Will Baude

Which is awkward.

And then worse, of course, things could change.

But the only way it would become close is if a month before the election, you know, the Republican Party takes an unprecedented reputational hit or the candidate is, you know, caught on a hot mic saying that Biden was once the president or something scandalous.

And, you know, then it's sort of awkward to say, oh, now the election is closed.

I guess we do have to litigate this.

So there's some attraction to a kind of general rule that you just try to get the rules right.

Or even litigate it.

Exposed, right?

Well, right.

So then, of course, we talked a couple episodes ago about the Purcell principle, the special election law rule that federal courts shouldn't enjoin state rules too close to the election.

On the eve.

On the eve.

The eve, also known as sometime in the 12-month period preceding.

And so if you waited too long, then you'd get Purcelled out.

Probably.

So there's a complicated body of remedial law about that.

Probably.

But, but that can get kind of complicated too.

Okay.

I mean, like Bush versus Gore in part involved the court just saying like it was time to stop counting the votes because it's getting to be too, too close to inauguration day.