[EL] Justice Alito PA order/more news
Marty Lederman
Martin.Lederman at law.georgetown.edu
Sat Nov 7 06:50:12 PST 2020
On the Alito order.
<https://twitter.com/marty_lederman/status/1325085016351797249>
On Fri, Nov 6, 2020 at 7:57 PM Rick Hasen <rhasen at law.uci.edu> wrote:
> Breaking: Justice Alito Issues Order Requiring That All Pennsylvania
> Counties Segregate (and Potentially Separately Count) Ballots Received
> After Polling Deadline <https://electionlawblog.org/?p=118260>
>
> Posted on November 6, 2020 4:52 pm <https://electionlawblog.org/?p=118260>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> You can find the order directed to county election boards here
> <https://twitter.com/johnkruzel/status/1324875424405581833>.
>
> The order follows the PA GOP telling Justice Alito that not all counties
> had indicated that they would follow the guidance as well as tweaks that
> the PA Secretary of State made to that guidance. Justice Alito also wants a
> response by 2 pm tomorrow.
>
> What does this mean? It essentially preserves the status quo and leaves
> open the possibility that these later ballots could be excluded from a
> count should there be further action. There was no court order requiring
> this action and now there is one.
>
> Unless the presidential election comes down to Pennsylvania and comes down
> to what is reportedly a relatively small number of ballots arriving in the
> three day post-election period, this won’t matter at all. But those ballots
> could well matter in other races, and likely must still be counted in *state
> and local* races, which would not be subject to the court’s order.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118260&title=Breaking%3A%20Justice%20Alito%20Issues%20Order%20Requiring%20That%20All%20Pennsylvania%20Counties%20Segregate%20(and%20Potentially%20Separately%20Count)%20Ballots%20Received%20After%20Polling%20Deadline>
>
> Posted in Supreme Court <https://electionlawblog.org/?cat=29>
>
>
>
>
> Running List of Election Litigation Related to Presidential Elections
> <https://electionlawblog.org/?p=118258>
>
> Posted on November 6, 2020 3:24 pm <https://electionlawblog.org/?p=118258>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> From John Kruzel.
> <https://docs.google.com/document/d/1VmrJ7ZSG-HmNshJvF-LGtq6jNeN6MtelZKRtqQf-JyA/edit>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118258&title=Running%20List%20of%20Election%20Litigation%20Related%20to%20Presidential%20Elections>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “Trump Says He Will Keep Fighting as Aides Doubt Path Forward; President’s
> advisers point fingers over campaign’s legal strategy”
> <https://electionlawblog.org/?p=118256>
>
> Posted on November 6, 2020 3:22 pm <https://electionlawblog.org/?p=118256>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> WSJ
> <https://www.wsj.com/articles/trump-says-he-will-keep-fighting-as-aides-doubt-path-forward-11604702837>
> :
>
> *President Trump said Friday he would continue to fight election results
> that showed him on the cusp of losing
> <https://www.wsj.com/articles/election-2020-results-trump-biden-11-06-2020-11604665986>to
> former Vice President Joe Biden. Privately, people familiar with the
> conversations say, advisers are urging him to prepare for that eventuality.*
>
> *Mr. Trump’s campaign on Friday named David Bossie, one of the president’s
> closest political confidants, to head up its legal team. The addition of
> Mr. Bossie, who isn’t an attorney, comes three days after polls closed and
> after some lawsuits challenging results
> <https://www.wsj.com/articles/election-2020-trumps-lawsuits-are-getting-mixed-results-11604617463>had
> been dismissed while others remained active.*
>
> *Some advisers have privately acknowledged there is little path forward,
> politically or legally, that would prevent Mr. Trump from becoming the
> first president to lose reelection in the 21st century.*
>
> *Among the president’s advisers, finger-pointing over the campaign’s legal
> strategy has intensified in recent days, White House and campaign aides
> said. Aides have expressed acute frustration over what they see as a
> slapdash effort, complaining that—even though Mr. Trump spent months
> telegraphing his intent to fight the election outcome in the courts—there
> wasn’t enough planning ahead of Election Day and has been little
> follow-through on decisions made this week. For days after the election,
> advisers said they didn’t know who was in charge of the strategy….*
>
> *On Thursday, campaign officials met with White House counsel Pat
> Cipollone and others to go through the campaign’s remaining legal options,
> a Republican official said. The group determined that the campaign had
> pursued every legal option at that point to challenge the results or voting
> methods.*
>
> *On Thursday night, advisers warned Mr. Trump to prepare to lose,
> according to a person familiar with the conversation. He expressed little
