Arsonist-in-Chief’s mail-in ballot lawsuit strategy reeks of desperation

America’s Arsonist-in-Chief is at it again. This time President Donald Trump has focused his fevered mania on Nevada, striking wet matches to a legal dung pile in hopes of generating enough smoke to enable him to disqualify legitimate ballots and shout “voter fraud” on Election Day.
Amid a coronavirus pandemic-driven special session of the Legislature, on Monday Gov. Steve Sisolak signed into law AB4, which helps ensure Nevadans are able to vote in November by providing statewide mail-in balloting. After signing the bill, Sisolak tweeted, “During this global pandemic, I made a commitment that we’d do all we can to allow Nevadans to safely cast a ballot in the upcoming November election.”
Trump responded with hair ablaze via Twitter: “In an illegal late night coup, Nevada’s clubhouse Governor made it impossible for Republicans to win the state. Post office could never handle the Traffic of Mail-In Votes without preparation. Using Covid to steal the state. See you in Court!”
“Illegal late night coup?” How dare the Legislature work after dark in a special session made necessary due to the president’s failed response to the coronavirus pandemic.
Sisolak managed to scratch his head over the “clubhouse Governor” remark coming from a president who spends so much time at his own country clubs, but Trump made good on his threat with the Tuesday filing of Donald J. Trump for President, Inc. v. Cegavske in U.S. District Court.
If you thought the acrid smoke of the recent California wildfires made your eyes burn, wait until this dumpster fire of misdirection really starts smoldering. Before it’s over, it could make Bush v. Gore smell like a spring meadow by comparison.
The president who continues to downplay a coronavirus pandemic now projected to kill more than 250,000 Americans by November is scrambling to block the legitimate efforts of governors to protect the voting rights of their citizens with what’s being called a “national strategy.” The Nevada lawsuit is simply part of that campaign strategy.
Maybe that’s why parts of the lawsuit sound like the Trump campaign talking points. The lawsuit notes with arched brow that AB4 changed state law to enable mail-in ballots without postmarks to be counted if they are received up to three days after Election Day. Wait until someone finds out that part of the law was already on the books.
With millions of dollars available to set brushfire lawsuits and place alarmist advertising in multiple states, conservatives stuck with an unpopular incumbent are going after the increased use of mail-in balloting during the COVID-19 crisis. The national legal effort is led by Virginia-based Trump lawyer William Consovoy and the Nevada lawsuit was filed by the Campbell & Williams law firm. Some may remember experienced litigator Consovoy from his efforts to overturn part of the Voting Rights Act.
From now until Election Day, and perhaps long after, expect to be bombarded with ominous ads about how the Democrats are stealing the election with their sinister mail-in ballot scheme that replaces our fair and honest elections. (Cue patriotic theme music here.)
But the fact is AB4 doesn’t replace Nevada’s existing absentee ballot, early voting and polling site system. In a year of deadly pandemic, it helps save it. While sending ballots to all active registered voters, it also requires that every county in the state maintain at least one early voting and Election Day voting site. Clark and Washoe counties – the only counties with more than 60,000 residents – are required to provide multiple sites. Given its more than 2.2 million population, Clark County must provide at least 35 early voting locations and 100 Election Day polling sites. The litigation notes the scant number of rural voting sites as a sure sign of something rotten in AB4.
Nevada’s crazy idea is hardly unique. In addition to Nevada, eight other states are automatically sending ballots and as many more are sending applications to vote by mail. In all, approximately 180 million Americans have easy access to vote by mail, according to The Washington Post.
It’s smart policy in a pandemic, and other states are providing automatic applications for mail-in ballots.
Then there’s Trump’s McCarthyesque rhetoric about fraud in association with mail-in voting. Studies from across the political spectrum have found voter fraud of all types is statistically insignificant. But that hasn’t kept the White House fire bug from tweeting – and you know he’s serious when he goes “all caps” on us – “MASSIVE FRAUD AND ABUSE.”
Hey, two can play this game: “MASSIVE PILE OF HORSE MANURE.” And don’t make me hit my exclamation point key.
Perhaps Team Trump’s biggest problem isn’t the facts or the law, but the challenge of having a client who can’t stop crapping out of turn. You’d think a guy with so many historical mob connections would appreciate the concept of Omerta, but I guess not.
As only he can, Trump telegraphed the naked hypocrisy of the strategy, turning his anti-mail-in argument inside out when it came to voting in Florida, where pandemic-ravaged residents like to vote by mail. He tweeted, “Whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure, Tried and True,” further enthusing of the Sunshine State, “I encourage all to request a Ballot & Vote by Mail! #MAGA.”
The Arsonist-in-Chief’s Twitter fit would be comical if the future of the Republic weren’t at stake.
John L. Smith is an author and longtime columnist. He was born in Henderson and his family’s Nevada roots go back to 1881. His stories have appeared in Time, Readers Digest, The Daily Beast, Reuters, Ruralite and Desert Companion, among others. He also offers weekly commentary on Nevada Public Radio station KNPR. His newest book—a biography of iconic Nevada civil rights and political leader, Joe Neal— “Westside Slugger: Joe Neal’s Lifelong Fight for Social Justice” is published by University of Nevada Press and is available at Amazon.com. Contact him at [email protected]. On Twitter: @jlnevadasmith