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Halloween is over, but the election litigation is getting really scary

5 1
02.11.2024

“Something wicked this way comes.” Those words from William Shakespeare’s “Macbeth” capture a certain dread that takes hold of some of us tasked with covering the legal elements of the presidential election.

Just as Halloween ended, things in the days leading into Election Day have begun to get...well, spooky. Call it election jitters, but some of us have been here before.

More than 200 cases have been filed around the country before the election this year. In the last week, worrisome elements have begun to pop up in various swing states.

Over the last couple of decades, I have covered presidential elections for three networks (as I will do for Fox News in this election). The lead-up to elections always includes a flurry of lawsuits. As the voting margin shrinks between the parties, the number of lawyers increases.

Some lawsuits are important efforts to make changes to remove barriers for voters or the counting of early balloting. For example, on Friday an emergency lawsuit filed by the American Civil Liberties Union secured an order for election officials in Cobb County, Ga., to overnight mail ballots to roughly 3,000 citizens and to guarantee that they be counted after a snafu by election officials. Other lawsuits are what I call "placeholders," where campaigns establish areas of concern to be able to reference later in any specific challenges on or after Election Day.

The Supreme Court has already intervened to stop an effort by the Biden-Harris administration to force Virginia to put people back on the voting rolls who had identified themselves as non-citizens. It is a crime for non-citizens to vote. Although Virginia allows any mistaken information to be corrected (and also allows for challenged voters to file provisional ballots), lower courts ordered Virginia to enable people to vote who had said they were not citizens.

Critics charge that the case is the continuation of the administration's unrelenting attacks on voter identification and proof of citizenship laws, even though 84 percent of Americans support such laws. In California, Governor Gavin Newsom and Democratic legislators actually made........

© The Hill


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