to vote. one you see how this country is going truly in the wrong direction. then they should get out and vote. until based on personality. they sit on policy. things are important to vote people do not have. can definitely make a change. >> i am voting this year because i care about women's rights. i care about my rights as a black woman and i'm also in the military. i care about how i'm getting deployed, where i'm going and the reason why. i feel that's a big reason to fight. lexi spent voices 2024. be a part of the conversation.

♪ this election night c-span deliver something different. not just the presidential race, but the state races that will decide the balance of power in congress. political pundit no spin, no commercials are. just the candidate the results in you. violet c-span this election night beginning at 7:00 p.m. eastern live tuesday on tv, online, or on the freeze c-span now video app. x welcome back to "washington journal." we are joining tina professor of law at the university of wisconsin law school. we are talking about camping 2020 for litigation. professor welcome to the program. >> thank youe for having me. >> any talk about the scale of litigation we are seeing already for this campaign cycle? >> surely seen a lot of it.

a year divisible by four. there do seem to be more cases this time around then it has typically been the case in cases of brought by both sides. in general the republican party and their allies have been focusing more on election integrity and the democratic party. therees more on voting access. i was doing some searches over the weekend and found dozens of cases that have been brought just in the past few weeks. all sorts of issues some absentee ballots by voting military and overseas. two voter registration and list maintenance and voting purchase and election certification.

certainly a lot of litigationrt the cycle. >> give us an example of what we are seeing. for instance a voting from military people overseas. that has always been the case. what kind of litigation with there be around that? >> i can give an example there is a lawsuit that was brought in michigan over this issue by that michigan republican party against the state democratic secretary of state. former election law professor. having to do with spouses and dependents at least some of the spouses and dependents of military and overseas a personnel. whether they were entitled to voteen through the memes that we providedna ordinarily for mility and overseas voters even if they had never lived in the state of michigan. that's an example. we have certainly seen a lot of

litigation over absentee ballots for example in georgia the fulton county republican party brought a case challenging the use of election offices as return sites for absentee ballots. on the democratic side i mentioned a moment ago most of the cases tend to have to do with access for example cases regarding the ability to return ballots or have them counted even if they are not dated or otherwise fully compliant in the law. we have seen a naked a ballots issue which erodes back a few years ago. whichse is not nearly as excitig as it sounds. it has to do with ballots that are returned without the security envelope, the current state of play is those ballots do not get counted. those who mistakenly cast them can vote a provisional ballot at

least it seems for now ought to be counted on or after election day. >> are these losses just in the battleground states as far as geographic location? >> no, certainly not. oneer of the most important cass that has been brought is in mississippi. which is on no one's list of battleground states. this was a case entitled republican national committee or is a case where the fifth circuit and a very conservative panel of the fifth circuit issued a decision just a few days ago saying absentee ballots in that state which are received after election day should not be counted. even if they were postmarked on or before election day. that is an interpretation of federal law. it only applies in mississippi.

but if it were affirmed it could have play in other states which allow absentee ballots to be counted if t they are received after election dates so long as they were postmarked on or before before election day. >> out what the campaign's been preparing for this? is this something they do since 2020? have they been preparing for this or that is this something that happened right before and how do you prepare? >> i i do not have inside information with the campaigns and parties are doing. i suppose i can engage in some informed speculation that certainly after the last presidential election i am sure parties and both looked at what happened in court. what was w successful, what was not successful and s started dog some planning. i'm sure that planning has ramped up considerably there are

a lot of lawyers on both sides both within the parties and campaigns as well as other groups about litigation. i suppose one of the things i am noticing this time around i'm sure it's happened before. i think it's a little bit more conspicuous. you see some cases being filed close to election day which are not so much hoping to get an injunction or other court order before election day. but might be thought of as placeholders. you might think of them as placeholder lawsuits. bringing a lawsuit, raising an issue regarding whether certain ballots for example should be counted. and hoping perhaps that lawsuits, if it winds up being close especially in where the swing states might be activated so that it could become a vehicle for posts litigation

possibly over the presidential race or down a ballot race. >> professor i want to play a short portion former president trump accusing democrats of conspiring to steal the election at a rally in allentown pennsylvania this is last tuesday. after that will hear from vice president harris in an interview with nbc last month about how her campaign is preparing to handle challenges. here it is. >> we set an all-time record in the early voting by the way. so if you have a mail in ballot get that in. [cheering] because they've already started cheating in lancaster. they cheated.. we caught them with 2600 boats. no we caught them cold 2600 boats. think of this, think of this. every vote was written by the

same person. i wonder how that happened it must be a coincidence. >> the last election the former president came out on election night declared victor before all the votes were counted. what is your plan if he does how to get into ask? >> let me say this we've got two weeks ago. i am very much grounded in the present in terms of the task at hand. we will deal with election night and the days after as they come. we have the resources, the expertiset and that focus on tht as well. >> your teams writing to go anything but that is a possibility? that tried to do free and fair election who still denies the will of the people. who incited a violent mob to attack the. knights' capitol and one or 40 law enforcement officers were attacked. some were killed. this is a serious matter.

