© 2024 Allbritton Journalism Institute

The Elections Will Be Litigated

The courts are already deciding who gets to vote and how. Experts say the legal battles are setting up a contested election even before the polls close.

An election worker removes tabulated ballots
The Supreme Court last week rejected a Republican-led challenge to Pennsylvania’s handling of ballots with defects. Matt York/AP

A flurry of litigation has been filed all over the United States over everything from voter-roll purges to how long early voting should last to the rules about accepting mail-in or absentee ballots.

These challenges — some of which are more performative than substantive — echo many of the complaints Republicans have raised about election integrity and have thrusted federal and state courts once again into partisan disputes about election rules on the eve of a hard-fought election.

Experts worry these partisan suits may be laying the groundwork for post-election disputes ranging from mere sour grapes about the rules to more serious attempts to undermine the public’s faith in the fairness of the process.