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The Pennylvania case wasn't dismissed solely on procedure; it was dismissed on lack of merit. The claim that Trump's team made was that because some counties al
by chipotle_coyote 6y ago
The Pennylvania case wasn't dismissed solely on procedure; it was dismissed on lack of merit. The claim that Trump's team made was that because some counties allowed voters to "cure" mail-in ballots if they were going to be thrown out and some didn't, that was unlawful. Multiple courts up the chain kept saying "no, this is not actually a thing." The Third Circuit's 3-0 ruling against them said, in these words, "The Campaign cannot win this lawsuit" because they "had to plead plausible facts, not just conclusory allegations". They went on to note that the number of mail-in ballots actually affected by the claims were "far smaller" than Biden's margin of victory.
> The problem is that once the election has been conducted in violation of the law, that has already happened. The total you have is inaccurate and you don't actually know who won.
If votes are cast in good faith by citizens following the voting laws as they are communicated and there is no evidence either of material fraud or of a material number of voters being disenfranchised, then you very likely do have an accurate total, right? If the election is a violation of the law because it disenfranchised enough voters to make a material difference in the outcome, that would be a different matter, but that was never actually in question here. Even if all the mail-in votes that had been "cured" had been thrown out, Biden would have still won the state. This is why Trump's team asked to have all mail-in votes thrown out: a more reasonable restitution wouldn't have achieved the outcome they wanted, e.g., Trump being awarded the state's electoral college votes regardless of the popular vote tally.
(And, AnimalMuppet is also right: every state that changed election laws in 2020 changed them, by definition, before the election. Raising objections to those laws after the election because your guy didn't win -- and only in those states -- is, well, suspect.)