Trump Campaign Dealt Setback In NJ Election Lawsuit

NEW JERSEY - President Donald Trump's reelection campaign lost its bid to stop New Jersey election officials from counting mail-in ballots starting 10 days before the Nov. 3 election and up to two days after the election.

In Trenton on Tuesday, U.S. District Judge Michael Shipp denied the campaign's request for a preliminary injunction. The changes to the election process this year were prompted by a response to the COVID-19 pandemic. In August, Governor Phil Murphy issued an executive order making the process a primarily vote-by-mail affair and the details were codified by the legislature weeks later.

The Trump team said in their argument that the counting system violates the U.S. Constitution's election clause setting a uniform day to vote: the Tuesday after the first Monday in November.

Shipp said in his ruling that the act of counting the ballots doesn't determine the officeholder.

"Canvassing ballots before Election Day does not consummate the election because that cannot occur before the polls close on Election Day and election officials run a final tabulation report," the opinion said.

Shipp also rejected the campaign's arguments about the U.S. Postal service, the system's vulnerability to voter fraud but conceded there was credible evidence that early disclosure of election results was possible, but believed the safeguards mitigated them.

In his conclusion, Shipp said the campaign failed to meet the preliminary injunction standards and that the plaintiffs:

• failed to establish they are likely to succeed on the merits of their claims
• failed to establish they are likely to suffer immediate, irreparable harm

Shipp also noted that the preliminary injunction goes against public interest.

You can read the entire opinion here.

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