Attorney speaks to Action News Jax about possibility of election ending up in court

Right now, lawsuits related to the election are already underway across the nation.

Lawyers are flocking to Tallahassee in anticipation that lawsuits could pop up in Florida, too.

That’s why Action News Jax sent Courtney Cole to Tallahassee.

On Monday she spoke to an election lawyer who has experience with an election that ended up in the courts.

Tom Spencer served as co-counsel in the unforgettable recount of 2000, between George Bush and Al Gore.

While Florida is at least able to sort through and process mail-in-ballots and early votes as they come in, Spencer told Cole he expects any potential litigation to be centered around mail-in voting.

Polls will open to voters again, for the last time, beginning at 7 a.m. on Tuesday, Nov. 3.

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But hundreds of lawsuits are already in progress throughout the country regarding the voting process, just not in Florida.

“In this cycle, my anticipation is they might file a lawsuit with regard to mail voting. Asking that the officials keep open the Election Day, which is a federal election day, in order to collect more mail ballots,” Spencer said.

Spencer said that based on his 50 years of experience and previous elections, lawsuits in Florida could also likely center around election procedures.

“For example, if they believe the lines on Election Day have been improvidently shortened or closed, they will file an emergency lawsuit to extend voting hours,” he said.

When Cole asked Spencer how a lawsuit could affect the election’s outcome, he told her it normally takes a short time for judges to review the lawsuit and make at least an initial determination.

“And then of course there are appeal rights, and that has to be determined. So I would anticipate that a lawsuit, when filed, would be over within 10 days,” said Spencer.

Election disputes in any state must be settled no later than Dec. 8.

You’ll hear that referred to as the “Safe Harbor” date. It’s when electorates have to meet.

Cox Media Group