Guest you have to produce evidence that fraud has occurred. That will be difficult because it can be difficult to detect. People need to understand that, unfortunately, the u. S. Has a long history of election fraud. That is not me. That is the u. S. Supreme court saying that in 2008. And we need to take steps to make sure it does not happen. Is it massive and widespread . Probably not. But it happens often enough that it shows some of the vulnerabilities in the system. For anyone who thinks it does not happen, talk to the residents of paterson, new jersey, where four locals were criminally charged by the state attorney general with absentee overturnedd and they a municipal election and had redo the election. You might want to talk to the congressional districts of north localsa where several illegal vote for harvesting and tampering with absentee ballots. They had to hold a new election there too. It does happen. Host have you seen any significant evidence of fraud in this campaign, particularly toward the president . Guest right now, it is too early to tell. What concerns me is transparency democratictal to our process. That is why, in every single stay, there are state laws authorizing all of the candidates and all of the Political Parties to have election in the entire process. They can be in the polls, watching and observing to make sure everything is being done correctly. They are supposed to also be in the downtown offices where the counting of ballots is occurring. In citiess me when like detroit and philadelphia, gop observers were locked out and not allowed in to see the processing and handling and counting up absentee ballots. In philadelphia, as you may know, the trumpcare. Tothe Trump Campaign went court and got an order allowing a specials officials in. They still would not allow it. That is a fundamental violation of the principles of transparency that we have. I would like to know why in the world they were engaged in that kind of behavior. Were they trying to hide something . We dont know. There were not any observers in there to tell. Host from the legal arguments you have seen from the chum campaign, whether it be for counting ballots or otherwise, which do you think has the most effort of making some type of significant appearance in court, whether it be for the actual counting or because of state laws like pennsylvania, which allows the processing of ballots after election day . Host the arguments guest the arguments are probably strongest in pennsylvania. The Pennsylvania Supreme Court stepped in and changed the laws laid out by the state legislature. They extended the deadline from election day for several days after election day. Even if there was no postmark on the envelope, indicating that, they did not know whether it was voted and mailed by election day. They still had to count the ballots. They also said they could not reject ballots, even if the signature of the absentee ballot did not match the signature of the voter on file. The problem with that is the u. S. Constitution gives authority presenting the rules for federal elections to state legislatures. Not state courts. Inthe state Legislature Pennsylvania wanted to set those kinds of rules for absentee ballots, they are fully empowered to do so. The courts cannot do that. They do not have authority to do that. Campaign,e trump potentially, has a strong argument. They have to go to the u. S. Supreme court with it, that any ballots that were received after the state law deadline of election day are invalid. Ast the Supreme Court took look at this our previous guest talked about it. It did not look at the merits of the actual case if i understand it correctly. Correct me if i am wrong. Guest that is right. The state Legislature Filed an emergency appeal with the u. S. Supreme court, asking for a the stay. Y what what the Supreme Court had done, the rules the state Supreme Court set in place would stay in place for the election. That does not prevent the campaign or the state lets later going back to the Supreme Court and saying you need to take the case on the substantive merits and make a decision. It may be too late. If those ballots that were received after election day were not segregated and have already joined in thend anonymity of the ballot box, even if they got a positive decision from the Supreme Court, it might be too late to do anything about it. Our if you want to ask guest questions, if you support joe biden, it is 202 7488000. If you support trunk, it is 202 7488001. 202 7488002 if you supported another candidate or if you did not vote. You can text questions at 202 7488003. As we were having that conversation, Caitlin Collins reported that in pennsylvania, the lead bys taken just over 5000 votes. Does that strengthen the case of the administration to go to the Supreme Court with concerns that you have highlighted . On if there isds on the number of received after election day. If that number is larger than the margin of victory, that makes a stronger case before the Supreme Court. Host is there a point where the legal challenges and things like that, is there a point in your mind where it affects determining how we resolve this years election . All ofthe one thing that the judges and the courts know in this situation is that they are under a real time crunch to resolve any questions that have been raised about the outcome. As you probably know, the Electoral College this year, is scheduled to meet on december 14. That is the date on which the electors have been pledged to either joe biden or to donald trump. They