Both Republicans and Democrats are preparing for a potentially lengthy battle in the courts over the results of the 2024 election. Dozens of lawsuits that could set the stage for challenges after the votes are counted are already playing out in courts across the country. Most have been filed by Republicans and their allies.
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“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.The Associated Press is the most trusted source of information on election night, with a history of accuracy dating to 1848.
The most important courtroom fights could be over rules for certifying the vote. There’s a new, faster review process for certification disputes under updates to the Electoral Count Reform Act passed by Congress in 2022. Similar to redistricting cases, certification disputes can go before a three-judge court in the state where they originated and be quickly appealed to the Supreme Court.
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