A wave of legal actions regarding election procedures is set to play a significant role not only in determining who votes in the presidential election but also in influencing the outcome of the showdown between former President Donald Trump and Vice President Kamala Harris.

The Republican National Committee (RNC) has initiated over 100 lawsuits. Some of these aim to ensure that mail-in ballots are only counted if they are received by Election Day, that mailed ballots comply with certain requirements such as proper dating, and that noncitizens—who are legally prohibited from voting in federal elections—are not allowed to cast ballots.

Conversely, the Democratic National Committee (DNC) and various civil rights organizations are concerned that these legal actions could result in restrictions that disenfranchise legitimate voters if they succeed. The DNC and its partners are also engaged in legal battles to thwart voting restrictions and to prevent last-minute alterations to election regulations.

The RNC argues that these lawsuits are designed to compel election officials to adhere to the law. RNC Chairman Michael Whatley has stated that Pennsylvania’s mail-in ballot policies “disregard the law” and diminish public trust in elections, while claiming that the North Carolina State Board of Elections acted unlawfully in its voter registration practices.

Sean Morales-Doyle, director of voting rights at the Brennan Center for Justice, remarked, “There has been a substantial amount of litigation surrounding elections this year.”

Here are some significant cases with potential implications:

Mississippi’s Absentee Ballot Submission Deadline

Legal experts indicate that a case from Mississippi concerning the absentee ballot submission deadline could reach the Supreme Court and significantly affect multiple states.

Mississippi allows mailed ballots that are postmarked by Election Day to be counted if they arrive up to five days afterward. Similarly, another 12 states—like California, Florida, and New York—and the District of Columbia have grace periods that range from one to ten days for absentee ballots.

The RNC and the Mississippi GOP challenged this law in federal court in January, arguing that federal law stipulates an end to voting on Election Day.

However, county election officials, backed by the state, argue that ballots simply need to be submitted by the deadline, as confirmed by the postmark, and can be counted afterward.

The Justice Department has sided with the state, asserting that a strict Election Day deadline could disadvantage military and overseas voters who send in their ballots.

If the case reaches the Supreme Court and the justices favor the RNC’s position, the ruling could lead to the invalidation of tens of thousands of ballots received after Election Day across the country. According to a Massachusetts Institute of Technology study, over 50,000 mailed ballots were rejected as late in 2020 without stricter deadlines. However, legal experts believe it is improbable that the 5th Circuit or Supreme Court would take such a “drastic” stance.

“The possible outcomes could be very significant, and I sincerely hope that the 5^th Circuit isn’t inclined to be that radical,” Morales-Doyle expressed.

Previously, the 7th U.S. Circuit Court of Appeals dismissed a similar lawsuit in Illinois in August. In Mississippi, a U.S. District Court upheld the state’s deadline in July, and Republicans have since appealed. The 5th U.S. Circuit Court of Appeals heard arguments on September 24.

“If the 5th Circuit agrees with the argument presented by the RNC, it could have far-reaching implications and might even make it to the Supreme Court,” remarked Daniel Tokaji, dean of the University of Wisconsin Law School.

Vote Certification Issues in Georgia

One of the new regulations, enacted on September 20, mandates that three people in each of the thousands of voting precincts in Georgia must hand-count the number of ballots and verify them against the totals produced by the machines. The Democratic National Committee and Georgia Democratic Party have filed a lawsuit on September 30, arguing that the state legislature did not empower the board to implement such a rule, reflecting the guidance that Republican Georgia Attorney General Chris Carr had provided to the board.

The lawsuit claims that allowing the Hand Count Rule to be enforced will disrupt the general election process, causing major delays in vote count reporting in larger counties and presenting challenges for election officials trying to implement new procedures at the last minute.

On Tuesday, the election boards of Cobb County and DeKalb County in the Atlanta area filed a lawsuit against the state election board concerning the hand-count rule and other last-minute modifications.

On the same day, Georgia Judge Robert C. I. McBurney conducted expedited trial proceedings in a separate case brought by Democrats, which challenged two rules from the state election board established in August. One rule mandates that county officials perform a “reasonable inquiry” before certifying results, while the other allows them to review any documentation produced during the election process.

Democrats have asked McBurney to affirm before the election that the Nov. 12 deadline for county certification is compulsory and that the new rules do not alter this requirement, aiming to “prevent chaos in November.”

