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Injunction Junction: Election Litigation Update

The post-election court battle heats up in the battleground states.

On Wisconsin!

President Donald J. Trump has appealed his Wisconsin recount losses in Milwaukee and Dane Counties to the Wisconsin Supreme Court. His filing on Thursday, December 3, included the posting of $100,000 in surety bonds required by state law.  In a letter to Chief Justice Patience D. Roggensack, Trump’s lawyer asked for a “scheduling conference” to be held by Saturday, December 5. It states the plaintiffs will be ready to present their evidence and legal arguments on Monday, December 7.

Representative Mike Kelly

Mike Kelly

SCOTUS Action:

Pennsylvania Republican Mike Kelly filed a new request at the United States Supreme Court on Thursday. Sen. Kelly’s emergency application for an injunction was filed with Justice Samuel Alito, who handles emergency quests from Pennsylvania. Alito received a different emergency petition Mr. Kelly filed on Tuesday. Justices in charge of overseeing emergency petitions may grant them, deny them, or refer them to the full court for consideration.

Kelly’s petition came after the Pennsylvania Supreme Court issued its second unanimous ruling against him in five days, denying his request to stay its Saturday order that dismissed his lawsuit. The court denied the application without comment, declining to suspend its refusal to invalidate more than 2.5 million mail-in ballots and stop the state’s certification of the November 3 election results. The new petition before the U.S. Supreme Court chiefly concerns the “tabulation of absentee votes that did not comply with the Pennsylvania Constitution.” This refers to ballots allowed only due to a Pennsylvania Supreme Court last-minute re-write of election law in the Commonwealth before November 3.

In Republican Party of PA v. Boockvar, the first case to reach the Supreme Court over the election, it looks like all the briefs have been submitted. We could see a ruling from the court or further action without a ruling, such as scheduling a full oral argument in the case.

Keep Kraken

sidney powell featured

Sidney Powell

In Arizona, Federal Judge Diane Humetewa, an Obama appointee, set a temporary restraining order hearing for Tuesday, December 8. This case was filed by Sidney Powell on Wednesday, December 2, and incorporates many – if not all – of the allegations she has made in other federal court filings, principally against Dominion Voting Systems Corporation and the software designed by Smartmatic Corporation.  She says, “Smartmatic and Dominion were founded by foreign oligarchs and dictators to ensure computerized ballot-stuffing and vote manipulation to whatever level was needed to make certain Venezuelan dictator Hugo Chavez never lost another election.”

Ms. Powell and her litigation partner, Lin Wood, have another suit ongoing in federal court in Georgia before Timothy Batten, a George W. Bush appointee. Judge Batten ordered a temporary restraining order in the case to preserve evidence on voting machines. The move prevents state or county officials from “altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee Counties.”

There are many motions and cross-motions in that case, many of which may soon become moot. The plaintiffs appealed Batten’s denial of part of their request to the 11th Circuit Court of Appeals. That court has yet to make any rulings, and Judge Batten postponed hearings in his court until the 11th Circuit weighs in.


Read more from Scott D. Cosenza. 

Read More From Scott D. Cosenza, Esq.

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