After Election Day: Expect lawsuits, recount requests in Pa., experts say

BETHLEHEM, Pa. — In the days and weeks after Election Day, Pennsylvania is likely to see election-related lawsuits and requests for recounts, former Gov. Tom Corbett and retired federal judges said Monday.

Former U.S. District Court judges Robert Cindrich and John Jones III joined Corbett in a virtual news conference held by Keep Our Republic, a nonpartisan nonprofit group working to educate people about the voting process and build trust in elections.

Corbett said that county elections offices across the commonwealth are better prepared now than they were four years ago to quickly count mail-in ballots, and therefore deliver unofficial results sooner.

Still, “vote-counting will necessarily extend past Election Day, no matter how prepared some counties are,” Jones said.

He said that's because of state laws that bar officials from processing mail ballots before Election Day.

But the process of turning unofficial results into Pennsylvania’s 19 Electoral College votes in the presidential election may hit a few speed bumps, according to the group.

“There are any number of points at which an election could be delayed, could be interfered with,” Cindrich said.

“It is possible, if not likely, that the counties might delay certification in 2024 if recounts are requested, lawsuits are filed on a basis of fraud or any other issues that a disgruntled person can think up to try to stop the election from becoming final."

Petitions and lawsuits

Counties are required by law to certify their results by Nov. 25; state officials must certify by Dec. 11.

However, if there are lawsuits or recount requests in a given county, that county could miss the deadline.

Pennsylvania law allows three qualified voters to request a recount by filing a petition in county court, setting a lower bar than many other states.

Applicants are charged $50 per precinct for the new tally, well short of its actual cost. If the recount ultimately uncovers problems, the fee is refunded.

A 2023 ruling from the state Supreme Court imposed new limits: Petitioners must present evidence of fraud or errors with the count, or file suit in every voting precinct where ballots were cast in a particular race.

Should a county simply decline to certify its results by the deadline, the state Department of State will sue to compel them to do so, Cindrich said.

“In the past, we know that counties have delayed certification,” he said. “Probably the worst effect of all these delays and lawsuits: As in 2020, it creates skepticism in the public.”

'Do their patriotic duty'

Other litigation is virtually certain, Jones said, dealing with a range of potential issues from mail ballot processing procedures to challenges of voter rolls.

“We hope for less, not more,” he said. “The courts are not necessarily the optimal place to decide these issues, but decide they will if they have to.”

The Nov. 5 election will be the first presidential election since the Electoral Count Reform Act — passed in response to former President Donald Trump’s attempts to change the outcome of the 2020 election — clarified aspects of the certification process.

Among its provisions, the act requires federal judges to expedite cases dealing with elections, compels counties that get certain federal grants to count mail ballots non-stop, and clarifies the role the vice president plays in the Jan. 6 Electoral College vote count certification.

Though the state’s election system is “going to be challenged” this year, Jones said, he has faith in the thousands of volunteers and officials making sure the vote goes well.

“I'm heartened by how hard everybody is working to get this right,” he said.

“These are people who come from all different political backgrounds, and in the main on Election Day are volunteers who do their patriotic duty.”