Both Republicans and Democrats are preparing for a potentially lengthy battle in the courts over the results of the 2024 election.
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Democrats, meanwhile, warn that election deniers installed in key voting-related positions nationwide may refuse to certify legitimate results and prompt litigation. “It’s not even just the parties — it’s outside organizations, and they're fundraising on how they’re able to protect democracy, how they’re able to preserve the integrity of the election, whatever it might be," said Derek Muller, an election law expert and professor at the University of Notre Dame Law School."They have wealthy donors who are backing this litigation. So there doesn’t seem to be any de-escalation in sight.
Changes to campaign finance rules a decade ago have allowed donors to give parties huge sums of cash specifically for legal fights. Election litigation these days is not always about winning in court, but also sending a political message to galvanize donors. Some of the cases currently in the courts appear unlikely to be resolved before Nov. 5, but the claims could come back after the votes are tallied to challenge the results in court, said Jess Marsden, counsel at the group Protect Democracy and director of its program to ensure free and fair elections.
In Georgia last week, a judge declared that seven new election rules recently passed by the State Election Board are “illegal, unconstitutional and void.” That includes one that required the number of ballots to be hand-counted after the polls close. AnotherRepublicans have appealed the judge’s decision invalidating the rules to the state’s highest court.
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