Powell’s efforts come on the “safe harbor” day, which federal statute says is the final day for election disputes to be resolved before Congress is bound to accept the results.
“Plaintiffs request this Court immediately transmit this notice of appeal to the Eleventh Circuit so that that court may docket the matter,” Powell said in her notice of appeal, “thus enabling Plaintiffs to proceed as quickly as possible to have these urgent issues of national importance addressed.”
Timing has been a problem for Powell thus far.
On Monday, U.S. District Court Judge Timothy Batten dismissed the lawsuit during a hearing, citing Powell’s clients’ delay in bringing their claims. That same day, a Michigan federal judge denied Powell’s request for an injunction blocking state officials from sending the current results to the Electoral College.
“The time has passed to provide most of the relief Plaintiffs request in their Amended Complaint; the remaining relief is beyond the power of any court,” Judge Linda Parker wrote, concluding that the case is moot. She further said that the plaintiffs’ claims in that case were barred because they had failed to follow the proper procedure at the proper time.
“Plaintiffs did not avail themselves of the remedies established by the Michigan legislature. The deadline for them to do so has passed,” the judge said. “Any avenue for this Court to provide meaningful relief has been foreclosed.”
The Georgia lawsuit alleged widespread fraud in November’s election, including foreign interference, problems with absentee ballots, and the use of ballot machines to switch votes from one candidate to another.