Before the upcoming 2024 election takes place, Democrats and Republicans are already embroiled in a wide-ranging legal battle over the procedures that will govern the election. This legal fight could potentially extend beyond Election Day, especially if the election results are close. Both parties have significantly bolstered their legal teams in preparation for this contentious legal skirmish.
The Republicans have initiated over 100 lawsuits challenging various aspects of voting processes after facing criticism in 2020 for raising concerns after votes had been counted. Following former President Donald Trump’s emphasis on “election integrity” as a fundamental part of the GOP’s agenda, the Republican National Committee has mobilized more than 165,000 volunteers to monitor the polls in November.
Democrats are responding by focusing on what they term “voter protection,” swiftly moving to court to counter the Republican cases. They have assembled a team of over 100 staffers, several hundred lawyers, and thousands of volunteers for the upcoming election. Despite the multitude of legal actions, the cases primarily involve minor issues and are unlikely to affect most voters significantly.
The stakes could escalate dramatically if Trump loses the election and attempts to overturn the outcome, as he tried to do in 2020, wherein he and his supporters lost over 60 lawsuits contesting President Joe Biden’s victory. The potential success of such efforts this year would hinge on the election’s outcome, with experts suggesting that a minimal gap in votes, such as that seen in Arizona and Georgia in the previous election, would be challenging to reverse through litigation.
Trump has insinuated that he would only accept the election results if they are deemed “free and fair,” perpetuating unfounded claims of fraud from the 2020 election. There is no evidence supporting widespread fraud in the 2020 or subsequent elections. The Republican National Committee has appointed Lara Trump and attorney Christina Bobb to lead its election integrity efforts, mirroring Trump’s claims of countering alleged Democratic interference.
Democrats assert that they are prepared to confront any challenges posed by Trump and the GOP during the election. Across several states, legal battles are already underway, focusing on issues like the certification of election results and the counting of mail-in ballots received after Election Day. Despite these legal maneuvers, fears of a certification crisis are deemed exaggerated by election experts, who emphasize the role of the courtroom in resolving election disputes.
Although the litigation predominantly revolves around intricate legal matters, some cases could have far-reaching implications if Trump faces defeat in the upcoming election. Lawsuits filed by the RNC in various states alleging the need to remove inactive or ineligible voters from voter rolls have yet to succeed. Additionally, disputes over the counting of mail-in ballots arriving after Election Day could potentially impact the election results. However, previous legal battles surrounding late-arriving mail ballots have shown the limitations of such tactics in altering election outcomes.
