Will any court rule that the 2024 election was fraudulent?

Arizona and Pennsylvania courts require clear and convincing evidence for election fraud claims. In Arizona, an election contestant must prove by "clear and convincing evidence" that election officers engaged in misconduct or a statutory violation with an intent to defraud or with gross negligence amounting to fraud. This misconduct must also be the proximate cause of the successful candidate receiving the highest number of votes ^[1]. For instance, in the 2022 Lake v. Hobbs case, the court found the plaintiff's evidence did not meet this standard, leading to dismissal of the contest ^[1]. Similarly, Pennsylvania election contests alleging fraud or error also demand a "clear and convincing evidence" standard of proof ^[3]. The 2022 In re: Recount of Berks County General Election case affirmed the dismissal of petitions due to a lack of "clear and convincing evidence" of fraud or error ^[3].

Georgia and Wisconsin statutes allow contests but lack explicit fraud standards. For Georgia, state law provides grounds for contesting elections, including "misconduct, fraud, or irregularity" ^[2]. However, the available sources do not explicitly state the specific legal standard for proving "fraud" in election contest cases applied by Georgia courts since 2020, nor do they detail specific types of evidence alleging fraud that have successfully survived motions to dismiss in this period. Likewise, Wisconsin statutes permit election contests based on grounds of "misconduct, fraud or error" ^[4]. Nevertheless, the provided sources for Wisconsin do not explicitly specify the evidentiary standard applied to claims of "fraud" in election contest cases since 2020, nor do they identify particular evidence that successfully survived motions to dismiss on these grounds.

Federal and state courts strictly interpreted standing in election challenges. Between 2020 and 2024, no federal district or state court demonstrated an expansive interpretation of legal standing for third-party or candidate challenges in election administration cases within the six most contested states. Instead, a general trend across both federal and state courts was a strict application of standing requirements, frequently leading to the dismissal of lawsuits due to the plaintiffs' failure to demonstrate a concrete, particularized injury. Federal courts consistently applied these strict standing doctrines, often dismissing election challenges brought by third parties or voters alleging generalized grievances rather than specific, individualized harm ^[3].

Federal courts consistently dismissed challenges, requiring specific, individualized harm. For example, numerous federal lawsuits challenging the 2020 election results in Pennsylvania, including those initiated by the Trump campaign, were dismissed by district courts and upheld on appeal, frequently citing a lack of standing or merit ^[1], ^[2]. Similar outcomes were observed in federal courts in other contested states like Michigan and Georgia, where attempts to challenge election administration were largely unsuccessful due to the inability of plaintiffs to establish proper standing ^[2]. State courts largely mirrored the federal courts' strict interpretations in the post-2020 litigation ^[4], ^[3]. In Wisconsin, the Supreme Court's ruling in Teigen v. Wisconsin Elections Commission provided a clear example, reversing a lower court's finding of standing and concluding that plaintiffs challenging absentee ballot guidance did not demonstrate a concrete, particularized injury sufficient to confer standing ^[5].

Judge William M. Ray II granted emergency relief in an election case. Among federal judges appointed after 2016 in the circuits covering Arizona, Georgia, Pennsylvania, and Wisconsin, Judge Ray is the only one with a documented record of ruling on emergency injunctive relief related to election procedures or civil rights in the provided sources. Appointed in 2017 ^[1] to the U.S. District Court for the Northern District of Georgia, he granted emergency relief in September 2020. In the case Curling v. Raffensperger, Judge Ray issued a preliminary injunction. This order directed Georgia election officials to stop rejecting absentee ballots based on mismatched signatures unless voters received prior notice and a chance to correct the discrepancy ^[2]. The ruling directly addressed election procedures and civil rights by protecting voters' ability to cure ballot deficiencies ^[4].

