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Recount 2016: Jill Stein Cannot File Direct Request For Recount In Pa, Must Take it to Court
The Inquisitor ^ | 2 hours ago | Tara West

Posted on 11/26/2016 7:07:27 PM PST by drewh

Jill Stein posted to her Jill2016 website that she had raised enough money to “file” for a recount in Pennsylvania. However, the Green Party candidate left out some key details about the filing of recounts in Pennsylvania that many of her supporters likely would have wanted to know before donating. For example, candidates cannot file a direct request for a recount in the state and instead must appeal the election in court.

View image on Twitter View image on Twitter Follow The Trump Train @The_Trump_Train Donald Trump statement on Jill Stein's recount efforts: 3:25 PM - 26 Nov 2016 1,074 1,074 Retweets 1,806 1,806 likes According to the Recount 2016 initiative and donation page posted by failed Green Party presidential candidate Jill Stein, the Stein/Baraka Green Party Campaign launched an effort to ensure the “integrity of our elections.” Stein noted that she was hoping to raise funds via grassroots efforts to “demand” that recounts take place in Wisconsin, Pennsylvania, and Michigan. She claimed “data” has suggested a need for recounting “machine-counted” votes in these particular states, which also happen to be states that Trump unexpectedly beat Clinton.

Follow Donald J. Trump ✔ @realDonaldTrump The Green Party scam to fill up their coffers by asking for impossible recounts is now being joined by the badly defeated & demoralized Dems 6:31 PM - 26 Nov 2016 14,904 14,904 Retweets 42,094 42,094 likes Stein’s fundraising efforts immediately sparked the interest of Clinton supporters as it played on the hope that Hillary still had a chance at the presidency. Should all three states be overturned in a recount, Clinton would have enough electorates to win the election. However, Stein did not make the recount process clear for her donors. Her outline makes it sound as though a candidate can simply file for a recount if they raise enough funds for the filing fee.

While the filing fee and request is all that is needed in Wisconsin, her second state “funded” is much more complicated. Pennsylvania does not allow candidates to file a direct request for a recount, according to the Pennsylvania Election Code. Instead, the filing fee is simply the amount needed to appeal the results.

Penn by Jessica McBride on Scribd

SHARE 99 TWEET “While candidates cannot file a direct request for a recount, they may appeal the order or decision of any county board regarding the computation or canvassing of the returns of any primary or election, or regarding any recount or recanvass thereof. During the appeal process, the court may determine that a recount is necessary.” Per Pennsylvania regulations, there is only one way remaining for Jill Stein to get a recount in Pennsylvania and it is a complicated process. BillyPenn reports that Stein would have to file for a court appeal and present a “prima facie case” showing that voter fraud took place. While prima facie has a lower burden of proof threshold than “beyond reasonable doubt,” it is still significant. Stein would have to prove in court that fraud was “probable.” This is going to be very difficult given that even the computer specialists recommending the recount say there is no proof of hacking or fraud.

View image on TwitterView image on Twitter Follow Leah the Boss @LeahRBoss I'm just gonna leave this right here. 4:24 PM - 26 Nov 2016 383 383 Retweets 479 479 likes In fact, the Medium reports that Clinton’s own legal team headed by Marc Elias has noted that Clinton’s team “had not uncovered any actionable evidence of hacking or outside attempts to alter the voting technology.” The Obama administration echoed that by stating that the government did not observe any increased level of malicious cyber-activity aimed at disrupting our electoral process on election day. According to Newsmax, Obama is standing behind the results which indicate that Trump won the election, saying the election was “free and fair from a cybersecurity perspective.”

Elias also noted that in even the closest margin state, Michigan, Trump’s win “well exceeds the largest margin ever overcome in a recount.” Therefore, Elias says that is why Clinton herself did not pursue a recount effort. However, since Stein has funded and initiated the effort, Elias says that Clinton will participate to ensure fairness.

Stein has maintained that the effort is not designed to overturn the election results, but rather to ensure transparency in the voting process. Stein has even criticized Clinton for joining her efforts so late in the game, calling her “on-again, off-again about democracy.”

