As of October 9, 2.8 million Americans have voted

election worker opens envelopes

Important Takeaways:

  • Nearly 3 million Americans have cast early ballots either in person or by mail with under four weeks to go until Election Day, an election tracking site shows.
  • Of that figure, nearly 504,000 people had voted early in person, and more than 2.37 million had voted by mail, the tracking site found.
  • About 47.5 million mail-in ballots have been requested so far. In comparison, more than 92 million mail-in ballots were requested through the 2020 election, according to the university.
  • In the states reporting how people voted by party, 56.3 percent of people who had returned early ballots were Democrats, representing about 732,378 people.
  • Another 27.4 percent were Republican, representing 356,797 voters, and 16.2 percent, or 210,980, were independent or members of a third party, according to the website.
  • Early in-person voting has been underway in some states for several weeks now. It begins next week in four more swing states: Georgia, Michigan, North Carolina, and Nevada.

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Important dates between now and the presidential inauguration on January 20, 2025

Presidential Debate watch party

Important Takeaways:

  • In just over a month, U.S. voters will decide the nation’s 47th president
  • Nov 5, 2024: Election Day
    • Depending on the state, mail-in ballots must either be postmarked by Election Day or received on Election Day. But counting the votes and certifying the results can take days, or even weeks.
  • Dec 11, 2024: Certificate of Ascertainment of Appointment of Electors
    • Every state appoints a certain number of individuals, called electors, who will cast the state’s electoral votes for president and vice president.
    • Electors pledge to vote according to the statewide or district popular vote.
  • Dec 17, 2024: Meeting and vote of electors
    • On the first Tuesday after the second Wednesday in December — this year, Dec. 17 — the appointed electors must meet in their respective states to cast their votes for president and vice president.
    • They then transmit signed and endorsed certificates attesting to their votes to officials in Washington, D.C., and their state.
  • Dec 25, 2024: Electoral votes received
    • The president of the Senate or the Archivist of the United States should receive the certificates from the electors on the fourth Wednesday in December: this year, Dec. 25.
  • Jan 3, 2025: 119th Congress convenes
    • On Jan. 3, representatives-elect and senators-elect will be sworn into the new Congress. This process happens every two years on this date following federal elections.
    • In the House of Representatives, this is also the day that the Speaker will be elected.
  • Jan 6, 2025: Congress Counts Electoral Votes
    • 6, 2025, is not just the four-year anniversary of the attack on the Capitol.
    • It is the day when the House and Senate will count and tally the electoral certificates in a joint session, starting in the early afternoon. The U.S. Constitution names the vice president as the president of the Senate and formally presides over the receiving and counting of electoral ballots cast in presidential elections and announces the result of the count.
  • Jan 20, 2025: Inauguration Day
    • On Jan. 20, 2025, people will fill the National Mall in D.C. to watch the elected president and vice president be sworn in.
    • They will take their respective oaths of office at the U.S. Capitol starting at 12 p.m. Eastern Time, and after they’ve been sworn in, the transfer of power from the former administration to the new administration is complete.

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Dangerous Times: US Secret Service sniper warns of another assassination attempt as agency’s failures exposed

AP - SS-Agents-at-Rally

Important Takeaways:

