Trump, Republicans File Lawsuit Against New Jersey Governor Over Voting By Mail Order

President Donald Trump’s reelection campaign, the Republican National Committee and the New Jersey Republican Committee have filed a lawsuit against New Jersey Gov. Philip D. Murphy and New Jersey Secretary of State Tahesha Way to prevent voting by mail despite concerns surrounding the coronavirus outbreak.

According to the campaign and the Republican committees, the authorization of vote-by-mail ballots being sent to voters is unconstitutional and would result in voter fraud.

They say the state already has a “rampant history of voter fraud,” and that allowing voters to vote by mail as opposed to requiring them to vote in-person would only make the situation worse.

Beyond the potential for voter fraud, the Republicans also point to other possible election issues, including double voting and ballots being submitted by people who are not eligible to vote.

The Republicans provide background for their complaint, explaining that the state governor issued an executive order that dictated the November election would be held largely by mail in New Jersey.

The move was reportedly made in an effort to help slow the spread of the coronavirus and lessen the burden for voters who wish to participate in the electoral process but do not want to imperil their health by standing in long poll lines with many other people.

The New Jersey governor stated in the order that the decision to move to mostly voting by mail would help protect not only voters, but poll workers and political candidates.

However, the Republicans say this is just a front, and that in reality these decisions are more an effort to secure Democratic wins in November.

They note that though New Jersey has moved to voting by mail, coronavirus restrictions have been largely loosened around the state, indicating the governor is not as concerned about the coronavirus as he states.

To support this claim, the Republicans state the Democratic Party has largely been in favor of voting by mail and say that this support plus the governor’s move is not just coincidence. 

Further challenging the voting-by-mail order, the Republicans say the measure violates the United States Constitution.

They call the move a “brazen power grab,” saying it was not authorized by New Jersey state law, as is required by the Elections Clause and the Electors Clause of the Untied States Constitution. 

The New Jersey Election Day fraud class action lawsuit says the executive order further violates the Constitution by violating eligible citizens’ right to vote, which is guaranteed by the Constitution.

After saying voting by mail in the election could promote fraud, duplicate ballots and votes by ineligible individuals, they say these invalid votes would “dilute the votes of honest citizens,” effectively depriving them of the right to vote.

They say the effect of this will be voter disenfranchisement.

Allegedly, the New Jersey governor is aware of the fraud that can result from voting by mail.

The Republicans say “countless individuals have been convicted of voter fraud tied to absentee ballots” in just the last 10 years.

Furthermore, the Republicans say these problems were made apparent as recently as May, when New Jersey held local elections.

They explain that the attorney general charged four people in Paterson, N.J., from trying to collect and mail in hundreds of absentee ballots to swing the election in their favor.

They say these people included a candidate for city council as well as a sitting city council member.

This instance of voter fraud reportedly provided a “crisis in Paterson,” and required that the election be redone. 

The Republicans say this experience alone should have told the governor just how dangerous and ineffective voting by mail can be, and yet he has chosen to move ahead with voting by mail in November.

CNN reported on this legal news, saying that despite Trump’s repeated protestations that voting by mail would lead to voter fraud, such fraud is actually quite rare in the United States, and that no widespread voter fraud exists in the U.S.

Are you planning on voting by mail in November? How has your state adapted to the coronavirus pandemic? Share your experiences in the comments below.

President Donald Trump’s re-election campaign is represented by Thomas R. McCarthy, Bryan Weir and Cameron T. Norris of Consovoy McCarthy PLLC and Michael L. Testa Jr. of Testa Heck Testa & White PA.

The New Jersey Voting By Mail November Election Lawsuit is Donald J. Trump for President Inc., et al. v. Philip D. Murphy, et al., Case No. 3:20-cv-01753, in the U.S. District Court for the District of New Jersey.

Read About More Class Action Lawsuits & Class Action Settlements:

Trump Sues Nevada Over Mail-In Ballots

Trump Admin Faces Lawsuit Over USPS Rollbacks Ahead of Voting by Mail

New Laws Aim to Protect California Students from Sexual Assault

What is California’s Law on Recording Phone Calls?