Tag Archives: Michigan

U.S. Supreme Court may not have final say in presidential election, despite Trump threat

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) – While President Donald Trump has promised to ask the U.S. Supreme Court to weigh in on a presidential race that is still too close to call, the nation’s top judicial body may not be the final arbiter in this election, legal experts said.

Election law experts said it is doubtful that courts would entertain a bid by Trump to stop the counting of ballots that were received before or on Election Day, or that any dispute a court might handle would change the trajectory of the race in closely fought states like Michigan and Pennsylvania.

With vote-counting still underway in many states in the early hours of Wednesday morning, Trump made an appearance at the White House and declared victory against Democratic challenger Joe Biden.

“This is a major fraud on our nation. We want the law to be used in a proper manner. So we’ll be going to the U.S. Supreme Court. We want all voting to stop,” he said.

The Republican president did not provide any evidence to back up his claim of fraud or detail what litigation he would pursue at the Supreme Court.

As of Wednesday afternoon, the election still hung in the balance. A handful of closely contested states could decide the outcome in the coming hours or days, as a large number of mail-in ballots cast amid the coronavirus pandemic appears to have drawn out the process.

However, legal experts said that while there could be objections to particular ballots or voting and counting procedures, it was unclear if such disputes would determine the final outcome.

Ned Foley, an election law expert at Ohio State University, said on Twitter that the Supreme Court “would be involved only if there were votes of questionable validity that would make a difference, which might not be the case.”

Both Republicans and Democrats have amassed armies of lawyers ready to go to the mat in a close race. Biden’s team includes Marc Elias, a top election attorney at the firm Perkins Coie, and former Solicitors General Donald Verrilli and Walter Dellinger. Trump’s lawyers include Matt Morgan, the president’s campaign general counsel, Supreme Court litigator William Consovoy, and Justin Clark, senior counsel to the campaign.

Benjamin Ginsberg, a longtime Republican election lawyer, said on CNN that any attempt to toss out legally cast votes would likely “be viewed by any court including the Supreme Court as just a massive disenfranchisement that would be frowned upon.” Ginsberg represented George W. Bush’s presidential campaign in 2000 when the Supreme Court ended a recount in Bush’s favor against Democrat Al Gore.

Trump attorney Jenna Ellis on Wednesday defended Trump’s bid to challenge the vote count and evaluate his legal options. “If we have to go through these legal challenges, that’s not unprecedented,” Ellis told Fox Business Network in an interview. “He wants to make sure that the election is not stolen.”

Bringing a case to federal court immediately was one possibility, she added, without giving further details. “We have all legal options on the table.”

The case closest to being resolved by the Supreme Court is an appeal currently pending before the justices in which Republicans are challenging a September ruling by Pennsylvania’s top court allowing mail-in ballots that were postmarked by Election Day and received up to three days later to be counted.

The Supreme Court previously declined to fast-track an appeal by Republicans. But three conservative justices left open the possibility of taking up the case again after Election Day.

Even if the court were to take up the case and rule for Republicans, it may not determine the final vote in Pennsylvania, as the case only concerns mail-in ballots received after Nov. 3.

In a separate Pennsylvania case filed in federal court in Philadelphia, Republicans have accused officials in suburban Montgomery County of illegally counting mail-in ballots early and also giving voters who submitted defective ballots a chance to re-vote.

If Biden secures 270 electoral votes without needing Pennsylvania, the likelihood of a legal fight in that state diminishes in any case, legal experts said.

And any challenge would also need to make its way through the usual court hierarchy.

“I think the Court would summarily turn away any effort by the President or his campaign to short-circuit the ordinary legal process,” said Steve Vladeck, a professor at the University of Texas at Austin School of Law.

“Even Bush v. Gore went through the Florida state courts first.”

(Reporting by Andrew Chung in New York, Lawrence Hurley in Washington, Karen Freifeld in New York and Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Rosalba O’Brien)

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)

Factbox: Seven states that are deciding the U.S. presidential election

(Reuters) – The U.S. presidential election will be decided in seven states where votes are still being counted that could swing the outcome to either Republican President Donald Trump or his challenger Joe Biden.

