As the US presidential Election is around the corner, I took a random glimpse at the major concerns and worries of the electorates. Although expressed in many forms I translated them into various legal dockets. For instance, it's not clear whether votes will be counted electronically or by hand following a recent judicial pronouncement in the state of Georgia.
Nonetheless, the 2024 U.S. presidential election faces several pressing legal issues, many rooted in unresolved controversies from prior elections and new challenges arising with state law changes. Here are five key issues:
- Voter Eligibility and Registration Verification: Lawsuits across states like Nevada highlight disputes over efforts to purge alleged non-citizens from voter rolls, reflecting intensified scrutiny around who qualifies to vote. Additionally, controversies over how election clerks verify absentee ballots, such as in Michigan, have led to litigation claiming that the state’s absentee voting guidance is inadequate for ensuring election integrity.
- Election Worker and Voter Protections: Increased threats against election workers have led states like Nevada to pass laws enhancing protection for these individuals. Legal battles are ongoing regarding the constitutionality of such laws, reflecting concerns over voter and worker intimidation. This is part of a broader landscape of challenges to the security and safety measures protecting electoral processes and the individuals involved.
- Absentee and Mail-In Ballot Processing: Legal disputes are resurfacing over the acceptance criteria for absentee ballots, such as envelope sealing requirements in North Carolina and dated envelope requirements in Pennsylvania. As mail-in ballots play a critical role, particularly in battleground states, such litigation could influence election outcomes if certain ballots are invalidated or counted differently.
- Election Law Variations and State vs. Federal Authority: Legal challenges to states’ unique election procedures, including Arizona’s updated election manual, highlight tensions between state-specific election laws and federal oversight. Questions about the authority of state officials, such as secretaries of state certifying results even in local disputes, are leading to lawsuits that could impact the certification process if results are contested post-election.
- Election Misinformation and Free Speech: New laws aimed at curbing election misinformation have sparked debates over First Amendment rights, especially as they pertain to information spread online. These legal challenges are essential as courts must balance misinformation prevention with protecting free speech in an increasingly digital campaigning environment.
These issues collectively highlight the evolving legal landscape of U.S. election law, demonstrating how closely courts, state legislatures, and federal authorities will be involved in 2024 election oversight, certification, and potential dispute resolution. Each of these elements reflects lingering challenges from previous election cycles and the adaptability of law in safeguarding or restricting various aspects of the voting process.
I remain Ikechukwu Odoemelam
