I see it everywhere now on the right, in articles, blogs, and comments – the urge to turn on the GOP in anger at its failure to fight effectively.
I feel it myself to a certain degree. The situation is extremely frustrating, and the rage so satisfying and familiar.
And yet I’ve seen this impulse before, and I’m fairly certain that it’s one of the things that does most to warm the cockles of leftist hearts.
Commenter “Aggie” states the case against the GOP here:
The legal battles to safeguard against absentee voter fraud should have begun last summer to set the stage properly before the counting started. I bet the seasoned pols all knew this; but it looks like they decided to stay quiet rather than suggest support preemptively. The gambit now, during election contests, is simply to fold arms, fade back, and watch.
Now Trump’s team is jumping through their ass fighting battles that should be handled by the bench. Important battles, lots of them – Signature Match arguments in all the key states, for instance – but the “A” Team should be reserving their focus for the Supreme Court confrontations that are coming.
The Republican Party hasn’t changed, the party of self-interested good losers with skin-deep principles who love the lifestyle. They can see that Trump is ready to miss a payment – and they want to get their mitts on that great ‘new car’ smell in the modern Republican Party. If they play their cards right, they can get it well under market value – they’ll just pick up the payments. They’ll market it as the New GOP, hitting the same Trump donor lists and demographic groups looking to score big by mouthing the words of the message without having to mention that dreaded name. They may be in for a surprise.
My first response, however, is this: are you sure they didn’t try to fight prior to the election? After all, most of the changes – the loosening of the rules – were squeezed in during the last few months with the argument that it was necessary to protect people from COVID. However, the usual absentee ballot system was already available for those who really felt they could not brave the polls, and others certainly could have gone with proper distancing and other safeguards. Some states did it that way and there was no problem. In the states that did make changes, the changes were quite last-minute and done under cover of the COVID scare, but there certainly was opposition by the GOP. There were several cases involving PA, for example, that went all the way to SCOTUS, which decided to let the lower (Democrat) PA court’s ruling stand.
There most definitely were challenges in other states as well. See this article from August about various challenges in which the RNC was involved. This was a GOP challenge to mail-in voting expansion in Illinois. This was a challenge in Houston. There was also one in California, one in Nevada, another in North Carolina, one in Michigan, and even in Montana. That’s by no means an exhaustive list, either.
I don’t know the disposition of all the cases, but I also recall reading about some were won by the GOP and of course there were some that they lost (the latter especially in Pennsylvania). For an idea of the volume of cases brought by the GOP, see this article published on September 30. An excerpt:
They’ve been fighting in Wisconsin and Pennsylvania over the cutoff date for counting mailed ballots, and in North Carolina over witness requirements. Ohio is grappling with drop boxes for ballots as Texas faces a court challenge over extra days of early voting…
The lawsuits are a likely precursor for what will come afterward. Republicans say they have retained outside law firms, along with thousands of volunteer lawyers at the ready. Democrats have announced a legal war room of heavyweights, including a pair of former solicitors general.
The race is already regarded as the most litigated in American history, due in large part to the massive expansion of mail and absentee voting. Loyola Law School professor Justin Levitt, a former Justice Department elections official, has tallied some 260 lawsuits arising from the coronavirus. The Republication National Committee says it’s involved in more than 40 lawsuits, and a website operated by a chief Democrat lawyer lists active cases worth watching in about 15 states.
Democrats are focusing their efforts on multiple core areas — securing free postage for mail ballots, reforming signature-match laws, allowing ballot collection by third-parties like community organizations and ensuring that ballots postmarked by Election Day can count. Republicans warn that those same requests open the door to voter fraud and confusion and are countering efforts to relax rules on how voters cast ballots this November.
“We’re trying to prevent chaos in the process,” RNC chief counsel Justin Riemer said in an interview. “Nothing creates more chaos than rewriting a bunch of rules at the last minute.”…
…[M]ost of the closely watched cases are in states perceived as up-for-grabs in 2020 and probably crucial to the race.
That includes Ohio, where a coalition of voting groups and Democrats have sued to force an expansion of ballot drop boxes from more than just one per county. Separately on Monday, a federal judge rejected changes to the state’s signature-matching requirement for ballots and ballot applications, handing a win to the state’s Republican election chief who has been engulfed with litigation this election season.
In Arizona, a judge’s ruling that voters who forget to sign their early ballots have up to five days after the election to fix the problem is now on appeal before the 9th U.S. Circuit Court of Appeals.
A federal appeals court on Tuesday upheld a six-day extension for counting absentee ballots in Wisconsin as long as they are postmarked by Election Day. The ruling gave Democrats in the state at least a temporary victory in a case that could nonetheless by appealed to the U.S. Supreme Court. In neighboring Michigan, the GOP is suing to try to overturn a decision that lets the state count absentee ballots up to 14 days after the election.
In battleground North Carolina, where voters are already struggling with rules requiring witness signatures on absentee ballots, the RNC and Trump’s campaign committee have sued over new election guidance that will permit ballots with incomplete witness information to be fixed without the voter having to fill out a new blank ballot.
In Iowa, the Trump campaign and Republican groups have won a series of sweeping legal victories in their attempts to limit absentee voting, with judges throwing out tens of thousands of absentee ballot applications in three counties. This week, another judge upheld a new Republican-backed law that will make it harder for counties to process absentee ballot applications.
Pennsylvania has been a particular hive of activity.
It’s been hard to keep up with all the news, both pre- and post-election. But just because you didn’t hear about something, that doesn’t mean it didn’t happen. There definitely was some fighting in the courts, although it was nowhere near as successful as we would have hoped.
As I’ve already indicated, I have my own quarrels with the Republican “establishment” and certainly with the NeverTrumpers. The Georgia Secretary of State, Raffensperger, seems a particularly good example of a worse-than-useless GOP official who agreed to changes that enhanced opportunities for fraud. See this:
Back in March, Georgia election officials agreed to a settlement in federal court with the Georgia Democratic Party, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee, which had sued the state over its rules for absentee voting….
Previously, the signature on the absentee ballot had to match the signature on eNet, a computer database that maintains Georgia’s voter registration and absentee ballot information. If the signature on the ballot didn’t match, it was thrown out.
In a cleverly worded section of the settlement, Georgia election officials agreed to a subtle but profound change. Instead of having to match the signature on file with eNet, the absentee ballot signature only had to match the signature on the absentee ballot application. The key word in the settlement was “any.” That is, an absentee ballot can only be rejected if it doesn’t match “any” of the signatures on file—either in eNet or the signature on the absentee ballot application.
The situation is different in each state, but Georgia seems to have been an especially egregious example of Republican caving – perhaps because of the Stacey Abrams factor. Georgia remains an enormously key state because of the pending runoffs there, and if nothing changes to tighten up the election rules it doesn’t bode well for the results.
[NOTE: And speaking of Georgia, Dominion’s server just crashed during the latest recount. But recounts there are somewhat futile, anyway, because there are many other problems such as the signature match vulnerability described in the quote above, which cannot be corrected by a recount.]