GOP's Election Lawsuits Surge as Trump and Biden Campaign in Swing States
ICARO Media Group
As President Joe Biden and Donald Trump intensify their campaigning in crucial swing states, a parallel battle is being waged behind the scenes by the Republican National Committee (RNC), which has filed election-related lawsuits in almost half of the states. These lawsuits, which target various aspects of voting and election administration, are part of a long-standing strategy that has gained momentum under former President Trump and the newly reconstituted RNC.
Recent lawsuits filed by the RNC in Michigan and Nevada over voter roll maintenance are just a few examples of their larger legal strategy. With internal changes at the RNC and increased pressure from Trump, the party sees legal maneuvering as an increasingly significant factor leading up to the November election. These lawsuits serve several purposes, including shaping campaign messaging, fundraising, and generating doubts about the validity of the election.
Danielle Alvarez, a senior adviser to the RNC and the Trump campaign, emphasized that these lawsuits are a top priority for the organization. "This is something that's very important to President Trump," she stated. "He has said that this is something the RNC should do year-round."
However, Democrats and legal experts argue that these lawsuits could overwhelm election officials and undermine voter confidence in the election results. The Democratic National Committee (DNC) has developed its own legal strategy to counter the GOP's efforts, investing tens of millions of dollars to build a robust voter protection operation. Their spokesperson, Alex Floyd, accused the RNC of actively deploying "an army of lawyers to make it harder for Americans' ballots to be counted."
Election litigation has sharply increased since the 2020 election, in which Trump and his allies failed to overturn Biden's victory through numerous lawsuits. Experts noted that the surge in legal action was not an anomaly; it continued into the 2022 midterms and is projected to persist this year. "Litigation seems to now be a fixture of each parties' political and electoral strategies," stated Miriam Seifter, an attorney at the University of Wisconsin Law School.
The RNC's litigation targets include voter ID rules, mail ballots, and voter roll maintenance. One of their recent lawsuits alleged that Michigan had failed to keep its voter rolls up to date. Maintaining accurate voter rolls is a routine task for election officials who update information based on death notices, motor vehicle records, and election mail. Michigan's use of the interstate data-sharing system ERIC has also been targeted by conspiracy theories. Opponents argue that the RNC's lawsuit relies on flawed and unsubstantiated data and could lead to the purging of legitimate voters.
While previous lawsuits targeting voter rolls have been primarily brought forward by fringe groups, the involvement of a prominent political party raises concerns among critics. Caren Short, the director of legal and research for the League of Women Voters, said, "Now seeing a prominent political party attempting to purge people from the rolls, it's very concerning."
Michigan's voter rolls have faced three similar unsuccessful lawsuits in the past four years. Following the filing of the Michigan lawsuit, the RNC filed a similar one in Nevada. The RNC has also been involved in lawsuits in Pennsylvania, Wisconsin, Arizona, and Mississippi, targeting various election procedures and practices.
In addition to the RNC's legal efforts, other groups have filed similar litigation recently. One example is a lawsuit against the Maryland State Board of Elections, claiming non-compliance with federal and state law in the state's voting system.
The RNC has stated that it and affiliated groups are involved in dozens of other cases, with more planned in other states throughout the year. The RNC's legal team has already been engaged in over 80 lawsuits across 23 states during this election cycle.
The Republican Party's heightened focus on election-related litigation is evident in recent changes within the RNC. Under the leadership of Chairman Michael Whatley and Lara Trump, the former president's daughter-in-law, the RNC has reshaped its organization to prioritize "election integrity." The establishment of an "election integrity department" with its separate budget and leadership reflects this shift.
While many election law experts believe most of these lawsuits are unlikely to succeed in court, they see them as tools for fundraising and a means to keep the issue of election integrity in the spotlight during campaigns.
However, democracy groups and legal experts warn that these lawsuits could lay the groundwork for false narratives challenging the validity of the 2024 election, while also consuming valuable time and resources at election offices nationwide. Post-election lawsuits could potentially delay or obstruct the certification of election results.
David Becker, the founder and executive director of the Center for Election Innovation & Research, expressed concern over these lawsuits, stating, "We saw this in 2020. We saw it in 2022. And we're beginning to see the planting of seeds of doubt in the minds of the electorate again in 2024."
As Election Day draws nearer, the legal battles initiated by the RNC continue to shape the political landscape, raising questions about the impact on voter confidence and the overall democratic process.