Where election procedures could lead to protracted challenges in November

The 2020 election was one of the most contentious presidential elections in recent history. Former President Donald Trump sought to offset losses in key states like Georgia through various challenges to the certification of results showing President Joe Biden as the winner.

Four years later, the race for the White House is likely to be close again, and the electoral process in several states has left the door open for election challenges that could prolong the presidential fight. Here are three states where action or inaction could leave the door open to lengthy challenges to the Nov. 5 election.

Georgia

The State Election Board, which no longer includes Georgia’s secretary of state, has passed several measures in recent months that have changed the voting process in the critical swing state.

The key procedural change that could prolong the fight for the Peach State says local election officials can conduct a “reasonable investigation into whether the tabulation and tally of elections are complete and accurate and that the results are a true and accurate representation of all results.” “the votes cast in this election” before the results are certified.

The measure passed in August and has drawn a legal challenge from Democrats over the problems it could cause with the timeline for certifying the state’s election results.

Another rule change that has raised concerns about how quickly election results are available in Georgia is the board’s rule requiring all counties to hand-count all ballots for the November election in addition to machine counting.

Pennsylvania

In the Keystone State, deadlines for certifying the election before the Electoral College meets could be an issue because the state has not yet passed a law requiring certification before the required deadlines.

After a chaotic certification process for the 2020 election, Congress passed reforms to the certification process for the 2022 presidential election with the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

The law requires a state to issue its certification of determination by December 11, 2024, but unlike several other key battleground states, Pennsylvania has not yet set firm deadlines for completing recounts and litigation by that date. A bill setting hard deadlines has passed the state House of Representatives, but the state Senate has yet to act on it.

While federal law allows courts to issue a certificate of declaratory judgment by Dec. 16, the day before the Electoral College meets, the discrepancy between state and federal law deadlines could raise doubts among lawmakers and activists — and possible challenges to the election Certification of results during a joint session of Congress on January 6, 2025.

Wisconsin

The Badger State could face a similar problem to Pennsylvania, as the state has not yet set firm deadlines for certification ahead of the new federal deadlines – which could be exploited to delay or cast doubt on the certification of results.

Democrats in both Pennsylvania and Wisconsin have sounded the alarm about the problems that could arise from the gap between state and federal law, saying that while unlikely, it could lead to problems.

“The danger is that if we don’t meet the deadline, we open ourselves up to further litigation,” said Democratic state Rep. Lee Snodgrass Reuters. “There could be a lawsuit over anything.”

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While challenges to the results of various states can still be raised at the January 6 session of Congress, the 2022 Electoral Count Act has raised the bar for objections during the session. Under the new law, a fifth of members of the House and Senate must sign for an objection to be filed.

Georgia, Pennsylvania and Wisconsin are expected to be some of the states closest in the battle for the White House between Trump and Vice President Kamala Harris. In 2016, Trump won all three states en route to an Electoral College victory, while in 2020, Biden won all three states en route to an Electoral College victory.