1. Claims are made without any proof or evidence.
Consider the following:
- Trump team lawyer Jesse Binnall claimed in an interview, "We are going to present evidence of real voter fraud...by 5:00 today. That will be submitted to the court...We have instances, for instance of 40,000 plus people who voted twice in the election. We have data showing that people who were on the record as having voted by mail didn't even receive ballots and say that they didn't vote." In the end, no reliable evidence was provided.
- Rudy Guiliani testified in an Arizona hearing that “a few hundred thousand” of the state’s 5 million “illegal aliens” probably voted. He provided nothing by way of proof to support the claim of fraud, that those perpetrating it were illegal aliens, or the amount of illegal votes.
- Matt Schlapp claimed in a press conference in Nevada that a whistle blower claimed to see a van marked "Biden/Harris" stuffing envelops inside. "The doors of the van were open, ballots were clearly visible, ballots were open with letter openers, and ballots were refilled and sealed in envelopes," said Schlapp. This is my favorite. If that were going on, it would take a good amount of time to complete that process. Why did the "whistle blower" not seek the authorities and report the incident? Why did the whistle blower not pull out his/her phone and take photographs, or video? Additionally, does it make any sense that someone trying to commit fraud in favor of the Biden/Harris ticket would actually have "Biden/Harris" on the van they were committing fraud in?
- Vicki Sutton: "On November the sixth, I checked my voter account and the rest of my family’s, everybody’s vote was there except for mine." This one is particularly interesting, not only in that no evidence was provided, but also the assumption that because her vote was not found, there must be fraud. It excludes all other possibilities that could explain the missing entry.
- The now infamous hearing with Mellissa Carone's testimony is full of claims that were not supported by evidence: "...that poll book is off by over a hundred thousand.", "What about the turnout rate...120 percent?", "Dead people voted.", and "Illegals voted." are just a few of the litany of claims that were presented in testimony without any evidence to support them.
Each of these is a claim. They sound great on the news, but we live in a world where superstition is no longer an acceptable form of evidence. We require proof in all aspects of life, and that burden of proof always rests upon the claimant. The person who claims fraud must prove fraud. It is irresponsible to say, for example, 'I see fraud! Now you prove that fraud didn't take place.' The person making the claim must be the one to back up that claim. And it must be backed up with reliable evidence. Each of the above has been represented in public by someone claiming fraud, and not one of these claims has been backed up with any evidence of any kind.
2. Republicans are openly accepting the results
This may seem trivial, but it is not. When the winner is a Democrat, we would expect Democrats to agree with the outcome. When the loser is a Republican, we expect Republicans to challenge the outcome. But what about the other two possibilities? Would a Democrat challenge the outcome if they are on the winning side? Of course not. That fails common sense. The last possibility is telling, however - If Republicans on the losing side accept the outcome, they have nothing to gain, in doing so. So why do it? I would argue that Republicans who have openly accepted the outcome of the election are doing so because they recognize that this is the right thing to do, and that their loss is legitimate. Here are just a few of the more notables:
- AP quoting AG William Barr: "...to date [1 Dec 2020], we have not seen fraud on a scale that could have effected a different outcome in the election."
- Dean Knudson: "There were no dumps of ballots during the night, none...There is no evidence of any fraud related to Dominion voting machines in Wisconsin..."
- On November 8, former President George W. Bush (2001–2009), the previous Republican president, congratulated President-elect Joe Biden and Vice President-elect Kamala Harris by phone, and said in a statement: 'The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.'
- On November 11, Arizona attorney general Mark Brnovich, a Republican, stated that he had not found any evidence of significant fraud that could change the outcome of that state's result.
3. The evidence that is being presented is faulty
Matt Braynard, a data analyst reviewing data of alleged voter fraud claimed in a Georgia House hearing to have thousands of examples of specific voters who should not have been allowed to cast ballots. A quick search of records by Georgia Public Broadcasting News found registered Georgia voters were included in spreadsheets provided as evidence. Additional review by Bee Nguyen of the same data found in the first 10 records of alleged out of state voters, 8 were Georgia residents, and one was a duplicate.
