November 3 - Winner Still Unclear as of Midnight

Summary: As of midnight November 3, America’s Presidential election remains unresolved, with some voters still waiting in line despite curfews in major cities.  High voter turnout and large margins in deep blue states such as California and New York mean Biden is almost certain to win the popular vote by a large margin.  The consensus electoral map shows Democrat Joe Biden winning thus far, 151 electoral votes to 121 (see graphic), but as none of the “swing states” have been called by a major news network, it may be several days before there is a clear result.  Across the country, in-person voting experienced difficulties thanks to inexperienced poll workers, IT issues, and alleged incidents of violence and intimidation, by both independent “neighborhood watch” groups and heavily armed federal law enforcement officers.  In several states the current margin of victory is less than the tens of thousands of absentee ballots yet to be counted.  Both campaigns released statements alleging voter suppression and vowing to vigorously contest results in court.  End Summary

 

“Neighborhood Watch” Groups Allowed to Continue Poll Watching

 

In the last week alone, Democrats went to court in twenty-six states seeking to halt what they claim were coordinated efforts by “Neighborhood Watch” groups to deploy a network of poll watchers hunting for voter fraud, but which Democrats allege are actually intended to deter and intimidate voters.  The Republican Party and the Trump Campaign denied they were involved with the well-funded effort - which appeared only in the last few weeks of October- although President Trump tweeted in support of their actions.

 

After a Arizona judge originally agreed to an injunction against the group, Ninth Circuit Court of Appeals Judge Lawrence VanDyke issued a stay of that order, writing he was unwilling to “impose prior restraint on protected 1st Amendment activities.”  He extended his order to cover all currently pending cases against poll watching groups within the Ninth Circuit, which covers most of the western United States.  Judge Lisa Branch issued a similar order in the Eleventh Circuit.  Both are recent Trump appointees.

 

Turning Points USA President Charlie Kirk denied reports local chapters of his group were affiliated with the Neighborhood Watch groups, telling One America News (OAN) that “while I support this patriotic work, I can’t claim credit for it.  Nevertheless, all true Americans should worry about the integrity of this election.  If every able bodied proud patriot shows up in the streets to show our strength, Antifa won’t be able to steal this election.”

 

President Trump retweeted the clip of Kirk on OAN, and suggested they specifically deploy to Chicago, Philadelphia, Detroit, and Baltimore as these cities with “liberal Democrat Mayors” were more susceptible to voter fraud. Philadelphia district attorney, Gary Kohl, said that as of mid-morning his office had investigated 68 complaints about voter intimidation, broken machines or other problems, a number consistent with the past three presidential elections, but all had proven unfounded.

 

A senior official at the U.S. Department of Justice said the federal government “welcomed the help” the Neighborhood Watch groups were providing, noting the DOJ deployed fewer elections observers in this election than previous presidential elections.  On the record, Attorney General William Barr declined to say how many federal government observers were dispatched, “elections are a local issue, and we think it is about time that Federal government stopped second guessing local officials when they do not like the result.  That being said, we are investigating allegations of domestic terrorist attempts to dissuade people from exercising their constitutional rights on Election Day,” but refused to comment further on “an ongoing investigation.”

 

Malfunctions and Curfews Delay and Deter Voting in Texas and other Key States

 

In Texas, computers used by election clerks malfunctioned at polling places in Harris, Dallas, Bexar, Travis, El Paso, Hidalgo and Fort Bend counties- which, thanks to their large cities are known as the “blue spots” in otherwise deep red Texas.  All are places carried by Hillary Clinton in 2016.  Initially, clerks thought the problems were local to their polling places and sent voters to other polling locations to cast their vote; however when some of those people returned, they turned to back-up paper ballots, but quickly ran out.  Elections officials rushed to print more emergency ballots but as of midnight, thousands of people were still waiting in line and an unknown number of people had simply given up. 

 

Amid continued unrest, Texas Governor Greg Abbot renewed a Disaster Declaration on Sunday that he said was intended to protect poll workers and maintain order. “As protests have turned violent in various areas across the state, it is crucial that we maintain order, uphold public safety, and protect against property damage or loss,” Abbott said in a statement Sunday announcing the statewide disaster declaration. “By authorizing additional federal agents to serve as Texas Peace Officers we will help protect people’s safety while ensuring that peaceful protesters can continue to make their voices heard.”

 

Heavily armed men dressed in camouflage with patches indicating they were part of Customs and Border Protection (CBP) and the Border Patrol were reportedly stationed near voting sites in several Texas cities and small towns near the border.  Abbot’s order included a statewide curfew, although it exempted people waiting in line to vote.  The Texas Democratic Party filed suit alleging the tactics were designed to suppress minority voting, and that regardless of whether or not there was an exception for voters the order out have a chilling effect.  Trump appointed judge Charles Eskridge III ruled against hearing the case, and the Fifth Circuit Court - commonly judged to be the country’s most conservative appeals court - refused to hear an appeal.  Several other cities imposes similar curfews, which were allowed to proceed as long as they included an exception for voters.

 

In Florida, the entire election IT system crashed, leading elections officials to turn to paper ballots there as well.  Small precincts, mostly in rural areas or affluent neighborhoods, reported experiencing few issues but areas with higher population density saw long lines.  Florida Secretary of State Laurel Lee, appointed by Florida Governor Ron De Santis said “we prepare for the unexpected, and I have full confidence in our poll workers to respond to the situation.  This election is no different; Florida’s history as a crucial state has prepared us to meet this moment.”

 

There were scattered reports of voters in Georgia who said they were not put on the voter rolls despite registering to vote through the Division of Motor Vehicles, and others who said that they were denied a ballot because the name on their driver’s license differed from their name on the voter rolls.  Governor Brian Kemp  said these were “isolated issues, mostly experienced by first time voters who don’t understand the system.”

 

The Trump Campaign issued a statement saying they were seeking an investigation and potentially challenging votes in the battleground state of Nevada over reports that some voting locations had allowed people to join lines to vote after polls were scheduled to close. 

President Trump was reportedly angry about the number of legal cases the Biden campaign continued to file, and tweeted “it's largely a rigged system."