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With 60(!) days to Election Day 2020, here's the news that you'll want to know: (1) the four types of lawsuits happening right now that could change a lot about the election
(2) a 15-year-old bipartisan report highlighted the same voter security concerns that President Trump and Republicans have today
(3) how President Trump is prepping for the debates
(4) judges rule that Kanye West is off the ballot in Arizona and Virginia
Just four types of lawsuits could change a lot about the presidential election. "But those changes in long-familiar voting procedures have led to a bumper crop of lawsuits that could blow up into mini Bush v. Gore-style cases that further rupture the divide. Already, the pandemic-inspired election changes have prompted the filing of at least 228 lawsuits, according to Levitt, who tracks the litigation on his website." (MSN) • What's happening: In a long interview with POLITICO (read it here; you'll find it interesting), law professor Justin Levitt -- whose work we've highlighted for you before -- reviewed the four types of lawsuits that could affect how Americans vote in the presidential election:
(1) rules for candidates to get on a ballot, like "signature requirements, deadlines, thresholds for candidates, for parties or ballot initiatives"
(2) rules for absentee voting, like "deadlines for mail-in ballots, or provisions about assisting people with ballots, or opportunities for voters to correct mistakes, or the excuse you may need to provide to vote absentee, or postage on absentee ballots, or the witnesses and notaries required by some states"
(3) rules for in-person voting, like "hours of early voting, over curbside voting opportunities, over the availability of dropboxes and other in-person places to return the ballot"
(4) arguing that rules "shouldn't change," like "pushing back against those changes, mostly under the notion that the officials or legislatures have overstepped and may not have the authority to make the changes they've made"
• What's at stake: Now that we're 60 days away from the 2020 presidential election, read stories about election-related lawsuits -- which we highlight for you as important cases pop up! -- with two key things to keep in mind.
(1) We want to make sure Americans can vote. This is the most important thing!
But many of these lawsuits will now be decided within 60 days of the presidential election. That's a very narrow window to potentially change significant portions of the voting process.
And there are concerns about rule changes potentially affecting voter fraud (see The Vote story below).
(2) This is likely a preview of legal challenges to come.
Remember that Joe Biden has a team of 600 lawyers ready to go, and the Republican National Committee doubled its legal budget to $20 million. It could be a long fall if multiple states face recounts and legal challenges.
• What else to know: Levitt has been tracking COVID-related election lawsuits on his blog, and we've shared it with you before. If you haven't bookmarked it yet, do so now (you can read the post here).
Fifteen years ago, a bipartisan study predicted the problems with mail-in voting that President Trump highlights today. "Fifteen years ago this very month, a bipartisan panel of American statesmen and stateswomen — from ex-President Jimmy Carter and ex-Senate leader Tom Daschle on the left to former Secretary of State James Baker and former House Minority Leader Bob Michel on the right — studied the future of U.S. elections and issued strong words of caution that the expansion of mail-in voting that began a few years earlier in Oregon posed real fraud risks, especially in close elections." (Just the News) • What's happening: In an interesting read, a bipartisan group, coordinated by American University and other nonprofit groups, identified 15 years ago the same voter fraud concerns with increased mail-in voting that President Trump and Republicans highlight today.
• What's at stake: A report from 15 years ago won't tell us what to do today. But it does provide valuable context to the debates of 2020:
(1) It shows that the concerns of President Trump and Republicans are real.
Democrats -- and even social media companies -- have criticized President Trump's voter fraud concerns about increased mail-in voting. They've called it scare tactics and even suggested terrible conspiracies like President Trump trying to suppress voter turnout.
But this report highlights many of the same concerns that the President has shared with the American people in 2020 ... fifteen years after these words were written!
(2) It highlighted safeguards that Democrats and allied groups are suing to remove.
Among the report's suggested solutions included "safeguards to protect ballot integrity," according to Just the News, are voter signature verification from mail-in ballots.
Groups have filed lawsuits in Pennsylvania and in Ohio to overturn signature verification for the 2020 presidential election.
• What else to know: Policy experts at the Heritage Foundation created a report to highlight what states should do for the 2020 election to ensure all Americans can vote (which is the most important thing!). Check out their full report here.
Here's a preview of President Trump's debate strategy against Joe Biden. "Very quietly, top Trump aides and advisers began to discuss debate prep in early August at the president’s golf resort in Bedminster, N.J. The prep work is expected to ramp up considerably now that the Republican National Convention has concluded." (POLITICO) • What's happening: This is an inside look at the debate prep process of President Trump and his campaign staff. In addition to a focus on policy, which Biden has not highlighted (likely intentionally) with the American people, the Trump team is reviewing old footage to focus on:
-- words Biden uses when frustrated
-- "identify words or phrases that trigger [Biden] to 'reboot'"
• What's at stake: We're just over three weeks away from the first presidential debate on September 29. In a highly unusual election year -- with substantially limited campaign speeches and appearances -- the debates have taken on increased weight and importance.
President Trump is widely expected to come out on top in the debates, but his team has still cautioned that Joe Biden is an experienced debater -- and one staffer recalled Biden's 2012 debate against Paul Ryan specifically.
The debates are an opportunity for President Trump to highlight his vision for America and contrast it to what he says are Biden's far-left plans. But it's also a chance to potentially prove on-stage a key argument of the Trump campaign: that Biden is not adept enough to serve as president.
Kanye West is off the ballot in Virginia and Arizona. "A Richmond judge ruled Thursday that state elections officials should bar rapper and entrepreneur Kanye West from Virginia’s presidential ballot. Circuit Judge Joi Taylor found that 11 of the elector oaths West submitted 'were obtained by improper, fraudulent or misleading means' or are otherwise invalid because of notary violations and misconduct." (Richmond Times-Dispatch) • What's happening: Two Virginia residents sued to have Kanye West removed from the November ballot, and they were successful. A judge ruled that West's name will not be printed on the November ballot for Virginia. In another suit, West was removed from the Arizona ballot, too.
(Despite stories that he would drop out, West's campaign has persisted, and he was previously on the ballot in "at least eight states," according to The Federalist.)
• What's at stake: We don't think anyone expected West to win the presidential election. But the lawsuits -- and judges' rulings -- also make sure he won't potentially draw votes away from other candidates.
As The Federalist reported yesterday, the Virginia lawsuit included an experienced Democratic lawyer as counsel. That news item "affirms the belief that Democrats are concerned that having West on the ballot, especially in swing states, could siphon black votes away from Democratic nominee Joe Biden, potentially helping the reelection campaign of Donald Trump."
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