Retired veteran Republican election lawyer Ben Ginsberg on Sunday said the 2020 presidential election is creating a “nightmare scenario” of a prolonged vote count.
In an interview on NBC News’ “Meet The Press,” Ginsberg said the election is “putting a huge amount of faith in the Postal Service to deliver” absentee ballots to voters.
“What's different about 2020 is the onslaught of absentee ballots and the number of states that have extended the deadline for when those ballots can come in — postmarked on Election Day, but when they can come in,” he said.
“That's putting a huge amount of faith in the Postal Service to deliver the ballots. So I guess my nightmare scenario is there's a prolonged count because of all the absentee ballots.
“And then lo and behold, after whatever that deadline is in the state — three days after the election, a week after the election — a bunch of ballots come in that the post office just kind of lost. And so it's not the fault of the voter that those votes weren't counted. What do you do then? That bumps into the Electoral College deadlines.”
Ginsberg said one case before the Supreme Court of the United States could prove crucial in the election.
“Safeguards in state law to be sure that the person who cast the ballot really is the person who signed the envelope,” he explained.
“It's important to have those rules down. The way … absentee ballots will be collected is very important to have down. There's a phenomenon called ballot harvesting. There's a case up before the Supreme Court. Precisely who can get absentee ballots and turn them in needs to be known in each state.”
According to Ginsberg, this year’s election is different not just because of the COVID-19 pandemic.
The voting is “also a recognition that states and counties which do administer elections have safeguards in their laws to be sure that people can take credibility in the results of the election,” he said.
“There are questions about the credibility of the election results, which makes those safeguards in state laws important to be sure that they're in place and known,” he added.
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