FILE – Republican presidential nominee former President Donald Trump speaks along the southern border with Mexico, on Aug. 22, 2024, in Sierra Vista, Ariz. (AP Photo/Evan Vucci, File)Read More
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FILE – Republican presidential nominee former President Donald Trump speaks along the southern border with Mexico, on Aug. 22, 2024, in Sierra Vista, Ariz. (AP Photo/Evan Vucci, File)Read More
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FILE – Republican presidential candidate former President Donald Trump greets members of the National Guard on the U.S.-Mexico border, Feb. 29, 2024, in Eagle Pass, Texas. (AP Photo/Eric Gay, File)Read More
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FILE – Republican presidential candidate former President Donald Trump gets members of the National Guard at Shelby Park during a visit to the U.S.-Mexico border, on Feb. 29, 2024, in Eagle Pass, Texas. (AP Photo/Eric Gay, File)Read More
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FILE – Republican presidential candidate former President Donald Trump talks with Texas Gov. Greg Abbott during a visit to the U.S.-Mexico border, on Feb. 29, 2024, in Eagle Pass, Texas. (AP Photo/Eric Gay)Read More
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In this July 8, 2019, photo, a U.S. Immigration and Customs Enforcement (ICE) officers detain a man during an operation in Escondido, Calif. (AP Photo/Gregory Bull)Read More
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FILE – In this Aug. 20, 2019, file photo, Guatemalans who were deported from the United States arrive to La Aurora International airport in Guatemala City. (AP Photo/Moises Castillo, File)Read More
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FILE – A migrant woman cries as she talks on a cellphone at a park after she and a large group of deportees from the U.S. were pushed by Mexican authorities off an area they had been staying after their expulsion, Saturday, March 20, 2021, in Reynosa, Mexico. (AP Photo/Julio Cortez)Read More
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FILE – Guatemalan men who were deported from the United States, board a bus after arriving at the Air Force Base in Guatemala City, on July 16, 2019. (AP Photo/Moises Castillo, File)Read More
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FILE – A group of migrants rest on a gazebo at a park after the deportees from the U.S. were pushed by Mexican authorities off an area they had been staying after their expulsion, on March 20, 2021, in Reynosa, Mexico. (AP Photo/Julio Cortez, File)Read More
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FILE – Asylum-seeking migrants line up in a makeshift, mountainous campsite to be processed after crossing the border with Mexico, Friday, Feb. 2, 2024, near Jacumba Hot Springs, Calif. (AP Photo/Gregory Bull, File)Read More
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FILE – Migrants wait to be processed by the U.S. Customs and Border Patrol after they crossed the Rio Grande and entered the U.S. from Mexico, on Oct. 19, 2023, in Eagle Pass, Texas. (AP Photo/Eric Gay, File)Read More
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FILE – Migrants wait to be processed after crossing into the United States near the end of a border wall, on Aug. 23, 2022, near Yuma, Ariz. (AP Photo/Gregory Bull)Read More
By ELLIOT SPAGATUpdated 1:22 AM GMT+6, September 23, 2024Share
SAN DIEGO (AP) — Donald Trump has long pledged to deport millions of people, but he’s bringing more specifics to his current bid for the White House: invoking wartime powers, relying on like-minded governors and using the military.
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Trump’s record as president shows a vast gulf between his ambitions and the legal, fiscal and political realities of mass deportations of people in the United States illegally — 11 million in January 2022, by the Homeland Security Department’s latest estimate. Former President Barack Obama carried out 432,000 deportations in 2013, the highest annual total since records were kept.
Deportations under Trump never topped 350,000. But he and his chief immigration policy architect, Stephen Miller, have offered clues in interviews and rallies of taking a different approach if they are returned to power in November. They could benefit from lessons learned during their of four years in office and, potentially, from more Trump-appointed judges.
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“What Trump seems to be contemplating is potentially lawful,” said Joseph Nunn, counsel at the Brennan Center for Justice at New York University’s School of Law. “There might not be a lot of legal barriers. It is going to be logistically extraordinarily complicated and difficult. The military is not going to like doing it and they are going to drag their feet as much as they can, but it is possible, so it should be taken seriously.”
