President Donald Trump and his Republican allies are waging a legal battle challenging the results of the election won by Democratic President-elect Joe Biden.
"The prospects that a legal challenge in court could reverse the outcome in a way that would produce a Trump victory get harder and harder if it's not just one state that he has to flip", said Steven Huefner, deputy director of an election-law program at Ohio State University.
But Trump's campaign filed litigation in federal court over Pennsylvania's presidential election, and Trump has refused to concede.
A Pennsylvania mail carrier has said in a sworn affidavit that he was ordered by supervisors to collect and submit late ballots, which he said supervisors then backdated so that they appeared to have been mailed in time. However, state election officials say that poll watchers were certified in every county. The campaign says an unmonitored election can result in fraud.
A spokesperson for Philadelphia Mayor Jim Kenney said Trump's campaign was trying to "disenfranchise the record number of people who voted against him" while Pennsylvania's attorney general, Democrat Josh Shapiro, called the Trump campaign's latest lawsuit meritless. It also seeks to block them from counting mail-in ballots that weren't witnessed by a Trump campaign representative when they were processed or counting ballots cast by voters who were given an opportunity to fix mail-in ballots that were going to be disqualified for a technicality. First, that the Pennsylvania Supreme Court overstepped its authority and encroached on the authority of the legislature in ruling that ballots received three days after election can be accepted, including ballots with an illegible postmark or no postmark at all.
Why Recounts Are Not Likely To Reverse The Tide Against Trump
The process of "curing" a ballot involves filling out an affidavit and using a valid ID to verify the voter's identity. Thousands of MI votes remain to be counted, many from absentee ballots in traditional Democratic strongholds.
Washington, D.C.: Speaker Bryan Cutler of the Pennsylvania House sent a letter to Governor Tom Wolf formally requesting an audit of the general election results.
Depending on the polling location, the campaign alleges some voters were not informed of their right to spoil their mail ballots and vote in-person or vote by provisional ballot.
"This shows why courts can not simply assume that state and local public servants will refuse to learn the lessons of the past and won't take significant steps to address the expected increased volume of absentee ballot requests", the brief says.
The brief argues the court's decision to allow the tally of absentee ballots received up to three days after the November 3 election "exacerbated the risk of mail-in ballot fraud by permitting mail-in ballots that are not postmarked or have no legible postmark to be received and counted several days after the election".
Schmidt, the Missouri attorney general, briefly laid out his case against the state Supreme Court's order, calling it a "violation of federalism and separation of powers" and an attack against "election integrity in the broadest sense". While that case will turn on a relatively sober determination of whether legislators or courts can determine election deadlines, most of the Trump campaign's other lawsuits depend on wild insinuations of fraud, backed up by little or no evidence. And lastly, that the Pennsylvania Supreme Court decision exacerbated these risks of absentee ballot fraud.