Page 39 - CLT120720

EXPERT OPINIONS DECEMBER 7, 2020 ¦ 39

a lot of trouble, using a screwdriver to lever the believed that under applicable law they had a right
wheels, with sweat dripping down his forehead. to the relief sought.
My opponent saw the same thing and called the Unfortunately for them, they hit the trio of hur-
judge over. “No, no trouble here. This machine is dles related to the presumption of regularity, the
fine.” bias towards finality in election results and the fact
The challenge was dismissed. There is a body that in order to obtain immediate injunctive relief
of law that presumes regular- necessary to avoid mootness,
ity in governmental processes they had to show a likelihood of
and proceedings and favors the success on the merits.
finality of elections. This puts Some of my friends on the
the burden of proof on the chal- other side of the political aisle are
lenger and requires a pretty high Lawyers challenging the bemoaning the results, pointing
quantum of proof. The challeng- legitimacy of the 2020 to a host of perceived irregulari-
ers couldn’t prove that, however election have hit a trio of ties. They can’t understand how
improbable it might be, many of most of the cases were summar-
hurdles.

the voters using that one single ily dismissed in state and federal
machine hadn’t skipped voting courts, many by judges on their
for the mayor and just voted side of the aisle, some appoint-
down ballot. ed by President Trump. I don’t
I am not going to get political here. For argu- argue with them. I just repeat what I learned 40
ment’s sake, I will assume the many lawyers who years ago. “Voters do funny things is all.”
filed over three dozen suits challenging the re- ¦

sults of the elections in many states on many Mark Dubois, of counsel to Geraghty & Bon-
grounds had good-faith bases for believing their nano in New London, is Connecticut’s former
claims were supported by admissible evidence and chief disciplinary counsel.

IN WHAT PRACTICES ARE YOUR COMPETITORS GROWING?

Ask Legal Compass: at.alm.com/legalcompass

CONNECTICUT
Law Tribune