the american people are at this .2 weeks out being presented with a very, very serious decision about what will be the future of our country. kukla'ser talk first about formr president trump allegation of voter fraud in lancaster. >> i have not seen any evidence to support those claims. i'm not sure exactly what he is referring to. i think one of the principles that we should keep in mind and that includes those of us who hold yourself out as election law experts, is to be careful about making any claims or supporting any claims until we have seen the evidence. that is really, really important. people can stand up and make all sorts of claims whether it is about voter suppression, or voter fraud, or something else. they can stand before podium and

make all sorts of claims. but, if you're going to go to court and try to prove those claims is not just enough you assert it. you've got toyo come up with evidence toev support your clai. on that trump campaign or anyone else believes there is evidence of illegal votes, they can certainly comment as they did last time, go into court and have evidence to support their claims in support those allegations. try to have those votes rejected for the trump campaign did this and they did this years ago. those losses were by and large not successful in part because they failed to come up with the evidence to support those claims. it's all important for all of us to recognize it is very easy to say things in public form in a

court of law you need evidence. judges who are appointed by democrats and republicans alike recognized in 2020 granted those claims02 where there was evidene to prove violation and rejected those where there is not and i expect the same thing to happen again from judges across the ideological spectrum in this year's election. >> host: we will take your calls for dan on election lawsuits the numbers are democrat two 202-748-8000. republicans 202-748-8001. independence 202-748-8002. professor, i went to ask about the case in virginia the supreme court has already weighed in on that. can you explain the case and what the decision was? >> this was a case involving so-called perch over removal from the registration rules of

approximately 1600 voters on the ground that they were not citizens. there's that federal law the national voter registration act commonly known as it regulates it generally and not just voting at dmv offices. there was a lawsuit brought by the virginia coalition for immigrant's rights. challenge the purge of voters on the ground that it violated the national voter registration limitation on systemic maintenance of programs within 90 days and election. a lower court had issued an injunction preventing this removal or purge from taking place. the supreme court stated that injunction. most observers although the supreme court did not as it often doesn't from these cases

most observers attribute supreme court to the so-called doctrine named after kids for many years agona out of arizona. that cases come to stand for the proposition federal courts should issue injunctions or court orders that change the state of play close to an election. that is what had happened in this case. a relatively small number of votes in the state of virginia around 1600. that was one of the relatively few actions the supreme court has taken. >> the headline says supreme court allows virginia to purge suspected noncitizens from voter registration rolls. are they noncitizens or are they not noncitizens? >> i'm not sure we know for

sure. >> is not part of the case that we don't know for sure? >> it certainly could be. it is hard to tell exactly what the w basis for the supreme court's ruling was. they do not often explain it whether they were not noncitizens some of them at least are not. virginia maintains that they are. but as i have said allegation and defenses have tosa be proven by evidence we have not had a full opportunity for a trailer or anything like that in this caseth for. >> virginia is not considered a battleground state could other states are based on this decision by the supreme court start purging suspected noncitizens from the voter rolls? they is possible that could. it's possible however a state court could issue an injunction or a ruling on this. i think the concern about this decision is that it opens the

door to states of violating this prohibition national voter registration act imposes on systemic programs within 90 days of an election. make it very difficult to get an injunction to stop that from happening.. >> vicki democrat good morning. >> i am calling to thank you the gas in your previous guests for the talks on election security. i am a single issue voter. i find real assurance in hearing about the efforts put forth on both the national, state, local areas to secure voterea securit. i just want to thank you. >> what is your one issue, vicki? >> might want issue is donald trump. >> are right. christopher maryland republican good morning. >> yes good morning.

