推荐 起座楼专门总结此次选后的选举诉讼

wei_cheng

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收录、转贴的要求 (对自己)、建议:
1. 欢迎转贴,必须要先读懂一些法律、选举的术语再转,比如涉及什么是 absentee ballots,
provisional ballots, reprint ballots;
2. 写明白究竟起诉的是什么样的事件/规则性问题;没有变成法庭交涉、起诉的不收录;
3. 区别非司法性质的 challenges,例如申请 WI 重新验票是 WI 在差距 <1% 的情况下本来就允许的;
4. 上诉成功的、得到解决的也可以转贴,我会收录在二楼,还没有决定的不要着急贴。

一楼贴被法官 dismissed / denied 的各种花式 lawsuits,会持续更新

Dec. 11: (Texas v. Pennsylvania, Georgia, Michigan, and Wisconsin) Supreme Court rejects Texas' effort to overturn election, declining to hear the case on the basis that Texas lacked standing under Article III of the Constitution to challenge the results of the election held by another state.

Georgia:
Nov. 4: President Trump's campaign filed the lawsuit against the Chatham County Board of Elections Wednesday evening, alleging that 53 absentee ballots that poll observers said were not part of an original batch of ballots. County elections officials testified that all 53 ballots had been received on time.

Nov. 19: U.S. District Court Judge Steven Grimberg, a Trump nominee, ruled against conservative attorney Lin Wood, a Trump ally, in his lawsuit against Georgia Secretary of State Brad Raffensperger seeking to prevent the election results from being certified by the Friday deadline.

Dec. 4: In a suit brought by controversial lawyers Sidney Powell and Lin Wood, the 11th Circuit Court of Appeals dismissed an appeal seeking to expand a restraining order a district court judge issued Sunday barring any alterations to voting machines in three Georgia counties. A unanimous three-judge panel of the court rejected the appeal without even hearing oral arguments from the litigants.

Dec. 5: Lin Wood lost another round in federal court as the 11th Circuit Court of Appeals affirmed a prior rejection of his efforts to overturn the 2020 election results in Georgia.

Dec. 7: U.S. District Judge Timothy Batten in Atlanta granted a motion to dismiss Powell’s lawsuit seeking to overturn and "decertify" Georgia's election results.

Jan. 5: Judge Mark Cohen denied another attempt by President Trump to decertify presidential election results in Georgia amid fallout from Trump's call to pressure state officials to "find" votes. Trump had sued Secretary of State Brad Raffensperger and Gov. Brian Kemp on New Year's Eve, seeking the emergency hearing on his request for an injunction.

Michigan (不允许失信选举人):
Nov. 5: The Trump camp asked that Benson order local election officials to allow challengers to “meaningfully participate and oversee” the voting and counting process. Judge Cynthia Stephens said that while Benson is responsible for overseeing the election process in Michigan, she would not be able to provide the relief the Trump campaign is seeking, as the counting process is largely completed, and “no basis to find that there is a substantial likelihood of success on the merits.”

Nov. 13: Wayne County Circuit Chief Judge Timothy M. Kenny rejected Republicans’ requests to delay the certification of election results in Detroit, saying he saw no convincing evidence of election fraud at a center for counting absentee ballots. The judge also said that the allegations of misconduct, made by GOP poll watchers and one Detroit election official, were “not credible.”

Dec. 4: A state appeals court in Michigan tossed an effort by the Trump campaign to block certification of Michigan’s results. The judges who issued the 2-1 ruling noted that while the Trump lawyers delayed their latest round of filings for weeks, the state had gone ahead and certified the election, making the legal challenge moot.

Dec. 7: Detroit-based U.S. District Court Judge Linda Parker determined that the lawsuit was full of “nothing but speculation and conjecture” and that Powell and her clients’ goal of forcing the state’s electors to vote for Trump even though Joe Biden won the state, was not only impossible since the state has already certified its results, it was also meant to disenfranchise voters.

