Hillary is hoping her party can put off another Al Franken as she joins Jill Stein and Hillary’s money to challenge the vote count. Marc E. Elias, a criminal lawyer (No, he doesn’t represent criminals. Figure that out for yourself) has stated that Hillary has already joined in the recount of Wisconsin. She lost the state by about 27,000 votes. Elias said that Hillary will join Stein in contesting Pennsylvania and Michigan , too. Trump won Pennsylvania by over 68,000 votes.
Pennsylvania does not allow candidate initiated recounts unless the margin of victory is under 1/2 of 1 %.
While candidates cannot file a direct request for a recount, they may appeal the “order or decision of any county board regarding the computation or canvassing of the returns of any primary or election, or regarding any recount or recanvass thereof.” During the appeal process, the court may determine that a recount is necessary. See 25 P.S. 3157.
In order to get an actual recount, they have to prove to a judge one is necessary by producing proof the count is wrong.
Michigan gets tricky. Clinton can’t claim voting machine fraud because Michigan doesn’t use voting machines. She would then have to claim that an error by the canvassing board exists. That’s hard to do since the canvassing board just did a painstaking count of all the votes.
A candidate for an office canvassed by the board of state canvassers or is the office of representative in Congress, state representative, or state senator for a district located wholly within 1 county may petition for a recount of the votes. The petition must allege that the candidate is “aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns.” Mich. Comp. Laws 168.879(1).
Section 168.879 also applies to elections for electors for president and vice president since they are canvassed by board of state canvassers. Mich. Comp. Laws 168.841. However, presidential primary candidates are explicitly excluded. Mich. Comp. Laws 168.879a.
Stein would have to file for a recount tomorrow. Otherwise the results will be certified and Clinton couldn’t win. She needs to reverse all three.
The odds of doing that are low, so why are they doing it? It could be to run out the clock. By asking for recounts on the last possible day, they could put the states in a position that they cannot do the recounts before the last day they can be certified and their electoral votes won’t be counted. That would throw it to the House, which of course would elect Trump but then the democrats will claim Trump was selected and not elected.