Biden Team: We Have The Votes “Based On Data,” Trump's Attacks "Certain To Fail"

The Biden campaign said it had "legal teams standing by" if Trump attempts to contest the election in court.

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Getty Images

Democratic presidential nominee Joe Biden’s campaign team on Wednesday assured supporters that the candidate appears to have enough votes in key battleground states to win the election, as President Trump repeated his false claims that voters’ uncounted ballots are fraudulent. 

Americans woke up, many anxiously if they slept at all, without a presidential election winner after voting concluded on Tuesday. The delayed final result had been expected because of a record amount of early votes and mail-in ballots, which can take longer to count, cast during the COVID-19 pandemic. 

Trump was behind in both the electoral college tally and the popular vote as of early Wednesday.

“Joe Biden is on track to win this election, and he will be the next president of the United State,” said Biden campaign manager Jen O'Malley Dillon during a briefing. “We believe we are on a clear path to victory. By this afternoon, we expect that the vice president will have leads in states that put him over 270 electoral votes. 

She added: “Today, the vice president will garner more votes than any presidential candidate in history, and we’re still counting.”

O'Malley Dillon said Biden is on track to win in Wisconsin, Michigan, and Pennsylvania  — all states that Trump won in 2016. 

The Biden team’s update came after Trump falsely declared victory in the race early Wednesday during a speech from the White House. Trump said he wanted “all voting to stop” and that he will take that demand to the Supreme Court, even though there are laws in every state that allow officials time to certify election results.

 "We are speaking not falsely as Trump did last night, we're speaking clearly based on the data in the states,” O'Malley Dillon said.

The president on Wednesday also tweeted that “surprise ballot dumps were counted” in key states, which Twitter labeled as misleading and made less visible on the platform.

O'Malley Dillon said in a statement earlier Wednesday that if Trump contests the election in court, Biden has “legal teams standing by ready to deploy to resist that effort.” Politico also previously reported that Biden’s campaign has been fundraising to cover legal fees in case post-election disputes drag out in court.

Remaining, competitive states — including Wisconsin, Michigan, Pennsylvania, Georgia, North Carolina — are still counting ballots as of Wednesday. Michigan Sec. of State Jocelyn Benson said Wednesday that she expects votes to be counted by end of day, which was earlier than expected.

Biden campaign adviser Bob Bauer said during the Wednesday briefing that the president’s threats to challenge voters’ intent and “undermine democracy” are “certain to fail.”

Pennsylvania Gov. Tom Wolf (D) spoke Wednesday to assure voters that their ballots will be counted. Election officials have said ballot counts could be completed by Friday, while O'Malley Dillon said the Biden team could know whether they won the state by the end of Wednesday.

“Every Pennsylvanian can have confidence in the outcome of this election,” Gov. Wolf said. “Rest assured your vote will be counted, if it hasn’t already been counted.”

Election officials process mail-in ballots by hand, and they can take longer to tabulate, as most states don’t start counting mail ballots until Election Day. The likelihood that more Democratic votes will be counted later doesn’t mean the results are flawed or fraudulent. GOP lawmakers in key swing states, including Pennsylvania and Michigan, have outlawed early counting of mail ballots.

Data shows that Biden supporters and registered Democrats were far more likely to vote by mail this year than Trump supporters, given the stark difference in messaging about voting methods between the two parties during the COVID-19 pandemic.