2020 Elections

 

 

 

 

 

 

 

 

 

 

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2020 Elections

 

 

Donald Trump's Election Lawsuits Explained

November 22, 20208:20 AM ET

Heard on Weekend Edition Sunday

 

NPR's Lulu Garcia-Navarro asks Ross Garber of Tulane Law School about the lawsuits filed by the Trump campaign and its allies.

LULU GARCIA-NAVARRO, HOST:

 

And now to the ostensible reason for the delay - the legal maneuvers by President Trump and his allies to overturn the legitimate results of this election, including a huge loss in one state last night. Ross Garber joins us now. He's a political investigations and election lawyer who teaches at Tulane Law School, and he has mainly represented Republicans.

 

Hi there.

 

ROSS GARBER: Hey. Good morning.

 

GARCIA-NAVARRO: So that loss in Pennsylvania - a federal judge, Matthew Brann, a Republican, wrote scathingly in his dismissal of the case. I'm going to quote here - this court has been presented with strained legal arguments without merit and speculative accusations unsupported by evidence. He said that it was an attempt to violate the Constitution. This is the case against the secretary of state that Rudy Giuliani argued last week. How major a setback for the campaign is this?

 

GARBER: Yeah. We can't put too fine a point on this. The judge was very, very direct here, and he made clear in his opinion what's at stake. And namely, it was millions of votes in Pennsylvania. And what - if that's at stake, the Trump campaign would be expected to produce by way of legal argument and evidence, and the judge made clear it's just not there. And that's what we've seen in state after state after state where the Trump campaign has raised these kinds of issues. Judges have pushed back and said, there's no law, and there's no evidence. So it's another major setback for the Trump campaign. They're running out of places to fight.

 

GARCIA-NAVARRO: But the campaign says it will appeal. And there was another case filed there just yesterday by a Pennsylvania congressman, Mike Kelly, who wants to block the state from certifying the election results and have the state Legislature choose electors. This is a tactic they've been trying in other places too, so they don't seem to be slowing down.

 

GARBER: No, they're going to probably keep doing this unless and until some senior Republicans - perhaps Mitch McConnell says to the president, you know, enough is enough. But the campaign and the president seem to have their eye on January 6 - that's an important date - when Congress actually gets the results of the Electoral College. And if there are multiple certifications from a particular state - say, in Pennsylvania, the governor certifies one slate of electors, say, for Biden and, theoretically, the Legislature certifies another slate of electors, say, for Trump - then Congress has to decide what to do with it. And that's, I think, the ultimate focus of the Trump campaign.

 

GARCIA-NAVARRO: Tell me how that would work.

 

GARBER: Yeah. So in 1876...

 

GARCIA-NAVARRO: We're going back a ways now.

 

GARBER: Yeah, yeah, yeah. But this doesn't happen that often. In 1876, there actually were contested elections in a few states. And in those states, one state official certified a slate of electors for the Republican, one for the Democrat. Congress got it. And there's a provision in the Constitution that - in the 12th Amendment that says that it's the president of the Senate, who is now Mike Pence, the vice president, who gets the votes and that the votes shall be counted.

And there was an argument back then that, well, that means the vice president gets to decide these disputes. And it was a big problem. And a commission was formed, including Supreme Court justices, to sort this all out, and then a deal was made. It was terrible. And then the next year, Congress passed a law saying, no, no, no, here's how it works. And it established this elaborate procedure for how to deal with that kind of situation.

 

The problem is the law is very ambiguous. It's not very well-written. But it does provide a procedure for what happens if there are multiple votes or even if the single slate of electors from a particular state is contested. And notably, it only takes one senator and one member of the House to trigger that procedure. So it's really that that the president is focused on.

 

GARCIA-NAVARRO: And we should remind our listeners President Trump met with some lawmakers from Michigan this weekend, and the Republican National Committee and the Michigan Republican Party are requesting a 14-day delay by the state board of canvassers so there can be an audit of votes in the area around Detroit. How likely do you see - more to the question, I mean, how likely do you see this taking place?

GARBER: Well, so far, it's not working out very well for the president. It's not working out as he hoped. And I had raised issues of, you know, potential irregularities and fraud several months ago and issues about the ambiguities in this law. Happily, though, the votes in these states are not close enough where those have become very significant practical issues. I think it's very, very unlikely, meaning it's not going to succeed for the president to challenge the votes this way.

 

GARCIA-NAVARRO: That's Ross Garber of Tulane Law School.

 

Professor, thank you very much.

 

GARBER: It's good to be with you.

 

Copyright © 2020 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record. https://www.npr.org/2020/11/22/937708523/donald-trumps-election-lawsuits-explained

 

US election: Trump camp's lawsuit struck down in Pennsylvania

Published - November 22, 2020

 

A judge in Pennsylvania has dismissed a lawsuit from the Trump campaign that sought to invalidate millions of mail-in votes in the battleground state.

 

Judge Matthew Brann said the suit, which rested on allegations of irregularities, was "without merit".

 

The move paves the way for Pennsylvania to next week certify Joe Biden's win - he leads by more than 80,000 votes.

 

It is the latest blow to Donald Trump, who is trying to overturn his loss in the 3 November presidential election.

 

He has refused to concede and made allegations of widespread electoral fraud, without providing any evidence.

 

The lack of a concession has upended the process that normally follows a US election.

 

· Can Trump overturn the election result?

· Five US election fraud claims fact-checked

 

Mr Biden is projected to defeat President Trump 306 to 232 in the US electoral college, which determines who becomes president - far above the 270 he needs to win.

 

The Trump campaign has lost a slew of lawsuits contesting results from the election, and its latest efforts focus on stopping the swing states that handed Mr Biden his win certifying the results - an essential step for the Democrat to be formally declared victor.

 

Pennsylvania judge gives scathing verdict

 

In the ruling Judge Brann wrote that the Trump campaign had tried to "disenfranchise almost seven million voters".

 

He said his "court has been presented with strained legal arguments without merit and speculative accusations".

 

"In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state," the judge wrote.

 

The Trump campaign argued that the state had violated the US Constitution's guarantee of equal protection under the law as some Democratic-run counties allowed voters to fix errors on their ballots while Republican-run counties did not.