> interest in that advice.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118256&title=%E2%80%9CTrump%20Says%20He%20Will%20Keep%20Fighting%20as%20Aides%20Doubt%20Path%20Forward%3B%20President%E2%80%99s%20advisers%20point%20fingers%20over%20campaign%E2%80%99s%20legal%20strategy%E2%80%9D>
>
> Posted in The Voting Wars <https://electionlawblog.org/?cat=60>
>
>
>
>
> “Pennsylvania GOP asks Supreme Court to stop Pennsylvania from counting
> votes received after November 3” <https://electionlawblog.org/?p=118254>
>
> Posted on November 6, 2020 2:15 pm <https://electionlawblog.org/?p=118254>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Ariane de Vogue:
> <https://www.cnn.com/politics/live-news/trump-biden-election-results-11-06-20/h_a66b8e926009bbef839f73e283ad36c6>
>
> *Lawyers for Pennsylvania Republicans are asking
> <http://cdn.cnn.com/cnn/2020/images/11/06/20a84.pdf> the US Supreme Court
> to order the state to not take any action on any mail-in ballots received
> after Election Day, November 3.*
>
> *The Pennsylvania secretary of state has already ordered any ballots that
> arrive between Wednesday, November 4, and Friday, November 6, be segregated
> from those that arrived by Election Day, pending ongoing litigation, and
> the state GOP’s request simply asks the court to enforce that action as
> well as order that “no action” is taken on the ballots.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118254&title=%E2%80%9CPennsylvania%20GOP%20asks%20Supreme%20Court%20to%20stop%20Pennsylvania%20from%20counting%20votes%20received%20after%20November%203%E2%80%9D>
>
> Posted in Supreme Court <https://electionlawblog.org/?cat=29>
>
>
>
>
> “Trump and GOP lawsuits thus far challenging few ballots with no proof of
> fraud” <https://electionlawblog.org/?p=118252>
>
> Posted on November 6, 2020 2:04 pm <https://electionlawblog.org/?p=118252>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> CNN reports.
> <https://www.cnn.com/2020/11/06/politics/lawsuits-trump-gop-proof/index.html>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118252&title=%E2%80%9CTrump%20and%20GOP%20lawsuits%20thus%20far%20challenging%20few%20ballots%20with%20no%20proof%20of%20fraud%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “Trump’s False Election Fraud Claims Split Republicans”
> <https://electionlawblog.org/?p=118250>
>
> Posted on November 6, 2020 1:56 pm <https://electionlawblog.org/?p=118250>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> NYT
> <https://www.nytimes.com/2020/11/06/us/politics/trump-election-republicans.html>
> :
>
> *Republican reaction to President Trump’s baseless claims
> <https://www.nytimes.com/2020/11/05/us/politics/trump-presidency.html> of
> election fraud ranged widely Friday, from vigorous agreement to sharp
> condemnations, and in between some carefully constructed statements
> supporting the idea of fair elections without any endorsement of the
> president’s fabricated assertions of an election conspiracy.*
>
> *“Here’s how this must work in our great country: Every legal vote should
> be counted,” Senator Mitch McConnell, Republican of Kentucky and the
> majority leader, wrote on Twitter
> <https://twitter.com/senatemajldr/status/1324697471654789120> Friday
> morning. “Any illegally-submitted ballots must not. All sides must get to
> observe the process. And the courts are here to apply the laws & resolve
> disputes.”*
>
> *“That’s how Americans’ votes decide the result,” he added.*
>
> *Notably absent from Mr. McConnell’s statement was any suggestion that
> Democrats were stealing the election through an elaborate national
> conspiracy that included pollsters and the news media, as Mr. Trump
> asserted with no evidence in a rambling news conference
> <https://www.c-span.org/video/?477858-1/president-trump-challenges-latest-election-results-claims-voter-fraud> on
> Thursday. It also implicitly rejected Mr. Trump’s fruitless calls for a
> halt to vote counting in states where his early leads have been threatened
> or eliminated.*
>
> *In a stinging statement
> <https://pbs.twimg.com/media/EmKBnZKX0AAzJex.jpg>, Senator Mitt Romney of
> Utah said that Mr. Trump, while free to request recounts and present valid
> evidence of fraud, “is wrong to say that the election was rigged, corrupt
> and stolen — doing so weakens the cause of freedom here and around the
> world, weakens the institutions that lie at the foundations of the
> republic, and recklessly inflames destructive and dangerous passions.”*
>
> *As Mr. Trump and his die-hard allies maintained that the vote in
> Pennsylvania
> <https://www.nytimes.com/interactive/2020/11/03/us/elections/results-pennsylvania.html> —
> where his early lead over former Vice President Joseph R. Biden Jr.,
> evaporated on Friday — was badly corrupted, that state’s Republican
> senator, Patrick J. Toomey, condemned Mr. Trump’s claims.*
>
> *“The president’s speech last night was very disturbing to me because he
> made very, very serious allegations without any evidence to support it,”
> Mr. Toomey told “CBS This Morning.”
