Courts in U.S. battleground states are taking steps to expedite lawsuits over the Nov. 5 election to prevent drawn-out disputes that could delay results. On Tuesday, Arizona’s court system became the latest to implement special procedures for election litigation, ensuring that challenges receive swift resolutions. The state’s supreme court issued an order directing trial court judges to prioritize lawsuits concerning the outcome of the 2024 election.
“Giving judicial priority to such statutory proceedings is of heightened importance in a presidential election,” wrote Arizona Supreme Court Chief Justice Ann Scott Timmer. She ordered that judges schedule any election-related cases with enough time for appeals, including those regarding vote recounts and presidential electors, before finalizing election results.
Arizona stands as one of seven competitive states likely to influence the presidential race between Republican former President Donald Trump and Democratic Vice President Kamala Harris. Both parties have filed a surge of election-related lawsuits nationwide as they clash over ground rules before the vote. Legal experts predict that Election Day will likely spark a new wave of court battles over counting and certifying totals.
After losing to President Joe Biden in 2020, Trump and his allies unsuccessfully tried to overturn the election results through more than 60 lawsuits based on unfounded claims of widespread voter fraud. This cycle, Trump’s allies have already prepared to challenge the results, raising concerns about mail-in ballot verification measures and possible illegal voting by noncitizens, among other issues.
Arizona’s order follows similar initiatives in at least two other battleground states to ensure speedy outcomes in post-election litigation. “These new measures clearly aim to resolve litigation regarding the presidential election before the federal deadlines for certifying electors,” stated James Gardner, an election law expert at the University at Buffalo School of Law.
In August, the Pennsylvania Supreme Court temporarily modified its rules to ensure that election-related appeals receive attention within three days instead of the usual 10. The court also mandated that parties file briefs within 24 hours of launching an appeal regarding any election-related ruling.
Last month, Michigan’s state court administrator advised court clerks and judges statewide to inform the clerk of the state’s supreme court and various state officials upon filing any election-related lawsuit. The Michigan Court of Appeals plans to publish contact information for its clerk’s office after business hours and outline the steps required for any party seeking an emergency appellate ruling.
Courts are also preparing for potential security risks on Election Day after a top U.S. judiciary official warned in September that judges could face heightened threats during periods of increased national tension. Justin Levitt, an election law scholar at Loyola Law School in Los Angeles, remarked that preemptive orders like Arizona’s show that courts recognize the likelihood of litigation over the election’s outcome following the 2020 election. “It’s very smart and sensible for the courts to get ahead of the logistics and the process to ensure everything proceeds smoothly,” said Levitt, who served as a White House adviser on democracy policy under Biden.
