Election Overtime? If Races Are Close, Expect Lawsuits
Provisional and absentee ballots, antiquated voting machines, and inconsistent laws could draw out the process.
By John Fund — November 6, 2016
If you think our marathon election season will end on Tuesday, you might be wrong.
“Margin of litigation” is a phrase we might hear a lot after Tuesday if the presidential election is close in one or more states. It refers to the number of votes by which a candidate must win in order to prevent litigation — and delays — before a result is final. Both parties will have armies of lawyers deployed on Election Night looking for irregularities and opportunities to go to court. On Sunday, Trump running mate Mike Pence told Fox News Sunday that “a clear outcome, obviously both sides will accept.” But then he went on to say, “I think both campaigns have also been very clear that, you know, in the event of disputed results, they reserve all legal rights and remedies.”
We almost went into a Bush v. Gore–like election overtime in 2004 because of provisional ballots. Voters in every state must be given a provisional, or conditional, ballot if for any reason they are unable to cast a regular ballot (if, for instance their name is not on the voter rolls or they lack voter ID, or if an election official brings a challenge). The provisional ballot is then cross-checked with public records to see if it’s valid.
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http://www.nationalreview.com/node/441846/print