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)

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)

U.S. Postal Service warns of ‘significant risk’ of late ballots

By Andy Sullivan and David Shepardson

WASHINGTON (Reuters) – Ahead of a presidential election that could see up to half of U.S. voters cast their ballots by mail, the U.S. Postal Service is warning some states that they need to provide more time for those votes to be counted.

The Postal Service has told at least three states — Michigan, Pennsylvania and Washington — there is “significant risk” voters will not have enough time to complete their ballots and return them on time under current state laws, which allow them to request ballots just days before the election.

The letters highlight the possibility that a meaningful number of mail votes in the Nov. 3 presidential election might go uncounted if they are returned too late.

“State and local election officials must understand and take into account our operational standards and recommended timelines,” Postal Service spokeswoman Martha Johnson said. She did not respond to a question about how many states in total got warning letters.

Election officials have scrambled to prepare for a deluge of mail ballots as Americans avoid public gatherings due to the coronavirus pandemic, which has prompted many states to make it easier to vote by mail.

The Postal Service itself has gotten pulled into a political fight, with Republican President Donald Trump on Thursday saying he objected to providing funds for the struggling service or mail voting as part of a coronavirus relief package.

Trump, who is trailing Democratic rival Joe Biden in opinion polls, has railed against widespread mail voting, saying without evidence that it could lead to fraud.

Biden and other top Democrats have accused Trump of trying to discourage mail voting because he believes doing so would boost his re-election chances.

Election experts say mail voting is as secure as any other method.

TOO LITTLE TIME?

The Postal Service has warned some states that allowing voters to request ballots less than a week before the election does not leave enough time to print up the ballot, mail it to the voter and have it returned.

“There is significant risk that the voter will not have sufficient time to complete and mail the completed ballot back to election officials in time for it to arrive by the state’s return deadline,” Postal Service General Counsel Thomas Marshall wrote in a July 29 letter to Michigan’s top election official seen by Reuters.

Half of the states allow voters to request an absentee ballot within seven days of an election. The Postal Service recommends that mail ballots should be completed and in the mail back to election offices by that point, according to Marshall’s letter.

Ohio, Michigan and several other states with tight deadlines have so far not pushed them back.

Pennsylvania’s secretary of state asked the state Supreme Court to allow ballots to be counted if they are received up to three days after the Nov. 3 election, rather than on Election Day.

Marshall also encouraged election officials to use its first-class mail service to ensure prompt delivery, rather than the cheaper and slower bulk-mail rate.

In past elections the Postal Service has given priority to all political and election mail, no matter the postage rate, according to workers and the service’s internal watchdog.

“If this letter aims to backtrack on that collaboration or the promise of prioritization of election mail, that would be very concerning,” said Tracy Wimmer, a spokeswoman for the Michigan Department of State, which oversees elections.

Roughly 0.25% of mail ballots were rejected in 2016 because they arrived too late, according to the U.S. Election Assistance Commission.

Problems with mail ballots have marred many primary elections this year. Voters in Georgia reported not getting requested mail ballots, while in New York a judge ordered election officials to count thousands of ballots they had rejected for missing that state’s deadline.

The issue has taken on added urgency in recent weeks, as cost-cutting measures put in place by Trump’s new postmaster general, Louis DeJoy, have led to widespread mail delays.

“They’re not moving as fast as they normally would, and I think we know that,” Ohio Secretary of State Frank LaRose said at a news conference on Wednesday. He urged voters to complete their ballots as quickly as possible.

(Reporting by Andy Sullivan and David Shepardson; Editing by Scott Malone and Jonathan Oatis)

Barr: U.S. scrutinizing information ahead of 2020 election, including from Giuliani

By Sarah N. Lynch and Susan Heavey

WASHINGTON (Reuters) – U.S. Attorney General William Barr on Monday confirmed that the Justice Department has received information from President Donald Trump’s personal lawyer Rudy Giuliani ahead of the November election, but that anything originating from Ukraine should not be taken “at face value.”

Barr spoke at a news conference a day after Senate Judiciary Committee Chairman Lindsey Graham said on the CBS News program “Face the Nation” that the department had created a process so that Giuliani could provide information and the department would see if it could be verified.

