Five failed Republican candidates - three for Congress and two for state representative - today sued the state over the Nov. 3 elections and demanded a judge order more than half of all Massachusetts ballots be thrown out or that an entirely new election be held, not just for the posts they lost by overwhelming numbers but for the presidential and senate elections as well.
The candidates, who joined together to file their suit in US District Court in Boston without a lawyer, used many of the same arguments used in failed Trump efforts in other states to overturn election results: That early voting is unconstitutional in Massachusetts and that the voting machines used in most communities are subject to tampering. They also charge their rights to equal protection were irreparably harmed by early voting because it benefited incumbents.
And because early voting is unconstitutional, roughly 2 million of the 3.6 million votes cast in the entire state should simply be tossed, even if their individual races, in which they obviously would have won without unconstitutional early votes, only covered small portions of the state.
In similar cases in other states, federal judges have, so far, rejected pretty much every suit, partly because the plaintiffs waited too long to file their suits, either after results have already been certified, as they have been in Massachusetts, or after voters already have used voting methods that were used in previous elections, such as early voting, which Massachusetts has used before.
In one of the more recent cases, in Michigan, a federal judge dismissed a similar case in part because of those issues, in part because federal court is the wrong place to contest state election laws, and that even if the plaintiffs could prove their case, which she said they couldn't, that "does not entitle them to seek their requested remedy because the harm of having one’s vote invalidated or diluted is not remedied by denying millions of others their right to vote."
The plaintiffs include John Paul Moran, who failed in a bid against Seth Moulton in the 6th District, Helen Brady, who failed in a bid against Bill Keating in the 9th District and Caroline Colarusso, who failed in a bid against Katherine Clark in the 5th District. Also named as plaintiffs: Ingrid Centurion and Craig Valdez, losers in state-rep races in Middlesex and Plymouth counties, respectively.
Complete complaint (1.1M PDF).