Current:Home > MarketsCourts could see a wave of election lawsuits, but experts say the bar to change the outcome is high -WealthMindset Learning
Courts could see a wave of election lawsuits, but experts say the bar to change the outcome is high
View
Date:2025-04-14 16:30:30
WASHINGTON (AP) — When the Supreme Court stepped into the 2000 presidential race, Republican George W. Bush and Democrat Al Gore were separated by a razor-thin margin. The court’s decision to halt the recount of votes in Florida effectively delivered the election to Bush and shaped the nation’s future.
The case is perhaps the most notable modern example of the judicial branch having a direct involvement after an election, but it’s not the only time judges have been drawn into postelection disputes.
America’s court system has no formal role in the election process, and judges generally try not to get involved because they don’t want to be seen as interfering or shaping a partisan outcome, said Paul Schiff Berman, a professor at George Washington University Law School.
But election disputes have increasingly landed in court since Bush v. Gore, Berman said.
This year could be especially contentious, coming after more than 60 unsuccessful lawsuits where then-President Donald Trump falsely claimed that he lost the 2020 election to Democrat Joe Biden due to massive voter fraud. Dozens of lawsuits have been filed this year, mostly concerning relatively small matters.
“We have a long history in this country of a democratic process that operates in a nonpartisan manner with regard to vote counting that does not require constant court intervention, but that norm has been shattered in the same way that many of our democratic norms have been shattered since 2016,” Berman said.
Court cases could start election night over whether to keep polling places open if they experienced trouble affecting access during the day.
After the votes are all cast, lawsuits over the vote count could be next. That could involve claims about the counting of certain ballots, allegations against the election officials overseeing the count, disputes over the methodology or challenges to the certification of the vote totals in each state.
There could be lawsuits over recent updates to the Electoral Count Act, which governs the certification of the presidential contest. The revisions were passed by Congress in 2022 in response to Trump’s effort to overturn the 2020 results by pressuring his vice president, Mike Pence, over congressional certification of the states’ electors.
How much a lawsuit might affect the outcome of an election depends on how many votes are in dispute and what kind of a solution a judge might order if a problem is found. In some cases, “It isn’t clear what the remedy would be if these suits were successful,” said Steven Schneebaum, an attorney and adjunct professor at Johns Hopkins University.
If the 2024 race is very close, court rulings could affect the outcome, especially in the swing states that will be key to the election. But for a lawsuit to affect the race, the election would have to be so close that the court would have to determine how people voted or one side would have to prove a major, fundamental problem with how it was run, said Rick Hasen, an elections expert and law professor at the University of California, Los Angeles.
“The standard to overturn an election is extremely high, for good reason,” he said. “We want elections to be decided by voters, not courts.”
____
What to know about the 2024 Election
- Today’s news: Follow live updates from the campaign trail from the AP.
- Ground Game: Sign up for AP’s weekly politics newsletter to get it in your inbox every Monday.
- AP’s Role: The Associated Press is the most trusted source of information on election night, with a history of accuracy dating to 1848. Learn more.
Read more about how U.S. elections work at Explaining Election 2024, a series from The Associated Press aimed at helping make sense of the American democracy. The AP receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.
veryGood! (47)
Related
- Sarah J. Maas books explained: How to read 'ACOTAR,' 'Throne of Glass' in order.
- Days of Darkness: How one woman escaped the conspiracy theory trap that has ensnared millions
- California man who blamed twin brother for cold case rapes of girl and jogger is sentenced to 140 years in prison
- Islamic Resistance in Iraq group is to blame for Jordan drone strike that killed 3 troops, US says
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
- Hacked-up bodies found inside coolers aboard trucks — along with warning message from Mexican cartel
- Live, Laugh, Lululemon: Win Over Your Valentine's Heart With These Wishlist-Worthy Gifts
- Whether You're Rooting for the Chiefs or the 49ers, These Red Lipsticks Are Kiss-Proof
- Realtor group picks top 10 housing hot spots for 2025: Did your city make the list?
- Tennessee attorney general sues NCAA over ‘NIL-recruiting ban’ as UT fights back
Ranking
- 'We're reborn!' Gazans express joy at returning home to north
- Oklahoma gas pipeline explodes, shooting flames 500 feet into the air
- Clydesdale foal joins the fold ahead of iconic horses' Budweiser Super Bowl commercial return
- Rita Moreno, Debbie Allen, Ariana DeBose of 'West Side Story' honor the original Anita, Chita Rivera
- Trump issues order to ban transgender troops from serving openly in the military
- Could seaweed help us survive a nuclear winter? A new study says yes.
- Fed holds interest rates steady, hints March rate cut is unlikely despite easing inflation
- Biden will visit Ohio community that was devastated by a fiery train derailment nearly a year ago
Recommendation
Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
Lisa Hochstein and Kiki Barth's Screaming Match Is the Most Bats--t Fight in RHOM History
What's next for Greg Olsen with Tom Brady in line to take No. 1 spot on FOX?
Aly & AJ’s Aly Michalka Is Pregnant, Expecting First Baby With Husband Stephen Ringer
Cincinnati Bengals quarterback Joe Burrow owns a $3 million Batmobile Tumbler
Hurricane hunters chase powerful atmospheric rivers as dangerous systems slam West Coast
Thai activist gets two-year suspended prison sentence for 2021 remarks about monarchy
How 'Poor Things' actor Emma Stone turns her anxiety into a 'superpower'