are certified as the winners, depending on the majority vote in the state. They meet at the state capital and cast their votes for president. By the summer 14th, each state has to have resolved the outcome in their state. If there is any court action, all of the judges know they cannot take weeks or months to make a decision. They have to act within days to decide the merits of whatever case is being tried. Host when it comes to the electors themselves, what binds the electors to go with what the state has determined and can people walk away from that . The issue ofs faithless electors. Can an elector break the pledge they have made . Elector,e a democratic you promise and pledge that you will cast your Electoral College vote for the democratic candidate if the democratic candidate wins the majority of the popular vote in the state. The u. S. Supreme court made a decision about that earlier this year. There were two cases arising out of the last election, out of colorado and washington, in which electors who had pledged, i think in those cases, i think they were pledged to vote for hillary clinton, they broke their pledges and did not vote for hillary clinton. They voted for other people who were not in the race. Washington state find the electors fined the electors broke their vote. Colorado the states cannot bind them that way. The Supreme Court disagreed. They said the states have Constitutional Authority to lay out how electors are chosen and, if they want to put in a provision that and elector has to honor the promise or pledge they have made, they can do that. It hasss electors is never been a problem in the entire history of the United States. There have been a handful of them. They have never made a difference in the outcome of the election. Our guests hans von spakovsky. Michael is our first collar for him, a support of a supporter of President Trump from hagerstown, maryland. Go ahead. You are on with our guest. Caller thank you for taking my call. It is one of the things that really gets conservatives meet so angry. There are two things. Voted 44 withrt roberts siding with the liberals to kick this down to the lower courts. Overturning a law. This is what we are talking about when we say the Supreme Court should not be overturning laws. 44. When you kick it down, you say you are overturning the law. That is one thing. Number two, i have a problem with we know every four years, we know when the election is. There should be no voting pass november 3, of any kind. I believe in absentee balloting because there is registering and accountability to it. This whole i would like for you to comment on mail out balloting. When states blanket estate with ballots. Thousands or hundreds of thousands of ballots that go out. I am in sales and i know how databases are screwed up. People are getting ballots and guests engage. Ifin the state legislature, they want to extend the deadline for absentee ballots they are fully empowered to do that. They have the authority under the constitution to set what the rules are. The state cohorts do not. Neither do other state officials. We have a similar problem in north carolina. The state board of elections extended the deadline for the absentee ballots more than a week after the election in direct violation of state laws set by the legislature. That to me is clearly unconstitutional. Absentee supports ballots. You need them for people who are too sick. It will be out of town. They cant make it to the polls. Out and simply mailing absentee ballot to every registered voter is problematic are suchoter rolls port across the country. Election officials dont do a very good job with people who have moved to other states who have died. If you have lots and lots of ballots floating around in neighborhoods where people are no longer there, someone may be tempted to take advantage of that. Fraud isballot something that unfortunately occurs. Four individuals in one county in texas have been arrested and clip criminally charged including a county commissioner for engaging in absentee ballot fraud to ensure that commissioner won her election, which she did by five votes. , theyther county in texas just arrested a may oriole who was requesting an absentee ballot in the names of actual voters and having them sent to a po box that he had set up. Absentee ballot fraud unfortunately is a reality. We maketo make sure that available. Be takenolks cant advantage of an fraudulent ballots cannot be tasked. Our caller in virginia is a supporter of joe biden. Caller thanks for taking my call and thanks to the guest for taking my question. I hope your guest will admit the chaos that will certainly ensue uld the Supreme Court unelected justices interfere in the returns from pennsylvania. Rightfully, they have decided that the state Supreme Court is allowed to rule on the legality of legislation and executive appointments made by duly appointed people in pennsylvania. They made that ruling. The votes have been cast. Now they are being counted. Should they decide now, after the fact, that those votes have been cast illegally and nullifying them. There would be chaos. No one wants that. I cant imagine that the Supreme Court justices, conservative or liberal will allow that to happen. Guest to address this question of the chaos that would ensue. We will let our guest respond. Those are not considerations the court is supposed to take into account. What they are supposed to do is interpret the constitution. The federal statutes the way they are written and were intended by congress and members of the