Please ensure Javascript is enabled for purposes of website accessibility

7.3 Magnitude Earthquake Strikes Off Alaska Coast. No Danger to California

4 hours ago

Federal Immigration Crackdown Threatens California’s Historic Housing Reforms

8 hours ago

US House Clears Procedural Hurdle on Cryptocurrency Legislation

8 hours ago

Fresno County Lifts Evacuation Order for Max Fire Near Pine Flat Lake

9 hours ago

Newsom Calls Trump a ‘Son of a B***h’ Over ICE Raids and Guard Deployment

10 hours ago

Trump Indicated to Republican Lawmakers He Will Fire Fed’s Powell, CBS Reports

11 hours ago

Wall Street Steadies as Investors Assess Inflation Data, Earnings

11 hours ago

Trump Administration Sued by US States for Cutting Disaster Prevention Grants

12 hours ago

Open Mic Contest Offers Fans a Chance to Perform at Outside Lands 2025

13 hours ago

PBS and NPR Mount Last-Ditch Fight to Save Federal Funding

1 day ago
Trump Campaign Drops Key Request in Pennsylvania Lawsuit
gvw_ap_news
By Associated Press
Published 5 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

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Trump Says He Is Ending Government Funding California’s High-Speed Rail Project

DON'T MISS

Bakersfield Tax Return Preparer Pleads Guilty in $25 Million Fraud Scheme

DON'T MISS

Congressional Hopeful Lorenzo Rios Says No to PBS Funding. Once Led Local Station

DON'T MISS

US Attorney Beckwith Dismissed by Trump Admin, Replaced With Sanchez

DON'T MISS

Trump Says He Would Love for Fed Chair Powell to Resign

DON'T MISS

Trump Says Coca-Cola Agreed to Use Real Cane Sugar in US

DON'T MISS

7.3 Magnitude Earthquake Strikes Off Alaska Coast. No Danger to California

DON'T MISS

US Renewable Power Transmission Project Under Fire From Farmers

DON'T MISS

Fresno Detectives Nab Murder Suspect With Help From Riverside Sheriff’s Deputies

DON'T MISS

Bains Is Challenging Valadao. An Early Look at Fundraising.

UP NEXT

Bains Is Challenging Valadao. An Early Look at Fundraising.

UP NEXT

Age Is Just a Number: 80-Year-Old Conquers Death Valley to Mt. Whitney Ultramarathon

UP NEXT

Is US Democracy Threatened? Majority of Californians, Including Republicans, Say Yes

UP NEXT

US Senator Seeks Safety Reforms After Fatal Collision Between Army Helicopter, Regional Jet

UP NEXT

PBS and NPR Mount Last-Ditch Fight to Save Federal Funding

UP NEXT

Elmo’s X Account Gets Hacked, Posts Antisemitic and Racist Messages

UP NEXT

Fire at Boston-Area Senior Living Facility Kills at Least Nine

UP NEXT

Arizona Governor Wants Investigation of Federal Handling of Grand Canyon Fire

UP NEXT

Record Numbers of Americans Say Immigration Is Good for Country: Gallup Poll

UP NEXT

Skydance in Early Talks to Acquire The Free Press, NYT Reports

US Attorney Beckwith Dismissed by Trump Admin, Replaced With Sanchez

3 hours ago

Trump Says He Would Love for Fed Chair Powell to Resign

3 hours ago

Trump Says Coca-Cola Agreed to Use Real Cane Sugar in US

3 hours ago

7.3 Magnitude Earthquake Strikes Off Alaska Coast. No Danger to California

4 hours ago

US Renewable Power Transmission Project Under Fire From Farmers

4 hours ago

Fresno Detectives Nab Murder Suspect With Help From Riverside Sheriff’s Deputies

6 hours ago

Bains Is Challenging Valadao. An Early Look at Fundraising.

7 hours ago

Trump, White House Race to Stem Epstein Conspiracy Fallout

7 hours ago

Wired Wednesday: Judge Gives Green Light to 4-Story NW Fresno Apt. Complex

8 hours ago

Federal Immigration Crackdown Threatens California’s Historic Housing Reforms

8 hours ago

Trump Says He Is Ending Government Funding California’s High-Speed Rail Project

WASHINGTON – President Donald Trump announced on Wednesday that he is ending government funding for California’s High-Speed Rail...

2 hours ago

A drone view of a California High-Speed Rail Bridge where it crosses through Fresno, California, U.S. June 8, 2025. (Reuters)
2 hours ago

Trump Says He Is Ending Government Funding California’s High-Speed Rail Project

2 hours ago

Bakersfield Tax Return Preparer Pleads Guilty in $25 Million Fraud Scheme

3 hours ago

Congressional Hopeful Lorenzo Rios Says No to PBS Funding. Once Led Local Station

3 hours ago

US Attorney Beckwith Dismissed by Trump Admin, Replaced With Sanchez

President Donald Trump looks on at the White House in Washington, D.C., U.S., July 16, 2025. (Reuters/Umit Bektas)
3 hours ago

Trump Says He Would Love for Fed Chair Powell to Resign

Coca-cola soda is shown on display during a preview of a new Walmart Super Center prior to its opening in Compton, California, U.S., January 10, 2017. (Reuters File)
3 hours ago

Trump Says Coca-Cola Agreed to Use Real Cane Sugar in US

4 hours ago

7.3 Magnitude Earthquake Strikes Off Alaska Coast. No Danger to California

Windmills line a hillside in Palm Springs, California, U.S., November 29, 2019. (Reuters File)
4 hours ago

US Renewable Power Transmission Project Under Fire From Farmers

Help continue the work that gets you the news that matters most.

Search

Send this to a friend