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Changing vote counts after Election Day raises significant legal and

constitutional concerns, and President Trump should use every legal and

constitutional remedy to ensure that the American people can trust the results.


Meanwhile, the media, including social media platforms like Twitter and

Facebook, are inaccurately labeling Biden as president-elect. No official sources

have called the election. Federal law and the Constitution limit official sources to

state officials, the Electoral College, and, ultimately, Congress. Thankfully, the

Constitution does not give the media the ability to declare the winner of a

presidential election.


We have long warned of the chaos and increased risk of fraud from recklessly

mailing 100 million ballots and ballot applications. Our most recent research, in

September, revealed that 353 U.S. counties had 1.8 million more registered

voters than eligible voting-age citizens. In other words, the registration rates of

those counties exceeded 100% of eligible voters. The study collected the most

recent registration data posted online by the states themselves. This data was

then compared to the Census Bureau’s most recent five-year population

estimates, gathered by the American Community Survey (ACS) from 2014

through 2018. ACS surveys are sent to 3.5 million addresses each month, and its

five-year estimates are considered to be the most reliable estimates outside of

the decennial census.


It is not normal for multiple states to be counting presidential votes for days after

Election Day. And it raises significant concerns about the validity of post-election

counts. Federal law seems clear that the presidential contest is supposed to be

decided by Election Day. For example, 3 U.S. Code § 1 states:


"The electors of President and Vice President shall be appointed, in each State,

on the Tuesday next after the first Monday in November, in every fourth year

succeeding every election of a President and Vice President."