This is just one example of data presented that, upon closer scrutiny, fails to support the claims of the Republicans.
4. Claims of voter fraud aren't voter fraud
The following have all been presented in hearings in states across the country as testimony:
- Jenna Ellis (in a hearing in Denver, CO): “We don’t know if it’s happened in Colorado,”
Ellis said of widespread fraud. “Wouldn’t you like to find out?”
This is a common trick employed by people who are pushing lies,
without technically lying. They raise a specter of wrong doing
which sounds legitimate, but in fact is baseless.
- A poll worker testifying in Arizona stated that 1) she voted but she doesn't know if her vote actually went to the candidate she voted for 2) a homeless guy voted and 3) the elections worker who was watching a box of ballots looked "frail". So taking these in order, 1) Not knowing something does not constitute fraud, 2) Homeless people have the right to vote, too. 3) Most poll workers are elderly and frail. This is because manning the polls requires a commitment away from the office that people who are still in the workforce often cannot commit to. But being frail does not constitute fraud.
- Matt Schlapp also claimed in the press conference in Nevada that one whistle blower allegedly claimed to have seen a "significant number of signatures on mail-in ballots" that the person believes should have been reviewed but was pushed through, according to an affidavit sent to News 3 by a GOP official. Believing that signatures need review is not evidence of fraud.
5. Their experts witnesses are not reliable sources of truth
- Sydney Powell's secret military intelligence expert witness turned out to be Joshua Merritt, a 43-year-old information technology consultant who failed to complete an entry-level intelligence training program at Fort Huachuca, AZ according to the U. S. Army. “He kept washing out of courses,” said Meredith Mingledorff, citing his education records. “He’s not an intelligence analyst.”
- Jesse Richard Morgan, a truck driver delivering mail for the post office claimed "there was a significant amount of mail -in ballots being shipped from Bethpage, New York [to Pennsylvania]" Jesse is an unfortunate individual with a long history of criminal activity and drug abuse. Common Pleas Judge Stephen P. Linebaugh remarked that a common theme with Morgan in drug treatment court had been “it was never your fault.” He also “constantly lied,” the judge said.
6. Claims of voter fraud are being debunked
- Arizona hearing, Army Lt. Phil Waldron said the Dominion Voting Systems machines used in Arizona could have been hacked or even manipulated at polling places to change the outcome of the election. Meanwhile, a post-election test — comparing a legally mandated sample of hand counted paper ballots with the machine count and witnessed by members of both parties — came up as 100% accurate.
- A review of the video that purportedly demonstrated a suitcase full of ballots in Pennsylvania being pulled from under a table in fact was just one of the many cases used to transport ballots to the center for counting as part of the normal process.
- Republicans claimed they were not allowed into the counting centers to observe the count. This is patently false. When votes are being counted, the board of elections (generally, an office holder responsible for the counting, a Democratic official, and a Republican official) have free access to any part of the rooms. Notice not no one on the election boards is claiming that they did not have access? This is because they did, and claims to the contrary are just lies.
- A social media rumor alleging that 3,239,920 votes were counted in the state of Wisconsin, but only 3,129,000 million voters were registered. As it turns out, the 3,129,000 number came from the 2018 mid-term elections. The rise between 2018 and 2020 was due to the contentious nature of the election, and the counts were legitimate.
7. Legal action forces legal behavior
FOX and Newsmax have repeatedly pushed claims of voting irregularities and outright fraud. Their most recent target was Dominion Voting Systems, a Denver-based electronic voting machine company who's systems were alleged by the news agencies to have miscounted or changed votes. Smartmatic was another. FOX and Newsmax, upon being notified that they were being sued for defamation, aired public statements retracting their claims of collusion, and conspiracy to defraud the voting process. This is a substantial blow to fraud claimants, based upon a very simple principle in civil law. In civil defamation lawsuits, there exists the idea that 'the truth is a defense." In short, this means that if you can demonstrate that your claims are founded in truth, then you cannot be held liable for damages. If the claims being pushed by the right-wing media were factual, there would be no need to issue retractions under threat of litigation
8. The string of failed lawsuits suggests fraud claims are not legitimate
Here is an accounting of the lawsuits filed by the Trump campaign, or other Republican groups regarding election fraud. Their record is 2 wins, 43 losses, 7 withdrawn, and 5 ongoing.
