Legions of President Donald Trump’s supporters are anxiously awaiting vote tallies in a handful of states that continue, for reasons that appear nefarious, to delay announcing them days after Tuesday’s general elections.
As more time passes and it becomes fairly obvious that Democrats in these key battleground states are looking for ways to steal results favorable to their candidate, Joe Biden, it’s becoming clear that in order to salvage his win, the president will have to take his fight to the courts.
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And knowing for months ahead of time that Democrats were liable to pull these shenanigans, the president’s legal team had plenty of time to develop a strategy – and they won’t have to use any tricks or schemes or misdirection.
They’ll just be relying on the U.S. Constitution, as Just the News provides more details:
As the Trump campaign expands its lawsuits — including new filings Wednesday in Georgia and Pennsylvania — legal scholars say they are likely rooted in the Constitution’s voting law authority, which limits the power of non-legislative actors trying to assert their power over balloting.
Trump has assembled a high-powered legal team to combat what it says is executive and judicial overreach in key battleground states led by Democratic governors. The Elections Clause of the Constitution (Article I, Section 4) gives state legislatures the authority to set the time, place and manner of federal elections, i.e., the rules governing the election process, including absentee ballots. Republicans say this legislative power has been eroded by both executive and judicial mission creep. …
Hans von Spakovsky, a former member of the Federal Election Commission and a legal scholar at the Heritage Foundation, told Just the News that in the Trump campaign’s cases in Pennsylvania, Wisconsin and Michigan, the courts should ensure that poll watchers are given the ability to completely observe the counting process as required under state law and should order election officials to not only allow complete access to designated poll watchers, but also to enforce full compliance with state laws governing absentee ballots.
“I believe the Trump campaign has a strong constitutional argument,” Von Spakovsky told the outlet. “That includes any requirements for signature comparison, witness signatures, etc. Election officials should not be allowed to waive those rules and count such defective ballots.”
The elections expert noted that there is only one branch of state government that can change voting laws (to include deadlines for ballots to be received): The legislature. Courts and secretaries of state do not have the authority (COVID-19, meteors, visitors from outer space, etc. notwithstanding).
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“But neither state courts — like in Pennsylvania — nor other state officials/agencies — like the state board of elections in North Carolina — have the legal authority to simply override a state statute and extend the deadline for the receipt of absentee ballots,” von Spakovsky told Just the News.
“So the Trump campaign can argue that any ballots received after the deadline imposed by the legislature in state law are illegal and should not be counted.”
And so the Trump campaign must.
