A flurry of U.S. election-related lawsuits is making its way through courts across the country, with more than 160 cases already pending, which experts say is to be expected in modern presidential elections. .
At least 165 election-related lawsuits have already been filed, mostly on issues such as who should be eligible to vote, how votes are counted and counted, and how to secure elections and protect against allegations of voter fraud. is focused on.
But some legal analysts said it was questionable whether any of these lawsuits would have a long-lasting impact on the 2024 election, especially since George W. He said the nature of the lawsuit has been fairly standard in the more than 20 years since he fended off Mr. There are many legal challenges to winning the 2020 presidential election.
“I think there will be a lot of litigation, but I would be surprised if there were any significant hints,” Jonathan Turley, a law professor at George Washington University, told Fox News Digital.
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A person drops off a mail-in ballot in Portland. (AP Photo/Jenny Kane)
The most high-profile cases so far are widely expected to help decide decisions in seven battleground states – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin – with a total of 93 electors. The election will favor either Democratic Vice President Harris or Republican former President Trump.
In the wake of the close race and recent wave of litigation, some observers have speculated that lawsuits could disenfranchise would-be voters, prevent supporters of either candidate from participating in the election, or even affect campaign decisions. They are concerned that the results of subsequent votes will be cast into doubt. .
But such concerns are likely unfounded, Turley said.
“In the five presidential elections that I've covered, I don't think any pre-election challenges have had much impact,” he said.
Turley said the preliminary lawsuit will be used as a kind of “placeholder” by both parties to fuel their own narratives about the election and create a pre-existing record of issues in battleground states that can be revisited after the election. He added that cases are increasing. election.
And it doesn't seem like this is a new strategy either.
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In the U.S., “we saw similar increases in 2016 and 2020. I think it was the closest before that.” Bush vs. Gore'' Turley said.
The standard at the time was “ramp up.” [cases] After the election,” he added. “It's now the norm to have hundreds of lawyers.” [beforehand]And we're seeing the same trajectory.
After the 2020 election, the Trump campaign filed 60 lawsuits in key battleground states seeking to challenge the election results. While the number of lawsuits is unusual, experts say the practice itself is actually quite standard.
In fact, Andrew McCarthy, former assistant U.S. attorney general for the Southern District of New Jersey, says that given the limited time frame between the election, state election certification, and Inauguration Day, it's better to file your case sooner rather than later. It is said to be advantageous for lawyers and judges. yoke.
That's part of the impetus for early filing in many states, he told Fox News, noting that most of the lawsuits were filed months ago and are now before judges and appeals courts in affected states. He added that this is currently being done.
From there, he said, judges prefer to deal with it as quickly as possible.
Election workers oversee early voting at a polling place in Marietta, Georgia, on October 15, 2024. (Reuters/Jayla Whitfield Anderson)
“Courts don't mind getting involved in this area to adjudicate what the rules of elections should be,” McCarthy told Fox News Digital. “But they never want to be in a position where it looks like they're deciding the election.”
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In other words, the more decisions can be made before an election to avoid the appearance of bias or political influence, the better, he said.
“If we're going to do this correctly and competently in a way that represents what our legal system is supposed to be about, we have to litigate these issues before the election,” McCarthy said. “Because the post-election time frame is too tight to do anything to conduct a meaningful election investigation, especially if the issue is fraud.”
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