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Trump Suggests Delaying 2020 Election, Makes False Claims About Mail-in Voting

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  • President Donald Trump appeared to float the idea of delaying the election on Thursday and made false claims about mail-in voting, which numerous states have expanded in response to the coronavirus pandemic.
  • The president does not have the power to move the general election, an authority given solely to Congress under the Constitution.
  • Separately, the Constitution also states that the four-year term of a president must end on Jan. 20.
  • While the White House later walked back the president’s remarks, the suggestion still drew bipartisan backlash from members of Congress.
  • Trump has repeatedly made false claims about mail-in voting and claimed it is the biggest risk to his re-election, a fact that many say is an attempt to undermine the outcome of the election.

Trump Floats Delaying Election

President Donald Trump stirred up significant outcry on Thursday after suggesting in a tweet that the 2020 general election be delayed.

“With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history,” he wrote. “It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

The president has zero legal authority to change the date of the general election. Under the Constitution, Congress is given the power to set the date for the general, and states are given the power to choose when their primaries are. There is nothing that gives the president that ability. 

Even if Congress did want to delay the election, it would be an incredibly complicated and tough legal process. The date of the general election was set by a federal law in 1895, which says it must be the first Tuesday after the first Monday in November.

In order to change that, both the Republican-controlled Senate and the Democrat-held House would have to pass legislation, Trump would have to sign off, and that would still be subject to legal challenges in court.

But even if that all happened, the 20th Amendment of the U.S. Constitution mandates that the four-year term of a president and vice president end at noon on Jan. 20, and because that date is set in the Constitution, any change to that would require a Constitutional amendment.

That is arguably the most important thing to keep in mind here. Even if the election was delayed, the Constitution, as is, still says it has to happen before Jan. 20. If it does not happen before then, Trump cannot simply continue to be the president after his term ends Jan. 20 without changing the Constitution. The same applies for Vice President Mike Pence.

If, for whatever reason, there was not an election or a Constitutional amendment changing the term date, Speaker of the House Nancy Pelosi (D-Ca.) would become the president on Jan. 20.

Though, notably, if there is not a  presidential election, there would also most likely not be a congressional election, meaning Pelosi’s term would end Jan. 3 and the Senate Pro Tempore, Sen. Chuck Grassley (R-Ia.) would take over the presidency.

The remarks drew immediate bipartisan ire and prompted rebukes from several key Republican members.

“Never in the history of the federal elections have we not held an election, and we should go forward,” said House Minority Leader Kevin McCarthy (R-Ca.) 

“Never in the history of the country, through wars, depressions and the Civil War, have we ever not had a federally scheduled election on time, and we’ll find a way to do that again this Nov. 3,” Senate Majority Leader Mitch McConnell (R-Ky.) said during an interview later on Thursday.

The White House denied that Trump wants to change the election from November 3rd.

Continued Attacks

While Trump’s exact intentions with floating the idea of moving the election remain unclear, many accused the president of trying to sow discord and set up a scenario where if he loses the election, he and his supporters could refuse or challenge the results. 

Over the last few months, Trump has launched numerous attacks on the mail-in ballot expansions many states have undertaken in response to the coronavirus pandemic, repeatedly claiming that voting-by-mail will rig the election and lead to inaccuracies and fraud. 

Experts and politicians on both sides of the aisle allege that those attacks, almost all of which are based on falsities, are continued efforts by Trump to undermine the election results.

Instances of voter fraud are very rare in general. Specifically, the five states that already conduct voting almost entirely by mail have reported very little fraud.

While experts do say that it is true that without the proper security measures, mail-in voting is more susceptible to fraud, they also note that one of the most significant examples of absentee ballot fraud in decades was actually designed to help a Republican. 

That instance took place during the 2018 race for North Carolina’s 9th Congressional District, when a Republican operative was charged with election fraud after collecting absentee ballots for the Republican candidate, Mark Harris. State election officials mandated that the election be held again.

However, experts also use that as an example to show that fraud that is big enough to change an election outcome will probably be detected.

But despite the fact that there is hard historical and scientific evidence to back all of that up, Trump has continually pushed these false claims, and in recent weeks, he has only ramped up his efforts and rhetoric.

