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The US 2020 Presidential Election

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  • TopHatter
    replied
    Trump’s Pennsylvania Appeal Rejected in Scathing Decision by His Own Appointee

    A federal appeals court has shot down the Trump campaign’s attempt to overturn the election result in Pennsylvania—with a judge appointed by the president writing the scathing decision.

    “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,” 3rd U.S. Circuit Court of Appeals Justice Stephanos Bibas wrote in a 21-page opinion issued Friday.

    The three-judge panel noted that the campaign’s grievances amounted to “nothing more” than allegations that Pennsylvania restricted poll watchers and let voters fix technical defects in their mail-in ballots.

    “The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory,” the opinion says.

    “It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes.”

    The decision comes after Pennsylvania already certified that President-elect Joe Biden was the winner but makes clear that Trump does not have a legal leg to stand on in contesting the outcome.

    The court said it would not issue an injunction to undo the certification because “the Campaign’s claims have no merit.”


    “The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters,” the court found.

    “Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.”

    The judges who ruled were all appointed by Republicans: Bibas, who was nominated by Trump in 2017, Chief Justice Brooks Smith, who was nominated in 2001 by President George H.W.Bush; and Judge Michael Chagares, who was nominated by President George W. Bush in 2006.

    The opinion goes point by point through the hodgepodge of claims put forward by Trump lawyer Rudy Giuliani and other campaign attorneys, dismantling each one. In closing, the court seemed to find it necessary to spell out some legal basics for the president’s team.

    “Voters, not lawyers, choose the President. Ballots, not briefs, decide election,” they wrote.

    “The ballots here are governed by Pennsylvania election law. No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects.

    “Those are all issues of state law, not ones that we can hear. And earlier lawsuits have rejected those claims. Seeking to turn those state-law claims into federal ones, the Campaign claims discrimination. But its alchemy cannot transmute lead into gold.”


    The decision is the latest in a pile of losses that Trump has racked up in courts across the country since the election. Yet as recently as Friday morning, Trump tweeted that the matter was not yet settled.

    “Biden can only enter the White House as President if he can prove that his ridiculous ‘80,000,000 votes’ were not fraudulently or illegally obtained,” he posted. The tweet was flagged by Twitter.
    ___________

    Trump's legal teams litigate like Trump "governs"

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  • DOR
    replied
    Originally posted by Oracle View Post

    So that's why it takes time. Read some chatter with DE sometime back, but don't remember clearly, you guys don't use EVMs right?
    Votes from overseas Americans are simply absentee ballots, and they are applied for, distributed, and returned in the same way The Trumpet voted from Florida: at the county level. There is an extra time element, in that some states won't finalized their ballots until it is too late to both send out and receive back the ballot from some foreign destinations (say, Bangalore, Chengdu, or Vladivostok). Because of this, there is a federal (only) fax ballot that may be used to vote for the federal candidates: president, congress and senate.

    As someone who has trained to register, and registered, voters abroad (and voted from abroad 18 times, not counting primaries), I can tell you the number one problem is apathy. So, no different than anywhere else. Number two is procrastination, and again, that's the same everywhere but perhaps a bit more acute from abroad.

    The third one is different state laws. In one state (deep south, can't remember if it is Mississippi or Alabama), the voter's father's full name and address are required. There is no obvious provision for deceased, "father unknown," or "father's whereabouts unknown since conception." Other states demand notarizing, or other nonsense.

    ADD: one more complication. An American citizen born abroad may not be recognized as a resident of his/her parents' home state. Since voting is strictly by state, this disenfranchises some people from about 20 states.

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  • JRT
    replied
    Originally posted by TopHatter View Post
    Probably takes that long to tabulate every last vote, especially from overseas Americans, and of course there's the usual bureaucratic slowness built into the process I'm sure.
    Beyond that, there is also a small window of time for participants to exercise their rights in the courts, balance of power.

    The election winner is officially decided on the sixth day of January, and the official transfer of power happens with the inauguration at noon on the twentieth day of January. Nowhere in the law is the loser required to concede in advance of that, regardless traditional behaviors established by past participants. This election has been messier than most, but the process is on track, is on time, and has been a lawful proper process, regardless the political hyperbole and outright lies advanced by some, including Donald J. Trump.

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  • Oracle
    replied
    Originally posted by TopHatter View Post

    Probably takes that long to tabulate every last vote, especially from overseas Americans, and of course there's the usual bureaucratic slowness built into the process I'm sure.
    So that's why it takes time. Read some chatter with DE sometime back, but don't remember clearly, you guys don't use EVMs right?

