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Potential legal issues over voting in some states

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    Judge Napolitano weighs in

  • Duration 3:33
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We'll right now we're still hours away from the first results in the presidential race -- some looming legal battles were watching and they've been kind of crap and that.

Well ahead of Election Day from Democrats in Florida suing to extend early voting to a potential dispute over provisional ballots in the battleground state of Ohio.

To voting machine irregularities reported in North Carolina and Colorado two very important states.

-- voters in new York New Jersey hit hard by hurricane sandy finding multiple obstacles in their way to voting and lawyers for both campaigns.

Apparently are saying very busy with all this -- not judging it in a -- time I was here is a fox needs.

Senior -- Fox News judicial analyst judge any of those things that we just mention and raise a red flag that you think of presenting a big issue.

This election time.

Well they all could present a big issue would -- I mean people who were you could argue in new York and -- -- where the outcome for the presidential election is probably not in dispute.

We can get a chance the vote 25% of us didn't get a chance to vote so give us a chance to vote on Wednesday.

State is about authority to do that in the presidential election.

They can let people vote on Wednesday for other candidates.

But federal law requires that all voting for president be concluded before midnight local time everywhere in the United States so period underscore underscore the -- for governors and the legislatures of the various states cannot change that on the other hand we had the incident that you addressed -- the introduction to the segment.

In Florida.

Where lawyers sued.

The state of Florida to allow the polls to stay open later on early voting days -- that is easily within the discretion of of the states if you permit early voting.

And you're about to close at 11 o'clock and it's 500 people on -- you should give them the right to vote.

If if it comes 8 o'clock tonight in New Jersey -- close.

And that's 500 people online -- goes out the door and around the block those people get the vote you know they might -- -- in the building until 930.

But except for the state to -- extending the hours until 1159.

Yes we have yes just is as I the judge watching elections though it seems that every year we get some of these problems that crop up is this different -- do you hear anything he -- -- this time around.

Less how does -- compare.

-- tell you what's different this year is that there are now thousands of lawyers in the United States of America gore election law experts.

Now there was no such thing as an election law expert in 2001 we had bush vs gore since then.

Law students are taught this in law school and they become lawyers and they become expert in the field so remember we have 51 separate elections tonight.

The fifty states and the District of Columbia.

It looks like it's a national election but it's all these separate elections in each one of these jurisdictions.

There are democratic lawyers and Republican -- chanting at the bit.

To help bring about the outcome that their party wants but using the courts to do so.

But this can only happen if there's if that there's a significant system wide problem.

If a large number of people are not permitted to vote or a large number of people vote more than once whichever the case may be this we get into the hands of a judge and then you have the issue of impoundment.

When a judge says you know -- -- -- yeah it's midnight.

And I don't feel like supervising the counting these votes now I'm a lock them up -- -- in the morning we'll resume the counting of the event.

Just let the whole country is on pins and needles when scenario okay judge will watch for that did you vote get ready -- -- well we have early voting for the first time in my lifetime in New Jersey have voted on Saturday it's making -- happy to do some checking the box legally.

Of course check of course companhia are patriotic and -- -- all you know if he's just not -- stuff I have.

If.

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