County — they're pursuing an appeal re: increasing observer access and the system used to check signatures scribd.com/document/48276…
The reference to "duplicating" here has to do with how the county deals with ballots that have a defect that would prevent them from going through the tabulation machine. So Trump/NV GOP are asking the court to stop that part of the process while they argue for observer access
They're also asking the court to block Clark County election officials from using a certain type of computer program to do mail ballot signature match analysis while they pursue this appeal
An aside: Note that one of the lawyers for the Trump campaign/NV GOP in this case is Jesse Binnall. If that name sounds familiar, it's because he's one of Michael Flynn's defense lawyers. Worlds colliding!
New: The NV Supreme Court will let Clark County keep processing certain mail-in ballots over a challenge by Trump's campaign/NV GOP, finding they failed to show they're likely to win the arg that they're being denied the right to observe the process assets.documentcloud.org/documents/7289…
The NV Supreme Court also denied the Trump campaign/NV GOP's request for an injunction blocking Clark County from using a computer program to analyze ballot signatures.
This doesn't end the case, but it means Trump/GOP have lost this effort to halt or slow down counting tonight.
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New: In one of the Trump campaign's cases, the Commonwealth Court of PA issued an order directing the local court in Philadelphia to enter an order requiring all observers and candidate reps be allowed to observe ballot counting w/in 6 feet + other COVID measures
The Trump campaign had appealed after a Philadelphia judge denied (see attached) the campaign's request for "closer observation" of counting, finding election officials were following the law.
This does not stop the counting of ballots in Philadelphia.
The Trump campaign had also asked the Commonwealth Court to order Philly election officials to segregate/preserve ballots that were already canvassed so they could check to make sure they complied with election law, but the court's order today doesn't address that
A hearing is starting now in the Superior Court of Chatham County, Ga., in the Trump campaign's petition seeking an order ensuring absentee ballots that arrive after the state's Election Day deadline aren't counted, stay tuned. Here's the petition: assets.documentcloud.org/documents/7310…
Jonathan Crumley for the Trump campaign begins by making clear the case is only about ballots that arrived after the state's Election Day deadline for absentee ballots, not to stop counting legally cast ballots: "Nobody is seeking to stop the counting of any legal ballots"
Recall the 11th Circuit reinstated Georgia's Election Day deadline for receipt of absentee ballots, reversing a lower court judge who had extended the deadline
New: Trump Cannot Just “Go” To The Supreme Court To Fight Election Results. Here’s What Would Need To Happen To End Up There. buzzfeednews.com/article/zoetil…
Trump's rhetoric over the past 24 hours — "We will be going to the Supreme Court" — has created an appearance of legal uncertainty around the election results that doesn’t exist yet, given the court cases actually filed so far buzzfeednews.com/article/zoetil…
In the latest case Trump's campaign filed in Georgia, they're *not* asking to stop ballot counting. They're alleging there's evidence ballots that arrived after Election Day are being improperly mingled, and asking a judge to make sure that doesn't happen buzzfeednews.com/article/zoetil…
Morning, here's where things stand on the legal front:
- Trump said early this a.m.: "We will be going to the US Supreme Court." Except in very rare circumstances that do not apply here, you cannot just "go" to SCOTUS. buzzfeednews.com/article/kadiag…
- There are two pending cases in lower courts in PA. One is about voters with defective mail-in ballots in Montgomery County, Pa., who have been given a way to cure their votes. The judge is hearing arguments right now on a TRO motion.
- The other PA case was filed last night by state Republicans seeking to block counties from letting voters whose mail-in ballots were disqualified from casting provisional ballots. There's a status conference this afternoon.
The case number for this in the Commonwealth Court of PA is 600 MD 2020, I'm still working to get a copy of the filings (if anyone has them or is able to pull them, hit me up!)
Here's the preliminary injunction request filed by Rep. Mike Kelly and other Rs arguing to stop PA counties from letting voters who returned mail-in ballots w/ defects cast provisional ballots
(as usual, legal twitter came through, you all are awesome.) pacourts.us/assets/files/s…
Update: The Commonwealth Court of PA will hold a status conference tomorrow at 1:30pm on R's request for a prelim. injunction to block counties from letting voters "cure" mail-in ballots with problems by casting provisional ballots
A hearing is starting soon before Judge Andrew Hanen in a federal challenge to drive-thru voting in Harris Cty. Reporters got call-in info, but it just disconnected, so... stay tuned.
Hanen's chambers has notified reporters who requested call-in information that the hearing has started, and that the call-in line disconnected because it was overloaded. We haven't received new call-in information to listen to the hearing.
I was able to get through on the call-in line that Hanen's chambers provided (some reporters couldn't), and then we began hearing recorded messages saying the conference was going to end in five minutes, and then one minute, and then the line disconnected