WASHINGTON (AP) 鈥� Election Day is 12 days away. But in courtrooms across the country, efforts to sow doubt over the outcome have already begun.
More than 100 lawsuits have been filed this year around the Nov. 8 elections. The legal challenges, largely by Republicans, target rules for mail-in voting, early voting, voter access, the counting of mismarked absentee ballots and access for partisan poll watchers.
The cases likely preview a potentially contentious post-election period and the strategy stems partly from the failure of Donald Trump and his allies to prevail in
That was an fronted by a collection of increasingly that . The current effort, however, is more formalized, well-funded and well-organized and is run by the Republican National Committee and other legal allies with strong credentials. Party officials say they are preparing for recounts, contested elections and more litigation. Thousands of volunteers are ready to challenge ballots and search for evidence of malfeasance.
鈥淲e鈥檙e now at the point where charges of fraud and suppression are baked into the turnout models for each party," said Benjamin Ginsberg, co-chair of the Election Official Legal Defense Network and former counsel to the George W. Bush campaign and other Republican candidates. 鈥淩epublicans charge fraud. Democrats charge suppression. Each side amplifies its position with massive and costly amounts of litigation and messaging.鈥�
The RNC said it has a multimillion-dollar 鈥渆lection integrity鈥� team. It has hired 37 lawyers in key states, held more than 5,000 training sessions to teach volunteers to look for voter fraud 鈥� 鈥� and filed 73 suits in 20 states. Other Trump-allied legal teams, including America First Legal, run by former Trump adviser Stephen Miller, are involved.
鈥淲e built an unprecedented election integrity ground game to ensure that November鈥檚 midterm elections are free, fair and transparent,鈥� the RNC chairwoman, Ronna McDaniel, said last month.
The Democrats' legal effort focuses on making voting easier and helping those denied a chance to vote. A team led by lawyer Marc Elias and his firm is litigating roughly 40 cases in 19 states, though many are interventions in Republican-led suits.
Elias said he is bracing for a deluge of challenges to election results. Some Republican candidates have already said they will not accept a loss or have planted doubt on the election process despite no evidence of fraud.
鈥淭he problem with the Republican Party right now is that conceding you lost an election is the only thing that will hurt you,鈥� Elias said. 鈥淐ontesting an election that is clearly lost is now where all the incentive structure is, and that is incredibly corrosive for democracy.鈥�
Almost every election begets legal challenges. But much of that generally comes after Election Day.
In 2020, pro-Trump lawyers filed roughly 60 suits and asked judges to set aside votes. Trump's own leadership found the election was fair, and state election officials saw no widespread evidence of fraud. Biden earned 306 electoral votes to Trump鈥檚 232, the same margin as Trump's victory over Hillary Clinton in 2016, when he called it a 鈥渓andslide.鈥�
At that time, the Republican establishment had not adopted Trump's lies about the election. Since then, within the GOP.
Ginsberg said unsubstantiated charges that elections were fraudulent or rigged or unreliable have become the mantra for a Republican to win a contested 2022 primary in most states.
鈥淭hat can only harm public faith in elections, something for which Republicans will eventually pay a price,鈥� he said.
For three decades, the that prohibited it from challenging voters鈥� qualifications and targeting alleged fraud. That legal agreement, which ended in 2019, arose from a Democratic National Committee suit that argued Republicans sought to dissuade Black Americans from voting by posting armed, off-duty law enforcement officers at certain polling sites and sending targeted mailings warning about penalties for violating election laws.
In 2020, Republican poll watchers, who have no direct role in the elections and cannot interfere in the electoral process apart from watching and reporting issues, were the basis of many of the suits filed by Trump allies. But when pressed by judges for evidence backing partisan claims of suspicious behavior by election workers, the litigation faltered.
Election workers have increasingly been subjected . Voter intimidation , and there is growing concern among election officials and law enforcement about or people pretending to be poll watchers intimidating voters.
against Michigan鈥檚 secretary of state, Democrat Jocelyn Benson, over rules about how poll challengers can operate.
鈥淛ocelyn Benson not only disregarded Michigan election law in issuing this guidance, she also violated the rights of political parties and poll challengers to fully ensure transparency and promote confidence that Michigan elections are run fairly and lawfully,鈥� McDaniel said in a statement.
The RNC has won legal challenges in Nevada and Arizona over the appointment of poll workers and in Wisconsin on 鈥渂allot curing鈥� 鈥� a process whereby voters can fix problems with their ballots so they can be counted 鈥� and drop boxes. Litigation in Pennsylvania involved and whether outside parties should be allowed to examine voting machines.
Democratic-led groups have initiated about 35 suits that focus largely on making voting easier. Just this week, litigation was filed on behalf of Voto Latino and the Arizona Alliance for Retired Americans to stop intimidation over using drop boxes in Arizona. The ACLU of Pennsylvania sent a letter to Allegheny County officials on mail-in ballot concerns.
Heading into 2020, such as by manipulating vote tabulations. Election officials and Trump鈥檚 own agencies said it was the most secure election ever. It was Trump and his supporters who nurtured conspiracy theories about voter fraud.
U.S. officials are that Russia is working to amplify doubts over the integrity of the elections.
This week, White House press secretary Karine Jean-Pierre said, "No outside cyber activity has ever prevented a registered voter from casting a ballot; compromised the integrity of any ballot cast; or affected the accuracy of voter registration information."
She said the government would 鈥渕onitor any threats to our elections if they arise and work as a cohesive, coherent interagency to get relevant information to the election officials and workers on the ground.鈥�
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Colleen Long, The Associated Press
