Doug Chapin’s “Dayenu” Moment

Doug Chapin:

ENOUGH.

The frustrating thing is that courts understand this when it comes to their own operations. For example, in the North Carolina case, the federal trial court has been given the signal to hold off on issuing any order until the Supreme Court has weighed in, since being asked to issue two contradictory orders in a short span of days could result in confusion.

I’d like to see that same theory apply to last-minute election litigation generally. As Hasen and others have pointed out – repeatedly but so far in vain – there is precedent (Purcell v. Gonzalez) suggesting that courts should tread carefully in the run-up to Election Day lest the intended benefits of any order be dwarfed by the chaos it produces. Courts should heed that advice and look very skeptically upon any party or court that tries to force last-minute changes to election rules.

And let’s be clear – both major parties each share the blame. In Kansas alone, a last-minute candidate withdrawal by one side resulted in a push by the other side to force a new candidate’s name on the ballot – which left county election officials scrambling not just to prepare, print and deliver ballots to overseas and military voters but to be ready for everyone else. [At least they have baseball to distract them.] And Courts of Appeals in Wisconsin and North Carolina have really put election officials in a difficult position by ruling so close to Election Day that the Supreme Court is being asked to intervene.

ENOUGH.

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