Trump files lawsuits to stop vote counting as Biden inches closer to victory


Reuters | Published: November 05, 2020 10:13:20 | Updated: November 05, 2020 16:54:59


US President Donald Trump (right) and Democratic presidential candidate Joe Biden seen in this photo collage — AP/Files

US Democrat Joe Biden on Wednesday (US standard time) predicted an election win over Donald Trump after pivotal victories in Michigan and Wisconsin, while the incumbent Republican President sought to offset a narrowing path to re-election with lawsuits and demands for a recount.

Victories in those Midwestern states gave Biden, a former vice president who has spent five decades in public life, a critical boost in the race to obtain 270 electoral votes in the state-by-state Electoral College needed to win the White House.

Trump, who won both states in 2016, now has fewer options to secure a second four-year term. With the count still under way, he has falsely declared victory, accused the Democrats of trying to steal the election and vowed to fight the states in court.

“It’s clear that we’re winning enough states to reach (the) 270 electoral votes needed to win the presidency,” Biden, appearing with his running mate Kamala Harris, said in his home state of Delaware. “I’m not here to declare that we’ve won. But I am here to report that when the count is finished we believe we will be the winners.”

Trump has spent months seeking to undermine the credibility of the voting process in case he lost and accusing Democrats, without evidence, of seeking to steal the election.

His campaign fought to keep Trump’s chances alive with lawsuits in Michigan and Pennsylvania to stop vote counting. It demanded a recount in Wisconsin.

The campaign asked the US Supreme Court to allow Trump to join a pending lawsuit filed by Pennsylvania Republicans over whether the battleground state, which was still counting hundreds of thousands of mail-in ballots, should be permitted to accept late-arriving ballots sent by Election Day on Tuesday.

The manoeuvres amounted to a broad effort to contest the results of a still undecided election a day after millions of Americans went to the polls during the coronavirus pandemic that has upended daily life.

While fighting to stop the count in states where he feared losing, Trump blasted news organisations that projected losses in Arizona and Nevada, states he thought he should be winning.

Biden said every vote must be counted. “No one’s going to take our democracy away from us, not now, not ever. America’s come too far. America’s fought too many battles, America’s endured too much to ever let that happen,” he said.

Trump is trying to avoid becoming the first incumbent US president to lose a re-election bid since George H.W. Bush in 1992.

Biden won Michigan by 67,000 votes, or 1.2 per cent, while he was ahead in Wisconsin by just over 20,000 ballots, or 0.6 per cent, according to figures from Edison Research, which projected Biden as the winner in Michigan. Several news outlets projected Biden as the winner in Wisconsin, though Edison did not, citing the pending recount.

Wisconsin law allows a candidate to request a recount if the margin is below 1 per cent, which the Trump campaign immediately said it would do.

In response to the Michigan lawsuit, Ryan Jarvi, a spokesman for the state attorney general, said the elections had been “conducted transparently.”

Voting concluded as scheduled on Tuesday night, but many states routinely take days to finish counting ballots. There was a surge in mail-in ballots nationally amid the pandemic. Other closely contested states including Arizona, Georgia, Nevada and North Carolina were still counting votes, leaving the national election outcome uncertain.

At the moment, not including Wisconsin, Biden leads Trump 243 to 213 in Electoral College votes, which are largely based on a state’s population.

The Pandemic Effect

The contentious aftermath capped a vitriolic campaign that unfolded amid a pandemic that has killed more than 233,000 people in the United States and left millions more jobless. The country has also grappled with months of unrest involving protests over racism and police brutality.

Supporters of both candidates expressed anger, frustration and fear with little clarity on when the election would be resolved.

Trump held a narrow lead in North Carolina, while his lead dwindled in Georgia and Pennsylvania. Without Wisconsin and Michigan, he would have to win all three as well as either Arizona or Nevada, where Biden was leading in the latest vote counts.

Biden would be only the second Democratic presidential candidate to win Arizona in 72 years. Trump won the state in 2016.

In Pennsylvania, Trump’s lead dropped to around 196,000 votes as officials gradually worked their way through millions of mail-in ballots, which were seen as likely to benefit Biden. Trump campaign manager Bill Stepien called the president the winner in Pennsylvania, even though state officials had not completed the count. Biden said he felt “very good” about his chances in the state.

In the nationwide popular vote, Biden on Wednesday was comfortably ahead of Trump, with about 3 million more votes. Trump won the 2016 election over Democrat Hillary Clinton after winning crucial battleground states even though she drew about 3 million more votes nationwide.

Legal experts had warned the election could get bogged down in state-by-state litigation over a host of issues, including whether states can include late-arriving ballots that were mailed by Election Day. Both campaigns have marshalled teams of lawyers in preparation for any disputes.

In the Pennsylvania case in which the Trump campaign sought to intervene, the US Supreme Court previously allowed the state to move forward with a plan to count ballots mailed by Election Day that arrive up to three days later.

But some conservative justices suggested they would be willing to reconsider the matter, and state officials planned to segregate those ballots as a precaution.

Ahead of the election, Trump had said he wanted his latest US Supreme Court appointee, Amy Coney Barrett, confirmed by the Senate in case the court had to hear any electoral dispute. Democrats had criticized the president for appearing to suggest he expected Barrett to rule in his favour.

Trump has repeatedly said without evidence that widespread mail-in voting would lead to fraud, although US election experts say fraud is very rare.

Trump continued to make unsubstantiated attacks on the vote-counting process on Twitter on Wednesday. Both Facebook and Twitter flagged multiple posts from the president for promoting misleading claims.

“We were getting ready to win this election. Frankly, we did win this election,” Trump said before launching an extraordinary attack on the electoral process by a sitting president. “This is a major fraud on our nation. We want the law to be used in a proper manner. So we’ll be going to the U.S. Supreme Court. We want all voting to stop.”

Trump provided no evidence to back up his claim of fraud and did not explain how he would fight the results at the Supreme Court.

The election will also decide which party controls the US Congress for the next two years, and the Democratic drive to win control of the Senate appeared to be falling short. Democrats had flipped two Republican-held seats while losing one of their own, and five other races remained undecided - Alaska, Michigan, North Carolina and two in Georgia.

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