Read our Expert Analysis in Law360

Legal Institutions Must Warn Against Phony Election Suits

by Elise Bean  —  Director of the Levin Center Washington, D.C., Office  — Law360  —  October 22, 2024

The U.S. electoral system, already strained by years of unsubstantiated attacks on its integrity, is facing a formidable threat as the 2024 presidential election nears.

The presidential race is currently a toss-up, and allies of the major political parties have already filed well over 100 election-related lawsuits, primarily in key swing states, seeking to challenge voting regulations and protocols ahead of the election.

Postelection lawsuits could subject U.S. democratic systems to yet another wave of challenges and risk overturning the will of the voters. Rather than hope the legal system can withstand the possibility of another tsunami of litigation, proactive measures should be taken now to protect the courts and caution lawyers against filing unsupported claims of election fraud.