What record-breaking litigation could mean for the election
In the 2020 election, close results led to delays, recounts, audits and litigation, which raised questions about electoral processes and contributed to widespread claims of misinformation among the public. According to a U.S Election Assistance Commission report, 43% of voters used mail-in ballots in 2020 to vote. This influx of ballots, coupled with narrow margins in key states, meant Americans had to wait four days until the winner of the election was projected. However on election night and in the months after, Trump declared victory despite losing and attempting to overturn results he claimed were fraudulent.
The 2024 election could be the most heavily-litigated election in U.S. history, with over 165 lawsuits already filed and more expected. On the 538 Politics podcast last week, we tried to understand what is driving this historic level of litigation and the potential misinformation and additional legal challenges we can expect after Election Day. Since 2020, there has been a rise in election certification disputes, reports of harassment targeting local election officials and changes to voting laws across several battleground states.
The race is close, and while we cannot predict what will happen after Election Day, Larry Norden, vice president of the Elections and Government Program at the Brennan Center for Justice sat down with us to provide a clearer picture. For more details, check out the podcast.