 

How to move on after the US election

 

But in his ruling Judge Brann dismissed the claim, saying "like Frankenstein's Monster" it had been "haphazardly stitched together". He said even if it was the basis for a case then the Trump campaign's solution went too far.

 

Few Republicans have called on the president to concede, but following the judge's ruling Republican Pennsylvania Senator Pat Toomey said Mr Trump had exhausted all legal options in the state and urged him to accept the result.

 

On Sunday afternoon, the Trump legal team confirmed they were appealing against the Pennsylvania decision.

 

Earlier his lawyer Rudy Giuliani said in a statement: "Today's decision turns out to help us in our strategy to get expeditiously to the US Supreme Court."

There is no standard route to the Supreme Court, but challenges would usually have to be upheld in a state court first, before the issue could be escalated.

Legitimate federal or constitutional question would also have to be at the heart of the complaint.

 

What's the situation in other battleground states?

 

Also on Saturday the Trump campaign called for another recount in Georgia, a day after a by-hand recount confirmed Mr Biden's win in the state.

The campaign said it "has to include signature matching and other vital safeguards".

 

In another swing state won by Mr Biden, Michigan, Republican officials wrote to the state's electoral board to request a two-week delay in certifying the results.

 

They called for an audit of the presidential vote in the largest county, home to Detroit, after it was contested by the Trump camp.

 

But the Michigan Department of State said delays and audits were not permitted by law.

 

In Wisconsin, election officials accused Trump supporters of obstructing the state's recount of votes. They said observers for Mr Trump were in some cases challenging every single ballot to deliberately slow down proceedings.

 

If the recount is not concluded by 1 December - the deadline for Wisconsin to certify its votes - the way is open for the Trump camp to pursue a lawsuit.

Mr Biden has a lead of more than 20,000 in the state.

 

Why is election certification important?

 

When Americans vote in a presidential election, they are actually voting in a state contest, not a national one.

 

They are voting for state electors who will then cast one vote each for president. These electors usually follow the will of the electorate - in Michigan, for instance, they should all vote for Joe Biden because he won the state.

 

Georgia Secretary of State Brad Raffensperger expressed disappointment his party lost, but said "numbers don't lie"

 

The states get a varying number of votes, equivalent to the number of their representatives in the US Congress - the House and the Senate.

 

· What is the electoral college?

 

Many world leaders have already congratulated Mr Biden based on his projected victory, as is customary in every US election.

 

Russian President Vladimir Putin is one of the few holdouts. "I want to assure you: there is no subtext here. It is not that we like or dislike someone - we are just waiting for the [US} domestic political stand-off to end," he told state television channel Rossiya 1 in an interview.

 

After the 2016 US election, President Putin congratulated Mr Trump the morning after voting day.

 

Formality or undue significance?

 

What is typically a mere formality during normal elections - the bipartisan certification of state vote totals - has become the latest battleground in the president's attempts to maintain power for the next four years.

 

Could Trump actually be successful? It's not impossible, but the chances are very, very slim. First of all, the president would have to overturn the results in multiple states, where Biden's leads range from tens of thousands of votes to more than a hundred thousand. This isn't 2000, when everything came down just to Florida.

 

What's more, many of the states Trump's legal team is targeting - Michigan, Wisconsin and Pennsylvania - have Democratic governors who are not going to sit idly by while all of this takes place.

 

That doesn't mean Biden's supporters aren't worried, however. While the odds of this happening are along the lines of the earth being hit by a giant meteor or someone getting struck by lightning while winning the lottery, having victory snatched away at this point would be such a cataclysmic political event that the remote prospect of such a possibility is enough to give Democrats cold sweats” (Ref. US election: Trump camp's lawsuit struck down in Pennsylvania. Published: November 22, 2020).

 

Republicans who have broken with Trump to congratulate Biden on his win

 

“Trump has refused to concede the race, and the vast majority of Republicans in Congress and elsewhere have yet to acknowledge the Democrats' victory” (Ref. Nov. 10, 2020, 11:55 AM PST / Updated Nov. 23, 2020, 3:53 PM PST - By Nicole Via y Rada

https://www.nbcnews.com/politics/2020-election/republicans-who-have-broken-trump-congratulate-biden-his-win-n1247278?icid=recommended

 

US election: Trump camp's lawsuit struck down in Pennsylvania

Published

November 22, 2020

 

A judge in Pennsylvania has dismissed a lawsuit from the Trump campaign that sought to invalidate millions of mail-in votes in the battleground state.

 

Judge Matthew Brann said the suit, which rested on allegations of irregularities, was "without merit".

 

The move paves the way for Pennsylvania to next week certify Joe Biden's win - he leads by more than 80,000 votes.

 

It is the latest blow to Donald Trump, who is trying to overturn his loss in the 3 November presidential election.

 

He has refused to concede and made allegations of widespread electoral fraud, without providing any evidence.

 

The lack of a concession has upended the process that normally follows a US election.

 

· Can Trump overturn the election result?

· Five US election fraud claims fact-checked

 

Mr Biden is projected to defeat President Trump 306 to 232 in the US electoral college, which determines who becomes president - far above the 270 he needs to win.

 

The Trump campaign has lost a slew of lawsuits contesting results from the election, and its latest efforts focus on stopping the swing states that handed Mr Biden his win certifying the results - an essential step for the Democrat to be formally declared victor.

 

Pennsylvania judge gives scathing verdict

 

In the ruling Judge Brann wrote that the Trump campaign had tried to "disenfranchise almost seven million voters".

 

He said his "court has been presented with strained legal arguments without merit and speculative accusations".

 

"In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state," the judge wrote.

 

The Trump campaign argued that the state had violated the US Constitution's guarantee of equal protection under the law as some Democratic-run counties allowed voters to fix errors on their ballots while Republican-run counties did not.

 

How to move on after the US election

 

But in his ruling Judge Brann dismissed the claim, saying "like Frankenstein's Monster" it had been "haphazardly stitched together". He said even if it was the basis for a case then the Trump campaign's solution went too far.

 

Few Republicans have called on the president to concede, but following the judge's ruling Republican Pennsylvania Senator Pat Toomey said Mr Trump had exhausted all legal options in the state and urged him to accept the result.

