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.
- There is also the case already pending before SCOTUS challenging the extended deadline for accepting mail-in ballots in PA — the court allowed that later deadline to proceed by a 4-4 vote, and then rejected a request to reconsider before the election buzzfeednews.com/article/zoetil…
- What's important to remember about the one PA case that *is* before SCOTUS right now is that it only deals with ballots that arrive *after* Election Day, it doesn't deal with the counting of ballots that arrived by Election Day
- If Biden gets to 270 without PA, these cases lose their significance re: outcome. There are no pending cases in WI or MI (that could change of course). Trump tried to get the NV Supreme Court to intervene in Clark County last night, and the court said no
- Remember Trump/Republicans got what they wanted in Wisconsin when they last went to SCOTUS about voting practices there — the court blocked a lower court order that would have extended the deadline for accepting mail-in ballots buzzfeednews.com/article/zoetil…
Update on MontCo, Pa. — a county election official testifies it's been practice for years to notify voters whose ballots arrive w/ clear deficiencies and give them a chance to cure, and they've given info about set-aside ballots to both parties when asked, incl. GOP very recently
The hearing in the MontCo, PA, case re: handling of certain mail-in ballots is over — no ruling expected today, the plaintiffs are filing another brief by 9am tomorrow, and MontCo/Dem intervenors filing response by 9am Friday
It appears there are at least 93 ballots at issue here where voters were notified of a facial deficiency (i.e. issue with declaration on the envelope) and given a chance to cure before Election Day — a process that a county election official testified has been in place for years
At the end of the hearing, Judge Timothy Savage repeatedly asked the lawyer for the Rs who sued to explain how the notice/cure process at issue in MontCo ultimately jeopardized the "integrity of the election," and said that he wasn't getting that in what they'd presented

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More from @ZoeTillman

5 Nov
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 Image
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. Image
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 Image
Read 4 tweets
5 Nov
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… Image
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
Read 7 tweets
5 Nov
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…
Read 5 tweets
4 Nov
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
Read 4 tweets
3 Nov
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
Read 6 tweets
2 Nov
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.

On yesterday's TX Supreme Court order rejecting a similar challenge: buzzfeednews.com/article/zoetil…
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
Read 27 tweets

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