Democrats are already shifting their attention to post-campaign legal wrangling, vowing to fight President Trump in court amid potential battles over recounts and late-arriving mail-in ballots.
Reminiscent of previous Democratic legal action when margins are razor-thin or unclear, going back to the indecision in Florida in 2000, Democrats say their goal in upcoming court cases is to ensure every vote legally cast is counted. The party’s effort is not limited to the Biden campaign. At the direction of House Speaker Nancy Pelosi, the Democratic Congressional Campaign Committee is poised to take aggressive legal action officials claim might be forced by Trump.
“We know that our key races in the battlegrounds are going to come down to the wire,” DCCC Chairwoman Cheri Bustos told reporters Tuesday. “In many cases, we are already preparing for extended counts and any potential recounts. So, we want to remind folks of some simple words to live by, and that is: We must hear every voice. We must count every vote.”
Additionally, beginning Wednesday, liberal activists are planning to stage protests outside the White House and at other locations around Washington to “protect” the election results from any so-called shenanigans by Trump. “Lots of people are going to go straight from GOTV to rallying to count the votes and swear in a new government,” Democratic operative Aaron Huertas tweeted.
Democrats blame their aggressive court strategy on Trump. The president has said his campaign would “go in with our lawyers” to challenge the validity of mail-in ballots received after Election Day, including in battlegrounds North Carolina and Pennsylvania. Both states count late-arriving ballots if postmarked by Tuesday.
“We’re going to match [Trump’s lawyers,] I assure you, and exceed them in quality and vigor and will protect the vote,” Bob Bauer, an election lawyer for the Biden campaign, said Monday in a video conference call with reporters.
The counting of mail-in ballots is expected to last up to several days past Tuesday. If the race between Biden and Trump is close and obviously undecided, the action in court between the two campaigns could be furious as both jockey for position in an attempt to influence the legal parameters under which the counting occurs.
Democrats and Republicans have been brawling in court for several months.
The Democrats sought to loosen restrictions on voting broadly. But they placed a special emphasis on trying to convince state and federal judges to reduce the steps required to cast a mail-in ballot, used predominantly by Democratic voters out of fear of catching the coronavirus at polling places. In most of those cases, the Republicans were on the other side, arguing existing regulations were critical to preventing fraud and protecting the integrity of the vote.
In some swing states, such as Michigan, Minnesota, and Wisconsin, Republicans were successful in court at ensuring Election Day was the final day for mail-in ballots to be received. But the Democrats prevailed In North Carolina, which will count mail-in ballots that arrive as late as Nov. 12 — and Pennsylvania, which will count mail-in ballots received as late as Friday. In both states, ballots must be postmarked by Tuesday.
Trump said Democrats are trying to change the rules because they cannot win otherwise. “I don’t think it’s fair that we have to wait a long period of time after the election,” he said two days before Election Day. “Should’ve gotten their ballots in a long time before that. Could’ve gotten their ballots in a month ago. I think it’s a ridiculous decision.”