 

On Sunday afternoon, the Trump legal team confirmed they were appealing against the Pennsylvania decision.

 

Earlier his lawyer Rudy Giuliani said in a statement: "Today's decision turns out to help us in our strategy to get expeditiously to the US Supreme Court."

There is no standard route to the Supreme Court, but challenges would usually have to be upheld in a state court first, before the issue could be escalated.

Legitimate federal or constitutional question would also have to be at the heart of the complaint.

 

What's the situation in other battleground states?

 

Also on Saturday the Trump campaign called for another recount in Georgia, a day after a by-hand recount confirmed Mr Biden's win in the state.

The campaign said it "has to include signature matching and other vital safeguards".

 

In another swing state won by Mr Biden, Michigan, Republican officials wrote to the state's electoral board to request a two-week delay in certifying the results.

 

They called for an audit of the presidential vote in the largest county, home to Detroit, after it was contested by the Trump camp.

 

But the Michigan Department of State said delays and audits were not permitted by law.

 

In Wisconsin, election officials accused Trump supporters of obstructing the state's recount of votes. They said observers for Mr Trump were in some cases challenging every single ballot to deliberately slow down proceedings.

 

If the recount is not concluded by 1 December - the deadline for Wisconsin to certify its votes - the way is open for the Trump camp to pursue a lawsuit.

Mr Biden has a lead of more than 20,000 in the state.

 

Why is election certification important?

 

When Americans vote in a presidential election, they are actually voting in a state contest, not a national one.

 

They are voting for state electors who will then cast one vote each for president. These electors usually follow the will of the electorate - in Michigan, for instance, they should all vote for Joe Biden because he won the state.

 

Georgia Secretary of State Brad Raffensperger expressed disappointment his party lost, but said "numbers don't lie"

 

The states get a varying number of votes, equivalent to the number of their representatives in the US Congress - the House and the Senate.

 

· What is the electoral college?

 

Many world leaders have already congratulated Mr Biden based on his projected victory, as is customary in every US election.

 

Russian President Vladimir Putin is one of the few holdouts. "I want to assure you: there is no subtext here. It is not that we like or dislike someone - we are just waiting for the [US} domestic political stand-off to end," he told state television channel Rossiya 1 in an interview.

 

After the 2016 US election, President Putin congratulated Mr Trump the morning after voting day.

 

Formality or undue significance?

 

What is typically a mere formality during normal elections - the bipartisan certification of state vote totals - has become the latest battleground in the president's attempts to maintain power for the next four years.

 

Could Trump actually be successful? It's not impossible, but the chances are very, very slim. First of all, the president would have to overturn the results in multiple states, where Biden's leads range from tens of thousands of votes to more than a hundred thousand. This isn't 2000, when everything came down just to Florida.

 

What's more, many of the states Trump's legal team is targeting - Michigan, Wisconsin and Pennsylvania - have Democratic governors who are not going to sit idly by while all of this takes place.

 

That doesn't mean Biden's supporters aren't worried, however. While the odds of this happening are along the lines of the earth being hit by a giant meteor or someone getting struck by lightning while winning the lottery, having victory snatched away at this point would be such a cataclysmic political event that the remote prospect of such a possibility is enough to give Democrats cold sweats” (Ref. US election: Trump camp's lawsuit struck down in Pennsylvania.

Published: November 22, 2020).

 

Republicans who have broken with Trump to congratulate Biden on his win

 

“Trump has refused to concede the race, and the vast majority of Republicans in Congress and elsewhere have yet to acknowledge the Democrats' victory” (Ref. Nov. 10, 2020, 11:55 AM PST / Updated Nov. 23, 2020, 3:53 PM PST - By Nicole Via y Rada

https://www.nbcnews.com/politics/2020-election/republicans-who-have-broken-trump-congratulate-biden-his-win-n1247278?icid=recommended

 

For President Trump, defections and gaffes hamper 2020 election court challenges

A longtime Trump ally calls his legal effort "a national embarrassment."

By Matthew Mosk, John Santucci, Alex Hosenball, and Olivia Rubin

24 November 2020, 02:11 by Dan McCue

 

WASHINGTON – Getting a formal concession, finally, might all come down to this.

 

The 3rd U.S. Circuit Court of appeals on Monday granted a request from President Donald Trump’s campaign to consider, on an expedited basis, an appeal of a mere facet of a federal judge’s ruling that denied the campaign the opportunity to challenge the way Pennsylvania conducted its piece of the 2020 presidential election.

 

Specifically, the campaign wants the 3rd Circuit to review whether U.S. District Judge Matthew Brann erred when he refused to allow the campaign to file a second amended complaint on the matter.

 

To most observers’ surprise the 3rd Circuit did not dismiss the matter out of hand, instead giving both sides time to submit briefs on the issues raised. Trump’s team was given until the end of business Monday to do so. Pennsylvania officials were given until the end of the day today.

 

Though some on the Trump side touted that Circuit’s action as a win, it was actually more of a loss. The 3rd Circuit only agreed to consider briefs. In doing so, it effectively denied the campaign’s request to delay certification of the results in Pennsylvania’s 67 counties.

 

State officials carried out that certification Tuesday morning.

 

Meanwhile, the Pennsylvania Voters Alliance and a group of conservative Republicans, including a number of state House members, filed an appeal on Monday of Brann’s denial of their motion to intervene on behalf of the Trump campaign.

 

Brann ruled the motion was moot after he dismissed the Trump campaign case.

 

Could it be, the president just got tired of “winning”?

 

The president has now lost 35 of the 43 of the post election cases alleging election fraud or other irregularities that he’s brought in six states since the election, according to a Twitter tally maintained by  Marc Elias, a Democratic election lawyer.

 

And he’s won only two.

 

Trump’s filling in the 3rd Circuit seemed to acknowledge both that the president’s legal battle over the election is now nearly over and that Tuesday’s certification of the vote in Pennsylvania was a foregone conclusion.

 

He specifically asked the appeals court to block the “effects” of certification, namely that it would make Biden the absolute winner of the contest.

 

“This action is of nationwide importance because of the consequences of flawed election processes in the election for the president of the United States in the Commonwealth, which could turn the election in favor of either candidate,” the filing said.