“We have to be very careful with respect to any information coming from the Ukraine,” Barr said. “There are a lot of agendas in the Ukraine. There are a lot of cross-currents, and we can’t take anything we receive from the Ukraine at face value.”

Last week, the Senate acquitted Republican Trump largely along party lines on impeachment charges that he had abused his power by asking Ukraine to investigate a political rival, former Vice President Joe Biden, and his son Hunter Biden, who had served on the board of a Ukrainian energy company.

Trump had based his demands on unfounded allegations of corruption. The Democratic-led U.S. House of Representatives said Giuliani, a former prosecutor, sought information about the Bidens in Ukraine.

On Monday, Barr said that the Justice Department has created an “intake process in the field” that will be used to assess the “provenance and credibility” of any information.

“That is true for all information that comes to the department relating to the Ukraine, including anything Mr. Giuliani might provide,” he added.

Although the department acknowledged on Monday it is receiving and scrutinizing such materials, the FBI’s No. 2 official still stopped short of saying whether it had led to a more formal investigation into the Bidens.

“I am not going to talk about any investigations as I never would. We do not talk about open investigations,” FBI Deputy Director David Bowdich said.

Graham said he would refrain from his own probe of the Bidens and concentrate instead on the Foreign Intelligence Surveillance Court’s decision to issue warrants that led to a federal investigation into allegations that Trump’s 2016 presidential campaign colluded with Russia to interfere in that election.

(Reporting by Sarah N. Lynch and Susan Heavey; Editing by Grant McCool)

No Iowa caucus results spark Democrat frustration

By Jarrett Renshaw and Ginger Gibson

DES MOINES, Iowa (Reuters) – The Democratic Party’s effort to choose an election challenger to Donald Trump got off to a chaotic start in Iowa, with officials blaming “inconsistencies” for an indefinite delay in the state’s caucus results and the president gloating over his rivals’ misfortune.

Long lines and big crowds were reported in some of the more than 1,600 schools, community centers and other locations on Monday night and problems with a new mobile app designed to report the vote forced state party officials to verify the data by other means.

Some Democratic candidates left for New Hampshire, which hosts the next nominating contest on Feb. 11, without a winner announced in Iowa. The chaos was likely to increase criticism from Democrats who have long complained the rural state with a largely white population has an outsized role in determining the presidential candidate.

Shortly after midnight, Iowa Democratic Party Chairman Troy Price told reporters to expect results later on Tuesday in the state, the first to hold a nominating contest.

The party said it had to make “quality checks” after finding “inconsistencies” in the reporting of the data from caucus sites, sparking frustration among Democrats and criticism from Republicans.

Trump, a Republican, mocked the Democrats, calling the caucus confusion an “unmitigated disaster” in a Twitter post on Tuesday. “Nothing works, just like they ran the Country.”

The delay prompted two leading candidates in the Iowa race, U.S. Senator Bernie Sanders and former South Bend, Indiana, mayor Pete Buttigieg, to release their own tallies.

It was unclear when official results would be released.

Some local officials reported having trouble using the mobile app to report results, but when they turned to the traditional method – the telephone – they were put on hold and could not get through.

“We haven’t had that problem before that I know of. Normally we’ve called it in and got right through,” said Donna Crum, chair of the Democratic party in Mills County, Iowa.

Iowa Democratic Party officials said they were confident in their ability to ensure accurate results, citing a paper trail to validate the votes.

INAUSPICIOUS START

It was an inauspicious beginning for Democrats as the party’s 11 contenders began the state-by-state battle to pick a Democratic nominee to face Trump in the Nov. 3 election.

But Republicans in Iowa have their own history of chaos. On the night of the party’s 2012 caucuses, Mitt Romney was declared to have won by eight votes. But the party said two weeks later that Rick Santorum had won by a 34-vote margin. Romney went on to be the nominee.

“Every second that passes undermines the process a little bit,” said Roger Lau, campaign manager for U.S. Senator Elizabeth Warren.

