With Democrats demanding more mail-in voting due to the outbreak of the novel coronavirus and Republicans claiming it will lead to more voter fraud, retired Harvard law professor Alan Dershowitz told Newsmax TV that the November presidential election could end up at the Supreme Court the way the 2000 did.
“I know both sides are already gearing up for legal challenges, in the event of a close election in November,” Dershowitz said on “Greg Kelly Reports.” "So, we can expect this case may very well go to court the way the 2000 election went to court."
Dershowitz referred to the Bush v. Gore case which decided the vote tally in Florida in the 2000 presidential election. George W. Bush originally was certified as the winner, but Al Gore sued and the Florida State Supreme Court ordered a recount. However, the U.S. Supreme Court said the method for a county-by-county recount was “arbitrary” and therefore violated the equal protection clause of the 14th Amendment.
It reinstated the original certification which gave Bush Florida’s 25 electoral votes and the 271 nationally to win the election.
Dershowitz says he supports the idea of any concept that increases “legitimate” voting, but that mail-in voting – which every registered voter is sent a ballot to return by mail, as opposed to absentee voting where a vote must be requested – inevitably invites fraud.
“Every time that you go beyond ballot voting, two things happen,” Dershowitz said. “More legitimate people vote, and there’s more fraudulent voting. And the question is, can you get more legitimate people to vote and reduce the amount of fraudulent voting? That’s the hard question.
“I think, when in doubt, you try to maximize the vote…We want to maximize voting. We don’t voter suppression. But we also don’t want voter fraud.”
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