Lawyers Prepare for Court Battles in Pennsylvania, Michigan and Wisconsin

The Republican and Democratic parties have poured legal resources into three swing states where litigation could slow the tally of millions of mail-in ballots

October 31, 2020 | Deanna Paul | Wall Street Journal

Democrats, Republicans and voting-rights groups are readying for postelection legal battles in Pennsylvania, Michigan and Wisconsin—closely contested states where the late tallying of absentee ballots could result in litigation.

The Trump and Biden campaigns and the two major parties have poured legal resources into these three states, which President Trump crucially flipped from Democrats in his 2016 victory, and where he is closely trailing former Vice President Joe Biden, according to Real Clear Politics polling averages.

While other swing states are also seeing election litigation, Pennsylvania, Michigan and Wisconsin pose particular challenges because of their ballot-counting rules. None have yet begun tallying millions of mail-in ballots, as other states have done, and election officials in these states say they may report results on Wednesday and beyond.

Election law experts warn that any period of uncertainty over the election’s winner could spark legal fights. Adding to the focus on Pennsylvania, Wisconsin and Michigan: They are all split between Democratic governors and Republican-run legislatures, teeing up a partisan clash over counting votes…

“We’re in uncharted legal territory” -Mark Medish