Ahead of the US Election Day on November 8, Republicans and Democrats filed over 100 election-related lawsuits, according to Democracy Docket, a progressive voting rights organization. 138 lawsuits were filed across the US as of Tuesday. Even as Election Day got underway, additional cases extending polling hours were filed and decided in Georgia and Pennsylvania. As a point of comparison, ahead of Election Day in 2020, 68 election-related lawsuits were filed.
Subjects of litigation include election administration, in-person voting, redistricting, voter registration and vote by mail. Less than 24 hours before Election Day, judges ruled in election-related cases in states such as Illinois, Pennsylvania, Georgia and Michigan.
For example, the Pennsylvania Supreme Court handed down an order potentially invalidating thousands of Pennsylvanian voters’ mail-in ballots. Pennsylvania election workers are now required to set aside any ballots without a proper date and signature on the outside envelope of voters’ mail-in ballots. The decision has caused county election officials to launch ballot curing initiatives on top of an already busy Election Day schedule. Additional lawsuits have also sprung up over the issue–and this is just one example of one states’ election-related lawsuits.
The volume of election-related lawsuits coupled with recent political violence has caused some Americans concern. On November 2, President Joe Biden delivered remarks stating, in part:
This is no ordinary year. So I ask you to think long and hard about the moment we’re in. In a typical year, we’re often not faced with questions of whether the vote we cast will preserve democracy or put us at risk. But this year, we are.
Democracy Docket does not expect the pace of litigation to slow after Election Day. The organization is “watching out for litigation around challenges to voters’ eligibility; intimidation of voters and/or election workers; the counting and processing of mail-in ballots; conspiracy theories around electronic voting machines and counties that refuse to certify their election results.”