Attorney Hans von Spakovsky is a former member of the Federal Election Commission and manager of the Heritage Foundation’s Election Law Reform Initiative and a senior legal fellow in Heritage’s Meese Center for Legal and Judicial Studies. He joined the 850WFTL Morning Show to explain where the Trump campaign stands in its alleged election fraud battle to win the White House.
First, Spakovsky expained that there maybe 700,000 ballots in Pennsylvania thrown out because they were either accepted after the legal vote deadline as established by the state legislature not the state supreme court, or they were cured improperly. He explained that in some cases voters’ ballots that were unacceptable were given a second chance to change the ballot or vote again.
In the 2000 Bush v. Gore decision, the US Supreme Court made it clear it prefers uniformity and the opposite was happening in Florida with hanging chads and butterfly ballots.
The U.S. Supreme Court held that this lack of uniformity violated the Equal Protection Clause of the Constitution, which guarantees equal weight for votes.
So how much time is there for President Trump to fight the election results in court? According to election expert, Dr. Sean Foreman, even if Joe Biden is declared the winner today with 270 Electoral votes, the win is not official until the “Safe Harbor Deadline,” December 8th 2020 when the Electoral College meets to count the Electoral Ballots. And then the U.S. Congress meets in joint session to count the electoral votes.
Spakovsky says some voters moved from California and live in Nevada part-time. He intimated it is possible that some of these people may have voted twice. Again, more evidence is needed in all of these cases and Spakovsky says the Trump administration is running out of time. And even if there is some “smoking gun evidence” it will be difficult to change enough votes to change the election results. He says we should know who won the presidential election in the next two weeks.
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