Election attorney: Path for possible challenge of vote count not clear

Mail-in ballots are being processed in several battleground states, but President Trump said he wants ballot counting to stop in some of them and his campaign will be bringing a challenge to the United States Supreme Court.

President Trump said during an address, in the wee hours of Wednesday morning, "We want the law to be used in a proper manner so we will be going to the U.S. Supreme Court, we want all voting to stop."

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Election attorney David Singer, of the Shumaker Firm, says laws in Wisconsin and Michigan required ballots to arrive at supervisors of elections' offices by the time the polls closed in order to be counted. 

Singer said North Carolina and Pennsylvania will count ballots that arrive after Election Day, as long as they are postmarked by November 3. Pennsylvania was told by the courts it had to wait to start counting mail ballots until Election Day and must wrap up within three days.

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The Trump campaign already filed a lawsuit in Michigan, demanding counting stop until the campaign can have more observers present.

Singer says it’s too early to understand what a Supreme Court challenge would look like.

“It appeared that the president didn’t want validly cast ballots to be counted,” Singer told FOX 13. “It’s unknown at this point what their case is going to be, there is this broad category of general unfairness that is undefined.”  

Singer also said, so far, court precedent from the 2000 Florida recount doesn’t matter.

“You can’t compare the two at all. The challenge was about the recounting of votes; it was not about the initial counting of votes.”