The Trump campaign, asked how his pledge would be carried out, said Trump would begin the largest deportation program in U.S. history, without elaborating in detail. Karoline Leavitt, a spokeswoman, said Trump “would marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers.”
How would Trump overcome inevitable legal challenges?
Trump has said he would invoke the Alien Enemies Act, a 1798 law that allows the president to deport any noncitizen from a country that the U.S. is at war with.
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Texas Gov, Greg Abbott has advanced a theory that illegal immigration amounts to an invasion to justify state enforcement measures, so far without success, but legal scholars say judges may be reluctant to second-guess what a president considers a foreign aggression.
The sweeping Alien Enemies Act authority may sidestep a law that bans the military from civilian law enforcement.
Trump has said he would focus on deploying the National Guard, whose troops can be activated on orders of a governor. Miller says troops under sympathetic Republican governors would send troops to nearby states that refuse to participate.
“The Alabama National Guard is going to arrest illegal aliens in Alabama and the Virginia National Guard in Virginia. And if you’re going to go into an unfriendly state like Maryland, well, there would just be Virginia doing the arrest in Maryland, right, very close, very nearby,” Miller said last year on “The Charlie Kirk Show.”
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The military has been peripherally involved at the border since President George W. Bush’s administration with activities that are not deemed to be law enforcement, such as surveillance, vehicle maintenance and installing concertina wire.
Nunn, of New York University’s Brennan Center, said Trump may look to 2020, when he ordered the National Guard to disperse peaceful Black Lives Matter protests near the White House, despite the mayor’s opposition. Trump did so without invoking the 18th-century war powers law, but the District of Columbia’s federal status gives the president outsized authority to act.
AP’s Role: The Associated Press is the most trusted source of information on election night, with a history of accuracy dating to 1848. Learn more.
Trump may also contend with rights afforded under immigration law and court rulings that took shape after 1798, including a right to seek asylum that became law in 1980. Under a 2001 Supreme Court ruling, people in the country illegally can’t be detained indefinitely if there is no reasonable chance their countries will take them back. Cuba, Venezuela, Nicaragua and others are either slow to accept their citizens or refuse.
How would Trump pay for this?
U.S. Immigration and Customs Enforcement is funded by Congress for 41,500 detention beds this year, raising questions about where Trump would house people before they board deportation flights and how long they could hold them if countries refuse to take them back. Miller floated the idea of “large-scale staging grounds near the border, most likely in Texas.”
ICE officers are painstakingly deliberate, researching backgrounds of their targets and prioritizing people with criminal convictions. They try to capture suspects outside their homes because they generally work without court warrants and people don’t have to let them inside.
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A single arrest may require hours of surveillance and research, a job that one ICE official likened to watching paint dry.
“On practical level, it will be nearly impossible for (Trump) to do the things he’s talking about, even if could bring in the military,” said John Sandweg, a senior Homeland Security Department official in the Obama administration.
Obama’s deportation numbers were made possible by local police who turned people over to ICE, but many state and local governments have since introduced limits on cooperation with federal immigration authorities. Obama’s presidency also predated a surge of asylum-seekers at the border, which drained limited resources of the Trump and Biden administrations.
How would a mass deportation drive fare politically?
While many support Trump’s plans, mass deportation could tear apart families, exacerbate labor shortages and uproot people with deep ties to their communities. Pew Research Center estimates 70% of households with at least one person in the United States illegally also have someone in the country legally.
Military leaders are likely to resist because it would undercut other priorities and damage morale, Nunn said.
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“The military is going see this and say this is not the kind of duty that soldiers signed up for,” he said. “This is getting the military involved in domestic politics in a way the military doesn’t like to do.”
Adam Goodman, associate professor of history and Latin American studies at the University of Illinois, Chicago, who has written about deportations, said a threat of a mass expulsion can have a serious impact even if it isn’t carried out. He thinks it is highly unlikely that Trump can do what he promises but it can strike fear in immigrant communities.
In June 2019, Trump announced ICE would “begin the process of removing the millions of illegal aliens” the following week. A month later, the agency said it targeted about 2,100 people, resulting in 35 arrests, indicating the president’s plans fell far short but only after they generated widespread concern in immigrant communities.
