The
US Presidential election has already spurred a couple dozen lawsuits
over the past six months. These particular lawsuits have
revolved
around photo ID requirements and limited poll hours. However, a new
torrent of litigation, beginning on election day, is looming over who
gets to vote and which ballots will be counted.
Voter rights advocates and attorneys may initially head to court to
try to keep polls open longer because of the breakdown of machinery
and/or to make up for Hurricane Sandy’s aftermath. They may also
challenge partisan poll watching. This is according to Edward Foley, a
law professor at Ohio State University. And, Bloomberg reports Democrats
in Florida, on Sunday, sought to extend early voting hours and in Ohio
last minute provisional ballot restrictions are being contested.
The most voluminous onslaught of litigation, would probably come
after
Election Day and could be reminiscent of 2000, when it fell to the
courts to determine the next US President. The states most likely to
be involved in this sort of legal action are Virginia, Ohio and Florida,
according to Jocelyn Benson, a professor of law at Wayne State
University and director of the Michigan Center for Law and
Administration. “Provisional ballots could very likely be the hanging
chads of 2012,” Benson said. “The battle over provisional ballots will
take center stage where any election is close and a significant number
of such ballots have been cast.”
The fallout from Hurricane Sandy may end up being the catalyst for
multiple lawsuits. Voters and their advocates might sue to extend voting
hours in states where loss of power or other issues limited access to
the polls. Federal law dictates that votes cast after regular hours are
considered provisional ballots, and in a close election lawsuits
challenging the extension may follow.
A court could determine that the
extension
was not appropriate. In that case, “these provisional votes won’t be
counted,” says Steven Huefner, also a law professor at Ohio State
University. And, Foley has said that litigation over provisional
ballots may “bump up” against deadlines for resolution of the
presidential election. He added that electors meet on December 17, by
law, and these disputes have to be settled prior to that date.
Virginia could potentially erupt into a hotbed of election litigation
if the margin between Romney and Obama is close. This could occur
because Virginia passed a new voter ID law and may rely more heavily on
provisional ballots than in the past. “Because Virginia is populated
enough that its electoral votes matter, if there is a problem, Virginia
could be litigated tremendously,” says Michael Dimino, a law professor
at Widener University in Harrisburg, Pennsylvania.
Additionally, voter fraud could very well be an issue. Consider the
fact that the 2000 presidential race was determined as based on only 537
votes. Therefore, it is not difficult to envision situations in which
some might be tempted to engage in election fraud, particularly in such a
close presidential race. The left has steadfastly denied that voter
fraud presents a major problem in this election but
The Heritage Foundation and others have documented its existence.
And then there are the poll watchers. “In Michigan, and elsewhere
there’s a heightened concern about people who might show up on Election
Day challenging people’s right to vote,” Benson said. “There will be a
lot of attorneys on hand for both parties, prepared to react to any
potential problems.”
So, challenges to poll watchers, who are often seen as illegally
interfering with voter access and intimidating voters, could ensue.
Incidentally, the presidential election isn’t the only one in which lawsuits may arise. They could also
emerge from ballot initiatives and congressional seats in multiple states, including the Senate election in Missouri.
This is not an exhaustive list of the various in which legal battles
that could arise from this election. Just know that the battle may not
end on Election Day.
Cross-posted on RedState & Red Pill Report
