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Ballot Counting Is Delayed In These Six States With Legal Battles On The Horizon
The Federalist ^ | November 4, 2020 | Ilya Shapiro

Posted on 11/04/2020 8:38:21 AM PST by Kaslin

Several of these states will ultimately end up quite close, perhaps even with recounts. Will the Election Night leaders end up losers?


As expected (or feared) the presidential election is too close to call. A little after midnight, Joe Biden made a short and surreal speech at a drive‐​in amphitheater to declare “We’re gonna win this.” Then Donald Trump spoke to a packed East Room in the White House at about 2:30am and asserted, “We did win this election,” claiming several states that had yet to be called and making allegations of fraud and disenfranchisement.

I’m neither a pollster nor political reporter — but here’s why there are delays in the six states yet to be officially called (plus Arizona, which only Fox News and the Associated Press have called, for Biden) and, building on my earlier primer, legal issues that may arise:

Georgia

Trump maintains a consistent but not insurmountable lead as some mailed‐​in ballots, less than 10 percent of the total, remain to be counted, particularly in metro Atlanta’s DeKalb County and Savannah’s Chatham County. Ballots arriving after Election Day don’t count, so I imagine the state will be called today. Several counties in the Atlanta area ran into technical difficulties, but it’s unclear whether this will generate lawsuits or other problem beyond a delay in the count.

Michigan

Michigan is exceedingly close, with a slight Trump lead, though late‐​arriving ballots don’t count here either, so it’s just a matter of getting the million or so outstanding mailed‐​in ballots counted. Election officials had previously said that full unofficial results could take until the end of the week, but the secretary of state said last night that she expected to have “a very clear picture, if not a final picture” of the results by tonight.

Nevada

Biden maintains a small lead here, though officials said they didn’t know how many votes are left to count because ballots were mailed to all active registered voters and can arrive by Nov.10. The outstanding ballots are largely from Clark County (Las Vegas) and are not expected to be redder than the ones already counted. If this race tightens, and especially if Trump pulls ahead, expect a recount and litigation of some kind. It’s not clear what the issues would be unless there’s a dispute over standards for counting provisional ballots.

North Carolina

Trump held a 76,000-vote lead when he gave his early‐​morning remarks, but that was with about 200,000 mail‐​in ballots left to count. As long as those ballots were postmarked by yesterday, state election officials have until Nov. 12 to count them. And when it comes to mail ballots, Biden was far outperforming Trump. Expect close legal scrutiny of those late‐​arriving ballots, as well as perhaps an emergency request from the Trump campaign to stop the count if it can come up with a theory of why these ballots may be less legitimate.

Pennsylvania

This is the big kahuna, what everyone expects to be the “tipping” state, though Biden can win without it. As of Wednesday morning, Trump maintains a lead of about half a million votes with 1.5 million votes outstanding. By state law, officials couldn’t start processing mailed ballots until Election Day, though Secretary of the Commonwealth Kathy Boockvar has said that she expects “the overwhelming majority” of votes will be counted by Friday. The state supreme court controversially extended the receipt deadline to Nov. 6, and even more controversially allowed the counting of timely ballots without a postmark. The U.S. Supreme Court split 4–4 on whether to stay that ruling — the deciding vote, John Roberts, clearly preferred to kick the can down the road in the hope that it wouldn’t ultimately matter — but these issues could come roaring back should the election indeed turn on the Keystone State.

One lawsuit to watch already involves election officials in Montgomery County (Philadelphia suburbs) contacting voters who voted by mail and whose ballots have a defect, like a missing signature, to give the voters a chance to fix or “cure” the problem, apparently in violation of state law. A local Republican candidate sued to stop the practice and for the ballots not to be counted, both on the state law claim and because, citing Bush v. Gore, it’s a federal equal protection violation for some voters to be notified about curing their ballots and others not.

Wisconsin

Wisconsin is close, with a slight Biden lead, but here the U.S. Supreme blocked a court order to count mailed ballots arriving after Election Day because the order came from a lower federal court, not a state court, Chief Justice Roberts explained. Gov. Tony Evers had said he expects to know the results Wednesday at the latest, but with many ballots outstanding in Milwaukee County, this could drag on. If Biden’s lead narrows or evaporates, expect at least a recount and possibly litigation over late‐​arriving ballots.

Arizona

Biden leads this state — which would be the first to flip from its 2016 result, and indeed from its longtime GOP status — by about five percent with more than 80% of the vote counted, so it’s unlikely that Trump comes back to take it once officials finish their count today (late‐​arriving ballots don’t count). The Trump campaign pushed back ferociously when Fox News, of all outlets, called Arizona relatively soon after polls closed, so everyone else except the AP has shied away from making this call. But, as with the seemingly too‐​long wait to call Florida and Texas for Trump, this state seems clearly if not overwhelmingly in Biden’s column.

