State Net Capitol Journal: Presidential Race Bound for Another Bush v. Gore?

State Net Capitol Journal: Presidential Race Bound for Another Bush v. Gore?

This year's presidential election could very well end much like that of 2000, with its controversial U.S. Supreme Court ruling on "hanging chads."

Over the past few weeks, nearly a dozen decisions have been handed down by state and federal courts concerning state laws on early voting, provisional voting and voter ID. Court arguments kicked off again on voting-related cases in the swing states of Ohio and Pennsylvania last week, with the Ohio case potentially headed for emergency review by the U.S. Supreme Court. And J.B. Van Hollen (R), the attorney general of another swing state, Wisconsin, just appealed two rulings on his state's voter ID law to the state's Supreme Court on an emergency basis. But even if all of the pending cases are settled before Election Day, a close race is almost certain to generate post-election litigation.

"In any of these states there is the potential for disaster," said Lawrence Norden of the Brennan Center for Justice at New York University School of Law. "You have close elections and the real possibility that people will say their votes were not counted when they should have been. That's the nightmare scenario for the day after the election."

The fact that the courts have taken conflicting views on the voting laws at issue isn't doing much to diminish that possibility. Voter ID laws, for instance, have been both upheld as fair, as in Pennsylvania, and struck down as discriminatory, as in Texas. But it will be another seven weeks before we know for certain whether there's going to be a Supreme Court decision on Obama v Romney. (NEW YORK TIMES, STATE NET) 

The above article is provided by the State Net Capitol Journal. State Net is the nation's leading source of state legislative and regulatory content for all states within the United States. State Net daily monitors every bill in all 50 states, the District of Columbia and the United States Congress - as well as every state agency regulation. Virtually all of the information about individual bills and their progress through legislatures is online within 24 hours of public availability. 

If you are a lexis.com subscriber, you can access State Net Bill Tracking, State Net Full Text of Bills and State Net Regulatory Text . If you are interested in learning more about State Net, contact us. 

To subscribe to the Capitol Journal and access archived issue go to the State Net Capitol Journal.

For more information about LexisNexis products and solutions, connect with us through our corporate site.