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=== ''Donald J. Trump for President v. Boockvar'' ===
=== ''Donald J. Trump for President v. Boockvar'' ===
''Donald J. Trump for President v. Boockvar'' is a lawsuit filed in the United States Supreme Court on December{{nbsp}}20, 2020.<ref name=":1" /> The suit asks the Court to evaluate the constitutionality of three Pennsylvania Supreme Court decisions: ''In re November 3, 2020 Gen. Election'', ''In re Canvassing Observation'', and ''In re Canvass of Absentee & Mail-In Ballots of Nov. 3, 2020 Gen. Election.''<ref name=":3" /> The Trump campaign also submitted a request to expedite proceedings,<ref name=":3" /> but The Court ignored this instead set the deadline for reply briefs from the respondents for January{{nbsp}}22, 2020, two days after [[Inauguration of Joe Biden|President Elect Biden's inauguration]].<ref name="foxnews">{{Cite web|url=https://www.foxnews.com/politics/supreme-court-trump-campaign-case-no-hurry|title=Supreme Court in no hurry to hear Trump campaign case, sets response deadline two days after inauguration|date=2020-12-24|access-date=2020-12-27|website=[[Fox News]]|last1=Olson|first1=Tyler|last2=Bream|first2=Shannon|last3=Mears|first3=Bill}}</ref>
''Donald J. Trump for President v. Boockvar'' is a lawsuit filed in the United States Supreme Court on December{{nbsp}}20, 2020.<ref name=":1" /> The suit asks the Court to evaluate the constitutionality of three Pennsylvania Supreme Court decisions: ''In re November 3, 2020 Gen. Election'', ''In re Canvassing Observation'', and ''In re Canvass of Absentee & Mail-In Ballots of Nov. 3, 2020 Gen. Election.''<ref name=":3" /> The Trump campaign also submitted a request to expedite proceedings,<ref name=":3" /> but The Court ignored this and instead set the deadline for reply briefs from the respondents for January{{nbsp}}22, 2020, two days after [[Inauguration of Joe Biden|President Elect Biden's inauguration]].<ref name="foxnews">{{Cite web|url=https://www.foxnews.com/politics/supreme-court-trump-campaign-case-no-hurry|title=Supreme Court in no hurry to hear Trump campaign case, sets response deadline two days after inauguration|date=2020-12-24|access-date=2020-12-27|website=[[Fox News]]|last1=Olson|first1=Tyler|last2=Bream|first2=Shannon|last3=Mears|first3=Bill}}</ref>


==Texas==
==Texas==

Revision as of 01:53, 29 December 2020

For lawsuits filed before Election Day, see Pre-election lawsuits related to the 2020 United States presidential election.

2020 U.S. presidential election
Attempts to overturn
Democratic Party
Republican Party
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After the 2020 United States presidential election, the campaign for incumbent President Donald Trump and others filed over fifty lawsuits[1][2][3] contesting election processes, vote counting, and the vote certification process in multiple states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin.[4] Nearly all the suits were dismissed or dropped due to lack of evidence;[5] judges, lawyers, and other observers described the suits as "frivolous"[6] and "without merit".[7]

Trump, his attorneys, and his supporters falsely[8] asserted widespread election fraud in public statements, though few such assertions were made in court.[9] In one instance, the Trump campaign and other groups seeking his election collectively lost multiple cases in six states on one day.[10] Every state except Wisconsin[11] met the December 8 statutory "safe harbor" deadline to resolve disputes and certify voting results. The Trump legal team had said it would not consider this election certification deadline as an expiration date for its litigation of the election results.[12][13][14] Three days after it was filed by Texas attorney general Ken Paxton, the Supreme Court on December 11 declined to hear a case supported by Trump and his Republican allies asking for electoral votes in four states to be rejected.[15]

One suit, Michigan Welfare Rights Org. v. Donald J. Trump, was brought by black voter groups in Michigan against the Trump campaign.[16][17][18]