Follow Dr. Jill Stein ✔ @DrJillStein Why would Hillary Clinton—who conceded the election to Donald Trump—want #Recount2016? You cannot be on-again, off-again about democracy. 3:41 PM - 26 Nov 2016 1,411 1,411 Retweets 2,345 2,345 likes Follow Dr. Jill Stein ✔ @DrJillStein Why would Hillary Clinton—who holds "public" and "private" positions—want to engage in something as transparent as #Recount2016? 4:07 PM - 26 Nov 2016 594 594 Retweets 1,064 1,064 likes The deadline to file an appeal in court for Pennsylvania is on Monday, November 28. Stein has said she is “filing” but has given no further details about the efforts. Should she file, the next step would be to prove her “prima facie” case in court.


TOPICS: Breaking News; Extended News; News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: 2016parecount; 2016recount; election; lawsuit; pa2016; pennsylvania; recount; stein; steinrecount
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To: nuf said

So she is not really concerned with the integrity of the election process as she has stated?


141 posted on 11/27/2016 6:55:39 AM PST by thinden
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To: JediJones

“So, they’ll take it to a Philly court and they’ll agree there was fraud in 2 seconds.”

“We find for the petitioner. How else can we determine fraud and irregularities without recounting every single ballot?”


142 posted on 11/27/2016 7:15:07 AM PST by RonnG
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To: ez

WI does not have any provision to demonstrate cause. PA does.


143 posted on 11/27/2016 7:17:29 AM PST by dirtboy
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To: varon

Wouldn’t surprise me that she would use the funds to pay off her campaign debts............

__________

There is zero chance of any success with this recount.

It won’t change anything for Stein and it won’t change anything for Clinton.

Why do it? When in doubt, follow the money. Stein can run the clock and pretend she tried her best but the establishment was against her.

Let’s see if she pays the $5 million or so to do recounts in all 3 states. I doubt she will. There will be zero recounts if no money is paid. ZERO! Regardless of what papers have been filled. The filings are straw men.

She will fleece Hillary supporters. She will flip the finger at Hillary and Trump and she gets her 5 minutes of fame and most important she walks away with millions free and clear.


144 posted on 11/27/2016 7:26:53 AM PST by GilGil (E. Deplorabus Unum)
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To: Alberta's Child

I think she can do with the money whatever she wants and spend it in whatever way she wants. If she has $5 million free and clear, she could pay herself $5 million. How did Bernie afford a $600,000 vacay home on his salary when he owns 2 other homes?


145 posted on 11/27/2016 7:32:30 AM PST by GilGil (E. Deplorabus Unum)
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To: DarthVader

Don’t look for this to change. It will be non-stop with these ‘un-democratic’ excuse for Americans.


146 posted on 11/27/2016 8:26:55 AM PST by TribalPrincess2U (0bama's agenda�Divide and conquer seems to be working.)
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To: drewh
BillyPenn reports that Stein would have to file for a court appeal and present a “prima facie case” showing that voter fraud took place.

Isn't there a standing issue here? In order to have standing, as Scalia wrote in Lujan, the petitioner must have an injury that can be redressed by the court. It is inconceivable that any recount could redress Stein's loss of the election in Pennsylvania.

147 posted on 11/27/2016 9:43:27 AM PST by AndyJackson
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To: Figment

Trump still wins the Presidency if the electoral votes of MI, PA and WI do not get counted. Per the 12th amendment, the majority electoral college vote number would be adjusted downwards. The total number of appointed electoral college votes would change from 538 to 492 if all three states electors are unable to cast their ballots due to court disputes.

The number of EV’s required to win the presidency would change from 270 to 247. As of right now, without these three states, Trump has 260 EV’s - Hildebeast has 232 EV’s, a 28 EV lead. Trump still wins the EC majority by 13 if all three states electors are unable to cast their ballots

Only way Hildebeast steals this is if she somehow is able to steal PA + either WI or MI. Then she would have to block the 3rd state from casting its EC votes to narrowly win the EC majority. Stealing WI + MI (26 EV’s) and blocking PA still leaves her 2EV’s behind Trump and he would win EC by one vote.