  • A Secret Service sniper claims that another assassination attempt against a presidential candidate seems inevitable before Election Day because the attack on former President Donald Trump exposed the weakness in Secret Service security, according to a scathing letter circulating within the agency.
  • “This agency NEEDS to change, if not now, WHEN? The NEXT assassination attempt in 30 days?” read the letter, first published by RealClearPolitics.
  • “We all SHOULD expect another attempt to happen before November. We’ve exposed our inability to protect our leaders due to our leadership.”
  • Law enforcement sources verified the authenticity of the letter to The Post.
  • It was sent Monday to the entirety of the Secret Service Uniformed Division — the agency’s police force that secures the White House.
  • The sniper demanded the resignation of high-level supervisors, whom the agent accused of failing rank-and-file Secret Service staff.
  • “Sadly we have fallen short for YEARS. We just got lucky and looked good doing it. I have conveyed these thoughts to not only supervisors … Only to be brushed off as those with less experience somehow knew more than me,” the letter read.
  • “Secret Service SUPERVISORS ‘knew better’ and the foot soldiers working, made the best of a BAD situation.”
  • It went on to say that the reputation of the Secret Service and all its agents had been marred by the failures of July 13, which resulted in Trump being shot in the ear and a hero firefighter behind him being killed. The sniper said the day was “a stain I will never be able to cleanse.”
  • The identity of the counter-sniper who wrote the letter is unclear. They described themselves as a veteran of the Marine Corps, and a member of Secret Service’s counter-sniper team for more than 20 years.
  • Law enforcement sources previously told The Post that a full 30 seconds elapsed between when local police confronted gunman Thomas Crooks and the first shots he fired at Trump — prompting questions as to why Trump was allowed to remain onstage.
  • The acting Secret Service director said Tuesday agents were never warned that Crooks was on the roof with a rifle.
  • Meanwhile, newly revealed footage from the site of the shooting showed local cops encircling the building he shot from for more than two minutes before the attack, reinforcing that baffling question.
  • Local police were in charge of the grounds from where Crooks fired, but the Secret Service was ultimately in charge of coordinating the day’s security.

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Judge orders twice daily sweeps for states still receiving ballots in U.S. election

By David Shepardson

(Reuters) – A judge on Thursday ordered twice daily sweeps at U.S. Postal Service (USPS) facilities serving states with extended ballot receipt deadlines as votes were still being counted in U.S. election battleground states.

Some states, including still undecided Nevada and North Carolina, are counting ballots that are received after Election Day Tuesday. Plaintiffs lawyers in a lawsuit said the Postal Service delivered roughly 150,000 ballots nationwide on Wednesday. Of those, roughly 8,000 or 9,000, were delivered after Tuesday even though they had been mailed by Sunday.

U.S. District Judge Emmet Sullivan said the processing centers must perform morning sweeps and then afternoon sweeps “to ensure that any identified local ballots can be delivered that day.”

USPS must report to headquarters “the total number of ballots identified and confirm that those ballots have been expedited for delivery to meet applicable extended state deadlines,” Sullivan added in an order.

Sullivan has been urging USPS to take all possible steps to ensure ballots are delivered before deadlines. He ordered the sweeps in response to lawsuits by groups including Vote Forward, the NAACP, and Latino community advocates.

“The pressing issues are where are the ballots and how do we get them delivered so they can be counted,” Sullivan said on Wednesday.

Ballots were still being counted by election officials in battleground states two days after polls closed in one of the most unusual elections in U.S. history because of the novel coronavirus pandemic. Democratic candidate Joe Biden was cutting into Republican President Donald Trump’s leads in Pennsylvania and Georgia but retained slim margins in Nevada and Arizona.

USPS is using priority mail networks through Saturday to deliver any remaining ballots.

(Reporting by David Shepardson; editing by Grant McCool)

Uncertain U.S. election outcome opens way for protests

By Michael Martina and Heather Timmons

DETROIT (Reuters) – After months of protests about racism and police brutality, the United States is now likely to see street demonstrations over the cliffhanger presidential election, after President Donald Trump falsely claimed victory and called for voting to stop.

About 100 people gathered for an interfaith event before a planned march through downtown Detroit, in the battleground state of Michigan, on Wednesday morning to demand a full vote count and what they called a peaceful transition of power.

The protest flyer called people to action to stop Trump from “stealing the election.”

Democrat-leaning activists were planning “protect the vote” rallies around Michigan on Wednesday afternoon, including one in front of the state capitol in Lansing.

“The message is that Michigan is fighting back and every vote must be counted,” said Kenny Williams Jr., a spokesman for Detroit Action, one of the groups organizing the Detroit event. “We understand that Republicans will likely try every trick in the book to win this election. But we are making our voices heard in saying that every vote must be counted.”

The excruciatingly close election hung in the balance, with a handful of closely contested states set to decide the outcome in the coming hours or days.

