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Election Litigation Snapshot

Here's what we know so far about the legal battle over ballot counting.

America is watching carefully what is happening with the 2020 election results. Although the media has called the race for Joe Biden, numerous cases are being brought to the courts, which may ultimately impact the final totals. Here’s the situation as it stands.

Supreme Court

There is one case before the Supreme Court concerning a challenge to a Pennsylvania court ruling that late-arriving ballots can be counted. The case was brought against the state by the Republican Party of Pennsylvania. The Trump campaign has asked the Supreme Court to be added as a plaintiff in the case. So far, the only ruling in place is that PA must segregate the late ballots to preserve them for possible future action.

State Courts

These suits have been widely reported but not independently verified by LN.

Arizona – The Trump campaign and the RNC filed a suit in AZ on Saturday, claiming lost votes due to poll worker incompetency. “Poll workers struggled to operate the new voting machines in Maricopa County, and improperly pressed and told voters to press a green button to override significant errors,” said Matt Morgan, general counsel for Trump 2020. “The result is that the voting machines disregarded votes cast by voters in person on Election Day in Maricopa County.”

Georgia – The Trump campaign filed a lawsuit along with the Georgia Republican Party on Wednesday, alleging ballots were being processed after the state’s deadline of 7 p.m. on Election Day.

Michigan – A judge in Michigan rejected a lawsuit claiming that rules were broken during the ballot-counting process in Detroit, citing lack of evidence. The suit claimed Secretary of State Jocelyn Benson, a Democrat, was allowing absentee ballots to be counted without teams of bipartisan observers as well as challengers.

Nevada – A district court judge denied an emergency request Friday after Republicans filed a lawsuit alleging “lax procedures for authenticating mail-in ballots over 3,000 instances of ineligible individuals casting ballots.”

Pennsylvania – In addition to the Pennsylvania case currently before the Supreme Court, there have also been filings in state courts over vote watchers and where they may place themselves to observe. As LN previously reported, on Thursday, Republicans won an order from a Pennsylvania state judge allowing their election observers to move closer to the action, to within six feet of where the ballots are being handled. A judge from Pennsylvania’s Commonwealth Court, an intermediate appellate court, reversed a lower court ruling and granted the campaign’s motion. Democrats appealed to the state’s Supreme Court for reversal, and Republicans sued in federal court, claiming the city wasn’t obeying the state court order. That federal suit was dismissed because the parties agreed to agree on a settlement outside of court.

Recounts, which seem likely in Wisconsin and Georgia, are not a part of this litigation.

At the Head of the Litigation

At the center of the litigation whirlwind is former New York Mayor Rudy Giuliani. It seems the presidential advisor is in the process of taking affidavits, reaching out to poll workers who were barred from actually observing, and looking into the cyber-security questions that still remain.

Giuliani tweeted, “The Biden selection by the Crooked Media is based on unlawful votes in PA, Mich, GA, Wisc, Nevada et al. We will prove it all.” He commented that litigation would likely take place in between “seven to ten states.”

As well as being the frontman on the legal actions, the former mayor is also taking to the airwaves to make the case that the election is not yet decided. From numerous news media appearances to on-air chats with conservative hosts such as Steven Crowder, it looks like his fight is far from over.

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Read more from Scott D. Cosenza. 

Read More From Scott D. Cosenza, Esq.

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