Background

Both before and after the election, the campaign for incumbent president Donald Trump filed a number of lawsuits contesting election processes, vote counting, and the vote certification process in multiple states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania, Texas, and Wisconsin.[4] Many cases were quickly dismissed, and lawyers and other observers noted that the lawsuits are not likely to have an effect on the outcome of the election.[19][20][21][22] Trump, his supporters, and his attorneys asserted widespread election fraud in public statements.[23][24][25][26]

The Trump campaign suffered several setbacks on November 13. The Department of Homeland Security released a statement saying that the election was the "most secure in American history" and that there was no evidence any voting systems malfunctioned.[27] Sixteen federal prosecutors assigned to monitor the election sent a letter to Attorney General William Barr saying there was no evidence of widespread irregularities. A law firm hired by the campaign in Pennsylvania quit amidst concerns they were being used to undermine the electoral process. The campaign dropped its "Sharpiegate" lawsuit in Arizona. A judge in Wayne County, Michigan, refused to halt the vote count or certification of the winner. In Pennsylvania, judges refused to block 8,927 mail-in votes in Montgomery and Philadelphia counties.[28]

Four lawsuits orchestrated by conservative lawyer James Bopp in Georgia, Wisconsin, Michigan, and Pennsylvania were dropped on November 16 after a federal appellate court said voters could not bring some constitutional claims.[29] Sidney Powell was dropped as a lawyer for the Trump campaign on November 22.[30] Powell is currently operating independently in support of the Trump campaign.[31]

By November 27, more than thirty of the legal challenges filed since Election Day had failed;[32] by December 14 over fifty lawsuits had been dismissed.

Federal judges in Georgia and Michigan rejected last-ditch efforts by pro-Trump lawyer Sidney Powell to overturn the election results on December 7.[33] United States District Court for the Eastern District of Michigan Judge Linda Parker wrote, "[T]his lawsuit seems to be less about achieving the relief Plaintiffs seek—as much of that relief is beyond the power of this Court—and more about the impact of their allegations on People's faith in the democratic process and their trust in our government." In the United States District Court for the Northern District of Georgia, Judge Timothy C. Batten Sr. wrote, "They want this court to substitute its judgment for two-and-a-half million voters who voted for Joe Biden... And this I am unwilling to do."[34]

Judges who were nominated by Trump also dismissed the claims and reliefs made by the Trump campaign in the courtrooms.[35]

Voting machine companies Dominion Voting Systems and Smartmatic threatened legal action, claiming that they were defamed by lawyers for Trump and right-wing media companies Fox, Newsmax, and OAN, who propounded conspiracy theories about the election technology companies.[36] On December 18, lawyers for the Trump campaign told employees to preserve all documents related to Sidney Powell and the Dominion Voting Systems in relation to the suits.[37]

Loyola Law School professor Justin Levitt said "[t]here's literally nothing that I've seen yet with the meaningful potential to affect the final result".[38] Ohio State University election law professor Ned Foley noted "[y]ou have to have a legal claim, and you have to have evidence to back it up. And that's just not there."[22] University of Kentucky law professor Joshua Douglas said the lawsuits "all seem to have no merit whatsoever".[39] Bradley P. Moss, an attorney specializing in national security, wrote that the suits "continue to defy reason and logic, and are purely theater ... It's all a farce".[40] University of California, Irvine election law professor Rick Hasen said there is "no evidence of fraud so far that could conceivably affect the election results".[21] Barry Richard, who helped to oversee the Republican-led Florida recount effort during the 2000 election, called the lawsuits "entirely without merit" and said they "will not be successful";[41] Gerry McDonough, an attorney who worked for the Gore campaign, said Trump "has no chance of overturning the result—it's just impossible".[42] The Cybersecurity and Infrastructure Security Agency issued a statement calling the 2020 election "the most secure in American history" and noting "[t]here is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised".[27]

Jones Day, one of many law firms working for the Trump campaign and one that specifically handled Pennsylvania Democratic Party v. Boockvar,[43] faced internal criticism for its "shortsighted" efforts on litigation that "erode[s] public confidence in the election results".[44][45]