    Leave a comment:


  • TopHatter
    replied
    Man sues for refund of $2.5m he donated to Trump election challenge group

    A man who donated $2.5m to help Donald Trump's crusade to overturn the elections is asking for his money back.

    Fred Eshelman, the donor, is suing Houston-based "True the Vote Inc" for what he claims are "empty promises," Bloomberg reported.

    True The Vote claimed it had a multi-part plan to "investigate, litigate and expose suspected illegal balloting and fraud in the 2020 general election," the lawsuit said.

    The group claimed it also collected whistle blower complaints, supported GOP legislative fights in swing states and conducted "sophisticated data modeling and statistical analysis to identify potential illegal or fraudulent balloting."

    In the weeks after the election, True the Vote filed four lawsuits, but dropped them all last week.

    “While we stand by the voters’ testimony that was brought forth, barriers to advancing our arguments, coupled with constraints on time, made it necessary for us to pursue a different path,” the group wrote on its website on 17 Nov.

    Mr Eshelman supported the group under the pretense that they would find evidence of voter fraud. However, as their lawsuits failed - as have almost all of the lawsuits filed by supporters of Mr Trump in attempts to overturn the election - Mr Eshelman has decided he wants a refund.

    He claimed that he "regularly and repeatedly" asked True the Vote Inc for updates on their initiatives, but was given "vague responses, platitudes, and empty promises."

    According to Mr Eshelman, True the Vote offered to give him $1m to drop his lawsuit.


    True the Vote has not responded to press requests for contact.

    The Trump campaign has yet to produce convincing evidence of widespread voter fraud having any notable impact on the election. Of at least 38 lawsuits filed by the Trump campaign, 26 have failed to gain traction in the courts.
    ____________

    Let's fix that headline: "Deranged Trump Follower And His Money Are Soon Parted"

    Leave a comment:


  • TopHatter
    replied
    Originally posted by Oracle View Post
    ^ Why does it take so much time? Such slow process.
    Probably takes that long to tabulate every last vote, especially from overseas Americans, and of course there's the usual bureaucratic slowness built into the process I'm sure.

    Leave a comment:


  • Oracle
    replied
    ^ Why does it take so much time? Such slow process.

    Leave a comment:


  • TopHatter
    replied
    Trump says he will leave the White House if Electoral College votes for Biden

    WASHINGTON (Reuters) - U.S. President Donald Trump said on Thursday he will leave the White House if the Electoral College votes for Democratic President-elect Joe Biden.

    In the nearest he has come to a concession, Republican Trump said if Biden is certified the election winner by the Electoral College he will depart the White House. Biden is due to be inaugurated on Jan. 20.

    The Electoral College is due to meet on Dec. 14.

    Trump made the comments at the White House after speaking to U.S. troops during the traditional Thanksgiving Day address to U.S. servicemembers.

    Biden won the Nov. 3 presidential election with 306 Electoral College votes - many more than the 270 required - to Trump's 232. Biden also leads Trump by more than 6 million in the popular vote tally.

    Trump has so far refused to concede the election and continues to claim without evidence that the election was marred by widespread fraud, and that he and not Biden won it.
    ______________

    Well that's very decent of you to comply with the law!

    Leave a comment:


  • Bigfella
    replied
    Originally posted by Albany Rifles View Post

    This is likely to go down ion flames as the State Legislature, the constitutional body with the authority to make the call, approved the actions of Act 77.
    The Republican controlled State Legislature, which is now defending its legislation in court.

    Keep in mind the long game here. In addition to being a giant Trump tantrum driven by a morbid fear of losing, this is also a part of the Republican war on democracy. The lies that have driven Trumps challenges will be used as part of campaigns to reduce the scope of mail in & early voting. Count on it.

    Leave a comment:


  • Albany Rifles
    replied
    Originally posted by JRT View Post


    ...
    This is likely to go down ion flames as the State Legislature, the constitutional body with the authority to make the call, approved the actions of Act 77.

    Leave a comment:


  • JRT
    replied
    Originally posted by Pittsburgh Post-Gazette

    Pennsylvania Commonwealth Court orders halt to certification process in down ballot races

    by Joulian Routh
    25 November 2020

    Pennsylvania is prohibited from certifying the rest of its election results in down ballot races — and from taking any further action in regards to yesterday’s certification of the presidential race — pending a hearing on Friday in an appellate court.

