Six Republican Candidates for Presidential Elector from Georgia File Lawsuit to Invalidate Georgia Election Returns

On November 25, six Georgia Republican presidential elector candidates filed a federal lawsuit, arguing that the Georgia election returns should be set aside. They assert that the Dominion vote-counting equipment fraudulently increased Joe Biden’s vote count by 96,000 votes. Pearson v Kemp, n.d., 1:20cv-4809.

Georgia has sixteen electoral votes, which means that ten of the Republican presidential elector candidates did not join this lawsuit.

New York Independence Party Affiliates with the Alliance Party

The New York Independence Party very recently became the New York state affiliate of the Alliance Party.

If it weren’t for the New York law that passed in April 2020, making it far more difficult for parties to remain ballot-qualified, the Independence Party would now be ballot-qualified, and therefore the Alliance Party would now be ballot-qualified in New York. But under the new law, the Independence Party is not ballot-qualified. It is possible that the new New York law will be declared unconstitutional in federal court in the coming months.

The Alliance Party is now ballot-qualified in Connecticut, Florida, Mississippi, and South Carolina, and it will be ballot-qualified in Delaware (under the name American Delta) if it increases its registration by about 100 more members.

Some Pennsylvania Republican Congressional Candidates Ask U.S. Supreme Court to Block Certification of Election Returns

On December 3, a Pennsylvania Republican member of Congress, and several Republican congressional nominees, asked the U.S. Supreme Court to block Pennsylvania from certifying its November 2020 election returns. Kelly v Commonwealth of Pennsylvania. Here is the document. The individuals who filed the case say that the Pennsylvania legislature passed a bill in 2019 allowing no-excuse absentee voting, but that the bill, which was signed into law, violates the Pennsylvania Constitution. They say the Pennsylvania Constitution does not permit no-excuse absentee voting. They say that if the legislature wanted to legalize no-excuse absentee voting, it should have set in motion the process to amend the state constitution.

The Pennsylvania State Supreme Court has already rejected this case. Thanks to Rick Hasen for this news. It is somewhat surprising that Republicans are complaining about the 2019 bill, because the Pennsylvania legislature had and has a Republican majority in each house, so Republicans in the legislature passed it. Update: in the U.S. Supreme Court, the case is 20A98. Justice Alito has asked the Pennsylvania government to respond by December 9.

Wisconsin Supreme Court Won’t Hear President Trump’s Election Law Case

On December 3, the Wisconsin Supreme Court declined to hear Trump v Evers, 2020AP-1971, at this time. The case challenges acceptance of several hundred thousand votes cast last month. The plaintiffs argue that certain absentee votes should not have been counted. The vote was 4-3. Even one of the dissents says that if the Court had taken the case now, it doesn’t follow that any votes would have been invalidated. The majority depended on the fact that the law says a case of this type should have been filed in a trial court. The dissent acknowledges that, but says that the law violates the State Constitution. Of course the dissent also stresses the time urgency of the case. Here is the decision.