> <https://www.cbs.com/shows/cbs_this_morning/video/jN5PnlGTUhBq3w5lVGAI_3pCNfwlZbhw/republican-pennsylvania-senator-toomey-on-election-results-trump-s-claim-of-voter-fraud/>*
>
> *“I am not aware of any significant fraud, any significant wrongdoing,” he
> added.*
>
> *Some Republicans seem prepared to defend Mr. Trump’s position without
> reservation, however.*
>
> *“President Trump won this election,” Representative Kevin McCarthy of
> California told the Fox News host Laura Ingraham on Thursday night. “So
> everyone who’s listening: Do not be quiet. Do not be silent about this. We
> cannot allow this to happen before our very eyes.”*
>
> *Claiming that poll watchers have not been able to watch vote counts,
> Senator Tom Cotton of Arkansas tweeted a link
> <https://twitter.com/tomcottonar/status/1324458020391313408> to Mr. Trump’s
> legal defense fund, with the headline, in all capital letters, “The
> Democrats Will Try to Steal This Election.”*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118250&title=%E2%80%9CTrump%E2%80%99s%20False%20Election%20Fraud%20Claims%20Split%20Republicans%E2%80%9D>
>
> Posted in fraudulent fraud squad <https://electionlawblog.org/?cat=8>
>
>
>
>
> “Upwards of 100,000 provisional ballots in Pa. could further delay a
> winner being named” <https://electionlawblog.org/?p=118248>
>
> Posted on November 6, 2020 1:34 pm <https://electionlawblog.org/?p=118248>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Spotlight PA reports
> <https://www.inquirer.com/politics/election/spl/provisional-ballot-pennsylvania-counting-election-2020-20201106.html>
> .
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118248&title=%E2%80%9CUpwards%20of%20100%2C000%20provisional%20ballots%20in%20Pa.%20could%20further%20delay%20a%20winner%20being%20named%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “‘Get to TCF’: What really happened inside Detroit’s ballot counting
> center” <https://electionlawblog.org/?p=118246>
>
> Posted on November 6, 2020 12:47 pm
> <https://electionlawblog.org/?p=118246> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Deep dive
> <https://www.freep.com/story/news/local/michigan/detroit/2020/11/06/tcf-center-detroit-ballot-counting/6173577002/> in
> the Detroit Free Press:
>
> *Chris Thomas, a former long-time director of elections for the Michigan
> Secretary of State, addressed the concerns of Republican challengers and
> debunked rumors of foulplay that circulated on social media.*
>
> *Thomas, who has worked for both Democratic and Republican Secretaries of
> State, and who has offered constructive criticism of the Detroit clerk’s
> performance in previous elections, said he was “extremely confident” that
> Detroit’s final vote tally will be right.*
>
> * “They’re in a good position to come through with a nice clean report,”
> Thomas said. “I don’t have any questions about it.”*
>
> *Thomas also debunked rumors that every Republican challenger had been
> removed from the counting room, and, that ballots were sneaked into the
> room in coolers and a wagon.*
>
> *Neither were true, said Thomas, noting that had secret ballots arrived,
> Republican challengers inside the room would have raised a ruckus and he
> would have been notified. *
>
> *“I didn’t hear that,” Thomas said.*
>
> *And there was no favoritism shown to any of the challengers, said
> Thomas, who refuted claims that all Republican were removed. As he spoke,
> there were more than 100 Republican challengers still freely roaming the
> counting room, with only four tables left counting.*
>
> *“Nobody was mistreated,” Thomas said, referring to all challengers.*
>
> *Thomas, who has been working with Detroit Clerk Janice Winfrey’s team to
> improve procedures, spent long hours overseeing the counting before heading
> out late Wednesday night. *
>
> *While at TCF, Thomas explained that election officials sought to make
> sure “that the rules are being followed,” and that challengers “have only 1
> person per table at about 134 tables.”*
>
> *“We just want to make sure that we don’t have too much chaos going on in
> here,” said Thomas, responding to Republicans’ allegations that they were
> unfairly left out of the process. “People are trying to work, get the job
> done.”*
>