Biden held a lead in four of the states that together award 43 Electoral College votes, which could just allow the Democrat to reach the 270 votes he would need to win, while Trump led in three that hold 51 Electoral College votes, which would push his total to 265.

Here’s a state-by-state look:

ARIZONA

Electoral votes: 11

Rating: Leaned Democratic ahead of the vote

Vote counting: This one appears to be in the Biden column, but only two of the six news organizations that Reuters is following have called Arizona for Biden, and Edison Research has not yet done so. All absentee ballots had to arrive by the close of polls on Election Day. Ballots could be scanned and tabulated starting 14 days before Tuesday.

GEORGIA

Electoral votes: 16

Rating: Leaned Republican ahead of the vote

Vote counting: No organization had yet to call the presidential contest. Trump has a lead but Biden could make up ground in the uncounted votes around Atlanta. Absentee ballots had to be received by clerks by the close of polls on Election Day. Ballots could be opened and scanned on receipt, but they could not be tallied until after the polls closed on Tuesday. Officials in Fulton County, home to Atlanta and a tenth of all Georgians, warned on Tuesday that its vote count would not be finalized until Wednesday.

PENNSYLVANIA

Electoral votes: 20

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization had yet to call the presidential contest in Pennsylvania. Trump appeared to have a substantial lead but many of the outstanding mail-in ballots yet to be counted were from strongly Democratic areas. Absentee ballot counting began at 7 a.m. on Election Day. Last week, the U.S. Supreme Court let stand a ruling by Pennsylvania’s top court that officials in the state could accept mail-in ballots three days after Tuesday’s election, so long as they were postmarked by Election Day.

WISCONSIN

Electoral votes: 10

Rating: Leaned Democratic ahead of the vote

Vote counting: Two of the six news organizations that Reuters is following have called Wisconsin for Biden, and a third has called Biden the apparent winner, pending a potential recount. Edison Research has not yet called the race. Biden held a thin lead within the margin that would allow the Trump campaign to call for a recount. The state’s election officials could not count mail-in ballots that arrive after Election Day, the U.S. Supreme Court ruled on Oct. 26. Ballots could not be counted until polls opened on Tuesday.

MICHIGAN

Electoral votes: 16

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization has yet to call a winner in the presidential contest in Michigan, though Biden held a small lead. Absentee ballots had to arrive at clerks’ offices by the close of polls on Election Day. Some densely populated jurisdictions in the state, such as Detroit, began sorting absentee ballots on Monday, but the vast majority did not. Clerks could begin scanning and counting absentee ballots at 7 a.m. on Tuesday. Michigan Secretary of State Jocelyn Benson said on Wednesday the state would have a clearer picture by the end of the day.

NORTH CAROLINA

Electoral votes: 15

Rating: Leaned Republican ahead of the vote

Vote counting: No organization has yet called a winner in the presidential election, though Trump held a lead. Edison and three news organizations have called the governor’s race for incumbent Roy Cooper, a Democrat.

North Carolina absentee ballots could be scanned weeks in advance, but results could not be tallied before Election Day. In a defeat for Trump, the U.S. Supreme Court declined last week to block the state’s plan to tally ballots that are postmarked by Tuesday and arrive by Nov. 12.

NEVADA

Electoral votes: 6

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization has yet to determine a winner in the presidential election. Biden held a razor-thin lead but final results could be delayed until later in the week. Absentee ballots could be processed upon receipt starting 14 days before the election, but results are not released until election night. Mail-in ballots postmarked by Tuesday will be counted so long as they arrive within seven days after the election.

(Reporting by Michael Martina and Julia Harte, Rich McKay, Brendan O’Brien, Jarrett Renshaw and Daniel Trotta; Editing by Scott Malone and Angus MacSwan)

With one day left, Trump and Biden search for last-minute support in key states

By Steve Holland and Trevor Hunnicutt

OPA-LOCKA, Fla./WILMINGTON, Del. (Reuters) – U.S. President Donald Trump hunts for support in four battleground states on Monday while Democratic rival Joe Biden focuses on Pennsylvania and Ohio during the final day of campaigning in their race for the White House.

