"Even if news organizations declare a winner in the close presidential race, that’s not the official result. States have until Dec. 8 to settle any election disputes and certify their results before the meeting of state electors in every state Dec. 14, when they cast their Electoral College votes for president.
While knowing who won a presidential election usually doesn’t take this long, it isn’t unprecedented if it does.
Think back to Bush v. Gore...
Here’s a look at legal fights in key states.
Pennsylvania...
...Now What?
Clearly, this election has generated significant litigation. We can’t help but wonder if a lot of it could have been avoided if election officials had heeded our warnings about the dangers of mail-in voting and changing election procedures too close to an election without their state legislature’s approval.
...Two things should be kept in mind.
- First, gathering the evidence of misconduct, fraud and other problems that may have compromised an election is extremely difficult and expensive. As an Indiana state court pointed out in an election fraud case in 2004, “the time constraints that govern election contests, primarily designed to serve important interests and needs of election officials and the public interest in finality, simply do not work well in those elections where misconduct” is widespread and multifaceted.
- Second, courts are usually very reluctant to overturn election results even with substantial evidence of possible problems that raise questions about the legitimacy of the outcome...Read all.
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