With many expecting a flurry of lawsuits filed after Election Day, some legal experts warn of judicial interference when it comes to ballot deadlines and other issues.
More than 100 election lawsuits are still being settled as early voting is underway in several states.
“States have carefully calibrated election systems and what happens when a judge or a court interferes and imposes it's own rules and it's own regulations, states are not able to properly process those ballots in time,” says Michael O'Neill, assistant general counsel for the Landmark Legal Foundation.
The Constitution gives states authority to process their own elections. O'Neill says state legislatures put laws in place for a reason, and judges at all levels should just stay out of it.
“What they should do is defer to a state's authority,” he says. “They should rule that states have ultimate authority to certify their election, and defer to a state's position on how they're going to process and count ballots.”
O'Neill says this is why in-person voting is more important than ever.
“Individuals run the risk of becoming disenfranchised because they could easily fail to properly complete their ballots. Those ballots could be lost in the mail or they could be interdicted.”