Larry Norden, the Vice President of the Elections and Government Program at the Brennan Center, dives into the potential turbulence of the 2024 election. He discusses the likelihood of litigation, with over 165 lawsuits already anticipated targeting voter eligibility. The conversation also covers the impact of misinformation on public trust and the importance of local election officials’ safety. Norden emphasizes the advancements in election integrity since 2020, including the significance of paper ballots and collaboration with law enforcement.
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Quick takeaways
The 2024 election faces heightened challenges due to an unprecedented number of legal disputes, potentially undermining public confidence in election integrity.
Recent experiences with election certification disputes have equipped officials with better strategies to navigate post-election uncertainties and litigation.
Deep dives
Election Certification Challenges
Over the past few years, there have been significant challenges regarding the certification of elections at the local level, with 35 local officials refusing to certify election results. This has necessitated state attorneys general and secretaries of state to engage in court actions to compel compliance, which has made them more adept at ensuring elections are certified moving into 2024. The experience gained from these legal proceedings has better equipped officials for potential future disputes, enhancing resilience in the electoral process. As the 2024 election approaches, these dynamics underscore a more prepared framework for addressing certification challenges.
Timing and Factors Influencing Election Results
The timing of election results can be significantly affected by how close the election is, as well as the rules governing mail and provisional ballots in particular states. Close races often lead to extended counting periods, especially when provisional ballots are involved, which necessitate additional verification steps. Various states impose laws that can slow down the counting process, such as prohibiting the processing of mail ballots until Election Day. These factors highlight the complexities of the electoral system in the United States, contrasting with more streamlined processes in other countries.
Litigation and Legal Challenges Ahead of 2024
The lead-up to the 2024 election has already witnessed an unprecedented number of legal challenges, particularly in battleground states, with lawsuits aimed at voter rolls, mail-in ballots, and voting technologies. Many of these cases appear to be strategically timed to instigate uncertainty and chaos rather than seek legitimate judicial relief, raising concerns about their impact on public confidence in election integrity. For instance, litigation targeting military and overseas voters seeks to undermine their ballot validity, reflecting a broader trend of sowing doubt about the electoral process. The evolving legal landscape points to potential post-election disputes reminiscent of the challenges faced in 2020.
Disinformation Threats and Election Integrity
The threat environment for election officials has become increasingly perilous, with a notable rise in harassment, intimidation, and threats, particularly as false information continues to proliferate. Polling indicates that a significant proportion of local election officials now feel unsafe in their roles, compounded by high-profile social media figures disseminating misleading narratives about the electoral process. As the 2024 election approaches, preparation for public unrest and disinformation campaigns has intensified, with law enforcement and election officials collaborating more closely than in the past. Despite these challenges, the overall resilience of the electoral system is bolstered by a better understanding of security measures and enhanced public awareness.
Looking back on the 2020 election, the time between Election Day and Inauguration Day stands out as one of the most fraught and uncertain in recent American history. Will 2024 follow a similar path? In this episode of the 538 Politics podcast, Galen talks with Larry Norden, vice president of the Elections and Government Program at the Brennan Center, to provide a clearer picture of what we might expect after Election Day. They discuss when results could be expected, the types of misinformation that may circulate after the votes are cast, and why this election is seeing more litigation than any before it.