WASHINGTON — As the countdown to the November 5 presidential election continues, former President Donald Trump is urging his supporters to aim for a decisive victory that he believes would render the results “too big to rig.” Speaking to a crowd in Georgia, Trump emphasized the importance of a landslide victory, stating, “We can’t let anything happen.”
Both Republicans and Democrats are bracing for a potentially drawn-out battle over the election results, with numerous lawsuits already active across the nation. Many of these cases, predominantly filed by Republicans, challenge mail-in voting, ballots from overseas voters, and allegations of voting by non-citizens.
Despite facing federal criminal charges related to his efforts to overturn the 2020 election results, Trump has not committed to accepting the outcome of this year’s election. Meanwhile, Democrats express concern that election deniers in key voting-related positions may refuse to certify legitimate results, leading to further legal challenges.
Michael Waldman, president of the Brennan Center for Justice, highlighted the evolution of election denialism since 2020. “In 2020, the election deniers were improvisational. Now that same election denialist impulse is far more organized, far more strategic, and far better funded,” he said during a recent briefing.
Election litigation has surged in recent years, with an influx of funding from wealthy donors and outside organizations committed to influencing election integrity. Derek Muller, an election law expert at the University of Notre Dame Law School, noted that the number of outside groups involved in election litigation has proliferated, fueling ongoing disputes. “It’s become part of the campaign to sort of show your stuff in court,” he explained.
With just over two weeks until Election Day, approximately 180 voting and election-related cases have been filed this year, according to Democratic lawyer Marc Elias, who leads the election litigation tracking group Democracy Docket. This increase follows a wave of lawsuits initiated by Trump and his allies in 2020, most of which were dismissed by judges across the political spectrum.
Rick Hasen, an election law expert at UCLA, pointed out that the rate of election litigation has nearly tripled since 2000, when the Supreme Court effectively decided the election in favor of George W. Bush over Al Gore. This heightened interest in election law has only intensified following changes to voting rules during the COVID-19 pandemic.
The Republican National Committee (RNC) has launched an unprecedented election integrity program, aiming to deploy 100,000 volunteers and lawyers in key battleground states. Claire Zunk, RNC elections integrity communications director, stated, “President Trump’s election integrity effort is dedicated to protecting every legal vote,” emphasizing their commitment to litigate if necessary.
Legal challenges could persist even after Election Day. Jess Marsden, counsel at Protect Democracy, indicated that some lawsuits may not be resolved before the election, but could reemerge to contest the results post-voting.
Recent developments in Georgia highlight ongoing tensions surrounding election rules. A judge ruled that several new election regulations passed by the State Election Board are “illegal, unconstitutional and void.” Republicans have appealed the ruling to the state’s highest court.
Despite the absence of legitimate grounds for refusing to certify election results, Wendy Weiser, vice president for democracy at the Brennan Center, warned that attempts to do so could create chaos and delays, especially if multiple lawsuits are filed concurrently.
As the election draws near, the potential for legal disputes looms large, with the stakes higher than ever for both parties.