The Republican Trump trails Biden in national opinion polls ahead of Tuesday’s Election Day. But the race in swing states is seen as close enough that Trump could still piece together the 270 votes needed to prevail in the state-by-state Electoral College that determines the winner.

Trump, aiming to avoid becoming the first incumbent president to lose re-election since fellow Republican George H.W. Bush in 1992, will hold five rallies on Monday in North Carolina, Pennsylvania, Wisconsin and Michigan.

He won those states in 2016 against Democrat Hillary Clinton, but polls show Biden is threatening to recapture all four for Democrats.

In a year that has seen much of American life upended by the coronavirus pandemic, early voting has surged to levels never before seen in U.S. elections. A record-setting 94 million early votes have been cast either in-person or by mail, according to the U.S. Elections Project, representing about 40% of all Americans who are legally eligible to vote.

Trump will wrap up his campaign in Grand Rapids, Michigan, the same place he concluded his 2016 presidential run with a post-midnight rally on Election Day.

Biden, running mate Kamala Harris and their spouses will spend most of Monday in Pennsylvania, splitting up to hit all four corners of a state that has become vital to the former vice president’s hopes.

Biden will rally union members and African-American voters in the Pittsburgh area before being joined for an evening drive-in rally in Pittsburgh by singer Lady Gaga.

He also will make a detour to bordering Ohio, spending time on his final campaign day in a state that was once considered a lock for Trump, who won it in 2016, but where polls now show a close contest.

Former President Barack Obama, whom Biden served as vice president for eight years, will hold a get-out-the-vote rally in Atlanta on Monday before closing out the campaign in the evening with a rally in Miami.

Biden has wrapped up the campaign on the offensive, traveling almost exclusively to states that Trump won in 2016 and criticizing the president’s response to the coronavirus pandemic, which has dominated the race.

Biden accuses Trump of giving up on fighting the pandemic, which has killed more than 230,000 Americans and cost millions of jobs. Polls show Americans trust Biden more than Trump to fight the virus.

During a frantic five-state swing on Sunday, Trump – who was impeached by the Democratic-led House of Representatives last December and acquitted by the Republican-controlled Senate in February – claimed he had momentum.

He promised an economic revival and imminent delivery of a vaccine to fight the pandemic.

Dr. Anthony Fauci, the top U.S. infectious diseases expert, has said the first doses of an effective coronavirus vaccine will likely become available to some high-risk Americans in late December or early January.

Trump, who has often disagreed with Fauci publicly, suggested early on Monday he might fire him as director of the National Institute of Allergy and Infectious Diseases after the election.

A ‘TERRIBLE THING’

Trump again questioned the integrity of the U.S. election, saying a vote count that stretched past Election Day would be a “terrible thing” and suggesting his lawyers might get involved.

Americans have already cast nearly 60 million mail-in ballots that could take days or weeks to be counted in some states – meaning a winner might not be declared in the hours after polls close on Tuesday night.

“I don’t think it’s fair that we have to wait for a long period of time after the election,” Trump told reporters. Some states, including battlegrounds Pennsylvania and Wisconsin, do not start processing mail-in votes until Election Day, slowing the process.

Trump has repeatedly said without evidence that mail-in votes are prone to fraud, although election experts say that is rare in U.S. elections. Mail voting is a long-standing feature of American elections, and about one in four ballots was cast that way in 2016.

Democrats have pushed mail-in voting as a safe way to cast a ballot in the coronavirus pandemic, while Trump and Republicans are counting on a big Election Day in-person turnout.

Both campaigns have created armies of lawyers in preparation for post-election litigation battles.

“We’re going in the night of – as soon as the election is over – we’re going in with our lawyers,” Trump told reporters without offering further explanation.

The attorneys general of Michigan and Pennsylvania, both Democrats, challenged Trump’s rhetoric on Twitter.

“The election ends when all the votes are counted. Not when the polls close,” Michigan Attorney General Dana Nessel wrote.

