In key battleground states expected to decide the November election, officials are preparing for the various legal challenges that could stop contests from being certified.
In Arizona, Pennsylvania, and Michigan, officials are preempting challenges with orders to have election challenges fast-tracked to avoid any holdups with the certification process, which must be completed weeks after the Nov. 5 election.
On Tuesday, the Arizona Supreme Court issued an administrative order that judges “give priority” to cases regarding the outcome of the election to ensure all lawsuits are resolved by the Dec. 11 deadline for certification.
“Proceedings in election contests must be scheduled so that an appealable judgment will be issued in sufficient time for consideration of an appeal, if any, and a potential remand,” the order said. “If the contest concerns presidential electors, an appealable judgment must be entered no later than 1:00 pm on December 6, 2024.”
In September, a memo was sent to all judges in Michigan instructing them to notify the state Supreme Court clerk and other officials of any election-related cases filed after the election in a bid to speed up the process prior to certification.
The Pennsylvania Supreme Court also adjusted court rules in August to speed up election challenges, ordering that election-related appeals have a three-day window rather than the usual 10-day window. The change was done to ensure that the state’s electoral votes will be certified on time in keeping with federal law.
Even before Election Day, challenges have been amassing regarding the critical vote. A Georgia court halted a rule approved by the state election board to hand-count ballots on Election Day as legal fights begin before the polls have closed.
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All four states, Arizona, Georgia, Pennsylvania, and Michigan, are rated as “toss-up” contests in the presidential race by the Cook Political Report. In 2016, all four voted for former President Donald Trump, while in 2020, they all voted for President Joe Biden.
Following the November 2020 election, Trump’s campaign launched various unsuccessful challenges to the results in key swing states. Several lawsuits, regardless of who wins, are expected to be filed after the polls close on Nov. 5 regarding this year’s election.
