Houston Chronicle

Litigating the election

-

President Donald Trump has shown nothing like systemic fraud in any of the lawsuitsth­at his campaign and allies have filed since Election Day as they seek to block certificat­ion of Joe Biden’s victory in the Electoral College. The suits include allegation­s of fraud or depend on the theory that difference­s among counties in verifying or including absentee ballots amount to a violation of a voter’s constituti­onal right to equal protection. Here is a rundown of the cases and their statuses.

MICHIGAN

Costantino v. Detroit

Filed : Nov. 9

Claim: The plaintiffs were two poll challenger­s— representa­tives of the Republican Party allowed to monitor the vote counting — who alleged fraud and misconduct during the vote count. The lawsuit asked the court to block certificat­ion of the election results inWayne County (which includes Detroit), where more than 867,000 people voted.

The plaintiffs claimed that election workers were instructed “to not verify signatures on absentee ballots, to backdate absentee ballots, and to process such ballots regardless of their validity.” Status: Chief Judge Timothy Kenny denied the petition Nov. 13. Donald J. Trump for President Inc. v. Benson

Filed : Nov. 11

Claim: This is a federal suit that repeats the claims in Costantino v. Detroit.

Status: On Thursday, the Trump campaign dropped the suit.

Bally v. Whitmer

Filed: Nov. 11

Claim: Four voters sought to exclude all of the votes cast in three counties fromMichig­an’s total based on allegation­s of fraud and irregulari­ties.

Context: This is one of the four suits brought by James Bopp, a conservati­ve lawyer. The suits all claim that the unverified accounts of fraud amount to a violation of the plaintiffs’ right to equal protection, by “diluting” the power of their votes.

Status: On Monday, the suit was dropped.

Johnson v. Benson

Filed: Sunday

Claims: Two voters who were also poll challenger­s in Detroit made allegation­s about the counting process similar to the ones that Judge Kenny rejected in Costantino v. Detroit.

Status: The plaintiffs dropped their suitWednes­day.

Donald J. Trump for President Inc. v. Benson

Filed: Nov. 4

Claim: During the ballot counting in Michigan, the Trump campaign sued to stop it. In an affidavit, one poll watcher said another told her that she was told by still other poll workers to change the date on which a ballot was received. Status: Judge Cynthia Stephens dismissed the suit on Nov. 5, characteri­zing it as hearsay. Stoddard, et.al. v City Election Commission of the City of Detroit Filed : Nov. 4

Claim: A Republican poll challenger and the Election Integrity Fund, a nonprofit organizati­on, sued to stop election workers in Detroit fromhand-duplicatin­g ballots that could not be read by a machine.

Status: Judge Kenny dismissed the suit on Nov. 6.

PENNSYLVAN­IA

In re: Canvass of Absentee and Mail-In Ballots of Nov. 3, 2020, General Election

Filed: Nov. 10

Claim: On behalf of a voter, the Trump campaign appealed the decision by the Philadelph­ia County Board of Elections to count five categories of mail-in ballots. Pennsylvan­ia law provides that votersmust sign and “fill out” an outer envelope (as well as include an inner security envelope when they return their ballots). This suit challenges 8,349 ballots with minor errors on the outer envelopes.

Status: On Friday, Judge James Crumlish denied all of the challenges.

Pirkle v. Wolf

Filed : Nov. 10

Claim: Four voters sought to block all votes fromPhilad­elphia, Montgomery, Delaware and Alle

gheny Counties from being included in the state total, claiming that the state violated the right to equal protection by allowing differing absentee balloting practices among counties.

Context: The election systemin the United States is highly decentrali­zed and gives considerab­le authority to state and county officials over how to run elections. As a result, it is common for states to allow some variation in local election practices.

Status: On Monday, the case was dropped, along with the other three brought by Bopp.

Donald J. Trump for President v. Boockvar

Filed: Nov. 9

Claim: The Trump campaign is seeking to block the certificat­ion of the Pennsylvan­ia election, alleging fraud in mail-in balloting, insufficie­nt access for poll observers and varying procedures for curing ballots among different counties.

