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General

RNC plans to turn out a staff of 100,000 workers and volunteers to contest election processes and results. Initial activities are directed to the seven swing states plus California, Texas, Florida, New York, Ohio and Montana. April 19, 2024

Pennsylvania

Georgia

Governor Kemp signed SB 189. Among other provisions affecting the 2024 election, a party may qualify a candidate for the ballot who has obtained ballot access in 20 other states, in addition to ways previously permitted. The bill details procedures to challenge ballots on the basis of an elector’s residence, among other grounds. County election officials may now begin counting absentee ballots on election day after 7 a.m. Summary.

Michigan

Robert F. Kennedy, Jr. qualified for the Michigan ballot on April 18, 2024. Beginning with polls conducted in May, the presidential preference polls that include his name as a choice will be used in preference to polls that limit the choice to Biden and Trump.

Democrats gained control of the Michigan House in two special elections.

Arizona

Arizona

Arizona repealed its 1864 law effective 90 days after adjournment of the Legislature, so the near total ban remains in effect until early summer. A ballot initiative to replace the 16 week ban that will govern abortions following the effective date of the repeal is gathering signatures. It would set viability, usually around 24 weeks, as the period during which abortion would be permitted generally. The Florida six-week ban went into effect on May 1, 2024. It is too early to measure what effect, if any the abortion issue will have on turnout and the effect on the presidential election. May 2, 2024.

Wisconsin

Nevada

Nevada acceptance of mailed ballots after election day

On May 3, 2025, the Republican National Committee and others filed a complaint in Federal District Court for the District of Nevada against Nevada election officials seeking to prevent mail-in ballots not received by election day from being counted.

REPUBLICAN NATIONAL COMMITTEE; NEVADA REPUBLICAN PARTY; DONALD J.TRUMP FOR PRESIDENT 2024, INC.; and DONALD J. SZYMANSKI, Plaintiffs, v.CARI-ANN BURGESS, in her official capacity as the Washoe County Registrar of Voters; JAN GALASSINI, in her official capacity as the Washoe County Clerk; LORENA PORTILLO, in her official capacity as the Clark County Registrar of Voters; LYNN MARIE GOYA, in her official capacity as the Clark County Clerk; FRANCISCO AGUILAR, in his official capacity as Nevada Secretary of State, Defendants. Case 3:24-cv-00198.

Nevada contravenes those federal laws by counting mail ballots that are received up to four business days after Election Day, Nev. Rev. Stat. §293.269921(1)(b), and by presuming that ballots received up to three days after Election Day “have been postmarked on or before the day of the election,” id. §293.269921(2). Nevada effectively extends Nevada’s federal election past the Election Day established by Congress.

Comment Similar actions can be expected in all other jurisdictions that have similar arrangements. One of the allegations cites the

Exercising that power [pursuant to the Electors Clause], Congress has established that “[t]he electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.” 3 U.S.C. §1. [emphasis added]

which could also be used to argue that electors must be appointed on election day andwhich could also be used to argue that electors must be appointed on election day and that no votes counted after midnight can be considered. However, that argument runs counter to 3 U.S.C. § 5

(a)In general.– (1) Certification.–Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.

©2024 Richard Careaga. All rights reserved. Last modified: May 08, 2024.