Pennsylvania:
Oct. 19 (选前) 首席大法官 John Roberts 4-4 维持宾州法院原判,邮寄选票只要 11月3号 8pm 前寄出、11月6号 5pm 前寄到都有效。收录在这里的原因是,基于不追溯既往的原则,这个裁决不可能简单地让 Barrett 大法官参与就 5-4 改判。The Supreme Court justices split 4-4 on Oct. 19 over a Republican plea to undo a state court order and force elections officials to ignore absentee ballots received after Election Day, Nov. 3. The tie vote left the Pennsylvania court order in effect and allows mailed ballots to be counted if they are received by Nov. 6. Chief Justice John Roberts and his three liberal colleagues voted to leave the court order in place.

Nov. 5: A federal judge denied an emergency request from U.S. President Donald Trump’s campaign on Thursday to stop ballot counting in Philadelphia so long as Republican observers were not present.

Nov. 13: Two judges in Pennsylvania tossed a half dozen court cases the Trump campaign had brought to invalidate thousands of votes around Philadelphia. In total, the Trump campaign had sought to throw out almost 9,000 absentee ballots because their outer envelopes lack names, dates or addresses or some combination of the three that voters could have filled out.

Nov. 19: Two more Pennsylvania legal challenges by President Donald Trump's campaign appear to have failed, insuring that more than 2,700 ballots that had been contested over technicalities would, in fact, be counted.

Nov. 21: U.S. District Judge Matthew Brann in Williamsport, Pennsylvania, dismissed a lawsuit filed by President Donald Trump’s campaign that sought to invalidate millions of mail-in votes and block the certification of Pennsylvania’s election results.

Nov. 27: A panel of three judges for the Third Circuit Court of Appeals denied the Trump campaign's effort to revive a federal lawsuit challenging the election results in Pennsylvania, ruling "the claims have no merit."

Nov. 28: Pennsylvania Supreme Court tosses lawsuit by Rep. Mike Kelly and others that tried to invalidate absentee voting and block vote certification

Dec. 8: SCOTUS denied request from Pennsylvania Republicans to block certification of Joe Biden's win in the state

Arizona (不允许失信选举人):
Nov. 19: A judge has rejected the Arizona Republican Party’s bid to postpone the certification of election results in Maricopa County and dismissed the party’s legal challenge that sought to redo a hand-count audit of ballots.

Dec. 4: In Arizona, Judge Randall Warner of the Maricopa County Superior Court dismissed part of a challenge brought by state GOP chairwoman Kelli Ward, saying she had brought the claim too late. But he held an hours-long hearing Thursday on another piece of her suit, allowing her lawyers to present evidence they claimed shows that the processing of ballots in Maricopa County was so flawed that the election results — which were certified this week — were either wrong or so uncertain that they should not be allowed to stand. On Friday, Judge Randall Warner tossed the suit and ruled that he found "no misconduct, no fraud and no effect on the outcome of the election".

Dec. 15: Pinal County Judge Kevin White concluded that plaintiff Staci Burk lacked standing to contest the election because she wasn’t a registered voter at the time she filed her lawsuit and that she made her legal challenge after the 5-day period for filing such an action had passed.

Nevada (不允许失信选举人):
Nov. 20: A Nevada district judge denied a request brought by a conservative activist to halt the certification of the state's election results.

Dec. 4: In a detailed, 35-page decision, Judge James T. Russell of the Nevada District Court in Carson City vetted each claim of fraud and wrongdoing made by the Trump campaign in the state and found that none was supported by convincing proof. The judge ruled that the Trump campaign failed to offer any basis for annulling more than 1.3 million votes cast in the state’s presidential race.

Minnesota (不允许失信选举人):
Dec. 4: The Minnesota State Supreme Court rejected Republicans’ proposal for a full statewide recount and chided them for failing to serve their complaint on the county officials they called out in their filings.

Wisconsin (允许失信选举人):
Dec. 4: Wisconsin Supreme Court decided not to hear a lawsuit filed by a conservative group to invalidate the entire election in that state without any compelling evidence of voter fraud or misconduct.

Dec. 12: U.S. District Judge Brett Ludwig dismissed Mr. Trump's federal lawsuit asking the court to order the Republican-controlled Legislature to name Mr. Trump the winner over Democrat Joe Biden. The judge said Mr. Trump's arguments "fail as a matter of law and fact."

