Hello.

I’ve compiled a list of legal cases that I believe pertain to the scandalous 2020 general election. I curated this list so that I could explain in a brief summary what the case entailed and wy I believe these cases are pertinent.

Bush v Gore (2000, 7-2 decision)

The per curiam opinion held 7-2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional based on the Equal Protection clause. The majority opined that even if the recount was fair in theory, it was unfair in practice. The record suggested that different standards were applied from ballot to ballot, precinct to precinct, and county to county. These concerns have only been amplified after several counties in Wisconsin, Michigan, Pennsylvania, Nevada, Arizona and Georgia treated the process far differently than other counties including 1) refusing to grant observers reasonable access, 2.) contacting voters to fix their ballots, 3.) altering the signature verification software to be more lenient, and 4.) granting privileged status to mail-in ballots.

Bush v Gore cited House resolution 1638 from 1886 where both the Democrats and Republicans jointly stated “"The two Houses are, by the Constitution, authorized to make the count of electoral votes. They can only count legal votes, and in doing so must determine, from the best evidence to be had, what are legal votes .... The power to determine rests with the two houses, and there is no other constitutional tribunal."

Colegrove v Green (1946, 4-3 decision)

The Court held that the Guarantee Clause in Article I, section IV of The Constitution left to the legislature of each state the authority to establish the time, place, and manner of holding elections for representatives. It also specified that the state legislature has the ultimate say in when an election has been properly certified.

Gray v. Sanders (1963, 8-1 decision)

The phrase ‘one man, one vote’ is commonly attributed to this case after Justice William O. Douglas wrote the majority opinion and said, "The concept of political equality...can mean only one thing—one person, one vote". Mail-in ballots suffer from an inability to decipher duplicates. Voters residing in different states have been caught mailing ballots to states they no longer reside in - Nevada and Arizona, notably. Furthermore, unsolicited ballots were sent out to addresses with little to no assurance that the votes being cast were legitimately from the correct person. Thousands of people reported that they received ballots for the former resident.

Dunn v. Blumstein (1971, 6-1 decision)

A Tennessee law required a one-year residence in the state and a three-month residence in the county as a precondition for voting. The Court held that the law was an unconstitutional infringement upon the right to vote and the right to travel. However, the entire bench agreed that states requiring 30-60 days to complete whatever administrative tasks are needed to prevent fraud is acceptable.

McPherson v Blacker (1892, unanimous decision)

The case concerned a law passed in Michigan which divided the state into separate congressional districts and awarded one of the state's electoral votes to the winner of each district. The justices all reached the same conclusion. Article 2 "convey[s] the broadest power of determination" and "leaves it to the legislature exclusively to define the method" of appointment. The case reinforced that the legislature has complete control over how electors are chosen and certified.