David Becker
@beckerdavidj
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Exec Dir @electioninnov. @CBSNews Election Law contributor. Formerly DOJ @civilrights. Co-author of @thebigtruthbook w/ @MajorCBS. Double @UCBerkeley grad.
Washington, DC
Joined June 2010
I’ve observed elections for 22+ years. Honestly, this election was not only fair, it was the most secure, transparent, and scrutinized election in US history. And all done with record turnout during a pandemic. A triumph of American democracy.
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There are literally dozens of Republican observers in Philly where the absentee ballots are being counted. And it’s being live streamed. Philly election officials are welcoming all qualified observers, as are all PA counties and everywhere in the US.
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To ALL citizens, regardless of who you choose to vote for -- this is a reminder to NEVER go to an unofficial site for election info or to confirm or complete your voter registration. Go ONLY to your state's official election site which you can find at
NEW: Billionaire Elon Musk has created a PAC collecting voter data from those living in key states through an online "register to vote" form that does not directly register people to vote. All of this in an effort to help Donald Trump become president.
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In the past 24 hours, .@elonmusk has posted multiple false claims about voters being "imported" illegally. These claims are 100% false, and I again implore him to talk to actual election officials or experts to learn the reality of our secure elections. /1.
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As the president, in his last three weeks in office, escalates the false and unhinged claims about the election he lost by a substantial margin, here are some quick factual points, this time about GA, just to anchor us back to reality. /1.
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This is 100% false. They did not find 2600 “ballots” - not even close. They caught ~2500 voter registration applications BEFORE processing them, meaning they protected election integrity. The system worked, and voting is secure, thanks to the diligence of election officials in.
True.
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As Trump's counsel are preparing for the (very likely losing) argument that he is entitled to almost blanket immunity from criminal acts because he was acting in his "official capacity" when he tried to steal the 2020 election, we should remember three important facts:. /1.
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He’s wrong. The time states take to certify results is “by our laws” since the formation of the republic. No state certifies official results on “election night,” and a big part of the reason is the thousands of military ballots that come in after Election Day.
"It would be very very proper and very nice if a winner were declared on November 3rd, instead of counting ballots for two weeks, which is totally inappropriate and I don't believe that that's by our laws. I don't believe that. So we'll see what happens,” Trump before leaving WH.
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Mr. Musk @elonmusk,. If you’d like to learn more about how secure mail voting in the US is, how every mail ballot is verified twice before counting, and how easy it is to discover those rare instances when mail voting fraud occurs, I’d be happy to discuss it with you.
In the USA, you don’t need government issued ID to vote and you can mail in your ballot. This is insane.
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I really cannot stress this enough. There isn't a single state, run by either Rs or Ds, where counting isn't ongoing today. Just because you're not watching those states doesn't mean it's not happening. Same thing happening in AL and MD as is happening in PA and GA.
Workers have been counting 140+M ballots for only 36 hours. They are still counting in EVERY state. Some states have margins so wide these remaining ballots can't make a difference, but what's happening in those states is much the same as what's happening in swing states.
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It's now clear that no amount of debasement of American democracy will satisfy some members of the Republican party. As they attempt a coup against American voters, while they cloak themselves with statements they won't make in court, they also debase themselves. /1.
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The 2020 election was the most secure and transparent election in US history, thanks to the efforts of R and D election off'ls all over the country. Biden won by a wide margin. Trump cannot subvert the clear will of the people, and Biden will be president on Jan. 20. /END.
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1. Georgia has all paper ballots. Every single ballot is paper. And every single paper ballot has been counted THREE times. One of those times, every single ballot was reviewed by bipartisan teams of humans (not the voting machines). Every count confirms Biden won. /2.
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I expect the DC Circuit to act quickly and decisively here, and reject this claim as it did the civil immunity claim. It's quite possible SCOTUS does not even take the appeal. /END.
