Despite officials’ warnings it’ll take days to finish counting ballots, Trump continues to falsely claim the count is to be done tonight

But the threat remains for issues to arise, from the routine Election Day headaches — such as long lines and voting machines malfunctioning — to uniquely 2020 problems, including the threat that the coronavirus pandemic poses to voters and poll workers alike and the heightened fears law enforcement and elections officials have about intimidation and conflict occurring at the polls.

Even as record numbers of Americans have voted early, voting rights groups say they are bracing for the possibility of long lines on Election Day after officials shuttered polling places because of the pandemic and potential confusion over many states’ new voting processes this election.

Election Day also is expected to bring thousands of partisan poll watchers into balloting locations, the result of a stepped-up effort by President Donald Trump’s campaign and the Republican National Committee to deploy legions of volunteers to look for any voting abnormalities. Democratic poll watchers will be on hand as well.
Election challenges from the pandemic extend beyond the polls, as the millions of mail-in ballots are expected to lead to a delay in the counting of votes once the polls close — particularly in the battlegrounds of Wisconsin and Pennsylvania, where the state legislatures failed to pass laws for processing absentee ballots before Tuesday.

“Look, the country is on edge,” North Carolina Attorney General Josh Stein said Monday. But voters “should take comfort in knowing that they will be the ones who determine the winners of these elections — not any politicians, not any lawyers,” said Stein, a Democrat.

Despite election officials’ warnings that it may take several days to finish counting ballots, Trump has continued to falsely claim that the count is supposed to be completed by Election Night. It’s politically beneficial to him to make the false suggestion because more of his supporters are expected to vote in person on Election Day, while more voters for Democratic nominee Joe Biden are expected to vote through the mail.

Meagan Wolfe, Wisconsin’s chief election official, said it would likely be Wednesday before the state’s unofficial results were reported due in part to the high number of absentee ballots.

Lawsuits expected

Even before polls opened on Election Day, both presidential camps were gearing up for legal confrontations.
The changes to voting rules due to the pandemic sparked a litany of court cases over rules related to voting and the counting of ballots, and rulings continued right up to Election Day. On Monday, a Nevada judge tossed a GOP challenge that sought to stop the use of a signature verification software for not being stringent enough and to let poll watchers get closer to officials counting ballots. In Texas, Republicans challenged more than 100,000 votes in Democratic-leaning Harris County, which includes Houston, because they were cast at drive-thru polling places, but a judge dismissed the suit Monday, saying the plaintiffs lacked standing.

Pennsylvania, one of the most important battleground states to the presidential election, could be the source of messy post-election legal fight. Last month, the US Supreme Court declined to take up Republican challenge to a state Supreme Court ruling that absentee ballots could be accepted three days after Election Day, so long as they were postmarked by Tuesday, even if the postmark is not legible.

But some of the court’s conservative justices suggested the state ruling was unconstitutional, and the late-arriving ballots are being segregated in case of additional legal disputes, though the state is counting them.

Trump, who has sought to cast doubts on the integrity of vote counting, has warned in the closing days of the campaign that he plans to dispatch his lawyers to key swing states such as Pennsylvania. “As soon as that election is over, we’re going in with our lawyers,” the President told reporters over the weekend.

In the crucial battleground of Florida, where 29 electoral votes are stake, a Biden campaign spokesperson in the state said that about 4,000 lawyers have been mobilized to address any problems. She added that the Democrats’ voter protection team in Florida is more than twice the size of the team in 2016.

Alia Faraj, a spokesperson for the Republican Party of Florida, said the GOP had volunteer poll watchers ready to document any irregularities and to ensure election officials comply with the law.

The RNC and Trump campaign also have a litigation plan in place.

Poll watching

This election marks the first presidential contest since 1980 in which the Republican National Committee and the GOP presidential nominee will work together to monitor polling activity. In 2018, a federal judge allowed a consent decree to expire that for decades had sharply restricted the RNC’s “ballot security” activities without prior judicial approval.

Freed from court supervision, the Republicans have geared up to deploy tens of thousands of volunteers to monitor polling activity.

In Michigan, a key battleground that Trump won by fewer than 11,000 votes in 2016, a long line of Republican-aligned poll watchers waited to check in Monday at the TCF Center in Detroit, a convention center that is serving as central counting site for the city’s absentee ballots.

Voting rights experts say they are on watch for voting intimidation and suppression at the polls, especially after Trump encouraged his supporters to go to the polls to guard against alleged voter fraud. There have been sporadic complaints about voter intimidation in the leadup to Election Day, but it has not been “systemic or widespread by any stretch,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law.

Karen Hobert Flynn, the president of Common Cause, told reporters on Monday: “We need to let our election officials do their job and count every vote because that is what democracies are supposed to do.”

CNN’s Curt Devine, Kelly Mena, Annie Grayer, Ellie Kaufman contributed to this report.

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