constitution. They are not supposed to take those kinds of political consideration into account. You are simply wrong. If you look at the constitution, it specifically says the power to set the rules for elections is delegated to state legislature. Not other officials within the state government. The state legislature in pennsylvania wants to set up these kind of rules, they could. Authority tolegate the state Supreme Court. Whent up the rules for absentee ballots were received. It would all be legitimate. A law,te legislature set they sent a rule for the absentee ballot that has been in place for a long time. The state Supreme Court stepped in and decided to change the law. They are not the legislature. They dont have the authority to do that. That authority was not delegated to them by the state legislature. If you believe in a country based on the rule of law, you have to follow the rule of law. If it goes back to the courts, does it ultimately is it ultimately the chief justice that decides . How does the process work . Guest you have to have the votes of a certain number of justices to take the case. Whether or not they will take it, i dont know. At this point it might be moot. Campaigns trump legal arguments are correct, it might be moot if all of the ballots have been received after the state law deadline have already been comingled with the other votes. Or if the number of votes you received is smaller. Whole question is moot anyway and it does not really matter. I would think everyone would as state legislatures are the representatives of the people. We are the ones that should be setting the rule for the election process. Judge or five judges in this case on the state supreme thet deciding to override legislation that was passed by which is aegislature bipartisan legislature. Judges simply override the state legislation. It may be a political advantage to some, political advantage should not trumpet the fact that we are based on the rule of law. Cant give anything more antidemocratic them for override with the state legislature has done. Lets hear from francis in tennessee, a supporter of President Trump. Points, please. Weve always had trouble with voting. We do not have the set day for a federal election. Statefrom state to because people are going from one town to another and we voting. We had to have a uniform election day. Theother thing is that society ran new york city for years and years. In tennessee we had a machine of the state. In chicago, does philadelphia have a machine like that as well . Thank you. What i would say about that is i do think we are going with people far early voting and voting through the mail months before election day. If you vote before election day and information comes out about candidates the october surprise we are talking about im not just talking about president ial candidates. Im talking about all the other candidates you vote for. Beforevoted two months election day, it is too late to change the vote. This is problematic during primary season. Primary super tuesday in march before covid shut down the country. It was a dozen states. We are having primaries at the time we have a very competitive, democratic president ial campaign to win the Democratic Party nomination. What happened just before super tuesday . Candidates,ain senator klobuchar and Pete Buttigieg dropped out of the race. All of the individuals in the super tuesday states voted early or voted by absentee ballot weeks before the election wasted their vote. Totalslook at the vote for those candidates, you literally find hundreds of thousands of people who wasted their boats voting for candidates who are no longer in the race. I forget what the second part of the question was. Host she is gone so we will let that stand. The United States post office offered a sweep of the facilities, the post office push back against that. Actionout not only the of the Postal Service in this case. Want to be too hard on the Postal Service. Deliver over 40 of all the mail in the world. They handle billions of pieces of mail every day. Even when they are doing a really good job, they cant time. R everything on that is one of the problems with this push to move everybody to vote by mail. Year, ther of last Inspector General of the Poster Service Postal Service issued a report on the 2018 election. Did the Postal Service meet its delivery goals. Did they deliver the absentee ballots on time . Their goal was 96 . Their goal was 96 of the time delivering absentee ballots on time. They got a little over 95 . Even if they reach their goal, 4 of all of the absentee or mailin ballots around the country that voters sent to officials were potentially not delivered in time to be voted. Even when the Postal Service is operating according to where the standard is set. They listed seven states the average ontime delivery was only 84 . Thats why this push towards voting by mail was just a really bad idea. It is a fairly large percentage of ballots will not be delivered in time to be counted. That will disenfranchise a lot of. The problem is a lot of people were mailin ballots right before election day. Theres no way the Postal Service could possibly deliver those in time. Forstate deadlines evensting absentee ballots several days before election day is not sufficient times. Know the details of judge sullivans order. The same judge has refused to dismiss the Michael Flynn prosecution. I dont know how much expertise he has to be acting as the postmaster general the United States. Host lets go to leesburg virginia. This is karen. Caller this