In a sign of how volatile the election could be, buildings for blocks around the White House were boarded up over the weekend. Federal authorities planned to extend the perimeter fencing around the White House to by several blocks, encompassing the same area fenced out during this summer’s protests against racism and police brutality, according to U.S. media.

To help ensure mail-in ballots are delivered in a timely fashion, a U.S. judge on Sunday ordered the U.S. Postal Service to remind senior managers they must follow its “extraordinary measures” policy and use its Express Mail Network to expedite ballots.

A federal judge in Texas on Monday will consider a Republican request to throw out about 127,000 votes already cast at drive-through voting sites in the Democratic-leaning Houston area.

The FBI, meanwhile, is investigating an incident in Texas when a pro-Trump convoy of vehicles surrounded a tour bus carrying Biden campaign staff. The caravan, which Trump praised, prompted the Biden campaign to cancel at least two of its Texas events, as Democrats accused the president of encouraging supporters to engage in acts of intimidation.

(Reporting by Steve Holland in Opa-Locka, Florida, and Trevor Hunnicutt in Wilmington, Delaware; Writing by John Whitesides; Editing by Scott Malone and Alistair Bell)

Explainer: ‘Dueling electors’ pose risk of U.S. vote deadlock

By Tom Hals

(Reuters) – In the United States, a candidate becomes president by securing the most “electoral” votes rather than winning a majority of the national popular vote. Known as the Electoral College, the system allots electors to the 50 states and the District of Columbia largely based on their population.

It is theoretically possible for the governor and legislature, each representing a different political party, to submit two different election results, leading to so-called “dueling slates of electors.”

Below are details of how that might play out.

What are electors?

The U.S. president is selected by 538 electors, known as the Electoral College, with electors apportioned based on each state’s population. The popular vote in each state typically determines which candidate receives a state’s electoral votes.

The U.S. Constitution and the 1887 Electoral Count Act govern the counting of electoral votes and any related disputes. The electors will meet on Dec. 14 to cast votes, which are then counted by Congress on Jan. 6 in a process overseen by Vice President Mike Pence in his role as Senate president.

What are dueling electors?

States with close contests between Republican President Donald Trump and his Democratic rival Joe Biden could produce competing slates of electors, one certified by the governor and the other by the legislature.

The risk of this happening is heightened in the battleground states of Michigan, North Carolina, Pennsylvania and Wisconsin, which have Democratic governors and Republican-controlled legislatures.

Some election law experts are concerned that an unprecedented volume of mailed-in votes and legal challenges will delay the outcome of the election for weeks, creating an extended period of uncertainty.

Trump has repeatedly said the election is rigged and made unfounded attacks on mail-in voting, which tends to favor Democrats.

If early returns show a Trump lead, experts say the president could press Republican-controlled legislatures to appoint electors favorable to him, claiming the initial vote count reflects the true outcome.

Governors in those same states could end up backing a separate slate of electors pledged to Biden if the final count showed the Democratic candidate had won.

Both sets of electors would meet and vote on Dec. 14 and the competing results would be sent to Congress.

Which set of electors would prevail?

Both chambers of Congress could accept the same slate of electors, which would almost certainly put the matter to rest.

The chambers could also split, which is more likely if the Republicans retain control of the Senate and Democrats hold onto their House majority.

If lawmakers cannot agree on a set of electors, the country will find itself in uncharted territory.

The Electoral Count Act, often described by academics as “unintelligible,” seems to favor the slate of electors certified by the state’s governor, according to Ned Foley, a professor at Ohio State University Moritz College of Law.

But Foley notes that some scholars and an analysis by the Congressional Research Service have rejected that conclusion.

Academics have sketched out several scenarios. Under one, Pence as president of the Senate could throw out both sets of a state’s electors. Another contemplates that the House of Representatives would end up choosing between Biden and Trump. There is even a scenario in which the Speaker of the House, currently Democrat Nancy Pelosi, could become acting president.

Would the U.S. Supreme Court get involved?

The Supreme Court may be called upon to interpret the Electoral College Act to break any deadlock.

A Supreme Court ruling helped resolve the 2000 election in favor of George Bush over Al Gore, but that case was about a recount in Florida and the decision was reached before electors met to cast their votes.