 

A ruling by the 3rd Circuit on whatever documents are ultimately filed by the parties could prompt an appeal to the U.S. Supreme Court.

 

But this again would be mostly grasping at straws, because there is absolutely no guarantee the high court would choose to hear an appeal in the case — especially if the outcome in Pennsylvania could not possibly swing the election.

 

Biden, who won Pennsylvania by more than 80,000 votes, now leads in enough other states to secure the presidency.

 

What follows is a synopsis of some of the highest profile cases in this strange post-election legal odyssey.

 

Pennsylvania

 

State Court Cases

 

Pennsylvania was the state that put Joe Biden over the top in the Electoral College. The President-elect’s margin of victory in the state is 80,810 votes.

The state first court case was Donald J Trump for President, Inc v. Kathy Boockvar and County Boards of Elections

 

The main issue in the case revolves around a guidance Boockvar issued, allowing voters to fix mail ballot ID issues by November 12, three days after the deadline under state law.

 

In Pennsylvania, voters can fix or “cure” minor issues with their ballots after election day, and county election boards take the effort to alert voters to these correctable issues seriously.

 

Boockvar’s guidance was in line with a three-day extension to mail ballot deadlines ordered by the Pennsylvania Supreme Court, a decision that is the subject of continued litigation at the U.S. Supreme Court.

 

The Trump campaign sued to prevent the counting of any mail ballots where the ID was cured in the extended period set out by Boockvar.

 

A state judge granted the campaign’s request, but the number of ballots affected are too small to affect the outcome of the race.

 

The second big state court case was: In re: Canvassing Observation

 

Think of this one as the COVID case. Votes in Philadelphia were counted at the Pennsylvania Convention Center, where local election officials imposed social-distancing rules to try to prevent the spread of the coronavirus.

 

The rules limited how close election observers could get to the poll workers as they counted ballots. Meanwhile, the count was also live-streamed to allow for virtual observation.

 

The Trump campaign sued for the right to stand as close as 6 feet away. A state trial court denied the request, but a state appeals court sided with the campaign.

Philadelphia appealed to the Pennsylvania Supreme Court. On Nov. 17, the state high court ruled against the Trump campaign.

 

The majority in the 5-2 decision found that Philadelphia complied with state election law. The two dissenters said the issue was moot.

 

Pennsylvania Chief Justice Thomas Saylor, one of the dissenters, criticized the idea that votes might be tossed out on the basis of the election observers issue.

 

“Short of demonstrated fraud, the notion that presumptively valid ballots cast by the Pennsylvania electorate would be disregarded based on isolated procedural irregularities that have been redressed — thus disenfranchising potentially thousands of voters — is misguided,” he wrote.

 

No one knows whether a single vote would have been changed had the outcome of the case been different.

 

The third case:  In re: Canvass of Absentee and Mail-In Ballots of November 3, 2020 General Election.

 

In a sign that they were really, really, really trying to turn the tide in Pennsylvania, the Trump campaign then challenged the validity of 8,329 votes in Philadelphia through five cases in the state’s courts of common pleas, alleging that the mail ballots were unlawful because the voters had failed to write certain information on the envelopes, such as the date or their name and address.

 

All five of the cases were tossed on November 13.

 

The judge noted that “the pre-printed ballot already contains the elector’s name and address on the pre-printed exterior envelope” and said there was no requirement for voters to write the date.

 

The Trump campaign has appealed.

 

The fourth state case: Donald J. Trump for President v. Montgomery County Board of Elections

The Trump campaign also challenged the validity of 592 ballots in Montgomery County, on similar grounds to the Philadelphia case, alleging that ballots that did not have handwritten addresses on the envelope were invalid.

 

A state judge on November 13 rejected the lawsuit. The Trump campaign initially filed a notice of appeal but later withdrew it.

 

The fifth case: Donald J. Trump for President v. Bucks County Board of Elections

 

The Trump campaign challenged the validity of 2,177  ballots in Bucks County.

 

Both parties agreed to a stipulation that there was no fraud affecting any of the ballots. On November 19, a trial judge ruled against the campaign.

 

Federal court cases

 

Donald J Trump For President, Inc et al v. Boockvar et al

 

This is the case that Trump lost before Judge Brann and is now, as of this writing, in the hands of the 3rd Circuit.

 

As originally filed, the lawsuit raised a broad swath of alleged irregularities, so many that its main claim was that Pennsylvania’s entire election process was fundamentally unconstitutional.

 

As already mentioned, the case sought to prevent the state from certifying its results. At one point the Trump campaign told the court it wanted “the remedy of Trump being declared the winner” in Pennsylvania.

 

The lawsuit claimed that ballots were treated differently in different counties, that voters were improperly allowed to fix issues with defective ballots, and that large collections of mail ballots were unlawfully counted.

 

The case included claims about how close observers could stand to poll workers, and allegations from a Pennsylvania postal worker that his supervisor tampered with mail ballots. The worker walked back the claims when interviewed by United States Postal Service investigators.

 

On November 15, the Trump campaign amended its lawsuit, striking out its complaints about poll observers. Three days later, the campaign said it would put back those claims, telling the court they were “inadvertently deleted.”

 

Pennsylvania said the lawsuit was brought “on the basis of repeatedly rejected legal theories and no evidence.”

 

Two separate teams of lawyers representing the Trump campaign resigned from the case.

 

Rudy Giuliani, the former New York City mayor, then took over representing the Trump campaign in the case.

 

But the November 17 hearing before Judge Brann was something of an unmitigated disaster.

 

The hearing was the first time Giuliani had represented a client in federal court in almost three decades and it showed.

 

In short order, he forgot the name of an opposing lawyer, misstated the name of the presiding judge and mistook the meaning of the word “opacity.”

 

During several hours of arguments, Brann told Giuliani that agreeing with him would disenfranchise the more than 6.8 million Pennsylvanians who voted.

 

“Can you tell me how this result could possibly be justified?” Brann questioned. Giuliani responded, “The scope of the remedy is because of the scope of the injury.”

 

But most of Giuliani’s time in court was spent baselessly claiming that a wide-ranging scheme in Pennsylvania and elsewhere stole the election from Trump in battleground states won by Biden.