In sum, although several of these states will ultimately end up quite close, perhaps even with recounts — most states have automatic recounts with a small margin and an option for the losing candidate to pay for a recount for a slightly larger (but still small) margin — I would only expect serious litigation in places where Election Night leaders end up losers. In order of likelihood of that happening, those could be Trump‐​leading Pennsylvania, Michigan, and North Carolina, and Biden‐​leading Wisconsin.

And don’t forget the Senate races, which still haven’t been called in Alaska, Georgia, Maine, Michigan, and North Carolina — all of which currently have the Republican candidate leading — plus the special Georgia race that heads to a runoff Jan. 6, which could still decide the majority in the upper house.

This post was reprinted with permission from the Cato At Liberty Blog.


TOPICS: Culture/Society; Editorial; Politics/Elections
KEYWORDS: 2020; absenteeballots; donaldtrump; elections; joebiden; law; legallitigation; mailinvoting; northcarolina; pennsylvania; supremecourt; swingstates
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1 posted on 11/04/2020 8:38:21 AM PST by Kaslin
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To: Kaslin

“We’ve got to know how many votes Biden needs so we can count the votes.”


2 posted on 11/04/2020 8:41:00 AM PST by a fool in paradise (Joe Biden- "First thing I'd do is repeal those Trump tax cuts." (May 4th, 2019)l)
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To: Kaslin

North Carolina and Georgia probably get many military ballots.


3 posted on 11/04/2020 8:41:22 AM PST by Brian Griffin
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To: a fool in paradise

4 posted on 11/04/2020 8:43:00 AM PST by CodeToad (Arm Up! They Have!)
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To: Kaslin

I can not remember a time when Arizona had two Democrat senators. Especially these two. A crook and a kook.

We tried to tell them not to run McSally


5 posted on 11/04/2020 8:44:38 AM PST by McGavin999 (Justice delayed is justice denied.)
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To: Kaslin

He’s wrong about Arizona.

Gov. Ducey and RNC head Dr. Kelli Ward believe the remaining ballots in that state will break 3:1 for Trump, giving him a 30,000 vote victory.


6 posted on 11/04/2020 8:45:08 AM PST by july4thfreedomfoundation (Wipe ANTIFA off the face of the Earth. Indict Soros, too...their sugar daddy.)
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To: Kaslin
CNBC: Postal Service Data Shows Poor Mail-In Ballot Delivery Rate In Key Swing States

How con-veeeee-nient.

7 posted on 11/04/2020 8:45:13 AM PST by Kenny Bania (Ovaltine? Why not call it Roundtine?)
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To: Kaslin

Electors are supposed to be selected by the method of the state legislature.

Contamination of the state legislative method by a state judge might result in invalidating an entire state’s vote if such contamination can’t be undone.


8 posted on 11/04/2020 8:45:47 AM PST by Brian Griffin
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To: Kaslin
And possibly more. We could end up with examination of ballots for almost EVERY state in the country. And it will be the death knell for mail-in ballots and electronic voting machines.
9 posted on 11/04/2020 8:47:27 AM PST by RayChuang88 (FairTax: America's Economic Cure)
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To: Kenny Bania

On Monday, the USPS should have cleaned out each post office processing facility.

On Tuesday, processing should have been completed as much as possible to deliver ballots in the last possible hour to supervisors of elections.


10 posted on 11/04/2020 8:50:04 AM PST by Brian Griffin
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To: Brian Griffin
In that case there's no need for a candidate to file a legal challenge right away. The first course of action is for the state legislature to tell its own state courts to stand down, and overrule the courts accordingly.

I believe all of the states listed in this article other than Nevada have REPUBLICAN legislatures.

11 posted on 11/04/2020 8:51:47 AM PST by Alberta's Child ("There's somebody new and he sure ain't no rodeo man.")
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To: Kaslin

At this point, it’s not just about getting enough votes to win some races.
At this point it needs to be about exposing systemic Democrat voter fraud coordinated across multiple states — AND getting enough votes to win some races.


12 posted on 11/04/2020 8:53:22 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: Brian Griffin

North Carolina and Georgia probably get many military ballots.”

the NC SOS is a rat so we know how that will go.


13 posted on 11/04/2020 8:53:53 AM PST by gibsonguy
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To: Kaslin

Bump


14 posted on 11/04/2020 8:54:12 AM PST by Guenevere (**See you at the Franklin Graham Prayer March in DC on September 26!**)
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To: McGavin999

McGavin999 wrote:
<<
I can not remember a time when Arizona had two Democrat senators. Especially these two. A crook and a kook.

We tried to tell them not to run McSally
>>

**************************************************************

I don’t understand... Why is McSally considered a bad candidate?


15 posted on 11/04/2020 8:58:19 AM PST by DestroyLiberalism
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To: Guenevere; Alberta's Child

Please join us in binding and loosing, speaking the below out loud to the unseen world, speaking to our enemies in the gate, putting them to derision as in Ps2. Binding and loosing has a large effect, especially done regularly. Thank you. A sibling in Christ.
- - - - - - - - - - - - - - -

Time to Bind and Loose - Mt 18:18 and 16:19 and Luke 10:19

Do not be discouraged. Now is the time.

