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Pennsylvania Challenge Over Overseas Voting Rejected

Pennsylvania Challenge Over Overseas Voting Rejected

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As courts across the country make last-minute decisions about how ballots and parties will conduct the election, a federal judge on Tuesday turned down a challenge by GOP lawmakers in Pennsylvania to allow overseas voters to cast ballots in the battleground state. Expand or limit voter access.

timeline

29 OctoberU.S. District Judge Christopher Connor dismissed Guidance on overseas voting has been in place for years but the plaintiffs “offer no good excuse for waiting,” the judge said, citing a challenge by GOP lawmakers in Pennsylvania to federal rules that allow overseas voters to vote in the state with fewer verification requirements until the election is barely over. “Until I filed this lawsuit a month ago.”

28 OctoberThe Nevada Supreme Court followed the Republican National Committee and the Trump campaign upholding a lower court decision allowing the state to count ballots without postmarks arriving up to three days after Election Day lawsuit filed Preventing ballots from being counted because they claimed it would unlawfully dilute ballots that followed proper procedures.

25 Octoberfederal appeals court reigned It is illegal for Mississippi to accept ballots arriving after Election Day; but sent the case back to the lower district court for “appropriate action”; Therefore, it is still unclear whether late-arriving ballots will be accepted in this election.

25 Octobera federal judge ordered Virginia will restore more than one 1,600 voters After the Justice Department removed the state’s voter rolls on the grounds that they were not citizens (lawyers cited evidence showing that most of the removed voters were U.S. citizens and that they were removed by mistake). lawsuit filed Virginia Governor Glenn Youngkin and Attorney General Jason Miyares for allegedly violating federal law by purging voter rolls too close to the election.

October 23Pennsylvania Supreme Court reigned Voters whose mail-in ballots were rejected due to defects such as signature or date problems can use provisional ballots to ensure they can vote, after defending the RNC’s decision to block those voters from voting if they vote by mail. rejected.

October 22Supreme Court of Georgia approved blocking decision of a lower court new voting rules That means the rules won’t be in effect during the general election while litigation is ongoing, as are the requirements for hand-counting votes and other provisions that Democrats warn could delay certification of election results.

October 22a federal judge dismissed In the lawsuit regarding the voter rolls in Michigan, led by the Republican National Committee, it was claimed that the number of voters was “incredibly high” and that the state did not remove voters from the voter lists as required by law. plaintiffs did not present sufficient evidence of any wrongdoing.

21 OctoberJudges in Michigan and North Carolina rejected There are lawsuits filed by the RNC challenging overseas voters from voting in those states even if they never actually live there (for example, if their parents or spouses live there), with a Michigan judge calling this an “11th-hour attempt” to disenfranchise those states . voters.

18 OctoberA federal judge in Nevada dismissed An RNC lawsuit challenging the state’s voter rolls by claiming the voter turnout was “incredibly high,” as in Michigan, was the second time the case was dismissed and the plaintiffs settled without offering any “concrete details” of wrongdoing.

17 OctoberA Trump-appointed judge in North Carolina was shot A lawsuit by Republicans seeking to remove 225,000 voters from the state’s voter rolls, alleging fraud. The judge ruled that removing these electors would move the state “away from a democratic form of government.”

16 OctoberNebraska Supreme Court reigned Convicted felons can vote in the state after completing their sentences; That would defeat the state’s effort to prevent them from voting, as Nebraska gets even worse. important To determine which presidential candidate will win the Electoral College.

16 Octobera federal judge blocked In Alabama, a program that removed voters from voter rolls after the Justice Department sued to stop the program because it was too close to the election — claiming it would help prevent non-citizens from voting.

16 OctoberA lower Georgia state judge blocked new election rules In Georgia, that could potentially delay vote certification after Democrats suggested the state election board’s new rules could lead to “chaos” in November.