Summary of post-election lawsuits

Main articles: Post-election lawsuits related to the 2020 United States presidential election from Arizona, Post-election lawsuits related to the 2020 United States presidential election from Georgia, Post-election lawsuits related to the 2020 United States presidential election from Michigan, Post-election lawsuits related to the 2020 United States presidential election from Nevada, Post-election lawsuits related to the 2020 United States presidential election from Pennsylvania, and Post-election lawsuits related to the 2020 United States presidential election from Wisconsin

The swing states of Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin have encountered the most lawsuits from the Trump campaign. This was a strategic decision to file lawsuits in states that were the too close to call the night of the election and as such remained uncalled for a few days after Election Day passed.

Counts

Total count of post-election lawsuits
State Dropped Dismissed Appeal ongoing Trial ongoing Ruled Total
Arizona 3 3 1 0 0 7
Georgia 1 3 2 0 0 6
Michigan 2 3 1 0 1 7
Nevada 2 5 0 0 0 7
Pennsylvania* 1 7 1 2 3 14
Wisconsin 1 4 1 0 1 7
Others 0 1 0 1 1 3
Totals 10 26 6 3 6 51

*Count does not reflect denials

Case summaries

Unresolved post-election lawsuits related to the 2020 United States presidential election
State First filing date Case Court Docket no(s). Outcome Comments References
Arizona December 2, 2020 Bowyer v. Ducey Arizona United States District Court

United States Court of Appeals for the Ninth Circuit

2:20-cv-02321 Dismissal Appealed Lawsuit seeking de-certification of Arizona results, litigated by Sidney Powell. The judge ruled that the plaintiffs lacked legal standing; their fraud allegations were vague and implausible, and their evidence was unreliable or irrelevant.

Appealed to the 9th circuit

Wikisource has original text related to this article:
[46][47][48]
District of Columbia November 20, 2020 Michigan Welfare Rights Org. v. Donald J. Trump U.S. District Court for the District of Columbia 1:20-cv-03388 Ongoing Black voters in the Detroit area have accused the Trump campaign of attempting to disenfranchise them. [16][17][18]
Georgia November 13, 2020 Wood v. Raffensperger U.S. District Court for the Northern District of Georgia 1:20-cv-04651-SD Dismissal Appealed Lawsuit challenging the inclusion of absentee ballots for the general election in Georgia.

November 19: Temporary Restraining Order (TRO) request to halt certification was Denied as plaintiff Wood lacks standing and his constitutional rights arguments fail.

December 5: United States Court of Appeals for the Eleventh Circuit affirmed the denial of Wood's motion for emergency relief.

Motion filed, for an expedited consideration for a writ of certorari at the Supreme Court of the United States.

[49][50][51][52][53]
November 27, 2020 Pearson v. Kemp U.S. District Court for the Northern District of Georgia 1:20-cv-04809-TCB Dismissal Appealed Litigated by Sidney Powell. The judge ruled that the plaintiffs lacked legal standing and filed the case too late, that the federal court had no jurisdiction, and that the relief was impossible to grant.

Emergency petition filed in the Supreme Court of the United States for an emergency writ of mandamus.

[54][55][56][57][58][59]
Michigan November 25, 2020 King v. Whitmer U.S. District Court for the Eastern District of Michigan 2:20-cv-13134-LVP-RSW Dismissal Appealed December 7, 2020: Emergency Motion for Declaratory, Emergency, and Permanent Injunctive Relief denied

Appealed to the 6th Circuit.

Petition to the Supreme Court of the United States for writ of certorari filed.

