Historically, election results were not declared on the night of Election Day. Indeed, it’s only been in the last 40 years, with the advent of television news, that organizations have “called” the election on the night of voting, and that “call” is not an official result. All votes have to be counted, the Electoral College process needs to unfold, and, at times, as we saw in 2000, the results might be contested in the courts.
What does it mean to contest the results of a presidential election in the courts? How could such a process end up in the Supreme Court, and what are the implications of such a possibility with the new composition of the Supreme Court? Join two experts in the litigation of election results -- Law Professors Samuel Bagenstos and Ellen Katz -- for a lively discussion that will provide background and context to such an outcome in presidential elections.
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