- Georgia’s secretary of state said there will be a statewide recount because of the razor-thin margin between President Donald Trump and his Democratic challenger, Former Vice President Joe Biden.
- Biden took the lead in Georgia and Pennsylvania early Friday as he pushes closer to the 270 electoral votes he needs to claim victory.
- Trump has already announced his desire for a recount in Wisconsin, though the 20,000 vote deficit between Trump and Biden will be difficult to overcome.
- Few recounts in the last 50 years have led to changes in the winners. In Pennsylvania, Georgia, Michigan, North Carolina, Nevada, and Arizona — key states in this year’s race — no statewide recount has led to a change in the winner for at least 20 years.
A Tight Race in Georgia
Democratic Presidential nominee Joe Biden took a narrow lead over President Donald Trump in Pennsylvania and Georgia early Friday, putting Biden closer to the 270 electoral votes needed to win the presidential race. However, Georgia’s secretary of State Brad Raffensperger (R) told reporters later that morning that the state would head to a recount because of just how close the margin between them is proving to be.
“Right now Georgia remains too close to call. Out of approximately 5 million votes cast we’ll have a margin of a few thousand,” Raffensperger said. “With a margin that small, there will be a recount in Georgia.”
“Interest in our election obviously goes far beyond Georgia’s borders. The final tally in Georgia at this point has huge implications for the entire country.”
Candidates must be within half a percentage point of each other to trigger a recount in the state, and as of the morning, Biden had pulled ahead by just over 1,500 votes.
“Everything’s going to have to be investigated to protect the integrity of the vote,” Gabriel Sterling, the Georgia’s Voting System Implementation Manager, told reporters that same morning.“We are literally looking at a margin of less than a large high school.”
Still, officials noted that there are 4,169 mail ballots that need to be counted, with the majority of those coming in Gwinnett County, in Atlanta’s suburbs. On top of that, the state has until Friday to receive overseas and active military ballots that were postmarked by Election Day, and voters have until then to fix any mistakes on absentee ballots that were marked as deficient. There are also some outstanding provisional ballots, according to Politico.
Sterling emphasized that the count would be thorough and transparent, pushing back against false claims from the president and his base about ongoing fraud. “We’re not seeing any widespread irregularities,” he said.
A formal recount challenge will likely not be made until later in November as results continue to trickle in. Such a request must be made within two days of results being certified. As of now, the state certification process is set to be finalized by Nov. 20.
Winning Georgia’s 16 electoral votes will be an important feat for Biden. Trump won Georgia by 5.7 percentage points in 2016, and Republican presidential candidates have carried Georgia in every election since 1992, when Democrat Bill Clinton was victorious there.
What Recount Rules Look Like in Other Key States
Thin margins like that in Georgia could open up the possibility of recounts in other states as well. In fact, the Trump campaign has already signaled that it would request a recount in Wisconsin, where Trump trails behind Biden by around 20,000 votes. Many news outlets have already Biden the apparent winner.
In Wisconsin, a candidate can request a recount if the margin is less than 1%. The request must be made no later than 5 p.m. on the first business day after the state has received final results from the state’s counties.
If that recount is at all similar to past Wisconsin recounts, experts and even other Republicans admit that the vote deficit will be tough to overcome.
When Wisconsin conducted a statewide recount in 2016, after Trump beat Hillary Clinton by more than 20,000 votes, the recount netted Trump 131 votes.
Another key state in the race for president is Pennsylvania, where Biden is leading by over 12,000 votes. Over 124,000 mail-in ballots have yet to be counted.
If Biden wins Pennsylvania’s 20 electoral votes, he doesn’t need any of the other states he’s leading in to reach 270. Trump, on the other hand, cannot find a route to 270 electoral votes without Georgia and Pennsylvania.
As far as recounts laws go, Pennsylvania Secretary of State Kathy Boockvar is required to order a recount if the winning margin is 0.5% or less. The recount would need to be ordered by 5 p.m. on Nov. 12 and completed by Nov. 24.
