Recent decisions by judges in key election battlegrounds have thwarted last-minute attempts by conservative and Trump-aligned groups to implement new voting rules as Election Day approaches. These rulings are critical, especially considering the potential implications for misinformation and conspiracy theories surrounding the 2024 presidential election.
Why It Matters
Despite courts rejecting various challenges to voting rules, experts in election law caution that these rejections may fuel unfounded claims of election fraud, echoing former President Trump’s narrative from the 2020 election. Such rhetoric could complicate the already contentious political landscape leading into the upcoming presidential race.
Recent Developments
In Georgia, the Trump-aligned majority of the state’s election board attempted to introduce several rules last month. One controversial measure would have required poll workers to hand-count millions of ballots. However, Fulton County judges struck down this rule and others that would have allowed local election officials to delay the certification of election results based on mere suspicions of fraud. The Republican National Committee (RNC) has appealed these decisions, labeling them as instances of “judicial activism.”
In Arizona, a federal judge dismissed a challenge from the conservative advocacy group Strong Communities Foundation of Arizona, which sought to mandate that all federal election-only voters verify their citizenship. The judge ruled the lawsuit was filed too close to Election Day and lacked legal standing.
North Carolina saw a partial dismissal of a lawsuit from GOP groups, including the RNC, which aimed to remove 225,000 voters from the registration rolls due to alleged improper registration. Meanwhile, in Nevada, a federal judge dismissed a suit from the RNC and Nevada’s Republican Party that claimed discrepancies in the number of registered voters in certain counties.
In Nebraska, the state Supreme Court ruled that individuals with felony convictions cannot be barred from voting after serving their sentences. This decision enables approximately 7,000 felons to participate in the upcoming elections, potentially impacting the state’s unique electoral system that divides votes by congressional district.
Perspectives on the Rulings
Jim Messina, a former campaign manager for Barack Obama and chair of the Democracy Defenders super PAC, stated, “Courts across the country are fulfilling their duty to protect our right to vote.” He emphasized the role of the judiciary as a vital safeguard against attempts to undermine fair elections.
Conversely, Claire Zunk, the RNC’s election integrity communications director, asserted that Republicans are committed to defending election laws and protecting legitimate votes. She highlighted the party’s successes in legal challenges regarding voter registration and mail-in ballot protocols.
Broader Context
Although the number of lawsuits concerning voter rolls has not significantly increased compared to previous election cycles, the timing of these challenges has shifted. David Becker, executive director of the Center for Election Innovation and Research, noted that legal actions are occurring closer to Election Day, which complicates the situation further.
The U.S. Department of Justice (DOJ) has mandated states to complete systematic programs for removing ineligible voters from registration lists by 90 days before a federal election. The DOJ has recently sued Alabama and Virginia for violating this “quiet period” rule, alleging they flagged thousands of voters as noncitizens during this timeframe.
Looking Ahead
Experts believe courts will continue to dismiss baseless claims that seek to distort election processes. However, they warn that social media may become a breeding ground for misinformation, particularly from candidates who lose and seek to incite public anger. As Election Day approaches, the focus will remain on maintaining electoral integrity and ensuring that all legitimate votes are counted fairly.
