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Election Day is November 8, but legal challenges already begin
Rolls of "I Voted Early" stickers await voters in the final hours of early voting in the primary election in Noblesville, Indiana, May 2, 2022. Election Day is still 12 days away. But in courtrooms across the country, efforts to sow doubt over the outcome have already begun. (AP Photo/Michael Conroy, File)
Latest News
October 27, 2022

Election Day is November 8, but legal challenges already begin

WASHINGTON (AP) — Election Day is 12 days away. But in courtrooms across the country, efforts to sow doubt over the outcome have already begun.

More than 100 lawsuits have been filed this year around the upcoming midterm elections. The suits, largely by Republicans, target rules over mail-in voting, early voting, voter access, voting machines, voting registration, the counting of mismarked absentee ballots and access for partisan poll watchers.

It’s the most litigation ever before an election and it’s likely a preview of a potentially contentious post-election landscape. The strategy was born in part of the failure of allies of former President Donald Trump to successfully challenge and overturn the free and fair results of the 2020 presidential election.

But while the 2020 election effort was an ad hoc response fronted by a collection of increasingly ill-prepared lawyers that included Rudy Giuliani, today’s effort is a more formalised, well-funded and well-organised campaign run by the Republican National Committee and other legal allies with strong bona fides. Party officials say they are actively preparing for recounts, contested elections and more litigation. And there are thousands of volunteers in place primed to challenge ballots and hunt down evidence of malfeasance.

“We’re now at the point where charges of fraud and suppression are baked into the turnout models for each party. Republicans charge fraud. Democrats charge suppression. Each side amplifies its position with massive and costly amounts of litigation and messaging,” said Benjamin Ginsberg, co-chair of the Election Official Legal Defense Network and former counsel to the George W. Bush campaign and other Republican candidates.

Democrats, too, have similar efforts underway. But their legal effort ahead of the election focuses on making voting easier and helping those denied a chance to vote, through legal hotlines and volunteers. A team led by attorney Marc Elias and his firm is litigating roughly 40 cases in 19 states, some in which they have intervened in Republican-led lawsuits.

Elias said he’s bracing for a deluge of litigation challenging election results, particularly as some Republican candidates have already said they will not accept a loss or have planted doubt on the election process despite no evidence of fraud.

Litigation around elections is nothing new; almost every election begets some legal challenge. But the bulk of this litigation generally occurs after the votes have been cast, not before Election Day.

In 2020, pro-Trump attorneys filed roughly 60 lawsuits across the nation and asked judges to set aside votes. Those lawsuits were roundly rejected. Trump’s own leadership found the election was fair, and state election officials nationwide saw no widespread evidence of fraud. Biden earned 306 electoral votes to Trump’s 232, the same margin in Trump’s 2016 victory over Hillary Clinton, which he repeatedly described as a “landslide.”

Election workers have increasingly been subjected to abuse and threats of violence. In battleground states, voter intimidation cases are on the rise. There’s growing concern among election officials and law enforcement about overly aggressive poll watchers or people pretending to be poll watchers intimidating voters.

Heading into 2020, the nation had been focused mostly on whether any foreign actors — Russia or perhaps China — would meddle in the election and wreak havoc on vote tabulations. That didn’t come true; instead, the conspiracy was born and nurtured from Trump and his supporters.

US officials are again sounding the alarm that Russia is working to amplify doubts over the integrity of the elections.

This week, White House press secretary Karine Jean-Pierre said, “No outside cyber activity has ever prevented a registered voter from casting a ballot; compromised the integrity of any ballot cast; or affected the accuracy of voter registration information.”

And she promised the government would “monitor any threats to our elections if they arise and work as a cohesive, coherent interagency to get relevant information to the election officials and workers on the ground.”

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