Thanks to the 2000 presidential election debacle -- most of it centered here in Florida -- both major parties have amassed a storehouse of legal firepower. As voters head to the polls Tuesday, judicial decisions and the mere presence of lawyers have already affected some midterm elections across the country.
At stake, too, is the redrawing by state lawmakers of electoral districts for the House of Representatives in Washington -- an adjustment of boundaries every 10 years that tends to favor the party in charge of each state Legislature.
The Democratic Party, which has gained seats at the state level since 2004, faces a Republican onslaught expected to alter the balance of power in Congress and in the states. Scores of lawyers on both sides are already involved in that fight.
In Alaska, a judges decision to allow a list of write-in candidates on the ballot has given a boost to the campaign of Sen. Lisa Murkowski, who stayed in the race as a write-in candidate after losing the Republican primary to Joe Miller.
In Nevada, lawyers for Republican Senate candidate Sharron Angle have already sent complaints of early voting problems to the Nevada secretary of state.
Lawyers inevitably became a necessity for big campaigns after the Supreme Court stopped the Florida recount in its Bush vs. Gore decision in 2000. Razor-thin election margins and automatic recounts, however, are very uncommon, so campaign lawyers do most of their work before Election Day.
Theres always legal challenges in close races. Its best to be prepared, said Ed Moore, former president and CEO of the James Madison Institute and a senior policy adviser for legislative leaders in the Florida House of Representatives.
Instead of reacting to election results, some campaigns (like Angles) lay the groundwork for post-election legal challenges by protesting and complaining about voter fraud, hijinks, shenanigans, or any event deemed to give an opponent an unfair advantage.
Sometimes just by the threat of a challenge it can have an effect. Some people would say it immunizes or prevents any voting problems, Moore said.
On the other hand, some people think protestations of voter fraud are opportunist ploys themselves. The NAACP has complained that tea party efforts to closely watch out for voter fraud in the midterm elections amounts to voter intimidation.
Lawyers will also be busy on Election Day. Despite the popularity of early voting -- more than 1 million votes have already been cast in Florida -- many wait until the last minute to go to the polls. Some close races could be decided by court orders to allow some polling places with long lines to stay open later than the 7 p.m. deadline -- asked for by campaign lawyers.
The Republican and Democratic national parties are also economizing their use of legal strategies in campaigns, targeting the most important races in their efforts to regain or maintain control of Congress. Modern polling and knowledge of areas that have experienced voting problems in the past alert campaigns as to which races could be determined in the courts instead of the voting booth.
Generally, if you run a race you know where the close ones are, Moore said.
One of those close races is the Florida gubernatorial contest. In the month before Election Day polls have rocked back and forth, giving slim leads first to Rick Scott, then to Alex Sink. As of Monay night, political commentary website realclearpolitics averaged all polls charting the gubernatorial race in a flat tie, 45.2 for each of the two candidates.
While many analysts are focused on whether the purported Republican wave will carry the GOP to control of the Senate, some have also noted the importance of the gubernatorial races. Control of a state house -- especially a large one like Florida's with 27 electoral votes -- gives a party an advantage in drawing congressional districts and a head start in laying the groundwork for a 2012 presidential campaign in the state.
Scotts campaign revealed it is wary of voter fraud on Monday, posting a hotline on its website for citizens to report fraud. While the campaign wont publicly discuss strategy, it does have contingency plans in the event of a skin-tight election margin.
We will be prepared for anything, Brian Burgess, Scotts communications director, said when asked about the campaigns legal strategy after the election.
The Alex Sink campaign did not respond to calls for comment Monday.
Despite the close governor's race, Florida voters are loathe to see a repeat of the 2000 recount. But the closer an important race is, the more likely lawyers will descend on the state to sway the election in the courts when it wasnt quite decided at the polls. According to Moore, legal strategies are a last resort for campaigns, but since 2000 have become part of the scenery during election season.
Its one of those things where you hope you never have to use it. I wouldnt look at it as a negative, its just part of the process, Moore said.
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Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859.