> *Unfortunately, Thomas said, some challengers don’t understand the rules
> of the counting process.*
>
> *“Challengers are usually confused” when they first arrive, he said. “A
> lot of them don’t know the intricacies of the process.”*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118246&title=%E2%80%9C%E2%80%98Get%20to%20TCF%E2%80%99%3A%20What%20really%20happened%20inside%20Detroit%E2%80%99s%20ballot%20counting%20center%E2%80%9D>
>
> Posted in chicanery <https://electionlawblog.org/?cat=12>, election
> administration <https://electionlawblog.org/?cat=18>
>
>
>
>
> “Trump-linked figures have boosted #StopTheSteal movement”
> <https://electionlawblog.org/?p=118244>
>
> Posted on November 6, 2020 12:25 pm
> <https://electionlawblog.org/?p=118244> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Politico
> <https://www.politico.com/news/2020/11/06/trump-linked-figures-boosted-stopthesteal-movement-434733>
> :
>
> *Demonstrations across the country protesting alleged fraud in this week’s
> election have ties to major conservative activist groups and MAGA
> personalities affiliated with President Donald Trump, according to multiple
> misinformation researchers.*
>
> *Many of these protests have been organized by prominent, well-funded
> pro-Trump groups such as Tea Party Patriots, Women for America First,
> Turning Point USA and Freedom Works USA, according to analyses from several
> research institutions.*
>
> *One of the first avenues for organizing, a Facebook group called
> #StopTheSteal, was created by Amy Kremer, a longtime conservative activist
> with Tea Party roots and founder of the pro-Trump group Women for America
> First. The Facebook group collected more than 350,000 members in just over
> 24 hours before it was banned by the social media company for promoting
> violence*
>
> *The group’s other administrators were even more prominent conservative
> activists with close ties to Steve Bannon, the former manager of Trump’s
> 2016 campaign and the ex-chair of the conservative news organization
> Breitbart, according to data collected by the Institute for Strategic
> Dialogue, a think tank that tracks online extremism and misinformation.*
>
> *The page’s rapid surge in membership was also helped by promotion from
> conservative activists and pro-Trump Facebook groups online. And for a
> group that existed for just over a day, it had an outsized, real-world
> impact….*
>
> *Yet the affiliation between the #StopTheSteal groups and Trump’s camp
> show that this “spirit” is supported, encouraged and occasionally
> manufactured by Trump’s own allies. It’s part of Trumpworld’s broader
> attempt to gin up outrage about misleading and false claims of voter fraud,
> thus giving Trump a way to claim the public is behind him.*
>
> *“This is definitely not just organic, up-from-the-grassroots
> disinformation,” said Alex Stamos, director of the Stanford Internet
> Observatory and Facebook’s former security chief. “There are professionals
> here who are pushing some of this stuff based upon exactly what is going on
> in the polls and in the real-world arguments over the election.”*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118244&title=%E2%80%9CTrump-linked%20figures%20have%20boosted%20%23StopTheSteal%20movement%E2%80%9D>
>
> Posted in chicanery <https://electionlawblog.org/?cat=12>, fraudulent
> fraud squad <https://electionlawblog.org/?cat=8>
>
>
>
>
> “Trump lawyer calls military ballots cast in Nevada ‘criminal voter fraud'”
> <https://electionlawblog.org/?p=118242>
>
> Posted on November 6, 2020 12:20 pm
> <https://electionlawblog.org/?p=118242> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> News 3 Las Vegas
> <https://news3lv.com/news/local/trump-lawyer-points-to-military-ballots-as-evidence-of-voter-fraud>
> :
>
> *Should Nevada residents who are serving overseas in the military be
> allowed to vote?*
>
> *Both federal and local laws say yes, but a letter sent to the Department
> of Justice by a lawyer representing the Donald Trump campaign doesn’t think
> so.*
>
> *Attorney Shana D. Weir, representing Donald J. Trump for President Inc.,
> sent a letter to United States Attorney General William Barr on Thursday
> claiming to have evidence of “criminal voter fraud” in the state of Nevada.*
>
