Republicans are contesting various facets of mail-in voting in pivotal electoral domains.
Electorally significant states like North Carolina, Pennsylvania, Nevada, and Michigan continue to witness a significant volume of mail-in and absentee voting. Consequently, numerous legal disputes have arisen in battleground states, with Republicans instigating several lawsuits to challenge aspects ranging from the proper sealing of mail-in ballot envelopes to their correct postmarking.
Democrats, conversely, have endorsed mail-in and absentee voting, eager to ensure these ballots are acknowledged in the 2020 elections. In response to public apprehension about in-person polling sites during the pandemic, Democrats actively advocated for easy access to this voting method.
Republicans have displayed more uncertainty regarding the subject. While former President Donald Trump has expressed concerns over mail-in voting, labeling it "corrupt" after his 2020 loss, he has also emphasized the significance of every vote, including early voting and absentee ballots.
Trump encouraged voters to plan ahead for early and absentee voting during a rally in Erie, Pennsylvania, last month.
As litigation surrounding these ballots advances in several states, notably ones where the presidential race between Trump and Vice President Kamala Harris is particularly tight, the resolution of these lawsuits could ultimately influence the election outcome.
As per Paul Cox, general counsel for the North Carolina State Board of Elections, the potential for one party to challenge the ballot results is predictable in close elections.
North Carolina
The North Carolina Republican and national party affiliates filed a lawsuit against the North Carolina State Board of Elections in September, seeking to invalidate any absentee ballots that aren't properly sealed.
North Carolina counties started validating their absentee ballots starting October 1. Every Tuesday, county election officials gather to process these ballots in public meetings.
A bipartisan board of five members, including two Democrats, two Republicans, and an appointee, oversees the process in Wake County, North Carolina. The board members scrutinize each ballot to verify that it's signed and dated, that the envelope is sealed correctly, and to identify any flaws that might disqualify the ballot.
The 2020 election showed a preference for Joe Biden in North Carolina's absentee voting, with 260,000 more Democrats requesting absentee ballots compared to Republicans. As of now, there isn't a clear frontrunner between Harris and Trump in this crucial state.
Cox pointed out that North Carolina allows election workers to start preparation for Election Day early, which enables them to initiate vote counting early to avoid an overwhelming surge of voting at the last moment.
Pennsylvania
Pennsylvania's presidential race, which is closely contested and may even be disputed, is witnessing several ongoing legal disputes concerning mail-in and absentee ballots.
The Republican National Committee and Pennsylvania Republican Party filed a lawsuit to Pennsylvania's Supreme Court to end mail-in ballot "notice-and-cure" procedures, which facilitate voters in certain regions to rectify issues like an incorrect date or missing signature on the envelope.
Democrats, meanwhile, have petitioned to have a state law disqualifying mail-in ballots with absent envelopes invalidated if they're missing the date or have an incorrect date listed.
The Pennsylvania Supreme Court declined to entertain both cases over the weekend. However, the RNC could challenge post-election situations synonymous to these difficulties.
State officials are attempting to resolve potential problems in advance of casting ballots in Pennsylvania. Instructional videos on mail-in and absentee ballot procedures have been developed to minimize the number of disqualified ballots.
Nevada
In Nevada, the RNC is challenging Nevada's Secretary of State Cisco Aguilar in the 9th US Circuit Court of Appeals over postmarked receipts on mail-in ballots. Nevada state law permits ballots to be counted even when they're received up to 4 business days beyond Election Day.
The RNC argues that Nevada's law negatively impacts Republican candidates since, in their view, Democratic candidates do better with mail-in ballots counted after Election Day.
Michigan
Michigan Secretary of State Jocelyn Benson is facing a lawsuit from the RNC alleging the state hasn't fully guided election officials on how to check the authenticity of absentee ballots, particularly present regarding verifying signatures.
The complaint states that misinterpretations of this clear statutory framework might lead to inconsistencies in local clerks' handling of the requirement to confirm that the voter's signature corresponds with the ballot envelope number.
In a separate case, Republicans challenged guidance provided by Benson that mail ballots that don't match their corresponding envelope information should be cataloged as "challenged," providing options for remedying, instead of being processed as "rejected." Benson's office argued that this procedure has been established in Michigan since 1996, having gained endorsement from both Republican and Democratic officials.
A judge lately ordered Benson to clarify her guidance, specifying that election employees must confirm the matching number on the ballot and the envelope, rather than suggesting they "should" perform this task.
Despite the Republican National Committee lodging lawsuits in Michigan to annul mail-in votes, the head of the Michigan GOP, Pete Hoekstra, shared a picture of his own vote through an absentee ballot on X on Monday.
CNN’s Marshall Cohen helped compile this piece.
In the context of the ongoing legal disputes surrounding mail-in and absentee voting, politics plays a significant role in shaping the responses of major parties. Democrats have advocated for easy access to these voting methods, while Republicans have displayed uncertainty and filed multiple lawsuits to challenge various aspects of the process.
The political climate in battleground states like North Carolina is particularly tense, with the North Carolina Republican and national party affiliates filing a lawsuit against the State Board of Elections over the proper sealing of absentee ballot envelopes.
