There have been 100+ lawsuits filed nationwide already challenging voter regulations and the possible results of the 2022 midterm elections. It’s a sign that all the claims of so-called voter fraud are fueling litigation.

In 2016, 2018 and 2020, there were claims of voter fraud on both sides of the political divide. For Stacey Abrams and her supporters in 2018, the Georgia election was stolen, and she has yet to officially admit her loss in that contest. Donald Trump has made similar claims about the 2020 election.

Notably, no investigation has ever uncovered enough voter fraud that would sway either result.

But given the heightened political climate, it seems like there is an increased level of litigation over elections and their potential results.  

NBC News is reporting that most of the lawsuits have been filed by Republicans over “mail-in voting, early voting, voter access, voting machines, voting registration, the counting of mismarked absentee ballots and access for partisan poll watchers.”

Benjamin Ginsberg, co-chair of the Election Official Legal Defense Network, explained, “We’re now at the point where charges of fraud and suppression are baked into the turnout models for each party. Republicans charge fraud. Democrats charge suppression. Each side amplifies its position with massive and costly amounts of litigation and messaging.”

In addition, some of what the Republican National Committee is doing to help bolster election security includes hiring 37 lawyers in key states and districts, in addition to conducting 5,000 volunteer training sessions to help concerned citizens identify voter fraud.

“We built an unprecedented election integrity ground game to ensure that November’s midterm elections are free, fair and transparent,” said RNC chairwoman Ronna McDaniel.

On the Democratic side, it’s Marc Elias who is leading the charge, litigating up to 40 cases in 19 states. Most of his lawsuits are focused on countering Republican led cases. 

“The problem with the Republican Party right now is that conceding you lost an election is the only thing that will hurt you,” Elias said. “Contesting an election that is clearly lost is now where all the incentive structure is, and that is incredibly corrosive for democracy.”

That this same logic could be applied to Stacey Abrams seems to escape Elias, who’s the Democrats go-to election attorney

“Marc Elias has one job – to get Democrats elected by whatever means necessary. He’s devised a lawsuit industrial complex to get through the courts what Democrats and their unpopular ideas can’t achieve at the ballot box – victories,” said Amy O. Cooke, CEO of the John Locke Foundation. 

Elias was behind the lawsuit Democracy NC v. NC State Board of Elections, which was the most important post-COVID legal case in the state. It later led to a settlement with Elias, despite objections from the state’s General Assembly leaders.

His interference in election procedures in the Tar Heel State continue as Elias is currently involved in at least two cases related to the state’s current election process. One is against a Republican led legal challenge against moving the absentee-ballot receipt deadline by three days because of the Veterans Day holiday.

The case is currently in litigation.

But given the claims of voter fraud on both sides of the aisle, no doubt there will be more legal challenges to come.

For analysis on North Carolina’s 2020 election integrity, check out the John Locke Foundation report “What Happened in 2020” here.