She will not likely be able to steal any state in the recounts - most likely she could hope to deny their electors from voting for Trump but like I pointed out, it would not stop Trump from winning the presidency.


148 posted on 11/27/2016 9:54:07 AM PST by dsm69 (Boycott News Media/Hollywood Advertisers)
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To: TribalPrincess2U

Wanna bet! Things are no longer the same on our side.


149 posted on 11/27/2016 10:22:10 AM PST by DarthVader ("These lying tyrants are about to get hit with a tsunami of destruction on their evil reign." Gaffer)
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To: HamiltonJay

They will select a communist judge.


150 posted on 11/27/2016 11:13:29 AM PST by WENDLE (Sanctuary cities are OBSTRUCTING JUSTICE!! That is a FELONY!! Ask Nixon!!)
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To: drewh

Too much “social media” trashing the text!

Not gonna read.


151 posted on 11/27/2016 11:20:17 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: dsm69

Another scenario, the state legislators could decide to submit their electors anyway using the original vote count if the recounts can’t be completed on time, then Congress who has a good amount of latitude when it comes to deciding EC issues can accept the EC votes. Trump wins with 306.


152 posted on 11/27/2016 11:29:05 AM PST by ScottfromNJ
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To: ScottfromNJ

Good to know. GOP has control of all three state legislatures and only PA has a rat Governor.

At least in Michigan they will certify the election results on Monday showing Trump winning. Then if recount is still ongoing by dec 13. the federal deadline for states to report election results to congress, they can the stop recount and send the certified results to Congress and get their electors to vote. Unless a court throw out the certified results the PTB’s will use the certified results as the final official result!

Don’t know about WI whether certification will be delayed until the recount is complete or not.


153 posted on 11/27/2016 11:50:32 AM PST by dsm69 (Boycott News Media/Hollywood Advertisers)
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To: GilGil

Perhaps the men in black suits mentioned above work for the Clinton Crime Syndicate.


154 posted on 11/27/2016 11:51:18 AM PST by Gamecock (Gun owner. Christian. Pro-American. Pro Law and Order. I am in the basket of deplorables.)
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To: Reagan80

Hillary’s third run?

Time for a new tinfoil hat, for you.


155 posted on 11/27/2016 12:13:07 PM PST by billyboy15
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To: poinq
Drudge has an article up saying that their strategy is to demand a manual recount which might not be finished before the EC meets. And in that case it's 260 to 236 and it goes to Congress.

Congress will still seat Trump and Pence, but the democrats will claim that Trump was selected by congress and didn't win the popular vote or the EC.

I think it will backfire, big time.


156 posted on 11/27/2016 12:19:48 PM PST by DannyTN
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To: Thud

Tomorrow is the last day that Jill Stein can request any kind of a recount. The request for a recount, a direct request cannot be made because the deadline for that passed on the 23rd of November. The only road left for her now is to go before a judge and request a recount and if she does that she must show evidence of fraud or whatever else she claims is the reason she wants a recount.


157 posted on 11/27/2016 12:26:38 PM PST by billyboy15
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To: billyboy15
Tomorrow is the last day that Jill Stein can request any kind of a recount. The request for a recount, a direct request cannot be made because the deadline for that passed on the 23rd of November. The only road left for her now is to go before a judge and request a recount and if she does that she must show evidence of fraud or whatever else she claims is the reason she wants a recount.

I'm sure they've already found a judge willing to go along with this. She'll make her move tomorrow, and the process will begin there.

I hope Trump is taking this very, very seriously... Hillary can pull this off.

158 posted on 11/27/2016 12:29:04 PM PST by Cementjungle
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To: Cementjungle

No,no she can’t because every single vote “found”by Clinton can be challenged and Clinton needs either 70,000 new votes or 35,000 misappled votes.


159 posted on 11/27/2016 12:33:19 PM PST by billyboy15
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To: dsm69

“Don’t know about WI whether certification will be delayed until the recount is complete or not.”

Good question, according to Article II:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors”

So it looks like nothing can prevent the Wisconsin legislature from taking action as the Constitution gives them the power, if of course they choose to do so.


160 posted on 11/27/2016 12:38:43 PM PST by ScottfromNJ
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