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What Next | Daily News and Analysis

A Giant Test for Election Law

What Next | Daily News and Analysis

Slate Podcasts

News, News Commentary, Daily News

4.32.4K Ratings

🗓️ 2 November 2020

⏱️ 23 minutes

🧾️ Download transcript

Summary

With just one day to go and several hundred lawsuits around the election still swirling about, which legal cases are raising major red flags? And how could they impact not just the 2020 election, but elections going forward? Guest: Rick Hasen, an election law expert at UC–Irvine and the author of Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

There are a lot of superlatives you could throw at the 2020 election.

0:10.0

You could call it the most expensive campaign so far.

0:13.1

Some are predicting the highest turnout in generations.

0:16.8

But for Rick Hassan, election law expert, he's focused on the fact that 2020 is on track

0:23.6

to be the most litigated election he's ever seen.

0:27.4

So there have been hundreds of lawsuits this election cycle, but how many are still active?

0:32.2

Do you even know?

0:33.2

I don't know, but, you know, active is a kind of misleading term because there are lots

0:39.8

of suits that are filed just in case something pops up.

0:45.4

One of these just in case lawsuits looks to ban curbside voting.

0:50.0

Others look to create tighter deadlines for mail-in ballots.

0:54.0

Rick says, right now, the way to think about these lawsuits is as an elaborate pre-game

0:59.6

hedge on the Republicans' part.

1:02.6

If the election's close, you're going to be hearing a lot more about them.

1:07.3

But if Biden wins by 6%, some of the polls say he's going to, then I think a lot of these

1:12.8

lawsuits go away.

1:13.8

It's not as though they're going to be revived and suddenly in a not-close election,

1:19.9

there's going to be the courts overturning it.

1:22.3

It's funny.

1:23.3

I hadn't thought about it as that kind of built-in suspenders approach.

1:26.4

I'm like, well, you've got to get a lawsuit on the docket for that so that we can, you

1:30.6

know, if it's close there, we have some to lean on.

...

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