 

Democrats in control in major cities in those states — Giuliani name-checked Philadelphia, Pittsburgh, Atlanta, Las Vegas, Phoenix, Milwaukee and Detroit — prevented Republican observers from watching election workers process mail-in ballots so the workers could falsify enough ballots to ensure Trump lost, Giuliani claimed, without evidence to back it up.

 

“The best description of this situation is widespread, nationwide voter fraud, of which this is a part. … This is not an isolated case, this is a case that is repeated in at least 10 other jurisdictions,” Giuliani said, without citing any evidence.

 

Later, he claimed, “they stole the election.”

 

It was while on a break in this hearing that the Trump campaign learned the Pennsylvania Supreme Court had ruled Philadelphia officials had given Republican observers sufficient access to the vote counting, without allowing them within 6 feet.

 

The second federal lawsuit: Donald J Trump for President, Inc v. Philadelphia County Board of Elections.

 

While Pennsylvania was still tallying votes, the Trump campaign rushed into federal court seeking an emergency injunction to stop the count in Philadelphia.

It claimed its observers were not allowed to be present in the counting room.

 

At an expedited emergency hearing, however, the campaign’s lawyer admitted that, in fact, some of its observers were present.

 

“I’m sorry, then what’s your problem?” the judge asked.

 

The case was settled at the hearing with an agreement that Republicans and Democrats could have up to 60 observers each in the counting room.

 

All of this for 20 electoral votes.

 

Michigan

 

Michigan election officials certified Democrat Joe Biden’s 154,000-vote victory in the state on Monday.

 

The Board of State Canvassers, which has two Republicans and two Democrats, confirmed the results on a 3-0 vote with one abstention.

 

State court cases

 

Donald J Trump for President, Inc et al v. Jocelyn Benson

 

Under Michigan law, ballot drop boxes must be monitored by video surveillance cameras.

 

The Trump campaign sued to stop the counting of absentee ballots because it claimed that its observers had the right to view all video footage of the drop boxes before the ballots could be counted.

 

The lawsuit also included claims from a poll watcher who had heard from a poll worker that they had been told by other poll workers to change the dates on late ballots.

 

The judge denied the request to stop the count, calling the poll watcher’s claims “inadmissible hearsay within hearsay” and noting that the Trump campaign had not cited any Michigan law that required drop box video footage to be provided for review to election observers.

 

The Trump campaign appealed the ruling. The appeal was initially rejected because the filing did not follow Michigan judicial rules for appeals.

 

Federal court case

 

Donald J Trump for President, Inc et al v. Jocelyn Benson et al

 

The Trump campaign’s lawsuit alleged that Michigan state officials had allowed “fraud and incompetence to corrupt the conduct of the 2020 general election.”

It included more than 100 affidavits from Republican observers who claimed they witnessed election irregularities and were denied the chance to meaningfully observe the count.

 

Many of the allegations related to Wayne County, which includes Detroit.

 

The Democratic attorney general of Michigan, Dana Nessel, has called the case “baseless,”adding: “If I ever walked into court with claims this baseless and this frivolous, I would be sanctioned.”

 

On November 19, the Trump campaign voluntarily dismissed the case, effectively claiming it had won.

 

The move came after the Wayne County board of canvassers, which has two Republicans and two Democrats, two days earlier initially deadlocked on certifying the county’s votes before unanimously approving them.

 

The two Republican board members suggested in affidavits filed in the case that they wanted to rescind their votes to certify Wayne County’s results.

 

Nevada

 

Biden won the state of Nevada by 33,596 votes. The election inspired two federal court cases not brought by Trump, but by allies.

Stokke et al v. Cegavske et al

 

Two voters, a poll observer and elected officials, backed by the Trump campaign, claimed there were problems with an automated signature verification machine in Clark County, the largest in the state and the home to Las Vegas.

 

One of them, Jill Stokke, said at a Trump campaign news conference, “I went to vote and was told I already voted.”

 

The Clark County registrar of voters, Joe Gloria, investigated Stokke’s complaint and said that the signature on her absentee ballot appeared to match the one in the voter file, but gave her the option of challenging that vote and casting a provisional ballot.

 

Stokke refused.

 

U.S. District Judge Andrew Gordon tossed the lawsuit on Nov. 6 on the grounds the plaintiffs had no evidence to show that the signature-matching machines affected their ballot.

 

Jesse Law et al, as candidates for presidential electors on behalf of Donald J. Trump v. Judith Whitmer, et al, as candidates for presidential electors on behalf of Joseph R. Biden.

 

The Trump campaign filed a lawsuit targeting Nevada’s six presidential electors, who are planning to cast their votes for President-elect Joe Biden, including one woman who claims she’s a homeless military veteran.

 

The suit seeks to invalidate the state’s vote tally by claiming “substantial irregularities, improprieties and fraud” and naming the Biden-pledged electors individually as defendants.

 

One of them, Gabrielle d’Ayr, took to Twitter to criticize the claims by representatives of President Donald Trump.

 

“DJT continues his assault on the active duty & vets of Nevada by both attempting to invalidate their absentee votes, & now suing a homeless Navy Vet,” d’Ayr said in a tweet. “Enough is enough.”

 

“Once again, they are repeating allegations the courts have already rejected, misstating and misrepresenting evidence provided in those proceedings, and parroting erroneous allegations made by partisans without first-hand knowledge of the facts,” Clark County, Nevada spokesman Dan Kulin said in a statement.

 

Arizona

 

Donald J Trump for President, Inc et al vs. Katie Hobbs et al

 

The Trump campaign claimed that some ballots in Maricopa County were filled out with Sharpie pens.

 

A handful of voters and a poll observer said they saw bleeding ink on these ballots, causing an “overvote” on the other side, and that poll workers were instructed to press a green button on the scanner to accept the votes despite the error.

 

The suit sought to prevent the supposed “overvotes” from being included in the tally until they are reviewed.

 

The number of “over-votes” of any kind in the Arizona presidential race was 191.

 

At a hearing on Nov. 12, the lawyer representing the Trump campaign admitted that one of their witnesses was his business partner, and that they knew some of the witness affidavits the campaign had collected via an online form were effectively spam.

