First come the results, then come the processes. How did the AG, the lawyers prepare

ATLANTA – Across the country, state attorneys general, campaign attorneys and election-related groups braced for what could be a wave of lawsuits fish election results.

Even before the election, courts in the embattled states saw a number of lawsuits come to an end state voter registration listslast minute changes to the electoral rulesthe requirements for counting of postal ballotsand if local counties must certify the results. The founder of a frequent litigator challenging the registration lists, United Sovereign Americans, told USA TODAY in October that he already plans to sue after the results are announced.

In an internal October memo obtained by USA TODAY, attorneys for the Harris campaign and the Democratic National Committee said they have since been bracing for post-election battles. former President Donald Trump he tried to roll over President Joe Bidenhis electoral victory in 2020.

“We have been planning for four years to win not just at the polls, but in court, and to ensure another free and fair election,” wrote Dana Remus and Monica Guardiola, attorneys with senior roles in the Harris campaign and the Democratic National Committee. , respectively.

Claire Zunk, communications director for the Republican National Committee’s election integrity initiative, described the Republican election litigation operation as an “unprecedented” commitment to protecting legal votes.

“With more than 230,000 Protect the Vote volunteers, this is the most robust election integrity operation the party has ever seen,” Zunk said in a statement to USA TODAY.

Attorneys general describe the country on the sidelines

Several lawyers who spoke to USA TODAY about the 2024 legal preparations pointed to Trump’s efforts to overturn the 2020 results as a big factor. These efforts culminated in the January 6, 2021 attack on the Capitol by Trump supporters.

“We had to be prepared because there are people who, regardless of the outcome of the election, are going to claim (victory),” said Keith Ellison, the Democratic attorney general of Minnesota.

Ellison said his office has prepared for various situations, such as a local county refusing to certify the results. Local certification is part of the process of confirming and officializing the results of state elections.

As of 2020, dozens of local county officials across the country have delayed certification or refused to certify. However, none of these efforts have actually overturned a result thus far. In October, a Georgia judge ruled that county officials in his state must certify the results until the deadline, which falls on November 12 this year.

Electoral College Majority for Reno, Washoe County, Nevada voted against certification in two local elections in July, although some reversed course and the election was certificate about a week later.

Democratic Nevada Attorney General Aaron Ford told USA TODAY the certification is just one of the issues his office is making sure is ready for litigation after Election Day. The state has already seen litigation from Republican-affiliated groups over voter registration lists and the deadline for the state to receive mail-in ballots.

“No one thought, I don’t think, about what happened in 2020,” Ford said. “We are much more prepared this time.”

Asked by USA TODAY at a news conference Tuesday about his preparation for potential lawsuits after Election Day, Republican Georgia Secretary of State Brad Raffensperger said his office is “battle-tested” and has a lawsuit in place.

Voting rights groups are preparing

Longtime voting rights groups also braced for what could be a new landscape of litigation after Election Day.

Damon Hewitt, president and chief executive officer of the Lawyers Committee for Civil Rights Under Law, said the committee represented the NAACP in 15 cases between Election Day 2020 and the Jan. 6 attack on the Capitol. He sees the Georgia lawsuits over county certification and whether thousands of election workers should suddenly count ballots in this year’s elections as “general evidence” for what could come in court after Tuesday.

“We can’t afford to let this be a Republican versus Democrat or candidate versus candidate thing,” Hewitt said.

Stephanie Owens, senior voting rights counsel for the NAACP, said the national organization took some legal action before the election, including intervening in a lawsuit over the hand-counting rule. The The Georgia Supreme Court decided not to intervene on the matter before Tuesday after a lower court concluded the rule was illegal.

“There are several actions that we have taken and continue to take with our partners, mostly preemptive, to make sure that we don’t have to have so many of these fights on Election Day and beyond,” said Owens.

‘F*** around and find out’: Nevada AG’s warning on election violence

Democratic Nevada Attorney General Aaron Ford said his office is not only preparing for potential lawsuits, but is also prepared to address any political violence in the wake of the election.

Governors of several states, incl Republican Governor of Nevada Joe Lombardoactivated the National Guard to be ready to support local law enforcement on Election Day. Local offices prepared to protect poll workers with panic buttons and bulletproof glass.

Philadelphia District Attorney Larry Krasner issued a stark warning Monday to anyone thinking of getting violent during the election.

“I also want to be clear, anyone who thinks it’s time to play militia, F around and find outKrasner said.

Ford reiterated that message on Tuesday.

“I’ll say what was said in Philadelphia, excuse my French, but let them play and find out,” Ford told USA TODAY. “We will actually go after those who break the law when it comes to voter intimidation.”