[60][61][62][63][64]
New Mexico December 14, 2020 Donald J. Trump for President v. Oliver United States District Court for the District of New Mexico 1:20-cv-01289 Ongoing Lawsuit regarding the use of drop boxes in the 2020 elections
Pennsylvania November 22, 2020 Bognet v. Boockvar U.S. District Court for the Western District of Pennsylvania 3:20-cv-215 Dismissal Appealed Also called Bognet v. Secretary Commonwealth of Pennsylvania

Asked a federal court to overturn the Pennsylvania Supreme Court's decision allowing the receipt of ballots after Election Day. Dismissed by the District Court, appealed to 3rd Circuit Court of Appeals; dismissed, and appealed to Supreme Court

[65][66]
December 20, 2020 Donald J. Trump for President v. Boockvar US Supreme Court 20- Ongoing Supreme Court appeal of multiple Pennsylvania lawsuits [67][68][69]
Wisconsin December 1, 2020 Feehan v. Wisconsin Elections Comm'n United States District Court for the Eastern District of Wisconsin 2:20-cv-1771 Dismissal Appealed Plaintiffs challenge a variety of election practices and claim electronic ballot stuffing campaign occurred. Plaintiffs seek decertification of election results. The case was dismissed for lack of jurisdiction on December 9, 2020. The plaintiff also lacked legal standing.

Appealed to the 7th Circuit

[70][71][72][73][74][75][76][77][78]
Resolved post-election lawsuits related to the 2020 United States presidential election outside of the swing states
State First filing date Case Court Docket no(s). Outcome Comments References
Federal December 7, 2020 Texas v. Pennsylvania US Supreme Court (original jurisdiction) 22O155 Dismissed Lawsuit filed by Texas attorney general against Georgia, Pennsylvania, Wisconsin, and Michigan.

Dismissed due to lack of standing.

[79][80][81]
Minnesota November 24, 2020 Tyler Kistner et al. v. Steve Simon, et al. Minnesota Supreme Court A20-1486 Ruled Sought a temporary restraining order to delay the canvassing board's vote, alleging a variety of problems with the election.

On December 4, 2020, the Minnesota Supreme Court held that the doctrine of laches applied to petitioners' claims against the Secretary of State and that they had adequate time to bring suit prior to the election but failed to do so. In regards to observer access to post-election review, Minnesota law requires charges be served against county election officials which the petitioners did not do.

Dispositive Ruling in Favor of the Defense

[82][83]

United States Supreme Court

Texas v. Pennsylvania

Main article: Texas v. Pennsylvania

On December 8, 2020, Texas Attorney General Ken Paxton sued the states of Georgia, Michigan, Pennsylvania, and Wisconsin in order to invalidate the results of the presidential election in those states; the lawsuit was filed with the U.S. Supreme Court[84] as it has original jurisdiction over disputes between states.[79] Texas alleged that the four states used the COVID-19 pandemic as a pretext to unconstitutionally change voting laws and increase the number of mail-in ballots.[80][85]

The attorneys general of Georgia, Pennsylvania, and Wisconsin responded critically to the lawsuit,[80] while Trump and seventeen Republican state attorneys general filed motions to support the case.[86][87] After the office of Georgia's Attorney General Chris Carr described the lawsuit as "constitutionally, legally and factually wrong", Trump had a telephone conversation with Carr, in which he warned Carr not to rally other Republican state officials in opposition to the lawsuit.[88]

On December 10, over 100 House Republicans signed an amicus brief in support of Texas, including Minority Whip Steve Scalise and the ranking member on the Judiciary Committee, Jim Jordan.[85][89] That same day, the attorneys general of Georgia, Michigan, Pennsylvania, and Wisconsin asked the Supreme Court to reject the lawsuit.[90] In their briefs, the states challenged Texas' standing, and argued that the case did not belong in the high court; that Texas has no control over how other states conduct their elections; and that Texas waited too long to bring the suit.[90]

Legal experts criticized the lawsuit and said it was unlikely to succeed.[79][91] Rick Hasen, an election law expert at the University of California, Irvine, and Paul Smith, a professor at Georgetown University Law Center, questioned whether Texas has standing to bring the lawsuit and said the Supreme Court is unlikely to take up the case.[79] University of Texas law professor Stephen Vladeck remarked, "It looks like we have a new leader in the 'craziest lawsuit filed to purportedly challenge the election' category."[92]

On December 11, 2020 the Supreme Court dismissed the case:[15][93][94][95]

The State of Texas's motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.[96]

Justice Alito, joined by Justice Thomas, then partially dissented:

In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.[96]

Arizona

Main article: Post-election lawsuits related to the 2020 United States presidential election from Arizona

Several lawsuits were filed in the state of Arizona. Only Bowyer v. Ducey remains on appeal at the United States Court of Appeals for the Ninth Circuit.