No judges in Arizona, Pennsylvania, or Wisconsin had relevant emergency rulings. Federal judges appointed after 2016 in Arizona, including Judge Angela Marie Martinez (appointed 2023) ^[5], did not have specific rulings on emergency injunctive relief related to election procedures or civil rights detailed in the provided sources. Although Judge Martinez dismissed a Department of Justice lawsuit regarding voter data in October 2023 ^[3], this action was a dismissal and not a ruling on emergency injunctive relief. Similarly, the provided sources did not identify any federal judges appointed after 2016 in the circuits covering Pennsylvania (Third Circuit) or Wisconsin (Seventh Circuit) with documented rulings on requests for emergency injunctive relief concerning election procedures or civil rights.

Many battleground states grant courts original jurisdiction over election irregularities and contests. State constitutional provisions or statutes commonly establish this framework, as seen in Texas Election Code Section 221.002, which grants original jurisdiction to district courts ^[1]. Similarly, Arizona Revised Statutes § 16-672 specifies that challenges are heard in the Superior Court ^[2]. In Georgia, superior courts possess jurisdiction over contested elections, allowing for challenges based on issues like malconduct or vote tabulation errors ^[3], ^[5]. Pennsylvania’s jurisdiction varies, with the Commonwealth Court handling statewide contests and courts of common pleas addressing others ^[4], ^[6]. Michigan Election Law includes provisions for contesting election results ^[7], and Wisconsin Statutes Chapter 9 outlines the role of circuit courts in contests concerning illegal votes or errors ^[8]. While North Carolina details an administrative protest process ^[10], these examples collectively demonstrate a comprehensive state-level system for addressing election disputes within the judicial branch.

State court jurisdiction for election disputes is uniquely broad compared to federal courts. Federal courts primarily exercise jurisdiction when a "federal question" is involved, such as an alleged violation of a federal constitutional right or a federal statute ^[9]. They generally do not have original jurisdiction over election contests based purely on alleged violations of state election procedures or statutes unless a direct federal constitutional dimension is implicated. This distinction means state courts serve as the primary arbiters for a wider range of technical, procedural, or substantive irregularities defined by their respective state election codes, without necessarily requiring an explicit federal legal or constitutional hook.

This jurisdictional difference creates a pathway for state-level rulings on election irregularities. The extensive original jurisdiction of state courts over state election contests creates a potential avenue for rulings that might not meet the more restrictive jurisdictional requirements for direct federal court intervention. For instance, a state court could rule on an alleged error in vote counting or a procedural deviation based purely on its state's election laws, even if that issue does not rise to the level of a federal constitutional violation. This structural difference underscores the state's sovereign authority in managing its elections and resolving disputes arising from its own specific statutory and constitutional frameworks.

Election contest lawsuits concluded swiftly in Arizona after the 2022 elections. Analysis of two significant election contest lawsuits in Arizona following the 2022 elections provides insight into the typical duration from filing to an initial final judgment at the trial court level, excluding appeals. The Arizona Gubernatorial Election Contest (Lake v. Hobbs) was filed on December 9, 2022, and dismissed on December 24, 2022, taking 15 days ^[3]. Similarly, the Arizona Secretary of State and 3rd Congressional District Election Contest (Finchem v. Fontes), filed on December 9, 2022, was dismissed on December 22, 2022, taking 13 days for an initial judgment ^[4]. Based on these two cases, the median duration from filing to final judgment (excluding appeals) was 14 days, and the maximum duration was 15 days.

These rapid resolutions hold implications for the 2024 election timeline. The observed short timelines become particularly crucial when considering key deadlines for the 2024 presidential election. The 'safe harbor' deadline for states to conclusively appoint their electors in 2024 is December 11, 2024 ^[1], ^[2]. Following this, the Electoral College Electors are scheduled to meet on December 17, 2024, to cast their votes ^[1], ^[2]. If an election contest lawsuit were filed shortly after the 2024 election results began to solidify, a 13-15 day resolution period at the trial court level would likely allow a judgment to be rendered before the safe harbor deadline. However, if such lawsuits are filed closer to or in early December, even a swift trial court judgment could occur close to or after the safe harbor date but generally before the Electoral College meeting.