Later this morning (11:30 EST), there will be a hearing in Green Bay, WI about yet another GOP lawsuit challenging the integrity of the presidential race.
Before it starts, here’s a quick primer on the case.
CAUSE & RELIEF
The suit claims problems w/absentee & mail in ballots in 3 WI counties deprived some voters (presumably GOP voters) of equal rights under the constitution. It seeks to enjoin certification of the vote in those counties, a strategy also being tried in PA, MI & GA.
PLAINTIFFS
The suit was filed on behalf of three voters—Michael Langenhorst, Michael LeMay and Stephen Fifrick—by True the Vote Inc., a conservative legal group apparently based in Texas.
Here is the mission statement from their website.
EVIDENCE
Beyond citing some news articles that mention past problems with mail in ballots, the suit points to a handful of WI voters who seem to be claiming that they had trouble voting although when you look closely it’s not clear they actually did.
When “JC,” for instance, went to the polls on Election Day in Milwaukee she was told that she had already requested an absentee ballot. She claimed that she hadn’t request one and so…"JC" just voted in person.
The suit says “CL” was canvassing in WI when “a resident told her he'd received 10 [absentee] ballots mailed to him” even though he didn't request them.
Same guy told “CL” his neighbors “had also received 10 ballots without requesting them.”
That sounds like...double hearsay.
There’s also a claim by “LL,” an election supervisor in Menomonee Falls, who said she “randomly checked several online obituaries” and found that at least 3 dead people were shown to have voted absentee.
All of this, the suit claims, is enough to mar results in key counties & merit inquiry in the rest.
What kind of inquiry?
The plaintiffs want lots of data from the state.
They say they “possess advanced technical capability to conduct statistical analyses identifying errors."
To counter this, lawyers for the Dems note that the three plaintiffs “do not even live in the counties about which they complain” and moreover their claims are “nothing more than rank speculation and unsupported suspicion.”
Moreover, Dem lawyers say, the relief the plaintiffs are seeking would disenfranchise more 792,000 Wisconsinites—"or nearly one in four of all Wisconsinites who voted in this year’s general election.”
I'll be making periodic updates here once the hearing starts.
Stay tuned.
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NEW: Wow.
US Justice Department under AG William Barr is dropping charges against Salvador Cienfuegos, ex-defense minister of Mexico so that he can be charged in Mexico.
New:
It's official.
Rudy has been approved to appear in the Pennsylvania election case.
If all goes according to schedule, we're moments from beginning the hearing in Donald J. Trump for President v. Boockvar (the PA secretary of state).
A quick cast of characters:
The judge is Matthew Brann, who was appointed by President Obama in 2012. Before taking the bench Judge Brann was a lawyer in private practice and, interestingly, a Republican party official in Pennsylvania.
New: Here's a quick look at what to expect at this afternoon's federal election case hearing in Pennsylvania--and at the legal snafus the case has already been through. nytimes.com/live/2020/11/1…
The Trump's campaign chief argument here is that PA elections officials violated the equal protection clause of the Constitution.
The reason? In some Dem counties, officials alerted voters that their mail-in ballots needed fixing while that didn't happen in some GOP counties.
Lawyers for the Dems have countered:
It's not the fault of Dem counties that allowed voters to fix (or "cure") their ballots if GOP counties didn't do that.
They argue that the Trump campaign should have sued those counties but did not.
Lawyers for the Trump campaign's Pennsylvania lawsuit have withdrawn from the case on the eve of the first hearing in the case.
This move follows the withdrawal on Friday of the lawyers who initially filed the suit.
With no lawyers left to argue its case, the Trump case has asked the judge to postpone tomorrow's hearing...
Ouch.
The federal judge overseeing the PA case, Matthew Brann, has just denied the Trump campaign's request to delay tomorrow's hearing.
It will go on as scheduled.
Each of these suits was similarly structured. "Ordinary voters" filed them claiming that the certification of the vote in key counties should be stopped b/c of election irregularities.
There is a mention of the observer issue in the introduction to the suit. (See below.)
But the issue is not brought up in the section alleging counts of the complaint.
Which is to say, those section that require proving.
Here, for example, is the amended complaint's first count: It seeks relief for disparate treatment of ballot in different counties.