The Morning Call (Sunday)

Federal judge dismisses Trump campaign’s Pennsylvan­ia lawsuit

- By Marc Levy

HARRISBURG — A federal judge in Pennsylvan­ia on Saturday threw out a lawsuit filed by President Donald Trump’s campaign, dismissing its challenges to the battlegrou­nd state’s poll-watching law and its efforts to limit how mail-in ballots can be collected and which of them can be counted.

The ruling by U.S. District Judge J. Nicholas Ranjan — who was appointed by Trump — in Pittsburgh also poured cold water on Trump’s claims of election fraud.

Trump’s campaign said it would appeal at least one element of the decision, with barely three weeks to go until Election Day in a state hotly contested by Trump and Democratic presidenti­al nominee Joe Biden.

The lawsuit was opposed by the administra­tion of Gov. Tom Wolf, a Democrat, the state Democratic Party, the League of Women Voters, the NAACP’s Pennsylvan­ia office and other allied groups.

“The ruling is a complete rejection of the continued misinforma­tion about voter fraud and corruption, and those who seek to sow chaos and discord ahead of the upcoming election,” Wolf’s office said in a statement.

The state’s attorney general, Josh Shapiro, a Democrat whose office fought the Trump campaign’s claims, called the lawsuit a political stunt designed to sow doubt in the state’s election.

“We told the Trump campaign and the president, ‘Put up or shut up’ to his claims of voter fraud in Pennsylvan­ia,” Shapiro told Associated Press. “It’s important to note they didn’t even need to prove actual voter fraud, just that it was likely or impending, and they couldn’t even do that.”

Trump’s campaign said in a statement that it looked forward to a quick decision from the appeals court “that will further protect Pennsylvan­ia voters from the Democrats’ radical voting system.”

The lawsuit is one of many partisan battles being fought in the state Legislatur­e and the courts, primarily over mail-in voting in Pennsylvan­ia, amid concerns that a presidenti­al election result will hang in limbo for days on a drawn-out vote count in Pennsylvan­ia.

In this case, Trump’s campaign wanted the court to bar counties from using drop boxes or mobile sites to collect mail-in ballots that are not “staffed, secured, and employed consistent­ly within and across all 67 of Pennsylvan­ia’s counties.” Trump’s campaign said it would appeal the matter of drop boxes.

More than 20 counties — including Philadelph­ia and most other heavily populated Democratic-leaning counties — have told the state elections office they plan to use drop boxes and satellite election offices to help collect the massive number of mail-in ballots they expect to receive.

Trump’s campaign wanted the court to free county election officials to disqualify mail-in ballots where the voter’s signature may not match their signature on file and to remove a county residency requiremen­t in state law for certified poll watchers.

In guidance last month, Wolf’s top elections official told counties that state law does not require or permit them to reject a mail-in ballot solely over a perceived signature inconsiste­ncy. Trump’s campaign had asked Ranjan to declare that guidance unconstitu­tional and to block counties from following it.

In throwing out the case, Ranjan wrote that the Trump campaign could not prove their central claim: that Trump’s fortunes in the Nov. 3 election in Pennsylvan­ia are threatened by election fraud and that adopting changes sought by the campaign will fix that.

Ranjan wrote Trump’s campaign could not prove that the president has been hurt by election fraud or even that he is likely to be hurt by fraud.

“While plaintiffs may not need to prove actual voter fraud, they must at least prove that such fraud is ‘certainly impending,’ ” Ranjan wrote. “They haven’t met that burden. At most, they have pieced together a sequence of uncertain assumption­s.”

Ranjan also cited decisions in recent days by the U.S. Supreme Court and the 11th Circuit U.S. Court of Appeals in hot-button election cases.

The decision comes as Trump claims he can only lose the state if Democrats cheat and, as he did in 2016 s campaign, suggests that the Democratic bastion of Philadelph­ia needs to be watched closely for election fraud. On Friday, Trump’s campaign lost a bid in a Philadelph­ia court to force the city to allow campaign representa­tives to monitor its satellite election offices.

Democrats accuse Trump of trying to scuttle some of the 3 million mail-in votes that are expected in the Nov. 3 election in Pennsylvan­ia, with Democrats applying for mail-in ballots by an almost 3-to-1 rate over Republican­s.

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