What to expect on Election Day tomorrow

A breakdown of what to look out for as we head into midterm elections

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Election Day is tomorrow!

Although voting ends on November 8 across the country, results may take days — if not weeks — to count. Delays won’t mean fraud. But the Big Lie and hundreds of election deniers on the ballot will likely claim otherwise.

This cycle marks a number of new legal obstacles to the right to vote. Ballots, even if cast on time, are being thrown out. Already in Philadelphia, over 2,000 absentee ballots were canceled because voters didn’t include a date on the outer envelope containing the ballot. Tragically, the Pennsylvania Supreme Court ruled that disenfranchising these voters for an honest mistake was okay, even though it might violate the federal Voting Rights Act, and even though the error has no bearing on actual names, addresses, or the ballot contents.

Once again, Pennsylvania is an important state this round. Celebrity doctor Mehmet Oz is running for the U.S. Senate seat against Lt. Gov. John Fetterman. Dr. Oz won the Republican primary for U.S. Senate in Pennsylvania earlier this year by only 951 votes, and reportedly opposed counting about 850 undated ballots in that race. 

If the Senate flips to GOP control, it will mean fewer federal judges appointed by President Joe Biden, among other things, in an environment where the Trump-dominated U.S. Supreme Court is rewriting the Constitution itself. (More on that another day.)

In other states, as well, the GOP has filed a record number of anti-voter lawsuits seeking to get small details like a witness’s missing address (which is the basis of a challenge in Wisconsin) to justify throwing out votes. Absentee and drop-box voting grew in popularity when the COVID-19 pandemic started in 2020 and were more likely to be used by Democrats than Republicans.

In midterm elections this close, it’s important that every vote counts. The GOP knows this. (Sigh.)

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For more on new frontiers of anti-voting rights measures and related litigation (including Florida governor Ron DeSantis’s arrests of 15 African Americans for mistakenly voting), look for my new column in The Bulwark tomorrow morning.

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I’m also joining NPR tomorrow for live election night coverage. Tune in around 8:30 p.m.!

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Follow the Facts,

KW