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FFor months leading up to Election Day, Republicans and Democrats faced dozens of voting-related lawsuits in court. The ripple effects of these cases could be far-reaching. Donald Trump is already highlighting the lawsuits and rulings as a way to undermine confidence in the outcome if he loses. The lawsuit could also ultimately be part of another effort to overturn an election loss.


Republicans have had some legal success so far that could influence the outcome. They have succeeded in challenging voter registrations in Virginia and Arizona and limiting which mail-in ballots can be counted and when in Pennsylvania and Mississippi. And the full impact of these rulings could lead to new legal challenges in the coming weeks.


Trump’s campaign strategy has been to file lawsuits early in the election cycle, before Election Day, targeting the way votes are received and counted. It’s a shift from 2020, when most of the barrage of Trump’s legal challenges came after voting ended and continued until the deadly riot Trump encouraged at the Capitol on Jan. 6. Mike Davis, a volunteer attorney for Trump’s campaign legal team and believed to be on the shortlist to become Trump’s attorney general if he wins, says the Trump campaign learned this year to deal with its legal challenges sooner grasp.


“We’re not going to get caught with our pants down again,” Davis says, speaking on the phone from Trump’s campaign headquarters in West Palm Beach, Florida, the day before Election Day.


Earlier this year, Donald Trump tasked Republican National Committee leaders with building a robust legal team. RNC Chairman Michael Whatley tapped longtime election lawyer Gineen Bresso to lead the Republican Party’s election legal work. RNC senior counsel Steve Kenny is spearheading the lawsuits. And David Warrington, who represented Trump during the House committee’s investigation on Jan. 6, is the Trump campaign’s general counsel.


Davis describes this team’s pre-election efforts as “filing lawsuits and obtaining injunctions, which nips problems in the bud.”


Democrats have done their best to block these lawsuits and prevent last-minute efforts by some election officials to limit how votes are counted and certified. Dana Remus, who served as White House counsel during Biden’s first two years as president, is leading the Harris campaign’s legal battle. Remus says the Harris campaign has won about 20 cases since voting began in September. “In court you need facts and evidence, and the vast majority of their cases fail because they don’t have them,” Remus told reporters on Monday.


After Election Day 2020, Trump’s team filed more than 60 lawsuits challenging the 2020 results, according to Remus, winning one case by 12 votes. “The number of cases does not equal the number of legitimate concerns,” she said.


Harris’ legal team is working to ensure that all eligible votes are counted and that election officials with political motivations do not attempt to prevent or delay the certification of the results. That’s not legal, Remus says, citing new laws passed after Trump tried to overturn his 2020 loss that clarified these issues. “We now have more tools to block rogue attempts to appoint fake voters and new safeguards that make it much harder to use the January 6 process to steal the election,” she said.


Here are lawsuits that could make a difference once the polls close.


Pennsylvania’s mail-in ballots


Two recent court decisions will impact how mail-in votes are counted in Pennsylvania and could raise additional legal issues regarding election results. Donald Trump and Kamala Harris are in a dead heat in the state that Joe Biden won in 2020 by just over 80,000 votes. Even a small change in how counties decide to count mail-in votes can have a big impact on the outcome.


In a last-minute ruling, the U.S. Supreme Court confirmed that if Pennsylvania voters did not use the secrecy sleeve to mail in their ballot, they could have a provisional ballot counted instead. To do this, a voter must be aware of the error and take the extra step of submitting a provisional ballot to a polling place. Republicans argued that voters should not be given another chance to vote. Democrats and voting rights groups said provisional ballots are intended to address those types of scenarios.


In a separate case, the Pennsylvania Supreme Court ruled that thousands of mail-in ballots in Pennsylvania could not be counted if the date on the envelope was not filled in correctly. This ruling will likely result in thousands of mail-in ballots being thrown out and could affect the vote count. The decision overturned a lower court that said throwing out those ballots interfered with voting rights. Democrats and voting rights groups have argued that if ballots arrive on or before Election Day, putting the date on the envelope is unnecessary and redundant and the votes should be counted. But Republicans emphasized that election instructions only allow counting envelopes filled out with the correct date. This issue could pose additional legal challenges after Election Day, especially if the results are close.


The late-arriving ballots in Mississippi


Republicans won a legal victory in late October when a federal appeals court ruled that Mississippi cannot count ballots received after Election Day. The impact of that ruling could spread to other states in the coming weeks. A Mississippi law had allowed ballots to be counted as long as they arrived five days after Election Day and were postmarked by then. The ruling was handed down by Trump-appointed Judge Andrew Oldham of the Fifth Circuit Court of Appeals. Oldham wrote that “federal law requires voters to take timely steps to vote before Election Day.”


The decision is likely to lead to even more legal problems. Republicans want this rule enforced in other states under the Fifth Circuit’s jurisdiction, which includes Louisiana and Texas. Texas law allows mail-in ballots to be counted if they arrive before 5 p.m. the day after Election Day.


The decision would also ease legal battles in other states where ballots received after Election Day are counted. In Nevada, where Trump and Harris are locked in a tight race, the state Supreme Court recently confirmed that ballots that arrive before Election Day but are not postmarked can still be counted. Nevada law allows ballots postmarked on or before Nov. 5 to be counted up to four days after Election Day. If the race is as close as predicted, late ballots could face additional legal challenges.


Trump’s legal team scored a last-minute victory in Georgia on Monday when the state Supreme Court told Cobb County not to count ballots arriving after Election Day. After a surge in last-minute registrations, Cobb County elections officials sent out more than 3,000 requests for mail-in ballots. But the court ruled that if any of these ballots arrive after Election Day, it will have to be set aside while legal challenges arise.


Virginia voters are rolling


The U.S. Supreme Court in late October allowed Virginia to move forward with an effort to purge its voter rolls of noncitizens using data from the state Department of Motor Vehicles. Democrats had argued that American citizens became involved in the purge and that the work began too close to the election.


Since early August, Virginia has canceled the registration of more than 1,600 voters. The changes to voter rolls began on August 7 when Virginia Governor Glenn Younkin issued an executive order directing the state Department of Motor Vehicles to provide election officials with daily reports on driver’s license data that officials could use for cancer voter registration for people suspected of were not citizens.


Republican lawsuits seeking to remove names from voter rolls have increased dramatically in recent months. They are largely driven by baseless claims, spread for years by Donald Trump, that Democrats are registering undocumented immigrants to vote. A right-wing group working with close Trump adviser Stephen Miller has filed lawsuits in Arizona claiming non-citizens were on the state’s voter rolls.


American voters abroad


Republicans have tried to prevent some Americans abroad from voting in Pennsylvania, Michigan and North Carolina, but have so far failed. In Michigan and North Carolina, Republicans are challenging state laws that allow voters to register if their parents lived here. This provision allows military personnel and other Americans who turned 18 abroad to vote in their home states. In Pennsylvania, the legal challenge is more stringent, requiring that all overseas ballots, including those of military personnel and families, be set aside and additional steps be taken to identify voters’ names before votes can be counted.


Read more: Foreign votes could decide the election


Veterans groups have labeled the Republican challenges as a potential loss for thousands of service members deployed overseas.


While Republican efforts have failed so far, new challenges in court could spark legal battles as votes are counted.



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