Trump falsely claimed victory in the early hours of the morning and made unsubstantiated allegations of electoral fraud in an extraordinary attack on the electoral process.

Michigan is still counting tens of thousands of ballots and expects to have an unofficial tally by the end of the day, the state’s secretary of state, Jocelyn Benson, told reporters.

Democratic candidate Joe Biden is narrowly leading Republican Trump with about 96% of the votes tallied in Michigan, according to the Detroit Free Press.

Trump’s remarks were the sort of call that protest organizers had planned for. The “Protect the Results” coalition of over 130 groups, from Planned Parenthood to Republicans for the Rule of Law, has said it had about 500 protests organized around the country.

“There were two criteria that were out there: One is Trump officially trying to block the counting of votes and other was falsely declaring that he won, and he did both last night,” said Adam Green, co-founder of the Progressive Change Campaign Committee, a group that supports left-wing Democrats running for office.

Fears of violence on Tuesday did not materialize as Americans turned out by the millions to vote. There were only a handful of incidents reported on an otherwise tranquil Election Day.

The concerns about possible unrest were heightened after a summer of protests, some of which turned violent, against racial injustice following the police killing of George Floyd in Minneapolis in May.

(Reporting by Michael Martina in Detroit and Heather Timmons in Washington; Writing by Jonathan Allen and Frank McGurty; Editing by Alistair Bell)

FBI investigating robocalls urging people to ‘stay home’ on Election Day

By Christopher Bing, Elizabeth Culliford and Raphael Satter

WASHINGTON (Reuters) – The FBI is looking into a spate of mysterious robocalls urging people to stay home on Election Day as the nation remains on high alert to ensure voting is not compromised, a Department of Homeland Security official said Tuesday.

U.S. state and local officials have been raising the alarm over at least two separate automated call campaigns as million of Americans cast their votes on Tuesday to decide between President Donald Trump and challenger Joe Biden.

Experts who spoke to Reuters say they are mystified by one of the campaigns, which tells people to remain home but does not explicitly mention voting.

“There’s a little bit of confusion about this one across the industry,” said Giulia Porter, vice president at RoboKiller, a company that fights telemarketers and robocalls and has been tracking the campaign.

Audio of the calls, which RoboKiller shared with Reuters, features a synthetic female voice saying: “Hello. This is just a test call. Time to stay home. Stay safe and stay home.” Porter said the call had been placed millions of times in the past 11 months or so but had on Tuesday shot up to No. 5 or No. 6 in the list of top spam calls.

“This robocall is being sent at a very high volume,” she said.

Porter said her company was still in the process of compiling figures on the campaign’s intensity on Tuesday but estimated that “thousands or tens of thousands” of people had received it.

The Federal Bureau of Investigation did not immediately return messages seeking comment.

One of them was Hashim Warren, a 40-year-old Democratic voter who lives in Greensboro, North Carolina, and works in marketing at a web development company.

Warren, who is Black, said the call triggered anxieties he and his wife already had about potential violence around the election from far-right supporters of President Donald Trump.

“Instead of saying like, Election Day is not today, the fact that it said ‘stay safe’ felt both vile and prescient as if they knew there were other things, real things happening in the world, not robocalls, that were making myself and my wife feel anxious,” Warren said in a telephone interview.

Janaka Stucky, 42, a Democratic voter who lives in Medford, Massachusetts, also received the robocall this morning.

“My first thought was that actually it was a municipal test call for a COVID lockdown thing,” he told Reuters.

“The more I thought about it I was like, oh this actually feels really off and weird and then started to feel like it was some sort of, maybe, voter suppression effort,” he added.

He said he voted weeks ago. “Joke’s on the robocalls. I’m stocked up on Halloween candy and I already voted,” he said.

Robocalls with similar or identical messages urging people to stay home were reported in series of battleground states including Florida and Iowa.

In Michigan, officials said they had reports of a separate batch of robocalls urging residents in the heavily Black city of Flint to “vote tomorrow” due to purported long lines.

“Obviously this is FALSE and an effort to suppress the vote,” Michigan Attorney General Dana Nessel said in a message posted to Twitter. “Don’t fall for it.”

