From Marc Elias <[email protected]>
Subject Republican desperation is showing in court
Date September 7, 2024 11:00 AM
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We are at a critical stage of the campaign. Kamala Harris’ rise in the polls continues. Democratic prospects in the House and Senate are improving by the day. Republicans are growing more desperate.

On any given day it is difficult to measure desperation. Polling offers a snapshot of what voters think, but not how the campaigns view the arc of the race. Official statements from campaign officials are rightly viewed with some skepticism.

In the final weeks of an election, you should focus on what the campaigns do, rather than what they say. Pay particular attention to what they are spending money on. Donald Trump can say he thinks he is going to win New Hampshire, but if he isn’t spending money there, that tells you the truth.

There is nowhere Republicans are spending more than in the courts. In recent weeks they have filed a flurry of lawsuits targeting the voting process. They can call their voter suppression program whatever they please, but it is still a massive voter suppression effort.

Consider this: when the Democratic National Convention began, there were 88 pro-voting lawsuits and 85 anti-voting lawsuits that had been filed during this election cycle. Three weeks later, anti-voting lawsuits now outpace pro-voting 99 to 90.

Adding to the GOP’s troubles is their dismal record of success. By the first night of the DNC, pro-voting forces had won 167 cases and lost 73. That record is now 184 wins and 76 losses.

Republicans are in real electoral trouble and they have turned to the courts to bail them out. And with less than 60 days until the election, that strategy is failing. Expect more of the same to continue.


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The Right is Doubling Down on Election Litigation, But Isn’t Winning ([link removed])

Democracy Docket

Yesterday, Trump lamented that he’s “disappointed in his legal talent.” If he’s disappointed now, wait until someone tells him about this deep dive into all the voting and election cases the GOP is losing.
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Pennsylvania Counties Must Count Undated and Misdated Mail-in Ballots, Court Rules ([link removed])

Democracy Docket

The battleground state’s contested handwritten date requirement resulted in the disqualification of over 10,000 mail-in ballots during the 2022 midterm elections alone and several thousand more during the 2024 presidential primary.
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