During an interview with Fox News’ Chris Wallace earlier this month, Trump refused to say if he would accept the results of the 2020 election.

“It depends. I think mail-in voting is going to rig the election,” he said. “I have to see. I’m not just going to say yes, I’m not going to say no.”

According to a tally by The Washington Post, since late March, Trump has gone after mail-in voting nearly 70 times in interviews, remarks, and tweets, including at least 17 times this month alone. 

Trump has also recently said that mail-in voting is his biggest risk for his re-election, and claimed that it will hurt Republicans more, though studies have found that mail-in voting does not favor one party either way.

States Expanding Mail-In Ballots

On the other side, Democrats have accused Trump and other Republicans who have pushed to limit mail-in voting during the pandemic of undermining democracy by making people choose between exercising their right to vote and endangering their health.

Many also accused them of engaging in voter suppression, arguing that it’s not mail-in voting that will hurt the Republicans, but rather, voter turn out.

According to data from the National Vote at Home Institute, states that changed their presidential primaries to largely mail-in voting this year saw much bigger voter turnout than states that mostly held in-person contests. In fact, seven of the nine states that saw the lowest turnout held their elections primarily in person.

For example, Montana, which had the highest percentage of voter turnout in the nation with 63%, sent ballots to all registered voters and encouraged them to vote by mail. In Pennsylvania, a crucial battleground state, 1.5 million people voted by mail in the primary, nearly 18 times the amount of people who voted by mail in the state in 2016.

If states with mail-in voting have higher turnout, that has huge implications for the general election. While some states have been inflexible, the vast majority of others have either relaxed their rules for absentee and mail-in voting or already had those rules in place.

According to The Post, currently, over 180 million eligible voters will be able to vote by mail in the election. Of those eligible voters, 24 million live in states that have either switched to allow no-excuse absentee voting or will now allow fear of the coronavirus as a reason to vote absentee.

Meanwhile, only eight states are keeping in-person voting as the only option unless the voter can give an approved reason other than fear of the coronavirus. 

Those massive expansions, which have timed out perfectly with Trump’s increased attacks, seem to indicate that Trump views increased voter turn-out as a threat. That could not come at a worse time for the embattled leader.

Current polls are increasingly showing him trailing presumptive Democratic nominee Joe Biden,  including in some key battleground states. Trump’s unusual tweet Thursday also came just minutes after the Commerce Department reported that the U.S. GDP fell 9.5 percent last quarter, the largest quarterly drop on record.

But for now, it seems like the election will stay put. And with just 95 days to go, the clock is ticking.

See what others are saying: (The Washington Post) (USA Today) (The New York Times)

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Campaign Season Gets Rolling This Month With Primaries in 13 States

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Several of the contests taking place this month will serve as important tests for Trump-backed candidates and how much power the former president still has over the GOP.


May Primaries Start With Key Race in Ohio

The 2022 midterm season is officially heating up this month with 13 states heading to the polls.

Voters in Indiana and Ohio will kick off the busy month on Tuesday with several highly anticipated races, including one closely watched contest for the seat being vacated by long-time Senator Rob Portman (R-Oh.)

The fight for Portman’s seat has been a heated one: candidates have spent tens of millions of dollars, held numerous debates and forums, and at one point, two of them even got into a physical confrontation. 

The main reason there are so many eyes on this race is because it will prove to be a key test for former President Donald Trump and the influence he has over the party. While Portman has generally been moderate and, at times, more readily critical of Trump than many others in his party, the Republican primary campaign has basically been a fight to see who is the most in line with Trump.

According to FiveThirtyEight, all but one of the seven Republican senate candidates embraced the former president’s election fraud lies as they fought for his coveted endorsement in a state he won by eight points in both 2016 and 2020.

Trump, for his part, ultimately ended up endorsing Hillbilly Elegy author J.D. Vance in a move that surprised many, because Vance had previously been vocally opposed to the former leader and his competitors had spent months running ads noting that fact.

However, the fight for Trump’s backing appears to have been worth it. Last week, a Fox News poll found that support for Vance has surged by double-digits since Trump’s endorsement, making him the front-runner.