A source in Buttigieg’s campaign said the delay would “delegitimize” the win and dampen the immediate benefits of a strong night. Former U.S. Vice President Joe Biden’s general counsel, Dana Remus, told state party officials in a letter there were widespread failures in the party’s system of reporting results.

After more than a year of campaigning and more than $800 million in spending, the results in Iowa were expected to begin to provide answers for a party desperately trying to figure out how to beat the businessman-turned-president.

Voters had to choose whether to back someone with appeal to independents and disaffected Republicans, like moderates Biden, Buttigieg and Senator Amy Klobuchar of neighboring Minnesota, or someone who energizes the party’s liberal base and brings out new voters, like progressives Sanders and Warren.

DECLARING VICTORY

With no results to celebrate or mourn, the candidates spun their own upbeat view of the outcome. The Sanders campaign released what it said were its internal numbers collected at 40% of precincts, showing him in first, ahead of Buttigieg, Warren and Biden in fourth place.

“I have a strong feeling that at some point the results will be announced, and when those results are announced I have a good feeling we’re going to be doing very, very well here in Iowa,” Sanders told cheering supporters.

Buttigieg told his supporters in Iowa that “we don’t know the results” but was looking ahead to the New Hampshire contest.

“By all indications, we are going to New Hampshire victorious,” he said.

Several of the candidates, including Biden, Klobuchar and Warren, headed to New Hampshire immediately after the caucuses. Sanders planned to fly there on Tuesday morning.

“Of course we don’t know the results yet – minor problem – but we know we did incredibly well,” Klobuchar told supporters at the Manchester, New Hampshire, airport.

At the caucus sites in Iowa, voters had gathered in groups by candidate preference in a public display of support. If a candidate did not attract 15% of voters, the total needed to be considered viable, that candidates’ supporters were released to back another contender, leading to a further round of persuasion.

Even if one candidate eventually wins by a commanding margin in Iowa, Democrats may still lack clear answers as the race moves on to the other three early voting states of New Hampshire, Nevada and South Carolina later in February.

Whoever remains in the race by Super Tuesday on March 3, when 15 states and territories vote, will also confront billionaire former New York Mayor Michael Bloomberg, who is skipping the early states in favor of focusing on states rich in delegates to the Democratic National Convention in July.

(Reporting by Trevor Hunnicutt, Joseph Ax, Tim Reid, Simon Lewis, Jarrett Renshaw and Ginger Gibson; Writing by John Whitesides and Doina Chiacu; Editing by Howard Goller and Giles Elgood)

Facebook to pilot new fact-checking program with community reviewers

(Reuters) – Facebook Inc said on Tuesday it would ask community reviewers to fact check content in a pilot program in the United States, as the social media platform looks to detect misinformation faster.

The company will work with data services provider Appen to source community reviewers.

The social media giant said data company YouGov conducted an independent study of community reviewers and Facebook users, who will be hired as contractors to review content flagged as potentially false through machine learning, before it is sent to Facebook’s third-party fact-checking partners.

Facebook is under pressure to police misinformation on its platform in the United States ahead of the November 2020 presidential election.

The company recently came under fire for its policy of exempting ads run by politicians from fact checking, drawing ire from Democratic presidential candidates Joe Biden and Elizabeth Warren.

(Reporting by Neha Malara in Bengaluru; Editing by Shinjini Ganguli)

Ex-U.S. security officials urge ‘aggressive steps’ to protect 2020 election

Ex-U.S. security officials urge ‘aggressive steps’ to protect 2020 election
(Reuters) – The United States should boost spending and take other “aggressive steps” to protect next year’s presidential election from foreign meddling, a group of former national security officials said on Monday.

Citing what they said were signs U.S. rivals want to undermine the November 2020 poll, National Security Action – a group led by former advisers to President Barack Obama – said states and agencies should invest in paper ballot backups for digital voting machines, ensure audits of election results, improve cybersecurity and boost training for poll workers.

Election security has become a major concern since U.S. intelligence agencies claimed Russia interfered in the 2016 presidential election to tilt the vote in Donald Trump’s favor. Moscow has denied https://www.reuters.com/article/us-russia-usa-election-putin/putin-brushes-off-allegations-of-russian-election-meddling-idUSKBN1WH1CS any interference.

