Legal Challenges Surrounding the 2024 Elections

Overview

As the 2024 election approaches, a number of significant court cases and decisions related to voting methods and the processing of election results have emerged. Some of these cases are still ongoing, and if the 2024 election is anything like its 2020 predecessor, there could be a wave of lawsuits following Election Day, with candidates challenging the results.

However, it remains uncertain how far any legal case will progress, with experts expressing skepticism that a Supreme Court case will result from the current series of legal challenges. According to Mike O’Neill, Vice President of Legal Affairs at Landmark Legal, judges across the country are reluctant to be seen as disenfranchising individuals. If they have an opportunity to dismiss a case or a procedural exit ramp to dismiss a case, they will likely take it, even if there might be evidence of some sort of failure to follow proper procedures or necessary registration procedures.

Key Legal Issues

Here are some of the key legal issues to keep an eye on as we approach November:

Mail-In or Absentee Ballots

The most contentious issue in the 2020 election was the widespread use of mail-in ballots, a response to the COVID-19 pandemic. A survey from the U.S. Election Assistance Commission, a federal body established by Congress, showed that the number of mail-in ballots increased by 20 percent between 2016 and 2020.

However, J. Christian Adams, President of the Public Interest Legal Foundation, believes that because we are no longer in the midst of the COVID situation, we will not see the same level of court-driven outcomes in our elections. This, he says, is the key difference between now and 2020.

Certification

On October 1, Fulton County Superior Court Judge Robert McBurney heard arguments over the Democrats' challenge to Georgia state election board policies surrounding certification. One of the rules requires officials to make a "reasonable inquiry" before certifying the results, while another allows officials to review documentation "created during the conduct of elections".

Voter Rolls

The Department of Justice has sued both Alabama and Virginia over their attempts to clean up their state’s voter rolls prior to the election. On October 16, a federal judge in Alabama halted the state’s program with a preliminary injunction. Both lawsuits cite the “Quiet Period Provision” of the National Voter Registration Act, which states that a state must complete any program designed to systematically remove the names of ineligible voters from the official lists of eligible voters no later than 90 days prior to a primary or general election for Federal office.

Bottom Line

As the 2024 election approaches, the landscape is fraught with legal challenges and uncertainties. From mail-in ballots to certification rules and voter roll cleanups, these issues could significantly impact the election's outcome. What are your thoughts on these developments? Share this article with your friends and let us know your views. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.