It’s unclear what relation, if any, the Michigan calls have to do with the “stay home” calls.

Robocalls have long been a problem in the United States, which has struggled for years to put a lid on unwanted or scammy messages.

AT&T Inc, one of America’s leading telecommunications providers, did not return a message seeking comment. Verizon Communications Inc referred questions to USTelecom, an industry association.

USTelecom did not immediately return a message seeking comment.

(Reporting by Christopher Bing, Raphael Satter, and Elizabeth Culliford; Additional reporting by Jack Stubbs in London.; Editing by Lisa Shumaker)

Explainer: Can Trump call in troops to quell Election Day unrest?

By Jan Wolfe

(Reuters) – There have been pockets of unrest in battleground states ahead of the showdown between President Donald Trump and his Democratic challenger, Joe Biden, in Tuesday’s election.

On Saturday, peaceful participants at a rally in North Carolina to turn out the vote were pepper-sprayed by law enforcement officials. The Biden campaign canceled two events after a caravan of vehicles with Trump campaign flags swarmed a bus carrying campaign workers in Texas on Friday.

Trump, who previously declined to commit to a peaceful transfer of power if he decides Tuesday’s election results are fraudulent, could bring in the military or federal agents to quell civil unrest on Election Day.

Here is a look at the laws that give Trump authority in this area, and the limitations on his power.

WHAT IS THE INSURRECTION ACT?

Under the U.S. Constitution, governors of U.S. states have primary authority to maintain order within state borders. The 1878 Posse Comitatus Act bars the federal military from participating in domestic law enforcement.

The Insurrection Act, an exception to the Posse Comitatus Act dating back to 1807, permits the president to send in U.S. forces to suppress a domestic insurrection.

The Insurrection Act has been invoked dozens of times in U.S. history, but rarely since the civil rights movement of the 1960s.

It was last invoked in 1992 by President George H.W. Bush when the acquittal of four Los Angeles police officers in the beating of Black motorist Rodney King led to deadly riots. California’s governor supported Bush’s use of the law.

The act gives a president “awesome powers” and should be used as a last resort, said retired Army Major General John Altenburg, now a Washington lawyer.

DID TRUMP INVOKE THE ACT IN RESPONSE TO THIS YEAR’S ANTI-RACISM PROTESTS?

Trump considered invoking the act in response to violence and looting at mostly peaceful anti-racism protests in June. Trump dropped the idea after public pushback from Defense Secretary Mark Esper.

Instead, Trump sent U.S. Department of Homeland Security agents to cities like Washington and Portland, Oregon.

Those agents had military-style equipment but they were civilians and not members of the armed forces.

In the event of unrest on Election Day on Tuesday or in the ensuing days, Trump is more likely to activate those federal agents than the military, said Jimmy Gurulé, a University of Notre Dame law professor and former Justice Department official.

To do so, Trump would need to cite some violation of federal law that the agents are policing against. The DHS agents sent to Portland earlier this year were charged with enforcing a law against vandalizing federal property like courthouses.

CAN TRUMP ACTIVATE THE NATIONAL GUARD?

Yes, the U.S. government could activate, or “federalize,” the Army National Guard, a reserve force of part-time soldiers. Those civilian soldiers are usually activated by governors, but federal law also allows the U.S. government to mobilize them.

Once federalized, National Guard soldiers are under the full command and control of the defense secretary until they are returned to state status.

This year, many state governors have activated the National Guard to respond to the coronavirus pandemic and support local law enforcement in quelling disturbances.

SO TRUMP NEED NOT HAVE A GOVERNOR’S APPROVAL FOR SENDING IN TROOPS?

Right. Under the Insurrection Act, if a president determines that a rebellion has made it “impracticable” to enforce U.S. law through ordinary judicial proceedings, he may activate the armed forces without a governor’s approval “to enforce those laws or to suppress the rebellion.”

Historically, presidents and governors have generally agreed on the need for troops.

Trump can activate DHS agents, who are federal government employees, or the National Guard, without state approval.

