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#affidavits

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Pildes, the NYU professor, said that while he was concerned about efforts to block certification at the local level,
he was confident that state courts could resolve any disputes by the time the electors meet.

A new law, the 🔸Electoral Count Reform Act🔸, should provide a significant new layer of protection against election subversion.

The bipartisan bill passed Congress at the end of 2022.

The law makes it so that Trump and his allies cannot repeat what they did in 2020 and submit false slates of electors from key swing states.

Significantly, it says that the slate of electors submitted by a state’s executive is the legitimate slate and raises the threshold in both houses of Congress to object to the electoral result.

While the law controls what Congress must do once it receives certificates from electors,
it doesn’t have much to say about what must happen in the lead-up to the electoral college vote.

🔥That could leave a lot of wriggle room for Trump and allies to try to slow down certification and go to court to try to force states to miss their certification deadline.

After Donald Trump nearly succeeded in overturning the 2020 election, ❓is the US better prepared to stop a similar effort in 2024?❓

Lawyers and other activists say they are ready, having spent the last four years studying and understanding the vulnerabilities that Trump and allies targeted in 2020.

Any effort to block certification is likely to be swiftly challenged in courts,
where Trump has already been unsuccessful dozens of times.

The new Electoral Count Reform Act should offer additional safeguards should there be an effort such as there was in 2020 to get Congress to stop its certification of the vote

Yet it would be a mistake to dismiss the threat altogether.

The same pressure points that existed in 2020 exist in 2024,
and in some places election deniers have been elevated to positions of power.

“This has started earlier in the cycle and is louder and is more consistent,” said Morales-Doyle of the Brennan Center.

“That is all just at a different level than it was before 2020.”

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#Aguilar #timeline #misleading #evidence #affidavits #county #boards #refused #reversed #Brennan #Center #Protect #Democracy #Howell #HeritageFoundation #network #Bobb #poll #observers #Elias #Giuliani #Ellis #Powell

theguardian.com/us-news/articl

The Guardian · ‘A different level than 2020’: Trump’s plan to steal election is taking shapeBy Sam Levine
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Since 2020, there have been at least 20 instances in eight states of election officials refusing to certify election results.

The first red flag came in 2022, when county commissioners in 🔹Otero county, New Mexico, refused to certify the results of a primary election,
citing vague concerns about voting equipment.

The secretary of state eventually went to court to force the commissioners to certify the election.

In July of this year, two Republicans on the county commission in 🔹Washoe county, Nevada
– a key county in a battleground state
– refused to certify its primary vote, setting off alarms.

The commissioners who refused to certify eventually reversed themselves.

Nevada’s secretary of state, Cisco #Aguilar, has since asked the state supreme court to clarify that county commissioners have an obligation to certify votes.

Sometimes election officials who refuse to certify have pointed to mistakes that happened during the election, even though they did not affect the outcome.

In other cases, like Adams’s in Georgia, officials have refused to certify to protest about what they view as unfair laws.

While courts would probably force recalcitrant officials to certify the vote, significant damage could still be caused.

“You can force certification through legal mechanisms, [but] those events tend to be like rocket fuel for conspiracy theories and misinformation and undermining confidence in the election.

So there’s damage done even where certification is eventually forced,” said Berwick, the "Protect Democracy" lawyer.

The #timeline for certifying the vote is important because,
under federal law,
👉states must have an official election result by 11 December,
six days before the electoral college meets.

💥Delaying certification efforts at the local level could put states at risk of missing that deadline.

“If we get past that deadline, it opens up a lot of questions, like tricky legal questions and room for shenanigans,” Berwick said.

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#misleading #evidence #affidavits #county #boards #refused #reversed #Brennan #Center #Protect #Democracy #Howell #HeritageFoundation #network #Bobb #poll #observers #Elias #Giuliani #Ellis #Powell

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Any effort to challenge the election results will probably start at the local level.

Just as there was in 2020, there’s likely to be a period of uncertainty after election day when votes are still being counted in key swing states.

Two of those, 🔹Wisconsin and 🔹Pennsylvania, still do not allow election officials to begin to process mail-in ballots until election day.

“I’m definitely concerned that you’re gonna have a lot of efforts to disturb the process of counting those votes, if we go into the late evening, early hours of the next day and all of that,”
said Richard Pildes, a professor at New York University who specializes in election law.

The observers amassed by Cleta Mitchell and the RNC could have a significant role.

In 2020, chaotic confrontations at polling sites offered #misleading #evidence
that Trump and allies used in their effort to try to overturn the election.

Trump’s effort to challenge the election results in 🔹Arizona, for example, was undergirded by #affidavits from observers and poll watchers who falsely claimed they saw ballots being
❌ rejected because of the type of pen voters were using.

In 🔹Georgia, Trump pointed to reports from observers in Atlanta falsely claiming they were
❌removed from the facility where mail-in ballots were counted.

In 🔹Michigan, Trump’s team used as evidence an “incident report” from an election observer who falsely said she heard workers giving instructions to
❌ count a rejected ballot.

Accusations of fraud may find a receptive audience at #county #boards responsible for certifying elections.

Until 2020, no one gave much thought to these positions, sometimes filled by elected officials and other times by little-known party loyalists.

In 2020, Trump’s campaign made a strong effort to try to ⚠️delay certification at the local and state level as part of his effort to overturn the election.

In Wayne county, home of 🔹Detroit, Trump personally called two Republican canvassers on the board responsible for certifying the vote there. The two officials ⚠️briefly #refused to certify, then #reversed themselves and did.

At the state level, Aaron Van Langevelde, a Republican on the state board of canvassers, faced ⚠️pressure not to certify the vote, but decided to anyway.

In 🔹Wisconsin, Republicans nearly got the state supreme court to ⚠️block certification of the state’s election.

In 🔹Arizona, Trump called the then governor, Doug Ducey, as he was certifying the vote amid a pressure campaign to ⚠️stop the certification of votes there.

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#Postolnikov has been under increasing scrutiny in the #criminal investigation into the #TrumpMedia merger. Most recently, he has been listed on #SearchWarrant #affidavits alongside several asscs – one of whom was #indicted last month for #MoneyLaundering on top of earlier #InsiderTrading charges.

#ESFamilyTrust was established on 18 May 2021, creation papers show. Postolnikov’s “user” access to the acct was “verified” on 30 Nov 2021 by a #PaxumBank mgr in Dominica.

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“Based on ex parte #affidavits, the district #court found #ProbableCause to search the #Twitter account for #evidence of #criminal offenses. Moreover, the district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to… #Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to #DestroyEvidence, change patterns of behavior, [or] notify confederates,’” the #AppealsCourt noted.

#X#Musk#Contempt