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Photo: Jacobin

Election challenges loom as midterms approach

The election dispute is taking shape before voters finish casting ballots. Federal lawsuits and investigations are already challenging election procedures in Alaska and California, and officials and party lawyers expect more disputes over counting and certification after Election Day. In a North Texas county, Republicans have sued to prevent certification unless ballots statewide are counted by hand.

The Justice Department’s actions include a bid to block certification of Alaska’s Senate race if Republican Dan Sullivan loses narrowly, and subpoenas in California concerning alleged noncitizens on voter rolls. The department has also challenged election practices in Washington state, citing people it says may be noncitizens. Those claims have drawn scrutiny, and experts across political parties characterize the legal challenges as unlikely to succeed.

Some Trump allies are also discussing whether to challenge seating Democratic Senate winners Mary Peltola in Alaska or Abdul El-Sayed in Michigan when the new Congress convenes in January. President Donald Trump has not ruled out such objections. Senate rules allow challenges to election results, but constitutional law and congressional procedure experts say the seating process cannot be used to overturn voters’ decisions. A 1969 Supreme Court ruling limits congressional consideration of a member-elect’s qualifications to age, citizenship and state residency.

Trump has repeatedly alleged election fraud and said he would accept results if elections are honest. Former Attorney General Eric Holder said such claims can weaken public confidence and discourage voting. Election officials are preparing for disruptions including threats, bad weather and technical problems, while Democratic aides say their main concern is certification disputes in state and local courts. If lawsuits fail, objections in Congress could still intensify the political fight, though experts say overturning results there would require broad support.

Reported by MSNBC, CNN, Jacobin, The Philadelphia Inquirer.

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