Ballots will ultimately decide who the next president of the United States is. But ballots can also be a source of controversy, especially in a close election where lawsuits raise questions about whether they were filled out properly and turned in on time.
More than 165 lawsuits have already been filed regarding the 2024 election.
Jessica Marsden is an attorney with Protect Democracy, a cross-ideological group that studies litigation involving the election. She says if it's close on election night, we can expect that Democratic and Republican lawyers will take their fight to the courtroom.
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"I do think we are seeing an unusual amount of litigation this cycle," Marsden told Scripps News.
Four years ago, supporters of former President Donald Trump filed over 60 unsuccessful lawsuits after the election, trying to challenge the results. Senior advisors with both the Harris and Trump campaigns have told Scripps News that teams of lawyers have been preparing for months for any post-election issue that may arise.
"Our impression is both sides are well prepared for legal fights," Marsden added. She says one possible legal scenario might involve ballots in the swing state of Pennsylvania.
Hypothetically, lets say Harris and Trump are separated by a few hundred votes after the election. Pennsylvania election law says voters must sign and date each ballot sent by mail. So what happens if thousands of voters failed to date it? That's something that could go before the Supreme Court.
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The Supreme Court has not had a pivotal, election-deciding decision since 2000, when the court ruled Florida could certify their results over objections by Democrats.
In the final days of the campaign, attorneys with both political parties are remaining busy. Republicans have challenged rules around voters overseas and whether election officials have properly vetted them. Meanwhile, Democrats have fought against last-minute changes, like a desire in Georgia by state election officials to hand count the results.
