Pennsylvania: How do you prevent a disputed 2020 election in Pennsylvania? Lessons from an expert panel | onathan Lai/Philadelphia Inquirer
Imagine: Philadelphia elections officials, overwhelmed by the number of voters requesting absentee ballots, can’t get them all in the mail in time. Voters sue in state court, which orders a change in the deadlines. Republicans go to federal court to stop them. We don’t know who won Pennsylvania, and the White House hangs in the balance. That was one of the nightmare scenarios discussed in a virtual gathering of national election law experts Monday, convened by Ohio State University’s Moritz College of Law. The discussion focused on current weaknesses in the electoral system — and ways to shore it up to prevent a disaster in November. “You should try to predict things going wrong so that you can figure out what to do about it,” said Ned Foley, one of the Ohio State law professors who organized the event. “When you think your ship is unsinkable … that’s where you’re in trouble, because it turns out you didn’t have enough lifeboats for the Titanic.” “State supreme courts are free to go beyond federal precedent,” said Michael Morley, a law professor at Florida State University. “They’re able to go beyond what a federal court would do.”