When Donald Trump named Michael Whatley as his choice to replace Ronna McDaniel, Whatley promised to “work around the clock to file aggressive litigation.” Over the course of the last several months we have seen him make good on that promise.

So far this year, there have been more than 180 voting and election lawsuits filed in 38 states. Most of them — more than 110 — have been filed by the Republican Party and its allies that are aimed at making voting harder, election administration more difficult and free and fair elections less certain.

In recent days, election observers and political pundits have started to publicly fret about what this means for the period after the election. With the memory of the 2020 post-election still fresh, predictions about what will happen after the polls close on Nov. 5 have become a regular topic of conversation on political talk shows and in the national media.

Absent from many of those discussions, however, are some basic facts we know:

1. In 2020, Donald Trump and his allies filed more than 60 lawsuits to overturn the election results in six states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. He lost nearly every case and failed to change the vote count in any one of those states.

2. Five of those six states now have Democratic, or Democratic-appointed secretaries of state and attorneys general. Four have Democratic governors.

3. A new law limits the ability of state legislatures or Congress to alter the certified results.

4. Joe Biden, not Donald Trump, is the president.

There is one other important fact that we need to keep in mind. Though Republicans are filing lawsuits at an unprecedented rate, they are also losing at a similar rate. Last week, for example, the RNC lost voting cases in Pennsylvania and Nevada, while Democrats won key victories in Georgia and Nebraska.

No one knows how the election will turn out. No one can predict with certainty what litigation will or won’t arise afterward. However, if the past is prologue, Republicans will use the courts to try to shape a pro-Trump narrative — which usually includes claiming how unfair it is that he lost in court. Democrats, on the other hand, will litigate to protect voters and our elections. Their relative track records speak for themselves.

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Inside this week’s tip sheet:

• What’s next for the seven lawsuits against the Georgia State Election Board

  
  

• The 5th Circuit’s hotly anticipated decision

  
  

• The Trump campaign’s Nevada lawsuit is due for a decision

  
  

• Republicans’ latest target (it’s not who you’d think)

  
  

• An overlooked win in Florida

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