“I think there will be legal challenges,” said Jessica Levinson, director of Loyola Law School’s Public Service Institute. “But I could see a court saying this would really be better left up to Congress.”

Has this happened before?

In 1876, dueling electors in three states were deadlocked until a deal was brokered days before Inauguration Day.

The dispute was resolved after Republican Rutherford B. Hayes became president in exchange for withdrawing U.S. troops left over from the Civil War from Southern states.

“I hope it’s a very low probability event but 1876 is a reminder that it is not zero and we have come very close to falling over that cliff in our history,” Foley said.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Aurora Ellis)

Michigan governor signs bill giving state clerks more time to count absentee ballots

DETROIT (Reuters) – Michigan Governor Gretchen Whitmer on Tuesday signed into law a bill that gives clerks in larger cities of the battleground state an extra 10 hours to open and sort, but not count, absentee ballots in a move to speed the Election Day counting process on Nov. 3.

Whitmer and Secretary of State Jocelyn Benson, both Democrats, for months had advocated for the Republican-controlled state legislature to pass such a bill, arguing that without it election results could be significantly delayed and thousands of voters possibly disenfranchised.

“Your voice will be heard in November,” Whitmer said during a video news conference.

Benson called the new law “a step in the right direction,” but added that a final tally in Michigan may not be available until the Friday after Election Day.

The law also allows clerks to use an additional shift to process and count the ballots, and to contact voters if there are issues with signatures on the outside of the ballots, and calls for the installation of video monitors of absentee-ballot drop boxes.

The issue has taken on added importance as Americans rush to cast ballots ahead of the election at an unprecedented pace, indicating a possible record turnout for the showdown between President Donald Trump and Democratic challenger Joe Biden.

Michigan is an important state, which Trump won by fewer than 11,000 votes in 2016, but is now leaning toward Biden according to opinion polls.

Demand for absentee ballots, especially among Democrats, has been driven by fear of infection from the coronavirus in public. Trump has repeatedly claimed without evidence that mail-in voting is prone to fraud.

Counting mail ballots is often slower because officials must open thick envelopes, verify ballots and voters’ identities, compared with the simpler, speedier process at a polling center where voters cast ballots in person.

Last month, a Michigan judge ruled that mailed ballots postmarked by Nov. 2 must be counted in the state as long as they are received within two weeks of the election.

(Reporting by Ben Klayman in Detroit; Editing by Matthew Lewis)

Biden to hit the campaign trail after negative test for COVID-19

By Jeff Mason and Trevor Hunnicutt

WILMINGTON, Del. (Reuters) – Democratic presidential candidate Joe Biden plans to head to the battleground state of Michigan and resume campaigning on Friday after testing negative for coronavirus, hours after President Donald Trump was sidelined by contracting the virus.

Biden, who met in a one-on-one debate with Trump on Tuesday night, and his wife Jill tested negative for coronavirus on Friday, their doctor said in a statement.

After the result was announced, Biden headed to the airport, where he was scheduled to travel to Grand Rapids, Michigan, for a campaign event.

“I’m happy to report that Jill and I have tested negative for COVID,” Biden said on Twitter. “Thank you to everyone for your messages of concern. I hope this serves as a reminder: wear a mask, keep social distance, and wash your hands.”

Biden earlier sent well wishes to Trump, his rival in the Nov. 3 presidential election, who is experiencing mild symptoms after testing positive for coronavirus.

The White House and his election campaign were scrambling to adjust to the bombshell development.

(Reporting by Jeff Mason in Wilmington, Delaware, Trevor Hunnicutt in New York and Doina Chiacu in Washington; Editing by Chizu Nomiyama and Alistair Bell)

Coronavirus fuels historic legal battle over voting as 2020 U.S. election looms

By Joseph Ax

(Reuters) – The Nov. 3 contest between President Donald Trump and Democratic challenger Joe Biden has generated an unprecedented wave of election-related litigation, as both sides seek to shape the rules governing how votes are tallied in key states.

With 40 days left, the court clashes have spread to every competitive state amid the coronavirus pandemic, which has fueled pitched battles over seemingly mundane issues such as witness signatures, U.S. mail postmarks and the use of drop boxes for ballots.

