INDIANAPOLIS — President Donald Trump told his supporters early Wednesday morning he would call on the Supreme Court to attempt to stop ballot counting, citing the need for more transparency as the ballots are counted.
“So, we’ll be going to the US Supreme Court,” the president said during his election event. “We want all voting to stop. We don’t want them to find any ballots at 4:00 in the morning and add them to the list, okay? It’s a very sad moment.”
Every state has its own election law. Gerard Magliocca, Samuel R. Rosen Professor at IU McKinney School of Law, said typically cases involving a vote count in a state go to the state’s court.
“If the president doesn’t get what he wants in a particular state court or state, he can always try to get emergency relief from the Supreme Court,” Magliocca said. “Now, I think they’re going to be very reluctant to get involved.”
Magliocca explained the Supreme Court might be reluctant to get involved because an election is a divisive place for the justices to land.
“Because half of the country will be really angry at them no matter what they do,” Magliocca said. “They only want to do that if absolutely necessary, and the example of Bush vs. Gore is in the minds of some of them who are on the court when Bush vs. Gore was decided.”
The Trump Campaign has filed lawsuits to stop ballot counting in Georgia, Michigan and Pennsylvania. The campaign says a Republican poll observer in Georgia saw 53 late absentee ballots added illegally to on-time absentee ballots.
Georgia’s state law requires ballots be received by 7:00 p.m. on election day to count. The Georgia lawsuit asks a judge to ensure state laws regarding absentee ballots are being followed.
In Michigan and Pennsylvania, the campaign requests more access to where the ballots are being processed and counted. The campaign also requests to review the ballots already open and processed.
Democratic Candidate Joe Biden said Wednesday the vote counting should continue in all states.
“Now, every vote must be counted,” Biden said. “No one’s gonna take our democracy away from us, not now, not ever.”
In Wisconsin, the president has requested a recount after he trailed Biden by less than one percent.