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What You Need to Know About Election Litigation in Pennsylvania, Nevada, Georgia, and Arizona

What You Need to Know About Election Litigation in Pennsylvania, Nevada, Georgia, and Arizona

Even though former Vice President Joe Biden has claimed victory in the presidential election, the Trump campaign has filed lawsuits contesting the results with current litigation in Pennsylvania, Nevada, Michigan, Georgia, and Arizona.

In Pennsylvania alone, there are at least 21,000 dead people on the voter rolls. Is there a possibility that some of these ballots that went to dead people were used fraudulently?

We’ve also heard a lot of people talk about how we largely know the results of all the House and Senate races but still don’t have all the ballots counted for the presidential race. Why is this the case? 

Hans von Spakovsky, manager of The Heritage Foundation’s Election Law Reform Initiative and senior legal fellow at the think tank’s Meese Center for Legal and Judicial Studies, joins “The Daily Signal Podcast” to discuss.

[LISTEN HERE]

Rachel del Guidice: I’m joined today on “The Daily Signal Podcast” by Hans von Spakovsky. He’s the manager of The Heritage Foundation’s Election Law Reform Initiative and senior fellow at the Meese Center for Legal and Judicial Studies. Hans, it’s always great to have you with us on “The Daily Signal Podcast.”

Hans von Spakovsky: Sure. Thanks for having me on.

Del Guidice: Well, before we go into the litigation that’s happening right now postelection, I just want to ask you, top line, overall, do you think it’s reasonable to believe that voting irregularities or voter fraud occurred in this election?

Von Spakovsky: Well, look, we know it already happened in elections going on this summer. Yes, it’s certainly common sense to believe that happened. What we don’t know is how big it was, how extensive it was. Was it widespread? Was it just in isolated instances? We just don’t know the answer to that.

Del Guidice: While former Vice President Joe Biden has claimed victory in this presidential election, the Trump campaign is filing lawsuits. There are currently lawsuits in Pennsylvania, Nevada, Michigan, Georgia, and Arizona.

I want to walk through all the litigation going on in each of the states, starting with Pennsylvania. Can you tell us what’s going on there?

Von Spakovsky: Yes, Pennsylvania, they’re contesting the fact that the state Supreme Court extended the deadline for absentee ballots past the deadline set by the state Legislature.

The state Legislature, under their deadline, you’ve got to get your absentee ballot turned in by the end of Election Day, but the state Supreme Court put another three days on that.

What the Trump campaign is contesting is that the state Supreme Court doesn’t have the constitutional power to do that. The state Legislature does. They’re the ones that are tasked with and given the authority to set deadlines and the rules governing federal elections in their state.

If the state Legislature wanted to extend the deadline, I mean, they could do that, but here, the court stepped in and did it. What they’re contesting is the counting and inclusion of any absentee ballots that were received after Election Day.

Del Guidice: Before we move on to the other states, in Pennsylvania, I believe there were about at least 21,000 dead people on the voter rolls there.

Do you think that there is a potential possibility that some of those ballots that obviously may have gone to dead people … could have been used fraudulently? Do you think that’s something that may have happened?

Von Spakovsky: Yes, that’s a distinct possibility because, in fact, we know that records for past elections indicate that individuals who are dead but remain on the voter rolls mistakenly are credited with having voted in elections.

In fact, we’ve got cases in our Election Fraud Database at Heritage of individuals who were convicted of casting a ballot for someone who was deceased.

How many times and how many votes that may have happened with in this election—I mean, we just don’t have those records yet, so we don’t know.

Del Guidice: One more Pennsylvania question before we move on to Nevada, Rudy Giuliani, who’s the former mayor of New York City and the personal attorney to President [Donald] Trump, has spoken very positively of litigation in Pennsylvania. I’m curious what you think. Do you think there’s a solid case that can be made for the Trump campaign in Pennsylvania?

Von Spakovsky: Well, I think they’re on solid constitutional ground where they dispute the changes made by the state Supreme Court. In fact, the state Legislature agrees with that. The state Legislature also appealed the decision of the state Supreme Court.

So I think they’re on solid, constitutional ground there. The question is, will the Supreme Court take the issue up and make a decision on that?

Del Guidice: You talked a lot about Pennsylvania, Hans. Can you now walk us through with legal challenges going on in Nevada right now?

Von Spakovsky: Well, in Nevada, there’s a lawsuit claiming, again, problems with the voter registration list and that individuals who are not residents of the state, but in fact, not only residents of neighboring states like California, but actually voted, for example, in California and in Nevada.

Again, there’s a dispute over the fact that there may have been illegal and invalid votes cast in that election.

People need to understand, it’s not necessarily illegal to be registered in more than one state. That often happens through no fault of a voter when they simply move from one state to another. But if you take advantage of that and ...

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