Trump’s options dwindle as safe harbor deadline looms

President Donald Trump’s effort to snatch a second term through a series of state and federal court challenges has been flaming out for weeks. Now, the calendar has all but extinguished it.

Dec. 8 is the so-called “safe harbor” date for the presidential election, a milestone established in federal law for states to conclude any disputes over the results. Trump’s failure to gain traction in litigation, with his lawyers and allies failing to block crucial states from declaring Joe Biden the winner, means the safe harbor deadline stands as another potentially insurmountable reason for the courts to decline to intervene.

Trump’s legal team publicly says the safe harbor deadline is meaningless and they’ll simply disregard it. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. But the campaign’s legal filings tell another story, as Trump’s lawyers pressed courts for urgent action ahead of the deadline midnight on Tuesday and warned of irreparable consequences if they don’t. Continue reading.

Supreme Court rules states can penalize faithless electors

Axios logoThe Supreme Court unanimously ruled Monday that states can penalize faithless electors, the members of the Electoral College who do not support the winner of their state’s popular vote in a presidential election.

Why it matters: The 2016 presidential election saw 10 electors vote for someone other than their state’s chosen candidate — highlighting how faithless electors could have the potential to swing an election.

  • 32 states and Washington, D.C. require their electors to cast their Electoral College votes for the winner of their respective statewide popular vote.
  • Before 2016, a modern presidential election had never seen more than one faithless elector — prompting states to move ahead with their legal challenge.

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