 

Asked during the hearing why she believed her vote was not counted, one witness answered, “I’m not sure.”

 

The Trump campaign dropped the suit because Arizona had finished counting its votes and the margin was far greater than the number of over-votes.

https://abcnews.go.com/US/president-trump-defections-gaffes-hamper-2020-election-court/story?id=74367708

 

Election Fraud Cases

https://www.heritage.org/voterfraud/search?state=PA

 

US appeals court rejects another Trump lawsuit in Pennsylvania

27 Nov 2020

 

Trump case alleging voter fraud is dismissed in Pennsylvania, but his lawyers vow to appeal to the US Supreme Court.

 

A federal appeals court in Philadelphia on Friday rejected President Donald Trump’s latest effort to challenge the election results by blocking President-elect Joe Biden from being declared the winner of Pennsylvania.

 

Trump’s lawyers vowed to appeal to the Supreme Court despite the judges’ assessment that the “campaign’s claims have no merit.”

 

The 3rd US Circuit Court of Appeals echoed a string of other courts in finding the Trump campaign offered no evidence of any election fraud.

 

Trump’s campaign has repeatedly alleged election irregularities that amount to fraud, without evidence.

 

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” Judge Stephanos Bibas, a Trump appointee and former law school professor, wrote in the decision for the three-judge panel.

 

The ruling is the latest in a series of blows to Trump’s efforts to overturn the results of the election. Most leading media outlets have called the race for Biden, who has won 306 Electoral votes, far more than the 270 necessary to win.

 

Soon after Friday’s ruling, Trump posted a video from Newsmax on Twitter about alleged voter fraud in Nevada. https://www.independentespanol.com/?utm_source=redirect?utm_source=redirect

 

Donald Trump still believes US election was ‘rigged’

The president continues to claim he defeated Joe Biden, despite evidence to the contrary.

By Steve Chaggaris

25 Nov 2020

 

US President Donald Trump publicly declared himself the winner of the presidential election Wednesday and called for it to be “turned around” while unleashing a litany of debunked theories and falsehoods as evidence of his victory.

 

“This was an election that we won easily. We won it by a lot,” he told a meeting of the Pennsylvania Senate Majority Policy Committee by phone.

 

“This election was rigged and we can’t let that happen; we can’t let it happen for our country and this election has to be turned around because we won Pennsylvania by a lot, and we won all of these swing states by a lot,” Trump said.

 

The president has been tweeting many of these claims since Election Day and especially since Joe Biden was declared president-elect on November 7. But this was the first time he has spoken publicly about the results since his last post-election news conference on November 5.

 

Trump’s lawyers, Rudy Giuliani and Jenna Ellis, were at Wednesday’s meeting in Gettysburg, Pennsylvania, which also featured various witnesses from across the state who claimed voter fraud and irregularities.

 

The president, who said he was calling from the Oval Office and was watching the proceedings on television, spoke for just over 11 minutes and outlined his reasons why he was convinced that the Democrats “cheated” and won a “fraudulent election”. Every one of his justifications has been debunked and almost all of the lawsuits his legal team has filed have been tossed out of court.

 

A Pennsylvania judge issued an order halting any further Pennsylvania vote certification until a hearing on Friday in a case brought by Pennsylvania Republicans, separate to that of Trump’s campaign claims.

 

Among Trump’s unfounded claims on Wednesday:

 

Trump’s Claim: “Anybody watching television the night of the election was saying, I was called by the biggest political people, ‘congratulations sir on a big win,’ and all of a sudden ballots were dumped all over the place and a lot of horrible things happened.”

 

Fact: Ballots were not being “dumped all over the place”; they were simply being counted, in some cases later than they normally would due to rules in some states that mail-in ballots could not be processed until Election Day or, in others, until after polls closed. The late-count phenomenon was well known and predicted long in advance of the election and there is no evidence of anything illegal behind it.

 

Trump’s Claim: “Between the voter suppression and all of the horrible things that happened to poll watchers … the poll watchers weren’t allowed to watch. … If you were a Republican poll watcher, you were treated like a dog and the Democrats had no problem.”

 

Fact: As The Associated Press has reported, “Trump is wholly misrepresenting a court case in [Pennsylvania] and what happened at voting places. No one tried to ban poll watchers representing each side in the election. Democrats did not try to stop Republican representatives from being able to observe the process.” In addition, the Pennsylvania Supreme Court last week upheld a lower court’s ruling that Philadelphia “officials had given Republican observers sufficient access to the vote counting, without allowing them within 6 feet,” the Associated Press reported.

 

Trump’s Claim: “We got 74 million votes, and if you would’ve said 74 million votes the day before the election, every single professional in the business would have said there’s no way of beating that.”

 

Fact: Due to the surge in early voting, there were many predictions that overall turnout would be record-breaking. The New York Times reported on October 31, “Over all, the early turnout has set the country on course to surpass 150 million votes for the first time in history.” On October 17, The Associated Press wrote, “Americans’ rush to vote is leading election experts to predict that a record 150 million votes may be cast and turnout rates could be higher than in any presidential election since 1908.” It should not have been a surprise to anybody that a presidential candidate could have received more than 74 million votes.

Trump’s Claim: “People were getting two and three and four ballots in their home. People that were dead were signing up for ballots.”

 

Fact: “In battleground states that Trump needed to win to secure a second term, there has been an influx of claims about illegally cast ballots — including some that say dead people voted in the election. Those claims haven’t panned out,” reports Politifact.

 

Trump’s Claim: “You look at Michigan with Detroit, you look at what happened in Detroit, where you have a voter, but you have more votes than you have voters.”

 

Fact: “According to unofficial election results on the City of Detroit’s website, on Nov. 5, there were 250,138 votes cast and 504,714 registered voters. Detroit has an estimated population of 670,000,” reports The Associated Press. Poll books in some Detroit precincts revealed that “the number of names recorded in poll books did not match the number of ballots counted.” But that numbered in the hundreds, and that is attributed to human error, something that happens in every election.

 

After laying all of this out, Trump has maintained, “it’s a very sad thing for our country to have this. And they have to turn over the result.”

The fact is there has been no overwhelming evidence to convince state elections officials or judges to completely halt vote certification, throw out ballots or most certainly “turn over” the will of American voters.

