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
The hearing in the Trump campaign's MI case is delayed to noon. Meanwhile, here's the SoS's response: assets.documentcloud.org/documents/7317…

"Even a cursory review of Plaintiffs’ filings demonstrates that their vague legal claims and nonexistent facts hold no water and should be dismissed."
Michigan SoS argues:
- Trump campaign didn't present any evidence of party election *inspectors* denied access
- Law doesn't require video feed for citizen *challengers* (different from party inspectors)
- Ballot counting is done so not clear what relief campaign could get now
The hearing in the Trump campaign's case in Michigan (see thread for details) is underway, you can watch live here:
Trump campaign lawyer Thor Hearne (yes, Thor truenorthlawgroup.com/thor-hearne/) begins by acknowledging "many" ballots have already been counted (the SoS says absentee ballot processing is done) but maintains there's still at least some adjudication of ballots where they want observers
As for harm, the judge is skeptical about an affidavit the Trump campaign submitted from a witness saying she got a note from an unnamed person saying poll workers were being directed to mark late-arriving ballots as being received on time. Judge asks - isn't this hearsay?
Judge Cynthia Stephens: "'I heard somebody else say something' — how is that not hearsay? Come on now"
Michigan SoS lawyer Heather Meingast is up, says it's not clear what relief would be available at this point as far as allowing for campaign obversation. "The counting boards are done. We have finished counting [absentee] ballots in Michigan."
Meingast also says the Trump campaign's filings conflate different issues and are confusing — there is the issue of election inspectors having in-person access to observe, but the person the campaign names is a *challenger*, which is a different designation with different rights
Hearne clarifies they're seeking video they argue the law required the SoS to make of absentee ballots being processed from drop boxes — that's what they're saying election *challengers* were supposed to get access to. Different from saying ppl were excluded from counting boards
New: The judge in Michigan has denied the Trump campaign's petition, finding the issues the campaign raised are really about the duties of local election officials, not about anything the SoS has control over beyond issuing directives re: observer access, which she's done
The judge concludes there's no relief available now — the campaign asked to halt absentee ballot counting pending observer access — because the counting is done. She notes the campaign didn't actually file the case until late in the afternoon yest., despite announcing it earlier
As for whether election challengers should get video recordings of absentee ballot drop boxes, she finds campaign failed to show substantial likelihood of success warranting immediate action by the court, and is unconvinced the SoS had a legal duty to manage that
In sum: The MI judge basically says the Trump campaign took the wrong party to court — if a specific election board/official allegedly denied someone observer access (either in-person or re: video of drop boxes) they were entitled to, that's who the campaign should have sued

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More from @ZoeTillman

6 Nov
New: PA Republicans filed an emergency application asking SCOTUS to order PA to segregate post-Election Day absentee ballots. The SoS already directed counties to do this, but Rs say they still want SCOTUS to order it (HT @joshgerstein for the doc) beta.documentcloud.org/documents/2040… ImageImage
PA Rs don't present evidence that any county is failing to segregate the post-Nov. 3 absentee ballots at issue, but they argue "in the fast-paced and chaotic pace of postelection events in Pennsylvania" they haven't gotten affirmative confirmation that all counties are doing it Image
New: Justice Alito has entered an order that PA counties must comply with PA SoS's directive to segregate absentee ballots that arrived post-Election Day. This is pending SCOTUS considering PA GOP's emergency request earlier today for a specific court order re: ballot segregation ImageImage
Read 5 tweets
6 Nov
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

Prev: Image
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 Image
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 Image
Read 30 tweets
6 Nov
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… Image
- 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 Image
- 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  Image
Read 7 tweets
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
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
Read 7 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…
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 9 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

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