A recount can also be triggered in each county if requested by three voters, according to the Washington Post.
Alaska, Arizona, Nevada, and North Carolina have yet to be projected. Trump is ahead in both North Carolina and Alaska, with most expecting that to remain the case. Though, it is worth noting that North Carolina will accept mail-in ballots that arrive through Nov. 12, and the race is not likely to be called until then.
Alaska may be one of the last to be called as well because officials there won’t even begin counting mail ballots, or early in-person ballots cast after Oct. 29, for another week.
Meanwhile, Biden holds a lead in Nevada by around 22,000 votes. There, the Trump campaign filed a lawsuit alleging that votes have been cast by deceased people and nonresidents. Election officials in Nevada have denied those claims.
It is unclear when vote count totals will be high enough to award the state’s six electoral votes since the state is still counting and will accept mail-in ballots received through November 10, as long as they were postmarked by Election Day.
If either candidate wants a recount there, Nevada will not launch it automatically. Instead, the state allows defeated candidates in any election to request a recount, no matter the margins. The deadline to request a recount is no later than three business days after the canvass of the vote. The candidate requesting a recount must also be willing to put down a deposit to cover the estimated cost of the recount.
That deposit will only be returned if the candidate requesting the recount ends up winning the race after it.
Biden has also maintained a lead in Arizona over the last few days, with Fox News and the Associated Press already declaring him the winner there. Meanwhile, Trump’s supporters have made baseless voter fraud claims there as well, encouraging the state to keep counting votes in hopes that their candidate can pull out a win.
Those calls are a sharp contrast to those from Trump supporters in Michigan, who called for counting to stop after seeing Biden’s lead grow with mail-in ballots.
It should be noted that all the ballots being counted are valid ballots and any decision to not count them would be both unprecedented and undemocratic.
In Arizona, state law requires a recount when the margin between the top two candidates is equal to or less than one-tenth of 1% of the total number of votes cast. However, Secretary of State Katie Hobbs (D) told ABC News on Thursday morning that she did not anticipate that a recount would be necessary.
“Our recount margins are very narrow,” she said. “I don’t think we’re going to get to that territory.”
Biden is currently leading with over 43,000 votes.
Most news organizations have already declared Biden the winner since Wednesday, with a roughly 150,000-vote lead.
Michigan state law requires a recount be conducted automatically if the margin between two candidates is 2,000 votes or less.
A candidate can also petition for a recount if he or she alleges fraud or a mistake and “would have had a reasonable chance of winning the election.” The petition must be filed within 48 hours of the count’s completion.
A judge in the state has already dismissed a Trump campaign lawsuit which alleged their election inspectors did not have proper access to observe the counts in Michigan. The judge argued it was basically moot because most of the ballots have already been counted.
Could a Recount Flip a Key Battleground? Probably Not
Though many expect Trump to seek some recounts as his paths to victory disappear, experts argue that recounts likely won’t make a difference in a statewide election. According to NBC News, few recounts in the last 50 years have led to changes in the winners.
In Pennsylvania, Georgia, Michigan, North Carolina, Nevada and Arizona — key states in this year’s race — no statewide recount has led to a change in the winner for at least 20 years.
See what others are saying: (NBC News) (Politico) (The Washington Post)
Biden Calls on Congress To Extend Eviction Moratorium
The move comes just two days before the federal ban is set to expire.
Eviction Freeze Set To Expire
President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.
The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.
While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.
In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress.
“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said.
“Unfortunately, the Supreme Court has made clear that this option is no longer available.”
Delays in Relief Distribution
The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.
Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.
A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires.
The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape.
Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.
According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 — including New York — had not spent any funds at all.
Slim Chances in Congress
House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.
However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.
While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.
Some Senate Republicans have already rejected the idea.
“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”
With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.