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The ongoing mess that is the AZ “election audit,” lacking any sense of transparency, conducted by an inexperienced, biased out-of-state firm, contaminating chain-of-custody and the ballots themselves, is not only a bad idea. It also likely violates federal law. /1.
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2. The DC Circuit held last month that "when a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act." Trump was clearly acting as a candidate, seeking to steal an election that he lost. /3.
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6. Finally, and I don't believe I have to say this, but Brad Raffensperger's brother is not connected to China. Because Brad Raffensperger doesn't have a brother. Brad Raffensperger's imaginary brother is as much a fantasy as the claims of election fraud. /7.
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3. Even if he did have an official role (he didn't), and he was trying to ensure a fair election in states with narrow margins, why did he focus only on states he lost, like MI (lost by 150K+), and no attention on states he won narrowly like NC, by less than 75K votes?. /4.
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1. The President of the U.S. plays no role in election administration or certification. The president has no "official capacity" with regard to elections whatsoever under U.S. law, particularly when he is a candidate. /2.
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2. About 25% of all ballots in November were mail ballots in GA (~1.3M), and the signatures were checked twice and confirmed. A signature audit was just completed yesterday, confirming the integrity of mail ballots and that the signature checks were 99.99% accurate. /3.
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Never has an election been scrutinized by so many different judges and courts across the country, and never has so much evidence about an election been heard. Over 50 cases so far, almost all of them lost by Trump and his allies. /1.
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3. Election laws and procedures in GA have been passed by a Republican-dominated legislature, signed by a Republican governor, and enforced by a Republican Secretary of State, all of whom have stated that they supported the president's re-election. /4.
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5. There have been at least 6 cases brought by Trump and his allies in GA since the election, and they've lost them all, on the merits, some before Republican- and Trump-appointed judges. They have failed to prove even a single case of voter fraud. /6.
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A reminder as you see more con artists claiming “the vote machines changed votes,” all the votes in MI, GA, AZ, PA, WI, etc. were paper, audited, and verified in hand counts. The real reason for these claims? The “DONATE HERE” button on the scammers’ websites.
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4. These laws and procedures were in place for months or years, and Trump and his allies waited weeks after the election they lost to challenge those rules and procedures. /5.
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I completely understand how hard it is for some to process the idea that their candidate lost an election. In fact, there's hardly anyone in America who hasn't suffered a devastating electoral loss in the last 4 years. But we also have to try to understand some basic facts. /1.
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We're understandably focused on bills/laws being proposed/passed to restrict voting and which hurt election integrity in several states, but we should be paying particular attention to what is happening in TX, right now. /1.
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As I was telling election officials at a conference today, this is a common feature of disinfo campaigns. Take a normal, even desirable thing (in house counsel reviewing docs before public release, or early/mail voting) and try to make it sound sinister to feed the conspiracies.
We can now tell you part of the reason why. On Tuesday, Twitter Deputy General Counsel (and former FBI General Counsel) Jim Baker was fired. Among the reasons? Vetting the first batch of “Twitter Files” – without knowledge of new management.
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1. Voting by non-citizens in federal elections is already illegal, and has been illegal under federal statute for nearly 30 years. /2.
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Today is the last day of early in-person voting in AZ, GA, ID, ME, MA, NV, TX, and UT. If you haven't returned a mail ballot yet, or voted, vote TODAY! Most early votes are among the first votes counted and processed! VOTE TODAY!.
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Over 3M have voted early in GA as of this morning. 2M+ in person by the end of early voting, and almost 1M by mail (2/3 of all mail ballots requested, so far). That’s very high for a January runoff! Georgians, make your plan to return your mail ballot or vote on Tuesday!.
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Swear in Senator Lee and Senator Tuberville and let the lawyers take testimony and cross-examine. That’s how trials deal with factual disputes.
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The states already have the laws and tools to keep non-citizens from voting. Any claims to the contrary are lies spread to damage trust in our elections, aiding our adversaries overseas. Before spreading these lies, please talk to the professional election off'ls, Rs and Ds, who.
