Democrats want to prevent Republicans from ‘engaging in any activities related to recounts, certifications, or similar post-election activities,’ and they’re counting on a judicial branch ally to make it happen. //

The case threatens to effectively put back in place restrictions that hindered the RNC for nearly four decades. A judge appointed by President Jimmy Carter instated the restrictions when he settled a case between the RNC and the Democrats with a consent decree that limited Republicans’ abilities to partake in regular election practices like poll watching.

From 1981 to 2018, the judge, who only served for 15 years but took senior status for 21, continued to renew the consent decree, and modify it in favor of Democrats, as The Federalist Editor-in-Chief Mollie Hemingway pointed out in her book Rigged:

For decades, the Democratic Party built up expansive coordination efforts that the Republicans were prohibited from developing. Republican candidates and state parties could do things on their own, but not with help from the national party. …

The consent decree also meant the RNC was kept out of almost any litigation related to Election Day. In fact, a main part of the RNC’s legal efforts came to be training RNC staff to stay away from Election Day operations on Election Day, including recounts, and fending off litigation that arose from the consent decree. It utterly paralyzed the political operation of the RNC, as the slightest misstep would result in getting sued by Democrats. //

With the election coming up, the case has recently seen movement after being “randomly reassigned” to Chutkan in 2023. According to court documents, the case had two different judges before landing before Chutkan.

Although no major decisions have been made on the case yet, at a November hearing, Chutkan highlighted how important it was to keep the case moving in time for the 2024 election. //

A ruling in favor of the plaintiffs would restrict the Republican Party from being involved in elections more than the 1981 consent decree because the new lawsuit, in addition to asking that poll watcher restrictions be reinstated, seeks to limit GOP interactions with election officials.

Speaking with CNN, Rajiv Parikh, a Democrat attorney involved in keeping the 1981 consent decree alive, said Democrats believe a court intervention here will be particularly helpful for them in swing states like Georgia and Pennsylvania, where lawsuits and challenges are almost certain to arise.