Factbox: Democrats and Republicans Clash Over Election Rules in Harris-Trump Contest By Reuters

U.S. Presidential Election Faces Legal Challenges Over Voting Procedures

The upcoming U.S. presidential election, with Democrat Kamala Harris running against Republican Donald Trump, is marked by a series of legal disputes concerning how votes are cast and counted. These challenges are expected to extend beyond Election Day on November 5.

Here are key voting-related conflicts unfolding in seven pivotal swing states that are crucial for determining the election outcome, collectively accounting for 94 of the 270 Electoral College votes required to win.

ARIZONA (11 Electoral College Votes)
2020 Winner: Democratic President Joe Biden
Democratic Governor: Katie Hobbs | Republican-controlled Legislature

Under a recent federal appeals court ruling, Arizona’s laws that restrict voter registration based on residency are still in effect. These laws allow counties to cancel registrations for voters who move out of state and make it illegal to assist out-of-state residents in voting in Arizona, raising concerns among voting rights advocates about their impact on voter registration efforts.

Additionally, a conservative legal organization has filed a lawsuit to compel election officials to ensure that all registered voters are U.S. citizens. In a recent ruling, Arizona’s Supreme Court decided that 97,000 registered voters should not be disqualified due to insufficient proof of citizenship, specifically for those registered before a 2004 law was enacted.

GEORGIA (16 Electoral College Votes)
2020 Winner: Biden
Republican Governor: Brian Kemp | Republican Legislature

In Georgia, the Republican-controlled state election board has mandated that ballots be counted by hand to match the total number of votes with voters. Both Democratic and Republican officials warned that this process could slow down the counting and create confusion.

The board has also increased the authority of county officials to investigate election results, potentially enabling allies of Trump to complicate the certification process if he loses. Democrats have initiated legal action against the Georgia Election Board to prevent this rule’s enforcement, with trials commencing on October 1.

In addition, Democrats and voting rights organizations are aiming to overturn a 2021 election overhaul, which they argue is designed to suppress voter turnout among groups leaning Democratic.

MICHIGAN (15 Electoral College Votes)
2020 Winner: Biden
Democratic Governor: Gretchen Whitmer | Democratic Legislature

The Republican National Committee has filed multiple lawsuits contesting Michigan’s absentee ballot counting methods and to block voter registration by veterans and small business agencies.

NEVADA (6 Electoral College Votes)
2020 Winner: Biden
Republican Governor: Joe Lombardo | Democratic Legislature

The Trump campaign and the Republican National Committee have initiated a lawsuit aimed at requiring officials to verify that registered voters are U.S. citizens, arguing that the state is insufficiently preventing non-citizens from voting. However, little evidence has been provided in support of these claims.

NORTH CAROLINA (16 Electoral College Votes)
2020 Winner: Trump
Democratic Governor: Roy Cooper | Republican Legislature

The Republican National Committee has taken legal steps to prevent North Carolina from accepting digital ID cards from the University of North Carolina at polling places, a move that could hinder student voting. A state court denied the RNC’s request, and the committee is currently appealing.

Republicans have also sought to invalidate absentee ballots that were not properly sealed.

PENNSYLVANIA (19 Electoral College Votes)
2020 Winner: Biden
Democratic Governor: Josh Shapiro | Divided Legislature

In Pennsylvania, the state Supreme Court has ruled that mail ballots lacking the correct date on their envelopes must be rejected. Voting rights advocates argue that this requirement serves no purpose and has led to the invalidation of many legitimate ballots.

The court is also reviewing whether provisional ballots cast at polling places should be counted when voters’ mail-in ballots are rejected for issues like missing secrecy envelopes. Election officials are also concerned about potential delays in tallying mail ballots due to state law prohibiting them from starting processing until Election Day, leading to a situation similar to the chaotic aftermath of the 2020 election.

WISCONSIN (10 Electoral College Votes)
2020 Winner: Biden
Democratic Governor: Tony Evers | Republican Legislature

The Wisconsin Supreme Court is considering a challenge from a conservative group seeking to eliminate mobile voting sites, claiming they create an unfair advantage for Democrats. Additionally, there are discussions regarding whether election workers should be permitted to assist voters in correcting absentee ballot errors.

Similar to Pennsylvania, Wisconsin could face delays in declaring a winner due to not allowing the preprocessing of absentee ballots ahead of Election Day.