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2. All voters - every single one - must provide ID, under fed'l law, to register to vote in federal elections. That ID is checked against motor vehicles files or Social Security. /3.
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Election officials are literally just counting the ballots. This isn’t corruption or fraud. It is literally the best of democracy. Let election officials do their job and count the ballots.
Law Enforcement is looking into another big corruption scandal having to do with Election Fraud in #Broward and Palm Beach. Florida voted for Rick Scott!.
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3. Any non-citizen caught registering or voting puts their presence in the U.S. in jeopardy -- they are risking deportation for the big payoff of casting one add'l ballot in an election where 160 million ballots will be cast. /4.
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4. These protections have been enormously successful. We know that non-citizens rarely attempt to register and/or vote in federal elections. States like GA have run a complete audit of their voter lists, and found literally ZERO non-citizens voting. /5.
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Literally dozens of election experts accepted this challenge, including myself, and even tagged his press person. He’s the kid who challenges everyone to a fight after school then never shows up.
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For no particular reason, here’s your regular reminder that the ballots in MI were hand-audited, and every ballot in Antrim County reviewed by hand, and confirmed Biden’s 150k vote victory. Same in GA, AZ, etc. To say otherwise is a lie.
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As I've noted before, voting integrity better in this election than ever before. Zero evidence of fraud.
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52 USC 20701 requires that election officials, and ONLY election officials, preserve all fed’l election records, including ballots, for at least 22 months after an election. This is to preserve evidence in case of a violation of voting laws. /2.
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Trump campaign knew all the rules governing this election well before 11/3. They challenged some of those rules, others went unchallenged. Now they seek to change the rules only because they lost. /1.
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In my decades observing elections, I've never seen anything like this. It means the county/state did a good job of notifying voters re: problems. More importantly, I am completely inspired by voters willing to wait TWICE (hopefully not long) to make sure their votes will count.
Hello from the Bucks County Courthouse! These PA voters have been in line here on a frigid morning to correct issues w/ their absentee ballots. They had been notified to come in and fix. Voters tell us they’re willing to wait as long as it takes to make sure their vote counts.
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Listen to @C_C_Krebs. 95% paper ballots nationwide, with all paper ballots in GA, PA, MI, WI, AZ, NV and every other swing state. Counted, recounted, and audited. The counts were confirmed accurate every time, which is proof this election was the most secure in US history.
Do not conflate voting system security and SolarWinds. The proof is in the paper. You can audit or recount again to confirm the outcome. Like they did in Georgia. And Michigan. And Wisconsin. And Arizona. Can't hack paper.
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FACT CHECK. The VP does not have any power to reject any electoral votes. He just ceremonially presides over the joint session. The VP does not have the power to unilaterally decide the presidency, and VPs Gore and Nixon did not miss this magic cheat code in the Constitution.
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For no particular reason, a reminder that voters voting, and counting every vote, is not “rigging.” An election where mistakes are discovered and fixed is not “rigged.” These are messages used by our adversaries and losing candidates to delegitimize democracy.
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[Long post, please read]. @elonmusk weirdly took the time to Google the middle name of @JocelynBenson, but here are some things he somehow didn't bother to try to learn. He could have easily found a lot of facts here -- . 1. No, MI does not have more.
Jocelyn Michelle Benson, shame on you for blatantly lying to the public!. You only plan to remove the ineligible voters AFTER this election. That necessarily means that there are far more people registered to vote than there eligible voters.
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@FaceTheNation @margbrennan @CBSNews @ElectionInnov Very unlikely. Almost a zero chance. Trump was asking to "stop the count," but he's lost all those efforts, and now that he's behind in PA, GA, AZ, NV, he desperately needs those states to CONTINUE the counts!.
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With all due respect to catturd, we have never, in the history of our nation, come close to counting all the votes on election night. Every state takes weeks to count all the ballots (incl military) and officially certify the results. Every state. Always.