> *Specifically, they have a list of 3,062 voters who voted in the 2020
> presidential election, even though the National Change of Address database
> shows have moved out of Nevada….*
>
> *The list provided by Weir gives no way of telling how long these voters
> have been out of town, and how many are in college. However, the data shows
> something telling — many of the votes that Weir claims to be fraudulent
> have overseas military addresses.*
>
> *To be specific, 132 of the out-of-town addresses listed have Army Post
> Office addresses — addresses used for active service Army and Air Force
> personnel serving overseas….*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118242&title=%E2%80%9CTrump%20lawyer%20calls%20military%20ballots%20cast%20in%20Nevada%20%E2%80%98criminal%20voter%20fraud%27%E2%80%9D>
>
> Posted in military voting <https://electionlawblog.org/?cat=48>
>
>
>
>
> Why Hasn’t Pennsylvania Been Called Yet? Apparently a Large Number of
> Provisional Ballots (Skewing More Toward Republicans Than in Normal Years)
> <https://electionlawblog.org/?p=118240>
>
> Posted on November 6, 2020 12:08 pm
> <https://electionlawblog.org/?p=118240> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Very helpful explainer
> <https://twitter.com/MSNBC/status/1324797005835755520> from Steve
> Kornacki.
>
> I know people are impatient but it is better to get things right if there
> is any doubt.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118240&title=Why%20Hasn%E2%80%99t%20Pennsylvania%20Been%20Called%20Yet%3F%20Apparently%20a%20Large%20Number%20of%20Provisional%20Ballots%20(Skewing%20More%20Toward%20Republicans%20Than%20in%20Normal%20Years)>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “Op-Ed: What America should learn from this harrowing election”
> <https://electionlawblog.org/?p=118238>
>
> Posted on November 6, 2020 9:32 am <https://electionlawblog.org/?p=118238>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Franita Tolson LAT
> <https://www.latimes.com/opinion/story/2020-11-06/joe-biden-donald-trump-election-lessons>
> oped:
>
> *However, all the blame game does is gloss over the key structural failure
> in our system of elections that, even in conditions of historic voter
> turnout, permits states to suppress that turnout and disenfranchise a
> significant number of voters for no good reason.*
>
> *Voter suppression and disenfranchisement cannot be explained by a polling
> error or political strategy gone awry. This is a first-order issue of
> democratic legitimacy because states make it needlessly difficult for
> people to vote in a system that holds itself out as a democracy. As such,
> having more reliable polling or running more targeted campaigns won’t solve
> this problem. Neither will fixing the electoral college. Even if we let the
> people pick the president directly, some combination of states would still
> make it difficult for segments of their populations to cast ballots.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118238&title=%E2%80%9COp-Ed%3A%20What%20America%20should%20learn%20from%20this%20harrowing%20election%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “The repugnant plan brewing for state legislatures to steal the election
> must be stopped “ <https://electionlawblog.org/?p=118236>
>
> Posted on November 6, 2020 9:20 am <https://electionlawblog.org/?p=118236>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Ned Foley
> <https://www.washingtonpost.com/opinions/2020/11/06/state-legislatures-electoral-college-steal/> at
> WaPo.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118236&title=%E2%80%9CThe%20repugnant%20plan%20brewing%20for%20state%20legislatures%20to%20steal%20the%20election%20must%20be%20stopped%20%E2%80%9C>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
>
> --
>
> Rick Hasen
>
> Chancellor's Professor of Law and Political Science
>
> UC Irvine School of Law
>
> 401 E. Peltason Dr., Suite 1000
>
> Irvine, CA 92697-8000
>
> 949.824.3072 - office
>
> rhasen at law.uci.edu
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org
>
>
>
>
> _______________________________________________
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--
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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