Over a month after Election Day, the NY-22 congressional race has yet to be decided. In fact, it is the only remaining House race to be called. Republican Claudia Tenney is currently 12 votes ahead and has urged the certification of the results. However, NY Supreme Court Justice Scott J. DelConte has ordered election officials from 8 counties to recanvass ballots — including some that were previously mishandled by local officials. This is problematic because it sets a precedent for allowing votes to be counted after the statuary period to do so has expired.Read more
Last week, a 4th Circuit panel reversed a District Court decision that struck down North Carolina's voter ID law. The law requires voters to present a valid photo ID to vote in-person or by absentee ballot. As reported by the Washington Post:
The 4th Circuit’s ruling reverses a district court decision that said North Carolina’s 2018 photo ID law would probably have a disproportionate effect on African American voters in the state. The identification requirement had been blocked by federal and state judges, and it did not apply in the November election in which Trump won North Carolina.
Today, a Pennsylvania state court judge delivered an order defending election integrity. The Pennsylvania Commonwealth Court's order in Trump v. Boockvar held that the mail ballots of first-time voters who did not provide proof of identity by the statutory deadline could not be counted. The reasoning in the short order was important for the overall integrity of elections and inability of executive branch agencies to overturn election safeguards enacted by the legislature:
[The] Court concludes that Respondent Kathy Boockvar, in her official capacity as Secretary of the Commonwealth, lacked statutory authority to issue the November 1, 2020, guidance to Respondents County Board of Elections insofar as that guidance purported to change the deadline in Section 1308(h) of the Pennsylvania Election Code . . . for certain electors to verify proof of identification, based on Secretary Boockvar's interpretation and application of the Pennsylvania Supreme Court's decision in Pennsylvania Democratic Party v. Boockvar . . . .Read more
The left has always seen the courts as way to get around the will of the people, whether it is their duly elected legislators or the voters themselves. This cycle, led by Marc Elias who played a key role in the Russia collusion hoax, the left has filed lawsuit after lawsuit to overturn the will of voters. But that still is not enough for the left:
The craziest part of twitter are progressives who complain that I don't litigate enough.— Marc E. Elias (@marceelias) October 6, 2020
I'm sorry if the 70+ cases we have brought this cycle and the three dozen we are currently litigating aren't addressing your particular issue.
You do know there are other lawyers, right?
RNLA's Vice Chair Joanne Young was selected by the Board of Governors as the 2020 Republican Lawyer of the Year. This annual award recognizes a lawyer for his or her outstanding professional accomplishments and years of dedicated service to the Republican Party and its ideals. Ms. Young is particularly deserving of this award, and a presidential election year is fitting timing for presenting it to her. She has been unwavering in her efforts to promote election integrity in her home of Washington, DC, and around the country through the RNLA and the Lawyers Democracy Fund.Read more
On Tuesday, Donald J. Trump for President, Inc., the Republican National Committee, and the Nevada Republican Party sued Nevada Secretary of State Barbara Cegavske, challenging Assembly Bill 4 (AB4), which was signed into law by Governor Steve Sisolak on Monday after a brief debate on Sunday regarding the 60-page, single-spaced bill. The bill represents yet another instance of Democrats taking advantage of the COVID-19 pandemic to permanently alter the way elections are run throughout the country.Read more
At the same time Democrats are pushing federal support of vote by mail or even bills calling for nationwide vote by mail, an interesting thing happened in Nevada. As RNC Chairwoman Ronna McDaniel points out in an excellent op-ed that discussed Democrat Party lawyer Marc Elias' tactics:
Democrats demand in-person voting be expanded in Nevada, after just claiming it was too dangerous to go to the polls in Wisconsin. Last week, Elias called in-person voting a “national disgrace.” Now, Elias says “converting to an all-mail election in a matter of weeks” is impossible, and voting must be expanded “safely in person.” Nice of them to catch up to the fact that one-size-fits-all nationalized mail-in voting is a bad idea.Read more
Democrats looked forward to the first results in their 2020 presidential primary yesterday.
Preliminary results have not been released due to widespread problems with an app designed for reporting precinct-level results to the state party. (The "majority" of results are supposed to be released around 5:00 Eastern today.) Some local leaders could not download or run the app, and there were issues even with those who could use it to report: