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
Ben Perkins for Chatham County: "There's no evidence that the Board of Registrars does not already comply with Georgia law." He says an official is prepared to testify that the 53 ballots the Trump campaign's affiant questioned were properly handled
Trump campaign's affiant Sean Pumphrey, a poll watcher, says he saw 53 ballots placed on a table separate from ballots in bins ready to go out to be counted. Chatham County lawyer asks if he had evidence those ballots arrived after 7pm on Election Day. He says he doesn't know.
Trump campaign presents another witness poll watcher who says he asked questions about the chain of custody for the 53 ballots at issue, and wasn't clear why they were added separately. Chatham Cty lawyer again asks if he has evidence those ballots arrived late, witness says no
Back to Chatham Cty, GA: An election official testified the 53 ballots the Trump campaign questioned were, in fact, received by GA's Election Day deadline, saying they were handled separately because they didn't show up on a manifest of absentee voters so they had to be checked
New: The Chatham County judge has denied the Trump campaign's petition and dismissed the case after hearing evidence and arguments — county's lawyer argued they were complying with the law re: handling absentee ballots, and there was no ev. of late ballots being mingled/counted
Here's the written order from a Chatham County judge denying the Trump campaign's petition — he concludes there was no evidence the 53 absentee ballots at issue were received after the Election Day deadline, and no evidence the county failed to comply with the law
• • •
Missing some Tweet in this thread? You can try to
force a refresh
In the latest case filed by Republicans in Nevada (challenging use of computer software to check signatures and alleging lack of public access to observe counting), the judge has set a hearing for today at 2pm PST/5pm EST
Here's the NV SoS oppo to Rs' motion to block the use of computer software to verify signatures and ensure observer access: assets.documentcloud.org/documents/7326…
They say: 1) The voter plaintiff who claimed someone else cast her mail-in ballot was given a chance to fix it and declined
2) The purported Trump campaign observer also claimed to be a member of the media (the filing notes he's a polit. strategist and Fox News contrib), and those come with different rights re: access to counting. But regardless, they say no evid. counting happened without observation
Here is where things stand today on the pending Trump/GOP legal challenges:
- Nevada Rs (Trump campaign not a party) filed in federal court last night challenging computer software to verify signatures and claiming media wasn't allowed to observe counting assets.documentcloud.org/documents/7325…
- The new NV case repeats a Trump campaign allegation from yest. of people casting ballots who weren't eligible to vote in the state, but note the case isn't asking to invalidate ballots — at most, they're asking for absentee ballots to be verified by people and not a computer
- The Commonwealth Court of PA is holding arguments right now (no remote access, unfortunately) in PA Republicans' case seeking to block counties from allowing absentee voters with deficient ballots to cast provisional ballots to "cure" votes
There's an 11:30am ET hearing in the Trump campaign's case in Michigan alleging the state isn't complying with rules about election inspector access to absentee ballot counting and election challenger video access to ballot boxes. It will be streamed here: youtube.com/channel/UCIUqx…
Here's the Trump campaign's emergency motion, which seeks to halt counting in Michigan until an election inspector from each party is present and video of ballot boxes is available to challengers assets.documentcloud.org/documents/7297…
Campaign presented one challenger who claimed exclusion
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
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.