Context: On Election Day, Judge Paul Diamond granted a modest accommodat­ion, ordering the city election commission to allow poll observers tomove closer to the counting.

Status: Pending.

Donald J. Trump for President Inc. v. Bucks County Board of Elections Filed : Nov. 9

Claim: The Trump campaign and others appealed the decision of the Bucks County Board of Elections to count 2,175 ballots with minor errors on the outer envelope. The suit also challenged 76 ballots that arrived in unsealed inner envelopes or with markings on them.

Status: Pending.

Donald J. Trump for President Inc. v. Montgomery County Board of Elections

Filed : Nov. 5

Claim: The Trump campaign and others sued the Montgomery County Board of Elections for notifying voters before Election Day to allow them to fill in missing informatio­n on ballot envelopes.

Status: On Nov. 13, Haaz denied the petition.

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

Filed : Nov. 4

Claim: The Trump campaign and others challenged guidance that Boockvar provided to counties before the election, allowing them to tell absentee voters they had until Nov. 12 to providemis­sing proof of identifica­tion.

Context: Pennsylvan­ia law normally sets a deadline for six days after the election, Nov. 9 this year, for providing missing voter ID. Boockvar, the secretary of state, extended the deadline to Nov. 12. The extension applied to only a small number of ballots with missing ID that arrived between Nov. 3 and Nov. 6.

Status: On Nov. 12, Judge Mary Hannah Leavitt ordered this narrow category of ballots to be excluded from the state count. This is the Trump campaign’s only win so far in postelecti­on litigation.

Republican Party of Pennsylvan­ia v. Boockvar

Filed : Nov. 6

Claim: The Pennsylvan­ia Republican Party asked the Supreme Court to block the counting of ballots received between the end of Election Day and Nov. 6. Context: In September, the Pennsylvan­ia Supreme Court ruled that these ballots could be counted if they were postmarked by Nov. 3. In October, in a 4-to-4 split, the U.S. Supreme Court let the state court ruling stand. The late-arriving ballots were segregated from the rest of the count.

In the end, there were fewer than 10,000 such votes. They have not been included in the reported state total.

Status: On Friday, the U.S. Court of Appeals for the Third Circuit ruled that the plaintiffs did not have standing. The Supreme Court has yet to say whether it will hear an appeal.

ARIZONA

Donald J. Trump for President Inc. v. Hobbs

Filed : Nov. 9

Claims: The Trump campaign claimed that some ballots in Maricopa County were filled out with bleeding Sharpie pens, causing an “overvote” on the other side.

Status: On Friday, the Trump campaign dropped the suit.

NEVADA

Stokke v. Cegavske

Filed : Nov. 5

Claims: 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.

Status: Judge Andrew Gordon denied the plaintiff’s request on Nov. 6 for lack of evidence.

Law v. Whitmer

Filed: Tuesday

Claims: Without evidence, several voters, on behalf of the Trump campaign, alleged impropriet­ies and fraud in the election system of Clark County. The plaintiffs objected to the use of a sorting and scanningma­chine used for signature verificati­on.

Status: Pending.

GEORGIA

Brooks v. Mahoney

Filed : Nov. 11

Claim: Four Republican voters sued over the process of absentee vote counting in several Georgia counties, seeking to exclude all of the votes cast in them fromthe state total.

Status: On Monday, the case was dropped, along with the other three brought by Bopp.

In re: enforcemen­t of election laws Filed: Nov. 4

Claim: The Trump campaign sued to prevent ballots frombeing counted if they were received after 7 p.m. on Election Day. Status: Judge James Bass dismissed the case on Nov. 5 for lack of evidence.

WISCONSIN

Langenhors­t v. Pecore

Filed: Nov. 12

Claim: Four voters sought to exclude all of the votes cast in three counties fromWiscon­sin’s total based on difference­s in absentee voting rules among the counties.

Status: On Monday, the case was dropped, along with the other three brought by Bopp.

 ??  ?? President Donald Trump’s campaign and allies have failed in most of their lawsuits over election results.
President Donald Trump’s campaign and allies have failed in most of their lawsuits over election results.

Newspapers in English

Newspapers from United States