Funny how we could easily count every vote in every state on election night until a few years ago.
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AZ's election officials of both parties (and indeed, ALL election off'ls around the nation) deserve tremendous credit for running such a secure election, with record voter turnout, during a pandemic. Evidence of that success is required to be preserved by fed'l law. /END.
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@USDOJ’s Public Integrity unit has a manual on the Prosecution of Election Offenses. That manual is very clear about the responsibility to maintain the provenance of ballots and other fed’l election materials, and the penalties for failure to do so. /3.
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52 USC 20701 also requires ballots and other records to be under the direct control and supervision of election officials at all times, which is not what is happening in AZ. /5.
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Apropos of nothing, there is no such thing as “having a final total” on Election Day. That’s never been the case, and all results are partial until certified, weeks later. Otherwise, we’d be disenfranchising millions of military voters. W/ credit to @iamjohnoliver!
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Most importantly, we must accept the facts, even when candidates we support lose a close election. AZ's paper ballots were transparently counted, and audited, and the results confirmed several times. This was the most secure and transparent election in US and AZ history. /10.
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Workers have been counting 140+M ballots for only 36 hours. They are still counting in EVERY state. Some states have margins so wide these remaining ballots can't make a difference, but what's happening in those states is much the same as what's happening in swing states.
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While the former president claims he acted in his official capacity while interfering with the election, it’s important to note that the President has no official duties with regard to an election, particularly one where he’s a candidate. /1.
BREAKING: Donald Trump urged the Supreme Court to find former presidents are immune from criminal prosecution for acts taken while in office, arguing the "long history of not prosecuting" his predecessors demonstrates that the power to do so doesn't exist.
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Ballots have likely been contaminated by use of pens by "auditors," and perhaps by subjecting the ballots to unauthorized and unexplained processes, like UV light. This violates the entire purpose of 52 USC 20701 - the preservation of evidence. /8.
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What we know about the “audit” so far raises serious legal questions. Ballots have been removed from the control/supervision of election off’ls. Chain of custody has likely been destroyed. /7.
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These votes weren't "found," they were voted. This is normal. AZ has hundreds of thousands still to count. CA has nearly 5 million. Nearly every state has more ballots to count. And lots will be R votes. That's why certification takes place days/weeks later.
Rick Scott was up by 50,000+ votes on Election Day, now they “found” many votes and he is only up 15,000 votes. “The Broward Effect.” How come they never find Republican votes?.
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52 USC 20701 imposes criminal penalties and fines for failure to maintain and protect ballots and other election records, under the direct supervision of election officials, for at least 22 months. /6.
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A court hearing will be held at 11am AZ time today, regarding this ongoing escapade. One hopes that reason will prevail, and evidence will be preserved consistent with fed'l law, to the degree it can still be. /9.
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Election officials are required to “take appropriate steps to ensure that those records will be preserved intact until such time as they may become needed to resolve legitimate questions that frequently arise involving the election process.” /4.
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Trump campaign paid $3M to lose by more.
Milwaukee County recount wraps up with Biden adding to his margin
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The president just fired the most trusted public servant on election security, @CISAKrebs Chris Krebs, by tweet, filled with disinformation and falsehoods. Krebs can leave public service with his integrity intact, knowing the tremendous positive impact he had on US democracy.
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@FaceTheNation @margbrennan @CBSNews @ElectionInnov But more importantly, with the possible exception of GA, the margins are just going to be too large. Recounts never overturn the results of an election decided by thousands of votes, and Biden's margins in MI and PA, for instance, are likely to be larger than Trump in 2016.
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In 2016, not one member of the Senate stood to object to a single state's electoral votes, confirming the election of Trump. Even though 2016 was a very close election - much closer than 2020 - the values of democracy were upheld by both parties. /3.