Bowyer v. Ducey

Bowyer v. Ducey is a lawsuit launched by Sidney Powell alleging considerable violations of the Arizona Election Code. The case asked to decertify the results of the election in Arizona as remedy to these violations. This case was dismissed by the Arizona district court and subsequently appealed to the United States Court of Appeals for the Ninth Circuit.

District of Columbia

Main article: 2020 United States presidential election in the District of Columbia

Michigan Welfare Rights Org. v. Donald J. Trump

Black voter groups in Michigan filed suit in the District of Columbia against the Trump campaign on November 20, 2020, alleging the campaign has disenfranchised Black voters through their attempts to challenge election results in Detroit, Philadelphia, Milwaukee, and Atlanta.[16][17]

Wisconsin Voters Alliance v. Pence

A lawsuit challenging the election results of Pennsylvania, Michigan, Wisconsin, Georgia and Arizona was filed by the Amistad Project of the conservative Thomas More Society.[97] Among the plaintiffs were the Wisconsin Voters Alliance.[98] Shortly after the lawsuit was filed, Michigan lawmakers Matt Maddock and Daire Rendon attempted to withdraw as plaintiffs, because "what was eventually filed is very different than what was initially discussed", said Maddock.[97]

The lawsuit named Vice President Mike Pence, Congress and the Electoral College among the defendants; however the Electoral College is not actually an entity, but a process.[98]

Georgia

Main article: Post-election lawsuits related to the 2020 United States presidential election from Georgia

Several lawsuits were filed in Georgia after the election. Only two remains on appeal to the United States Supreme Court, Wood v. Raffensperger and Pearson v. Kemp.

Michigan

Main article: Post-election lawsuits related to the 2020 United States presidential election from Michigan

Several lawsuits were filed in Michigan after the election. Only one remains on appeal to the United States Supreme Court, King v. Whitmer.

King v. Whitmer

King v. Whitmer is a lawsuit launched by Sidney Powell alleging considerable violations of the Michigan Election Code. The case asked to decertify the results of the election in Michigan as remedy to these violations. This case was dismissed by the Michigan district court and subsequently appealed to the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court.

Minnesota

Main article: 2020 United States presidential election in Minnesota

Kistner v. Simon

On November 24, 2020, a petition was filed in the Minnesota Supreme Court by 25 candidates from numerous races within Minnesota as well as a handful of voters against Minnesota Secretary of State Steve Simon and the state's canvassing board. The suit alleged various election problems and sought a temporary restraining order delaying certification of election results,[82] which had already been certified the previous day.[99]

On December 4, 2020, the Minnesota Supreme Court dismissed all 3 claims filed by the petitioners, and thereby ordered that the whole petitioned filed on November 24, 2020 be dismissed.[83]

The court's decision to dismiss was based partly on the grounds that petitioners should have filed suit earlier. "Given the undisputed public record regarding the suspension of the witness requirement for absentee and mail ballots, petitioners had a duty to act well before November 3, 2020," the ruling states. It goes on to say that "asserting these claims 2 months after voting started, 3 weeks after voting ended, and less than 24 hours before the State Canvassing Board met to certify the election results is unreasonable."[100]

Nevada

Main article: Post-election lawsuits related to the 2020 United States presidential election from Nevada

Seven lawsuits were filed in Nevada after November 3, 2020. All of these lawsuits have been either dropped or dismissed.