    The Commonwealth Court of Pennsylvania, in an order signed by Judge Patricia McCullough, issued an injunction Wednesday that stops the state from continuing its certification, and intends to hear evidence in a case filed by U.S. Rep. Mike Kelly and GOP congressional candidate Sean Parnell about the constitutionality of mail-in ballots.

    The hearing will be held on Friday at 11:30 a.m.

    The state certified the results in the race for president on Tuesday, giving its 20 electoral votes to Democrat Joe Biden and his running mate, California Sen. Kamala Harris. The court order said the state is prohibited from acting “to the extent that there remains any further action to perfect the certification of the results" of the races for president and vice president.

    Pennsylvania Attorney General Josh Shapiro wrote on Twitter, “This order does not impact yesterday’s appointment of electors. We will be filing an appeal with the Pennsylvania Supreme Court momentarily.”

    Mr. Kelly and Mr. Parnell are arguing that state lawmakers violated Pennsylvania’s Constitution by adopting Act 77 last year, which expanded the mail-in balloting option to let all qualified voters to vote by mail without an excuse. They allege that absentee voting — which required an excuse from a set of allowed reasons — was rebranded as no-excuse mail-in voting “absent any constitutional authority.”

    The Republican-controlled state Legislature responded, in legal filings, that the case should be dismissed because Act 77 didn’t alter the requirements of who constitutes a qualified voter, and that the Legislature is constitutionally authorized to prescribe the method by which those electors may cast their votes.

    .

    ...

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  • JRT
    replied
    Originally posted by Albany Rifles View Post
    Our Constitution doesn't give 2 shits about his ego.
    You won't hear it reported with that wording on the evening news, but I expect that even some of the talking heads at Faux Fox News would agree with you.
    ...or is that Fox Faux News, I forget.
    Last edited by JRT; 25 Nov 20,, 19:07.

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  • TopHatter
    replied
    Biden officially tops 80 million votes, beating Obama's record by 10 million

    President-elect Joe Biden won more than 80 million votes in the 2020 election, the ongoing vote count confirmed late Tuesday, meaning he beat the previous record by more than 10 million votes. That previous record was set by President Barack Obama, Biden's running mate, in 2008; Obama did not top 70 million in 2012, nor did popular-vote winner Hillary Clinton in 2016. President Trump did beat Obama's record this year, winning at least 73.9 million votes, but he trails Biden by more than 6 million votes and, unlike in 2016, he also lost in the Electoral College.

    Biden currently has 51 percent of the vote, versus 47.1 percent for Trump, making him also the first president since Franklin Delano Roosevelt in 1932 to unseat a sitting president with more than 51 percent. (Ronald Reagan won a landslide in the Electoral College in 1980 but got only 50.7 percent.) The U.S. electorate turned out in large numbers this year, and there were also more Americans eligible to vote, USA Today notes. Peter Weber
    ___________




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  • DOR
    replied
    Originally posted by Albany Rifles View Post

    Our Constitution doesn't give 2 shits about his ego. As of noon 20 JAN 21 his term officially ends. FINIS. Over.

    Michigan certified last night...PA, WI & NV are all coming. Biden 306. He will bes worn in on 20 JAN 21.

    BTW, I expect we will see a different Inauguration because of COVID...no crush of people on the steps of the Capitol.
    I wouldn't be surprised if that's said to be because the last inauguration could not possibly be beat, at least by a mere mortal.

    Leave a comment:


  • Albany Rifles
    replied
    Originally posted by InExile View Post

    I agree that Biden being inaugurated on the 20th of January is by far the most likely outcome. However, the precedent of challenging the results of an election has been set and might be tried again in the future by someone far more competent and forceful than Trump.

    On the other hand, Trump is an uniquely flawed individual, with a fragile ego that can never admit defeat, and his attempts to overturn the election seem generally frivolous and mostly laughable than a serious attempt to threaten democracy. So it might not be a precedent that future wannabe authoritarians or populists may want to emulate.
    Our Constitution doesn't give 2 shits about his ego. As of noon 20 JAN 21 his term officially ends. FINIS. Over.

    Michigan certified last night...PA, WI & NV are all coming. Biden 306. He will bes worn in on 20 JAN 21.

    BTW, I expect we will see a different Inauguration because of COVID...no crush of people on the steps of the Capitol.

    Leave a comment:

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