Trump campaign loses legal fights in Georgia and Michigan, vows Nevada lawsuit

By Tom Hals and Jan Wolfe

(Reuters) – President Donald Trump’s campaign lost court rulings in the closely-contested states of Georgia and Michigan on Thursday, even as it vowed to bring a new lawsuit challenging what it called voting irregularities in Nevada.

In the Georgia case, the campaign alleged 53 late-arriving ballots were mixed with on-time ballots. In Michigan, it had sought to stop votes from being counted and obtain greater access to the tabulation process.

State judges tossed out both the suits on Thursday.

Judge James Bass, a superior court judge in Georgia, said there was “no evidence” that the ballots in question were invalid.

In the Michigan case, Judge Cynthia Stephens said: “I have no basis to find that there is a substantial likelihood of success on the merits.”

Trump allies alleged that there had been voting irregularities in Nevada’s populous Clark County, which includes Las Vegas.

A Trump campaign spokeswoman did not respond to requests for comment on the Michigan and Georgia rulings.

Votes are still being counted in all three states, among a handful of battleground states that could decide the presidency. Democratic challenger Joe Biden has a narrow lead in Nevada, Trump a narrow lead in Georgia, and Biden has been projected to win in Michigan.

At a news conference in Las Vegas on Thursday, former Nevada Attorney General Adam Laxalt and other Trump campaign surrogates, including former administration official Richard Grenell, gave no evidence to support their allegations of irregularities and did not answer questions from reporters.

“We believe that there are dead voters that have been counted. We are also confident that there are thousands of people whose votes have been counted that have moved out of Clark County during the pandemic,” Laxalt said.

He said a lawsuit would be filed in federal court to ask the judge to “stop the counting of improper votes.”

Joe Gloria, an election official in Clark County, told reporters there was no evidence of improper ballots being processed.

Bob Bauer, a senior advisor to Biden’s campaign, called the various Trump lawsuits a “meritless” distraction and said the strategy was designed to undermine the integrity of the electoral process.

“This is part of a broader misinformation campaign that involves some political theater,” he said.

“They’re intended to give the Trump campaign the opportunity to argue the vote count should stop. It is not going to stop,” he told reporters on Thursday.

Election legal experts have said Trump’s legal strategy is unlikely to have a decisive impact on the outcome of the election.

Trump has repeatedly said that he expects the U.S. Supreme Court, which has a 6-3 conservative majority including three justices he appointed, to have a key role.

But it is unlikely the court would have the final word in any decisive way and any challenge would have to make its way through the usual court process, legal experts say.

In Pennsylvania, where Trump is narrowly leading but Biden is making gains, the Trump campaign and other Republicans have already filed various legal challenges.

An appeals court in Pennsylvania on Thursday ordered that Trump campaign officials be allowed to more closely observe ballot processing in Philadelphia, which led to a brief delay in the count.

(Reporting by Steve Holland, Doina Chiacu, Tom Hals, Karen Freifeld, Julia Harte, Jan Wolfe, Daphne Psaledakis and Lawrence Hurley; Writing by Lawrence Hurley; Editing by Peter Graff, Sonya Hepinstall and Noeleen Walder)

Judge reviews ballot counting in suburban Philadelphia county

(Reuters) – A federal judge in Pennsylvania on Wednesday weighed arguments by Republicans seeking to stop a suburban Philadelphia county from counting mail-in and absentee ballots that voters had been permitted to correct.

U.S. District Judge Timothy Savage in Philadelphia appeared skeptical of arguments by the plaintiffs’ lawyer, which lawyers for Montgomery County election officials and the Democratic National Committee said could disenfranchise voters.

A decision could have implications for the national presidential race between Republican incumbent Donald Trump and Democratic rival Joe Biden.

Results in several states are unclear, and Pennsylvania is a battleground as mail-in ballots are tabulated. Trump appeared at the White House early Wednesday to falsely claim victory in the presidential race and make unsubstantiated allegations of electoral fraud.

The Pennsylvania lawsuit had been filed by Kathy Barnette, a conservative political commentator projected to lose her race for a House seat in the state’s 4th Congressional district, and Clay Breece, chairman of the Republican Committee in Berks County.

They accused Montgomery County election officials of having illegally “pre-canvassed” ballots for mistakes and allowing voters to correct them, and sought a temporary restraining order blocking them from being counted.

Thomas Breth, a lawyer for the plaintiffs, likened the case to the 2000 election, when the Supreme Court in Bush v. Gore settled a dispute over vote-counting in Florida, enabling Republican George W. Bush to capture the White House.

“It pains people to mention Bush Gore, but that’s the analysis that applies,” Breth said.

“It is creating the same situation that Florida created in 2000,” with “all of these different counties treating ballots in non-uniform manners,” he added. “There’s a solid argument that you’re voting twice.”

Savage, however, questioned Breth on the fairness of blocking voters from correcting mistakes on their ballots.

“So what happens to my vote?” the judge asked.

Breth said it could be “potentially disqualified.”

“But I was never given the opportunity” to fix it, Savage responded. “I am losing my vote.”

Election officials countered that there was no equal protection violation, and accused the plaintiffs of filing a last-minute lawsuit to undermine voters’ right to vote.

“No one is changing their ballot. No one is voting twice,” said Michele Hangley, a lawyer for the election officials.

She added that voters like the plaintiffs “don’t have a free-floating right to police other people’s votes.”

County officials estimated that only 49 votes were at issue in the lawsuit, while the plaintiffs estimated 1,200.

Savage was appointed to the bench by Bush in 2002.

As of 10:30 a.m. EST (1530 GMT), Barnette trailed Democratic incumbent Madeleine Dean in their House race by 15 percentage points with 84% of the vote counted, The New York Times said, citing data from the National Election Pool/Edison Research.

Dean was ahead by 16 percentage points in Montgomery County, portions of which comprises most of the district.

The case is Barnette et al v Lawrence et al, U.S. District Court, Eastern District of Pennsylvania, No. 20-05477.

(Reporting by Jonathan Stempel in New York and Tom Hals in Wilmington,; Editing by Alistair Bell)