Attorney says Trump must have tangible evidence for legal claims against election

Reporter: Sydney Persing Writer: Jack Lowenstein
Published: Updated:
Credit: via WINK News.

President Donald Trump is calling into question the integrity of votes and the counting of them in major swing states. As votes continue to be counted, the president has threatened legal action.

Under the law, no one can invalidate an election, including President Donald Trump and Democratic nominee Joe Biden.

“You don’t invalidate an election,” Attorney Pamella Seay said. “You don’t toss it out. There is no do-over with an election. You look at the votes and either they count, or they don’t.”

Seay, with FGCU’s justice studies department, believes there are actionable issues the president might be able to argue, but their evidence must be tangible.

“Let’s say for example they had to be postmarked by a certain date and they were not, or they had to be received by a certain date and there were not, or they were allowed to get in line before the polls closed,” Seay explained. “There are a lot of different manners in which you can challenge those types of things.”

Those challenges start in state courts. Judges in Michigan and Georgia have already dismissed Trump campaign challenges. The Pennsylvania lawsuit remains.

“If it is not successful there, on one side of the other, then, it can go to the U.S. Supreme Court,” Seay said.

Tension is high. The reporting of numbers is slow. But Seay stressed it makes no difference how many challenges the president lodges, how many lawsuits he files.

“Statutorily and constitutionally, we need to have a new president by January, so it’s gotta be done,” Seay said.

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