Provides details on legal challenges to election
In response to Stan Boden and so many others who are under the false impression — no that is too faint a phrase — deeply entrenched delusion — that the current president won the 2020 election through fraudulent voting practices; I would like to voice facts about the actual legal actions that have played out in the US courts since November.
In his letter to the editor, Mr. Boden states, “Election laws were changed just prior to the election by parties not allowed to do so by the U.S. constitution.” This is false. These laws in Pennsylvania, Arizona, and other contested states, were in fact changed months, if not years prior to elections and by, in most part, by Republican legislatures, Secretaries of State and Governors. The laws were also on the books when these same Republicans ran for office and won in those states. It was only until the president lost that the laws were challenged. Contesting these laws after the election, as opposed to when they were put on the books is what is illegal (laches is the term for it). Laws are not applicable only when they benefit you or your political side. They apply to everyone, all the time and cannot be challenged when they no longer fit your agenda.
Mr. Boden goes on to say courts refused to hear challenges, not due to lack of evidence, but due to standing or procedure, refusing to allow evidence to be presented. Again, this is false. To date, 62 lawsuits have been filed in 12 states heard by nearly 100 judges from across the political spectrum, many appointed by the president himself. Hundreds of briefs, thousands of billed hours, weeks in courts, and untold millions of dollars in tax dollars spent on proving election fraud. To what end? Sixty-one cases lost — not all due to standing or procedure — but on merit and law. But it was not a total wash for the president. The Supreme Court of the United States handed the president his one victory, saying in part of one suit that mail-in votes cast in Pennsylvania did have to have the inner security envelope included and intact. This ruling effectively threw out 1000 votes in that state. Reading through the cases, which are available through many non-partisan sources online (Thanks, American Bar Association!), you see that most were dismissed due to lack of evidence. The courts heard no evidence because there was no evidence. This is not a grand conspiracy. This is how the legal system works. Cases were brought. Cases were heard. Cases were lost based on evidence that was lacking or did not exist. The day in court was had, 62 times, and is now over.
Let’s not forget those cases that were dismissed due to standing though, because this is an important legal argument as well. Standing is who has a right to bring suit in a particular matter. In elections for instance, a plaintiff from Missouri cannot file a lawsuit against the State of Pennsylvania saying they unfairly ran their elections. Ironic when you must remind Republicans about state’s rights to run their own elections. The same is true in the Senate and certifying of electoral votes. Senators from the contested states voted to certify their own electoral votes (kudos to outgoing Senator Loeffler for changing her mind and rightfully certifying her state’s elections after the insurrection.) It was Senators from other states who contested Biden’s win. Where is the “don’t tread on me” crowd now? Where is the outrage of another government trying to dictate the fair and legal outcome of a state’s election? How can the hypocrisy of this moment be lost on so many?
Time and again, empty accusations are made, press conferences are held, rage is incited, then when the reality is finally revealed the noise of false reality is too loud to undo any of the damage. The 45th president has repeated this cycle of incitement over and over again until his most fervent supporters know nothing but the fear and hate of his darkest intentions. Unfortunately, we have plenty of evidence of that.
Sarah McAnally
Columbus
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 43 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.