is my position. You cannot have it both ways. You want to say that the Supreme Court should pretty much stay in. Heir lane when i find is antidemocratic with the heritage fire nation where is your position where there are millions of people standing in lines four hours a day on election day to get that done . You talk about the Postal Service should have never allowed early voting and mailin voting. These democratic districts where people are waiting for hours. I dont understand what your message is. There is millions of millions of people in the United States that have a right to vote. You really believe that you want everybody to vote on one day between the hours of 7 00 a. M. And 8 00 p. M. Across this country and there should be no other means of getting the vote passed . That is antidemocratic. That is the thing the Heritage Foundation is not telling you. That is ridiculous. This woman is putting words in my mouth that were not there. I have said i support absentee balentine, i support early voting. Month people voting a before the election, two months before the election. The voters need to realize that if they change their mind in the meantime, they may not be able to change their vote. That is a consideration to take into effect. She is complaining about long lines in some of the large cities. All of which are controlled by democratic parties. Unfortunately, election made foolish decisions. I could give a specific example. When the district of columbia held its primary this summer there were long lines. That is because officials there had encouraged everybody to vote by mail. The result of that they decided to not have all of their regular polling places open. 20 , 1 5 ofd about the polling places open that they normally had. They had long lines because thousands of d. C. Residents, who requested absentee ballots did not get them. Were not delivered in time. They showed up at the polling places to vote. Ago, m. I. T. And caltech did a study on waiting times. They found that in american ctions across the country the average time to wait in line was only about 15 minutes. Long lines that people saw in the weeks leading up to the early voting sites. Theres a reason for that. , they only opened up a few places for people to early vote. Comparison in miamidade they hadelections literally hundreds of polling places open on election day. They only have a handful of places to vote early in the weeks leading up to the election. Virginia, myin wife went to vote early. There is a long line to vote. On election day there was no line. So many more polling places were open. These days with so many people voting early, go vote on election day and you are likely to get in and out of your polling place in a short amount of time. Host in washington state, this is george. Caller im trying to figure out recognizes the hard for soying so long four years or three years to impeach trump. Every month, every year for years. They didnt get anywhere because there was nothing to impeach him from. It was proven. A form of insanity, that is how he defined insanity. Host do you have a question about the election . Caller how could they expect the voting public to vote for kind of insanity looming around them . Host thanks. Guest the impeachment trial was held the president was not convicted. I dont think there is a lot more to say about that. That there is a lot of concern being expressed about the pollsters getting the election so wrong. Of postersa lot predicting a much higher vote count for joe biden and other democrats. The had been surprised by almost exact opposite happening. Instead of gaining seats in in the house of representative seats. We still dont know who is going to take control of the senate because there is still outstanding counts. The point i would make to folks isi dont care what party your favorite party. Dont listen to the pollsters. They repeatedly are getting things wrong. You should not allow polling reports to deter you from going out and voting. Every american is eligible to be able to vote. We want them to be able to vote safely and without their ballot being stolen or diluted because of administrative errors made by election officials. Host when you say mailin voting would you say mailin voting largely achieve those goals . There wasnt any reason for this big push for absentee or mailin voting. All of the polling places that were open followed all of the safety protocols recommended by the cdc and others. You could safely vote in person, sure. If you are a member of one of fine, vote by absentee ballot. For everybody else, you are better off voting in person. This isnt me speaking. Eight years ago, the new york wrote about absentee ballots. The rejection rate for absentee than fors much higher ballots cast in person. Absentee ballots are rejected for many reasons. Everything from a voter forgetting to sign the ballot and not providing the information required to the ballots not being delivered in time. Mail, your by chances of being disenfranchised and not having your vote count go up. The New York Times article, the chances your vote would not be counted if you vote by mail is double that of voting in person. This is not a partisan issue. The point of this is you are much better voting in person if you are able to do that. Chances are much greater that your vote is going to count. Host this is dave, a supporter of joe biden. Thanks for taking my call. Im calling with a bipartisan comment for you. Maybe you could weigh in on this. Said 1985, we have been having this controversy. Is it because maybe our