There are limits, however, on the president’s power. Federal law makes it illegal for the military or other federal agents to interfere with an election. Deploying the military or DHS to polling places is illegal, for example.

CAN A COURT BLOCK A PRESIDENT’S USE OF FORCE?

Yes, but courts have historically been reluctant to second-guess a president’s military declarations, said Robert Chesney, a law professor at the University of Texas.

“When a president claims that the facts on the ground warrant invocation of the Insurrection Act, courts ordinarily would not second-guess this,” Chesney said. Judges, however, could break with precedent if they believed Trump had relied on false claims to justify the use of force, he said.

If Trump sends in DHS or other federal agents, they must respect the constitutional rights of civilians. Advocacy groups like the American Civil Liberties Union accused the agents in Portland of making arrests that violated the constitutional rights of protesters and journalists.

But the Trump administration had the lawful authority to use the agents, legal experts said.

(Reporting by Jan Wolfe; Additional reporting by Idrees Ali and Phil Stewart; Editing by Noeleen Walder, Howard Goller and Peter Cooney)

Polarized electorate, mail-in ballots could spark post-election legal ‘fight of our lives’

By Tom Hals

WILMINGTON, Del (Reuters) – U.S. Election Day on Tuesday has all the ingredients for a drawn-out court battle over its outcome: a highly polarized electorate, a record number of mail-in ballots and some Supreme Court justices who appear ready to step in if there is a closely contested presidential race.

The only missing element that would send both sides to the courthouse would be a razor-thin result in a battleground state.

“If it comes down to Pennsylvania and Florida I think we’ll be in the legal fight of our lives,” said Jessica Levinson, who teaches election law at Loyola Law School in Los Angeles.

Election disputes are not unusual but they are generally confined to local or statewide races, say election law experts.

This year, in the months leading up to the Nov. 3 showdown between Republican President Donald Trump and his Democratic challenger Joe Biden, the coronavirus pandemic fueled hundreds of legal challenges over everything from witness signatures, U.S. mail postmarks and the use of drop boxes for ballots.

“As soon as the election is over,” Trump told reporters on Sunday, “we’re going in with our lawyers.”

Two court rulings on deadlines for counting mail-in ballots have increased the likelihood of post-election court battles in the event of close outcomes in Pennsylvania and another crucial state, Minnesota, the experts said.

The 8th U.S. Circuit Court of Appeals ruled on Oct. 29 that Minnesota’s plan to extend the deadline for counting mail-in ballots was an unconstitutional maneuver by Minnesota Secretary of State Steve Simon, a Democrat.

Minnesota officials were instructed to “segregate” absentee ballots received after Nov. 3.

Simon has said officials will not appeal to the U.S. Supreme Court, but further litigation in the lower courts will determine whether those ballots will be counted.

Meanwhile, on Oct. 28, the U.S. Supreme Court let stand a ruling by Pennsylvania’s top court that allowed officials to count mail-in ballots that are postmarked by Election Day and received up to three days later.

The justices said there was not enough time to review the state court ruling. As in Minnesota, Pennsylvania officials will segregate those ballots, teeing up a potential court battle in the event of a close election.

If any post-election battles are heard by the Supreme Court, it will have a 6-3 conservative majority after Trump-appointed Amy Coney Barrett was confirmed on Oct. 26. Three of the justices were appointed by Trump.

The president said in September that he wanted his nominee confirmed because the election “will end up in the Supreme Court and I think it’s very important that we have nine justices.”

Election law specialists said the likelihood of the Supreme Court deciding the next president would require an outcome amounting to a tie in a state that would tip the election to one candidate or the other.

“Some of the president’s statements suggest he thinks the Supreme Court would simply be asked to decide who won the election,” said Adav Noti, senior director of trial litigation at Campaign Legal Center. “That’s not how election litigation works.”

Only one presidential election has been decided in the courts in the past 140 years. In 2000, Republican George W. Bush defeated Al Gore, a Democrat, who conceded after losing a decision at the U.S. Supreme Court over a recount in Florida.

Elections are governed by state laws and disputes generally play out in state courts where campaigns fight over recounts and the validity of voter registrations.