Trump himself acknowledged the political perils during an interview Sunday with journalist Sharyl Attkisson. “You put one wrong person onto a bus or onto an airplane and your radical left lunatics will try and make it sound like it’s the worst thing that’s ever happened,” Trump said, before repeating his pledge: “But we’re getting the criminals out. And we’re going to do that fast.”
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Associated Press writer Nicholas Riccardi in Denver contributed to this report.
People stand in line during the last day of early voting, Saturday, Nov. 2, 2024, in Charlotte, N.C. (AP Photo/Mike Stewart)Read More
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Voters line up to vote as a early voting location opened in Carmel, Ind., Wednesday, Oct. 23, 2024. (AP Photo/Michael Conroy)
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A person walks past a sign during early voting in the general election, Friday, Nov. 1, 2024, in Fall River, Mass. (AP Photo/Steven Senne)
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An election worker demonstrates mail-in ballot processing during a media preview at the Philadelphia Election Warehouse, in Philadelphia, Friday, Oct. 25, 2024. (AP Photo/Matt Rourke)
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A voter fills out their their ballot during early voting in the general election, Friday, Nov. 1, 2024, in Fall River, Mass. (AP Photo/Steven Senne)
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People line up to vote at the Chicago Early Voting Loop Supersite in Chicago, Thursday, Oct. 24, 2024. (AP Photo/Nam Y. Huh)
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Bennett College student Zairen Jackson listens to a fellow student answer a question during a roundtable in Greensboro, N.C., Tuesday, Oct. 8, 2024. (AP Photo/Chuck Burton)
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FILE – A Delaware County secured drop box for the return of vote-by-mail ballots is pictured, May 2, 2022, in Newtown Square, Pa. (AP Photo/Matt Rourke, File)
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An elections official sorts counted mail-in ballots on the first day of tabulation, Wednesday, Oct. 23, 2024, at the Maricopa County Recorder’s Office in Phoenix. (AP Photo/Matt York)
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People wait in line to cast their ballots at an early voting location, Thursday, Oct. 31, 2024, in Blue Springs, Mo. (AP Photo/Charlie Riedel)
BY CHRISTINA A. CASSIDY AND ALI SWENSONUpdated 11:05 AM GMT+6, November 5, 2024
WASHINGTON (AP) — Election Day 2024 arrived Tuesday — with tens of millions of Americans having already cast their ballots. Those include record numbers in Georgia, North Carolina and other battleground states that could decide the winner.
The early turnout in Georgia, which has flipped between the Republican and Democratic nominees in the previous two presidential elections, has been so robust — over 4 million voters — that a top official in the secretary of state’s office said the big day could look like a “ghost town” at the polls.
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As of Monday, Associated Press tracking of advance voting nationwide showed roughly 82 million ballots already cast — slightly more than half the total number of votes in the presidential election four years earlier. That’s driven partly by Republican voters, who were casting early ballots at a higher rate than in recent previous elections after a campaign by former President Donald Trump and the Republican National Committee to counter the Democrats’ longstanding advantage in the early vote.
That included in the parts of western North Carolina hammered last month by Hurricane Helene. State and local election officials, benefiting from changes made by the Republican-controlled legislature, pulled off a herculean effort to ensure residents could cast their ballots as they dealt with power outages, lack of water and washed out roads.
By the time early voting in North Carolina had ended on Saturday, over 4.4 million voters — or nearly 57% of all registered voters in the state — had cast their ballots. As of Monday, turnout in the 25 western counties affected by the hurricane was even stronger at 59% of registered voters, state election board Executive Director Karen Brinson Bell said.
Brinson Bell called the voters and election workers in the hurricane-hit counties “an inspiration to us all.”
Besides the hurricanes in North Carolina and Florida, the most worrisome disruptions to the election season so far were arson attacks that damaged ballots in two drop boxes near the Oregon-Washington border. Authorities there were searching for the person responsible.
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The absence of any significant, widespread problems has not stopped Trump, the Republican nominee, or the RNC, which is now under his sway, from making numerous claims of fraud or election interference during the early voting period, a possible prelude to challenges after Election Day.