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Disinformation on social media is spreading, aided by members of Congress and others who should know better. These are the facts: nearly every state (if not every single one) is still counting ballots. The ones we're not talking about are just fortunate their margins are wide. /1.
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These members' of the GOP efforts to cloak themselves in the language of democracy, while actively working to subvert it, will fail. Joe Biden will be inaugurated on Jan. 20, as the voters have determined, and nothing can or should stop that. /2.
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Not sure who needs to hear this (actually I am), but certification hasn’t been stopped in PA. It happened, and has already been rec’d by Nat’l Archives. Nothing has changed re: PA’s certification and electoral votes. Everyone have a wonderful Thanksgiving!.
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PA’s certificate of ascertainment of presidential electors received and posted by @USNatArchives.
Not sure who needs to hear this (actually I am), but certification hasn’t been stopped in PA. It happened, and has already been rec’d by Nat’l Archives. Nothing has changed re: PA’s certification and electoral votes. Everyone have a wonderful Thanksgiving!.
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As primary author of the report the Trump camp cited today, I can confirm that report made no findings re: voter fraud. /1.
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400 days since the 2020 election. The losing candidate failed to present any evidence of fraud, and failed to win a single case. He's had over a year. Instead, he has withdrawn cases, and his lawyers admit there's no fraud and that nobody should have taken them seriously. /1.
Trump didn’t file a single lawsuit alleging election fraud and has failed to produce any evidence that the election was rigged. He’s had a year to put his money where his mouth is, and has refused to do so. That says a lot more than this debate challenge.
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And important to note, this judge was appointed by President Donald J. Trump.
BREAKING: Federal judge denies motion to halt vote certification in Georgia. @GaSecofState announces audit is over, hand ballots counted, and @JoeBiden won Georgia. #Election2020results #gapol @FOX5Atlanta.
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We found millions of out of date registration records due to people moving or dying, but found no evidence that voter fraud resulted.
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Shamefully, some members of the GOP no longer are anchored to facts, to law, or to fundamental respect for federalism and democracy. They challenge an election that many of them were elected in. This stain on these "leaders" cannot and should not be washed away by time. /8.
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This was a unanimous, per curiam opinion from the DC Circuit. It was worth the month wait, very comprehensively and persuasively written. Likely SCOTUS does not review this case, but important that this be resolved quickly so voters can have the info they need to make a decision.
FLASH: APPEALS COURT IN DC REJECTS TRUMP’S CLAIM OF PRESIDENTIAL IMMUNITY. Standing by for @CBSNews special report at court.
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I have spoken to election officials of both parties, all over the country, who are enduring death threats and harassment from supporters of Trump. They and their families live in fear and are at risk, all because they’ve done their duty to democracy. /1.
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So please break out of your silos. Resist the claims of those who seek to control, divide, and profit off of you. Listen to the patriots in both parties who've worked to secure this election, and who successfully facilitated true democracy during this difficult year. /END.
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Here's how the 2016 and 2020 elections compare:. 🔹WI - Biden and Trump won by about the same margin.🔹PA - Biden won by twice Trump's 2016 margin.🔹MI - Biden won by 14x Trump's 2016 margin. /4.
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In a late night vote, the TX senate just passed SB7, which puts significant restrictions on voting, in a state where it's already harder to vote than almost anywhere else. /2.
The Texas Senate just voted to limit Texans' voting options. Senate Bill 7, a GOP priority, would limit early voting hours, prohibit drive-thru voting and bar local election officials from proactively sending vote-by-mail applications.
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@margbrennan @FaceTheNation @CBSNews @ElectionInnov Think of it this way. Players/teams can't change the rules of the game after it's started, and definitely not after it's OVER. If you don't like the rules, you have to resolve that before the game has started. The Trump campaign failed to do that. /2.
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The result has never been more clear -- Biden won with over 7M votes more than Trump, and a 306-232 electoral vote margin. This is not left vs. right, or D vs. R, or Biden vs. Trump. This is reality vs. fantasy. /5.
