As the 2024 Election moves in to its final weeks, just over half of trial judges who responded to a survey question feel prepared to handle an election law challenge.
While rare in some jurisdictions, election law litigation is often broken into three categories, based on the timing of the lawsuit: prior to the election, Election Day, and post-election cases. Prior to the election, cases can focus on voter registrations, early voting challenges and ballot initiatives. On Election Day, concerns about canvassing, provisional ballots, voter intimidation, long lines, and poll watchers can find their way to the courthouse. After the election, concerns often focus on the counting of ballots and certification.
“As a state trial judge in the seat of government, we have election challenges every cycle,” one judge wrote. “Most are decided on technical issues and do not have an effect on an outcome already voted by the citizens.”
In total, 54 percent of judges said they feel prepared and 47 percent said they do not feel ready to handle an election law case.
“Preparation is relative because you never know what challenge to the law will be raised,” another judge wrote. “We do our best to apply the law and relevant case authority although novel issues seem to be more prevalent in recent challenges.”
Several judges who were trying to prepare in advance expressed frustration at the information currently available.
“The only sources of any information and training appears to be from partisan organizations,” a judge wrote. “It would be very helpful if there was any training available in advance from unbiased sources in our state.”
The National Judicial College has several on-demand webinars available on election law topics as well as a newly developed, extensive bench book. Judges who want to access the information should email Barbara Peck at barbarapeck@judges.org
“I have a duty to make sure that our democracy survives through the fair and nonaligned enforcement of the law,” a judge wrote.
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