Still, as FiveThirtyEight reports, “other factions of the party haven’t given up the fight either — which means the primary will be a direct test of how much clout Trump has when other Republican elites dare to defy him.” 

Meanwhile, there are also concerns regarding the ongoing legal battle over Ohio’s congressional map and the confusion that has caused for the state’s election calendar. For weeks, it was widely believed the state’s primaries would be pushed back after the Ohio Supreme Court ordered GOP lawmakers to redraw their map.

The map had been gerrymandered to give Republicans 12 out of the 15 congressional seats in the state even though they had only won around 55% of the popular vote. Ohio voters also previously passed a constitutional amendment in 2018 that effectively banned partisan gerrymandering.

The election, however, is still going forward anyway, even as early voting was down a whopping 40% from the last election, and the legislative races will not be on the ballot Tuesday, meaning there will have to be a second primary, which will likely drive down turnout even more.

Other Major Races This Month

There are also other notable contests scheduled for later this month. On May 17, there will be two additional races for seats vacated by Republican senators in North Carolina and Pennsylvania that will serve as important indicators of the former president’s sway over the party.

Meanwhile, in Georgia, the main Trump test focuses on two statewide races for the positions currently held by Gov. Brian Kemp (R) and Secretary of State Brad Raffensperger (R). The two infamously angered Trump after they refused to help him overturn the election, and as a result, many are watching to see if the former president’s full-fledged pressure campaign against them will work.

In Georgia and other battlegrounds voting this month, Democrats are also hoping they can make inroads — particularly in Pennsylvania. But recent polls have not painted a good picture for the party. Last week, an NPR/PBS NewsHour/Marist poll found that 47% of voters said they were more likely to vote for the Republican in their district, while just 44% said they would back Democrats. 

The poll marked the first time in eight years that a Marist survey found the GOP with an advantage for congressional ballot tests. 

See what others are saying: (NPR) (FiveThirtyEight) (PennLive)

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New York’s Highest Court Strikes Down Democrat-Gerrymandered Map

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The move represents a major blow to Democrats, who stood to gain as many as three seats in Congress if their map had been accepted.


Appeals Court Ruling

The New York State Court of Appeals struck down a congressional map drawn by the state’s Democrats Wednesday, dealing the party a major blow.

In the decision, the state’s highest court agreed with Republicans who had argued that the map was unconstitutionally gerrymandered to benefit Democrats. The justices called the map “substantively unconstitutional as drawn with impermissible partisan purpose.”

The court also condemned the Democrats for ignoring a constitutional amendment approved by voters in 2014 that aimed to limit political influence in redistricting, which included the creation of an independent entity to draw maps that the legislature would then vote on. However, the commission created to prevent partisan gerrymandering was unable to decide on a map because of its own partisan stalemate. As a result, Democrats in the legislature took it upon themselves to draw a final map.

But the version that the legislature passed and New York Gov. Kathy Hochul (D) signed into law re-drew lines so that Democrats could have gained as many as three new seats in the U.S. House of Representatives. 

Such gains would be highly significant in the upcoming 2022 midterm elections, where Republicans are expected to make substantial gains and may very well take back the House. Unsurprisingly, Republicans sued, and a lower court struck down the map.

In their order, the Appeals Court justices took away the legislature’s ability to make the map and instead delegated that power to a court-appointed “neutral expert.” 

While the judges did say there was enough time to finish the map before the primary elections in June, they also added that the Congressional contests would likely need to be moved to August. Races for governor and other statewide officials, however, would stay the same.

Broader Trends

The Appeals Court ruling is unique in that it targets Democrats, but it also comes as part of the broader trend of state courts cracking down on gerrymandering — though most other instances have stemmed from GOP-drawn maps.

In just the first four months of 2022, state courts in Ohio, North Carolina, Kansas, and Maryland have all struck down redistricting plans crafted by lawmakers.

Unlike the New York ruling, some of those other courts have implied that they will still allow those maps to be used in the 2022 elections. Such a decision would very likely disadvantage Democrats even more.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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McCarthy Warned Far-Right Lawmakers Could Incite Violence After Jan. 6 in New Audio of Leaked Call

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The conversations represent a marked difference from the public efforts of McCarthy and other Republican leaders to downplay their members actions.


