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Old 12-16-2020, 04:46 PM
 
Location: San Diego
18,739 posts, read 7,610,204 times
Reputation: 15007

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People have been bringing lots of suits over exactly that recently. And courts have been tossing the suits out as fast as they come in. Usually it's because "lack of standing".

People in Texas weren't sufficiently harmed by people in Georgia, Pennsylvania, Michigan, and Wisconsin unconstitutionally changing their states' election laws, sometimes at the last minute. States outside of Texas DID (according to this hypothetical) force a new President on Texas, that the country did not vote for.

Elections for President and Vice President are done state by state, by Constitutional command. Theoretically the states should be independent of each other. But unlawful acts by one state can, in certain circumstances, directly effect another state, forcing a President on them that the (legal, legitimate, fully counted) votes of all 50 states did not elect.

How much "harm" (and exactly what kind of harm) do you have to suffer before the courts say you CAN sue, and finally you can bring in your evidence?

Who exactly CAN sue, and on what grounds does anybody have to sue?
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Old 12-16-2020, 04:55 PM
 
19,387 posts, read 6,503,704 times
Reputation: 12310
I’m no lawyer, but I would think that anyone who voted for Trump in a swing state that engaged in fraud would have standing on the grounds that the cheating effectively robbed him of his vote. My fear would be that should he win, all that would happen is that they subtract a Biden vote and give it back to Trump.

I’d like to hear Republican lawyers weigh in.
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Old 12-16-2020, 04:56 PM
 
Location: Sonoran Desert
39,078 posts, read 51,231,444 times
Reputation: 28324
Quote:
Originally Posted by Roboteer View Post
People have been bringing lots of suits over exactly that recently. And courts have been tossing the suits out as fast as they come in. Usually it's because "lack of standing".

People in Texas weren't sufficiently harmed by people in Georgia, Pennsylvania, Michigan, and Wisconsin unconstitutionally changing their states' election laws, sometimes at the last minute. States outside of Texas DID (according to this hypothetical) force a new President on Texas, that the country did not vote for.

Elections for President and Vice President are done state by state, by Constitutional command. Theoretically the states should be independent of each other. But unlawful acts by one state can, in certain circumstances, directly effect another state, forcing a President on them that the (legal, legitimate, fully counted) votes of all 50 states did not elect.

How much "harm" (and exactly what kind of harm) do you have to suffer before the courts say you CAN sue, and finally you can bring in your evidence?

Who exactly CAN sue, and on what grounds does anybody have to sue?
Dozens of lawsuits were filed by RESIDENTS and VOTERS in the subject states in state courts. The cases were heard and rejected for lack of evidence not standing.
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Old 12-16-2020, 04:59 PM
 
34,279 posts, read 19,371,187 times
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Quote:
Originally Posted by Ponderosa View Post
Dozens of lawsuits were filed by RESIDENTS and VOTERS in the subject states in state courts. The cases were heard and rejected for lack of evidence not standing.
I think one was rejected for standing as the person it was on behalf of didn't actually vote in the election. So im not sure it would be residents, I think you would have to actually vote, or be a elector that was impacted. I dont think residency would be sufficient as without voting your couldn't argue impact.
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Old 12-16-2020, 05:14 PM
 
Location: Maryland
7,814 posts, read 6,392,163 times
Reputation: 9974
The only option is for Republicans to start stuffing the ballot box in areas they control. Maybe someone will finally do something when there are hundreds of thousands of votes in small counties.
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Old 12-16-2020, 05:18 PM
 
Location: Long Island
8,840 posts, read 4,805,229 times
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Weird how pubs were fine with laws being changed in states trump won. One GOP lawmaker said that his state joined the amicus brief even though their own changes were the same as some of the swing states.
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Old 12-16-2020, 05:18 PM
 
34,300 posts, read 15,652,035 times
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who exactly WOULD have standing to sue?

Based on what we have seen from the courts, no one !!!

Its shut up and move along we don't want to hear anything on the merits !!!
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Old 12-16-2020, 05:19 PM
 
Location: San Diego
18,739 posts, read 7,610,204 times
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Quote:
Originally Posted by greywar View Post
I think one was rejected for standing as the person it was on behalf of didn't actually vote in the election.
NO residents of Texas voted in the GA, PA, etc. elections. Yet in this hypothetical, they got affected by what happened in those states.
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Old 12-16-2020, 05:24 PM
 
2,949 posts, read 1,355,291 times
Reputation: 3794
Quote:
Originally Posted by phma View Post
who exactly would have standing to sue?

based on what we have seen from the courts, no one !!!

Its shut up and move along we don't want to hear anything on the merits !!!
+1
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Old 12-16-2020, 05:26 PM
 
13,011 posts, read 13,047,890 times
Reputation: 21914
Not a lawyer, but reading the case responses from the various courts gives us some hints.

It depends on what one is suing about. You specified messing with voting machines, or election rules.

It seems to me that the people with standing to sue over voting machines that don't work appropriately would be the jurisdictions using the machines. That might be each county, or the state. There are likely other harmed entities, but I would leave that to actual lawyers to answer. Of course, the entity filing the lawsuit would have to have supporting evidence that the machines did not work correctly, and so far we have not seen anything credible to support that thought.

Election rules is a pretty simple one. The PA case got thrown out because amendment 77 (if I have the reference correct) was passed sometime in early 2019. Many people had standing to sue back when it was passed, including the state representatives who voted to pass it, and then later sued to oppose it. The fact that they didn't bother to sue until it was too late does not alter standing.
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