Campaigns lawyered up for election overtime chance

Legal Review

Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.

The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.

"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."

Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore.

Related listings

  • Ruling on Wal-Mart class-action case may have broader impact

    Ruling on Wal-Mart class-action case may have broader impact

    Legal Review 11/29/2010

    The fate of the largest job bias lawsuit in the nation's history — a claim that Wal-Mart Stores Inc. shortchanged women in pay and promotions for many years — hinges on whether the Supreme Court will let the class-action case go to trial. The court i...

  • CLS Mitigation Consulting Services “Defending the Damned”

    CLS Mitigation Consulting Services “Defending the Damned”

    Legal Review 11/06/2010

    CLS Mitigation & Consulting Services " Representing clients accused of horrific crimes is a daunting, soul-searching, tall order of business for any lawyer. Defending people like Joe Atkins who shot 13-year-old Karen Patterson to death in her bed...

  • When Doctors Go Bad – Maribeth Chase v Dr Robert T. Tenny

    When Doctors Go Bad – Maribeth Chase v Dr Robert T. Tenny

    Legal Review 11/06/2010

    Medical Doctors are not perfect. They make mistakes like everyone else.They’re not Perfectthey’re only human. But when 15 of Dr Tenny’s former patients and some “surviving family members of these former patients All end up suing the same Dr. Tenny, f...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.