Commentary: Trump’s Toughest Foe Could Be Harris Lawyer Marc Elias

If Donald Trump gets past Kamala Harris on Nov. 5, he’ll likely face a fiercer opponent in court – her campaign attorney, Marc Elias, who has vowed to fight the election outcome in every close state she loses.

The longtime Democratic Party lawyer has already filed more than 60 preelection lawsuits to stop Trump from becoming president again by combatting what he calls Republican “voter suppression” efforts such as requiring voters to provide identification at the polls. Echoing a standard Democratic talking point, Elias maintains that such requirements are “racist” strategies designed to make it harder for minorities to vote.

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During Seminar for Journalists on Election Law, Progressive Knight Foundation Dismisses Anticipated Claims of Election Fraud

Stop the Steal Rally

The progressive Knight Foundation conducted a seminar on September 5 to educate journalists about election law for the upcoming 2024 general election. Co-sponsored with the American Bar Association’s Task Force for American Democracy, the speakers consisted of election fraud deniers, including activists like David Becker of The Center for Election Innovation & Research.

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Emergency Rule Change Temporarily Limits State Bar Complaints Against Attorneys in Arizona

Arizona State Bar

The Arizona Supreme Court, which oversees the State Bar of Arizona (SBA), is considering proposed changes to the SBA, and approved one temporary emergency rule change Friday. The SBA, whose leadership is dominated by progressives, has come under intense criticism in recent years for targeting conservative attorneys, especially election attorneys. The court adopted R-24-0046 as an emergency rule in order to allow it to go into effect temporarily before the 2024 general election. It limits the ability of those who have no connection to a matter to file a complaint against an attorney.

The justices are reviewing 70 total rule change petitions, and will decide whether to adopt, adopt with amendment, reject, or continue a change. Changes resulting from this process will then be referred to a study committee for further consideration. The rule change process began in January, with proposals offered to the public for comment. The justices are expected to make their decisions on all 70 rule change petitions within the next few days. Most rules that are adopted will go into effect in January.

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Progressive Knight Foundation Training Journalists on How to Write About Likely 2024 Election Lawsuits

Heather Gerkin, Bob Bauer, Ben Ginsberg

The progressive Knight Foundation (KF) is providing training to journalists ahead of the 2024 general election on election related legal issues. KF announced in July that the organization would fund election news coverage “primarily in swing states.” It will also provide journalists with “explainers and training …from The Associated Press.”

“One local news organization in each swing state will also receive a grant to serve as an ‘anchor,’ bolstering the distribution of election-related coverage with editorial partners in their state.” So far, most of KF’s grants in Arizona have gone to Arizona State University.

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‘Democratic Superlawyer’ Marc Elias Files Complaint Against Kari Lake’s Attorney, Discusses Targeting Conservative Election Attorneys

Marc Elias

Marc Elias, the controversial election fraud denying progressive election attorney who intervenes in election lawsuits and files bar complaints against conservative election attorneys, filed complaints with attorney regulation in Maryland and Washington D.C. earlier this month against Kari Lake’s attorney Kurt Olsen. Elias, who has been nicknamed a “Democratic superlawyer,” also released a video discussing successes in targeting conservative election attorneys.

Elias’s Democracy Docket stated in a press release on July 12 that Olsen “spread election lies while representing Election Deniers, including Kari Lake, in frivolous election lawsuits.” Gillian Feiner, Senior Counsel at the States United Democracy Center, said in the press release, “Kurt Olsen has abused his law license to spread lies about our elections in the courtroom time and time again, and his pattern of unethical conduct shows he’s not going to stop.”

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Outcomes of the 92 Election Cases from the 2020 Election Reveal That Judges Didn’t Review Evidence or Address Election Fraud, Part 2

The Arizona Sun Times examined the outcomes of the 92 election cases challenging illegalities in the 2020 election and determined that contrary to reports in the mainstream media, almost all of the judges did not consider evidence of election fraud.

This was in large part because the lawsuits didn’t allege election fraud, which is a very specific crime that usually requires a lot of discovery. Lawsuits challenging election outcomes generally cite other laws that are broken, which has long been considered sufficient to overturn elections. Judges issued their rulings in the 2020 cases without getting into the evidence or much discovery.

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Top Election Lawsuits to Watch Ahead of the 2024 Presidential Election

People Voting

There are multiple ongoing or just-filed election lawsuits this year that could have wide-ranging impact on the 2024 elections, as plaintiffs from both sides of the political aisle challenge election laws or applications of them.

In 2020, there were as many as 400 lawsuits brought by both Republicans and Democrats regarding election procedures and laws as election administration was quickly changed during the COVID-19 lockdowns leading up to the presidential election. This year, new election lawsuits are focusing on candidate eligibility, different changes in law, and alleged violation of election laws. All of these lawsuits may greatly impact how the 2024 presidential election will be conducted.

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Candidates Hopeful for Election Challenges After Certification, Since Early Lawsuits Had Less Statutory Backing

The Trump-endorsed slate of candidates in Arizona’s top races who allegedly lost their races have started pursuing legal challenges over what they believe was an election rampant with voter disenfranchisement and suppression. One of the first challenges was turned away on Tuesday as premature, a lawsuit by Attorney General candidate Abe Hamadeh and the Republican National Committee (RNC), but election law attorneys say this should not be taken as a sign that there are no valid grounds to overturn the election. 

Bob Brickman, an election and regulatory attorney in Phoenix, told The Arizona Sun Times while he “understands the strategy of suing now, since fraud really should be challengeable any time, Arizona law is clear that election challenges cannot be brought until five days after after the state has certified the results, which is scheduled for Dec. 5.” 

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Georgia Secretary of State Defends Election Systems, Says Office Investigating Third-Party Voter Registration Organizations

Georgia Secretary of State Brad Raffensperger and Voting Systems Manager Gabriel Sterling discussed the elections and lawsuits in a press conference on Monday. Both men asserted that the latest recount will confirm the election results, that the lawsuits made baseless claims, and that the upcoming runoff elections are their focus.

Raffensperger announced that the latest recount is scheduled to be completed by midnight on Wednesday. He added that his office will be releasing the recount results online.

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Famed Attorney Lin Wood Blows the Doors off Alleged Georgia Vote Scam; Predicts New Election

Attorney Lincoln “Lin” Wood Jr. stated that Georgia may undergo another election if his lawsuit succeeds.

Wood is best known for his work with high-profile clients such as Richard Jewell, JonBenet Ramsey’s parents, Gary Condit, and Kobe Bryant’s alleged victim. Most recently, Wood made headlines for defending teenagers Nicholas Sandmann and Jacob Blake.

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Changes to Pennsylvania Election Laws Followed by Last-Minute Maneuvers May Lead to Historic Mishaps

The Pennsylvania Legislature passed Act 77 in October 2019 to make voting “more convenient and more secure” according to Governor Tom Wolf (D).  

Major features of the act include:

extending voter registration from 30 days before an election to 15 days;
allowing mail-in voting without an excuse to vote mail-in versus in-person;
extending mail-in request (online and by mail) and submission up to 50 days before an election;
extending the mail-in and absentee submission deadline from 5:00 p.m. the Friday before the election to 8:00 p.m. the day of the election.

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