How Texas could improve its election bill

Second, election laws should aim to provide clear, decisive results on Election Night in as many races as possible, and to discourage losing candidates from routine scorched-earth post-election challenges. It was the great boast of Texas and Florida in 2020 that they resolved nearly all of their important races by midnight on Election Night, while states such as California and New York were counting votes for weeks. Democrats have pushed constantly for measures to prevent the voter rolls from being finalized by Election Day, and to keep ballots coming in past Election Day; these are recipes for protracting post-election uncertainty. States should not lower the bar for challenging outcomes, and they should not empower elected officials such as state legislatures to overturn election results. The Texas bill unwisely waters down the standard for a court to overturn an election, which previously required proof that illegal votes actually changed the outcome. It instead provides, “If the number of votes illegally cast in the election is equal to or greater than the number of votes necessary to change the outcome of an election, the court may declare the election void without attempting to determine how individual voters voted.” That will spawn more mischief than it will solve.
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