[EL] more news and commentary

Sat Nov 7 12:28:51 PST 2020

“Trump campaign urges supporters to ‘stay at the ready’ to protest, asks for legal fund contributions”<https://electionlawblog.org/?p=118304>
Posted on November 7, 2020 12:14 pm<https://electionlawblog.org/?p=118304> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/elections/2020/11/07/trump-biden-election-live-updates/#link-HKSJRTBORVC77GKCFW5AGNDVY4>:

Trump campaign manager Bill Stepien urged supporters to be ready to attend protests or rallies that the campaign is “propping up around the country” in a call Saturday with allies and surrogates, according to audio obtained by The Washington Post.

“Stay at the ready,” Stepien said. “At a moment’s instance, we may need your help at protests in your states, to make sure the president is represented and our side of the argument is shown. Support rallies or other things that we are propping up around the country.”

“Rallies to show support for the president are also things we are encouraging around the country,” he added.

Stepien took a pugilistic tone — saying the president was prepared to keep battling, even as the race is called for Biden.

“Just be at the ready at a moment’s notice. We may need your help and support on the ground, waving the flag and yelling the president’s name in support,” Stepien said.

He encouraged donors to contribute to the legal defense fund for the president and to distribute a campaign hotline for potential fraud cases so they could have evidence in various states.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

Deeply Irresponsible: Trump Campaign May “Roll With” Continued Litigation to Assuage Trump’s Ego<https://electionlawblog.org/?p=118302>
Posted on November 7, 2020 12:12 pm<https://electionlawblog.org/?p=118302> by Rick Hasen<https://electionlawblog.org/?author=3>

Jacqueline Alemany<https://twitter.com/JaxAlemany/status/1325162832237719553>:

To be clear, “rolling with it” will convince even more of Trump’s supporters that the election was stolen from him, despite all the available evidence that this election was conducted fairly. It is deeply irresponsible for lawyers to bring these suits to assuage Trump’s ego.Quote Tweet
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Foley, Morley, Muller and I Agree: No Promising Path for Trump to Reverse Election Results at Supreme Court (Nina Totenberg Story)<https://electionlawblog.org/?p=118299>
Posted on November 7, 2020 11:12 am<https://electionlawblog.org/?p=118299> by Rick Hasen<https://electionlawblog.org/?author=3>

Nina Totenberg at NPR<https://www.npr.org/2020/11/07/932214005/will-this-election-be-a-replay-of-bush-v-gore-at-the-supreme-court-not-likely>:

“Unless something new happens, I don’t see a viable path for Trump to litigate his way out of an Electoral College loss,” says election law expert Richard Hasen, of the University of California, Irvine.

Florida State University law professor Michael Morley agrees, noting that Biden still has several paths to victory.

If Biden carries Pennsylvania, where his lead is growing substantially, he doesn’t need to carry any other state to win.

And if he doesn’t carry Pennsylvania, he has other paths to victory. Assuming the AP projection of a Biden win in Arizona holds, the former vice president needs only Nevada or Georgia to win, and for now, he is leading in both.

“The easy thing” [for the justices] to do is to say, ‘Why bother,'” says professor Derek Muller, of the University of Iowa School of Law. Muller notes that some conservative Supreme Court justices have expressed an interest in “revisiting” the question of whether a state legislature’s majority party view of the law supersedes a state supreme court interpretation. But, he adds, that it is “unlikely” the justices want to insert themselves into the political brambles when, as of now, there is no evidence of major fraud or misbehavior that would make a difference to the outcome of the election.

Right now, Trump, whether he likes it or not, would appear to be “outside what’s called the margin of litigation,” observes professor Edward Foley, director of The Ohio State University election law program. That’s what happened to Democratic presidential candidate John Kerry in 2004, Foley explains. Kerry was teed up and ready to bring legal challenges in Ohio, but, “the votes just weren’t there” in large enough numbers to justify the litigation.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>

“Certified Stamp of Approval: When the Election Results Will be Final in Each State”<https://electionlawblog.org/?p=118297>
Posted on November 7, 2020 10:41 am<https://electionlawblog.org/?p=118297> by Rick Hasen<https://electionlawblog.org/?author=3>

BPC <https://bipartisanpolicy.org/blog/state-election-results/> with a useful list of how this all becomes official.
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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<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>

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