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Trump just might get the GOP in major trouble

Posted by SelkirkTMO on Sun Aug 14 20:29:15 2016, in response to Trump: If Clinton wins Pennsylvania, she cheated, posted by Spider-Pig on Sat Aug 13 00:53:59 2016.

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http://electionlawblog.org/?p=85289

On Friday, Donald Trump announced that he was going to win Pennsylvania unless Hillary Clinton cheated. Never mind that he has trailed in every single nonpartisan poll taken in July and August, sometimes by double digits. To prevent "Crooked Hillary" from cheating, Trump is soliciting "observers" to watch the polls to prevent anyone from "rigging" the election. The page where volunteers can sign up is here; one wonders how long it will take someone in the campaign to realize that having "volunteers" at polling places "observing" would probably violate a long-standing consent decree preventing the RNC and its agents (which would probably include Trump) from engaging in "ballot security activities" at polling places where race or ethnicity is a factor.

The consent decree originated with an RNC effort in New Jersey in 1981 to "observe" voting. The legal ruling that led to the consent degree contained the following text:

The RNC allegedly created a voter challenge list by mailing sample ballots to individuals in precincts with a high percentage of racial or ethnic minority registered voters and, then, including individuals whose postcards were returned as undeliverable on a list of voters to challenge at the polls. The RNC also allegedly enlisted the help of off-duty sheriffs and police officers to intimidate voters by standing at polling places in minority precincts during voting with National Ballot Security Task Force armbands. Some of the officers allegedly wore firearms in a visible manner.

The Democrats sued and the RNC agreed not to engage in voter intimidation tactics. The consent degree that came out of this case has been modified several times, but is still in force.

A close reading of the text suggests that if Trump sent observers to all-white precincts, he would probably be in conformance with the consent decree, but that probably isn't his game plan. Normal candidates don't decide to send "observers" to polling places without talking to their lawyers first, but Trump is not a normal candidate.

It is possible that Trump actually has a plan here. By sending armed white "observers" wearing made-up armbands to precincts with many minority voters he is hoping to stir up trouble. Democrats may respond in kind by sending their own "observers." Fights could break out if the "observers" do more than just look. If they do, Trump will claim they are not his fault because the people he sent were merely instructed to observe. Trump could later use any fights that break out as a basis for challenging the election results, claiming they were rigged and his people were trying to prevent the rigging.

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