In addition, McBurney presided over proceedings linked to a lawsuit by Julie Adams, a Republican from Atlanta’s Fulton County election board, who declined to certify results in the May primary. Adams is attempting to gain access to election-related documents and seeks a court ruling that allows her to vote ‘no’ on the certification. While the county asserts she has no right to withhold certification or access the documents, it also claims to have voluntarily granted her access to certain materials.

McBurney looked inclined to favor Adams regarding her access to documents but appeared set to rule against her on the certification matter.

He noted, “You can certify by reviewing numerous records or just a few, questioning or not questioning poll workers, looking at everything you want—within the limited time you have,” during the proceedings on Tuesday.

Ballot Errors in Pennsylvania

Pennsylvania, another important swing state, is facing a couple of critical cases regarding how to handle errors on absentee ballots.

The state Supreme Court ruled on September 13 that absentee ballots with missing or incorrect date information on their outer envelopes are not to be counted. On September 27, the American Civil Liberties Union requested the U.S. Supreme Court to reconsider this decision, arguing that rejecting ballots for “immaterial errors” violates both the 1964 Civil Rights Act and the 1965 Voting Rights Act.

On Friday, the state’s highest court dismissed another similar case, stating it wouldn’t endorse substantial changes to existing rules and procedures since voting has already commenced.

Justice Kevin Brobson concurred with the unsigned ruling, pointing out that the court had established in February 2023 that a ballot is deemed invalid under Pennsylvania law if it is missing a date or has an incorrect date. Justice Sallie Updyke Mundy supported his viewpoint.

Justice Christine Donohue expressed agreement as well, emphasizing that overturning a statute is a serious matter that necessitates a thorough review of the entire statute, not just a part addressing the mistakes made on absentee ballots. Justice Daniel McCaffery also backed her opinion.

Chief Justice Debra Todd dissented, stating that this issue is “of grave importance” and it is “imperative” to resolve the disagreement promptly.

In another case, the RNC and Pennsylvania GOP appealed to the state Supreme Court on September 18 to prohibit instructions given by Secretary of State Al Schmidt to county election boards in March and August regarding how to handle absentee ballot errors instead of discarding them. These errors might include voters forgetting to sign or date their ballots, or the absence of an outer security envelope.

Following Schmidt’s guidance, certain counties are automatically notifying voters with flawed mail ballots to provide them the opportunity to cast provisional ballots on Election Day. The Republicans argue that the legislature has not authorized Schmidt or the counties to assist voters in correcting mail ballot issues, implying that such ballots should simply be rejected. They contend that the uncertainty surrounding the correction of mail ballots might “lead to chaos and diminish public confidence in the election.”

Government attorneys counter that the Republicans convoluted legal matters and misrepresented the facts. Election officials in various counties, especially in Democratic areas like Philadelphia and Pittsburgh, claim their aim is to ensure voters can still cast a ballot even if their mail ballots have issues. The Democratic National Committee and the state party assert that the Republican position could disenfranchise voters whose mail ballots get rejected.

On Friday, the state Supreme Court dismissed the Republicans’ case, issuing an unsigned decision explaining that they had delayed too long to bring it forward. The Republicans had previously filed a similar lawsuit in September 2022, which was dismissed for lack of jurisdiction in local court, but then only returned to court this September.

Brobson conveyed his agreement with the decision, noting that while the Republicans raised “important questions” in their lawsuit, the general election process is already in motion and suggested that these issues could be addressed in more timely manner in future elections. He added that another lawsuit could be initiated after the current election. Mundy aligned herself once again with Brobson’s opinion.

Controversy Surrounding Voter Registration ID Requirements in North Carolina

In North Carolina, there is an ongoing debate regarding the identification needed for voter registration. The outcome of this legal battle could influence whether approximately 225,000 voters are removed from the registration list, a number significantly higher than the victory margin that Donald Trump had over Joe Biden in the state during the 2020 elections.

The Republican National Committee (RNC) and the state’s Republican Party filed a lawsuit against the State Board of Elections in August, arguing that the board failed to necessary requirements such as providing a driver’s license number or the last four digits of a Social Security number for registration. They claimed this oversight may have allowed noncitizens to register, eroding trust in the electoral process.

The members of the election board countered that it was unclear whether the federal Help America Vote Act mandates that registrants submit ID numbers. They accused the Republicans of attempting to disenfranchise hundreds of thousands of voters while the voting period was ongoing and requested the case be thrown out.

Voting commenced on September 20, with ballots sent out to military and overseas voters.

U.S. Chief District Judge Richard Myers has set a hearing for October 17.

According to Aziz Huq, a law professor at the University of Chicago, “It doesn’t seem far-fetched to think that such a case could reach the Supreme Court by late October.”