He has mischaracterized an investigation underway in Pennsylvania into roughly 2,500 potentially fraudulent voter registration applications by saying one of the counties was “caught with 2600 Fake Ballots and Forms, all written by the same person.” The investigation is into registration applications; there is no indication that ballots are involved.
In Georgia, Republicans sought to prohibit voters from returning mailed ballots to their local election office by the close of polls on Election Day, votes that are allowed under state law. A judge rejected their lawsuit over the weekend.
One case of noncitizen voting was caught during early voting last month and resulted in felony charges in Michigan after a student from China cast an illegal early ballot.
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This is the first presidential vote since Trump lost to Joe Biden four years ago and began various attempts to circumvent the outcome and remain in power. That climaxed with the violent Jan. 6, 2021, attack on the U.S. Capitol to halt certification of the results after Trump told his supporters to “fight like hell.”
Seeking to rebuild voter confidence in a system targeted with false claims of widespread fraud, Republican lawmakers in more than a dozen states since 2020 have passed new voting restrictions. Those rules include shortening the window to apply or return a mail ballot, reducing the availability of ballot drop boxes and adding ID requirements.
Vice President Kamala Harris urged voters not to fall for Trump’s tactic of casting doubt on elections. The Democratic nominee told supporters at a weekend rally in Michigan that the tactic was intended to suggest to people “that if they vote, their vote won’t matter.” Instead, she urged people who had already cast ballots to encourage their friends to do the same.
While there have been no major reports of any malicious cyberactivity affecting election offices, foreign actors have been active in using fake social media profiles and websites to drum up partisan vitriol and disinformation. In the final weeks, U.S. intelligence officials have attributed to Russia multiple fake videos alleging election fraud in presidential swing states.
On the eve of Election Day, they issued a joint statement with federal law enforcement agencies warning that Russia in particular was ramping up its influence operations, including in ways that could incite violence, and likely would continue those efforts well after the votes have been cast.
Jen Easterly, the nation’s top election security official, urged Americans to rely on state and local election officials for information about elections.
“This is especially important as we are in an election cycle with an unprecedented amount of disinformation, including disinformation being aggressively peddled and amplified by our foreign adversaries at a greater scale than ever before,” she said. “We cannot allow our foreign adversaries to have a vote in our democracy.”
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The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.
A woman holds up her sticker that signifies that she has officially voted in the state of Georgia, Thursday, Oct. 31, 2024, in Atlanta. (AP Photo/Jason Allen)
Updated 5:13 AM GMT+6, November 5, 2024
ATLANTA (AP) — Thousands of voters in Georgia’s third-largest county who received their absentee ballots late will not get an extension to return them, the state’s highest court decided on Monday.
Cobb County, just north of Atlanta, didn’t mail out absentee ballots to some 3,400 voters who had requested them until late last week. Georgia law says absentee ballots must be received by the close of polls on Election Day. But a judge in a lower court ruled last week that the ballots at issue could be counted if they’re received by this Friday, three days after Election Day, as long as they were postmarked by Tuesday.
The Georgia Supreme Court ruling means the affected Cobb County residents must vote in person on Election Day, which is Tuesday, or bring their absentee ballots to the county elections office by 7 p.m. that day.
The high court ruling instructs county election officials to notify the affected voters by email, text message and in a public message on the county election board’s website. And it orders officials to keep separate and sealed any ballots received after the Election Day deadline but before 5 p.m. Friday.
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Board of elections Chair Tori Silas said the board will comply with the Supreme Court order, but it’s still up in the air whether ballots received after Election Day will be counted. The order only addressed a motion for a stay, so election officials will have to wait for the court’s final ruling to see whether votes received after Tuesday will be counted, she said in a statement.
To deliver the ballots on time, election officials in Cobb County were using U.S. Postal Service express mail and UPS overnight delivery, and sending the ballots with prepaid express return envelopes. The Board of Elections said that more than 1,000 of the absentee ballots being mailed late were being sent to people outside of Georgia.
Silas last week blamed the delay in sending out the ballots on faulty equipment and a late surge in absentee ballot requests during the week before the Oct. 25 deadline.