State | Court: Details | Status |
Pennsylvania | 3rd U.S. Court of Appeals: In Bognet v. Boockvar, Republicans argued that the extended mail-in ballot deadline challenged the constitution. | Denied |
Pennsylvania | U.S. District Court, Eastern District: In Barnette v. Lawrence, the GOP lawsuit claimed that Montgomery County wrongly allowed mail-in voters the chance to cure ballots. | Dismissed |
Pennsylvania | U.S. District Court, Eastern District: In Trump v. Philadelphia County Board of Elections, the Trump campaign argued that there was insufficient access by observers. | Denied |
Pennsylvania | U.S. District Court, Middle District: In Pirkle v. Wolf, four voter plaintiffs generalized allegations of fraud, based on complaints issued by third parties. | Withdrawn |
Pennsylvania | Pennsylvania Supreme Court: In response to the Canvass of Absentee and Mail-in Ballots, Republicans claim that Philadelphia did not give election observers enough access. | Denied |
Pennsylvania | Pennsylvania Commonwealth Court: In Hamm v. Boockvar, Republicans claimed that the state wrongly allowed voters to cast provisional ballots to cure invalid mail ballots. | Denied |
Pennsylvania | Pennsylvania Commonwealth Court: Northampton Republicans challenged notifications of votes that were canceled during prescreening. | Withdrawn |
Pennsylvania | Pennsylvania Commonwealth Court: In Trump v. Boockvar, the campaign challenged the three-day deadline extension given to mail-in voters missing identification to supply proof of identification. | Relief granted |
Pennsylvania | Court of Common Pleas, Bucks County: Both the Republican National Committee and the Trump campaign challenged over 2,000 mail-in ballots. | Denied |
Pennsylvania | Montgomery County Court of Common Pleas: In Trump v. Montgomery County Board of Elections, the Trump campaign and the RNC challenged about 600 mail-in ballots that lacked voters' addresses. | Withdrawn |
Pennsylvania | U.S. Supreme Court: In Republican Party of Pennsylvania v. Boockvar, Republicans challenged the extended mail-in ballot deadline. | Active |
Pennsylvania | 3rd Circuit Court of Appeals: In Trump v. Boockvar, the campaign is arguing that different provisional ballot practices violate equal protection. | Denied |
Pennsylvania | Pennsylvania Supreme Court: The Trump campaign appealed a Philadelphia County Board of Elections decision to count five different categories of mail-in and absentee ballots. | Denied |
Pennsylvania | Pennsylvania Supreme Court: In Ziccarelli v. Allegheny County Board of Elections, Nicole Ziccarelli, a GOP legislative candidate, challenged 2,349 undated mail-in ballots. | Denied |
Pennsylvania | Court of Common Pleas for Westmoreland County: Ziccarelli is also challenging a small number of provisional ballots. | Relief granted |
Pennsylvania | Pennsylvania Supreme Court: In Kelly v. Pennsylvania, a group of Republicans, led by Rep. Mike Kelly, claimed that the state's no-excuse mail ballot law violates the state constitution. They sought an order blocking certification of most mail-in votes or that directs the state Assembly to choose the presidential electors. | Denied |
Pennsylvania | Commonwealth Court of Pennsylvania: Metcalfe v. Wolf, repeats claims of voter fraud, alleging that thousands of illegal ballots were cast and that drop boxes for ballots were improperly allowed. | Denied |
Pennsylvania | U.S. Supreme Court: In Texas v. Pennsylvania et al., the state of Texas filed suit against Pennsylvania, Michigan, Georgia and Wisconsin alleging that fraud and mistakes damaged the presidential election in those states. | Denied |
Michigan | U.S. District Court, Western District: In Johnson/Stoddard v. Benson, two Trump supporters made generalized allegations of voter fraud. | Withdrawn |
Michigan | Michigan Supreme Court: In Johnson v. Benson, two Trump supporters made generalized allegations of voter fraud. | Denied |
Michigan | U.S. District Court, Western District: In Trump v. Benson, the campaign claimed that Wayne County denied election challengers proper access to watch election workers handle ballots. | Withdrawn |
