All eyes tonight – and quite possibly afterwards – will be on which party will control the Senate. The latest polling suggests that it will come down to eight states: Alaska, Colorado, Georgia, Iowa, Kansas, Louisiana, New Hampshire, and North Carolina. Republicans will control the Senate if they prevail in four or more of these states, while Democrats need at least five to maintain control.*
Of the eight states in play, four have seen litigation over voting rules or practices this year: North Carolina, Georgia, Kansas, and Iowa. All of these cases involve voter registration. The courts stopped restrictions in Kansas and Iowa, but ultimately declined to do so in North Carolina and Georgia. This comment considers the possibility that voting restrictions – or court orders stopping them – could make the difference.