i hear washington journal every day. i listen to the democrats and the vitriolic language all insulting donald trump. election interference has been evident in many of the last elections. but donald trump is a true patriot. kamala harris. >> was get to the part were getting back toward topic of litigation. what question do you have? >> who are making the decisions on this? what party affiliation do they have? and, how does t that affect the ruling? >> it is a great question. typically in the united states election officials the chief

election officials are filling with one party or the other. sam is a democrat, some states it's a republic. election official in georgia is a republican for the chief election official in michigan as i alluded to earlier is a democrat. this chief election officials are typically elected in partisan elections. some people that's not an ideal system. you have effectively summons a player for one of the teams being elected to one of the office. that's the norm in the united states as opposed to most of the other countries. judges are sometimes elected in our state court system. in the federal court system they are appointed by the president and subject to confirmation by the united states senate. it's now a bare majority of the united states senate.

federal judges are technically nonpartisan they are not affiliated with the parties they were nominated by one party or the other president. >> let's talk to david and longmont, colorado, independent. >> yes. my wife and i have been your for about a year end a half. my child just got married three months ago my youngest child. so both my girls live here and they. are married. now, we are headed back to florida going to take about five days were not going to build to vote in florida. i'm going to go out today to try to find out if i can get ballots invoke here in colorado. i live from 2000 until 2010 here in voter while i was here. because of my restaurants i move back to florida and i built a couple more restaurants and then voted there. i am in a dilemma i don't know

if i can vote here for the lesson my voted i voted in voten titusville. >> david are you registered in colorado and in florida? what's the situation with the registration? >> i believe i'm registered only in florida right now. but i say 10 years ago i voted here couple different times probably four times in that tenure. so i am stuck in the middle. i clearly want to vote for trump. i need to vote for trump here in colorado it will remind have a prayer. in florida were going to win hands down. >> okay professor what you think? >> i'm not going to give a call or legal advice on tv. especially not being admitted to the o bar and either colorado or

florida. what i would say is in most states you have to be a registered sometimes as much is 30 days before the election in order to vote in that election. you vote in which you are a citizen residing there with the intent to remain in that state. that is the law. >> a stock to kathleen in dayton, ohio good morning. >> good morning c-span. it's a treasure and national treasure. i like to ask the professor i watch vp debate with my two grandsons. it's funny the caller prior to this we weree in colorado i'm in dayton, ohio now partly watch the debate they are 10 and 12. during the bp debate my 12-year-old grandson sits upright and in shock and says i

can't believe advanced just said the way to deal with argon issue is to make windows thicker at schools. he was just appalled and in shock. my other grandson about five minutes later whola is about 10 and said could anyone explain to me how an individual he literally said this, how individual and 34 felony counts is running for president? i want to ask to any of us why it individual is able to run for the presidency with 34 felony counts? i want to encourage voters i wanted to trump rallies for four hours each. i had a blast. i had debates, conversations, everything was simple. we can talk with one another. we can talk with one another thank you. >> there is nothing in the constitution that prevents someone from running for

president because they have been convicted of a crime. including a felony. there is a provision of the constitution a part of the 14th amendment enacted after the civil war that prohibits someone from serving and federal offices. most people think that includes an president if they have engaged in insurrection. some of your viewers may recall the state of colorado excluded president trump from the ballot on the ground because he has engaged in insurrection. but the united states supreme court in trump versus anderson case. >> will take you live for the last came pan rallies of the 2024 face with a relic for republican presidential candidate donald trump and grand rapids, michigan live here in cspan2 hearing now from mike rogers.

>> i have to tell you you have to be excited. and of the present is on the way. yes, you bet i hope you are ready to give him a grand rapids michigan sendoff into tomorrow into his next presidency. and i want you to give me a favor for this for generations of military service in my family, for my wife's family as well our son lieutenant john rogers is here with us this evening. i do not know where he went too. [applause] are right, my wife also served as department of defense and iraq. thank you so much. to all the veterans, thank you prior to our friends who travel hear from dearborn and dearborn heights in southeast michigan, our christian arab friends, our

muslim arab friends with. welcome, you are welcome here. we are counting on you. [cheering] [applause] we all went to passing the peace we want prosperity's for families and children. thank you for being part of that coalition. thank you. the democrats are very proud. i don't know if you know this they have bon jovi coming to detroit should. this is okay. this is really okay. i'll tell you why they have gotten bon jovi, we have got autoworkers. [cheering] [laughter] that is right. we do have a kid a rocket. that's a pretty good i like

that. great shot at a beer can that's pretty good. too soon was that too soon? [laughter] they have taylor swift. we've got teamsters. [cheering] they got sarah jessica parker we've got farmers on our team. [cheering] i will take team americo all day long. i also some other folks we have got. i met a guy he is bellhop valet who came here about 10 years ago from a caribbean country. we happen to be chatting about where he was at and where he was going. he said i do not understand