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These vote-by-mail lawsuits could help decide the presidential election

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These vote-by-mail lawsuits could help decide the presidential election
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As health experts warn that the country could still be grappling with the coronavirus pandemic this fall, lawsuits aiming to expand access to mail-in ballots in key battleground states could help determine the outcome of the presidential race.

suits could also affect tight Senate races in those states that could determine which party controls that body after Election Day. “We need to make sure every eligible voter has access to vote-by-mail, that way every individual doesn't have to choose between their fundamental right to vote and their decision to keep themselves and their family safe,” said Myrna Pérez, director of the Voting Rights and Elections Program at the Brennan Center for Justice, a nonpartisan law and policy institute at New York University Law School.

Elections and voting rights lawyers say that they hope the vote-by-mail cases will move through the courts quickly. Delays in litigation, experts warn, could make it difficult forto prepare for an election that will demand greater resources than previous years. “My hope is that as many of these matters are resolved as far out from these elections as possible,” said Pérez. “The closer you get to an election the more you want stability in terms of what is available to voters because you want to make sure voters know what they're doing and what the rules are.” Lawsuits that are still caught up in the courts in November will not delay the election from taking place said Rick Hansen, a professor of law and political science at the University of California, Irvine and the author of""Lawsuits will not stop the actual voting. At some point the courts will clarify what the rules are on election day. That would not prevent lawsuits trying to change or challenge results after election day, however," Hansen said, adding that some cases could make their way to the United States Supreme Court. "But the chances of a 'do over' in the presidential race are extremely small. It did not happen in Florida 2000 despite the many problems there," Hansen continued.

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