Election Case Tracker: Judge Rejects RNC Bid to Halt Absentee Ballot Count

A federal judge rejected a bid by the GOP to halt the counting of absentee ballots in seven of the Georgia’s 159 counties delivered by hand over the weekend and through Election Day.

The lawsuit sought to halt the counting of hand-delivered absentee ballots in Democratic-leaning Fulton, DeKalb, Cobb, Gwinnett, Athens-Clarke, Clayton, and Chatham counties.

US District Judge R. Stan Baker ruled Tuesday that the RNC failed to make a persuasive case that he should reject the ballots, which he said were properly submitted under Georgia law. He said that a federal judge should not alter an election “on the eve of an election,” as the GOP sought.

Baker launched a blistering attack on the request for an injunction, which he said had “no likelihood of success under the law at all.”

Baker, who was appointed to the bench by President Donald Trump, said that ruling for the Republicans would deny many people the “precious right to vote” that they had already exercised by casting ballots. The RNC and Georgia Republican Party, he said, were “patently inviting me to tip the scales of this election” against voters “based on their past political preferences.”

The judge also read the beginning of the lawsuit and said: “That parade of horribles is factually and legally incorrect.”

The case is Republican National Comm. v. Mahoney, S.D. Ga., No. 24-cv-248, 11/5/24.

—David Voreacos (Bloomberg News)

Arizona Voting Machines

A judge in Maricopa County rejected a bid by the county Republican Party to block officials from using voting systems that the party contends didn’t comply with state rules to secure access passwords. The county maintained it was complying with state law.

In an order posted Tuesday, Superior Court Judge Scott Minder wrote that the GOP’s delay in bringing the case, which was filed on Oct. 29, was “substantial and unjustified.” Imposing changes now could, at worst, cause “extraordinary” problems with vote counting, the judge wrote.

Dennis Wilenchik, a lawyer for local Republicans, said in an email that the judge “did what he thought best and I have no issue with it.” He said, however, that they would continue to pursue the issue in court.

The case is Mariopa Cnty. Republican Comm. v. Maricopa Cnty., Ariz. Super. Ct., No. CV 2024-030770, 11/5/24.

—Zoe Tillman (Bloomberg News)

Michigan Software Glitches

A Detroit lawyer who promoted unproven fraud claims after the 2020 election with other pro-Trump attorneys—and who is facing criminal charges for allegedly misusing voting data and accessing equipment—is back in court. Stefanie Lambert filed three cases on behalf of Michigan township clerks who sued Secretary of State Jocelyn Benson (D) over alleged problems with election software.

The complaints are seizing on an issue Benson’s office highlighted last month that affects the ability of those using touch-screen terminals to vote a split ticket. One of the clerks is seeking reinstatement after he was banned from administering an election after he said that he would conduct a hand count because of the glitch.

Another case seeking to prevent Benson’s office and those working with it from interacting with voting machines in her township was dismissed.

The cases are Olson v. Benson, Mich. Ct. Cl., No. 24-000181-MB, 11/5/24; Schierkolk v. Benson, Mich. Ct. Cl., No. 24-000182-MB, 11/5/24; and Beaudet v. Benson, Mich. Ct. Cl., No. 24-000183-MB, 11/5/24.

—Eric Heisig (Bloomberg Law)

Pennsylvania Vote Counting

A Pennsylvania state court judge on Tuesday ordered a Washington township election official to perform a vote count as specified by law and not with a hand count or manual tabulation.

If the official, Vincent Manetta, doesn’t comply, the judge directed the sheriff to escort a poll worker and the election materials from the precinct to the election bureau of Fayette County, south of Pittsburgh.

The order comes after the county election director filed an emergency petition claiming Manetta told officials he intended to hand-count or audit votes for each presidential candidate after polls close, even after being told he was not allowed to do so because it violated state law. Contact information for Manetta was not immediately available.

The case is In re: General Election 2024, Fayette County Court of Common Pleas, No. 2328-2024, order issued 11/5/24.

—Steve Stroth (Bloomberg News)

The 2024 Presidential Election Case Tracker will resume Nov. 6 with the latest on legal challenges and the 2024 election.