Please ensure Javascript is enabled for purposes of website accessibility
Trump Campaign Drops Key Request in Pennsylvania Lawsuit
gvw_ap_news
By Associated Press
Published 4 years ago on
November 16, 2020

Share

HARRISBURG, Pa. — President Donald Trump’s campaign is withdrawing a central request in its lawsuit seeking to stop the certification of the election results in Pennsylvania, where Democrat Joe Biden beat Trump to capture the state and help win the White House.

Ahead of a Tuesday hearing in the case, Trump’s campaign dropped its request in the lawsuit that hundreds of thousands of mail-in and absentee ballots — 682,479, to be precise — be thrown out because they were processed without its representatives able to watch.

The campaign’s revised lawsuit, filed in federal court on Sunday, maintains the aim of blocking Pennsylvania from certifying a victory for Biden in the state, and it maintains its claim that Democratic voters were treated more favorably than Republican voters.

The campaign still contends in the lawsuit that hundreds of thousands of ballots weren’t properly processed.

“Our lawsuit in Pennsylvania absolutely still makes an issue of the 682,479 mail-in and absentee ballots that were counted in secret,” Trump campaign spokesman Tim Murtaugh tweeted.

The campaign said in a statement Monday that it “strategically decided to restructure its lawsuit to rely on claims of violations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.”

The Lawsuit Charges That ‘Democratic-Heavy Counties’ Violated the Law

The Trump campaign isn’t making that claim on the hundreds of thousands of mail-in and absentee ballots, however. Instead, in the revised suit, it targets the practice of giving voters an opportunity to fix mail-in ballots that were going to be disqualified for a technicality. It contends some Democratic-run counties allowed voters to do that, while Republican counties did not, arguing Democratic voters were treated more favorably than Republican voters.

The Associated Press on Nov. 7 called the presidential contest for Biden after determining that the remaining ballots left to be counted in Pennsylvania would not allow Trump to catch up. Trump has refused to concede.

The lawsuit charges that “Democratic-heavy counties” violated the law by identifying mail-in ballots before Election Day that had defects — such as lacking an inner “secrecy envelope” or lacking a voter’s signature on the outside envelope — so that the voter could fix it and ensure that the vote would count, called “curing.”

Republican-heavy counties “followed the law and did not provide a notice and cure process, disenfranchising many,” the lawsuit said.

Cliff Levine, a lawyer representing the Democratic National Committee, which is seeking to intervene, said it’s unclear how many voters were given the chance to fix their ballot and that there is nothing illegal about it.

But, he said, it is minimal and certainly fewer than the margin — almost 70,000 — that separates Biden and Trump.

“The numbers aren’t even close to the margin between the two candidates, not even close,” Levine said.

Uncounted provisional ballots sit in boxes at the Schuylkill County Election Bureau in Pottsville, Pa. on Tuesday, Nov. 10, 2020. (Lindsey Shuey/The Republican-Herald via AP)

Republican Lawyers Have Acknowledged They Had Certified Observers Watching Mail-in Ballots

In any case, there is no provision in state law preventing counties from helping voters to fix a ballot that contains a technical deficiency. Levine said the lawsuit does not contain any allegation that somebody voted illegally.

“They really should be suing the counties that didn’t allow (voters) to make corrections,” Levine said. “The goal should be making sure every vote counts.”

Pennsylvania’s top election official, Secretary of State Kathy Boockvar, a Democrat, responded in court on Sunday, asking the judge to dismiss the case. State courts are the proper jurisdiction for the subject, and the lawsuit contains no “plausible claim for relief on any legal theory,” the state’s lawyers wrote.

More than 2.6 million mail-in ballots were reported received by counties, and there has been no report by state or county election officials or a prosecutor of fraud or any other problem with the accuracy of the count.

A key theme of Trump and his supporters has been their claim that Philadelphia — a Democratic bastion where Trump lost badly — had not allowed Trump’s campaign representatives to watch mail-in and absentee ballots processed and tabulated.

However, Republican lawyers have acknowledged in a separate federal court proceeding that they had certified observers watching mail-in ballots being processed in Philadelphia. Gov. Tom Wolf’s administration has said that ballot watchers from all parties had observers throughout the process and that “any insinuation otherwise is a lie.”

DON'T MISS

FUSD’s Misty Her to Students: If You’re Not in School, We Can’t Help You Learn

DON'T MISS

Wired Wednesday: Breaking Down the Lawsuit vs. Community Health System

DON'T MISS

Friant Needs $90 Million to Pay for Massive Canal Project. Who Will Pony Up?

DON'T MISS

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

DON'T MISS

Ukraine’s Surprise Attack Has Forced Russia to Change Plans

DON'T MISS

Californians Will Vote on $18 Minimum Wage. Workers Want $25 and More.

DON'T MISS

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

DON'T MISS

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

DON'T MISS

Presented With Rise in Border Crossings, Kamala Harris Chose a Long-Term Approach to the Problem

DON'T MISS

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

UP NEXT

‘Republicans for Harris’ Hold Virtual Rally With Over 70,000 Participants

UP NEXT

Americans Give Harris an Advantage Over Trump on Honesty and Discipline, an AP-NORC Poll Finds

UP NEXT

US Rep. Ilhan Omar, a Member of the Progressive ‘Squad,’ Wins Democratic Primary in Minnesota

UP NEXT

Police Investigate Fatal Shooting in Southeast Fresno

UP NEXT

Leaked Videos Reveal Project 2025’s Radical Plans for Trump-like Administration

UP NEXT

US Rep. Ilhan Omar, a Member of the Progressive ‘Squad,’ Faces Repeat Primary Challenge in Minnesota

UP NEXT

Former Cornell Student Gets 21 Months in Prison for Posting Violent Threats to Jewish Students

UP NEXT

Trump Calls Harris a ‘Communist.’ That Shows How Worried He Is.

UP NEXT

Robert F. Kennedy Jr. Cannot Appear on New York Ballot, Judge Rules

UP NEXT

Trump Once Cheered Hacked Materials. His Tune Changes After Being Hacked.

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

3 hours ago

Ukraine’s Surprise Attack Has Forced Russia to Change Plans

3 hours ago

Californians Will Vote on $18 Minimum Wage. Workers Want $25 and More.

3 hours ago

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

4 hours ago

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

4 hours ago

Presented With Rise in Border Crossings, Kamala Harris Chose a Long-Term Approach to the Problem

5 hours ago

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

5 hours ago

What the Republican Party Might Look Like if Trump Loses

5 hours ago

Vikings QB McCarthy Needs Surgery on Meniscus Tear in Right Knee

6 hours ago

Japan’s Prime Minister Prepares to Step Down. Why, and What’s Next?

6 hours ago

FUSD’s Misty Her to Students: If You’re Not in School, We Can’t Help You Learn

Fresno Unified Interim Superintendent Misty Her has a special message for the district’s 69,745 students: Make sure you are in your se...

13 mins ago

13 mins ago

FUSD’s Misty Her to Students: If You’re Not in School, We Can’t Help You Learn

51 mins ago

Wired Wednesday: Breaking Down the Lawsuit vs. Community Health System

1 hour ago

Friant Needs $90 Million to Pay for Massive Canal Project. Who Will Pony Up?

3 hours ago

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

3 hours ago

Ukraine’s Surprise Attack Has Forced Russia to Change Plans

3 hours ago

Californians Will Vote on $18 Minimum Wage. Workers Want $25 and More.

4 hours ago

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

4 hours ago

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

MENU

CONNECT WITH US

Search

Send this to a friend