Election Law

Once Again, Legal Battles over Voting Procedures Could Delay Election Results


Will the presidential election once again hinge on a legal battle over voting procedures?

The New York Times sees the possibility in a story on a flurry of legal battles over voter ID laws, limits on early voting, and the counting of provisional ballots. Nearly a dozen decisions in the last few weeks have had differing results, the story says, “some favoring Republicans demanding that voters show more identification to guard against fraud and others backing Democrats who want to make voting as easy as possible.”

Even if all the cases are resolved before the Nov. 6 election, the Times says, “any truly tight race will most likely generate post-election litigation that could delay the final result.”

Court arguments in voting cases are scheduled this week in the swing states of Ohio and Pennsylvania. In Ohio, a federal judge struck down a law barring early voting three days before the election by all voters except those in the military or living overseas. In Pennsylvania, the state supreme court will consider whether to uphold a law requiring voters to produce identification at the polls.

Prior coverage:

ABA Journal: “Poll Vaulting: As November Looms, States Still Battling over Voter ID Laws”

ABAJournal.com: “Federal Court Strikes Down Texas Voter ID Law”

ABAJournal.com: “Judge Won’t Block Pennsylvania’s Voter ID Law”

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