Claims that Election Is "Free and Fair" Accompany Trump LawsuitsAs key states, including Michigan, Pennsylvania and Nevada, certified their election results on time, more lawsuits are being filed on grounds the election was a fraud. Various state elected officials, Republican and Democrat alike, such as those in Georgia and Pennsylvania, are saying they were "free and fair." The Republican Secretary of State in Georgia, who conducted an additional hand recount, said "I want 100 per cent of the people to understand that the process was fair and accurately counted." Both those claiming fraud and those saying counts were fair say they are defending democracy for the people.
On November 25, a new lawsuit in federal court was brought by a group of Michigan Republicans, including three from Trump's slate of electors for the Electoral College. It asks a federal judge to set aside mail-in ballots and that all electors for the State of Michigan be disqualified from counting toward the 2020 election. On November 26, a conservative legal group asked the Michigan Supreme Court to take custody of all November 3 election materials to give the Michigan Legislature time to audit the results, investigate all claims of ballot irregularities and fraud. The lawsuit asked the court to stop state Secretary of State and the Board of State Canvassers from giving final certification to the state's election results until a special master can be appointed to review alleged ballot irregularities and the legality of absentee ballots in Wayne County. Both suits are an indication of Trump's efforts to block the seating of electors while also promoting the election as a fraud. In this manner the ground is being laid for federal intervention in election law, as also occurred after the 2000 Bush/Gore election dispute. At that time the Help America Vote Act concentrated power, particularly voter rolls and eligibility, in the state Secretaries of State. Such intervention today would likely increase federal control, potentially including a direct vote for President with voter rolls, eligibility and counting of votes controlled by the federal government. This then further concentrates power in the Office of the President, weakens the role of states and further removes any say from the people. Trump's refusal to concede the election and his claims that the election was a fraud also position him to pursue such reforms and have backing for it at the federal level. On November 24, both Pennsylvania and Nevada certified their votes. Nevada's had already been certified by their county-level canvassers. On that day, the state Secretary of State confirmed certification before the Nevada Supreme Court, which then verified the certification. In Pennsylvania, the state Secretary of State certified the vote from 67 counties and affirmed Biden's win. The Governor then signed a "Certificate of Ascertainment," which certifies the slate of electors for Biden. Governor Tom Wolf went out of his way to thank election officials who "have administered a fair and free election during an incredibly challenging time in our commonwealth and country's history." On November 27, a three-judge federal appeals court panel dismissed one of Trump's lawsuits which called for setting aside 1.5 million mail-in ballots and blocking the seating of Pennsylvania's electors. Trump is appealing the ruling to the Supreme Court. The three judges on the appeals court were all appointed by Trump. They found it necessary to say there was no fraud and tried to provide legitimacy to the vote: "Voters, not lawyers, choose the president," the ruling said. "Ballots, not briefs, decide elections. The ballots here are governed by Pennsylvania election law." They added, "Free, fair elections are the lifeblood of our democracy," saying further that "charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here." Similar suits in Michigan, Georgia, Nevada and Arizona, have also failed. In Arizona a fifth lawsuit was filed November 25 by the head of the state Republican Party, also asking that certification of the slate of Biden electors be nullified and the election set aside. Mail-in ballots are again being targeted. Arizona's counties all certified their votes November 23. The state certification does not take place until November 30. It involves the state Attorney General, the Governor and Chief Justice of the Supreme Court who need to confirm results presented by the state Secretary of State.
However the vote is counted, it is not a reflection of the sentiments and stands of the people and their solutions for problems. These are represented in their demands for control of policing, health care and budgets, expressed in many demonstrations, petitions, webinars and through other means. Vigilance is required going forward concerning efforts at the federal level, using the presidential election, to further remove the people from a say in deciding the direction of the country and to block the drive for a democracy that empowers the people to govern and decide. Voice of Revolution is a publication of the U.S. Marxist-Leninist Organization. (Photos: VOR, A. Azikiwe)
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On November
23, Michigan officially certified its results,
with the four-member State Board of Canvassers
voting three in favour and one abstention, a
Republican. Based on the certification, the
Michigan Governor certified the slate of electors
for Biden. At the same time, the State Board of
Canvassers joined calls for an audit of the Wayne
County vote, which includes Detroit, and election
reforms. The Michigan Legislature is already
holding hearings concerning the 2020 vote and
future reforms.
While all
sides are claiming to defend democracy, what gets
left out is the fact that the people do not decide
the candidates, do not decide the election
process, do not have a role in debating the
problems and solutions and do not decide the
outcome, as the certification process has shown.
It is a situation where Trump, Biden and the
courts are all striving to hide the fraud of an
election process riddled with inequality, designed
to disempower the people.