Leaked Audio

Four days after the Jan. 6 insurrection, House Minority Leader Kevin McCarthy (R-Ca.) expressed concern about far-right Republicans inciting violence and openly voiced support for censoring them on Twitter, according to audio published by The New York Times on Tuesday.

The recordings, which come from a call among party leaders and aides on Jan. 10, are by far the clearest evidence top Republicans acknowledged that their members played a role in stoking violence before the insurrection and threatened to do so after.

They also emphasize the vast difference between what top Republicans, especially McCarthy, said behind closed doors, and how they downplayed and ignored the actions of their members in public. 

One of the most notable elements of these recordings is that McCarthy and the others explicitly identified several individuals by name. They focused mainly on Reps. Matt Gaetz (R-Fl.) and Mo Brooks (R-Al.) as the primary offenders.

In the audio, McCarthy can be heard flagging Gaetz right off the bat.

“Tension is too high. The country is too crazy,” he added. “I do not want to look back and think we caused something or we missed something and someone got hurt. I don’t want to play politics with any of that.” 

Specifically, McCarthy and the others talked about how Gaetz had gone on TV to attack multiple Republicans for being unsupportive of former President Donald Trump after Jan. 6. They particularly expressed concern over his targeting of Rep. Liz Cheney (R-Wy.), who was a member of the leadership team and had already been facing threats.

Others on the call also noted that Brooks had spoken at the rally before the insurrection, where he made incendiary remarks that many have viewed as direct calls to violence. McCarthy said the public comments from his members “have to stop,” adding he would call Gaetz and have others do the same to tell him that this “is serious shit” and “to cut this out.”

Rep. Steve Scalise (R-La.), the second-ranking House Republican, asserted at one point that Gaetz’s actions were “potentially illegal.” 

“Well, he’s putting people in jeopardy, and he doesn’t need to be doing this,” McCarthy responded. “We saw what people would do in the Capitol, you know, and these people came prepared with rope, with everything else.”

Republicans on the call also mentioned incendiary remarks from other members, including Reps. Louie Gohmert (R-Tx.), Barry Moore (R-Al.), and Lauren Boebert (R-Co.). Cheney pointed to Boebert as a security risk, noting she had tweeted out incredibly sensitive information about the movements of top leaders like House Speaker Nancy Pelosi (D-Ca.) during the attack on the Capitol.

“Our members have got to start paying attention to what they say, too, and you can’t put up with that shit,” McCarthy added later. “Can’t they take their Twitter accounts away, too?”

McCarthy in Hot Water

The newly published recordings also come just days after The Times reported that McCarthy had told members on a call after the insurrection that he would urge Trump to resign.

McCarthy initially called the reporting “totally false and wrong,” but shortly after his denial, The Times received permission from their source to publish audio where he can be heard saying precisely that.

McCarthy, for his part, has tried to spin the situation, claiming that his remarks were still true because he never actually followed through on the plan to call Trump. 

Still, the situation prompted widespread backlash from the far-right faction of the Republican party. 

Multiple people expressed hesitancy about their support for McCarthy as Speaker of the House if Republicans take control of the chamber in the midterm elections. Some said they could not trust him.

Speaking on his show Tuesday, Foxs News host Tucker Carlson called McCarthy “a puppet of the Democratic Party.”

Gaetz also responded with ire, tweeting out a statement in which he referred to the call as “sniveling” and said of McCarthy and Scalise: “This is the behavior of weak men, not leaders.”

Other members mentioned in the call, however, appeared to brush it off. In a statement to Axios, Moore claimed that the story was engineered by “RINOS” (Republicans in Name Only), and that “Republicans will be more united than ever after taking back the House this November.”

It currently remains unclear whether these revelations with pose any long-term threat to McCarthy, but if Trump is any indication of the far-right party line, the House leader may be in the clear.

After The Times published the audio of McCarthy saying Trump should resign, the former president told The Wall Street Journal that the relationship between the two men was untroubled.

“I think it’s all a big compliment, frankly,” he added. “They realized they were wrong and supported me.”

See what others are saying: (The New York Times) (Axios) (The Washington Post)

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