 

Source : Al Jazeera and News agencies

 

https://www.aljazeera.com/news/2020/11/25/donald-trump-still-believes-us-election-was

 

Biden says Trump admin not ‘begrudging so far’ in transition

 

Trump pardons former National Security Adviser Michael Flynn

 

Trump’s vote fraud claims draw continued scrutiny from Twitter

 

Trump’s fury grows as US election loss becomes unequivocal

 

Trump agrees transition to Biden administration can begin

 

Trump continues fight in Wis., Pa.: ‘We have found many illegal votes’

 

'The Wisconsin recount is not about finding mistakes in the count, it is about finding people who have voted illegally'

By Morgan Phillips | Fox News

 

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Fox News Flash top headlines for Nov. 28

 

Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com.

 

President Trump promised to challenge the Wisconsin vote count after the recount there, and said his campaign is disputing a number of votes larger than President-elect Joe Biden's winning margin.  

placeholder

“The Wisconsin recount is not about finding mistakes in the count, it is about finding people who have voted illegally, and that case will be brought after the recount is over, on Monday or Tuesday. We have found many illegal votes. Stay tuned!” the president tweeted Saturday afternoon.

 

Biden picked up 132 more votes after an election recount in Milwaukee County, one of two places in Wisconsin where Trump spent $3 million to force a recount.

 

In Dane County, another Democratic stronghold in Wisconsin, votes are still being tallied in a count expected to last into the weekend, but Trump has gained 68 votes over Biden so far.

 

Trump is gearing up for yet another legal battle, this time to toss tens of thousands of ballots in the state Biden clinched by nearly 20,600 votes, with margins in Milwaukee and Dane counties about 2-to-1 for the Democrat.

 

The deadline to certify the votes, which will be done by the Democratic chair of the bipartisan Wisconsin Election Commission, is Tuesday, but the Wisconsin Voters Alliance, a conservative group, has filed a lawsuit against election officials, seeking to block the process

 

TRUMP CAMPAIGN EYES SUPREME COURT BATTLE AFTER APPEALS PANEL TOSSES PA FRAUD CASE 

 

Later Saturday, the president tweeted about Pennsylvania, saying he could prove fraud.

placeholder

“Specific allegations were made, and we have massive proof, in the Pennsylvania case. Some people just don’t want to see it. They want nothing to do with saving our Country. Sad!!!” Trump said. 

 

“The number of ballots that our Campaign is challenging in the Pennsylvania case is FAR LARGER than the 81,000 vote margin. It’s not even close. Fraud and illegality ARE a big part of the case. Documents being completed. We will appeal!” he continued. 

 

The Trump campaign has been looking ahead to a potential Supreme Court case after a panel of federal appeals judges in Pennsylvania dismissed the campaign's lawsuit claiming voter fraud in the presidential election.

 

“The campaign’s claims have no merit,” the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled Friday, despite Trump lawyer Rudy Giuliani arguing to a lower court that widespread voter fraud occurred in a state where President-elect Joe Biden won by just over 80,000 votes.

 

The Trump campaign has the option of asking the U.S. Supreme Court for emergency injunctive relief, which would go to Justice Samuel Alito, who would then likely ask his eight colleagues to weigh in. 

 

BIDEN GETS BOOST FROM WISC. RECOUNT THAT COST TRUMP $3M 

 

"The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!," Jenna Ellis, Trump's attorney and campaign adviser, said in a statement on Twitter after the court ruling. 

 

Meanwhile, Trump’s attorneys have targeted absentee ballots in which voters identified themselves as “indefinitely confined," allowing them to cast an absentee ballot without showing a photo ID; ballots that have a certification envelope with two different ink colors, indicating a poll worker may have helped complete it; and absentee ballots that don't have a separate written record for the request, such as in-person absentee ballots.

 

Election officials have tallied those ballots during the recount but marked them as exhibits at the request of the Trump campaign.

 

CLICK HERE FOR THE FOX NEWS APP

 

Trump’s campaign challenges have failed in courts elsewhere, with experts widely concurring that there's no proof of GOP claims of widespread voter fraud. Legal efforts to date have been unsuccessful in Arizona, Georgia, Michigan, Nevada and Pennsylvania. Fox News' Vandana Rambaran contributed to this report. https://www.foxnews.com/politics/trump-fight-wis-pa-illegal-votes

 

Articles about 2020 elections

 

What happens now?

What Trump could do after leaving the White House

Making history - the first woman vice-president

How is President Trump challenging the result?

What Biden's victory means for rest of world

Election results in full

 

Related Topics

 

US election 2020

Michigan

Joe Biden

Pennsylvania

Georgia

Donald Trump

 

US election: Trump falsely claims victory - 'The campaign, which I won, by the way'

US election 2020: Fact-checking Trump team's main fraud claims

Attention-loving Trump disappears in final days of term

US election results: Can Trump overturn the outcome?

US election: Trump denial 'incredible irresponsibility' - Biden

Melania Trump's hometown in Slovenia hopes its fame will last

https://www.bbc.com/news/election-us-2020-55030617

 

Trump and Giuliani participate in hearing on voter fraud in Pennsylvania (Nov. 25) | NTD https://www.youtube.com/watch?v=ZYtwfyi78Bs

 

Pennsylvania Election Fraud Exposed

 

"TRUMP WILL WIN" President Trump Legal Team Hearing On Pennsylvania Ballots | News NOW From FOX – November 25,  2020

https://www.youtube.com/watch?v=Dc-HQyBm8GU

 

Mailed out ballots allows greater opportunity to change votes.

 

No republicans were allowed to observe 682,770 ballots mailed in and entered as votes in Allegan, Philadelphia and a couple other counties, Pennsylvania. Outer envelopes should be suspended to verify signatures. Under State law these ballots are not valid -- illegal. 96% of observers were 1,200 to 1,500 feet away.

 

1,823,148 million Ballots that included Absentee ballots were mailed out.

 

1.4 million Ballots that included Absentee ballots were received back.

 

2.5 million Ballots that included Absentee ballots were returned.

 

700,000 ballots more than mailed out were counted.