Congress has appropriated some $600 million for election security since 2018 and is working to approve another $250 million, an amount that National Security Action called a “modest start.” Its statement was signed by 70 former security officials from a range of agencies.

The group noted that the state of Pennsylvania alone has spent $125 million upgrading voting machines that will be used during 2020 elections.

The former officials said they had “already learned” of attempts by Iran and Russia to undermine the 2020 U.S. elections, though they offered no specific detail.

The White House had no immediate comment.

Trump has warned of plans by U.S. adversaries to interfere in American elections, and last year signed an executive order https://www.reuters.com/article/us-usa-cyber-election/trump-signs-order-to-allow-sanctions-for-u-s-election-meddling-idUSKCN1LS2NA that would slap sanctions on foreign countries or people trying to interfere in the U.S. political process.

(Reporting By Mark Hosenball; Editing by Cynthia Osterman)

In Venezuela talks, Maduro allies said they would consider fresh elections: sources

FILE PHOTO: Venezuelan opposition leader Juan Guaido, who many nations have recognised as the country's rightful interim ruler, attends a session of Venezuela's National Assembly in Caracas, Venezuela August 13, 2019. REUTERS/Manaure Quintero/File Photo

By Mayela Armas and Corina Pons

CARACAS (Reuters) – Allies of Venezuelan President Nicolas Maduro had discussed holding a presidential election in the coming months during talks to find a breakthrough in the country’s political crisis, four sources told Reuters on Monday.

Opposition politicians will travel to Washington to speak to U.S. officials this week, the sources said.

Maduro and a delegation representing opposition leader Juan Guaido have been meeting in Barbados as part of talks to resolve a political stalemate in the struggling OPEC nation that is suffering from a hyperinflationary economic collapse.

Guaido’s delegation had proposed a presidential vote in six to nine months on a number of conditions including changes to the elections council and supreme court, said the sources, who asked not to be identified because the talks are confidential.

The government had, in theory, agreed to a presidential vote on the condition that the United States lift economic sanctions, Maduro be allowed to run as the Socialist Party candidate, and that the vote be held in a year, one of the sources said.

However, the government has since pulled out of the talks to protest a new round of sanctions by Washington, and no new date has been set to resume the discussions, despite a visit by Norway foreign ministry officials – acting as mediators – seeking to revive them.

U.S. officials have expressed support for an election but without Maduro as a candidate, which may be a point of discussion, two of the sources said.

Venezuela’s information ministry, Norway’s foreign ministry and the U.S. State Department did not immediately reply to requests for comment.

Preparing the groundwork for an election requires a raft of changes to state institutions, including both the elections council and the supreme court – both of which have aggressively intervened in election processes to favor Maduro.

Another possible roadblock would be the existence of the Constituent Assembly, an all-powerful legislative body controlled by Socialist Party supporters that opposition leaders say could also intervene in any potential vote.

(Reporting by Mayela Armas and Corina Pons in Caracas; additional reporting by Lesley Wroughton in Washington; Writing by Brian Ellsworth; Editing by Rosalba O’Brien)

Ukraine says it captured Russian military intelligence hit squad

Head of the Security Service of Ukraine Vasyl Hrytsak (SBU) speaks during a news conference, dedicated to the alleged detention of members of a sabotage-reconnaissance group, who according to SBU were sent by Russian intelligence agencies, in Kiev, Ukraine April 17, 2019. REUTERS/Valentyn Ogirenko

KIEV (Reuters) – Ukraine’s security service SBU said on Wednesday it had captured a Russian military intelligence hit squad responsible for the attempted murder of a Ukrainian military spy in the run-up to a presidential election on Sunday.

The issue of how to deal with Russia, which annexed Crimea in 2014 and backs pro-Russian separatists in eastern Ukraine, is prominent ahead of the vote, with incumbent Petro Poroshenko casting himself as the commander-in-chief Ukraine needs to defend the country.

Vasyl Hrytsak, the head of the SBU, the main intelligence agency, told a news conference in Kiev that seven members of the Russian group had been detained and charged and that an eighth person had been detained on Wednesday morning.

