“Charges of unfairness are serious,” he said in his ruling on Friday. "But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."
The case suggested poll watchers did not have access to the vote-counting process, and that the state illegally allowed counties to decide whether voters could fix mail-in ballots with missing signatures or secrecy envelopes.
“Yet its allegations are vague and conclusory,” the judge said. “It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes. And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal.”
The judge argued that the number of ballots that the campaign has targeted is far smaller than the margin of victory for it to have any meaningful impact.
“And it never claims fraud or that any votes were cast by illegal voters,” Judge Bibas said. “Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised."
In the lower-court ruling, US District Judge Matthew Brann called the campaign’s filings “Frankenstein’s monster” that was “haphazardly stitched together”, in his rejection of Mr Giuliani’s attempt to amend the complain a second time. Friday’s ruling agreed with that decision.