New Mexico

Main article: 2020 United States presidential election in New Mexico

Donald J. Trump for President v. Oliver

On December 14, 2020, the same day that New Mexico electors cast their electoral college votes, the Trump campaign filed a lawsuit in federal court against New Mexico Secretary of State, Maggie Toulouse Oliver, the electors of New Mexico and the State Canvassing Board. The lawsuit concerns the use of drop boxes in the 2020 elections. The federal lawsuit claims that New Mexico Secretary of State Maggie Toulouse Oliver violated the state election code by permitting voters to deposit completed absentee ballots in drop boxes at voting locations rather than handing them to the location's presiding judge in person. The complaint asks the court to order a delay in certifying New Mexico's electoral vote, which had already occurred, and mandate a statewide canvass of New Mexico's absentee ballots, including investigations into every voting location where a drop box was implemented.[101][102]

Pennsylvania

Main article: Post-election lawsuits related to the 2020 United States presidential election from Pennsylvania

Several lawsuits were filed in the Commonwealth of Pennsylvania[38] only four are still pending in federal jurisdiction at the United States Supreme Court. Of these, only two of these lawsuits were filed after Election Day, the other two were filed before the election. The lawsuits filed after Election day are Bognet v. Boockvar and Donald J. Trump for President v. Boockvar.

Bognet v. Boockvar

Asked a federal court to overturn the Pennsylvania Supreme Court's decision allowing the receipt of ballots after Election Day. Dismissed by the Pennsylvania district court, appealed to 3rd Circuit Court of Appeals; dismissed, and appealed to Supreme Court.[103]

Donald J. Trump for President v. Boockvar

Donald J. Trump for President v. Boockvar is a lawsuit filed in the United States Supreme Court on December 20, 2020.[67] The suit asks the Court to evaluate the constitutionality of three Pennsylvania Supreme Court decisions: In re November 3, 2020 Gen. Election, In re Canvassing Observation, and In re Canvass of Absentee & Mail-In Ballots of Nov. 3, 2020 Gen. Election.[68] The Trump campaign also submitted a request to expedite proceedings,[68] but The Court ignored this and instead set the deadline for reply briefs from the respondents for January 22, 2020, two days after President Elect Biden's inauguration.[104]

Texas

Gohmert v. Pence

On December 27, 2020 Texas Congressman Louie Gohmert, Arizona Republican Party Chair Kelli Ward, and other Republican party members filed a complaint in the United States District Court for the Eastern District of Texas. Vice President Mike Pence was named as defendant of the suit. The complaint argued that certain provisions of the Electoral Count Act of 1887 are unconstitutional under the Electors Clause and the Twelfth Amendment of the U.S. Constitution. The lawsuit's intended outcome is for Pence to be empowered to select "alternate" slates of electors from swing states on January 6, 2021 such that Trump receives those states' electoral votes and wins the election; the Electoral Count Act does not give the Vice President any such "sole discretionary" power over electoral votes, and none of the self-styled "alternate" slates of electors from the swing states have been certified by their respective states' legal processes.

Wisconsin

Main article: Post-election lawsuits related to the 2020 United States presidential election from Wisconsin

Several lawsuits were filed in Wisconsin after the election. 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.[105] The Court was still considering another case, Feehan v. Wisconsin Elections Commission.

Mark Jefferson v. Dane County, Wisconsin

On December 14, 2020, a petition was filed in the Wisconsin Supreme Court by Mark Jefferson and the Republican Party of Wisconsin seeking a declaration that (1) Dane County lacks the authority to issue an interpretation of Wisconsin's election law allowing all electors in Dane County to obtain an absentee ballot without a photo identification and (2) Governor Tony Evers' Emergency Order #12 did not authorize all Wisconsin voters to obtain an absentee ballot without a photo identification. The Wisconsin Supreme Court ruled in favor of Mark Jefferson and the Republican Party of Wisconsin, stating that the Dane County government's interpretation of Wisconsin election laws was erroneous. "A county clerk may not “declare” that any elector is indefinitely confined due to a pandemic," the court said. The court further stated that "…the presence of a communicable disease such as COVID-19, in and of itself, does not entitle all electors in Wisconsin to obtain an absentee ballot…"[106][107][108]

See also

Notes

References

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