Republicans and Democrats Are Both Preparing for Long Legal Battles Over the 2024 Election Results
As the 2024 U.S. presidential election draws nearer, both Republicans and Democrats are bracing themselves for a prolonged and contentious legal struggle over the election results. With recent elections demonstrating how razor-thin margins can lead to legal challenges, neither party is leaving anything to chance this time. They are assembling legal teams, readying for court fights, and preparing to contest outcomes in critical swing states. Given the high stakes, it’s clear that the 2024 election could be decided not just at the ballot box, but in the courts.
The Growing Trend of Election Litigation
The increase in legal disputes over election outcomes is a relatively new phenomenon in American politics, especially in the modern era. While legal challenges have long been a part of U.S. elections, the frequency and intensity of these battles have escalated in recent years. The 2000 presidential race, where a recount in Florida led to the Supreme Court’s Bush v. Gore decision, is often seen as the catalyst for today’s litigation-heavy environment. Since then, both major parties have increasingly viewed the courts as an essential battleground for securing victories, particularly in tight races.
In 2020, the election saw a surge in lawsuits filed by both Democrats and Republicans, largely centered around issues like mail-in voting, ballot counting, and alleged voter fraud. Although many of these suits were dismissed, they underscored the readiness of both parties to contest results they believed were unfavorable. The 2024 election appears to be shaping up in a similar fashion, with legal teams already preparing to challenge any perceived irregularities or uncertainties.
Why the 2024 Election Is Primed for Legal Challenges
There are several reasons why the 2024 election is likely to result in legal battles from both Republicans and Democrats:
- Highly Polarized Electorate: The U.S. political landscape is deeply divided, with both parties having deeply entrenched voter bases. In such a highly polarized environment, close elections are almost inevitable, particularly in battleground states. When margins are slim, both sides will be more likely to challenge results in court.
- Increased Reliance on Mail-In and Absentee Voting: The COVID-19 pandemic accelerated the use of mail-in and absentee ballots, which has remained popular with voters. However, this method of voting has also been a focal point for disputes, with concerns over ballot integrity and counting procedures. Both parties are expected to scrutinize mail-in ballots closely, especially in states with high numbers of absentee voters.
- Evolving Election Laws: In the aftermath of the 2020 election, several states enacted new voting laws, some tightening rules around mail-in voting and voter ID requirements, while others expanded access. These changes could become flashpoints for legal challenges, as parties may contest the legality of certain procedures or claim that new laws disenfranchise voters.
- Social Media and Misinformation: The spread of misinformation and false claims about election integrity has only added fuel to the fire. Social media plays a significant role in shaping public perception of election fairness, and any allegations of fraud or misconduct, even if unfounded, could lead to lawsuits. Both Republicans and Democrats are keenly aware of this and are prepared to use the legal system to contest results they view as questionable.
Republicans’ Legal Strategy for the 2024 Election
The Republican Party has been particularly vocal about concerns surrounding election integrity, especially regarding mail-in voting and voter ID laws. For the 2024 election, Republican legal teams are expected to focus on:
- Challenging Mail-In Ballot Procedures: Republicans have consistently raised concerns about the security of mail-in voting. They are likely to challenge how these ballots are counted, especially in states where they believe procedures are too lenient or open to abuse.
- Ensuring Strict Voter ID Requirements: Many Republicans advocate for stricter voter ID laws to prevent what they view as potential fraud. Legal battles could arise in states where ID requirements are relaxed or where voters are allowed to vote without traditional identification.
- Targeting Swing States: Key battleground states like Pennsylvania, Georgia, and Arizona are likely to be the focal points of any Republican legal strategy. These states, which were closely contested in 2020, could once again be at the heart of legal disputes in 2024.
Democrats’ Legal Preparations for the 2024 Election
On the other hand, Democrats are preparing to defend the expanded voting access measures that were enacted in several states after 2020. Their legal strategy is likely to center around:
- Defending Mail-In Voting: Democrats have long championed mail-in and absentee voting as a means of expanding voter access, particularly for marginalized communities. In the event of legal challenges from Republicans, they will focus on defending the validity and security of these ballots.
- Challenging Voter Suppression Laws: In states that have passed more restrictive voting laws, Democrats are likely to argue that these measures disproportionately affect minority voters and others who may struggle to meet new requirements. Legal fights over voter suppression are expected to be a major aspect of the 2024 election.
- Countering Fraud Allegations: Democrats are also preparing to counter any claims of widespread voter fraud, which Republicans may use as grounds for challenging results. By assembling legal teams early and preparing for potential litigation, Democrats aim to ensure that votes are counted fairly and that baseless allegations don’t interfere with the election process.
Potential Outcomes of the Legal Battles
If both parties follow through on their legal strategies, it’s possible that the 2024 election could be decided in the courts, much like in 2000. A few potential outcomes include:
- Delays in Declaring a Winner: Legal challenges can significantly delay the process of declaring a winner, especially in close races. If lawsuits are filed in multiple states, it could take weeks or even months to reach a final result.
- Involvement of the Supreme Court: As with the Bush v. Gore decision, the Supreme Court could once again play a pivotal role in deciding the outcome of the election. Both parties are likely to appeal lower court decisions to the highest court if they believe it could sway the results in their favor.
- Erosion of Public Trust: Perhaps the most concerning outcome of prolonged legal battles is the potential erosion of public trust in the electoral system. Repeated legal disputes could lead to increased skepticism about the fairness of elections and further polarize an already divided electorate.