Two of the group’s members were Russian citizens, said Anatoly Matios, Ukraine’s military prosecutor, describing them as staff officers of Russia’s GRU military intelligence agency. The other six were Ukrainians.

There was no immediate reaction from Russia’s GRU.

The SBU has reported before that it captured groups belonging to Russian special agencies.

“Those detained were involved in the attempted murder of an employee of the Ukrainian defense ministry’s intelligence service…in Kiev in April,” said Matios, adding the group had planted a bomb beneath the man’s car which had gone off prematurely, badly injuring one of the accused.

The SBU released a video of the same incident which showed a man placing the bomb under a car before a big explosion. The video showed a man lying in a hospital bed with part of his right arm missing saying he was Russian and born in Moscow.

(Reporting by Andrew Osborn; Editing by Hugh Lawson)

Congo fire destroys thousands of voting machines for presidential election

A motorcyclist rides near smoke billowing from fire at the independent national electoral commission's (CENI) warehouse in Kinshasa, Democratic Republic of Congo December 13, 2018. REUTERS/Olivia Acland

By Giulia Paravicini

KINSHASA (Reuters) – A fire overnight at a warehouse in Congo’s capital destroyed thousands of voting machines and ballot boxes that were due to be used in the country’s long-delayed Dec. 23 presidential election, authorities said on Thursday.

Democratic Republic of Congo’s national electoral commission (CENI) said in a statement the blaze had destroyed 8,000 of 10,368 voting machines due to be used in the capital Kinshasa, but said the election would go ahead as scheduled.

CENI did not say who it believed to be responsible for the fire – which broke out about 2 a.m. (0100 GMT) in the Gombe riverside area of Kinshasa that is also home to President Joseph Kabila’s residence – but the ruling coalition and leading opposition candidates immediately traded accusations of blame.

Kabila’s Common Front for Congo (FCC), which is backing former interior minister Emmanuel Ramazani Shadary in the presidential race, accused opposition candidate Martin Fayulu of inciting violence earlier this month.

“Over the course of this electoral campaign, (Fayulu) called on his supporters and sympathizers to destroy electoral materials,” the FCC said in a statement.

Fayulu rejected the charge and suggested that state security forces might have been behind the blaze.

“The fire erupted in a building guarded by the Republican Guard,” Fayulu told Reuters. “You understand today that the Kabila people do not want to organize elections.”

Felix Tshisekedi, the other leading opposition candidate, also suggested on local radio that the government was responsible. “How is it that what should be the best protected place in the republic at this time can burn so easily?” he said.

Barnabe Kikaya Bin Karubi, a Kabila adviser, said police guarding the warehouse had been arrested and that forensic police had launched an investigation.

Kabila, in power since his father’s assassination in 2001, is due to step down because of constitutional term limits. The vote has already been delayed by two years due to what authorities said were logistical challenges but the opposition said stemmed from Kabila’s reluctance to relinquish power.

This month’s highly anticipated vote could mark Congo’s first peaceful transition of power after decades marked by authoritarian rule, coups d’etat and civil wars in which around five million people are estimated to have died.

ELECTION DATE MAINTAINED

CENI president Corneille Nangaa told a news conference the destroyed equipment represented the materials for 19 of 24 voting districts in Kinshasa.

“Without minimizing the gravity of this damaging situation for the electoral process, CENI is working to pursue the process in conformity with its calendar,” Nangaa said.

Kikaya said voting machines from elsewhere in Congo would be recalled for use in Kinshasa, which is home to more than 15 percent of the Congolese population.

The introduction of the untested tablet-like voting machines for the election has been widely opposed by opposition candidates competing against Shadary.

They say the machines are more vulnerable to vote-rigging than paper and ink and could be compromised by the unreliability of Congos power supply.

The delay in the elections has coincided with a breakdown in security across much of the vast mineral-rich country. Militants fight over land and resources in the east near the border with Uganda and Rwanda.

Campaigning over the past three weeks has been mostly peaceful, though deadly clashes erupted between police and opposition supporters this week in the southeast.

(Additional reporting by Stanis Bujakera and Aaron Ross; Writing by David Lewis; Editing by Aaron Ross and Gareth Jones)