by Karen Faulkner, Worthy News Correspondent
(Worthy News) – An election attorney who testified in the 2000 Supreme Court case of Bush v. Gore believes litigation over the November 3 presidential election could be long and drawn out in swing states or states with divided governments, the Washington Examiner reports.
Tom Spencer, who was co-counsel for George W. Bush and Dick Cheney’s presidential ticket in the 2000 Florida recount, has told the Washington Examiner that several states are facing exceedingly tight races this time.
Speaking to the Examiner about potential difficulties in the upcoming election, Spencer said: “Every day, we seem to have another federal judge that changes the election laws at the last minute in a way in which the guardrails are taken down on the vote-by-mail ballot.”
Spencer referred to the divided governments of states like Pennsylvania and North Carolina to make his point: “You have sort of a perfect storm. For example, in Pennsylvania, you’ve got a Democratic governor, a Republican legislature. North Carolina, same thing… When you look at the polling and the statistics, you have that very, very close divide of votes. Both those states look very close to a Bush v. Gore situation.”
Noting that the Bush v. Gore case resulted in a win for Bush by a minuscule margin of 537 votes, Spencer emphasized that a mere few hundred votes could make the difference in several states this time. In Minnesota, Spencer recalled, Former Sen. Al Franken won his 2008 Senate race recount by 312 votes. In 2020, Spencer said, electoral officials, will likely have to deal with a “fire hose of ballots.” He added: “It’s going to take a tremendous amount of time and effort to make sure that those ballots cast are properly analyzed, looked at, and then voted.”
In any event, Spencer said, both Democratic and Republican sides have “an army of lawyers,” including himself on Biden’s team, “to do what we have to do. If there’s a recount, then we have to do it.”
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