from Your News:
A series of ongoing legal challenges related to voting procedures, absentee ballots, and election certification could play a pivotal role in shaping the 2024 election outcome.
By yourNEWS Media Newsroom
As the 2024 election nears, legal issues surrounding voting procedures and election integrity are taking center stage, with several high-profile lawsuits already making their way through the courts. Key issues range from how absentee ballots are handled to the certification process and voter roll accuracy, and some experts believe these cases could have far-reaching implications for both the presidential and congressional races.
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The most contentious disputes center around mail-in and absentee ballots. The surge in mail-in voting during the 2020 election, largely a response to the COVID-19 pandemic, triggered a wave of legal challenges that continue to this day. According to a U.S. Election Assistance Commission survey, mail-in voting increased by 20 percent between 2016 and 2020. While there is less reliance on mail-in ballots in 2024, court cases concerning how these ballots are processed remain significant.
One such case involves a recent lawsuit in Pennsylvania, where Republicans challenged the practice of “ballot curing,” which allows voters to correct issues with their mail-in ballots. While the Pennsylvania Supreme Court has declined to hear the case, similar challenges are ongoing in states like Nevada and Mississippi, where questions about ballots received after Election Day have surfaced.
In other states, including Texas, Michigan, North Carolina, and Pennsylvania, lawsuits have been filed over absentee ballots cast by Americans living overseas. Republicans argue that certain states are unlawfully exempting these ballots from verification requirements.
Voter Roll Maintenance and Certification
Concerns about voter rolls have also led to legal battles, with the Department of Justice recently suing Alabama and Virginia for alleged violations of federal law in their voter list maintenance practices. On Oct. 16, a federal judge in Alabama issued a preliminary injunction halting the state’s efforts to clean up its voter rolls, citing the National Voter Registration Act’s “Quiet Period Provision,” which prohibits systematic removal of voters’ names within 90 days of an election.
Meanwhile, a series of lawsuits has also emerged over election certification procedures, particularly in Georgia. In a recent ruling, Fulton County Superior Court Judge Robert McBurney upheld the requirement for election officials to make a “reasonable inquiry” before certifying election results, though he added clarification was needed on this rule. The ruling followed a separate decision by Superior Court Judge Thomas Cox, who invalidated several state election board rules, including one that required ballots to be counted by hand.
Potential Supreme Court Involvement
The U.S. Supreme Court has so far avoided intervening in the ongoing election-related litigation, but it has left the door open for potential involvement. While it rejected a recent attempt by Colorado’s Supreme Court to disqualify Donald Trump from running for office under the 14th Amendment, experts believe the court is prepared to handle any post-election disputes that might arise.
