Matthew Haverstick, Managing Partner and leader of Kleinbard’s Political Law Practice, spoke with The Legal Intelligencer regarding some anticipated election law issues and litigation trends. While it was noted that this year’s election should be less contentions than 2020, attorneys are still preparing for an equally hectic litigation season. The article describes several factors that will impact litigation, including recent decisions from the high court concerning provisional ballots, date requirements for mail-in ballots, and independent candidates. One major factor will be the speed at which attorneys will have to file appellate briefs in election cases. The recent decision reduces the amount of time from 10 days to three and recommends attorneys file within 24 hours. While Haverstick noted that these timelines are understandable, they may have some drawbacks.
“I understand what the court is trying to do, and it’s laudable. With respect, I’m a little worried the quality of the advocacy and therefore the quality of jurisprudence will suffer if everything has to go so fast,” Haverstick said.
Haverstick also weighed in on Act 77 of 2019, the election reform amendment that, in part, allows for no-excuse mail-in voting.
“I think there is still a lack of clarity from the secretary and jurisprudentially on all the contours of Act 77,” Haverstick said. “As crazy as it seems, we keep litigation about it, and there’s not an answer you could put in a legal textbook about, ‘this is what Act 77 does or doesn’t do.’”
Finally, Haverstick agreed that post-election litigation will be inevitable.
“It seems to have crept into the mindset of elected officials that, we have the election, and then we got to go to court,” Haverstick said.
To read the full article, click here.