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More comparison:. 🔹Popular Vote - Trump lost by nearly 3M, Biden won by 7M+.🔹Security - in 2020, more paper ballots, more audits, more recounts, much more litigation before judges of both parties. /5.
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Yet despite the fact that 2020 was more secure, transparent, and scrutinized than any election in US history, incl 2016, imagine what the GOP would have done if several D senators and over 100 D Reps had objected to legitimate vote counts in several states. /6.
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Just a reminder that if you see unsubstantiated claims that mail voting is "rigged" or that ballots are being printed in foreign countries, that info is FALSE. There is zero evidence to support it, and states have many protections in place to prevent rigging of mail ballots.
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As disinfo continues to spread claiming (falsely - see my piece below) that the Dems cannot place the party's official nominee on every state's ballot in August, keep an eye on the possibility that the GOP may try to swap out its official VP nominee, and how the disinfo changes.
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The “perfect calls” - to GA, AZ, and now MI - were so “perfect” that the loser of the election never admitted they happened until AFTER they were revealed. Now we learn this, and who knows what other efforts to interfere with election certification is yet to be revealed.
Breaking: Trump recorded pressuring Wayne canvassers not to certify 2020 vote, @CraigDMauger reports for @detroitnews
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It is possible for your candidate to lose. We live in a very closely divided nation, and many of us don't live around people who don't agree with us politically. But they exist. And they vote. And they're patriotic Americans just like the rest of us. /2.
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The electoral college will confirm the reality of Biden's "landslide" victory (Trump's definition) on Monday, Congress will accept those results on Jan. 6, and Biden will take the oath of office on Jan. 20. /6.
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There’s an art in litigation to convey to the court that you’re willing to be reasonable and deal in good faith in the interests of justice. And then there’s this.
FLASH: Trump defense team requests an April 2026 trial date in Jack Smith special counsel election conspiracy case in DC.
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It's a dead lock that TX will exceed its total 2016 turnout by tomorrow at the latest. Early voting during the last two days is picking up steam, and Harris County is offering 24 hour voting locations!.
It's a good bet Texas will cast more votes *before* Election Day than it cast in the entire 2016 election. Right now, it's at over 93% of its 2016 total - the highest in the nation - with two days of early voting left.
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We need to count all these validly cast ballots, and we need to let workers work in orderly, safe places, while being transparent about those processes. This is true in states where your candidate is behind, and where your candidate is ahead.
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2. The machines that conspiracy theorists are complaining about are also used in states Trump won handily, including AK, FL, IA, KS, LA, MO, OH, and TN. Think about that -- Florida and Ohio! All have been federally certified. /7.
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Bill Stepien laying out clearly why Trump's delegitimization of mail voting was a foolish campaign strategy. He defied his experienced campaign advisors and did it anyway.
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Thankfully, many member of the GOP are standing for democracy, for reality, for law, and for the will of the people. We should all be grateful for these patriots, as we rebuild from the long-term damage some in their party continue to inflict. /END.
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And perhaps most troubling, TX SB7 gives ONLY these partisans the power to video and record voters while they are casting a ballot. I honestly cannot recall a recent state law expressly encouraging partisans to engage in such potentially intimidating conduct. /6.
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SHORT THREAD. As the president continues to spread lies about mail ballots and how they're counted and reported, 16 days after the election, let's remind ourselves of the facts about states he WON in 2016 with large percentages of mail ballots, with which he had no problem. /1.
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1. The machines didn't rig the election. We have 95% paper ballots. Those paper ballots have undergone 100% bipartisan human review in GA, and audits are happening elsewhere. If the machines malfunctioned, the paper would show it, and instead, it's confirming the results. /6.
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We choose to live in media silos that just tell us what we want to hear. When our candidate loses, and we're upset about that, it's natural to retreat to these silos to hear comforting words. But it's also toxic. Regardless of where you are on the political spectrum. /3.
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