TRUMP COULD PREVAIL IF HE HAS 'ACTUAL EVIDENCE'

By Greg Degeyter

 

It’s going to be interesting to see the litigation unfold.

In PA Trump has a strong success of prevailing based on the Bush v Gore decision which is almost identical to the prior litigation in PA regarding extending the time line to accept ballots. In Bush SCOTUS found that the legislature controlled over the state court system.

Winning PA isn’t enough for Trump to prevail though. He needs GA and one other state (MI, WI, less likely AZ on NV.) That is going to be analyzed under the Donahue case that occurred in response to the Carter/Ford election.
In that case the Court held that 1) voting irregularities was disenfranchisement that could be addressed by the courts. 2) Plaintiffs could use statistical analysis to support their claim of voting irregularities. 3) In addition to statistical analysis the plaintiffs also needed to be able to bring direct evidence to support the statistical analysis. 4) The plaintiff had to show that the irregularities changed the outcome of the election.

At least on the face of that case Trump will have a reasonable argument if (and it’s a big if) he can muster actual evidence to support the statistical irregularities.

EDITOR'S NOTE: Greg is a Houston attorney mainly practicing Social Security law.  He is a frequent contributor to Big Jolly Times.