caughtogy hasnt really up to verify these things and make it really work even the dollars each party may put in has a chance that they may have returned these elections . Is being monitored by cameras . Why do they have to be in the same room, six feet apart . Short. Ke it shirt guest i think that is a great idea. Elections having fair that everybody trust is transparency. I think it would be terrific. Have cameras in the counting locations where the ballots are being gathered in downtown county headquarters so everybody not just a poll watchers could see what is going on. That would help assure people that nothing illegal is going on. Nothing is happening that shouldnt be happening. I think that would be a great idea. Of how that could prevent some kind of fraud. Just within the last three months and election official in philadelphia pled guilty to accepting bribes to stuff fraudulent ballots into a ballot box. What he would do is she worked in a polling place and there were not a lot of people around. He would fill out ballots for voters who had never come in and stuff the ballot box with those fraudulent ballots. He pled guilty to doing this. Within the last month or so a former democratic congressman, who is now a political consultant has been criminally indicted. The the guy who was bribing election official to stuff the ballot box. Been a little bit difficult for this guy who pled guilty to stuffing the ballot box to do that. I think that is a great idea. Host miami florida. A supporter of President Trump is next. Caller thank you for taking my call. The way i see it, the guaranteesn two things. Free and fair elections. Number two, a free and independent crest. Right now we dont have either one of those. On either side will accept the results of this election. We dont have either one of those. But a free and fair election, we must have both of those. It must be taken away. This power must be taken away from the propaganda press. Even fox news went to the dark side. That is incredible. It is just incredible. They were actually suppressing votes by giving false information. False information about the prospects of our election. They called arizona with 14 of the vote, why . To create a narrative and deferred people to not go vote. See that in dictatorships, in china, in russia. In america, to have that. Host we will let our guests respond. Guest i do think it is problematic that americans want to hear results as soon as possible. I do think it is problematic that Major Media Networks and others call elections so early. Im amazed when they call in when so little of the vote has actually been counted in particular states. Ist folks need to understand exit polling. Exit polling is when they ask they only do it in a few selected polling locations. Location are an indicator of how an entire state will vote. If people arent telling them the truth when they come out of the polling place, these days i think it is particularly a problem. I do think it is a problem. Cnn or fox or anybody else to call state so early in the process on the press in general, one of the best things about america is the first amendment. The fact that we have a free press. We are able to speak about controversial issues that everyone disagrees with. One of the biggest problems right now is the censorship. By twitter engaged and facebook. It is extremely dangerous. They need to change those policies. They are not acting in a partisan fashion. The American People could make their own decision. That is on what information they believe is correct so they can make their own decisions on the candidate. I really, really need to address some of the things the gentleman is saying. We are in a pandemic. Voted. Lion people we usually dont do that many by mailin ballots. This is a democracy. Truth that far for a hundred years, at least. We have beenil war fighting for democracy. There is no fraud going on. Donald trump said in georgia, go and vote twice. Could you imagine a present president saying that . Lets get that straight. You never got an answer from this gentleman when you asked him about the judge getting a court order to sweep the postal get all of the mail counted. This gentleman never said if it was right or wrong. I want an answer. Host we will let our guests respond to both of those things. The Postal Service put in all kinds of special provisions in all of its Mail Processing facilities across the country. To have special priority. Andling of election mail particularly absentee ballots. They have been working on that. In the last election they got very close to achieving their goal. 100 , 100 ould be efficiency is not possible in any kind of election. Could vote in person safely. It was done in primaries throughout the country, this summer. I give you a quick example. Wisconsin, they held the primary april 7. Londons of thousands of people voted in person. They put in the safety protocols. Her pharmacy and grocery store. Report onsued a wisconsin in which they said there was no spike in covid19 infections as a result of the election. Host our guest with the Heritage Foundation, he is senior legal with 264 electoral votes. President trump has 214. The first to reach 270 will be declared the winner. We are still waiting for final results from alaska, georgia, nevada, north carolina, and pennsylvania. Use your mobile devices to follow the Election Results at cspan. Org alexion. Maps,ctive result statebystate. Balance of power in congress. Latest video on demand. Go to cspan. Org election
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