Dec. 11-12: Trump brought a lawsuit directly to the state Supreme Court, but the justices rejected it on a 4-3 vote on Dec. 3, saying he should start in lower court. Trump then filed a new challenge and Reserve Judge Stephen Simanek on Friday ruled against Trump, saying officials had run a fair election that was free of widespread fraud and misconduct. Hours later, Trump appealed and asked the Supreme Court to take up the case rather than have it go to the Court of Appeals. The justices agreed to take the case and scheduled arguments on Dec. 12.
Dec. 14: A narrowly divided Wisconsin Supreme Court on Monday rejected President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, ending Trump’s legal challenges in state court about an hour before the Electoral College was to meet to cast the state’s 10 votes for Biden.
Dec. 24: A three-judge panel of the Seventh Circuit Court of Appeals unanimously rejected Trump's appeal of a lower court's ruling in Trump v. Wisconsin Elections Commission on December 24.
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wei_cheng

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二楼贴上诉成功的、或得到解决的,不算 lawsuit 但算 appellate 的也收录:

Pennsylvania:

1. (Nov. 5) The Trump campaign won an appellate ruling that permitted all candidates, watchers or candidate representatives closer access "to observe all aspects of the canvassing process within 6 feet, while adhering to all COVID-19 protocols, including wearing masks and maintaining social distancing".

2. 推迟验证 2.9 万 reprinted ballots 至11月6日 5pm 以后并非是因为它违法,而是步骤上必须要优先计算合法投出的 非 reprint 原始选票、包括邮寄选票,才能验证这 2.9 万 reprinted ballots 里面有没有一小部分不合规。
Allegheny County, Pennsylvania, will not count anymore ballots until Friday because of a court agreement over some 29,000 disputed ballots, according to County Councilwoman Bethany Hallam. The agreement stems from a legal challenge over misprinted ballots that had to be reissued to some voters. The county agreed not to count the potential pool of reprinted ballots until Nov. 6 at 5 p.m. ET – the deadline for receiving mail-in votes that were sent by Election Day.

3. (Nov. 6 晚) 大法官 Samuel Alito 临时批准宾州共和党的请求,要求11月3号之后寄到的选票都要被分开处理。宾州的州务卿为了方便将来说得清楚,此前已经下令各 counties 要分开处理11月3号8pm之后、11月6号5pm之前寄到的选票。
4. (Nov. 12) 此宾州判决针对的是验证选票、要求选民提供缺失信息比如 ID 的最后期限 (州务卿把这个期限从11月9号延长到了12号)。The Commonwealth Court found Secretary of State Kathy Boockvar lacked the authority to extend the deadline to Nov. 12 from Nov. 9 by which voters could provide missing information to validate their ballot.
 
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billwanhua

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二楼贴上诉成功的、或得到解决的,不算 lawsuit 但算 appellate 的也收录:

Pennsylvania:

1. The Trump campaign won an appellate ruling to get party and campaign observers closer to election workers who are processing mail-in ballots in Philadelphia.

2. 推迟验证 2.9 万 reprinted ballots 至11月6日 5pm 以后并非是因为它违法,而是步骤上必须要优先计算合法投出的 非 reprint 原始选票、包括邮寄选票,才能验证这 2.9 万 reprinted ballots 里面有没有一小部分不合规。
Allegheny County, Pennsylvania, will not count anymore ballots until Friday because of a court agreement over some 29,000 disputed ballots, according to County Councilwoman Bethany Hallam. The agreement stems from a legal challenge over misprinted ballots that had to be reissued to some voters. The county agreed not to count the potential pool of reprinted ballots until Nov. 6 at 5 p.m. ET – the deadline for receiving mail-in votes that were sent by Election Day.
估计分开reprinted ballots 可以先考虑没问题的选票,如果reprinted ballots 的数字对合法选票的输赢没有影响,就没有意义在搞了。
 

wei_cheng

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纯粹是因为顺序上需要先登记完所有 非reprinted ballots
估计分开reprinted ballots 可以先考虑没问题的选票,如果reprinted ballots 的数字对合法选票的输赢没有影响,就没有意义在搞了。
 

GuardianAngel

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这个楼好。网上流传的作弊论比较多。想看看到底有没有merit
 

WHW

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CFC把这贴置顶?
 

lindamy

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1 min ago

Nevada registrar disputes GOP voter fraud claims: "We have answers for everything"​

From CNN’s Stephanie Becker


Joe Gloria, the Clark County registrar of voters


Joe Gloria, the Clark County registrar of voters KTNV

The registrar of voters in Nevada’s most populous county disputed claims made by the Nevada GOP of rampant voter fraud in the election, saying “we have answers for everything that have been brought forward.”