15 OctoberOhio Supreme Court approved Restrictions were placed on ballot drop boxes after the state imposed new restrictions stating that people dropping off ballots for voters with disabilities must go to the election office instead of dropping off ballots at drop boxes.

15 OctoberA Georgia state judge said state election workers must be certified After one official who has refused to certify the results in the past demanded clarification, and more than a dozen local officials in recent years voted against certifying their county’s election results, regardless of whether they thought any votes were fraudulent.

12 Octobera federal judge rejected An effort by conservatives to require Arizona voters to certify their citizenship ahead of the election.

7 OctoberPennsylvania Supreme Court rejected Taking up two voting lawsuits after Democrats objected to counties casting ballots with incorrect or missing dates and Republicans objected to some county officials allowing voters to fix problems with mail-in ballots that should not be allowed under state law.

What to Pay Attention to?

There are several cases that need to be decided by Election Day, including that of Marc Elias, a voting rights lawyer affiliated with the Democratic Party. reporting As of Sunday, 199 cases were pending in 40 states. The RNC has filed numerous lawsuits targeting voting practices. claiming Georgia’s Fulton County did not hire enough Republican poll workers, and Virginia appealed the voter rolls decision. Supreme Court. More cases are likely to be filed and resolved quickly in the week before Election Day.

What we don’t know

What Will Happen After Election Day? Close election results in any battleground state could lead to a flurry of lawsuits over how votes were counted and the election results; just as it did in 2020, when the Trump campaign launched a wide-ranging legal campaign challenging the vote count. Battleground states already bracing for expected post-election lawsuit onslaught, Reuters reports reportsArizona’s court system place an order Judges need to prioritize election cases to ensure certification is not delayed. An RNC official said the Republican and Democratic campaigns are also bracing for a busy legal environment ABC News The party has 5,000 volunteer lawyers ready to be deployed on Election Day, and ABC quoted an internal memo from Vice President Kamala Harris’ campaign claiming that litigation is “the most prepared campaign in history for what we face.”

Chief Critic

Democrats have heavily criticized Republicans for the numerous lawsuits they filed ahead of Election Day and are likely to continue filing lawsuits, arguing that the GOP is trying to sow doubt in the election results even before they arrive. “A record number of lawsuits were filed before the election — almost every day — in a seemingly coordinated effort to use the legitimacy of the courts to set the stage for discrediting an adverse outcome,” said Wendy Weiser, Director of the Democracy Program at the Brennan Center for Justice. “The lawsuits are not about getting legal help, they’re about spreading conspiracy theories,” he told ABC News. Many of the GOP lawsuits filed are based on concerns about election irregularities or fraud. non-citizen voting or mail-in ballotsAlthough evidence shows election fraud extremely rare and there is no evidence of widespread fraud in the 2020 election.

Key Background

Republicans have stepped up legal challenges and tightened voting rules since the 2020 election. Trump and his allies filed at least 60 lawsuits challenging vote counting in 2020 as the then-president made baseless claims of fraud, and Republicans used Trump’s claims of fraud as the basis of their lawsuits challenging voting rules. GOP-led states also pointed out Trump’s baseless claims to justify animation It had its own tighter restrictions on voting ahead of the 2024 election, which Democrats later challenged in court. RNC announced In April, he planned to make litigation a key part of his overall election strategy, launching a comprehensive “election integrity” effort with 100,000 staff and volunteers. General Counsel Charlie Spies said in a statement that “the RNC legal team will work tirelessly to ensure election officials comply with the rules” and “will aggressively sue them if they do not.”

Additional Reading

Judge Blocks GOP Georgia Election Officials—Says Board Must Certify Vote Counts (Forbes)

Georgia Judge Blocks Vote Count Rule in Blow to State’s GOP Election Officials (Forbes)

More than 165 Cases Already Shaping the 2024 US Presidential Election (Bloomberg)

‘Case selection’: Trump and Harris teams go to court in a flurry of cases before the election (ABC News)