The original ruling extending the deadline stemmed from a lawsuit filed by the American Civil Liberties Union and the Southern Poverty Law Center on behalf of three Cobb County voters who said they had not received absentee ballots by mail as of Friday.
Elon Musk is pledging to give away $1 million a day to voters for signing his political action committee’s petition backing the Constitution. The giveaway by the Donald Trump supporter is raising questions among some who say it’s a violation of the law.Read More
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America PAC lawyer Chris Gober speaks with members of the media ahead of a hearing at a City Hall courtroom in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)
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Elon Musk speaks before Republican presidential nominee former President Donald Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Alex Brandon)
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Philadelphia District Attorney Larry Krasner arrives for a hearing at a City Hall courtroom, in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)
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America PAC lawyer Chris Gober speaks with members of the media ahead of a hearing at a City Hall courtroom in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)
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Elon Musk speaks before Republican presidential nominee former President Donald Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Evan Vucci)
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Philadelphia District Attorney Larry Krasner, third from right, arrives for a hearing at a City Hall courtroom, Thursday, Oct. 31, 2024, in Philadelphia. (AP Photo/Matt Rourke)
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BY MARYCLAIRE DALEUpdated 4:19 AM GMT+6, November 5, 2024Share
PHILADELPHIA (AP) — The $1 million-a-day voter sweepstakes that Elon Musk ‘s political action committee is hosting in swing states can continue through Tuesday’s presidential election, a Pennsylvania judge ruled Monday.
Common Pleas Court Judge Angelo Foglietta — ruling after Musk’s lawyers said the winners are paid spokespeople and not chosen by chance — did not immediately explain his reasoning.
District Attorney Larry Krasner, a Democrat, had called the process a scam “designed to actually influence a national election” and asked that it be shut down.
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Musk lawyer Chris Gober said the final two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.
“The $1 million recipients are not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Chris Young, the director and treasurer of America PAC, testified that the recipients are vetted ahead of time, to “feel out their personality, (and) make sure they were someone whose values aligned” with the group.
Musk’s lawyers, defending the effort, called it “core political speech” given that participants sign a petition endorsing the U.S. Constitution. They also said Krasner’s bid to shut it down under Pennsylvania law was moot because there would be no more Pennsylvania winners before the program ends Tuesday.
Young also acknowledged that the PAC made the recipients sign nondisclosure agreements.
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“They couldn’t really reveal the truth about how they got the money, right?” Summers asked.
“Sounds right,” Young said.
In an Oct. 20 social media post shown in court, Musk said anyone signing the petition had “a daily chance of winning $1M!”
Summers grilled him on Musk’s use of both the words “chance” and “randomly,” prompting Young to concede the latter was not “the word I would have selected.”
Young said the winners knew they would be called on stage but not specifically that they would win the money.
“This was all a political marketing masquerading as a lottery,” Krasner testified Monday. “That’s what it is. A grift.”
Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, starting on Oct. 19, came from Pennsylvania in the days leading up to the state’s Oct. 21 voter registration deadline.
Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It’s not clear if anyone has yet received the money. The PAC pledged they would get it by Nov. 30, according to an exhibit shown in court.
More than 1 million people from the seven states have registered for the sweepstakes by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner questioned how the PAC might use their data, which it will have on hand well past the election.
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“They were scammed for their information,” Krasner said. “It has almost unlimited use.”
Krasner’s team called Musk “the heartbeat of America PAC,” and the person announcing the winners and presenting the checks.
“He was the one who presented the checks, albeit large cardboard checks. We don’t really know if there are any real checks,” Summers said.
Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.
Krasner has said he could still consider criminal charges, as he’s tasked with protecting both lotteries and the integrity of elections.
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Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned Monday in the final hours of the campaign.
Krasner — who noted that he has long driven a Tesla — said he could also seek civil damages for the Pennsylvania registrants. Musk is the CEO and largest shareholder of Tesla. He also owns the social media platform X, where America PAC has published posts on the sweepstakes, and the rocket ship maker SpaceX.
Dale covers national legal issues for The Associated Press, often focusing on the federal judiciary, gender law, #MeToo and NFL player concussions. Her work unsealing Bill Cosby’s testimony in a decade-old deposition led to his arrest and sexual assault trials.