Galatians 6:9
“ And let us not be weary in well doing: for in due season we shall reap, if we faint not.”

Do not faint. Bind and Loose. Out Loud. Speak to our enemies in the gate. In Derision - Psalm 2. Speak the below out loud. Bind the spirits of FRAUD. Loose the Spirits of Truth.

DO NOT FALTER NOW.

BINDING & LOOSING

In the Name of Jesus Christ, WE bind the rulers, the strongmen, doorkeepers and all connected, related and resulting demons of ELECTION FRAUD, FALSE WEIGHTS AND MEASURES, witchcraft, Satan worship, human and animal sacrifice, magic, witchcraft control, mind control, mind occult and the occult of, over, in and working in and through:

THE UNITED STATES OF AMERICA, AND each and every state, territory, possession, parish, borough, ward, reservation, county, city, township, suburb, street, neighborhood, block, home and church. AND EVERY ELECTORAL MACHINE AND VOTE COUNTING PERSON AND ENTITY.

ESPECIALLY THE DISTRICT OF COLUMBIA, WHICH IS NOT A PART OF ANYTHING PREVIOUSLY NAMED.

PLUS EVERY POLLING STATION, USPS STATION AND EMPLOYEE, AND ALL POLL WATCHERS, ELECTORAL WORKERS, COUNTERS, AND ALL IN AUTHORITY OVER SAME.

AND MOST ESPECIALLY, ALL PERSONS AND ALL ENTITIES HAVING ANYTHING TO DO WITH MASS MEDIA OF ANY SORT: TELEVISION, NEWSPAPERS, AND SOCIAL MEDIA.

we loose, in the name of Jesus, upon and into all of Satan’s children, partaking
of and planning these wicked and evil practices, the spirits of:

Confusion, Forgetfulness, Destruction; also spirits of Salvation, Adoption as Children of God (Romans 8:15) and Deliverance.

We LOOSE the SPIRIT OF TRUTH OVER AND INTO EVERY GOVERNMENT AGENCY, POLITICAL ORGANISATION, ELECTORAL REPORTING AGENCY, REPORTER, NEWS BUREAU, NEWS REPORTING AGENCY, SOCIAL MEDIA PERPETRATOR, AND TALKING HEAD, ALONG WITH ALL PUBLICITY PERSONS AND ENTITIES AND COMPANIES, THAT THEY TELL THE TRUTH, OVER THE AIR AND ELECTRONICALLY AND ON PAPER, WHETHER THEY MEAN TO DO SO OR NOT.

We loose submission upon those our enemies. We loose salvation and deliverance upon our enemies. Save them, Lord.

we ask You, Father, to put a special covering of angels over each ceremony, coven, witch and warlock,

SPECIFICALLY INCLUDING ALL THOSE PLANNING AND PERPETRATING ELECTORAL FRAUD AND SEDITION, so that no curse or demon can emerge or be sent.

In the Name of Jesus, we return to the senders all curses, vexes, hexes, spells and demons that they have already or will attempt to send out, especially all those having to do with fraud or false weights.

Father, WE ask You to send special angels to protect (Exodus 8:22, 23), hide and put a hedge around (Job 1:10; Hosea 2:6) all your children who are in law enforcement and the armed forces; and all people and laws that would be sought out to be sacrificed or to be cursed, and all who are sounding the alarm and calling out and exposing evil.

May we do Your will today, O Lord God Almighty.

In Jesus’ Name, amen.


16 posted on 11/04/2020 8:59:40 AM PST by Norski
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To: All
One lawsuit to watch involves election officials in PA suburb Montgomery Cty contacting mail-in voters w/ defective ballots
to give them a chance to fix or “cure” the problem, like a missing signature..............apparently in violation of state law.......

A local Republican candidate sued to (A) stop the practice and (B) for the ballots not to be counted, both on the state law claim, and,
(C) because, (drum roll please) citing Bush v. Gore, in the FLA mess, it’s a "federal equal protection violation" for some voters to be
notified about curing their ballots while not notifying others.

17 posted on 11/04/2020 9:00:39 AM PST by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Kaslin

I have been actively following politics over fifty years now. One thing I have observed is that delays in vote counting always favor the Democrats. 2000 is the exception only because the USSC stepped in to stop the foolish. Otherwise, election officials in FL would have continued to manipulate the vote until Gore went ahead and then shut down the recounts.


18 posted on 11/04/2020 9:00:46 AM PST by CommerceComet (Joe Biden: Showing his leadership by cowering in the basement like a scared child.)
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To: july4thfreedomfoundation

from your post to God’s ears


19 posted on 11/04/2020 9:01:54 AM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: Kaslin

Trump lead in GA: 99,927

Ga numbers from the sec of state press conference:

Numbers he gave:
200,000 outstanding absentee ballots and another 43,000 early votes.

President’s lead

Dekalb: 52,000-54,000 (skews 80% dem)
Fulton:
Absentee: 74,000
Early: 43,000
Forsyth: 7,000


20 posted on 11/04/2020 9:03:34 AM PST by LilFarmer
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