As Election Season Comes to a Close, Watch Out for Lawsuits, Misinformation and Voter Fatigue

October 25, 2024 | 11:50 am
The United States Supreme CourtKent Nishimura/Getty Images
Chris Williams
Research Director

Election Day 2024 is now less than two weeks away, and if this campaign has felt never-ending to you, that’s for good reason–it has been extremely long. While both primary campaigns were concluded relatively quickly, with the nominees settled on Super Tuesday (March 5, 2024), the general election campaign began almost immediately, and it has been eventful.

Here are some of the key moments that occurred between March and October 2024:

  • March 7: President Joe Biden gave the State of the Union Address
  • May 30: Republican nominee and former President Donald Trump is convicted in New York of 34 felony counts of falsifying business records in order to conceal an illicit relationship with Stormy Daniels.
  • June 27: President Joe Biden and Donald Trump square off in the first debate of the campaign
  • July 1: The U.S. Supreme Court rules that Trump has immunity from prosecution for official acts he undertook as President.
  • July 13: Donald Trump is shot in the ear in an assassination attempt in Butler, Pennsylvania.
  • July 15: The 2024 Republican National Convention is held in Milwaukee, Wisconsin; Donald Trump announces Ohio Senator JD Vance as his vice-presidential running mate.
  • July 21: President Joe Biden drops out of the race and endorses Vice President Kamala Harris for President.
  • August 1 through 5: Vice President Kamala Harris secures the Democratic nomination for President through an online roll call.
  • August 6: Vice President Kamala Harris introduces Minnesota Governor Tim Walz as her running mate at an event in Philadelphia, Pennsylvania.
  • August 23: Independent candidate for President, Robert F. Kennedy, Jr. suspends his campaign.
  • September 10: Harris and Trump square off in the second debate of the election.
  • September 15: A second assassination attempt against Donald Trump is foiled by the Secret Service.
  • September 20: Early voting begins in Minnesota and South Dakota.
  • October 1: The only vice-presidential debate of the campaign, between JD Vance and Tim Walz, occurs.
  • October 15: In-person early voting opens in Georgia with a record number of ballots cast.

It wouldn’t be unusual for voters in the United States to begin feeling fatigue from this election: after all, voter fatigue is a real thing. And for those looking for a respite, Election Day (November 5, 2024) is unlikely to be the definitive end to this election. Some of the delay will likely be because ongoing ballot count in some states—specifically Pennsylvania—could continue for a days after Election Day. But another potential source of delay is the high likelihood of lawsuits challenging the results.

According to Ohio State University’s Mortiz College of Law case tracker, there were well over 50 lawsuits filed contesting the outcome of the 2020 Presidential election, with the last, Trump v. Kemp, being filed on December 31, 2020. This case was dismissed on January 7, 2021, the day after a crowd of Donald Trump supporters stormed the U.S. Capitol Building seeking to prevent the counting of legitimate Electoral College votes and overturn the results of the election.

There have already been over 100 lawsuits filed in advance of the election, and there’s every reason to believe that the results of the 2024 Presidential election will lead to a large number of lawsuits. And while this may be exhausting for voters, in a democracy the rule of law is the only king, and every candidate has a right to ask the judiciary to ensure that elections were conducted to the letter of the law (and, hopefully, within the spirit of the law as well).

However, lawsuits can also become a problem for democratic functioning. Many of the lawsuits filed after the 2020 election had no merits and were based on absolutely no evidence. In Michigan, some lawyers were fined more than $150,000 for pushing frivolous election lawsuits. These baseless and frivolous lawsuits have the potential to spread dangerous mis- and disinformation.

Research shows that elite discourses that perpetuate mis- and disinformation have disastrous effects on the public. It has long been established that public attitudes are often top-down, driven by both political elites and media elites. The filing of frivolous lawsuits by political elites that call into question the legitimacy of elections, even if dismissed by the courts, can create distorted political beliefs and perceptions, particularly among supporters of those who bring the lawsuit. This effect is amplified when the media cover these lawsuits, thereby spreading the messages–and simply noting the lawsuit is frivolous may not be enough to correct distorted beliefs.

These distortions of political reality, however, are not just a nuisance. False claims and misinformation have been shown to lead to more incidences of political violence. Put simply, judges may dismiss lawsuits questioning the veracity of the election, but the lawsuits could still have massive effects on democracy in the United States, and their effects could even cost lives.

As a long and exhausting election season draws to a close, it’s easy to fall prey to frustration or despair, especially if the outcome isn’t settled right away. But we can’t succumb to that temptation. Understanding the process and preparing for a long haul is a critical step to making sure we stay engaged and active, no matter who wins in the end.