Michigan | Wayne County Circuit Court: In Constantino v. Detroit, two Republican poll challengers alleged irregularities in the vote at the TCF Center. | Denied |
Michigan | Wayne County Circuit Court: In Stoddard v. Detroit, the plaintiffs claimed that ballots were improperly duplicated by Democratic Party inspectors. | Denied |
Michigan | Michigan Court of Claims: In Trump v. Benson, the campaign sought to have more poll observers watch the vote count. | Denied |
Michigan | U.S. District Court, Western District: In Bally v. Whitmer, a group of voters disputed election results in three counties based on allegations of voting irregularities and fraud. | Withdrawn |
Michigan | U.S. District Court, Eastern District: In King v. Whitmer, a group of Michigan Republicans asked a federal judge to reverse Biden's victory in Michigan, an outcome that was formally certified earlier this month. | Denied |
Wisconsin | U.S. District Court, Eastern District: In Langenhorst v. Pecore, Republicans made generalized allegations of voter fraud that relied on third-party accounts. | Dismissed |
Wisconsin | Wisconsin Supreme Court: In Wisconsin Voters Alliance v. Wisconsin Election Commission, a conservative group claims that the five cities of Kenosha, Green Bay, Madison, Milwaukee and Racine illegally accepted grants from Facebook CEO, Mark Zuckerburg to improve election systems. They also claim that officials failed to get voter identification for some mail-in ballots. | Denied |
Wisconsin | U.S. District Court, Eastern District: In Feehan v. Wisconsin Elections Commission, former Trump lawyer Sidney Powell is alleging fraud with voting machines. | Dismissed |
Wisconsin | Wisconsin Supreme Court: In Trump v. Evers, the Trump campaign seeks to invalidate mail ballots it claims were improperly included during the canvas in Milwaukee and Dane counties. | Denied |
Wisconsin | Wisconsin Supreme Court: In Mueller v. Wisconsin, the lawsuit claims drop boxes were placed without proper authority and seeks nullification of any ballots placed in them. It accuses Homeland Security's Cybersecurity and Infrastructure Security Agency of leading a propaganda campaign to encourage their use, part of a "treacherous operation to interfere with the presidential election." | Denied |
Wisconsin | U.S. District Court, Eastern District: In Trump v. Wisconsin Elections Commission, the Trump campaign claims that state election officials made ballots and drop boxes available in a manner not allowed by the state legislature. | Dismissed |
Arizona | Maricopa County Superior Court: In Arizona Republican Party v. Fontes, the Republicans sought a hand recount of the ballots cast in Maricopa County by precinct. The GOP does not allege fraud, but it claims that the audit of votes did not meet state law. | Dismissed |
Arizona | Maricopa County Superior Court: In Trump v. Hobbs, the Trump campaign claimed that using Sharpies to fill in mail-in ballots caused an overvote and invalidated ballots. | Dismissed |
Arizona | Superior Court for the State of Arizona: In Ward v. Jackson, Kelli Ward, the chair of the Arizona Republican Party and a Trump elector, alleges misconduct in the elections administration and seeks that the vote certification by Gov. Doug Ducey be annulled. | Denied |
Arizona | U.S. District Court: In Bowyer v. Ducey, involves Texas lawyer Sidney Powell and alleges "massive election fraud" involving Dominion voting systems. These claims are similar to those in other lawsuits. | Denied |
Arizona | Superior Court for the State of Arizona: In Stevenson v. Ducey, the plaintiffs contested the election results. | Active |
Arizona | Clark County District Court: In Election Integrity Project v. Nevada, the plaintiffs claimed that Nevada's vote-by-mail structure is unconstitutional. The suit was filed in September. | Denied |
Arizona | 1st Judicial District Court, Carson City: In Law v. Whitmer, Trump's six electors claimed irregularities, including the improper use of scanning machines to verify signatures. | Denied |