But in recent decisions, a minority of conservative Supreme Court justices appear to be setting the stage to aggressively review state courts when they are interpreting their own state’s constitutional voting protections.

On Oct. 26, the court kept in place Wisconsin’s policy requiring mail-in ballots to arrive by Election Day. Conservative Justice Brett Kavanaugh, a Trump appointee, wrote in an opinion accompanying the court’s action that “under the U.S. Constitution, the state courts do not have a blank check to rewrite state election laws for federal elections.”

Some scholars said the recent language could encourage campaigns to take an election challenge to the Supreme Court.

“It’s an invitation to challenge anything done to administer an election in a state that isn’t jot or tittle with what the legislature said to do,” Joshua Geltzer, executive director of Georgetown Law’s Institute for Constitutional Advocacy & Protection. “And that’s virtually everything.”

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Daniel Wallis)

Split screen: Trump and Biden to headline dueling town halls

By Joseph Ax

(Reuters) – U.S. President Donald Trump and Democratic challenger Joe Biden will hold dueling prime-time town halls on Thursday instead of their second presidential debate, which was canceled after Trump declined to take part in a virtual matchup.

With less than three weeks to go until the Nov. 3 vote, the Republican president is searching for ways to change the dynamics of a race in which Biden has a double-digit advantage in some national polls.

Nearly 15 million Americans, a record for this date, have cast ballots, according to the U.S. Elections Project at the University of Florida, as voters seek to avoid in-person lines on Election Day because of concerns about the novel coronavirus.

North Carolina, a highly competitive state, began more than two weeks of in-person early voting on Thursday. Local news reports showed long lines of voters eager to cast ballots, and Trump was due to hold an afternoon rally in Greenville in the eastern part of the state.

Trump’s campaign is counting on a surge of last-minute votes. But Reuters/Ipsos polling conducted between Oct. 9 and Oct. 13 shows there are far fewer undecided likely voters this year – around 8% – and they are just as likely to pick Biden as they are Trump.

Four years ago at this stage of the campaign, more than twice as many people were similarly wavering between Trump and his Democratic opponent, Hillary Clinton.

The Reuters/Ipsos polling shows Biden holding a 10 percentage-point lead nationally, with a tighter margin in the battleground states that will help decide the election.

Both candidates have been visiting those states this week, with Trump holding rallies in Florida, Pennsylvania and Iowa and Biden traveling to Ohio and Florida.

Trump has pulled into a statistical tie with Biden in Florida, a key battleground, with 47% support versus Biden’s 49%, and a credibility interval of 4 points, a Reuters/Ipsos opinion poll showed.

Thursday’s town halls, in which each candidate will field questions from voters, will take place at 8 p.m. EDT (0000 GMT), with Trump on NBC from Miami and Biden on ABC from Philadelphia.

Trump pulled out of the scheduled debate when the commission in charge of organizing the event said it would be held virtually after the president contracted the coronavirus. A final debate is still scheduled for Oct. 22 in Nashville, Tennessee.

On Thursday, the Biden campaign said two people involved in the campaign had tested positive for COVID-19, including one on the staff of U.S. Senator Kamala Harris, Biden’s running mate.

Although neither Biden nor Harris was in close contact with the people, the campaign said it was cancelling Harris’ travel until after Sunday, “in line with our campaign’s commitment to the highest levels of precaution.”

Trump has returned to the campaign trail after spending several days being treated for the virus in a military hospital.

NBC said on Wednesday that Clifford Lane, clinical director at the National Institutes of Health, and the government’s top infectious disease specialist, Anthony Fauci, had concluded “with a high degree of confidence” that Trump was no longer “shedding infectious virus.”

The election could be the most closely contested in recent memory due to a deeply divided electorate and the possibility that Trump will challenge widely used mail-in ballots, claiming without evidence they are fraudulent.

(Reporting by Trevor Hunnicutt and Chris Kahn in New York and Doina Chiacu and James Oliphant in Washington; Writing by Joseph Ax and Sonya Hepinstall; Editing by Colleen Jenkins and Matthew Lewis)