In Legal Blitz, Republicans Establish Foundation for US Election Challenges According to Reuters

By Jack Queen

In Arizona, one of the seven key battleground states that could determine the outcome of the 2024 presidential election, a legal strategy is emerging from the America First Legal Foundation, a conservative advocacy group founded by Stephen Miller, a former adviser to Donald Trump. This group is pushing the idea that judges should have the authority to void election results due to "failures or irregularities" by local officials.

The lawsuit claims that in cases of significant irregularities, courts should be empowered to discard election results and mandate fresh voting rounds in two Arizona counties where Democratic candidate Kamala Harris currently holds a narrow lead over Trump.

Nearly four years after Trump and his supporters attempted—and ultimately failed—to overturn the 2020 election results through over 60 lawsuits, Republicans are ramping up legal efforts to prepare for potential losses. The Republican National Committee is reportedly involved in over 120 lawsuits spread across 26 states, a strategy that some observers and voting rights advocates argue aims to undermine public confidence in the electoral process.

While Republicans assert these lawsuits are intended to restore faith in elections by ensuring the integrity of voting and preventing illegal ballots, Trump’s claims of widespread fraud in the 2020 election continue to resonate within the party.

Although the Arizona case may face significant hurdles, legal experts observe it aligns with a growing trend of Republican-led lawsuits that seemingly aim to cast doubt on the legitimacy of the electoral process before votes are cast, potentially laying the groundwork for disputes post-election.

"This is part of creating a narrative that there will be irregularities that will require external intervention," noted Richard Briffault, a professor at Columbia Law School.

The America First Legal Foundation and its representatives did not respond to requests for comments. A spokesperson from the Republican National Committee emphasized the party’s focus on addressing alleged issues with voting systems to ensure that elections are fair and transparent, thus fostering voter confidence.

With the Nov. 5 election approaching, Harris and Trump are locked in a competitive race, fueling a frenzy of litigation from both parties over election rules. Generally, Republicans pursue lawsuits to enforce stricter voting measures they argue are necessary to combat fraud, while Democrats typically advocate for maintaining accessible voting opportunities.

The Harris campaign accused Republicans of attempting to create distrust in the electoral process, claiming such strategies undermine democracy with the intent to contest any unfavorable outcomes.

In Michigan, Republicans are engaged in legal action to prevent state agencies from widening access to voter registration, limit mobile voting sites, and enforce stricter verification rules for mail-in ballots. In Nevada and other states, Trump’s allies are advocating for the removal of alleged ineligible voters from rolls, although deadlines for such actions have already lapsed. Meanwhile, in Pennsylvania, efforts are underway to enforce strict mail-in voting regulations.

Election-related litigation surged in 2020 due to the pandemic, which prompted changes in voting methods and a broader reliance on mail-in ballots. Many of the over 60 lawsuits filed by Republicans contesting Trump’s loss were dismissed by the courts.

Now, however, Republican arguments often assert claims of widespread fraud at the very heart of the electoral process. According to a recent poll, a significant majority of Republican voters believe voter fraud is a common issue, far exceeding the percentages of independents and Democrats who share that view.

"They’re initiating proactive measures, in contrast to 2020’s reactive approach," Briffault stated.

The Arizona lawsuit, filed in February in Yavapai County, illustrates the preemptive legal strategy being employed by Trump’s supporters. It alleges a series of "missteps and illegalities" by election officials in various counties during previous elections and claims that judicial intervention is necessary to restore public trust.

Maricopa County was dismissed from this lawsuit due to procedural issues. The legal complaint requests a judge to impose 24 specific directives aimed at enforcing the America First Legal Foundation’s interpretation of election laws, including potentially invalidating current results and ordering new elections. Such claims include allegations of insufficient staffing at ballot drop-off locations and failure to properly verify ballot signatures.

Legal experts express skepticism about the likelihood of a judge granting such sweeping requests, but they warn that a ruling to nullify election results in a critical state could lead to chaos and further delays. Some believe this uncertainty is a central aim of the Republican legal strategy.

The resulting instability could empower local officials and state legislatures to interfere with election outcomes, with allegations of fraud potentially facilitating political maneuvering that impacts results, as suggested by voting rights attorney Sophia Lin Lakin. “It’s about laying the groundwork for enough doubt in the electoral process to allow for political interventions,” she remarked.