 

2,589,242 ballots were counted for President – removed from state

 

22,686 ballots were returned the day they were mailed

 

20,000 returned before they were mailed out.

 

32,591 ballots were returned the day after they were mailed.

 

4,984 ballots never requested

 

8,021 dead people mailed in ballots from dead people

 

30,000 dead people voted in person. Checking the registry of Philadelphia’s cemeteries is now necessary.

 

Witnesses point out irregular activities that made the election not safe or transparent.

 

Witnesses pointed out spikes in votes for Biden that were not statistically possible due to the time it takes to process ballots.

 

Dominion Voting Systems capabilities were discussed by experts and we were told the systems in the machines could be used to easily change votes with a usb flash drive and off site remote access. Evidences alleged manipulation of ballots that changed votes or created votes for Biden. A forensic expert witness witnessed 24 times the Warehouse Supervisor using usb flash drives. 47 usb flash drives are missing from Delaware County.

 

A forensic expert and democrat witness also witnessed 70,000 ballots not counted. The forensic expert witness also claimed votes changed from 120,000 to 200,000 votes.

 

Multiple evidences reported. County Sheriff of Delaware County was informed data on the hard drives needs to be examined. Record logs disappeared in Delaware County as well.

 

Election Fraud Cases

https://www.heritage.org/voterfraud/search?state=PA

 

US appeals court rejects another Trump lawsuit in Pennsylvania

27 Nov 2020

 

Trump case alleging voter fraud is dismissed in Pennsylvania, but his lawyers vow to appeal to the US Supreme Court.

 

A federal appeals court in Philadelphia on Friday rejected President Donald Trump’s latest effort to challenge the election results by blocking President-elect Joe Biden from being declared the winner of Pennsylvania.

 

Trump’s lawyers vowed to appeal to the Supreme Court despite the judges’ assessment that the “campaign’s claims have no merit.”

 

The 3rd US Circuit Court of Appeals echoed a string of other courts in finding the Trump campaign offered no evidence of any election fraud.

 

Trump’s campaign has repeatedly alleged election irregularities that amount to fraud, without evidence.

 

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” Judge Stephanos Bibas, a Trump appointee and former law school professor, wrote in the decision for the three-judge panel.

 

The ruling is the latest in a series of blows to Trump’s efforts to overturn the results of the election. Most leading media outlets have called the race for Biden, who has won 306 Electoral votes, far more than the 270 necessary to win.

 

Soon after Friday’s ruling, Trump posted a video from Newsmax on Twitter about alleged voter fraud in Nevada. https://www.independentespanol.com/?utm_source=redirect?utm_source=redirect

 

Fox News Flash top headlines for Nov. 28

 

Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com.

 

President Trump promised to challenge the Wisconsin vote count after the recount there, and said his campaign is disputing a number of votes larger than President-elect Joe Biden's winning margin.  

placeholder

“The Wisconsin recount is not about finding mistakes in the count, it is about finding people who have voted illegally, and that case will be brought after the recount is over, on Monday or Tuesday. We have found many illegal votes. Stay tuned!” the president tweeted Saturday afternoon.

 

Biden picked up 132 more votes after an election recount in Milwaukee County, one of two places in Wisconsin where Trump spent $3 million to force a recount.

 

In Dane County, another Democratic stronghold in Wisconsin, votes are still being tallied in a count expected to last into the weekend, but Trump has gained 68 votes over Biden so far.

 

Trump is gearing up for yet another legal battle, this time to toss tens of thousands of ballots in the state Biden clinched by nearly 20,600 votes, with margins in Milwaukee and Dane counties about 2-to-1 for the Democrat.

 

The deadline to certify the votes, which will be done by the Democratic chair of the bipartisan Wisconsin Election Commission, is Tuesday, but the Wisconsin Voters Alliance, a conservative group, has filed a lawsuit against election officials, seeking to block the process

 

TRUMP CAMPAIGN EYES SUPREME COURT BATTLE AFTER APPEALS PANEL TOSSES PA FRAUD CASE 

 

Later Saturday, the president tweeted about Pennsylvania, saying he could prove fraud.

placeholder

“Specific allegations were made, and we have massive proof, in the Pennsylvania case. Some people just don’t want to see it. They want nothing to do with saving our Country. Sad!!!” Trump said. 

 

“The number of ballots that our Campaign is challenging in the Pennsylvania case is FAR LARGER than the 81,000 vote margin. It’s not even close. Fraud and illegality ARE a big part of the case. Documents being completed. We will appeal!” he continued. 

 

The Trump campaign has been looking ahead to a potential Supreme Court case after a panel of federal appeals judges in Pennsylvania dismissed the campaign's lawsuit claiming voter fraud in the presidential election.

 

“The campaign’s claims have no merit,” the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled Friday, despite Trump lawyer Rudy Giuliani arguing to a lower court that widespread voter fraud occurred in a state where President-elect Joe Biden won by just over 80,000 votes.

 

The Trump campaign has the option of asking the U.S. Supreme Court for emergency injunctive relief, which would go to Justice Samuel Alito, who would then likely ask his eight colleagues to weigh in. 

 

BIDEN GETS BOOST FROM WISC. RECOUNT THAT COST TRUMP $3M 

 

"The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!," Jenna Ellis, Trump's attorney and campaign adviser, said in a statement on Twitter after the court ruling. 

 

Meanwhile, Trump’s attorneys have targeted absentee ballots in which voters identified themselves as “indefinitely confined," allowing them to cast an absentee ballot without showing a photo ID; ballots that have a certification envelope with two different ink colors, indicating a poll worker may have helped complete it; and absentee ballots that don't have a separate written record for the request, such as in-person absentee ballots.

 

Election officials have tallied those ballots during the recount but marked them as exhibits at the request of the Trump campaign.

 

CLICK HERE FOR THE FOX NEWS APP

 

Trump’s campaign challenges have failed in courts elsewhere, with experts widely concurring that there's no proof of GOP claims of widespread voter fraud. Legal efforts to date have been unsuccessful in Arizona, Georgia, Michigan, Nevada and Pennsylvania. Fox News' Vandana Rambaran contributed to this report. 

https://www.foxnews.com/politics/trump-fight-wis-pa-illegal-votes

 

 

 

 

 

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