LEGAL CHALLENGES
Expect Bush v. Kerry, the Chadless Sequel
By ADAM LIPTAK
Published: October 27, 2004
In trying to fix problems that arose in the 2000 presidential election, Congress may have created an impediment to a quick resolution in 2004 and set the stage for major election lawsuits.
The Help America Vote Act of 2002 allows voters whose names cannot be found on local rolls to cast provisional ballots, with election officials making a decision later about whether the vote should count. Election lawyers now say that those ballots could determine the outcome in a handful of states where the presidential race is expected to be extremely close.
But because those ballots will have to be considered one by one, there is a real possibility that the outcome of the presidential election will not be known on the morning of Nov. 3 and that it will again turn on court decisions, say election law specialists tracking more than a half-dozen thorny legal issues in the swing states....
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The provisional ballots are at the top of many election lawyers' lists of potential problems for Nov. 2. The lists also include recounts, flaws in voting technology, absentee ballots, fraud, intimidation and terrorism....
http://www.nytimes.com/2004/10/27/politics/campaign/27legal.html