Trump’s unfounded attacks on voting by mail and delivery delays amid cost-cutting measures at the U.S. Postal Service have only intensified the urgency of the litigation.

A Reuters analysis of state and federal court records found more than 200 election-related cases pending as of Tuesday. Overall, at least 250 election lawsuits spurred by the coronavirus have been filed, according to Justin Levitt, a Loyola Law School professor who has been tracking the litigation.

The pandemic has turned what were once minor hurdles, such as witness signature requirements, into potentially major obstacles, while exacerbating existing concerns.

“In the past, long lines would be disenfranchising or deterring, but in this case they can be deadly,” said Myrna Perez, who directs the voting rights and elections program at New York University’s Brennan Center for Justice.

Democrats generally have sought to ease restrictions on mail ballots, which are surging as voters want to avoid the risk of visiting in-person polling sites.

“The Biden campaign has assembled the biggest voter protection program in history to ensure our election runs smoothly and to combat any attempt by Donald Trump to interfere in the democratic process,” Mike Gwin, a Biden spokesman, said.

Republicans say they are trying to prevent illegal voting, although experts say voter fraud is exceedingly rare.

“Democrats are working to shred election integrity measures one state at a time, and there’s no question they’ll continue their shenanigans from now to November and beyond,” said Matthew Morgan, general counsel for the Trump campaign.

A flurry of court decisions this month have delivered several Democratic wins, although many remain subject to appeal. In the key states of Michigan, Pennsylvania, Wisconsin and North Carolina, officials will count ballots that arrive after Nov. 3, as long as they were sent by Election Day.

Several pending cases, including in competitive Texas, Pennsylvania and Michigan, could have a major impact on those states’ elections.

In Pennsylvania, for instance, Republicans will ask the U.S. Supreme Court to step in after the state’s highest court rejected their bid to limit drop boxes and disqualify late-arriving ballots. The Trump campaign is pursuing a separate federal lawsuit over some of the same issues.

In Texas, state Attorney General Ken Paxton, a Republican, has sued officials in Harris County to stop them from sending absentee ballot applications to all voters. The county, which includes Houston, is the state’s most populous, with nearly 5 million residents.

Republicans prevailed in several earlier cases.

In Florida, a federal appeals court blocked hundreds of thousands of ex-felons from voting in November. In Texas, where only those 65 years and older can vote by mail without having to provide a valid reason such as disability, a series of court rulings have stymied Democratic efforts to extend that right to all residents.

SUPREME COURT BATTLE TO COME?

The influx of cases may also be a preview of what is to come after Nov. 3, when new fights could arise over which ballots should be counted.

Both campaigns have assembled armies of lawyers in preparation.

The Biden campaign has lined up hundreds of attorneys and has brought in top lawyers like former U.S. Solicitors General Donald Verrilli and Walter Dellinger and former Attorney General Eric Holder as advisers.

Marc Elias, the Democratic attorney who has coordinated many election lawsuits this year on behalf of left-leaning groups, is heading a team focused on state-by-state voter protection.

Trump’s campaign, for its part, has filed multiple challenges to states like Nevada and New Jersey that plan to mail a ballot to every voter.

Some Democrats are concerned that if Republicans succeed in getting a successor to the late liberal Justice Ruth Bader Ginsburg on the Supreme Court before the election, it will ensure Trump wins any dispute that ends up at the high court.

The Supreme Court’s decision in 2000 to stop the Florida recount handed the presidency to Republican George W. Bush, the only time the high court has decided the outcome of a U.S. presidential election.

Trump has seemingly laid the groundwork for a post-election fight, repeatedly asserting without evidence that voting by mail will yield a “rigged” result.

On Wednesday, the president said explicitly that he wanted to have Ginsburg’s successor in place because he expects the election to end up at the Supreme Court.

Levitt, the law professor tracking the cases, said he still trusted that judges would reject challenges not backed by evidence.

“Filing a case costs a few hundred dollars and a lawyer, and can often be useful for messaging,” he said. “But courts of law demand evidence that the court of public opinion doesn’t.”

