With 40 days to Election Day 2020, here's the news that you'll want to know:

(1) "2020, election lawyers say, may be the most litigated election ever"

(2) poll: 63% likely voters don't expect election results on November 3 ... but Democrats are pushing their conspiracy theories anyway

(3) Biden ends campaign events early (again!), but this time President Trump calls him out (read President Trump's tweet here)

Chaos from election rule debates in three critical 2020 states: North Carolina, Arizona, and Minnesota.

"'The level of litigation that took place in 2000 was unprecedented,' Ginsberg says.

That word, unprecedented, gets used a lot when describing the 2000 election. But what was unprecedented two decades ago is starting to look quaint in 2020. 2020, election lawyers say, may be the most litigated election ever." (NPR)

• What's happening: Although we're only 40 days out from the election -- and early voting has started in some states already -- we are still seeing election-related lawsuits and procedural changes. (Right now, law professor Justin Levitt is tracking 250 cases on this blog post.)

Here are the most important updates right now:

-- In North Carolina, the two Republicans on the state Board of Election have resigned after a rule change on absentee ballots. They had previously supported the changes, but now say "they were misled about the ramifications of the board's recent legal settlement making rules governing absentee ballots less restrictive." (Fox News)

-- In Arizona, the Secretary of State, a Democrat, wanted to allow voters to register or cast ballots by email or phone. But Arizona's Governor Ducey, a Republican, refused. As he said: "The eyes of the country will be on Arizona, and the only way we can assure the electorate of the integrity of our election system is to refrain from changes in the middle of the election cycle. This isn't the time to experiment." (Washington Free Beacon)

-- In Minnesota, two Republican state legislators filed a lawsuit to challenge a new rule that allows "mail-in ballots to be counted as late as eight days after Election Day with or without a postmark." (Washington Free Beacon)

• What's at stake:

(1) First, and most important, Americans must be able to vote in free, fair elections -- and they must face minimal (ideally, zero) confusion about election rules and procedures. To echo Arizona Governor Ducey: "This isn't the time to experiment."

(2) Rule changes could put many more ballots into play in the election, which is significant given the narrow margin of victory expected in battleground states.

It's not impossible to believe that the outcome of the 2020 presidential election could depend on ballots being allowed in or ruled out based on some of the new lawsuits from this summer and fall.

(3) It's unclear which candidate or campaign will benefit as rules are changed.

In general, loosened election rules are seen as victories for the left. 

But now the uncertainty over absentee and mail-in ballots has reportedly even pushed Democrats to "pivot" and start promoting in-person voting.

(4) Last-minute legal challenges and rule changes open the door for more lawsuits after November 3rd.

We would not be surprised to see multiple states facing drawn-out legal challenges that hearken back to the Florida 2000 recount days.

New poll: 63% likely American voters don't expect election results on November 3rd.

"Sixty-three percent of likely voters nationwide questioned in a Quinnipiac University public opinion survey released on Wednesday said they won’t know the winner of the contest between Democratic presidential nominee Joe Biden and President Trump when they go to bed on Election Night. Just 30% of those questioned thought that a winner would be determined on Nov. 3." (Fox News)

• What's happening: A new poll from respected pollster Quinnipiac University shows that 63% of likely voters don't expect to know the results by the night of November 3rd ... and only 30% of likely voters think they will.

• What's at stake:

(1) Despite Democrats' public panicking to the contrary, the American people are smart -- and they understand we're facing an unusual election year.

FEC Commissioner Ellen Weintraub had warned Americans that there's a "substantial chance" the winner won't be known on November 3rd.

That's due to the higher-than-expected amount of absentee voting and lawsuits that have delayed mail-in ballot deadlines. We also presume there will be legal challenges during ballot processing and counting.

(2) Once again, the Democrats are trying to exploit uncertainty in an unusual year to create crisis.

-- Bernie Sanders is hosting a press conference today to talk about what he thinks are President Trump's "threats" to democracy.

-- Hillary Clinton has long been pushing a conspiracy theory that President Trump wouldn't leave office after an election loss.

-- And more.

Yet, while President Trump and congressional Republicans have remained committed to a free, fair election, groups on the left are:

-- filing lawsuits to change voting rules and procedures, including safeguards previously put in place like ballot signature verification and due dates for mail-in ballots

-- totally fine with Hillary Clinton warning Joe Biden to "not concede under any circumstances"

-- and, as this National Review piece notes: "Democrats have spent weeks — years, really — contending that Trump simply can’t win the election legitimately. They claimed, without any genuine evidence, that he never won it in the first place. [...] In their 'war games,' Democrats were happy to let the military decide the election after convincing governors to threaten secession. During the impeachment trial, Democrats argued that if Republicans didn’t remove the president, the 2020 seat was already stolen. So spare us the theatrics."

President Trump calls out Joe Biden's absence from the campaign trail as Biden wraps up the day early ... again.

"President Trump mocked Joe Biden on Thursday after the Democratic nominee's campaign called a 'lid' on activities for the day early in the morning, saying Biden would be preparing for Tuesday night's debate. Trump, whose campaign has ripped Biden for not doing more press events while seeking to raise questions about the Democrat's age, stamina and mental acumen, called Biden 'sleepy' and 'low energy,' insults he has repeatedly hurled." (The Hill)

• What's happening: Once again, Joe Biden's campaign put a "lid," i.e. no events, at the start of the day. We shared with you yesterday a story from The Federalist on this happening on Tuesday and commentary from National Review when it happened again Wednesday.

Now President Trump has weighed in with a pithy tweet (read it here): "Sleepy Joe Biden just closed down his campaign for the day (Again). Wants to rest! He is a very LOW ENERGY INDIVIDUAL, and our Country cannot make it in these exciting, but complex and competitive times, with a Low Energy President !!!"

• What's at stake: This won't be the deciding issue of the 2020 election, but it highlights two potential broader trends.

(1) Biden is making the case for President Trump's criticism: that Biden is not up to the job of president.

While there's no rule for how many campaign events a presidential candidate must do, it's bizarre -- and, potentially, unprecedented in modern times? -- for a candidate to spend nearly a week off the trail just 40 days out from the election.

(2) Biden's low-key campaign strategy is starting to concern Democrats.

Few will say it publicly, but you can judge the mood by the number of national news stories about "Democrats' concerns" for a Biden strategic decision.

For example: Biden's minimal-personal-contact style has led the campaign to abandon door-to-door campaigning, even in battleground states ... while fellow Democrats in other races are now doing their own outreach

Either way, don't expect the mainstream media to ask any questions as they continue their quest to see Biden elected president in November.