Joe Gloria, the Clark County registrar of voters, told reporters at a news conference Monday he had submitted all of the allegations made by the GOP to the Secretary of State’s office to be investigated.

"There are too many of them at this point for me to address them all,” he said, when asked for details.

The Secretary of State’s office, headed by Republican Barbara Cegavske, has refused to comment on any ongoing investigations. But the state's attorney general, Aaron Ford, a Democrat, tweeted Monday that “Nevada does not have widespread voter fraud.”

President-elect Joe Biden continues to maintain his lead over President Trump in Nevada by 36,186 votes.

In Clark County, home to Las Vegas and about 70% of all active registered voters in the state, the “bulk” of all mail-in ballots have now been counted, Gloria said. Tuesday is the last day mail-in ballots can be received and counted.

About 60,000 provisional ballots are still being processed and won’t be counted until at least Thursday, Gloria said.

In past years, officials typically received a few thousand provisional ballots, but this year with a mostly mail-in election, the number has skyrocketed. The county needs to wait for approval from the Secretary of State’s office to start counting those ballots, after making sure those voters didn’t vote in another county.
 

livingeverywhere

你删贴,就说明你特别害怕我说的,相信JB和贺锦丽真赢8100万选票的人,基本上有认知障碍,离他们远点
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lindamy

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DOJ's top election crimes prosecutor quits in protest after Barr tells federal attorneys to probe unsupported allegations of voting irregularities​




 

lindamy

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特朗普助理爆料!选举诉讼目的不是翻盘而是这个…​

文章来源: ETtoday 于 2020-11-09 22:59:38 - 新闻取自各大新闻媒体,新闻内容并不代表本网立场!
(被阅读 41167 次)

美国总统大选结果出炉后,特朗普不仅未承认败选,更扬言要提出法律挑战以寻求”公正”的选举。然而,兼任竞选助理的高级官员日前向外媒匿名爆料,竞选团队提诉讼并不是要改变美选结果,而要藉此巩固忠诚支持者对他的支持,为特朗普留一个退路。

根据美联社报导,特朗普总统承诺,将在未来几天内采取法律行动,并积极游说捐款人资助这些法庭诉讼。但有身兼竞选助理的高级官员表示,特朗普的助理与盟友私下承认,诉讼最好的结果是能让那些不相信有选举诈欺的人改观,但特朗普与核心圈忠诚分子的目标是,即使败选也要让支持者站在自己这方。

报导指出,特朗普私人律师朱利安尼(Rudy Giuliani)在宾州开记者会声称,计票遭到窜改,甚至有许多人已经死亡,却仍然出现投票纪录,以及选举观察员监票时离得太远导致无法确实监票,同时强调会继续检视点票情况,确保结果准确。但几十年来美国大选从未出现过普遍的舞弊情况,上一次发生如此大的争议是在1960年大选。

朱利安尼预计,到15日前,竞选团队将提起4、5件诉讼,总共可能达10件。一个保守派法律基金会指控,宾州州务卿将2.1万名死者列入选民名单,更有人以他们的名义投出选票。负责此案的法官琼斯(John Jones)表示,对这些指控持疑,除了要求提供证据之外,也质疑基金会为什么要等到”最后一刻”才提告。

报导提到,连部分特朗普政府机关也反对大规模选民诈欺与非法投票的指控,尽管他们没有点明提出这种指控的人就是特朗普。负责监督美国选举安全的网络安全与基础设施安全局(CISA)就曾指出,地方选举办公室采取了检测措施,使得透过伪造选票进行非法投票的难度变得非常高。

 
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