Arizona | U.S. District Court: In Stokke v. Cegavske, the plaintiffs sought to stop the use of automated signature matching in Clark County. | Withdrawn |
Arizona | Nevada Supreme Court: In Kraus v. Cegavske, the Trump campaign, the Nevada GOP and a Republican voter and count-watcher named Fred Kraus sued to stop the use of automated signature matching. | Dismissed |
Arizona | Clark County District Court: In Becker v. Gloria, April Becker, a state Senate candidate, challenged the use of automated systems to match mail-in ballot signatures and the mailing of ballots to all registered voters. | Denied |
Arizona | Clark County District Court: In Marchant v. Gloria, Jim Marchant, a congressional candidate, challenged the use of automated systems for signature-matching and for mailing ballots to all registered voters. | Dismissed |
Arizona | Clark County District Court: In Rodimer v. Gloria, Daniel Rodimer, a state legislative candidate, challenged the use of automated systems for signature-matching and mailing ballots to all registered voters. | Dismissed |
Georgia | U.S. District Court, Northern District: In Wood v. Raffensperger, an Atlanta lawyer and Trump supporter sought an injunction to prevent a statewide canvass, arguing that a consent decree wrongly imposes an invalid procedure to verify voter signatures. | Denied |
Georgia | U.S. District Court, Northern Division: Pearson v. Kemp makes many of the claims alleged by Texas lawyer Sidney Powell, including that voting machines made by Dominion Voting Systems allowed Democratic officials to fraudulently add votes for Biden. | Dismissed |
Georgia | Fulton County Superior Court: In Wood v. Raffensberger, a conservative group is behind a lawsuit claiming that thousands of illegal votes were counted and that funds contributed by Mark Zuckerberg tainted the election. The suit seeks to invalidate the presidential election results. | Denied |
Georgia | Fulton County Superior Court: In Boland v. Raffensperger, the plaintiff claims more than 20,000 ballots were cast by non-residents and that counties did not properly screen mail ballot signatures. Seeks an audit or, if none is granted, decertification of the election results. | Denied |
Georgia | U.S. District Court, Southern District: In Brooks v. Mahoney, four Republican voters claimed that a voting machine software glitch caused a miscounting of votes. | Dismissed |
Georgia | Chatham County Superior Court: The Georgia Republican Party and the Trump campaign sought a reminder that mail-in ballots arriving late would not be counted. | Dismissed |
Georgia | Fulton County Superior Court: Boland v. Raffensperger claims more than 20,000 ballots were cast by non-residents and that counties did not properly screen mail ballot signatures. The complaint seeks an audit or, if none is granted, decertification of the election results. | Denied |
Georgia | Fulton County Superior Court: In Trump v. Raffensperger, the Trump campaign and a Trump electorclaim thousand of ballots were cast by ineligible voters. | Dismissed |
Minnesota | Minnesota Supreme Court: In Kistner v. Simon, several Republican candidates make generalized claims of voting irregularities. The lawsuit sought to block the state's certification of votes until an audit of the returns could be completed. | Denied |
Minnesota | Minnesota District Court, 2nd Judicial District: In Quist v. Simon, the plaintiffs claim the secretary of state created procedural changes that made the ballot counting process "overly broad, arbitrary, disparate and ad hoc." | Active |
Minnesota | Minnesota District Court, 2nd Judicial District: In Jensen v. Simon, the plaintiffs seek to contest election results under the claim that invalid votes were counted. | Active |
Minnesota | U.S. District Court: In Trump v. Toulouse Oliver, the Trump campaign claims the secretary of state allowed ballot drop boxes without legislative authority. The plaintiffs ask the judge to void Biden's elector certificate and "remand to the state of New Mexico legislature pursuant to appoint electors." | Active |