(Reporting by Joseph Ax; Additional reporting by Jan Wolfe and Disha Raychaudhuri; Editing by Noeleen Walder and Peter Cooney)

Michigan aims for carbon neutrality by 2050

By Valerie Volcovici

WASHINGTON (Reuters) – Michigan Governor Gretchen Whitmer on Wednesday signed an executive directive setting a goal for the midwestern state to become carbon neutral by 2050, the ninth U.S. state to take on this target.

Whitmer’s plan directs the state’s Department of Environment, Great Lakes and Energy to come up with a strategy to carry out the target by the end of next year that would reduce emissions across the state’s key economic sectors.

Michigan, where temperatures have risen over the last three decades across all counties, is the 10th biggest emitter of carbon dioxide emissions, according to the U.S. Energy Information Administration. It is a swing state in the Nov. 3 presidential election that President Donald Trump, a Republican who has rolled back efforts by Democrats to fight climate change, won narrowly in 2016.

“Through comprehensive and aggressive steps, we will combat the climate crisis by formally setting and relentlessly pursuing a goal of statewide decarbonization by 2050,” said Whitmer, a Democrat. The target will spur the creation of clean energy and energy efficiency jobs, she said.

It calls for all new state-owned buildings to be carbon neutral by 2040 and existing buildings to reduce energy use by 40% by 2040.

Whitmer also set an interim goal for the state to reduce greenhouse gas emissions 28% below 1999 levels by 2025.

The order does not yet outline emissions-cutting requirements for the state’s auto manufacturers, but companies like Ford have already set a carbon neutrality goal. Ford and GM have also said they plan to build electric pickup trucks in the state.

(Reporting by Valerie Volcovici)

Michigan court rules that late arriving ballots must be counted

By Michael Martina

DETROIT (Reuters) – A Michigan judge ruled on Friday that mailed ballots postmarked by Nov. 2 must be counted in the state as long as they are received within two weeks after the Nov. 3 election, the latest move by a U.S. court to protect voting rights in the pandemic.

Michigan Court of Claims Judge Cynthia Diane Stephens made the ruling in a case brought by the Michigan Alliance for Retired Americans, and argued for by Marc Elias, an elections lawyer working with Democratic presidential nominee Joe Biden’s campaign.

The ruling said the ballots must be received “by the clerk’s office no later than 14 days after the election has occurred,” and would apply to this year’s election as a special provision due to the coronavirus pandemic.

Late arriving ballots “are eligible to be counted in the same manner as all provisional ballots” up until the time when the election is certified, Stephens said.

Elias, in a tweet, called the ruling a “major victory for voting rights” in the state, though it is likely to be appealed.

“This helps rectify issues with delays from the USPS, while relieving pressure on voters to make sure their ballot is received in time to be counted,” said Michigan Democratic Party Chairwoman Lavora Barnes. “This is a victory for every voter in Michigan.”

Democrats and Republicans have clashed over the rules for voting by mail ahead of the November election, when there is expected to be a surge in mail voting because of the virus.

That has led to controversy over whether the U.S. Postal Service (USPS) will be able to handle the mail rush in time to ensure that voters who mailed their ballots would not be disenfranchised.

The Michigan ruling also cleared the way for anyone to help deliver a person’s ballot to clerks “between 5:01 p.m. on the Friday before the election and the close of polls on Election Day,” a practice normally banned under law unless the delivery is done by a family member, an election official or mail carrier.

The ruling came a day after Pennsylvania’s top court ruled that state officials can accept mail ballots up to three days after the election, as long as they were mailed by Election Day.

But not all courts have moved to expand voting rights.

A federal appeals court last week rejected Texas Democrats’ bid to allow all state residents to vote by mail due to the coronavirus pandemic, ruling that the state’s law extending that right only to those over 65 was not unconstitutional age discrimination.

Another federal appeals court last week said Florida could require felons to pay all fines, restitution and legal fees they face before they can regain their right to vote.

(Reporting by Michael Martina and Joseph Ax; Editing by Scott Malone, Bill Berkrot and Jonathan Oatis)